/ n. J - ^ / THE DONG AN CHARTER AMI PRESENT CHARTER, TOGETHER WITH Laws of the State of New York APPLICABLE TO THE CITY OF ALBANY City Laws and Ordinances CITY OF ALBANY. Charter Revised to Conform to amendments thereto up to January i, 1896, and Laws Compiled and arranged bv WILLIAM P. RUDD, Corporation Counsel. ALDEN CHESTER, Assistant Corporation Counsel. Charter Indexed by HENRY A. MALOY, Clerk of Cotnmon Council. State Laws Indexed by JAMES J. FARREN, Asst. Corporation Counsel. City Laws and Ordinances Compiled by HENRY A. MALOV. revised and arranged by JOHN A. DELEHANTY, Corporation Counsel, AND JAMES J FARREN, Assistant Corporation Counsel. Indexed by HENRY A. MALOY. I ALBANY: THE ARGUS COMPANY, PRINTERS. 1896. CONTENTS. >. ^ ^ I PART I. Page. Dongan Charter 7 Charter of the city of Albany, as amended to January 1, 1896 29 Title I. Title and general powers of corporation 29 II. Boundaries of city and wards thereof 30 III. Legislative powers 38 IV. The Mayor 70 V. Corporation Counsel 79 VI. Chamberlain and Commissioner of Arrears S3, 88 VII. Receiver of Taxes 92 VIII. Board of Finance 102 IX. Board of Contract and Apportionment HO X. Repairs 136 XI. Reducing and vacating assessments 140 XII. Street Commissioner 144 XIII. City Engineer 148 XIV. City Physician 154 XV. Superintendent of Alms-house 154 XVI. Overseer of the Poor 156 XVII. Taking private property for public use 161 XVIII. General provisions 170 XIX. Assessors I'^S XX. Relative to buildings and prevention of fires 176 XXI. Elections 206 XXII. Saving and repealing clauses 207 PART II. LAWS OP THE STATE OP NEW YORK RELATING TO THE CITY OP ALBANY. TITLE I. RELATING TO ASSESSORS, ASSESSMENTS AND TAXATION. Laws of. Chap. Page. 1850. 86. An Act to provide for the assessment and collection of taxes '■ 211 1851. 4S6. An Act to amend acts relating to the city of Albany, 226 1870. 139. An- Act to annex parts of the towns of Bethlehem and Watervliet to the city of Albany 309 1874. 159. An Act to legalize and confirm laws, ordinances and resolutions passed by the Common Council 231 1874. 356. An Act in relation of redemption of real estate sold for non-payment of assessments ; 295 35351.3 IV Contents. Laws of. Chap. Page. 1875. 262. An Act to confirm and levy assess'«ents for street improvements 232 1876. 153. An Act to require tlie filing: of maps in assessor s office 228 1876. 445. An Act in relation to the Great Western turnpike.... 252 1877. 443. An Act to confirm and levy assessments on Swan, 101m and Morton streets 235 1880. 290. An Act to permit and authorize the issue of bonds for South Pearl street improvement 256 An Act for g-rading and planking Delaware avenue, 258 An Act to confirm and levy assessments upon share- holders of the National and State banks 236 An Act to permit and authorize the issue of bonds for the payment of Second avenue improvement — 269 An Act to confirm and levy certain assessments for street improvements 238 An Act to permit and authorize the issue of bonds for paving Clinton avenue 267 An Act to regulate the transaction of business in the county of Albany 228 An Act to provide for the taxation of shareholders of National Albany Exchange Bank 299 An Act to legalize and confirm assessment-rolls of 1876, 1877 and 1878 296 An Act in relation to the exhibition of assessment- rolls 229 An Act to provide for the improvement of Broadway, north of DeWitt street 271 An Act to confirm and legalize certain contracts 241 An Act in relation to certain street and sewer improvements, and to legalize, confirm and levy assessments therefor 242 An Act to enable the trustees of the sinking fund to take up bonds 247 An Act to provide for the improvement of Delaware avenue 260 An Act to provide for the opening of the Northern Boulevard 275 An Act to enable the city of Albany to repair, extend, complete and preserve the Beaver Creek sewer 278 An Act to legalize and confirm the affidavits to assessment-rolls from 1872 to 1885 298 An Act to authorize the correction of erroneous a.ssessments 230 An Act to provide for the improvement of Central and Watervliet avenues 281 An Act to provide for the improvement of Delaware avenue 263 An Act to provide for the improvement of Lake avenue 288 An Act to authorize the Board of Contract and Apportionment to assess the expense of certain work 247 1890. 362. An Act to enable the city of Albany to extend and complete the Beaver Creek sewer 280 1880. 291. 1881. 271. 1881. 458. 1881. 459. 1881. 693. 1883. 79. 1883. 341. 1883. 345. 1883. 51 5. 1886. 75. 1886. 265. 1886. 463. 1887. 9. 1887. 299. 1887. 305. 1887. 352. 18S7. 3S6. 1H87. 522. 1SS.S. 231. 1888. 319. 18.S.S, 397. 1889. 425. Contents. ^ v Laws of. Chap. • Page. 1892. 389. An Act to provide for the improvement of Central avenue and intersecting streets 284 1892. 394. An Act to provide for the removal of the Water street bridge and to provide for the construction of a lift bridge 313 1893. 600. An Act to reduce, confirm and levy certain assess- ments, and provide for the payment thereof 248 1894. 590. An Act to provide for the repayment of moneys paid for the construction of a hoist bridge on Water street 314 1894. 630. An Act to provide for the improvement of Third avenue 291 1894. 761. An Act to vacate assessments for improving Second avenue 251 TITLE II. RELATING TO THE BOARD OF HEALTH. 1885. 297. An Act for the preservation of the public health and the registration of vital statistics 316 1888. 399. An Act to secure the registration of plumbers 321 1894. 763. An Act to authorize the borrowing of money and the issue of bonds for the building of a garbage crematory 322 1895. 351. An Act to promote the public health and to estab- lish free public baths 324 TITLE III. RELATING TO POLICE AND POLICE COMMISSIONERS. 1870. 77. An Act relating to the Police Department 326 1872. 278. An Act making further provisions as to the Police Department 346 1885. 299. An Act to establish a Police Pension Fund 347 1895. 772. An Act in relation to the Police Justices of the city of Albany 350 TITLE IV. RELATING TO THE FIRE COMMISSIONERS AND THE FIRE DEPARTMENT. 1867. 197. An Act to reorganize the Fire Department 352 1883. 173. An Act to incorporate the Fund for the Relief cf Disabled Firemen 358 1893. 611. An Act to provide for the distribution of moneys raised for the benefit of the families of certain deceased firemen 364 TITLE V. RELATING TO THE BOARD OF PUBLIC INSTRUCTION. 1866. 444. An Act to create a Board of Public Instruction in the city of Albany 366 1869, 703. An Act to enable the Board of Public Instruction to pbtain sites for school-houses 372 vi Contents. Laws of. Chap. Page. 1S70. 500. An Act extending the jurisdiction of the Board of Public Instruction 374 1873. 312. An Act in relation to the Free Academy in the city of Albany 375 1875. 14. An Act to authorize the city of Albany to issue bonds to pay for a public high school 375 1876. 173. An Act amending chapter 77, Laws of 1870 378 ISSO. lis. An Act in relation to the sale of certain school property 377 1886. 48. An Act authorizing the Board of Public Instruction to let contracts to build and furnish a certain school building 379 TITLE VI. RELATING TO THE BASIN, DOCKS, PIERS AND WHARVES. 1823. 111. An Act authorizing the construction of a basin in the city of Albany 3S1 1S25. 276. An Act amending chapter 111, Laws of 1823 387 1835. 163. An Act to improve the navigation of the Albany basin 387 1836. 139. An Act to amend chapter 163 of Laws of 1835 391 1837. 356. An Act for the appointment of a harbor master for the port of Albany 409 1837. 453. An Act to amend chapter 163, Laws of 1835, and chap- ter 139 of Laws of 1836 394 1837. 467. An Act relating to the Albany basin 394 1837. 469. An Act to authorize the proprietors of the Albany pier to increase the width of said pier 403 1841. 51. An Act amending acts to improve the navigation of the Albany basin 397 1841. 113. An Act to extend the opening of the Albany pier between Columbia and State streets 404 1850. 158. An Act in relation to the prices of wharfage for ves- sels loading at pier 412 1866. 503. An Act to improve the Albany basin and to provide means therefor 398 1867. 560. An Act to authorize the Mayor, Aldermen and Com- monalty of the city of Albany to establish a uni- form rate of wharfage 413 1878. 405. An Act to regulate the use of certain docks in the city of Albany 414 1895. 963. An Act to provide for the improvement of the Alliany basin 400 1895. 982. An Act to provide for the improvement of the Albany basin and the protection of the public health 401 TITLE VII. RELATINO TO PARKS AND PARK COMMISSION. 1S69. .582. An Act in relation to a public park in the city of Albany 415 1870. 377. An Act supplementary to chapter .582, Laws of 1869.... 418 1872. 45. An Act supplementary to and amendatory of an act In relation to a public park in the city pf Albany.... 437 Laws of. Chap. 1873. 66. 1875. 29. 1881. 511. 1890. 112. 1S90. 449. 1892. 154. 1894. 762. 1895. 781. 1895. 788. Contents. vii Page. An Act in relation to Washington park 431 An Act amendatory of the several acts relating to Washington park 434 An Act in relation to certain public parks in the city of Albany 434 An Act to declare the legal title of the Board of Commissioners of Washington Park 435 An Act to enable the city of Albany to procure addi- tional land for park purposes 436 An Act to enable the Dudley Observatory of the city of Albany to transfer real estate 449 An Act to enable the city of Albany to procure addi- tional land for park purposes 451 An Act to enable the city of Albany to raise money for the grading and improvement of Beaver Park, 453 An Act in relation to the erection of the Bender Hygenic LaboratoiT 455 TITLE VIII. RELATING TO THE CITY COURT AND THE SPECIAL SESSIONS. Code of Civil Procedure (extracts from) 457 1881. 438. An Act in relation to the Justice's Court of the jity of Albany 462 1884. 122. An Act to change the name of the Justice's Court of the city of Albany to the City Court of Albany 465 1895. 766. An Act in relation to the City Court of Albany and fixing the terms of the justices thereof 471 TITLE IX. RELATING TO THE WATER-WORKS AND WATER COMMISSIONERS. An Act to provide for a supply of water in the city of Albany 472 An Act to preserve the purity of certain streams used to supply the city with water 483 An Act to amend chapter 23.5, Laws of 18.50 484 An Act to amend chapter 235, Laws of 1850 485 An Act authorizing the city of Albany to supply a portion of the town of Watervliet with water 486 An Act to amend chapter 235, Laws of 1850, and acts amendatory to said act 487 An Act to provide for an additional supply of water in the city of Albany 488 An Act to amend chapter 328, Laws of 1873 493 An Act relating to a further supply of pure and wholesome water for the city of Albany 493 1887. 212. An Act modifying and amending chapter 306, Laws of 18S5, and chapter 276, Laws of 1884, and acts amenda- tory thereto ^^ 1892. 304. An Act to provide for the appointment of a Board of Water Commissioners for the city of Albany 502 1850. 235. 1851. 212. 1852. 28. 1857. 5. 1857. 258. 1859. 197. 1868. 43. 1876. 106. 1885. 306. viii Contents. TITLE X. MISCELLANEOUS ACTS RELATING TO THE CITY OF ALBANY. Laws of. Chap. Page. 1851. 121. An Act to amend an act entitled "An Act relating- to the sales by auction in the city of Albany." 509 1852. 195. An Act to authorize the city of Albany to make a loan to the Albany and Susquehanna Railroad Company 510 1857. 398. An Act to extend the time for the completion of the Albany and Susquehanna Railroad 514 1867. 747. An Act to extend the time for the completion of the Albany and Susquehanna Railroad 514 1870. 357. An Act granting the consent of the State of New York to the purchase by the United States of lands for the erection of custom house, post-offlce, courts, internal revenue office, etc 516 1870. 424. An Act in relation to the statistics of the poor 536 1873. 195. An Act granting the consent of the State of New York to the acquisition by the United States of certain lands for the erection of government buildings 517 1875. 513. An Act to abandon the further use of the buildings and lands used as a public arsenal 515 1876. 146. An Act in relation to repairs of certain streets in the city of Albany 533 1879. 88. An Act making an appropriation for the construction of an iron swing, draw or lift-bridge at Lawrence street 534 1879. 342. An Act in relation to the funded debt of the city of Albany 534 1880 285. An Act to provide for the repairing or rebuilding of the City Hall, city of Albany 519 1881. 258. An Act for the improvement of the Broadway rail- road crossing 527 1883. 95. An Act in relation to claims for damages against the city of Albany by reason of work done on the improvement of the Broadway railroad crossing 530 1883. 198. An Act to authorize the commitment of infants who are a county charge to the House of Shelter and St. Vincent's Female Orphan Asylum 538 1884. 354. An Act to provide for the care, transportation and commitment of lunatics, idiots, etc 543 1885. 301. An Act to define the duties of the Overseer of the Poor and the Superintendent of Alms-house in the county of Albany 538 1886. 392. An Act to authorize the closing of Cortland street, between Lake avenue and Ontario street 552 1887. 224. An Act to provide for a public market in the city of Albany 554 1888. 579. An Act to authorize the construction of a viaduct on Hawk street 559 1891. 28. An Act to authorize the closing of Cortland street, between Ontario street and Partridge street 553 1891. 151. An Act to provide for the construction of certain public buildings ,..., 565 Laws of 1895. 1895. 1895. 1895. Contents. ix Chap. Page. 1. An Act to provide for public notice and opportunity for a public hearing before the Mayor and legisla- tive body, concerning special city laws 576 248. An Act to establish a public driveway on Washing- ton avenue, between Quail street and Manning Bbulevard 574 776. An Act to reduce, confirm and levy certain assess- ments for paving, etc., Woodlawn avenue 578 1029. An Act to provide for the distribution of unexpended balance of money raised for the benefit of the suf- ferers from the Johnstown flood 579 PART III. ORDINANCES. OF CITY BOARDS AND DEPARTMENTS. Page. Chap. 1. Of the Board of Audit 583 2. Of the Trustees of the Sinking Fund 584 3. Of the Board of Finance 584 4. Of the Board of Contract and Apportionment 585 5. Of the Law Department 587 OF CITY OFFICERS. Chap. 6. Of the Chamberlain 588 7. Of the Receiver of Taxes 589 8. Of the Corporation Counsel and Assistant 590 9. Of the Clerk of the Common Council 591 10. Of the Department of Engineering 593 11. Of street improvements and Street Commissioner 595 12. Of the City Marshal 599 13. Of the Overseer of the Poor 599 14. Of the Assistant Overseer of the Poor 600 15. Of the Inspector of Weights and Measures 601 16. Of the City Physician 602 17. Of the District Physician 603 18. Of the Janitor of the City Building 605 19. Of the Commissioner of Deeds 605 20. Of the bonds of city officers 606 OF CITY PROPERTY. Chap. 21. Of the Alms-house 607 22. Of the City Building 615 23. Of the City Hall 616 24. Of public grounds and parks 616 LICENSES. ■ Chap. 25. As to bill posters 619 26. Of carts and cartmen 621 27." Of hackney coaches 627 28. Of junk dealers 634 29. Of places of amusement 637 30. Of pawnbrokers 640 31. Of venders, hawkers, peddlers 643 ii X Contents. OF HEALTH AND PROPERTY. Page. Chap. 32. Of protection to healtH and property 647 S3. Of sanitary ordinances fiSS 34. Of removal of garbag^e 669 35. Of protection to fire alarm and police signal telegraph 673 36. Of storing of gun-cotton, etc., within city limits 673 37. Of steam boilers exhausting stea-n within city limits 674 OF STREETS, WHARVES AND ROADS. Chap. 38. Of streets 675 39. Of docks and wharves 702 40. Of Lamps, gas and electric lights 708 41. Of fences 709 42. Of railroads operated by steam power 711 43. Of street railroads 712 44. Of ferries 718 45. Of private drains and sewers 719 MISCELLANEOUS ORDINANCES. Chap. 46. Bread 721 47. Of the Police Court 722 48. Of the public pound 723 49. Of riding on steps of omnibuses 724 50. Of runners 724 51. Of Sunday law and route for cattle 725 52. Of ambulances 726 53. Of general miscellaneous provisions 726 54. Of penalties 731 55. Of general penalties 731 56. Of water mains, distribution pipes and hydrants 731 57. Of markets 732 58. Arms and seal of the city of Albany 739 59. Of telegraph, telephone, electric light, electric railway and electric power lines 741 60. Of reports of city officers, boards and commissions 744 61. To provide for alarm bells and lamps on bicycles and to regulate the speed thereof 745 AUTHORITY FOR COMPILATION. In Common Couucil, July 2, 1894. Resolved, That the Coiijoratiou Counsel be and he hereby is requested to compile and report to this Board, the charter of the city of Albany, striking therefrom all parts that 'have been repealed and inserting in their proper places all .amendments that have been made thereto since the same was passed, April 23, 1883. That in connection therewith he also report any and all laws of the State of New York specially applicable to the city of Albany. A true record, WILLIAM W. DEXNIX, Clerk Common Council. Approved .July 7, 1894. OREX E. WILSON, Mayor. In Common Council, July 2, 1894. Resolved, That the Clerk be and hereby is requested to com- pile and present to this Board the ordinances of the city of Albany now in force. A true record. WILLIAM W. DEXNIX, Clerk Common Couucil. Approved July 7, 1894. OREX E. WILSOX, Mayor. In Common Council, November 19, 1894. Oflace of Corporation Counsel, Albany, November 19, 1894. To the Honorable the Common Council: In accordance with a resolution adopted by your- honorable body July 2, 1894, m which you request the Corporation Counsel to 4 Authority for Compilation. compile and report to this Board the charter of the city of Albany, together with all the laws of the State of New York, especially applicable to the city of Albany, I desire respectfully to state that we have complied with the request contained in such resolution, and have compiled all the laws as they now exist which make up the charter of this city, and also all the laws of the State which are especially applicable to this city. This compilation has been made without any expense to the city of Albany, and T would respectfully suggest that, at a future time, a resolution be adopted by your honorable body providing for the proper printing of this compilation. Yours respectfully. WILLIAM P. RUDD, Corporation Counsel. A true record, WILLIAM W. DENNIN, Clerk Common Council. In Common Council, June 3, 1895. Resolved, That the Printing Committee be and hereby is directed to cause to be printed the compilation of the charter and State laws relating to the city of Albany, which has been made by the Corporation Counsel and the city ordinances, as prepared by the Clerk of this Common Council. Resolved, That said committee be directed to obtain competi- tive bids for the doing of such work. A true record. WILLIAM W. DENNIN, Clerk Common Council. Approved June 13, 1895. OREN E. WILSON, Mayor. PA RT I. Containing the Dongan Ctiarter and Charter of 1883, WITH AMENDMENTS TO JANUARY i, 1S96. The Dongan Cliarter of the City of Albany. Granted on the Twenty-second day of July, in the Year of our Lord One Thousand Six Hundred and Eig'hty-Six. Thomas Dongan, Governor. 1. THOMAS DONGAX, Lieutenant and Governor of the Province of New- York, and Dependencies in America, under his most sacred Majesty, JAMES the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, and so forth, the Supreme Lord and Proprietor of the said Province of New-York, and its Dependencies : To all persons to ichom these Presents shall or may come, or in any wise concern, Sendeth Greeting : Becital of certain grants. 2. WHEREAS the town of Albany is an ancient town within the said Province, and the inhabitants of tlie said town have Jield, used and enjoyed, as well within the same as elsewhere within the said Province, divers and sundry i?/*/// ts. Liberties, Privilef/es, Franchises, Free Customs, P)'eheminences, Advantages, Jurisdictions, Emoluments and Immunities, as well by prescription, as by Grants, Confirmations and Proclamations, not only by divers Governors and Commanders-in-Chief in the said Province under his said Majesty; but also of several Governors, Generals and Commanders-in-Chief of the Nether Dutch nation, whilst the same was or has been under their power and subjection. And Whereas divers lands, tenements, and hereditaments, juris- dictions, liberties, immunities and privileges, have heretofore been given and granted to the inhabitants of the said town, sometimes by the name of the Commissaries of the town of Beterwyck ; some- times by the name of the Commissaries of the town of Albany; some- times by .the name of Schepenen of WiUiam-Stadt ; and sometimes by the name ot Justices of the Peace fov the town of Albany; and by divers other names, as by their several grants, writings, records and minutes, amongst other things, may more fully appear. A^t> Whereas the 8 Dong AN Charter of tee City of Albany. inhabitants of tlie said town have erected, built and appropriated, at their own proper cost and charges, several public buildings, accomoda- tions and conveniences, for the said town, as also certain pieces or parcels of ground for the use of the same, that is to say, the town-hall or stadt-house, with the ground thereunto belonging; the church or meeting place, with the ground about the same ; the burial place, adjoining to the palisades, at the south-east end of the town ; the watch- house and ground thereunto belonging ; a certain piece or parcel of land, commonly called or known hj the name of pasture, situate, lying and being to the south-ward of the said town, near the place where the old fort stood, and extending along Hudson's River, till it comes over against the most northerly point of the island, commonly called Martin Gerritsen's Island, having to the east Hudson's River, to the south, the manor of Rensselaericick, to the west the highway leading to the town, the pasture late in the tenure and occupation of Martin Oer- retson, and the pasture late in the tenure and occupation of Casj)er Jacobse, to the north the several pastures late in the tenure and occupation of Robert Sanders, Myndert Harmense and Evert Wendell, and the several gardens late in the tenure and occupation of Dirk Wessels, KilUan Van Rensselaer and Abraham Staast, with their and every of their appurte- nances ; and also have established and settled one ferry from the said town to Greenbush, situate on the other side of Hudson's River, for the accomodation and conveniency of passengers, the said citizens and travellers : And Whereas several of the inhabitants of the town do hold from and under his most sacred Majesty, respectively, as well by several and respective patents, grants and conveyances, made and granted by the late Governors and Commanders-in-Chief of the said Province, as otherwise, several and respective messuages, lands, tene- ments and hereditaments in the town of Albany aforesaid, and that the said inhabitants of the said town of Albany, and their heirs and assigns respectively, may hold, exercise and enjoy, not only such and the same liberties, privileges, franchises, rights, royalties, free customs, jurisdictions and immunities, as they anciently have had, held, used and enjoyed, but also such public buildings, accommodations, conve- niences, messuages, lands, tenements and hereditaments in the said town of A r.uANY, which, as aforesaid, have been by the inhabitants erected and built, or which have, as aforesaid, been held, enjoyed, granted and conveyed unto llicin, or any of tlicni. respectively. Privilege granted. — ^Title of corporation. — Proviso. — Powers of Corporation. — Proviso. 3. Know yk tiikukkouk, Tliat 1, the said Thomas Dongan, by virtue of tlie commission and authority unto me given and power in me pre- siding, at the humble petition of tlie .Tustices of the Peace of the said Dong AN Charter of tee City of Albany. 9 town of Alba:sy, and for divers other good causes and considerations me thereunto moving, have given, granted, ratified and confirmed, and by these presents, for and on behalf of his most sacred Majesty aforesaid, his heirs and successors, do give, grant, ratify and confirm unto the said inhabitants of the said town, herein after agreed to be called by the name or names of the Mayor, Alderman and Commonalty of the City of Ai>BANT, all and every such and the same liberties, privileges, fran- chises, rights, royalties, free customs, jurisdictions and immunities, which they have anciently had, held and enjoyed : Provided always, That none of the said liberties, privileges, franchises, rights, free customs, jurisdictions or immunities, be inconsistent with, or repugnant to, the laws of his Majesty's kingdom of England, or other the laws of the general assembly of this Province ; and the aforesaid public buildings, accommo- dations and conveniences, pieces or parcels of ground in the said town, that is to my. The said town-hall or stadt-house, with the ground here- unto belonging ; the said church or meeting-place, with the ground about the same ; the said buryiug-place, the watch-house and ground thereto belonging ; the said pasture and the afore-mentioned ferry, with their and every of their rights, members and appurtenances, together with all the profits, benefits and advantages that shall or may accrue or arise at all times hereafter, for anchorage or wharfage in the harbor, port or wharf of the said city, with all and singular the rents, issues, profits, gains and advantages which shall or may arise, grow or accrue by the said town-hall or stadt-house, and the ground thereunto belonging; church or meeting place, with the ground about the same; burying-place, watch-house, pasture, ferry, and other the above men- tioned premises, or any of them, and also all and every the streets, lanes, highways and alleys, within the said city, for the public use and service of the said Mayor, Alderman and Commonalty of the said city, and of the inhabitants of the places adjacent, and travellers there ; together with full power, license and authority to said Mayor, Alder- man and Commonalty and their successors forever, to establish, appoint, order and direct the establishing, making, laying out, ordering, amending and repairing of all streets, lanes, alleys, highways and bridges, water-courses and ferries, in and throughout the said city, or leading to the same, necessary, needful and convenient for the inhabitants of the said city and the jiarls adjacent, and for travellers there. Pro- vided ALWAYS, That the said license so as above gran led for the establishing, making and laying out streets, lanes, alleys, highways, ferries and bridges, be not extended or construed to extend, to the taking awaj- of any person or persons right or property, without his or their consent, or b}^ some known law of the said Province. And for the consideration aforesaid, I do likewise give, grant, ratify and confirm unto all and ever}' the respective inhabitants of the said city of Albany, and their several and respective heirs and assigns, all and every the 10 DoNOAN Charter of the City of Albany. several respective messuages, lands, tenements and hereditaments, situate, lying and being in the said city, to them severally and respect- ively granted, conveyed and confinned by any the late Governors, Lieutenants, or Commander-in-Chief of the said Province, or by the Commissaries or Justices of the Peace, or other Magistrates of Albany aforesaid, or otherwise howsoever ; To Hold to their several and respective heirs and assigns forever. Waste land, etc. < 4. And I do, by these presents give and grant to the said Mayor, Alderman and Commonalty of the said city of Albany, all the waste, vacant, unpatented and unappropriated land lying and being within the said city of Albany, and the precincts and liberties thereof, extend- ing and reaching to the low water mark, in, by and through all parts of said city ; together with all rivers, rivulets, coves, creeks, ponds, w^ater-courses, in the said city, not heretofore given or granted by any of the former Glovernors, Lieutenants or Commanders-in-Chief, under their or some of their respective hands and seals, or the seal of the Province, to some respective person or persons, late inhabitants of the said city, or of other parts of the said Province ; and also the royalties of fishing, fowling, hunting, hawking, mines, minerals and other royalties and privileges belonging or appertaining to the city of Albany, gold and silver mines only excepted. Privilege of fishing in Hudson's river. — Manor of Rensselaer- wyck. 5. And I do, by these presents, give, grant and confirm unto the said Mayor, Aldermen and Commonalty of the said city of Albany, and their successors, forever, full and free license and liberty of fishing in Hudson's River, not only within the limits of the said city, but without, even so far northward and southward as the river does extend itself, within the said county of Albany, together with free liberty, license and authority, to and for the said Mayor, Alderman and Commonalty of the said city of Albany aforesaid, and their successors, at all time and times liereafter, for and during the space of one and twenty years, from and after the fourth day of Novemher, last past, to be accomplished, and fully to be complete and ended, to cut down and carry away, out of any part of the manor of liensselaencpck, (provided it be not within any fenced or enclosed land) such firewood and timber, for building and fencing, as to them shall seem meet and convenient. Strays. (!. And I do, by these presents, gniiil unto tlie said ]\Iayor, Alderman and Commonalty of the city of Alb.vny, and their successors forever DoNGAN Charter of the City of Albany. 11 hereafter, all such strays as shall he taken withiu the limit, precincts and bounds of the said city. To purchase lands of Indians. 7. And I do, by.these presents, give and grant unto the said Mayor, Alderman and Commonalty, of the city of Albany, and their successors, full liberty and license, at their pleasure, to purchase from the Indians, the quantity of live hundred acres of low or meadow land, lying at a certain place, called or known by the name of Schaagldecorjite, which quantity of five hundred acres shall and may be, in what part of Schaaghtecogue, or the land adjacent, as they, the said Mayor, Alderman and Commonalty of the city of Albany, shall think most convenient. Annual quit-rent. 8. And I do, by these presents, give and grant unto the said Mayor, Alderman and Commonalty, full power and license ai their pleasure, likewise to purchase from the Indiann, the quantity of one thousand acres of low or meadow land, lying at a certain place, called or known by the name of Tionnondoroge, which quantity of one thousand acres of low or meadow land, shall and may be, in what part of Tionnondoroge, or tlie land adjacent on both sides of the river, as they the said Mayor, Alderman and Commonalty of the said city of Albany, shall think most convenient; which said several parcels of low or meadow land, I do hereby, in behalf of his said 3Iajesty, his heirs and successors, give, grant and confirm unto the said Mayor, Alderman and Commonalty of the city of Albany aforesaid, to be and remain to the use and behoof of them and their successors forever. To have and to hold, all and singular the premises, to the said Mayor, Alderman and Commonalty of the said city of Albany, and their successors forever, RENDERING and paying therefor unto his most sacred Majesty, his heirs, successors and assigns or to such officers or receiver, as shall be appointed to receive the same, yearly, forever hereafter, the annual quit-rent or acknowledgement of one beaver skin, in Albany, on the five and twentieth day of March, yearly and forever. Bounds of city. 9. And moreover, I will, and by these presents, for his said. Majesty, his heirs and successors, grant, appoint, and declare, that the said city of Albany, and the compass, precincts, and limits thereof, and the jurisdiction of the same, shall from henceforth extend and reach itself, and shall and may be able to reach' forth and extend itself, as well in length and breadth, as in circuit, on the east by Hudson's River, so far as low water mark ; to the south, by a line to be drawn from, the southermost end of the pasture, at the north end of the said island, called Martin 12 DoNOAN Charter of the City of Albany. Gerritsen's Island, runniug back into the woods, sixteen English miles due northwest, to a certain kill or creek, called the Sand Kill; on the north, to a line to be drawn from the post, that was set by Governor Stuyvesant, near Hudsoii's River, running likewise, northwest sixteen Enr/lisli miles; and on the west by a straight line, to be drawn from the points of the said north and south lines; wherefore by these presents, I do firmly enjoin and command for and on behalf of his said Majesty, his heirs and successors, that the aforesaid Mayor, Aldermen and Com- monalty of the city aforesaid, and their successors, shall and may freely and quietly have, hold, use and enjoy the aforesaid liberties, authorities, jurisdictions, franchises, rights, royalties, privileges, advantages, exemptions, lantls, tenements, hereditaments and premises, aforesaid, in manner and form aforesaid, according to the tenure and effect of the aforesaid grants, patents, customs, and these letters patent of grant and confirmation, without the let, hindrance or impediment of any of his Majesty's Governors, Lieutenants, or other ofiicers whatsoever; and that the said Mayor, Aldermen and Commonalty of the city aforesaid, and their successors or any of them, in the free use and enjoyment of tlie premises, or any of them, by the Lieutenants or Governors of his said Majesty, his heirs and successors, or by any of them, shall not be hindered, molested, or in any wise disturbed. Oflacers of city. 10. And also, I do, for and on the behalf of his most sacred Majesty, his heirs and successors, ordain and grant to the Mayor, Aldermen and Commonalty of the city of Albany, and their successors, by these presents, that for the better government of the said city, liberties and precincts thereof, there shall be forever hereafter, within the said city, a Mayor, Recorder, Town-Clerk, and six Aldermen and six Assistants, to be appointed, nominated, elected, chosen and sworn, as hereinafter is particularly and respectively mentioned, who shall be forever hereafter, called the Mayor, Aldermen and Commonalty of the city of Albany, and that there shall be forever, one Chamberlain, or Treasurer, one Sheriff, one Coroner, one Clerk 'of the Market, one High-Constable, three Sub- Constables, and one Marshal or Sergeant at Mace, to be appointed, chosen and sworn in manner hereinafter mentioned. Corporation to be a body politic and corporate. 11. And 1 do, by these presents, for and on behalf of his most sacred Majesty, his heirs and successors, ordain, declare, constitute, grant and appoint, that the Mayor, Recorder, Aldermen and Assistants of the said city of Albany, for the time being, and their successors forever hereafter, be and sliall be, by force of these presents one body corporate and politic,iu deed, fact and name, by tliename of The Mayor, Aldermen and Common- alty ofth- city 0/ Albany; and them by the name of the Mayor, Aldermen Dong AN Charter of the City of Albany. 13 and Commonalty of the city o/' Albany, one body corporate and politic, in deed, fact and name; and I do really and fully create, ordain, make, constitute and confirm, by these presents, and that by the name of Tlie Mayor, Alder men and Commonalty of the city of Albany, that they may have perpetual succession, and that they and theLr successors, forever by the name of the Mayor, Alderman and Commonalty of the city of Albany, be and shall be. forever hereafter, persons able, and in law capable to have, get, receive and possess lands, tenements, rents, liberties, jurisdictions, franchises and hereditaments, to them and their successors, in fee simi^Ie or for term of life, lives or years, or otherwise! and also goods and chattels, and also other things of what nature, quality or kind soever; and also to give, grant, let, set and assign the said lands, tenements, hereditaments, goods and chattels, and to do and execute all other things in and about the same by the name aforesaid; and also that they be, and forever shall be, persons able in law, capable to plead, and be Impleaded, answer and be answered unto, defend and be defended, in all or any of the courts of his said Majesty, and other places whatsoever, and before any Judges, Justices, and other person or persons whatsoever, in all and all manner of actions, suits, complaints, demands, pleas, causes, and matters what- soever, of what nature, kind, or quality soever, in the same, and the like manner and form as other people of this Province, being persons able and in law capable, iwaj plead and be impleaded, answer and be answered unto, defend and be defended, by any lawful ways or means whatsoever; and that the said ]Mayor, Aldermen and Commonalty of the city of Albany, and their successors, shall and may forever here- after, have one common seal to serve for the sealing of all and singular their affairs and business, touching or concerning the said corporation. And it shall and ma}' be lawful to and for the said Mayor, Aldermen and Commonalty of the said city of Albany, and their successors, as they shall see cause, to break, change, alter and new make their said common seal, and as often as to tliem shall seem convenient. Certain oflB.cers appointed. 12. And further know ye, tliat I have assigned, named, ordained and constituted, and by these presents, do assign, name, ordain and constitute, Peter Schuyler, to be the present Mayor of the said city of Albany, and that the said Peter SeJinyler shall remain and continue in the office of Mayor there, until another fit person shall be appointed and sworn in the said office, as in and by these presents, is liereafter mentioned and directed. And I have assigned, named, ordained and constituted, and by these presents do assign, name, ordain and constitute, Isaac Swinton to be the present Kecorder of the said city, to do and execute all things, which unto the office of Recorder of the said city doth, or may "any way apper- 14 DoNGAN Charter of the City of Albany. t_ain or beloug. Aud I have assigned, named, ordained and con- stituted, and by these presents do ordain, constitute, create and declare, Robert Livingston, Town Clerk of the said City; to do and execute all things which unto the office of Town Clerk, doth or may belong. And also I have named, assigned', constituted and made, and by these presents do assign, constitute and make Dirk Wessels, Jan Jans Bleecker, David Schuyler, Jolianuis Wendell, Lavinus Van Scliaick, and Adrain Garritse, citizens and inhabitants of the said city of Albany, to be the present Aldermen of said city. And also I have made, assigned, named and constituted, and by these presents do make, assign, name and constitute, Joacliim Staats, John Lansing, Isaac Verplanck, Lawrence Van Ale, Albert Ryckman, and Melgert Winantse, citizens and inhabitants of the said city, to be the present Assistants of the said city. Also I have assigned, chosen, named and constituted, Jan Bleecker, citizen and inhabitant of the said city, to be the present Chamberlain or Treasurer of the city aforesaid. And I have assigned, named, constituted and appointed, and by these presents do assign, name, constitute and appoint, Richard Pretty, one of the said citizens there, to be the present Sheriff of the said city, Aud I have assigned, named, constituted and appointed, and by these presents do assign, name, constitute aud appoint, James Parker, one other of the said citizens, to be the present Marshal of the said city . Powers of Common Council. — Duration of city laws. 13. And 1 do, by tliese presents, grant to the said Mayor, Aldermen and Commonalty of the said city of Albany, and their successors, that the Mayor, Recorder, Aldermen aud Assistants of the said city, for the time being, or the Mayor aud any three or more of the Aldermen, and any three or more of the Assistants, of the said city, for the time being, be, and shall be called, the Common Council of tlie said city, and that they or the greater part of them, shall or may have full power and authority, by virtue of these presents, from time to time to call and hold Common Council, within the Common Council House, or City Hall of the said city; and there, as occasion shall be to make laws, orders, ordinances, and constitutions in writing; and to add, alter, diminish, and reform them, from time to time, as to them shall seem necessary and convenient, (not repugnant to the prerogative of the King's Majesty, his heirs or successors, or to any laws of the kingdom of England, or other the laws of the General Assembly of the Province of Neic York aforesaid) for the good rule, oversight, correction, and government of the said city, and liberties of the same, and of all the oihcers thereof, and of the several tradesmen, victuallers, artiticers, and of all other people and inhabitants of the city, liberties and precincts aforesaid, and for the preservation of government, the Indian trade, and all other commerce and dealing, and for disposal of all the lands, tenements, and hereditaments, goods and DoNGAN Charter of the City of Albany. 15 chattels of the said corporation; whicli said laws, ordinances, and con- stitutions shall be binding to all the inhabitants of the said city, liberties, and precincts aforesaid; and which laws, orders, ordinances, and con- stitutions, so by them to be made as aforesaid, shall be and remain in force, for the space of one year, and no longer, unless they shall be allowed and confirmed by the Governor and Council, for the time being. Power to make laws. 14. And furthek, I will and grant to the said Common Council of the said city, for the time being, as often as they make, ordain, and establish such laws, orders, ordinances, and constitutions aforesaid, shall or may make, ordain, limit, provide, set, impose, and tax, reason- able fines and amerciaments, against and upon all persons offending against such laws, orders, ordinances, and constitutions as aforesaid, or any of them, to be made, ordained, and established as aforesaid, and the same fines and amerciaments shall and may require, demand, levy, take, and receive, by warrants, under the common seal, to and for the use and behoof of the Mayor, Aldermen and Commonalty of the said city, and their successors, either by distress and sale of the goods and chattels of the offenders therein, if such goods and chattels may be found within the said city, liberties, and precincts thereof, rendering to such offender and offenders the overplus, or by any other lawful ways or means whatsoever. Time when Mayor, etc., to be appointed. 15. And I do, by these presents, for the King's Majesty, his heirs and successors, approve and ordain the assigning, naming and appoint- ing of the Mayor and Sheriff of the said city, that it shall be as followeth, {viz.) upon the feast day of St. Michael, the arch angel, yearly, the Lieutenant-Governor or Commander-in-Chief, for the time being, by and with the advice of his council, shall nominate and appoint such a person as he shall think fit, to be Mayor of the said city, for the year next ensuing; and one other person of sufficient ability in estate, and capacity in understanding, to be Sheriff of the said city of Albany, for the year next ensuing; and that such person as shall be assigned, named and appointed Mayor, and such person as shall be assigned, named and appointed Sheriff of the said city as aforesaid, shall on the 14th day of October, then next following, in the City Hall or Stadt- House aforesaid, take the several and respective corporal oaths before the Recorder, Aldermen and Assistants, or any three of the Aldermen and'f our of the A ssistants of the said city, for the time being, for the due execution of their respective offices as aforesaid; and that the said Mayor and Sheriff, so to be nominated and appointed as aforesaid, shall remain and continue in their respective ofiices until' another fit person 1(5 Dong AN Charter of the City of Albany. shall be nominated, appointed, and sworn in the place of Mayor, and one other person shall be nominated, appointed, and sworn in the place of Sheriff of the said city, in manner aforesaid; which oaths the said Recorder, Aldermen, and Assistants, or any three or more of the Aldermen, shall and may lawfully administer, and have hereby power to administer to the said Major and the said. Sheriff, so nominated and a]ipointed, from time to time, accordingly. Recorder and Town Clerk, how appointed. IG. And further. That according to usage and custom, the Recorder and Town Clerk of the said city, shall be persons of good capacity and understanding, such as his most sacred Majesty, his heirs and successors, shall in the said respective offices of Recorder and Town Clerk, respectively appoint and commissionate; and for defect of such appointment, and commissionating, by his most sacred Majesty as afore- said, his heirs and successors, to be such persons as the said Governor, Lieutenant or Commander-in-Chief of the said Province, for the time being shall appoint or commissionate; which persons so comraissionated to the said office of Recorder and office of Town Clerk respectively, shall have, hold and enjoy the said offices respectively according to the tenor and effect of the said respective commissions, and not otherwise. Officers to take an oath. 17. And further, I will, that the Recorder, Town Clerk, Aldermen, Assistants, ^Chamberlain, High-Constables, Petty-Constables, and all other officers of the said city, before they, or any of them shall be admitted to enter upon and execute the respective offices, shall be sworn faithfully to execute the same, before the Mayor, or any three or more of the Aldermen, for the time being. And I do, by these presents, for and on behalf of his said Majesty, his heirs and successors, grant and give power and authority to the Mayor and Recorder of the said city, for the time being, to administer the same respective oaths to them accordingly. Mayor, etc., to be justices of the peace. 18. And further, I will, and by these presents, do grant for and on behalf of his most sacred Majesty, his heirs and successor.?, that the Mayor, Aldermen and Recorder of the said city, for the time being, shall be justices and keepers of the peace of his said Majesty, his heirs and successors, and justices to hear and determine matters and causes within the said city, liberties and precincts thereof, and that they or any three or more of them, shall and may forever hereafter have power and authority, by virtue of these presents, to hear and determine all and all manner of petty larcenies, riots, routs, oppressions, extortions, and all other trespasses and offenses whatsoever, within the said city of Albany. Dong AN Charter of tee City of Albany. 17 and the- limits, precincts and liberties thereof, from time to time, arising and liappening, and which sliall arise or happen, and any "way belong to the of!ice of justice of tlie peace, and correction and punishment of the offenders aforesaid, and every of them, according to the laws of England, and the laws of the said Province; and to do and execute all other things in the said city, liberties and precincts as aforesaid, so fully and in as ample a manner as to the commissioners assigned, and to be assigned for the keeping of the peace in the said city and county of Albaxt, doth or may belong. Election of Aldermen, Assistants and Chamberlain. — First Town Clerk. 19. And moreover, I do, by these presents, for his majesty, his heirs and successors, will and appoint that the Aldermen and Assistants, within the said city, be yearly chosen on the feast day of St. Michael the archangel, forever, {ciz.) two Aldermen and two Assistants for each respective ward, in such public place in the said respective wards, as the Aldermen for the time being, for each ward, shall direct and appoint, and that by the majority of voices of the inhabitants of each ward; and that the Chamberlain shall be yearly chosen, on the said feast day, in the city-hall of the said city, by the said Mayor, Aldermen and Assistants of the said city, or by the Mayor or three or more of the Aldermen and three or more of the Assistants of said city, for the time being. And I do, by these presents, constitute and appoint Robert Livingston to be the present Town Clerk, Clerk of the Peace, and Clerk of the Court of Pleas, to be holden before the Mayor, Recorder and Aldermen within the said city, and the liberties and precincts thereof. Duty of Sheriff, etc. 20. And fuuthek, I do, by these presents, for his said Majesty, his heirs and successors, require and straightly charge and command that the Sheriff, Town Clerk, Clerk of the Peace, High-Constable, Petty- Constable, and all other subordinate officers in the said city, for the time being, and eveiy of them respectively, jointly and severally, as causes shall require, shall attend upon the said Mayor, Recorder and Aldermen of the said city for the time being, and every or any of them, accoi'ding to the duty of their respective place, in and about the execu- ting of such the commands, precepts, warrants and process of them, and every of them as belougetli and appertaineth to be done or executed. Mayoi;, etc., to commit offenders. 21. And that the aforesaid Mayor. Recorder, and Aldermen, and every one of them, as justices of the peace, for the time being, by their 2 18 DoNGAN Charter of the City of Albany. or any of their warrants, all and every person or persons, for high treason or petty treason, or for suspicion thereof, and for other felonies whatsoever, and all malefactors and disturbers of the peace, and other offenders for any other misdemeanors, who shall be apprehended within the said city or liberties thereof, or without the same in any part within the said county, shall and may send and commit, or cause to be sent and committed to the common gaol of the said city, there to remain and be kept in safe custody by the keeper of the said gaol, or his deputy for the time being, until such offender and offenders shall be lawfully delivered thence. Duty of keeper of gaol. 22. And I do, by these presents, for his said Majesty, his heirs and successors, charge and require the keeper and keepers of the said gaol for the time being, and his and their deputy or deputies, to receive and take into safe custody, to keep all and singular such person or persons so apprehended or to be apprehended, sent and committed unto the said gaol, by warrant of the said justices, or any of them as aforesaid, until he or they so sent and committed to the said gaol, shall from thence be delivered by due course of law. Licenses to tavern-keepers, etc. 23. And further, I grant and confirm, for his said Majesty, his heirs and successors, that the said Mayor of the said city for the time being, and no other, shall have power and authority to give and grant licenses annually, under the public seal of the said city, to all tavern keepers, inn-keepers, ordinary keepers, victuallers, and all public sellers of wine, strong waters, cider, beer, or any other sort of liquors by retail within the city aforesaid, or the liberties and precincts tliereof, or without the same in any part or the said county and that it shall and may be lawful to and for the said Mayor of the said city for the time being, to ask, demand and receive for each license by him to be given and granted as aforesaid, such sum or sums, of money, as he and the person to whom such license may be given or granted shall agree for, not exceeding the sum of thirty shillings, current money of this country for each license; all which money, as by the Mayor shall be so received, shall be u.sed and applied to the pul)lic use of the said Mayor, Aldermen and Commonalty of the said city of Ai-isANY, without any account thereof to be rendered, made or done to his said Majesty, his heirs, successors or assigns, or any of his Lieutenants or Governors of the said Province, for the time being, or any of their deputies. DoNOAN Charter of the Unr of Albany. 19 Mayor to be Clerk of Market. 24. And further, I do grant for his said Majesty, liis heirs and successors, that the said Mayor of the said city for the time being, and no other, be and forever shall be Clerk of the market witliin the said city aforesaid and the liberties and precincts thereof; and that he, and no other shall and may forever do, execute and perform all and singular acts, deeds and things whatsoever, belonging to the office of Clerk of the market within the city aforesaid, and the liberties and precincts thereof, to be done, executed and performed. And that the said Mayor of the said city, for the time being, and no other person or persons, sliall or may have assize or assay of bread, wine, beer and wood, and other things to the office of Clerk of the market belonging or concerning, as well in the presence as in the absence of his said Majesty, his heirs and successors, or his or their Lieutenants or (Jovernors here. Mayor to be Coroner. 25. Also, I will and grant for his said Majesty, his heirs and success- ors, unto the Mayor, Aldermen and Commonalty of the said citv for the time being, and their successors for ever, that the Mayor of the said city aforesaid, for the time being, during the time that he shall remain in the said office of Mayor, and no other, be, or shall be coroner of his said Majesty, his heirs and successors, as well within the city aforesaid, and the liberties and precincts thereof, as without the same, within the limits or bounds of the said county; and that he and no other, shall do or cause to be done and executed, within the said city, limits and precincts thereof, or without the same, within the limits and bounds of the county, all and singular matters and things to the said office of Coroner belonging, there to be done. And that the said Mayor of the said city for the time being, shall take his corporal oath before the Recorder, or any three or more of the Aldermen of the said city, well and duly to execute the said office of Clerk of the market and Coroner of the said city and county, before he take upon him the execu- tion of either of the said offices. Fines for not serving as officers. 26. And also, I do, by these presents, grant unto the Mayor, Alder- men and Commonalty of the said city of Alrany, that if any of the citizens of the said city, or inhabitants within the limits and precincts thereof, that shall, after being elected, nominated, or chosen to the office of Mayor, Aldermen, Assistants, Sheriff, or Chamberlain of the said city as aforesaid, and have notice of his or their election, shall refuse or deny to take upon him or them to execute tbat office to which they shall be so chosen or nominated; that then, and so often as it shall 20 DoNGAN Charter of the City of Albany. and may be lawful for the Mayor, Recorder, Alderman, and Assistants of the said city, for the time being, or the Mayor, or any three of the Aldermen, and three or more of the Assistants of the said city, for the time being, to tax, assess, and impose upon such person or persons so refusing or denying, such reasonable or moderate fines or sums of money as to their discretion shall be thought most fit, so as the said fine, penalty or sum for refusing or denying to hold and execute the oflice of Mayor of the said city, do not exceed the sum of twenty pounds, current money of this country; and the fines for refusing or denying to hold and execute the place of an Alderman, do not exceed the sum of ten pounds, like current money; and the fine for denying or refusing to hold and execute the place of Chamberlain, Assistant, or sheriff, the sum of five pounds, like current money. Election of such to be annulled. 27. And I do, by these presents, for his said Majesty, his heirs and successors, authorize the Mayor, Recorder, Aldermen, and Assistants of the said city, for the time being, and the Mayor, and three or more of the Aldermen, and three or more of the Assistants there for the time being, to frustate and make void the election of such person or persons so refusing or denying as aforesaid ; and then, and in such cases, any other fit and able person and persons, citizen and citizens of the said city, or inhabiting within the liberties and precincts thereof, in conven- ient times, to elect anew in the manner aforesaid, directed and prescribed to execute such oflice and offices so denied or refused to be executed as aforesaid; and that if it shall hajipen that such person or persons so to be elected anew, shall refuse or deny to take upon him or them any of the said office or offices unto which he or they shall be chosen and elected as aforesaid; then and in such case, the Mayor, Recorder, Aldermen, and Assistants of the said city, for the time being, or the said Mayor, or three or more of the said Aldermen, and three or more of the Assistants of the said city for the time being, shall or may set and impose upon them so denying or refusing, such and the like moderate fines as is before set down in like cases to the respective offices, with such limita- tions as aforesaid; and also in such and the like manner as aforesaid, to continue and make void such election and elections, and make new elections as often as need shall be and require; all which said fines so sot and imposed, I do by these presents, for arid on behalf of his said Majesty, his heirs, siiccessors, and assigns, grant to be, and shall be and remain, and belong unto, and sliall be put into (lie jiossession and seizen of the Mayor, Aldermen and Commonalty for tlie time being, and their successors, to be hn'icd and taken l)y warrant under the common seal, and by distress and sale of the goods anil chattels of the several persons so refusing or denying as aforesaid, if such goods and ehattels may be found wilhin the said city, liberties and precincts Dong AN Charter of the City of Albany. 21 thereof, rendering to the parties the overphis, or by any other ways or hiwful means whatsoever, to tiie only use of the said Mayor, Aldermen, and Commonalty of the city of Albany, and their successors, without any account to be rendered, made or done to the said King's Majesty, his heirs, successors, or assigns for the same. Freedom of th.e city. — None but freemen to trade in city. — Proviso. 28. And know ye, that for the better government of the said city, and for the welfare of the citizens, tradesmen, and inhabitants thereof, I do, by these presents, for his said Majesty, his heirs and successoi-s, give and grant to the said Mayor, Aldermen, and Commonalty of the said city, and their successors, that the Mayor, Recorder, and Aldermen, or the Mayor or any three or more of the Aldermen for the time being, shall from time to time, and at all times hereafter, have full power and authority, under the common seal, to make free citizens of the city and liberties thereof; and no person or persons whatsoever, other than such free citizens, shall hereafter use any art, trade, mystery, or manual occupation within the said city, liberties and precincts thereof, saving in the times of fairs there to be kept, and during the continuance of such fairs only. And in case any person or persons whatsoever, not being free citizens shall hereafter use or exercise any art, trade, mystery, or manual occupation, or shall by himself, themselves, or others, sell or expose to sale any manner of merchandise or wares whatsoever^ by retail, in any house, shop or place or standing within the said city, or the liberties or precincts thereof, no fair being then kept in the said city, and shall persist therein after warning to him or them given or left, by the appointment of the Mayor of said city, for the time being at the place or places where such person or persons shall so use and exercise any art, trade, mystery, or manual occupation, or shall sell or expose to sale any wares or mtrchaudise as aforesaid by retail; then it shall be lawful for the Mayor of the said city, for the time being, to cause such shop windows to be shut, and also to impose such reasonable fine for such offense, not exceeding twenty shillings for every respective offense; and the same fines so imposed, to levy and take, by warrant, under the common seal of the said city for the time being, by distress and sale of the goods and chattels of the person or persons so offending in the premises, found within the liberties and precincts of the said city, rendering to the parties the overplus, or by any other lawful ways or means whatsoever, to the only use of the said Mayor, Aldermen, and Commonalty of the said city of Albany, and their successors, without any account to be rendered, made, or done to his Majesty, his heirs and successors, or to his or their Lieutenants, Governors, or Commanders- in-Chief for the same. Provided alw^vys. That no person or persons shall be made free as aforesaid, but such as are his Majesty's natural 22 DoNGAN Charter of the City of Albany. bora subjects, or such as shall be first naturalized by act of the General Assembly, or have obtained letters of denization, under the hand of the Jiieutenaut or Governor, or Commander-in-Chief for the time being, and the seal of the said Province; and that all persons to be made free as aforesaid, shall and do pay for the public use of the said Mayor, Aldermen, and Commonalty of the said city, such sums of money as such person or persons so to be made free, shall respectively agree for, not exceeding the sum of three pouiuU twelve shillings for the adnussion of each merchant or trader; and the sum of t>ix and thirty shilUiKjs for the admission of each handicraft or tradesman. To regulate trade with. Indians. 29. And wiiekeas, amongst the otlier rights, privileges, prehemin ences, and advantages which the citizens and freemen of the said city of Albany, and their predecessors, have for many years last past held, used and enjoyed the privileges, preheminences, and advantages of having within tiieir own walls the sole management of the trade with ■ all the Indians living within and to the eastward, northward, and west- ward of the said county of Albany, within the compass of his s:iid Majesty's dominion here, which hath been from time to time confirmed to them, and their said predecessors, as well by prescription as by divers and sundry grants, orders, confirmations, and proclamations, granted, ordered, confirmed, and issued forth, not only by and from divers Governors and Commanders-in-Chief in the saitl Province, since the same hath been under his said Majesty's dominion, but also of several Governors, Generals, and Commanders-in-Chief of the Nether Dutch Nation whilst the same was or has been under their power and subjection, which has always been found by experience to be of great advantage, not only to the said city in particular, but to the whole Province in general; and that by the care, caution and inspection of the magistrates of the .said city, to the well and orderly management and keeping the trade with the Indians within tiicir walls, it hatli returned vastly to the advancement (;f trade and the increase of his JVIajesty's revenue, and been the sole means, not only of preserving this Province in peace and ((uiet, whilst the neighboring colonies were imbrued in blood and war, but also of putting an end to the mi.series those colonies labored under from the insulting cruelty of the Northern Indians. Whereas, on the other hand, it has been no less evident, that whenever there has been any slackness or remissness in the regulation and keeping the Indian trade witliin liie walls of Ihc said city, occasioned by the encroachment of some persons trading with the fndiansin {)laces remote, some clandestinely, others upon jiretence of hunting pa.sses, and the like, the trade not only of llic said city, but the whole Province, has apparently decreased, the King's revenue has been much inqjaired, and DoNGAN Charter of the City of Albany. 23 not only so, but this government Las lost much of tlie reputation and management amongst the Indians, which it otherwise had and enjoyed ; wherefore, for and on behalf of his said ^Majesty, his heirs and suc- cessors, I have given, granted, ratified, and confirmed, and by these presents do give, grant, ratify and confirm unto the Mayor, Aldermeu- and Commonalty of the said city of Albany, and their successors for- ever, the right, privilege, preheminence, and advantage of the sole and only management of the trade with the Indians, as well within this whole country, as without the same, to the east, ward, northward, and westward thereof, so far as his Majesty's dominion here does or maj' extend, to be managed and transacted only by the freemen, being actual inhabitants within the said city, and within the now walks and stockades thereof, and not elsewhere. And I do hereby, for his said Majesty, his heirs and successors, absolutely forbid and prohibit all and every the inhabitants of the said Province of New York, (the inhabitants of the said city of Albany only excepted,) to trade or traffic with any of the five nations of Indians, called the Senekas, Cayonges, Onondages, Oncydes, and Maqueas, who live to the westward, or with any other Indian or Indians whatsoever, within the county of Albany, or to the eastward, northward, or westward thereof, so far as his said Majesty's dominions here do or may extend or to have or keep in their houses or elsewhere, an}'- Indian goods or merchandize, upon the pain and penalty of the forfeiture and confiscation of all such Indian commodities, whether the same be beavers, peltry, or otlier Indian commodities whatsoever, except Indian corn, venison, and dressed deer skin, to trade for, and upon pain and penalty of the for- feiture and confiscation of all such Indian goods and merchandize, as guns, powder, lead, duffels, rum, and all other Indian goods and mer- chandize, which shall at any time hereafter be found, concealed,' or kept in any house or place without the walls of the said cit}-, and within the said county of Albany, and the other limits and boundaries hereinbefore set forth and prescribed; and in case any person or persons whatsoever shall at any time hereafter, out of the walls of the said city, and within the said county, or the other limits and boundaries hereinbefoi'c set forth and prescribed trade or traffic with any Indian or Indians, for any beavers, peltry, or other Indian commodities, (except as before excepted,) or there shall conceal or keep any Indian goods, wares, or merchandize in any house or place as aforesaid, then it shall and may be lawful for the Mayor, Recorder, or any of the Aldermen for the time being, by warrant, under their or any of their hands, to cause such Indian commodities so traded for, and such goods and merchandise so kept and concealed without the Avails of the said city, wheresoever they shall be found within the said city and county, as without the same within the limits and boundaries before expressed, to be seized, and the same to be condemned and confiscated, in the court of pleas or 24 DoNGAN Charter of the City of Albany. common pleas in the said city, or any other court of record within the said city or Province, one-third part to the Mayor of the city for the time being, one-third part to such person or persons as shall inform or sue for the same, and the other third part to the use of the Mayor, Aldermen and Commonalty of the said city of Albany, and their successors forever. And also, that it shall and may be lawful to and for the Mayor, Recorder and Aldermen of the said city for the time being, by a warrant under their or any of their hands or seals, to cause such person or persons, as shall presume to trade or traffic with the Indians, contrary to the form and effect of these presents, to be apprehended wherever they shall be found, within the limits and boundaries hereinbefore prescribed, to answer the same at the court of pleas and common pleas in the said city, or any other court of record within the said city or Province, where being legally convicted thereof, such person or persons, over and besides the forfeiture and confiscation of such goods, merchandise and commodities as aforesaid, shall be fineable, and fined in such sum or sums of money, (not exceeding twenty iwunxls, current money of this country,) as at the discretion of such court, before whom he or they shall be prosecuted, shall be thought reasonable and convenient; which said fines shall be one-third part to the person who shall inform and prosecute for the same, and the other two-thirds to the use of the Mayor, Aldermen and Commonalty, and their successors forever. License to hunt in the county of Albany. 30. And fuktheh, I do, by these presents, for and on behalf of his said Majesty, his heirs and successors, grant and declare to the said Mayor, Aldermen and Commonalty of Alb.\ny, and their successors, that his Majesty, his heirs and successors, nor any of his or their Governors, Lieutenants, Conunanders-in-Chief or other officers, sliall not or will not from lienceforth forever hereafter, grant unto any person or persons whatsoever, any license or hcenses to hunt within the said county of Albany, or to the eastward, northward or westward, so far as his said Majesty's dominion here doth or may extend, without the con- sent and approbation of tlie Mayor, Aldermen and CommontUty of the said city of Albany, for the time being, by the said person or persons first to be had and oblauied. May purchase lands, etc. 31. And fuktukh, I do, by these presents, for his said Majesty, and his successors, grant to the said Mayor, Alderman and Commonalty of the said city, tliat they and their successors be forever, persons able and capal)le, and shall liave power to purchase, have, take and possess in fee simple, lands, tenements, rents, and other possessions, within or •without tiie same city, to tlicm and their successors forever, so as the DoNGAN Charter of tee City of Albany. 25 same exceed not the yearly value of one thousand pounds per annum, the statute of mortmain, or any other law to tlie contrary notwithstand- ing; and the same lands, tenements, hereditaments and premises, oi any part thereof to demise, grant, lease, set over, assign and dispose at their own will and pleasure, and to make, seal and accomplish any deed or deeds, lease or leases, evidences or writings for or concerning tlie same or any part thereof, which shall happen to be made and granted by the said Mayor, Aldermen and Commonalty of the said cit}^ for the time being. Market days. 32. And further, for and on behalf of his said Majesty, his heirs and successors, I do, by these presents, grant to the said Mayor, Alder- men and Commonalty, that they and their successors sliall and may forever hereafter hold and keep within the said city, in every week in the year, two market days, the one upon Wednesday, and the other upon Saturday, weekly forever. Public ■weigh-house. — Right to lands to extend to low water mark. 33. And also, I do b}' these presents, for and on behalf of his said Majesty, his heirs and successors, grant to the said Mayor, Aldermen and Commonalty of the said city, that they and their successors and assigns shall and may at an}- or all times hereafter, build a public weigh-house in such part of the said city, as to them shall seem convenient; and that they the said Mayor, Aldermen and Com- monalty shall and may receive, perceive, and take to their own proper use and behoof all and singular the issues and profits therefrom or thereby arising or accruing; as also, that the said .Mayor, Aldermen and Commonalty of the said city of Albany, their heirs and successors, shall and may at any time or times hereafter, when it to them shall seem fit and convenient, to take iu, fill and make up, and lay out all and singular the grounds and lands within limits and precincts of the said city, and the same to build upon and make use of in other manner or way as to them shall seem fit, as far into the river that passeth by the same as low water mark as aforesaid. City Court. 34. And further, for and on behalf of his said Majesty, his heirs and successors, I do, by these presents, give and grant unto the afore- said Mayor, Aldermen and Commonalty of the said city of Albany, and their successors, that they and their succes.sors shall and may have, hold and keep within the said city, liberties and precincts thereof, once every fortnight in every year forever, upon Tuesday, one court of common pleas for all actions of debt, trespass upon tlie case, detinue. 26 DoNGAN Charter of the City of Albany. ejectment, aud other personal actions, and the same to be held, before the Mayor, Recorder andjAldermen, or any three of them, (whereof the Maj-or or Recorder tc be one,) who shall have power to hear and determine the same pleas and actions, according to the rules of the common law, acts of the General Assembly of the said Province, and the course of other corporations in the like nature. Mayor to determine certain actions. 35. Akd fukther, for and on the behalf of his said Majesty, his heirs and successors, I do, by these presents, give and grant to the said Mayor, Aldermen and Commonalty of the said city of Albany, their successors forever, that the Mayor of the said city for the time being, shall and may determine all 'and all manner of actions, or causes what- soever, to be had, moved or depending between party and party, so always as the same exceed not the value of forty shillings, current money of this Province. Mayor, etc., to sit in courts. 36. And fukthek, for and on behalf of his said Majesty, his heirs and successors, I do grant to the said Mayor, Aldermen and Common- alty of the said city, and their successors forever, that the Mayor, Recorder and Aldermen of the said city shall always be, so long as they shall continue in their respective oflBces, Justices of the peace for the said county, aud as such shall and may sit in the courts of sessions, or county courts, and courts of oj er and terminer, that shall from time to time be held and kept witliin the said county; and that the Mayor, Recorder, or some one of the Aldermen of the said city for the time being, shall and may always preside in or be president of such county courts, or courts of sessions, to be held within tlie said county as afore- said, and that the SherifE of the said city for the time being, shall always he SherifE of the said county; also that the Town Clerk of the .said city for the time being, shall always be the clerk of the peace, and Clerk of the court of Sessions, or county courts for the said county. Former grants secured. — Proviso. 37. And FUiiTirEii, 1 do, for and on behalf of his said Majesty, liis heirs and successors, by these presents grant to the said Mayor, Alder- men and Commonalty of the said city of Albany, and their successors, that the said Mayor, Aldermen and Commonalty of the said city, and their successors, shall have and enjoy all the privileges, franchises, and power tliat they liave and use, or tliat any of their predeces.sors, at any time within the space of twenty years last past, had, took, or enjoyed, or ought to have had, by reason, or under pretense of any further charter, grant, prescription, or any otiicr right, custom or usage, although the same have been forfeit or lost, or liath been ill used, or not used, DoNGAN Charter of the City of Albany. 27 or al)use(l, or discontinued, albeit they be not particularly therein, under any pretense whatsoever, not only for their future, but the present enjoyment thereof; I'rovided always, That the said privileges, franchises and powers be not inconsistent with, or repugnant to, the laws of his Majesty's kingdom of EnfjlanrJ or other the laws of the General Assembly as aforesaid, and saving to his heirs, successors and assigns, and his Commander-in-Chief, Lieutenants, Governors and other officers under him or them in his Fort Albany, in or by the city of Ai-bany, and in all the liberties, boundaries, extent and privileges thereof, for the maintenance of the said fort and garrison there, all the right, use, title, and authority, wliicli his said Majesty, or any of his said Com- manders-in-Cliief, Lieutenants and other officers have had, used or exer- cised here (excepting the said pasture hereinbefore granted, or mentioned to be granted, to the said Mayor, Aldermen and Commonalty of the city of Albany aforesaid,) and saving to all other persons, bodies politic and corporate, their heirs, successors and assigns, all such rights, title and claims, possession, rents, services, commons, emoluments and interests, of, in and to anything that is theirs, save only the franchises as aforesaid, in as ample manner as if this charter liad not been made. Certain lands not to be wasted. 38. Akd fckther, I do appoint and declare, that the incorporation to be founded by this charter shall not at any time hereafter do or suffer to be done, any tiling by which the lands, tenements or hereditaments, stock, goods or chattels thereof, or in the hands, custody or possession of any of the citizens of the said city, such as have been set, let. given, granted, or collected, to and for pious and charitable uses, shall be wasted or misemployed, contrary to the trust or intent of the founder or giver thereof. And that such and no other construction shall be made hereof, than that which may tend most to advance religion, justice, and the public good, and to suppress all acts and contrivances to be invented or put in use contrary thereto. In icitness whereof, I have to he.se presents set my hand, and thereto have affixed the seal of the said Province, and caused the same to be enrolled in the Secretary's office of the said Province, this two and twentieth day of Jt'li^, in the second year of his said Majesty's reign, and in the year of our Lord one thou- sand six hundred and eighty-.six. THOMAS DONGAiSr. THE CHARTER OF THE CITY OF ALBANY. Chapter 29S, Laws of 1883. An Act to provide for the Governmeut of the " City of Albany." Passed April 23, 1883, three-fifths being present. TITLE I. , Title and General Powers op Corporation. Title. Section 1. The corporation now existing and known by the name of the " City of Albany " shall continne to be a body politic and corporate, in fact and in name, by that name, and shall have perpetual succession, with all the grants, powers and privileges heretofore had by the said " The City of Albany " and " The Mayor, Aldermen and Commonalty of the City of Albany," and be subject to all the restrictions and conditions and possess all the powers of municipal 'Corporations under and by virtue of the gen- eral statutes of this State. Property rights. § 2. The coiTDoration of the city of Albany shall continue to own, hold and possess all the property, rights, privileges and franchises now owned, held and possessed by the coi-poration heretofore known as the City of Albany, and the mayor, alder- men and commonalty of the city of Albany. Ferries. § 3. The right of ferry granted by the charter of the said city to the mayor, aldermen and commonalty thereof, shall be so construed as to vest in the said city of Albany the sole and exclu- sive right of establishing, licensing and regulating all ferries on eac-h side of the Hudson river leading from Greenbush opposite the east bounds of the original four wards of the said city to the said city, and from the four said original wards of the said city to Greenbush. 30 Charter of the Cnr of Albany. TITLE II. Boundaries of City and Wards. Boundaries of city. Section 1. The boundary lines of the city of Albany shall be as follows: BegiuuiDg at the northwesterly corner of the east abutment of the Albany and Susquehanna railroad bridge over the Albany and Bethlehem tui-npike, and running thence north fifty-one degrees forty-six minutes west true, through a white marble monument about twelve hundred feet west of the above- mentioned abutment, and continuing north fifty-one degrees forty- six minutes west true, to a white marble monument on the west line of Delaware avenue; thence northerly along the west line of Delaware avenvie, for a distance of seven hundred and nine and forty-five-hundredths feet, to a stone monument; thence continu- ing along the west line of Delaware avenue for a distance of six hundred and fifty feet to a white marble monument; thence north thirty-eight degrees fourteen minutes east true, for a distance of fi.fteen hundred and forty-one and eighty-three-hundredths feet, to a white mai'ble monument; thence north fifty-one degrees forty- six minutes west true, for a distance of about seventy-three hun- dred and ninety feet, to a white marble monument; thence north thirty-eight degrees fourteen minutes east true, for a distance of twenty-nine hundred and seventyi feet, and passing through a white marble monument on the south side of the Albany, Scho- harie and Rensselaerville plank-road, to a white marble monu- ment, said last-mentioned monument being one hundred and thirty-two feet west of the west line of Allen street; thence north fifty-one degrees forty-six minutes west true, to the intersection with the north line of Western avenue; thence north thirty-eight degrees fourteen minutes east true, for a distance of about fifty- eight hundred and sixty feet, to the old north city line; thence south fifty-one degrees forty-six minutes east true, through an old sandstone monument marked "Albany, 1800 S. D," and con- tinuing on the same course for a distance of about one hundred and fifteen feet easterly from said monument, to a point which is three-quarters of a mile west of the west line of Allen street; thence north thirty-eight degrees fourteen minutes east true, for a distance of about eight hundred and seventy-six feet, to a white marble monument; thence continuing on the same course to a point about twenty-two hundred and fifty feet north of the old former north line of the city; thence south fifty-one degrees forty-six Boundaries of City and Wards^ 31 minutes east true, to a point on the centre line of Watervliet avenue, wbicli point is two tliousand feet north of tlie north line of Centi-al avenue; thence north thirty-eight degrees fourteen minutes east true, for a distance of four hundred feet; thence south fifty-one degrees forty-six minutes east true, for a distance of fourteen hundred and fifty feet; thence south thirty-eight degrees fourteen minutes west, for a distance of four hundred feet; thence south fifty-one degrees forty-six minutes east true, to a point on the east line of New York Central avenue, produced northerly, which point is about twenty-three hundred feet north of the south line of Clinton avenue; thence continuing easterly to a point about on the east line of Ontario street, produced northerly, which point is thirty-two hundred and seventy feet north of the south line of Clinton avenue; thence north thirty-eight degrees fourteen min- utes east true, passing through a white marble monument, and continuing on the same course to a point which is sixty-six hun- dred and fifty feet north of the south line of Clinton avenue; thence south fifty-one degrees forty-six minutes east true, through a white marble monument, and continuing on the same course for a distance of about six hundred and ninety-seven feet to a white marble monument; thence northerly and parallel with Broadway for a distance of sixteen hundred feet to a white mar- ble monument; thenco easterly on a line about at right angles with Broadway through a monument on the west line of Broad- Avay and continuing easterly on the same course to the center of the main channel of the Hudson river; thence southerly and con- tinuing through the center of the main channel of the Hudson river to a point which, measuring at right angles with Quay street, is opposite the face of the dock on the south side of the island creek; thence westerly, along the face of said dock and southerly along the east low-water line of the Island creek, to a point about two thousand three hundred feet from the north- westerly ■corner of the east abutments of the Albany and Sus- quehanna railroad bridge over the Albany and Bethlehem turnpike, measured on a course south fifty-one degrees, forty-six minutes east true, from the said corner of said abutment; thence north fifty-one degrees, forty-six minutes west true, for a distance of about two thousand three hundred feet, to the said comer of said abutment, the place of beginning. All territory not comprised within the limits of the city of Albany as herein described shall be regarded as being within the limits of the adjacent townships. The said city of Albany as above described shall hereafter be divided into nineteen wards as follows: 32 Charter of the City of Albany. The First Ward lo be compreli ended within the following limits, namely: Beginning at the intersection of the center line of Gansevoort street prolonged to the east, with the east bounds of the city; running thence westerly along the centre of Ganse- voort street and its easterly prolongation, to the center of Soutlh Pearl street; thence northerly along the center of South Pearl street to the center of Fourth avenue; thence westerly along the center of Fourth avenue to the center of Elizabeth street; thence southerly along the center of Elizabeth street to the center of Thii'd avenue: thence westerly along the center of Tliird avenue to the center of Hawk street; thence northerly along the center of Hawk street to the center of Morton street; thence westerly along the center of Morton street to the center of Delaware ave- nue; thence southerly along the center of Delaware avenue to the southernmost boundarj line of the city; thence running on the last-named line easterly to the east low- water line of the Island creek; thence nonherly and easterly along said low-water line, and along the face of the dock on the south side of the Island creek, to the Hudson river; thence at right angles with Quay street, to the east line of the city; thence northerly along said city line to the place of Tjeginning. The Second Ward, within the following limits, namely: Begin- ning at the intersection of the center line of South Pearl street and Fourth avenue; tlience running westerly along the center of Fourth avenue to the center of Elizabeth street; thence southerly along the center of Elizabeth street to the center of Third avenue; thence westerly along the center of Third avenue to its intersection with the southei'ty prolongation of the center line of Eagle street; thence northerly along the center line of Eagle street and its southerly prolongation to the center of Warren street; thence easterly along the center of Warren street to the center of Grand street; thence northerly along the center of Grand street to the center of Arch street; thence easterly along the •center of Arch street to the center of South Pearl street; thence southerly along the center of South Pearl street to the center of Fourth avenue, the place of beginning. The Third Ward within the following limits, namely: Begin- ning at the intersection of the center line of Gansevooi't street prolonged to the east with the east line of the city; thence run- ning westerly along the center of Gansevoort street to the center of South Pearl street; thence northerly along the center of South Pearl street to the center of South Ferry street; thence easterly Boundaries of City and Wards. 33 along the center of South Ferry street to the center of Franklin street; thence northerly along the center of Franklin street to the center of Westerlo street; thence easterly along the center of Westerlo street to the center of Church street; thence southerly along the center of Church street to the •center of John street; thence easterly along the center of John street to the east bounds of the city; thence southerly along the east bounds of the city to its intersection with the easterly prolongation of the center line of Gansevoort street, the place of beginning. The Fourth Ward, within the following limits, namely: Begin- ning at the intei-section of the easterly prolongation of the center line of John street with the east bounds' of the city; thence run- ning westerly along the center of John street and its easterly prolongation, to the center of Church street; thence northerly along the center of Church street to the center of Westerlo street; thence westerly along the center of Westerlo street to the center of Franklin street; thence southerly along the center of Franklin street to the center of South Ferry street; thence westerly along the center of South Ferry street to the center of South Pearl street; thence northerly along the center of South Pearl street to the center of Hudson avenue; thence easterly along the center ' of Hudson avenue, and through! a point four hundred feet north of the south end of the pier, to the east bounds of the city; thence southerly along the east bounds of the city to its intersection with the easterly prolongation of the center line of John street, the place of beginning. The Fifth Ward, within the following limits, namely: Begin- ning at the intersection of the center line of Arch street with the center line of South Pearl street; thence running westerly along the center of Arch street to the center of Grand street; thence southerly along the center of Grand street to the center of War- ren street; thence westerly along the center of Warren street to the center of Eagle street; thence northerly along the center of Eagle street to the center of Beaver street; thence easterly along the center of Beavfr street to the center of South Pearl street; thence southerly along the center of South Pearl street to the cen- ter of Arch street, the place of beginning. The Sixth Ward, within the following limits, namely: Begin- ning at a point on the east line of the city, and opposite a point four hundred feet north of the south end of the pier; thence run- ning westerly through said point four hundred feet north of the south end of the pier and along the center of Hudson avenue to 3 34 Charter of the City of Albany. the center of South Pearl street; tlience northerly along the cen- ter of Soutli Pearl street to the center of Beaver street; thence westerly along the center of Beaver street to the center of Eagle street; thence northerly along the center of Eagle street to the center of Canal street: thence easterly along the center of Canal street to the center of Chapel street; thence northerly along the center of Chapel street to the center of Clinton avenue; thence westerly along the center of Clinton avenue to the center of Ten Broeck street; tlience northerly along the center of Ten Broeck street to the center of Livingston avenue; thence easterly along the center of Livingston avenue and its easterly prolongation to the east bounds of the city; thence southerly along the east bounds of the city to a point opposite a point four hundred feet north of the south end of the pier, the place of beginning. The Seventh Ward, within the following limits, namely: Begin- ning at the intersection of the center line of Clinton avenue with the center line of Ten Broeck street; thence running westerly along the center of Clinton avenue to the center of Knox street; thence northerly along the center of Knox street to the" center of Third street; thence easterly along the center of Third street to the cen- ter of North Swan street; thence northerly along the center of North Swan street to the center of Livingston avenue; thence easterly along the center of Livingston avenue to the center of Ten Broeck street; thence southerly along the ■center of Ten Broeck street to the center of Clinton avenue, the place of beginning. The Eighth Ward, within the following limits, namely: Begin- ning at the intersection of the center line of Livingston avenue with the center line of Broadway; thence running westerly along the center of Livingston avenue to the center of North Swan street; thence southerly along the center of North Swan street to the center of Third street; thence westerly along the center of Third street to the center of Knox street; thence northerly along the center of Knox street and the northerly prolongation thereof to the center of Patroon's creek; thence easterly along the center of Patroon's creek to the center of Broadway; thence southerly along the center of Broadway to the center of Livingston avenue, the place of beginning. The Ninth Ward, within the following limits, namely: Begin- ning at a point in the east bounds of the city, at the intersection with the easterly prolongntion of the center line of Livingston avenue; thence westerly along the center line of Livingston ave- nue and its easterly prolongation to the center of Broadway; Boundaries of City and Wards. 35 theuce northerly aloug the center of Broadway to the center of Patroon's creek; thence westerly aloug the center of Patroon's creek and Tivoli lake to a point opposite the angle of intersection of the boundary lines of the city from the west and north; thence northerly and easterly along the said boundary line of the city to the east bounds of the city; thence southerly along the east bounds of the city to the intersection with the easterly pi-o- longation of the center line of Livingston avenue, the place of beginning. The Tenth Ward, within the following lirQits, namely: Begin- ning at the intersection of the center line of Clinton avenue with the center line of Lexington avenue; thence running southerly along the center line of Lexington avenue to the center of Wash- ington avenue; thence easterly along the center of Washington avenue to the center of Lexington avenue to the south; thence southerly along the center of Lexingtoq avenue to the center of State street; thence westerly along the center of State street to the center of Western avenue; thence westerly along the center of Western avenue to the center of Perry street; thence northerly along the center of Perry street to the center of Clinton avenue; tlience easterly along the center of Clinton avenue to the center of Lexington avenue, the place of beginning. The Eleventh Ward, within the following limits, namely: Begin- ning at the inter:?ection of the center line of Knox street with the center line of Clinton avenue; thence running westerly along the center of Clinton avenue to the center of Quail street; thence northerly along the center of Quail street and Quail street pro- longed to the center of Patroon's creek; thence easterly along the center of Patroon's creek and Tivoli lake to a point in the center of Knox street prolonged to the north; thence southerly along the center of Knox street and its northerly prolongation to the center of Clinton avenue, the place of beginning. The Twelfth Ward, within the following limits, namely: Begin- ning at the int^rsection of the center line of Chapel street with the center line of Canal street; thence running westerly along the center of Canal street to the center of Eagle street; thence southerly along the center of Eagle street to the center of Spruce street; thence westerly along the center of Spruce street to the center of Knox street; thence southerly along the center of of Knox street to the center of Elk street; thence westerly along the center of Elk street to the center of Lexington avenue; thence northerly along the center of Lexington avenue to the center of 36 Charter of the City of Albany. Clinton avenue; tlience easterly along the center of Clinton avenue to the center of Chapel street; thence southerly along the center of Chapel street to the center of Canal street, the place of beginning. The Thirteenth Ward, within the following limits, namely: Beginning at the intersection of the center line of Eagle street with the centei- line of State street and running thence westerly along the center of State street to the center of Lexington ave- nue; thence northerly along the center of Lexington avenue to the center of Washington avenue; thence westerly along the center of Washington avenue to the center of Lexington avenue to the north; thence northerly along thei center of Lexington avenue to the center of r:ik street; thence easterly along the center of Elk street to the center of Knox street; thence northerly along the center of Knox street to the center of Spruce street; thence easterly along the center of SpruceJ street to the center of Eagle street; thence southerly along the center of Eagle street to the center of State street, the place of beginning. The Fourteenth Ward, within the following limits, namely: Beginning at the intersection of the center line of Eagle street with the center line of Madison avenue; thence running westerly along the center of Madison avenue to the center of Dove street; thence northerly along the center of Dove street to the center of State street: thence easterly along the center of State street to the center of Eagle street; thence southerly along the center of Eagle street to the center of Madison avenue, the place of beginning. The Fifteenth Ward, within the following limits, namely: Beginning at the intersection of the center line of Eagle street prolonged southerly, with the center of Third avenue; thence westerly along the center of Third avenue to the center of Hawk street; thence northerly along the center of Hawk street to the center of Morton street; thence westerly along the center of Morton street to the center of Delaware avenue; thence northerly along the center of Delaware avenue to the center of Park avenue; thence easterly along the center of Park avenue to the center of Dove street; thence northerly along the center of Dove street to the center of Madison avenue; thence easterly along the center of Madison avenue to the center of Eagle street; thence southerly along the center of Eagle street and its southerly pro- longation to the center of Third avenue, the plnce of beginning. Boundaries of City and Wards. 37 The Sixteenth AVard, within the following limits, namely: Beginning at the intersection of the center line of Delaware ave- nue with the center line of Morton street; thence running southerly along the center of Delaware avenue to its intersection with the present sotitherumost boundary line of the city; thence northerly and westerly along the boundary line of the city to the center of Lake avenue prolonged southerly; thence northerly along the cen- ter of Lake avenue prolonged and Lake avenue to the center of Western avenue; thence easterly along the center of Western ave- nue to the center of State street; thence easterly along the center of State street to the center of Dove street; thence southerly along the center of Dove street to the center of Park avenue; thence westerly along the center of Park avenue to the center of Dela- ware avenue; thence southerly along the center of Delaware ave- nue to the center of Morton street, the place of beginning. The Seventeenth Ward, within the following limits, namely: Beginning at the intersection of the center line of Quail street with the center line of Clinton avenue; thence rtinning northerly along the center lir;. of Quail street and Quail street prolonged to the center of Patroon's creek; thence westerly along the center of Patroon's creek, to a point opposite the angle of intersection of the boundary lines of the city from the west and north; thence northerly to said angle; thence westerly and southerly along the boundaiy line of the city to the center of Clinton avenue pro- longed westerly; thence easterly along the center of Clinton ave- I'.ue and the westerly prolongation thereof to the center of Quail street, the place of beginning. The Eighteenth Ward within the following limits, namely: Beginning at the intersection of the center line of Western avenue with the center line of Lake avenue; thence running southerly along the center of Lake avenue and Lake avenue prolonged to the city line; thence westerly and northerly along the boundary line of the city to the center of Western avenue; thence along the center of Western avenue to the center of Lake avenue, the place of beginning. The Nineteenth Ward witliin the following limits, namely: Beginning at the intersection of the center line of Perry street with the center line of Western avenue; thence running westerly along the center of Western avenue to the westernmost boundary of the city; thence northerly and easterly along the boundary line of the city, and easterly along the center line of Clinton avenue and the westerly prolongation thereof to the center of Perry street; 3585 1 .-i 38 Charter of the City of Albany. thence southerly along the center of Perry street to the center of Western avenue, the place of beginning. (As amended by chapter 863, Laws of 1895.) TITLE III. The Legislative Power. Legislative Power. Section 1. The legislative power of the said corporation shall be vested in a board of aldermen, who shall form the ■common council of the city of Albany. Aldermen. — Eligibility to OflB.ce. § 2. The board of aldermen shall consist of nineteen members, one alderman to be elected from each of the nineteen wards and for a citizen to be eligible for election to the office of alderman, he shall, at the time of his election, be an elector of said city, and shall have been a citizen of the United States and a resident of the city for at least three years, and a resident of the ward for at least one year immediately previous thereto. (As amended by chapter 286, Laws of 1891, sec. 1; chapter 171, Laws of 1892, sec. 1, and by chapter 863, Laws of 1895, sec. 2.) Election of Aldermen. § 3. There shall be chosen by the electors of the charter election to be held on the first Tuesday next succeeding the first Monday of November, eighteen hundred and ninety-five, and at the charter election to be held on the same day in every second year thereafter one alderman for each of the nineteen wards to hold office for two fears. Those aldermen who were elected at the charter election held on the second Tuesday of April, eighteen hundred and ninety-four, shall hold their office until January first, eighteen hundred and ninety-six. (As amended by chapter 863, Laws of 1895, sec. 3.) Dfi&cial term. § 4. The aldermen hereafter elected shall enter upon the duties of their respective offices on the first day of January next suc- ceeding their election, and shall hold their offices as herein- before i)rescribed. (As amended by chapter 806, Laws of 1895, sec. 1.) The Legislative Power. 39 Continuance in office.— Resignations.— Vacancies.— Special elec- tion to fill same. § 5. The members of the Common Council shall, unless removed for cause, hold office until their places are supplied by the election of new members, who shall have qualified in the manner provided for by this act. They may resign their respective offices at any time by filing written notice of such resignation with the Clerls of the Common Council, who shall publish a copy of such notice in the official papers of the said city. All vacancies which may occur in said Common Council by reason of death, removal, or resignation of a member or otherwise, shall be filled for the unexpired term by the election of the said Common Council, to be determined by a majority of all the members elected thereto, but the person so elected shall hold office only for the remainder of the unexpired term. In case a majority or any greater number of aldermen shall resign so as to leave less than a quorum of aldermen in office, the Mayor shall then call a special election to supply the vacancy arising in each ward on account of such resignation. The election thus called shall be held on the same day in all of the wards where the vacancies shall exist, and the election shall occur within four weeks after such vacancies exist, and upon notice published in the official papers for ten days. (As amended by chapter 28G, Laws of 1891, sec. 2.) Quorum. § G. A majority of the aldermen elected shall constitute a quo- rum, but a smaller number may adjourn from time to time, and compel the attendance of absent members. President of Council.— Clerk of Council.— Assistant Clerk.— Meetings of Council.— Powers of Council.— To meet at call of Mayor. § 7. The Common Council shall biennially elect a President from its own body, and in his absence a President for the time being, and biennially appoint its Clerk, who shall receive a salary of two thousand five hundred dollars per annum, payable monthly, and who shall perform such duties as may be prescribed for him. The Clerk so appointed shall also be the City Clerk, and hold his office for two years, unless removed for cause by the Common Council. The City Clerk shall have charge of all the papers and documents of the city, except as in this act otherwise provided. 40 Charter of the City of Albany. and except as are by law committed to the keeping and custody of other officers of the city government. The Clerli of the Common Council may appoint an assistant who shall hold office during the pleasure of the Clerk of the Common Council, and receive a salary of one thousand dollars per annum, payable monthly. The Com- mon Council shall hold a regular meeting on the first Tuesday of January in each year, at twelve o'clock noon, for the transaction of general business, and the receipt of the mayor's annual mes- sage, and thereafter its regular meeting shall be held on the first and third Mondays of each month, and it may hold special meet- ings at such other times as it may choose, at the Common Council Chamber. When the day of meeting falls on a legal holiday, then said meeting shall be held on the Thursday following. It shall determine the rules of its own proceedings, except as herein otherwise provided; be sole judge of the qualifications and elec- tion of its members; keep a journal of its proceedings, and may punish or expel a member for disorderly conduct or a violation of its rules, or declare his seat vacated by reason of absence, pro- vided such absence be continued for the space of two months. But no expulsion shall take place except by the vote of two- thirds of all members elected, nor until the delinquent member shall have an opportunity to be heard in his defense. Said Com- mon Council shall also meet at the call of the Mayor, whenever he shall deem it expedient for the transaction of public business. (As amended by chapter 444, Laws of 1886; by chapter 286, Laws of 1891, sec. 3; and by chapter 806, Laws of 1895, sec. 2.) Committees, when to report. § 8. All comuilttees of said Common Council, to whom has been referred any matter relating to the city, shall report their action on the same at the next regular meeting following, but it shall be imlawful for any committee to repoi't any action taken or decision made by it on the day on which such action is taken or decision made. The Clerk of tlie Common Council shall be the clerk of all committees, and shall have the custody of all papers intrusted to them. When laws, etc., to take effect. — Proceedings in case of veto. § 9. Every law, ordinance or resolution of the Common Council shall, before it takes effect and within five days after its passage, be sent to and left at the Mayor's office, duly certified by the Clerk of the Common Council, of the time of which act on his The Legislative Power. 41 part the Clerk shall make a record in a book to be kept by him for that purpose, and such Clerk shall be guilty of a misdemeanor in case he willfully ueglects for a longer period than during such five days to deliver any such law, ordinance or resolution at the Mayor's office. If the :Mayor approve of such law, ordinance or resolution he shall sign it; in which case it shall take efCect as here- inafter provided. If the Mayor does not approve thereof, he shall return it with his objections, and file it, together with such objections, with the Clerk of the Common Council within ten days after it was delivered at his office. The said Clerk shall at the time fixed for the next regular meeting, and in the room where such meetings are authorized to be held, if there be a meeting of the Common Council at such time, read aloud said veto or objec- tions, and enter the same at length upon the journal of the board; and if there be no such meeting, then the clerk shall at such time and place announce the fact of such veto and enter the same upon the journal of the board, and within three days after said objections are so entered, or such announcement made, shall cause such objections or veto to be published one time in the corporation newspapers. Unless two-thirds of all the members elected to the common council shall at the time designated for the first regular meeting after its publication (at which a meeting shall be held) vote to pass said law, ordinance or resolution notwithstanding the objections of the Mayor, it shall not take effect. If said two-thirds shall so vote therefor it shall take effect as if signed by the Mayor. In every case the vote shall be taken by ayes and noes and be enterd on the journal. And if any law, ordinance or resolu- tion shall not be returned by the Mayor within ten days after it has been delivered at his office as hereinbefore provided for, it shall become a law and take effect in like manner as if he had signed it; provided, however, that if the Mayor or Clerk of the Common Council shall within such ten days certify in wrtiting to that board, that owing to the sickness or absence from the city of the Mayor he has been unable duly to consider such law. ordinance or resolution, then the time within which such law, ordinance or resolution may be vetoed by the Mayor shall be extended for ten days more. When laws, etc., to take effect. — Publication thereof. § 10. All laws, ordinances and resolutions shall take effect upon their being signed by the Mayor. Every law, ordinance and reso- lution which shall take effect shall be published once within five days after it takes effect, in the corporation newspapers. 42 Charter of tee City of Albany. Mayor may object to or reduce any item in tax budget. § 11. The Mayor may object to one or more and to each of the items of the annual budget to be prepared as hereinafter provided for, or may reduce the amount thereof, while approving of the other portions of the budget. In such case he shall append to the resolution of the Common Council, at the time of his signing it, a statement of the items to which he objects, or whichj he reduces in amount, and any item so objected to shall not take effect, or if reduced, it shall take effect only to the amount to which it is reduced, unless approved by a four-fifths vote of the Common Council as hereinafter provided. The Mayor shall transmit to the Common Council a copy of such statement, and each item objected to or reduced shall be separately considered. If, on such considera- tion, one or more of such items be approved by four-fifths of all the members elected to such Common Council, the same shall be part of the annual budget, notwithstanding the objections of the Mayor. This section shall apply to the appropriation for each of the city boards and commissions, and for all other purposes. (As amended by chapter 28G, Laws of 1891, sec. 4.) Common Council may appoint additional o£ELcers. § 12. The Common Council shall have power to appoint such officers in addition to those created by this act as it shall deem proper. It shall prescribe the powers and duties of said ofiicers and regulate their salaries; but no new oflice shall be created or officer appointed unless the expense thereof has been speciflcaly provided for in the tax budget preceding such creation. Official term. § 13. All officers shall continue in office until their successors have been dulj' appointed and qualified, and nothing in this act shall affect the term of office of any existing officer, unless other- wise specially provided in this act. Common Council to be commissioners of h.ig'hways. § 14. The Common Council are hereby constituted and made commissioners of highways in and for said city, and shall have power to make, continue, modify and repeal such laws, ordinances, regulations and resolutions as maj'^ be necessary to carry into effect any and all of the powers now vested in, or by this act conferred upon, the coiiioration, and shall have power to enforce obedience thereto and observance thereof, by ordaining penalties The Legislative Power. 43 for each and every violation tliereof, in such sums as it may deem expedient, not exceeding one hundred dollars; and shall have power to make such ordinances and' prescribe such penalties for their violation in the matters and for the purposes following, in addition to other powers elsewhere specially granted, viz.: To regulate use of streets. 1. To regulate the Use of the streets, highways, roads and public places by foot-passengers, vehicles, railways and locomotives, and by such permissive, restrictive or prohibitory ordinances as it deems proper to regulate, restrain or prohibit the use and occupa- tion of markets for the sale of meats, or fish or vegetables. Sidewalks. 2. To regulate the use of side-walks, building-fronts and house- fronts within the stoop lines. Obstructions. 3. To prevent and remove encroachments upon and obstructions to the streets, highways, roads and public places. But the Com- mon Council shall have no power to authorize the placing or (outiuuing of any encroachments or obstructions iipon any street or sidewalk, except the temporary occupation thereof during the erection or repair of a building on a lot opposite the same. Opening of streets to tap gas main, etc. 4. To regulate tlie opening of street surfaces, the laying of gas or water mains, the building and repairing of sewers, and the erecting of gas or other lights. Numbering of houses and naming of streets. 5. To regulate the numbering of the houses and lots in the streets and avenues, and the naming of the streets, avenues, lanes, alleys, courts and public places, provided that the name of any street, avenue, lane, alley, court or public place shall not be changed except by the unanimous vote of all the members elected to the Common Council, approved by the Mayor; and no street, avenue, lane, alley, court or public place shall be named after or with the name of any living person, and neither the whole nor any part of any street, avenue, lane, square or alley shall be named or designated as a place. Nor shall any house or lot be renumbered, nor the name of any street, avenue or place be changed, excepting between the first days of January and May. 44 Charter of the City of Albany. Ashes, etc. G. To regulate or prevent the throwing or depositing of ashes, offal, dirt or garbage in the streets, drains, sewers and vaults. Animals running- at large. 7. To n'gulale or prevent animals running at large, or being ridden, or drivmi or led tlirongli the city. Sidewalks, etc. 8. To regulate the eleaning of the streets, side-walks and gutters, and removing ice, hail and snow from them. Signs. 9. To regulate the use of the streets and side-walks for signs, sign-posts, awnings, awning-posts and horse-troughs. 10. To provide for and regulate street pavements, cross-walks, curb-stones, gutter-stones and side-walks. Criers, etc. 11. To regulate public criers, advertising noises and the ring- ing of bells in the streets. Slaughter-houses. 12. To regulate the erection, use and continuance of slaughter- houses. lo. In relation to Ihe cai'e and safe-keeping of city property. 14. In regard to tlu> iclation between all tlie otheers and employes of the ct)rporation in respect to each other, the corpora- tion and the people. 15. To pass general, pt>rniissive. restrictive or prohibitory ordinances. Vagrants. IC). In relation to strtH't bi'ggars, vagrants and mendicants. 17. In relation to the use of guns, pistols, hre-arms, tire-crackers, fireworks and dt>touating articles of all description, within the city. Storage of explosives. 18. In relation to the keoiiing and storage of gunpowder, gun- cotton, oils and otlu'r (laugt>rous materials, and ;ilso to prevent the taking and si)n>ading of lires. 19. In relation to intoxication, lighting and iinarreling in the streets. The Legislative Power. 45 Places of public amusement. 20. In i-elatiou to the regulation of places of public amusement ■wliich shall be licensed by the Mayor under such regulations for the safety of the public attending them as the Common Council may by ordinance determine, and on the report of the Chief of the Fire Department that any such place is unsafe for the public gathering therein, by reason of insufficient means of exit there- from, or other cause, such license, after notice to the owner or lessee, may be revoked by the Mayor, and no new license shall be granted until any defect in the construction or circumstances of such building which thus rendered it unsafe shall be remedied and done away with. Advertisements. 21. In relation to the exhibition of advertisements or hand-bills along the streets. Nuisances. 22. In relation to the public health, and the prevention and removal of nuisances, the regulation and prohibition of inter- ments, the construction, management and occupation of tenement- houses, the business of bone-boiling or bone-grinding, operations or occupations obnoxious to health or comfort, and the removal, keeping and deposit of manure, and also to provide by ordinance in relation to buildings rendered unsafe from fire or other causes, including the right to provide for the immediate pulling down or destruction of such buildings, and the temporary closing or obstructing of the streets rendered dangerous by such buildings. Disorderly houses. 23. In relation to disorderly and gaming-houses, their inmates and frequenters, and suppression of vice and immorality. Vaults, etc. 24. In relation to the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps and sewers. Fences. 25. In relation to partition fences and walls. Pestilence. 26. In relation to emergencies of riot, pestilence or invasion. 46 Charter of the City of Albany. Markets, docks, etc. 27. In relation to the construction, repairs, care and use of the markets, docks, ^Yharves, piers, slips and squares of the city (Washington park and such other city parks as are under the care and control of the Washington park commissioners excepted). Licenses. 28. In relation to the licensing and business of public cartmen, truckmen, hackmen, cabmen, expressmen, ash gatherers, boatmen, pawnbrokers, junk dealers, hawkers, employment bureaus or agencies, peddlers, venders, bootblacks, bill posters, auctioneers, keepers of billiard-rooms, bowling alleys, shooting galleries and common shows, rag dealers, dealers in old clothes, old metals, wastes, brokers and the keeping of dogs. (As amended by chapter 64, Laws of 1S90, sec. 1.) Weights and measures. 29. In relation to the inspection and sealing of weights and measures, and enforcing the keeping and use of proper weights and measures by venders. Election regulations. 30. In relation to the notification, regulation and protection of all elections for city offices. 31. In relation to the alms-house. 32. In relation to peace and good order. Penalties, collection. 33. In relation to the mode and manner of suing for, collecting and disposing of the penalties provided for a violation of all city laws and ordinances, and of all State laws, except where otherwise specially provided. Vehicle licenses. .34. The Common Council shall have power to enact ordinances, licensing and regulating the use of all vehicles in the city of Albany, of whatever name, kind or nature, which are drawn by animal power, in the streets of said city, or of any class or classes of them (excepting the cars on the horse railroads in the city), and in granting such license shall exact and receive not less than one dollar nor more than five dollars for each vehicle. All moneys thus received shall be paid over to the Chamberlain of the city, and be by him credited to the street contingent fund. The Legislative Power. 47 Enforcing legislative powers. 35. And for carrying into effect and enforcing any of the legis- lative powers, privileges and rights at any time hereafter granted and bestowed upon or possessed by the said corporation. Not to affect powers of Board of Health. 36. This act shall not in any manner affect the powers, duties, rules, ordinances or regulations of the Board of Health in Albany, as they exist under any law of the State. Proceedings upon violation of ordinances. 37. Suits may be prosecuted in the -corporate name of the city against any person or persons who shall violate any provisions of any law, ordinance or regulation of the Common Council of said city, or who shall neglect or refuse to perform any act or duty thereby required of him or them; and in every such action it shall be sufficient to state in the complaint, the by-laws, ordi- nance or regulation, and the section thereof, upon which such action is brought; and proceedings for any violation of the ordi- nances of the city imposing a penalty, may be commenced by warrant for the arrest of the offender as well as by summons, to be issued by any magistrate or court having jurisdiction in the case, before whom complaint shall be made under oath, and every Police Justice in said city, and the City Court of Albany, shall have jurisdiction in all such cases. (Added by chapter 286, Laws of 1891, sec. 5.) Election districts. § 15. The Common Council shall have power, by resolution, whenever for any cause it shall be necessary so to do, to change the boundaries of election districts or to establish new election districts, provided that each such district shall be wholly within one ward of the city, and shall contain no more voters than provided by law, but no such resolution shall take effect, if passed, within four months before the date of any general or city election. (As amended by chapter 2S6, Laws of 1891, sec. 6; by chapter 171. Laws of 1892, sec. 2; and by chapter 806, Laws of 1895, sec. 3.) Journal to be printed and distributed. § 16. The journal of the Common CouncU shall be printed under the direction of its Clerk, and be distributed under the direction of its Clerk, by the City Marshal, within eight days after each 48 Charter of the City of Albany. meeting of the Commou Council, to the Mayor of the city and to each member of the Common Council, and to each head of a department. Such printing and the binding of the journal shall be done at a price not exceeeding the ordinary rates paid for such work. Journal of Council; additional copies to be indexed and bound. — Beport, etc., in second volume. — Extra reports. § 17. In addition to the number of copies of such journal that may be required by the Clerk of the Common Council for the dis- tribution herein provided for there shall be printed not exceeding five hundred copies, which shall be kept by said printer or Clerk in some safe place; and immediately after the first day of Janu- ary in each year such copies for the preceding year shall be prop- erly indexed and bound, under the direction of the Clerk of the Common Council, in two separate volumes; one shall contain the minutes of the several meetings of the Common Council, exclusive of the annual message of the Mayor and the annual reports of the several departments, commissions and boards, and of other officers of the city required by law to render a report to the Common Council; and the second volume shall contain such annual message and reports. And such annual message and reports shall not be, nor shall any communication from said departments, commissions or boards be printed or published other- wise, or made public, except as provided in this act. Said second volume shall also contain a list of city officers, committees and other prefatory matter to be prepared by the Clerk, all ordi- nances adopted in pursuance of section fourteen of this title dur- ing the current year, and also all amendments to the charter of the city, and other laws and amendments to laws relating exclu- sively to the city of Albany enacted by the Legislature during such year, and the same shall be distributed under the direction of the Clerk of the Common Council; this provision shall not, however, prevent any such board or commission from obtaining, at an expenditure to be made out of the appropriation made in the annual tax budget for said board or commission respectively, an extra number of the reports of said board or commission respectively, in pamphlet form; but the number of said reports so obtained for each board or commission shall not exceed five hundred. (As amended by chapter 114. Laws of 1889, sec. 1; by chapter 286, Laws of 1891, sec. 7; and by chapter 171, Laws of 1892, sec. 3.) The Legislative Power. 49 Sale of, to taxpayers. § 18. Upon payment of ten dollars to the Chamberlain of the city, any taxpayer may have, for one year, a printed copy of the jom-nal of the Common Council, and the printed minutes of the Board of Contract and Apportionment, and of the printed bills hereinafter mentioned, as they are from time to time dis- tributed (and at the times herein prescribed for their delivery to the members of the Common Council), delivered to him by the City Marshal at some place to be designated by him, and within one-quarter of a mile from the place in which the Common Council holds its meetings, and it shall be the duty of the Clerk of the Common Council and the Clerk of the Board of Contract and Apportionment to furnish the City Marshal with copies for that purpose. Commissioners of deeds. § 19. The Common Council shall appoint on the joint nomina- tion of the Mayor and Corporation Counsel persons to act as Commissioners of Deeds; the number .shall at no time exceed three hundred, and they may discharge the duties thereof at any place within the county of Albany. The Common Council may, by ordinance, provide for the terms of office of the Commissioners of Deeds. The Commissioners of Deeds now in office shall con- tinue to act as such until January tenth, eighteen hundred and eighty-five. Official papers. § 20. At the first meeting of the said Common Council to be held after such Common Council shall be elected, it shall, by ballot, designate three daily newspapers in said city, at least one of which shall be an evening paper, to be the official papers of the city of Albany. Each member of the said Common Council shall be entitled to vote for one of said papers, and the three papers having the highest number of votes shall be termed and designated and be the official papers for two years and until others are designated; such papers shall publish all ordinances and other matters required by law or by the ordinances of the city to be published; and it shall not be lawful for said Common Council, or any city officer, to pay or authorize the payment to any other than the official papers for any advertisement whatso- ever. In case any paper shall refuse to accept, resign or fail to 4 50 Charter of the City of Albany. perform the duties of such employment, the Common Council may appoint another paper in its place. Present papers to be until others are designated. § 21. Should the Common Council at its first meeting fail to designate the official papers as herein required, the then present official papers shall continue as such until others are appointed. Unsafe buildings may be ordered taken down. § 22. Whenever, in the opinion of the Common Council, any building, fence or any erection of any kind, or any part thereof, is liable to fall down and endanger persons or property, it may by resolution order any owner or occupant of the premi.'ies on which such building, fence or erection stands, after notice shall have been given to him in such manner as the Common Council shall direct, to take down the same, or any part thereof, or to repair or strengthen and make safe the same as it may direct and within such time as it may direct; in case the same is unoc- cupied and the owner cannot be ascertained, it may direct a notice to be published in the official papers of said city for such time, not less than two nor more than ten days, as may be proper, requiring its removal or repair Avithiu a time to be specified; and in case the order be not complied with, and said Common Council shall have determined that the same should be taken down, repaired or strengthened, or made safe, the Street Commissioner of said city, or any person or persons duly authorized by him, shall cause the direction of the Common Council to be complied with at the expense of the owner of the premises, and for the purpose of such removal and repair may reasonably and tempo- rarily enter upon any adjoining premises and use the same in doing the work necessary and required in the taking down or repairing aforesaid, and the Board of Contract and Apportion- ment shall assess and apportion such expense on the land on which such building, fence or erection stood, in the manner here- inafter provided for in assessing and apportioning the expense of repairs to streets and pavements, and any damage sustained by reason of the entry on such adjoining premises for the pur- pose aforesaid shall be ascertained, fixed and determined by said Board of Contract and Apportionment, and be a charge against and assessed upon the land upon which such fence, build- ing or erection stood, and be assessed and apportioned in the manner hereinafter specified. The Legislative Power. 51 Street Commissioner to report unsafe buildings. § 23. It shall be the duty of the Street Commissioner to report to the Common Council at once whenever any building, fence or any erection of any kind shall be liable to fall and endanger per- sons or property, and to give notice to the owner in such manner as the Common Council may direct, that action will be taken by the Common Council in respect thereto. Laying out, etc., of streets. <: 24. The Common Council shall possess the power of directing and regulating the laying out, opening, extending, straightening, widening or altering any street, road, avenue, lane, alley, court, jiark, square, wharf or slip in said city, except where jurisdiction in and over the premises Is given by law to the Wasliington I'ark Commissioners. Street improvements, Council may order. — Sprinkling. — Repair- ing sewers. — Fencing vacant lots. — Street cleaning. — Assess- ment of expense. — Grades to be fixed and sewers laid before pavement of streets. — Sand foundations. — Public sewers by contract. § 25. It shall be lawful for the said Common Council to order and direct the reducing, excavating, tilling, leveling, pitching, grading, planking, paving, repavlng, macadamizing, or covering with stone, wood, gravel, sand or other material, any of the streets, sidewalks, wharves, docks, or roads, avenues, open coiu'ts, squares, places, alleys or lanes in said city, or the altering, repav- ing, repairing or regrading of the same, and to order the whole or any part of any street or avenue in said city to be sprinkled with water for such time as they shall deem proper, and to order and direct the making, repairing or cleansing of common sewers. vaults or drains in any street, road, avenue, place, open court, alley, lane or lot. or any private drain leading from any house or lot. and the making or repairing any bridge or bridges, arch or arches over any stream or run of water in said city, and the excavating, filling, reducing, leveling or fencing in any vacant lot or lots in said city, and to order the digging, making and fill- ing in of wells and pumps in any public street or road in said city, and the cleansing of sidewalks, gutters and streets in front of all lots in said city from snow and from all dirt, filth and other obstructions or Incumbrances, so as to permit citzens to use the sidewalks and streets in an easy and convenient manner; 52 Chaster of the City of Albany. and the same shall be completed under the direction of the said city, within such time as to them shall seem proper, and for any of the improvements or work ordered as aforesaid, it shall be the duty of the Board of Contract and Apportionment to estimate, apportion and assess the same and the expense thereof as pro- vided in this act; but no street or avenue shall be paved, nor shall any sidewalk be paved until the level thereof shall be fixed by law, and the same shall be graded in ac-cordance with said level, nor shall any street be paved until a sewer shall have been laid therein, either under the carriageway or sidewalk; such sewer to be composed and constructed of bricks laid in cement or earthen pipe with ■cement joints (whenever in the opinion of the Common Council an earthenware-pipe sewer is sufficient and proper for the locality), with suitable man-holes or lamp-holes and covers, having also, where the sewer is under the carriageway, earthen-pipe side house drain connections, laid with cemented joints, on each side of said sewer, at such distances as may, in the opinion of the Board of Contract and Apportionment, afford drainage to all houses and vacant lots, and said earthen pipe side sewers shall be at least six inches in diameter and constructed and carried up to the curb lines and one foot inside of the same, provided that such lateral house drains shall not be laid at the time of the con- struction of the sewer, except where the streets have been graded, and unless the Board of Contract and Apportionment shall approve of such construction. And no pavement of any carriageway or curbstone where the same is to be laid on a sand foundation, shall be laid or set unless there is at least one foot of clean, course sand thereunder, and no public sewer affording drainage for more than one house or vacant lot shall be laid otherwise than by virtue of a contract awarded by the Board of Contract and Apportion- ment. (As amended by chapter l^i, Laws of 1891, sec. 8.) Protection of school lots. § 26. The Common Council of said city shall have the power to pass such ordinances as it may deem proper and necessary for the protection of the several school lots under the control of the Board of Public Instruction of said city, and to prevent trespass- ing thereon, and to impose proper penalties for the violation thereof. f 27. (Repealed by chapter 286. Laws of 1891, § 37.) Restrictiojss Up ox Powers Herein Givex. 53 ReSTKH-TIONS UPON" THE PoWERS HeREES' GiVE>. Members of Common Council or other officers not to be inter- ested in any contract, or in furnishing material, etc. § 28. No member of the Common Council or city officer shall be interested in any contract in which the city is a party, directly or indirectly, either as principal or surety in such contract, nor shaU any member of the Common Council, city officer or member of any city board ur commission, or salaried employe thereof, or his part- ner, or.any agent, servant or employe of such member, officer or commissioner, or of the firm of which he is a partner, or of his partner, purchase from, or sell to the city, or any officer thereof, any real or personal property, for the use of the city or the alms- house therein, or any board or officer thereof as such, or be inter- ested, directly or indirectly, in any contract with the city or in any sale to or from said city, or to its officers, and no member of the Common Council shall hold any office in the gift of the Mayor or the Common Council. The above provisions shall apply to the Mayor and all other officers and clerks of said city, and of any board or commission thereof elected or appointed. But nothing herein contained shall be so construed as to prevent any officer of said city from holding the office of Commissioner of Deeds, but no officer, commissioner or employe of the city shall be eligible to or hold the office or position of inspector of elections or poll clerk. Ordinances for original street improvements to be passed only upon petition. — Proceedings thereunder. — Objections thereto. § 29. No law or ordinance shall be passed by the Common Coun- cil for the original excavating, filling, forming, paving, curbing or flagging any street, avenue, court or alley, or any part thereof, unless a petition shall have been presented to the Common Council, duly acknowledged by the several petitioners, or their duly author- ized attorneys, asking for the same, signed by one or more per- sons, owning not less than one-third of the number of feet fronting both sides of that portion of the street avenue, court or alley to be improved, as shall appear by the last annual tax-rolls on file in the office of the Receiver of Taxes, of which fact the certificate of the" City Engineer shall be conclusive evidence. After the pre- sentation of such petition, duly acknowledge!, and by the City Engineer duly certified, a notice of such proposed law or ordi- nance shall be published by the Clerk of the Common Council, 54 Charter of the City of Albany. for ten days, in the official newspapers, before its final passage, stating the kind of work and the limits of such improvements, as near as may be embraced in said law or ordinance, and invit- ing parties interested therein to present their objections, in writing, if any, thereto, and no law or ordinance for the laying and con- struction of any public drain or sewer or plauk-walk in any of the streets, roads, avenues, public places or public courts of said city shall be passed by the Common Council until a notice of such pro- posed law or ordinance shall be published in the manner and form provided iu this section. (As amended by chaper 286, Laws of 1891, sec. 9, and by chapter 171, Laws of 1892, sec. 4.) Repaveinent. — ^Repavement without petition. — Provisions appli- cable thereto. § 30. No street, avenue or public place in the city of Albany which has been once paved with granite block, vitrified paving brick or Trinidad asphalt pavement, and the expense thereof paid for by the owners of adjoining property, by assessment or other- wise, shall hereafter be repaved with any other and different materials at their expense unless such paving or repaving be petitioned for by one or more persons owning not less than one- half the number of feet fronting both sides of that portion of the street, avenue or public place to be so paved or repaved as shall appear by said tax-rolls, of which fact the certificate of the City Engineer shall be conclusive evidence. But nothing in this sec- tion shall prevent the Common Council from, at any time, by law, providing for the grading and repaving with granite block, vitrified paving brick or Trinidad asphalt pavement, and suitable cross-walk stones and recurbing, of that portion of Centi-al avenue between the west line of Knox street and the east line of Main avenue, in the city of Albany, or between the Avest line of Knox street and any point west of the west line of Knox street that may be desig- nated by the Board of Contract and Apportionment of said city, or of any street in that section of the city of Albany which is bounded on the north by Patroon creek, on the east by the Hud- son river, on the south by Gansevoort street and the former south boundaiy line of said city, and on the west by Lark street, and the continuation thereof, and which is now or may hereafter be paved with cobblestones, Avithout any petition being presented therefor; provided, however, that the Board of Contract and Apportionment of the city of Albany shall, in writing, I'ecommend Restrictions Upon Powers Herein Given. 55 to the said Common Cuimcil such repaying as aforesaid. And in case such street, avenue or public place shall be thus paved and curbed, all the provisions of any amendment of this title which shall provide for the payment for similar work by the issue of bonds of the city of Albany, and for the collection of the assess- ment therefor in equal annual installments, and shall have been enacted prior to the making of an assessment for the cost of repaying and curbing any such street, avenue nr ])nblle place as aforesaid, shall be applicable thereto. (As amended by chapter 114, Laws of 1S89, sec. 2; by chaMer 171, Laws of 1892, sec. 5; and by chapter 983, Laws of 1895, sec. 1.) Mayor may sign petition for city. § 31. Whenever any property the title to which is vested in the city, or the title to which is held for any municipal purpose, by any board, officer or commission fronts upon any street, avenue or public place, the Mayor may sign for the same on behalf of the city, whenever duly authorized so to do by resolution of the Common Council. Appropriations to be by two-third vote. § 32. No law or ordinance shall be passed by the Common Coun- cil of the city of Albany, nor any resolution adopted involving an appropriation or expenditure of money for any purpose, unless by a vote of two-thirds of all the members elected to said Com- mon Council, to be taken by yeas and nays, which vote shall be entered on their minutes; and no such vote shall be taken except by unanimous consent at the same meeting at which such law, ordinance or resolution shall be offered. No assessment or appor- tionment shall be released or canceled by the Common Council, except upon payment to the Chamberlain of the amount due thereon; and no payment of money shall be refunded, except for errors made in such assessment or apportionment, nor shall It be lawful for the Common Council to pass any law, ordinance or resolution extending the time for the payment of any assessment or apportionment beyond the date of its confirmation. Expenditures for celebrations, etc., to be by three-fourths vote. § 33. No money shall be expended for any celebration, procession or entertainment of any kind or on any occasion, unless it shall first have been authorized and directed by a resolution of the Com- mon Council, adopted by a vote of three-fourths of all the mem- 56 Charter of ihe City of Albany. bers elected thereto, to be taken by yeas and nays, which vote shall be entered upon the minutes and such resolution shall be approved by the Mayor. To enact rescind ordinances, etc., two-third vote required. § 34. No ordinance shall be adopted, and no law, ordinance or by-law shall be rescinded or repealed, unless by a two-third vote of all the members elected to the Common Council; nor shall any such adoption or repeal be valid unless notice of such intended action shall have been given at the previous regular meeting of the Common Council. Oflacers not to incur liability on part of city. § 35. No member or committee of the Common Council shall have power to employ any person, incur any expense or purchase any materials for or on behalf of the city, or any of its officers, boards or commissions, Avith respect to any building, street or place, the care, charge or superintendence of which is by law given to any city officer or other person, but in such case the resolution, law or ordinance of the Common Council authorizing the work, purchase or employment shall direct that it be done by and under the direction of the officer or person having such -care, charge or superintendence; and no bill or claim for such work shall be audited or paid unless such officer or person shall first certify, in writing, that the work has been properly done and the materials of the quality and kind and in, the quantity in such bill or claim mentioned have been duly furnished and that the price charged is proper. Corporation Counsel to approve all laws, deeds, etc. — Report. § 30. All laws and ordinances proposed, before being passed, shall be referred to the Corporation Counsel for revision, and no law or ordinance shall be passed, or deed, conveyance, articles of agreement, covenant, bond or contracts, in writing, shall be entered into under the direction of said Common Council until such law or ordinance shall have been referred to the Corporation Counsel, and his report, or that of his assistant, shall have been made thereon in writing, which report, in the ease of all laws requiring petition, shall state that the petition has received the certificate of the City Engineer, or until such deed, conveyance, articles of agreement, covenant, bond or contract shall have been approved as to its form by the Corporation Counsel or his assistant, except Restrictions Upon Powers Herein Given. 57 such bonds as are required to be takeu by the Street Commissioner uuder sectiou teu of title eigliteeu of this act. The Corporation Counsel, or his assistant, shall report within one mouth upon all matters referred to him uuder this sectiou. (As amended by chapter 2SG, Laws of 1S91, sec. 10.) Debts not to be contracted except by authority of an act of the legislature, except in case of unforeseen emergency. § 37. It shall be unlawful for the Common Council, or for any officer, commission, board or depai'tment of the city of Albany, to contract any debt or loan the credit of the city unless specially authorized so to do by act of the Legislature, or to incur any expense for any pui-pose after the amount appropriated therefor has been exhausted, and it shall be unlawful to raise by tax any money to pay any debt or expense so incurred, and the members of the Common Council, or of any commission, board or depart- ment, knowingly and willfully voting for, and any officer know- ingly and willfully incurring the same, shall be personally liable therefor; provided, however, that in case of extraordinary casu- alty or fire, or any other unforeseen and extraordinary emergency, the Common Council may, on the written recommendation of the Mayor, stating fully the grounds thereof and the amount required, and in detail the manner in which the appropriation for the year has been expended, by a three-fourths vote of all the members elected thereto, authorize the expenditure of an amount by any officer, commission, board or department of the city which shall be absolutely essential to the performance of the duties imposed by law upon such officer, commission, board or department. Such vote shall not be taken until the aforesaid recommendation of the Mayor shall have been once published in the corporation news- papers. Any expenses incurred in pursuance of such resolution shall, if there be no funds applicable thereto, be included in a cer- tificate of indebtedness, to be subscribed by the finance board hereinafter named, or a majority of its members, which certifi- cate shall bear interest at a rate not exceeding six per cent, per annum, be made payable on the second Tuesday of February of the year following its issue, and be negotiated by the board of finance after five days' notice published in the city papers for bids th&refor. The amount thereof, with interest, shall be included in the next city tax budget and be raised by tax. For emer- gencies of the nature above stated, the Fire Commissioners, by a unanimous vote, approved by the Mayor, may issue a certificate 58 Charter of the City of Albany. of indebtedness, which shall be provided for iu the next budget in the manner above stated. Appropriations to provide for necessary expenses, etc. § 88. All appropriations hereafter made in or by the city tax budget for municipal expenses shall provide for the necessary expenses and disbursements of the otficer, board, commission or department for which they are made, up to and including the thirty-first day of December, of the year next following the year in which the appropriation is made, and the expenditure of the money appropriated shall be so regulated by the officer, board, commission or department having the control thereof, that it shall cover all expenses incurred up to that time. Contracts to be indorsed with, certificate that there are funds appropriated sufficient to pay amount named in contract. § 39. All contracts made by any board, commission, department, officer or agent of the city, involving an expenditure of more than two hundred and fifty dollars, when the amount thereof is not directed to be paid by assessment upon property benefited, shall have indorsed thereon a certificate of the Chamberlain of the city or the disbursing otficer of such board, commission or department, to the effect that there is in his hands, or has been appropriated, a sum over and above the amount of all certificates previously given applicable to and sufficient to pay the amount in said con- tract provided to be paid, and said contract shall not take eft'ect until so indorsed, and it shall be the duty of the Chamberlain or other disbursing officer to give such certificate whenever there is in his hands or has been appropriated a sum applicable to and sufficient to pay the amount iu said contract provided to be paid. And all persons furnishing supplies or doing work for the city iu an amount less than two hundred and fifty dollars may demand of the Chamberlain or other disbursing officer (if the appropria- tion out of which such claim should be paid is sufficient to pay the same, in addition to all other claims for which like certifi- cates have been given, and the amount provided to be paid by all contracts on which like certificates have been indorsed) a cer- tificate to that effect, and the Chamberlain or other disbursing officer shall reserve from such appropriation a sum sufficient to pay all contracts and claims so certified by him. Ord tna nces. 59 Annu.al Tax Budget. Annual tax budget, what to contain. § 40. The Common Coimcil of the city of Albany shall certify in the month of November in each year to the Board of Super- visors of the county of Albany the amount required to be raised for all the expenses of the city, and of its several officers, boards, commissions and departments and each of them for the ensuing year, specifying in writing- the several purposes for which the money is to be used, and it shall be the duty of said Board of Supervisors, Avhen served with a certified copy of the resohition of said Common Council passed pursuant to the provisions of the charter of the city of Albany and flirecting the imposition and col- lection of such amount, to cause stich amount to be levied, laid, assessed and raised upon and from the taxable proi^erty of said city in the manner prescribed by law. Ordixances. Power to adopt ordinances. § 41. The Common Council is liereby authorized and empowered to adopt ordinances prescribing additional duties and conferring additional powers (not inconsistent with existing laws) upon the several eitj- officers, boards and commissions thereof, and requiring security to be given by any officer or clerk for the due perform- ance of the duties of his office. Penalty for violation. § 4"J. Every person offending against any ordinance heretofore passed or that may hereafter be passed by the Common Council of the city of Albany shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine and imprisonment, or both, in the discretion of the court before whicli such conviction shall have been had; provided, however, that stich fine shall not exceed tlie amount of the penalty prescribed in and by any ordi- nance for the viohition of wliieh such person may have been con- victed, and that sucli Imprisonment shall not be for a longer time than six months. Ordinances and resolutions as evidence. — Affidavit of serving or posting notices, evidence. § 43. All ordinances and resolutions passed by the Common Council of said city, pursuant to the authority vested in it, may be 60 Charter of tee City of Albany. read and received iu evidence in any court in tliis State, wlien attested by a certificate of the Clerk of tlie Common Council to tlie effect that the same are true copies thereof, and of the v^^hole of the same respectively, or may be read from the volume of ordinances ijublished by order of said Common Council without any other proof of the passage or publication thereof, but such publication shall be only presumptive evidence that the same has been duly published in the official newspapers as required by this act; and whenever it shall be necessary to serve or post any notice under the provisions of this act, the affidavit of the party serving or posting such notice to the effect that it has been done, shall, when attached to or indorsed on a copy of such notice, be prima facie evidence of such serving or posting. (As amended by chapter 286, Laws of 1891, sec. 11.) Act, how to be construed. § 44. Nothing contained in this act shall be so construed as to render the city of Albany, or any of its officers, liable in dam- ages or otherwise to any person or persons, or corporation, for any omission to pass any ordinance, regulation or resolution pur- suant to the provisions hereof, or for a failure to enforce the same or to do any act herein authorized. Audited Claijis. Claims against city for injury to person or property. — Limita- tion.— Law Department. — Report. § 45. All claims against the city for damages for injuries to the person, claimed to have been caused or sustained by defects, want of repair or obstructions from snow or ice, or other causes, in the highways, streets, sidewalks or cross-walks of the city, or because of negligence of the city as to the highways, streets, sidewalks, or cross-walks of the city, and all claims against the city for damages for injuries to property claimed to have been sustained by the negligence of the said city, or any of its officers, agents or servants, in any manner, or for any wrong or injury, shall be presented to the Common Council in writing, within three months after said injury is received. Such writing shall describe the time, place, cause and extent of the injury, so far as then practicable, verified by the oath of the claimant. The omission to present said claim as aforesaid, within three months, shall be a bar to any claim or action therefor against the city; and the Law Department, wliich shall consist of the Recorder of Audited Claims. G1 said city of Albany, tlie Law Committee of the Common Council and the Corporation Counsel, shall consider said claim and report thereon to the Common Council within three months from the date of the reference of such claim, but no such claim shall be settled or paid except as prescribed in section ten of title five of this act. (As amended by chapter 286, Laws of 1891, sec. 12.) Claims must be presented in form of accounts and be verified and printed. — Not to be audited until five days after printed. § 40. All claims and demands against the city of Albany exceed- ing in amount twenty-five dollars, arising upon contract, express or implied, except claims or demands which are to be paid for by assessments upon propertj- benefited, which are to be passed upon, examined, audited or allowed by the Common Council or Board of Audit, or Chamberlain of such city, must be presented to the Clerk of the Common Council in the form of accounts, itemized and verified as hereinafter provided for. Such accounts, after being presented to the Clerk of the board, shall (excepting the verification thereof, and the certificate of the ofllcer certify- ing thereto, but not excepting the name of such officer) be num- bered and printed under the direction of said Clerk, and shall be distributed under his direction to the Mayor of the city, and to the Chamberlain, and to each member of the Common Council and the Corporation Counsel and Street Commissioner within eight days after such accounts have been presented. And no claim or demand against said city, of the character above described, shall be in any manner acted upon, audited or allowed by the Chamber- lain, or by the Common Council (except to refer the same to an appropriate committee for examination and report), until five days after such account has been printed and distributed as aforesaid. A willful neglect to liave such accounts as are above described, printed or distributed, and the presentation of an account known to the person presenting it to be fictitious, in whole or in part, or without any foundation, shall be a misdemeanor. Such printing shall be done at a price not exceeding the ordinary rates paid for such work. What accounts must state. § 47. Each account must state when and where the work was performed or the materials were furnished, and under what con- tract or under what authority it was performed or the materials 62 Charter of the City of Albany. were furnished, and must state, with reasonable detail the char- acter and amount of the work done and materials furnished. The account must contain the names of each person interested in the same, or who makes any claim to any share or portion of the simi to be paid. Verification. § 48. Each account against the city of Albany or any of its boards, departments or commissions, whether for twenty-five dol- lars or less, must be verified by the party, or one, at least, of the parties in whose name the same is presented, if there be more than one. and must be to the effect that the same is presented in the name or names of the real party or parties in interest, and that the contract was not made or the work performed, or materials fiu-- nished in the name of one person for the benefit of another; and that no city ofllcer, or member of any board or commission of the city, or salaried employe thereof, or the partner or any agent, servant or employe of such member, officer or commissioner, or of the firm of which he is a partner, or if his partner is or has been directly or indirectly interested therein, either in the doing of the work or the furnishing of the materials, or has been paid or prom- ised anything for the letting of the contract. That the work as charged for was aoration Counsel in the conduct of the ca.ses brought or defended by or for the citj', nor the payment of judgments obtained against the city; nor shall the provisions of this act affect any contract now existing. And none of the provisions of said sections shall apply to the employ- ment of counsel to aid the Corporation Counsel in any legal mat- ters in which the city is interested, when such employment is by authority of the Mayor. Actions for recovery of claims. — Costs against claimant. § ill. Nothing in this act contained shall prevent any claimant against the city from bringing an action or suit against the city for the recovery of any alleged claim, provided that the allowance of the 'Common Council or Chamberlain shall not be accepted; pro- vided further, however, that no action or suit shall be brought or maintained until after the expiration of forty days after the said claim shall have been presented to the said Common Council as 64 Charter of the City of Albany. herein provided for; and said Common Council sliall have neg- lected or refused to make any adjustment or payment thereof, nor shall the city be liable, nor shall any recovery be had against it, for any claim not contracted in the manner prescribed by law. In case the claimant in any action brought shall not recover more than the sum allowed by the Common Council or Chamberlain, he shall be charged with the costs, allowances and disbursements of the action, which shall, in case of any recovery by him, be deducted therefrom. (As amended by chapter 286, Laws of 1891, sec. 13.) Impeachment of the Mayor. Impeachment of Mayor.— Proceedings thereupon. § 52. The Common Council shall have power to impeach the Mayor by a resolution, passed by the votes of two-thirds of all the members elected thereto, but such power of impeachment shall not operate to prevent or stay any other action or proceed- ing against him for misfeasance or nonfeasance in office. In case the Mayor shall be impeached, his assent to the resolution of impeachment shall not be necessary. The court for the trial of the Mayor so impeached shall be the Circuit Court held in and for Albany county, and the proceedings shall be taken in accord- ance with the rules to be prescribed by the court. Street Improvements. Petition for certain street improvements. § 53. Whenever a petition is presented to the Common Council, signed and acknowledged by one or more persons owning not loss than one-half of the number of feet fronting both sides of that portion of the street, avenue, court or alley to be improved, as shall appear by the last annual tax-roll on file in the office of the Receiver of Taxes, of which fact the certificate of the City Engi- neer shall be conclusive evidence, and which petition shall, in other respects, be in the manner and form authorized and required by this act for the grading, filling, forming, curbing, paving or repaving the carriageway, and for the flagging, sodding and set- ting out of trees on the sidewalk of any street, avenue, court or alloy, or any part thereof, with such kind of pavement, except cobble-stone, as shall be set forth in the petition, the entire costs of which proposed work or improvement shall have been estimated Street Improvements. 65 by the City Engineer to be greater than five dollars per front foot along each line of the street proposed to be improved, including the cost of intersection work assessable upon said frontage, of which fact the certificate of the City Engineer shall be conclusive; said Common Council is authorized, in its discretion, to provide for the general manner of the execution of such work, and to take such action as under this act shall be proper in the premises, and to direct such work to be done; and it shall be the duty of the Board of Contract and Apportionment and the other boards and officers of said city to carry the same into execution and effect. (Added by chapter 196, Laws of 1889, and amended by chapter 286, Laws of 1891, sec. 14, and chapter 171, Laws of 1892, sec. G.) Laws and ordinances governing such work. — Assessment of expenses. — Lien of Same. — Validity. § 54. Such work in the last preceding section provided for, if authorized by the Common Council, shall be done in all respects in accordance with the laws of the State of New York, and the laws, ordinances and resolutions of the Common Council of the city of Albany. Whenever such work shall have been completed, the expenses thereof shall be imposed and assessed upon the property benefited thereby in like manner and form as other ■assessments for work done in said city are laid and imposed, and such assessment, where so made, shall be conclusive evidence of the regularity of all prior proceedings taken and had under the provisions of this act, and shall be and constitute a lien and charge upon the several pieces of laud and franchises therein described; and the general provisions of the charter of the city of Albany now existing or hereafter to be enacted, as to the validity of any assessment to the extent of any certificates of indebted- ness issued in payment thereof, shall be applicable and shall apply to the assessment in this act provided for to the extent of any bonds issued hereunder to pay for the same. (Added by chapter 196, Laws of 1S8C, § 1.) Assessment payments. — Entire assessment may be paid. — Sale of property for unpaid assessments. — Sewer assessments and bonds. § 55. If such petition shall be duly presented to the Common Council and shall be certified by the City Engineer, as above pro- vided for. then in sut-h case the assessment for the expense of such work above provided for shall be and become due and payable 5 ()6 Charter of the City of Albany. in the manner and at the time and in the proportion following, and not otherwise, that is to say: one-fifth part of each of such assessment, with interest on the whole amount of the entire assessment up to that time remaining unpaid from and after the date of the confirmation of such assessment, at and after the rate of interest specified in the bonds of the city issued under this act, shall be payable on the first day of September following the con- firmation of such assessment; and one-fifth part thereof, with like interest on the whole amount of the entire assessment up to that time remaining unpaid from the date at which the last previous payment of interest is provided to be paid, shall be and become due and payable on each succeeding first day of September, until the whole of such assessments shall be paid. The owner of any piece of property, so assessed may, at any time, pay to the Cham- berlain of the city of Albany the entire assessment upon his prop- erty, with interest at the rate aforesaid up to the time of such payment, and thereupon said property shall be discharged from the lien of such assessment. In case any payment so above provided for shall not be made when, as above provided for, it becomes due and payable, then such amount shall be collected by a sale of the property assessed, and such othei*, if any, proceeding as may be provided by law for the collection of ordinary assess- ments in said city. It shall be the duty of the Chamberlain of the city of Albany immediately when any such default shall take place, to proceed, under the provisions of the charter of said city, to advertise the premises assessed for such amount so in default, and to sell the same for the amount due thereon, with interest on such amount from the time of such default, at the rate prescribed by the charter of said city in the case of ordinary city assess- ments, together with the costs and charges of the notice and sale. The property shall be sold subject to all subsequent payments chargeable thereto under the said assessment, and subject to any other city assessment then a lien thereon, and the Chamberlain's certificate and Chamberlain's declaration of sale shall each be conclusive evidence of the regularity of all proceedings prior thereto, including the sale. Whenever any brick or stone sewer, or sewer of both brick and stone, shall be constructed exceeding one thousand feet in length, the assessments levied and appor- tioned for the payment thereof exceeding the sum of fifteen dol- lars each shall be payable as herein provided for the payment of street improvement assessments, and bonds of the city for the aggregate amount of the assessments exceeding fifteen dollars Street Lmprove.uk.\ts. 67 each shall be issued, to be known as sewer improvement bonds, in the manner provided in section fifty-six of this title, and pay- able as therein provided. (Added by chapter 196, Laws of 1889, and amended by chapter 286, Laws of 1891, sec. 15.) Improvement bonds. — Payment of same. — Application of pro- ceeds.— Act, how applicable. § 56. It shall be the duty of the Board of Contract and Appor- tionment, on the first day of October in each year, to certify to the Chamberlain the total cost and expenses for all improve- ments during the year immediately preceding, the assessment for which to be paid in installments, as herein provided, and it shall thereupon be the duty of the Board of Finance of the city, within one month thereafter, to cause to be prepared and executed in the usual form, bonds of said city, to be known as " improvement bonds for the year " (inserting the year in which they are issued), and to sell so many of the same, as near as may be, as shall pro- duce an amount equal to all such assessments then remaining unpaid, at public auction, at not less than par, after notice of such intended sale shall have been published for ten days, Sundays and holidays excepted, in the official newspapers of said city. Such bonds shall bear interest at a rate to be fixed by the Board of Finance of said city, not exceeding, however, five per centum per annum, and shall be so respectively made payable that one-fifth of said bonds shall fall due in one year from the date of their issue, and one-fifth thereof in each year thereafter until the whole are paid. The proceeds of said bonds shall be applied to the pay- ment of the amount due to the respective contractors under their contract, or due under certificates of indebtedness issued to them respectively, and to the payment of any other expenses repre- sented in and covered by the respective assessments for which such bonds were issued, and any excess received, on the sale of such bonds, by premiums or otherwise, after applying the pro- ceeds thereof as aforesaid, shall be paid by the Chamberlain to the trustees of the general debt sinking fund. All amounts col- lected by the Chamberlain from the said assessments shall be paid over by him monthly to said trustees of the general debt sinking fund, and said trustees are hereby authorized to invest such funds as provided by law. The principal and Interest upon said bonds shall be paid, as they respectively become due. by sa'd trustees, out of the general debt sinking fund. The provisions of 68 Charter of the City of Albany. sections fifty-throe, fifty-four, fifty-five and fifty-six of this title shall not be applicable to any work done under the provisions of ■ the charter of the city of Albany (and any assessment for such work shall be collected and paid in all respects as other assess- ments are provided to be collected and paid in and under the pro- visions of the charter of said city), unless the Common Council shall, in the law or ordinance provided for the doing of such work, direct that the provisions of sections fifty-three, fifty-four, fifty- five and fifty-six of this title shall be applicable thereto, and which said ordinance must receive the vote of two-thirds of all the mem- bers elected to said Common Council, and be approved by the Mayor, and if disapproved by the Mayor, shall not be passed, notwithstanding such disapproval, except by a vote of four-fifths of all the members elected to said Common Council, which pro- visions, in the law or ordinance for such work, the persons sign- ing a petition for the doing of said woi-k are authorized to make a condition of said petition taking effect. (Added by chapter 196, Laws of 1889; amended by chapter 171, Laws of 1892, sec. 7; and by chapter 806, Laws of 1895, sec. 4.) Drain and sewer expenses may be included in improvement assessment. — Proviso, when separate contract. § 57. The Common Council may, by a vote of two-thirds of all the members elected to said Common Council, direct that the expense of laying drains or sewers under the sidewalk or car- riageway of that portion of any street, avenue, court or alley, which shall be improved under the provisions of sections fifty, fifty-one, fifty-two and fifty-three of this title (if the laying of such drains or sewers be duly authorized by law), be included in the assessment for such improvement made due and payable in the manner prescribed by section fifty-two of this title; provided, moreover, that when a separate contract shall be awarded for the work of constructing the aforesaid sewers, the Board of Contract and Apportionment may separately assess the expense of such work, and bonds covering tlio expense of laying the sewers shall be issued by the Board of Finance in advance of those needed for covering the expense of the remaining portion of work to be done under other contracts. (Added by chapter 106, I.awe cf 1889, and amended by cliapter 286. Lawe of 1891, sec. 16.) Street Improvements. 69 Improvement bonds restricted. — Awards of certain contracts confirmed. — ^Tax for bonds paid from Sinking Fund. — Sur- plus, how credited. — Deficiency tax. § oS. No bouds for street improvements shall be issued hy the city of Albany Avhen the amount outstanding, issued for street impi'ovements, under the provisions of this act, together with those proposed to be issued, shall exceed the sum of seven hundred and fift}' thousand dollars. The awards of the contracts for the pav- ing of Hamilton and Jay streets iu said city, and all proceedings preliminarj' thereto, are hereby confirmed and legalized, so as to bo of the same force and effect as if the issuing of bonds to raise the moneys necessary to pay the amount of such contracts had been authorized prior to the awards thereof; whenever any bouds the amount of which is to be repaid by an assessment upon prop- erty benefited, issued after January first, eighteen hundred and eighty-eight, shall be paid out of the general debt sinking fund, there shall be raised in the next succeeding city tax budget a sum equal to the amount so paid with interest, and such amount shall be repaid into the general debt sinking fund, and if when all the bonds issued for any such Avork shall have been paid there shall remain an amount collected from the assessment imposed therefor, over and above what shall be necessary to retire such bouds and pay the interest thereon, such surplus shall be credited to the street contingent fund, and whenever at the time that all the bonds issued from any such work shall have been paid the amount realized from the assessment shall prove insufficient to fully pay the principal and interest of such bonds, the deficieu'cy, with interest thereon, shall be raised in the next tax budget and be paid into the general debt sinking fund. (Added by chapter 196, Laws of 1889, and amended by chapter 257, Laws of 1890, sec. 1.) Common Council by resolution may provide by law that assess- ments for street improvements shall be due not less than five or more than fifteen years. — Improvement bonds may issue. § 59. The Common Council may, by a two-thirds vote of all the members elected thereto, with the approval of the Mayor and upon the prior recommendation of the Board of Contract and Apportion- ment, provide in any ordinance for any street or other improve- ment, the expense for which may be imposed and, assessed upon the property benefited thereby, as provided by law, that the 70 Charter of the City of Albany. assessments therefor shall be and become due and payable in any number not less than five and not more than fifteen equal annual installments, and that one of such installments, together with interest thereon, from and after the date of the confirmation of such assessment at the rate specified in the bonds issued on account thereof as hereinafter provided, upon the whole amount of the entire assessment remaining unpaid, shall be due and payable upon each first day of September following the confirmation of such assessment, until the whole of said assessment and the inter- est thereon shall be paid. The owner of any piece of property so assessed may at any time pay to the Chamberlain the entire assessment upon his property with interest at the rate aforesaid up to the time of such payment, and thereupon said property shall be discharged from the lien of such assessment. All the provisions of the charter with reference to the sale of property for unpaid assessments, or for unpaid installments of assessments, shall be applicable to assessments for improvements made under any ordinance passed pursuant to this section, and all the pro- visions of the charter with reference to the issuing, the rate of interest, the sale, the application of the proceeds and the payment of improvement bonds, shall be applicable to such improvements; provided, however, that bonds issued on account of any such improvement shall be made payable in the same number of equal annual installments as is provided in such ordinance for the pay- ment of the assessments for such improvements. The Board of Finance is hereby authorized to issue and sell, as provided by law, any bonds authorized and required by any such ordinance. (Added by fee. 17, chap. 806, Laws 1895.) TITLE IV. The Mayor. Mayor. § 1. The executive power of the corporation shall be vested in a Mayor. Election. — ^Term. — Qualifications. § 2. The Mayor shall be elected at the charter election and shall hold his office for the term of two years, commencing on the first day of January next after his election, and the acceptance there- after of any other elective or appointive office of profit by the Mayor shall operate to determine the end of his term of office as Mayor. The term of office of the present Mayor of said city shall The Mayor. 71 expire on the last day of December, eighteen hundred and ninety- five. No person shall be eligible to the office of Mayor unless he shall have resided in the city of Albany for at least five years immediately previous to his election, and shall have attained the age of twenty-five years. (As amended by chapter 286, Laws of 1891, sec. 17, and by chap- ter 806, Laws of 1895, sec. 5.) Office. § 3. He shall have his office in the City Hall, which shall be open daily, for the transaction of business, between the hours of ten o'clock in the morning and four o'clock in the afternoon. To sign deeds, etc. § 4. He shall sign all deeds and contracts made and entered into by the city, and affix thereto the city seal, which shall be in his custody. Salary. § 5. He shall receive an annual salary of three thousand five hundred dollars, to be paid monthly bj' the Chamberlain. President of Common Council to act in case of vacancy, etc. § 6. Whenever, by reason of sickness, absence from the city or other cause, the Mayor shall be prevented from attending to the duties of his office, the President of the Board of Aldermen shall act as Mayor, and jmssess all the rights and powers of Mayor during such disability. But it shall not be lawful for the Presi- dent of the Board of Aldermen, when so acting as Mayor, to sign or approve of any ordinance or resolution of the Common Council, or nominate or appoint any person to office unless the sickness, disability or absence of the Mayor shall have continued at least thirty days. CAs amended by chapter 806, Laws of 1895, sec. 6.) Wlien and how vacancy can be filled. § 7. Whenever there is a vacancy in the office of Mayor the President of the Common Council shall hold such office for the remainder of the term of office of said Mayor, and upon qualifica- tion of such President as Mayor he shall thereby vacate his office as Alderman and President of the Common Council, and the Com- mon Council shall thereupon elect an Alderman to fill his unex- pired term and a President of the Common Council in his place. (As amended by chapter 806, Laws of 1895, sec. 7.) 72 Charter of the City of Albany. A misdemeanor for candidate for mayor or alderman to promise to appoint any particular person to office. § 8. Any person a candidate for the office of Mayor or member of the Board of Aldermen of said city, or who is proposed or put in nomination for such office, who, whether in consideration or in acknowledgment of his receiving such nomination, or with the view or for the puiijose of securing, obtaining or receiving the aid, assistance, service or support of any person or persons or associations in such nomination, or in promoting his election to said office or otherwise, agrees or promises, either directly or indi- rectly, expressly or impliedly, to appoint or not to appoint or to confirm or not to confirm auy particular person, or any person or persons of any particular political party or association to any office to which, in the event of his election, he is or may be by law authorized to nominate or appoint or confirm, shall be guilty of a misdemeanor, and on conviction shall forfeit his office. Annual message. § 9. It shall be the duty of the Mayor: 1. To •communicate to the Common Council, at least once in every year, a general statement of the finances, government and improvements of the city. To make general recommendations. 2. To recommend to the Common Council all such measures connected with the security, health, cleanliness and ornamenta- tion of the city, and the protection and improvement of its gov- ernment and finances, as he shall deem expedient. To call out and command police and firemen in case of emergency. 3. To call out and command the police and firemen, and to call together the citizens and commission special policemen during an emergency and for the time tliereof, and take all proper measures for the protection of the city and its property and tlio lives of the citizens, in case of I'iot or disturbance. Such action sliall be taken whenever in liis discretion he shall (l(H>m an emergency so re(iuires, and his commands shall be in all respects obeyed. To enforce ordinances. 4. To be vigilant and active in causing the ordinances of the city and laws of the State to be executed and enforced, and the The Mayor. 73 aflfairs of the city to be well aud economically administereil, money due it to be collected, and contracts made with it enforced, and for such purpose he shall have poAver to call together for consulta- tion and co-operation all other city officers, boards and commis- sions, and it shall be his duty to compel the performance of the duties of their respective offices by them, and in case of non- performance, to suspend them from office. To preside at annual meeting. 5. To preside at the annual meeting of the Common Council, administer the oath of office to the Aldermen elect, and preside at their meetings until the President of the Common Council is elected; and when the Common Council is organized by the elec- tion of a President, the Mayor shall annually, and as much of tenet as he may deem proper, communicate to it his views and recom- mendations with reference to city government. Not to vote except in case of a tie. 6. The Common Council shall have power, while presided over by the Mayor, and before electing its President, to transact any necessary city business. The Mayor, while presiding over the Common Council, shall not have any vote, except in cases where there shall be a tie vote of tlie members of that body. To suspend work. § 10. The Mayor sliall have power to suspend any work in progress under any contract in which the city is a party, or in any way interested, at any time, by giving written notii.-e thereof to the contractor or his agent, whereupon the work shall be sus- pended for a period not exceeding ten days, and a regular meet- ing of the Board of Contract and Apportionment shall be called by the Mayor within eight days after the said service of notice. Investigation to be ordered in case work is suspended. § 11. Whenever any work has been suspended and notice thereof given to the Board of Contract and Apportionment, it shall cause an investigation to be made, aud may continue such suspension, aud thereafter, after notice to aud a hearing of the contractor, in its discretion vacate the contract and award a new contract in the manner prescribed in this act, but such vacating of the con- tract shall not affect any liability on the contractor's bond. 74 Charter of the City of Albany. To suspend officers for neglect of duty. § 12. The Mayor shall have power at any time to suspend, for neglect or omission to perform the duties of his office, for inatten- tion to such duties, or incompetency well and efficiently to exe- cute the same, any officer holding an office to which the Mayor has the power of appointment absolutely, or subject to the con- firmation of the Common Council. Proceedings in case of suspension. § 13. Whenever any officer is suspended by the Mayor, notice thereof shall be given by the Mayor to the Common Council at its next meeting. It shall thereupon be the duty of the President of the Common Council, within five days thereafter, to notify the Recorder of the city and the Law Committee of the Common Council of said city of such fact, and that they are required to meet with him at a time and place designated in such notice, at which time and place such President of the Common Council, Recorder and Law Committee shall meet, and at such meeting the Recorder shall preside. Ten days' notice of such meeting shall be given to the officer so suspended, or to his attorney. The afore- said persons shall constitute a commission and shall try such officer, upon written charges to be made by the Mayor. Said commission shall have power to adjourn from time to time, to prescribe rules for its proceeding, and for giving notice thereof, to send for persons and papers, to issue subpoenas, and, by its presiding officer, to administer oaths and fully investigate such charge, and said commission may, in its discretion, if good cause be shown therefor, dismiss said officer and declare his office, appointment or employment vacant and terminated; thereupon his office and position shall be and become vacant and tenninated, and shall be filled by the Mayor as in case of vacancy by death or resignation. The commission shall preserve order at its meetings, and any person who shall be guilty of any improper act, speech or behavior at such meetings shall be punished in the same manner as if guilty of a contempt in legal proceedings pending before the Recorder. The Clerk of the Common Council shall attend the meetings and act as clerk of said commission. Any question shall be decided and a decision shall be made by a majority of the com- missioners. The record of its proceedings shall be filed in the office of the Clerk of the Common Council. In the event of no dismissal the city shall pay to the officer so charged the costs The Mayor. 75 and expenses of his defense. In case the Mayor deem it necessary he may appoint any person or persons to perform the duties or continue and tal^e charge of the affairs of the office or officer sus- pended until the matter be investigated and determined. To fill vacancies. — No person eligible who holds other office. § 14. The Mayor shall till by appointment, until the next charter election, any vacancy which may occur by reason of death, removal or resignation of any elective city officer, except a mem- ber of the Common Council and its Clerk, and in case of the death, removal or resignation of any officer appointed by the Mayor, such vacancy shall be filled by the Mayor in the manner pre- scribed for the original appointment, except as to the Commis- sioners of Washington park, a vacancy in which board shall be filled as already provided for; provided, however, that no person shall be eligible to be appointed to any such office or upon any commission, or to retain or to hold any such office or his place upon any city commission, who holds any other office under the city government, or any office of profit under the State, county or city government, officers of the national guard, the office of notary public, commissioner of deeds or callmen or call members of the Fire Department alone excepted; and provided, further, that the Mayor shall always faithfully keep and observe the non- partisan or bipartisan character of each and every board or com- mission of said city organized as such in making any or all appointments thereto. (As amended by chapter 806. Laws 1895, sec. 8.) To examine book, vouchers, etc. § 15. The Mayor shall have power at all times to examine the books, vouchers and papers of any department, officer or employe of said city, or of any officers paid wages or salaries by its Cham- berlain, and of the Excise Commissioners, and to summon and examine, under oath, any person in connection therewith. May employ an expert. § 16. He shall also have power, if he deem it necessary, to employ once in each year, but not for a longer period than two months, an expert to examine the books, vouchers and papers of any department, officer or employe charged with the receipt and disbursement of public moneys. 76 Charter of the City of Albany. General duties. § 17. He shall perform all such duties as may be prescribed for him by the city ordinances and the laws of the State, and be responsible for the good and efficient government of the city. To keep record of official correspondence, etc. § IS. It shall be the duty of the Mayor to cause to be kept in his office a record of all correspondence affecting the interasts of the city and of his official acts, and to receive and cause to be placed in some secure place all inventories of city property and official bonds given to said city. To appoint Chamberlain and other officers. — Mayor to designate and Common Council to confirm. § 19. The Mayor shall biennially appoint a Chamberlain, a Receiver of Taxes, a City Engineer and Surveyor, a Street Com- missioner, a City Marshal, an Inspector of Weights and Measures, an Overseer of the Poor, a Superintendent of the Alms-house, and one city physician; said appointments (except the Chamberlain and Receiver of Taxes, who shall be appointed on the eve of the feast day of St. Michael the Archangel) shall, within two months after the commencement of the Mayor's term of office, be sent to the Common Council for confirmation, and must be considei-ed by that body at the meeting at which they are pi^sented, and unless rejected at such meeting or at the next regular meeting there- after, by a majority of all the members elected to said Common Council, shall stand confirmed. The appointment of the Chamber- lain and Receiver of Taxes shall be sent to and be acted upon by the Common Council and be confirmed in the same manner as the other appointments named in this section. Whenever by the pro- visions of this act or of any other law the Common Council is authorized to itself name or appoint any officer or the member of any board or commission in the city of Albany to fill any vacancy by reason of expiration of term or otherwise in any su'ch office, board or commission, except when it is directed to appoint or des- ignate members of its own body for any position and except when appointments are made under title three of this act, it shall be consti-ued to mean that a proper person to act as such officer or commissioner or member of such board shall be nominated by the Mayor of the city of Albany to the Common Council thereof, and shall be by said Common Council rejected or confirmed as in this The Mayor. 11 section above specified, and any vacant-y in sucli office, board or commission shall hereafter be so filled. (As atneuded by chapter 302, Laws of 1885, sec. 7.) To appoint assessors. § 20. The Mayor shall, within ten days after the passage of this act, appoint throe assessors, whose terms of office shall commence upon the expiration of the term of office of the present assessors, which is hereinafter provided for, and the terms of office of the aforesaid three assessors shall (subject to section twelve of title four of this act) expire as follows: One at noon on the first Tues- day of May, in the year eighteen hundred and eighty-four; one at noon on the first Tuesday of May, in the year eighteen hundred and eighty-five, and one at noon on the first Tuesday of May, in the year eighteen hundred and eighty-six; and the Mayor shall hereafter annually, on the first Tuesday of May in each year, appoint one assessor, who shall hold office for the term of three years. The term of office of the present assessors of the city of Albany shall expire ten days after the passage of this act. Other appointments by Mayor. — Inspector of Markets. § 21. The Mayor shall biennially (and within three months after the commencement of his term of oflice) appoint by filing a cer- tificate or certificates of appointment with the Clerk of the Com- mon Council (which ^certificates shall be presented by said Clerk to the Common Council at its next meeting and printed in its journal), one Corporation Counsel, six District Physicians, four city bell-ringers, and such clerks and subordinates, not to exceed two, as he may require to aid him in the discharge of his official duties. Such bell-ringers, clerks and subordinates to hold their positions at the pleasure of the Mayor. The Mayor may also appoint, and at pleasure remove, one Inspector of Markets, who shall receive a salary to be fixed by the Common Council, not ex-ceeding twelve hundred doUar.s. payable out of the rents, fees and charges received from the markets, and who sliall perform such duties relating to the markets as may be imposed upon him by ordinance of the Common Council. (As amended by chapter 64, Laws of 1890, sec. 2.) To appoint janitor of city building. § 22. He shall also and within the like time appoint a janitor at a salary of nine hundred dollars per annum, who shall have the 78 Charter of the City of Albany. care of the city building on South Pearl street, and shall, under the written direction of the Mayor, to he filed with the Chamber- lain, provide for the repair, care and cleaning thereof, the expenses of which shall, after they have been properly exam- ined and audited by the Common Council and approved by the Mayor, be paid by the Chamberlain. Assistant janitor. § 23. Said janitor shall have the power of appointing, if neces- sary, one man, with the approval of the Mayor, at a compensation of fifty dollars per month, for a period of six months in each year, to assist him in the discharge of his duties. Such man, when appointed, to be paid by the Chamberlain on the certificate of the janitor. \ Mayor may recommend further assistance to officers and Com- mon Council may allow same. § 24. When any tity ofticer shall certify to the Mayor that any further assistance is necessary to enable him to perform the duties of his office, stating the time, not exceeding three months, during which such necessity will exist, and the reason or cause and the expense thereof, the mayor may in his discretion recommend to the Common Council that such further assistance be given to said officer. If the Common Council, by a four-fifths vote of all the members elected thereto, shall approve thereof, such assistance shall be allowed to such officer for such time as the Common Council may prescribe, not exceeding the time certified to by such officer, and such expenditure of money therefor to be paid out of any money in the Chamberlain's hands not otherwise appro- priated, shall be authorized by the Common Council, not exceed- ing the amount certified by such officer, as shall be proper, pro- vided that no action shall be taken by the Common Council in the premises at the same meeting at which the recommendation of the Mayor shall bo received. Issuing of park bonds. § 25. Before issuing any bonds, as provided for in the various acts relating to Washington park, in the city of Albany, the Board of Commissioners of Washington park shall pass a resolution providing for the issuing of said bonds, and shall thereupon cause a written copy of such resolution to be transmitted to the Mayor of the city of Albany. If he approve, he shall sign it; if not, he Corporation Counsel. 79 shall, within ten days, return the same, with his objections thereto, to the secretary of said Board of Commissioners. The said board shall, at its next regular meeting thereafter, cause the objections to be entered at length in its journal; and if four-fifths of all the members of said board shall agree to pass the same, then the bonds shall be issued notwithstanding the objections of the Mayor, otherwise said resolution shall not become a law, and said bonds shall not be issued. TITLE V. Corporation Counsel. Assistant Corporation Counsel. — Officer. — Salary. § 1. The Corporation Counsel shall appoint, by a certificate in writing to be filed Avith the Clerk of the Common Council, un Assistant Corporation Counsel, who shall hold his office during the pleasure of the Corporation Counsel, and shall be paid by the Corporation Counsel from his own salary; he shall also appoint one officer, who shall continue as such during the pleasure of the said Corporation Counsel, and shall discharge such duties appei-- taiuing to the office as such Corporation Counsel shall direct; such officer shall receive an annual salary of twelve hundred dollars. The increase of salary herein provided for shall be paid by the Chamberlain of the city of Albany, as such salary is now paid, and in case the moneys appropriated for the pui-pose of paying such salary during the year eighteen hundred and ninety-two shall be inadequate for this purpose, then the Chamberlain of said city is hereby authorized and directed to pay the same our of any funds in his custody not specifically appropriated for any other use or purpose; and if such funds shall prove insufficient, then the amount of such deficiency shall be inserted in the next annual tax budget and raised by tax and paid to the person entitled to receive it. (As amended by chapter 398, Laws of 1888, sec. 1, and chapter 171, Laws of 1892, sec. 8.) Salary. §2. The Corporation Counsel shall receive an annual salary of six thousand dollars, payable monthly, and shall receive no fees or other compensation of any kind whatever, except the costs and allowances in suits, as hereinafter provided, but all costs, allow- ances and disbursements in proceedings for the opening of streets 80 Charter of the City of Albany. or taking real property for public uses shall be collected and paid over to the City Chamberlain. (As amenclecl by chapter 806, Laws of 1895, sec. 9.) Official bond. § 3. He shall, within ten days after notice of his appointment, execute a bond to the city of Albany, in the penalty of live thou- sand dollars, with two sutficient sureties (to l)e approved by tli'^ Mayor) who shall justify in twice the amount of the bond. Such bond shall be conditioned for the faithful performance by the Corporation Counsel of all the duties of his office and the account- ing for and payment of all moneys belonging to the city coming into his hands. Duties. § 4. He sluill be and act as the legal adviser of the Common Council and of the several officers, boards and commissions of the citj', and such officers, boards and commissions shall not employ other counsel. Duties. — Not to serve county. § 5. He shall appear for and protect the rights and interests of the city in all actions, suits and proceedings brought by and against it or any city officer, board or commission of the city in his or its official capacity. But it shall not be his duty to appear for or defend the actions of a city officer when such act was by law performed for and in the interests of the county. Certificate to be indorsed by him on contracts and bonds. — To draw deeds, etc. § 6. No written contract providing for the payment of two hun- dred and fifty dollars or more entered into by the city or any of its officers, boards or commissions shall be acted under until there shall be indorsed thereon, by the Corporation Counsel or his assistant, a certificate to the effect that the •city officer, board or commission which has executed the same on behalf of the city had authority and power to make such contract, and that such contract is in proper form and properly executed, and no bond (except those provided for in section ten of title eighteen of this act) shall be accepted on behalf of the city l)y any officer, board or commission thereof mitil it shall have had indorsed thereon a certificate, signed by the Corporation Counsel, or his assistant, to Corporation Counsel. 81 the effect that such bond is proper iu its provisions and properly executed, and that it appears on the facL" thereof that the sureties, if anj', required by law have properly justified and executed the same. The Corix)ratiou Counsel shall draw all the deeds and leases to be made by the city, and whenever requested by the Mayor or directed by resolution or ordinance of the Common Council, he shall prepare and draw up any contract or other i^aper thereby required. To conduct proceedings to acquire title to lands. § 7. He shall conduct all proceedings taken by the city, or any officer, board or commission thereof, for the acquiring of land by the exercise of the right of eminent domain, and for the opening, widening or altering of any street, avenue or lane in said city, or for any other purpose. Costs and allowances. § 8. He shall be entitled to receive, in cases in which the city shall be successful, all costs and allowances which shall be col- lectible from the adverse party, but shall repay to the City Chamberlain all amounts disbursed in the progress of such suits (and which were taxable as disbursements in such suits), which shall have been paid by the City Chamberlain, whenever and as soor> as such amounts are collected. To pay over money collected to Chamberlain. — Inventory. §9. He shall pay over at once to the City Chamberlain all moneys collected by him for or on its behalf, and also all fines and penalties. He shall annually and on the first Tuesday of June in each year file with the Mayor of the city an inventory of all the books and property belonging to the city in his custody or care. May settle claims subject to approval. — Amount in agreement, how paid. § 10. He shall, whenever he considers that the best interests of the city will be subserved thereby, enter into agreements, in wi'iting, subject to the approval of the Mayor and Board of Finance, to compromise and settle any claims against the city, which agreement shall be forthwith submitted to the Mayor, who sliall, if he approves of it, recommend its adoption by the Board of Finance, and if approved by the Board of Finance such agree- 6 82 Charter of the City of Albany. ment shall be reported to the Common Council at its next meeting, and bo and constitute a valid obligation against the city, and the amounts therein provided and to be paid shall, with interest thereon at six per centum from its date, be included in the next city tax budget, and when raised by tax be paid to the claimant. If, however, before the adoption of said ■city tax budget there shall be received by the Chamberlain of said city from any source any moneys not otherwise appropriated to any specific use, said amounts in said agreements provided to be paid shall be paid out of said moneys so received, so far as said moneys will satisfy the same. (As amended by chapter 286, Laws of 1891, sec. 29.') Counsel in important cases, employment of. §].]. The Corporation Counsel, with the written consent of the Mayor, may employ counsel at such compensation as may be agreed upon, to assist him in the management and conduct of important cases or proceedings in which the city is interested or a party. To report judgments against city. — Amount, how raised and paid. — Execution shall not issue, exception. — Payment from revenues. § 12. The amount of any judgment recovered against the city of Albany and payable by said city, and remaining unpaid, with the interest due, and to become due thereon, in case no appeal is intended to be taken or in case such judgment is finally afflmied on an appeal taken, shall be reported by the Corporation Counsel to the Common Council immediately after the same shall have become payable; and such amount shall be raised in the next levy of taxes for the expenses of the said city. Such judgment shall be paid out of the first moneys paid into the city treasury on account of such levy, in the order of their recoveiy. Until the money so raised shall be paid into the troasuiy and payment of said judgments refused by the Chamberlain of the city, no execu- tion shall issue against the said city, unless the amount of such judgment shall not have been included in the tax levy as afore- said; provided, nevertheless, if there be any moneys in the treas- ury to the credit of the fund derived from the revenues of the city other than taxation, sufficient to satisfy said judgments, the Common Council shall direct the payment therefrom of said judgments in the order of their recovery. (Added by chapter 286, Laws of 1891, sec. 30.) Chamberlain. 83 TITLE VI. Chambeklain. Chamberlain, duties of. Section 1. The Chamberlain of the city of Albany shall receive all the moneys due, or payable to the corporation, and shall collect all assessments, apportionment and rents. § 2. He shall receive and disburse all moneys raised by tax in the city, including the money raised by county tax for the main- tenance of the alms-house therein. Salary. — Deputy. — Clerk. § 3. He shall receive a salary of thirty-five hundred dollars per year, payable monthly. He shall have power to appoint a Deputy Chamberlain, with the approval of the Mayor, who shall receive a salary of fifteen hundred dollars per year, payable monthly. He may also employ such additional clerical assistance as to him may seem necessary, at an expense not to exceed the sum of one thousand dollars per year. Said deputy shall assist the Chamber- lain in the discharge of his duties, and, together with any addi- tional clerks, be subject to his direction therein and may be dis- missed by him. (As amended by chapter 64, Laws of 1890, sec. 3.) Official bonds. § 4. The Chamberlain and his deputy shall each give a bond to the city, with sureties, to be approved by the Mayor, in such penalty as the Common Council may direct, but not less than ten thousand dollars in the case of the Chamberlain, conditioned for the faithful performance of the duties of such office, and the accouuting for and paying over of all moneys coming into his hands. ' Board of audit. — False swearing to be perjury. §5. The Mayor, Chamberlain and President of the Common Council shall be a board of audit and shall examine, audit, adjust and settle all accounts, claims, debts and demands which are payable out of the moneys in the Chamberlain's hands appropri- ated to the maintenance of the alms-house; and in auditing any claim such board is authorized to issue subpoenas to the claimants or any other person to compel their attendance before it; and to examine any person or persons under oath, to be administered by 84 ' Charter of the City of Albany. it, in regard to any accounts, claims, fJebts, or demands. Such examination shall be reduced to writing, and be signed by the person examined. False swearing on such examination shall con- stitute the offense of perjury, and a failure or refusal to obey any subpoena so issued shall be punishable by the County Court of Albany county, on proof of such failure or refusal, in like manner as a failure or refusal to obey a subpoena issued out of such court. Certificate of allowance. § 6. AVhenever a claim of the nature mentioned in the last sec- tion shall be allowed by the said board, in whole or in part, there shall be attached thereto, or indorsed thereon, a certificate of allowance, to be subscribed by the persons in favor of the allow- ance, specifying the amount at which it is allowed, the name of the claimant and the date, and the account shall thereupon be paid by the Chamberlain if there be money in his hands properly applicable to the pajanent thereof. Reasons for disallowance to be filed with claim. § 7. Whenever a claim shall be disallowed in whole or in part, the Chamberlain shall file in his office, with the original bill, the examination, if any, had before said board, and also a memo- randum stating the reason for such disallowance. Claims to be presented in form of accounts. § S. All such claims and demands must be presented in the form of accounts, itemized and verified as hereinbefore pro- vided for. Report of claims audited. § 9. It shall be the duty of the Chamberlain to report to the Common Council, within twenty days after the audit by said board of any bill or claim, briefly the number of such bill or claim, the amount thereof, the name of the claimant, the nature of the work done or materials furnished, which statement shall be filed with the Clerk of the Common Council and be by him presented to and printed in the journal of that body. Chamberlain to pay accounts, etc. § 10. The Chamberlain shall pay all accounts, claims, debts v.vA demands in which the city of Albany is concerned. Such Chamberlain. 85 claims as are audited by tlie Common Couucil shall be paid upon the presentation of the original itemized voucher of the claim, debt or demand, certitied to bj^ the Clerk of the Common Couucil that the same has beeu audited and allowed by the Common Council and approved by the Mayor. And it shall not be lawful for the Chamberlain to pay any claim, debt or demand unless so certified to, except where by express provision of law the Chamberlain is directed to pay such claims, debts or demands on the warrant of some citj' officer, board or commission, and except claims duly audited and payable out of the alms-house appropriation; and excepting the customary disbursements of the Board of Finance, which may be paid without such voucher, but which shall be charged and included in a schedule to be presented to the Common Council, at its regular monthly meeting. Claims exceeding twenty-five dollars to be paid by checks. § 11. All claims exceeding twenty-five dollars shall be paid by checks on the bank in which thef moneys of the city shall be deposited. Such checks must be signed by the Chamberlain and countersigned by the Receiver of Taxes. Monthly report of moneys received and expended. — Account books. § 12. It shall be the duty of the Chamberlain to report to the Common Council, once in each month, the amount of moneys received by him during the preceding month, and from what sources received, and the amount expended for each of the depart- ments, boards or commissions, which report shall be printed in the journal of that body. He shall keep just and true accounts and books of all the affairs thereof, and shall furnish statements of its affairs, in addition to his monthly reports, whenever required by the Mayor, Common Council or Board of Finance. Annual report to be made and what to contain.— Annual state- ment to be furnished by board, departments, etc. § 13. It shall be the duty of the Chamberlain to report to the Common Council at its first regular meeting in November in each year, the amount received by him for and on account of each of the several city officers, commissions, boards and departments of the city, including the alms-house, and the sources from which the several amounts were received. He shall also state, under oath, the expenditures made by him for the several purposes of such 86 Charter of the City of Albany. oflBcer, commissiou. board and department as much in detail as practicable, and also the balance appearing by his books to the credit of each. It shall be the duty of each commission, board, department and officer authorized to contract for the doing of any work or the furnishing of any materials or to incur any lia- bility therefor, which is to be paid for out of any funds in the hands of the Chamberlain, to furnish to said Chamberlain ou the thirty-first day of October in each year a detailed statement, duly verified, showing what claims or demands, except for sala- ries, wages and rent, have arisen or been incurred by or under their or his order or direction respectively up to that date which have not been paid by the Chamberlain, and the Chamberlain shall make an abstract of such reports and include such abstract in his report to the Common Council. Report as to assessment payments and sales. § 14. The Chamberlain shall also report the actual amount of money which shall have been received at his office during the year ending ou the first day of said November, on account of each assessment and apportionment for any work and improve- ments or for the change of grade or level of streets which shall have been approved and confirmed during said year, the manner in which he has disposed of the money so received, and the real estate or other property purchased by him for the city because of the non-payment of any tax or assessment upon such property, and the aggregate sum for which said property was purchased, which sum, or any portion thereof that may be due by reason of such purchase, with interest thereon to the first day of January thereafter, shall be included in the city tax budget, be raised by tax and paid to the parties entitled thereto. The amount which may be realized by the city from collections, or from the sale of any property for the non-payment of such balances, and all moneys received from the sale of any real estate owned by the citj'. when received, shall, from time to time, be applied to and made part of a fund to be created for the purpose of defraying any expense thereafter incurred by the city of Albany in making any of the purchases in this section referred to. (As amended by chapter 242, Laws of 1887, sec. 1. and by chap- ter 28G. Laws of 1891, sec. 18.) Moneys to be credited trustees of sinking fund. § 15. All moneys received by the Chamberlain in payment of the principal of the loan to the corporation heretofore known as Oea mberla in. 8 7 the Albany and Schenectady Railroad Company, or any part thereof, or in payment of moneys expended for the purchase of ground or otherwise by said city for its depot, or for the change of the eastern termination of the road of said company, or for rent, shall be credited by said Chamberlain, immedi- ately upon the receipt thereof, to the trustees of the sinking fund, to be by them applied to the payment of the public debt of said ciy hereinafter referred to. Moneys to be collected by tax, how to be applied. § IG. The moneys collected by tax or other\vise, for the expenses of the city government, or for any specific purpose or object whatever, shall be applied by the Chamberlain to the payment of such expenses and for such purpose or object and to no other. And it shall not be lawful for the Chamberlain to apply any money collected or appropriated for one purpose to any other pur- pose; nor shall it be lawful for the Common Council to direct or order him to do so. In case any moneys have been or may hereafter be raised by tax or otherwise by the corporate authority of the city for any specific pui-pose or object, and that purpose or object shall have been fully completed and accomplished, and there shall remain in the custody of the Chamberlain of the city any unexpended balances of the moneys raised as aforesaid, it shall be the duty of the Chamberlain and he is hereby required to pay over any such balance or balances on the first day of January in eat-h year to the trustees of the general debt sinking fund of said city, and the same shall be by them applied and used in the same manner as other moneys received by them are used and applied in the payment of the bonded debt of the city, according to the provisions of section three of title eight of this act. Payments to contractors. § 17. After any work under contract, the cost of which is to be paid by assessment or apportionment, shall have been completed and accepted, and the assessment and apportionment confirmed as required by law, and proof thereof shall have been filed with the Chamberlain, the said Chamberlain is hereby authorized and directed to pay to the ■contractor or his assigns, from time to time, as such assessments and apportionment are collected, the sum or sums due for the work done imder said contract, together with the interest thereon from the fifteenth day after the con- 88 Charter of the City of Albany. firmation of said assessment and apportionment, at the rate of six per cent, per annum; and in case the Chamberlain fails to col- lect the whole or any part of the sum due on said apportionment, by sale of the premises assessed as hereinafter provided, or other- wise, then he is authorized and directed to pay said contractor the balance due out of any moneys in his hands not otherwise appropriated, with the interest thereon as aforesaid. And should the moneys in the hands of said Chamberlain prove insufficient for such purpose, then the amount of said balance shall be levied and ■collected in the next annual tax budget. (As amended by chapter 242, Laws of 1887, sec. 2, and by chap- ter 18, Laws of 1894, sec. 1.) Houses and lots to be advertised and sold. § 18. It shall be the duty of the Chamberlain of the city, as often as once in three months, and at such other times as the Common Council may direct, to advertise all houses and lots and franchises upon which any assessment or apportionment has been levied and confirmed, and to sell the same in accordance with the provisions of this act. Commissioner of Arrears. Chapter 806, Laics IS^J^, § 11, relates to the duties of the Chamberlain, and is, therefore, inserted : [§ 11. The Chamberlain of the city of Albany shall, between the first day of January and the first day of July, eighteen hun- dred and ninety-five, appoint a competent person, who shall be an attorney and counselor-at-law, and shall be known as the " Commissioner of Arrears," who shall examine the books in the office of the Chamberlain of the city of Albany and in the office of the County Treasurer of Albany county, and before January first, eighteen hundred and ninety-six, take therefrom transcripts and prepare a schedule of all sales to the city of Albany prior to January one, eighteen hundred and ninety-four, for unpaid assessments in the Chamberlain's office and for unpaid taxes or water rates in the office of the County Treasurer, and shall, by reference to the map, if any, upon which the property so sold shall be laid out, or from any other record, monument or source of information prepare an accurate description of each piece of property which shall have been sold, and shall arrange such descriptions by the streets, stating, among other things, the side of the street and between what cross streets the property is Ghamberla in. 8 9 located, aud the law, resolutiou or other authority pursuant to which the assessment for auy city improvement was made, the date of confirmation of the assessment, and the date of the sale, the term of years for which the sale was made, aud the amount paid by the city upon such sale, together with interest for two years succeeding the same, at the rate of one per centum per month, or up to January one, eighteen hundred and uinety-six, and the aggregate of such purchase price aud the interest. He shall thereupon, immediately after January oue, eighteen hun- dred and ninetj--six, cause a notice (in which shall be incorpo- rated the several matters of description and the several amounts, together with the laws and dates aud other matter required to be stated in such schedule so to be prepared by said Commissioner of Arrears) to be printed in the several newspapers in the city of Albany designated to publish official notices, once in each weeli for six consecutive weeks, that such property may be redeemed from such sale or sales, or any or either one of them, by the paymeul to the Chamberlain of the city of Albany, where the property has been sold for assessments for city improvements, or to the County Treasurer of the county of Albany where the property has been sold for unpaid taxes or unpaid water rates, of the sum or sums so found to have been paid by the city of Albany on all, any one or either of such sale or sales, together with interest thereon as above prescribed, at any time within six Aveeks after the first publication of such notice; and if such payment shall not be made the unexpired tenu of the term for years for which said several pieces of property were respectively purchased by the city, will be sold at a time and place to be stated in said notice to the party who shall bid the highest sum therefor, to whom a convey- ance thereof will be made by the city of Albany. It shall be the duty of the Commissioner of Arrears, at the time and place specified in such notice, to sell at public auction to the highest bidder the several pieces of property in said notice described which shall not have been redeemed by the payment to the Cham- berlain of the city of Albany or the County Treasurer of the countj' of Albany of the entire aggregate sum fouud to be due therefrom as above stated; and it shall be the duty of the Cham- berlain of the city of Albany and of the County Treasurer of Albany county to attend at such sale and to receive and receipt for the sums bid thereat, of which twenty per centum shall be paid down at the time of the sale and the balance upon the deliv- ery to the purchaser of the deed of the premises, to be made at 90 Charter of the City of Albany. a time to be prescribed in said notice of sale. It shall be the fur- ther duty of the Commissioner of Arrears to prepare deeds of conveyance of the several pieces of property which shall be sold for the unexpired term of the term then most nearly expired, for which they were respectively purchased by the city of Albany, to the respective purchasers thereof, which deeds shall provide that the conveyance is made Avithout recourse to the city of Albany by the purchaser, or any liability on its part for any fail- ure or defect of title to the premises thereby conveyed, except as in this section otherwise expressly provided. The purchaser at such sale shall, immediately upon the recording of such deed, be entitled to the possession of the premises therein described, and shall be and is authorized to take and maintain and recover such possession against any occupant or occupants thereof by summary proceedings instituted under title two of chapter seven- teen of the Code of Civil Procedure in the same manner as if such purchaser were the landlord and the occupant or occupants were a tenant or tenants holding over after the expiration of their term. It shall be the duty of the Mayor to execute on behalf of the city of Albany and afRx its seal to all deeds so prepared, and to acknowledge the same as the act and deed of the city of Alba.ny Whenever the purchaser imder any such deed shall cause the same to be recorded in the Albany County Clerk's office, and shall, during a period of one month from and after the time that such deed shall have been recorded do such acts in relation to the premises in said deed described for such period of one month as, under section three hundred and seventy of the Code of Civil Procedure, would constitute an adverse posses- sion by a person claiming a title founded upon a written instru- ment or a judgment or decree, the conveyance to him shall be prima facie evidence of his title thereto for the period of time in such conveyance stated and of the regularity of all acts and pro- ceedings theretofore taken, and that all proper acts and proceed- ings were taken in reference to the assessment and the sales thereof, and after a period of two years from and after the date at which such deed shall be recorded, irrespective, in the case of any land vacant or unoccupied at the time of the sale, of any possession thereunder; such deed shall be conclusive evidence of such title of the purchaser to the term in said deed, stated in such premises in said deed described; and no action shall be brought or maintained after the expiration of such two years for the recoverj' of the possession of such premises by any Chamberlain. 91 person ciaiming title thereto iu bis owu right or through convey- auce from another as of a date prior to the date at which the assessment for city improvements or fur taxes or water rates, or any one of several such assessments, as the case may be, shall have been made, under which the purchase Avas made by the city of Albany. In any action or proceeding brought or instituted by a purchaser or against a purchaser at such sale pursuant to this act, to recover any laud sold thereunder, it shall not be a good or sufficient ground of objection to the proceedings pursuant to which any sale was had under this act or under any assess- ment for local improvements or a tax or water rate, that any act was not done or that any provision of law was not complied with, where such act or provision might have been dispensed with or not requix-ed by the legislature of the State of New York iu the enactment providing for any such assessment or the collection of any tax or water rate. In any case in which an action shall have been brought for the recovery of any lands by or against any purchaser at any sale had under the provisions of this sec- tion, within two years after such sale, and due notice of the bringing of such action and an opportunity to appear and prose- cute or defend the same shall have been given and afforded to the Coiijoration Counsel of the city of Albany, where final judg- ment shall be rendered therein against the purchaser at such sale, his legal representatives or assigns, adjudging the title conveyed under the provisions of this act to be invalid, there shall be paid back to the purchaser at such sale, his legal representatives or assigns, by the trustees of the sinking fund, the amount of money bid by him at the sale to the extent of the sum due, as ascer- tained and determined by the Commissioner of Arrears, to the city of Albany, and paid to the trustees of the general debt sink- ing fund. It shall be the duty of the Chamberlain of the city of Albany and of the County Treasurer of Albany county to deposit in a separate account kept with such fund all moneys I'eceived by either of them on such sale over and above the amount which shall in such notice of sale be stated to be due to the city of Albany for the amount paid by it at the time of its purchase of the premises, with interest thereon, as prescribed herein, to be held subject to such order or decree of the Supreme Court of the State of New York, as may be made at any special tenn thereof upon due notice to the Corporation Counsel of the city of Albany of an application by any claimant therefor. The moneys retained by the City Chamberlain and by the Countj^ Treasurer of Albany county as the amounts due to the city of Albany shall be by 92 Charter of the City of Albany. them respectively paid to tlie trustees of tlie general debt sink- ing fund of the city, to be applied in extinguishment of the prin- cipal of the general debt thereof. Where any lot shall have been sold under more than one assessment, either for local improve- ments or for taxes or water rates, and purchased by the city of Albany, the several sales shall be each separately enumerated in the schedule of property to be prepared hereunder, and the amount due to the city of Albany as therein stated shall be the aggre- gate of the several amounts paid by the city on such several sales, with the interest on each as above prescribed added thereto; and where different parcels of one larger lot shall have been so sold at different times the Commissioner of Arrears shall describe the lot in several parcels and shall apportion the amount due for any sale or sales which shall be made of parcels larger than the pieces so described by him among the several smaller pieces so described, in proportion to the amount of land included in each. ■ The said schedule of property so to be prepared by the Com- missioner of Arrears shall be dated and signed by him. and shall be filed with the Chamberlain of the city of Albany, and when so filed shall be presumptive evidence of the truth of the facts and the accuracy of the figures and dates therein specified. The Mayor of the city shall fix the compensation to be paid to the Commissioner of Arrears, not to exceed in the apportionment made in the year eighteen hundred and ninety-five, the sum of twenty-five hundred dollars, which sum shall be paid by the Chamberlain of the city of Albany, from time to time, upon the written certificate of the Mayor of said city. The Commis- sioner of Arrears shall pay all expenses incurred in such work out of the compensation so fixed by the Mayor, except the cost of publication in the city newspapers, which shall be paid by the Chamberlain of the city of Albany out of any moneys appropri- ated for that pun^ose. or, if none be so appropriated, out of any money in his hands not otherwise specifically appropriated.] TITLE YII. Receiver ok Taxes. Salary, deputy, etc. Section 1. The Receiver of Taxes shall receive an annual salary of three thou-sand five hundred dollars, payable monthly, and shall have power to appoint a Deputy Receiver, with the approval of the :Mayor. at a salary of eighteen hundred dollars p(>r year, payable monthly. Such deputy shall hold office during the pleasure of the Receiver of Taxes. ^ Receiver of Taxes. 93 Official bonds. § 2. The Receiver of taxes and bis Deputy sball each give a bond to the city, with such sureties, to be approved by the Mayor, and in such penalty as the Common Council may direct, but not less than ten thousand dollars in the case of the Receiver of Taxes, conditioned for the faithful performance of the duties of his office, and the accounting for and payiug over of all moneys ooming into his hands. Duty to receive taxes, etc.— Shall pay to County Treasurer prior to January fifteenth, ^50,000. § 3. It shall be the duty of the Receiver of Taxes to receive all taxes, as now provided by law, and to retain in his possession in the said office the assessment-rolls and warrants which shall from time to time be delivered to him by the Supervisors; to enter daily, in suitable books to be kept for that purpose, among other things, the date of payment, the ward for or on account of which the payment is made, and in suitable columns, the name of the persons or coiTorations on whose account any taxes shall be paid, the amount of the tax so paid as it appears upon the assessment-roll, the amount of interest deducted therefrom or added thereto, as may be authorized by law, and the said several columns shall be footed up at each date when the rate of interest so to be deducted or added shall change. It shall further be the duty of the Receiver of Taxes, from time to time, to enter in a column to be made for that purpose, in the assessment-rolls, in his possession, opposite the names of the persons who are men- tioned thereon, and who shall pay their taxes as aforesaid, to the Receiver of Taxes, the fact of such payment, the amount thereof and the day when paid. And he shall, at the expiration of the office hours each day. exhibit such entries to the Chamber- lain of the city of Albany, and pay over to the said Chamberlain the amount so received on such day until he shall have paid over to said Chamberlain the whole amount specified in the warrants to be paid to the said Chamberlain; provided, however, that out of the whole amount so received the Receiver of Taxes shall, prior to the fifteenth day of January, in each year, pay over to the Treasurer of Albany County at least fifty thousand dollars of the amount to be paid to said Treasurer, as hereinafter mentioned. It shall then be the duty of the said Receiver to pay over in the same manner his daily receipts to the Treasurer of the county of Albany until there shall remain unpaid upon the face of the assessment-rolls, for taxes, an aggregate amount equal to and not 94 Charter of the City of Albany. exceeding the amount of the State tax, as mentioned in and levied under the tax budget as and for that portion of the State tax imposed upon Albany county, chargeable to the city of Albany. Said ReceiA'er of Taxes shall then and thereupon notify the County Treasurer of such fact, and all moneys thereafter received by such Receiver of Taxes shall be paid over to and received by the County Treasurer as a deposit in a special account for the ]iayment of the State tax. due from the city of Albany, and a separate account shall be kept therewith by the County Treasurer, who shall at once apply the same, or so much thereof as may be necessary, to the payment of any note theretofore issued under the provisions of section twenty-two of this title, and any part thereof not required for that purpose shall be held by him and applied upon the State tax as hereinafter provided for. The entries of receipts of the water rates shall be made by the Tax Receiver in like form as is above provided for in case of the receipt of taxes. (As amended by chapter 303, Laws of 1885, sec. 1, and by chap- ter 806, Laws of 1895, sec. 10.) Penalty for making false entries. § 4. It shall be a misdemeanor, punishable by imprisomnent not exceeding six months and a fine not exceeding five hundred dol- lars, for the Receiver of Taxes or any person in the employment of the city, or for the County Treasurer or any person in the employment of the county, to enter in his books any payment of taxes or water rates as of a day different from that on which tlie same is paid or to accept any less sum for such tax or water rate than the amount by laAv required to be paid, when such tax or water rate is in fact paid, or to throw off or deduct from the sum due any interest collectible thereon, or to make any false or untrue entry with respect thereto. Clerks, expense of. § 5. The Receiver of Taxes shall have power to appi/uit and employ one or more clerks, at an expense not to exceed twelve hundred dollars in all. to assist him during the months of Decem- ber, .January and February in each year, wlio shall eadi receiv*: a salary to be fixed by the Receiver of Taxes and approved by the Mayor. (As amended by chapter 913, Laws of 1895, sec. 1.) Heceiver of Taxes. 95 Assessment-roll and tax warrant. § 6. The Board of Supervisors of the county of Albany shall cause the corrected assessment-roll of each ward in the city of Albany to be delivered to the Receiver of Taxes for said city, on or before the tenth day of December in every year. To each assessment-roll so delivered to the said Receiver a warrant, under the hands and seals of the members of the Board of Supervisors, or a majority of them, shall be annexed, commanding such Receiver to collect from the several persons named in the assess- ment-rolls the several sums mentioned in the last column of said roll opposite their respective names, and to pay over the same in the manner directed in said warrant. Notice of receipt of warrant and of time within which taxes must be paid to be published. § 7. The said Receiver, upon receiving the said assessment- rolls, shall, within five days thereafter, •cause a notice to be pub- lished in the oflieial papers of the city for twenty days, that the assessment-rolls and waiTants for the several wards have been received by him; and that all persons named therein are required to pay their taxes at his office on or before the first day of April next ensuing; and that upon all taxes paid before the first day of Februaiy succeeding the delivery of the assessment-roll, as aforesaid, a deduction of one per centum will be allowed on the amount of the taxes so paid; that on all taxes paid on and after the first day of Febniary and before the first day of March a deduction of one-half of one per centum will be allowed on the amount of the taxes so paid; and that on all taxes paid on and after the first day of March and before the first day of April next ensuing there shall be neither interest charged nor discoimt allowed: and upon all taxes paid after the first day of April and before the thirty-first day of December next ensuing one-half of one per cent, per month on the amount of taxes to paid will be charged: and said Receiver of Taxes is hereby authorized to make such deduction and required to charge and collect such percent- age, which said percentage shall be paid over and accounted for by the said Receiver as part of the taxes collected by him. CAs amended by ch.ipter 91.3, Law? 1895, § 2 ) Notice of unpaid taxes, April first. § 8. If any such tax shall remain unpaid on the first day of April after the delivery of the assessment-rolls and warrants to 96 Charter of the City of Albany. the said Receiver of Taxes, lie shall immediately thereafter cause notice, in writing, of the tax to be given to every person residing in the said €ity or transacting business therein, from whom the same shall be due, specifying therein the amount of such tax and the percentage which shall accrue thereon, and requiring such person to pay the same to the said Receiver of Taxes before the thii'ty-first day of September of the same year, at his office, and also stating that if such tax is not so paid that the same will, on said thirty-first day of December, be placed in the hands of the County Treasurer for collection, and that the County Treasurer will add to and collect interest on such tax, if paid to liim, at the rate of one per centum per month, to be computed from the first day of April preceding the date of the return thereof to him for collection. (As amended by chapter 913, Laws 1895, § 3.) Service of such notice. § 9. Such notice shall be served by the Receiver of Taxes by depositing the same, inclosed in a securely-sealed post-paid enve- lope, in the Albany post-office, addressed to the person to be be served at his address as given in the last city directory, or to him at Albany, New York; and the said notice so served shall be deemed a full compliance with the statute, which requires a collector of taxes to call at least once on the person taxed, or at the place of his usual residence, and demand the payment of the taxes charged to him on his property. (As amended by chapter 398, Laws 1888, §2, and by chapter 913, Laws 1895, §4.) (fChapter 398, Laws of 1888, sec. 10.] Nothing in tliis act contained shall be construed to affect the service, form or manner of service of the notice or the proof of such service in connection with the collec- tion of the taxes, for the year eighteen hundred and eighty-seven, required by sections eight and nine of title seven of the act hereby amended as required by the provisions of said act; or"- to affect the collection by the Receiver of Taxes of the percentage paid the City Marshal upon said taxes for the year eighteen hundred and eighty- seven, as required by the act hereby amended, taut such notices shall be served and percentage collected as if this act had not been passed.) Publication of same. § 10. The said Receiver of Taxes shall also, immediately after the first day of April, cause a notice to be published in the official newspapers of the city of Albany, for ten days, notifying all who have omitted to pay their taxes that they are required to pay the same to him at liis office, before the thirt.y-flrst day of December ensuing, and also stating that if such tax is not so paid that the same will, on said thirty-first day of December, be phucil ill the hands of the County T'-oasurer for collection, and Receiver of Taxes. 97 that the County Treasurer wfll add to and collect interest on such tax, if paid to him, at the rate of one per centum per month, to be computed from the first day of April preceding the date of the return thereof to him for collection. (As amended by chapter 913, Laws of 1895, sec. 5.) Affidavit of service. — Affidavit of publication. — ^Interest to be added after April first. § 11. It shall be the duty of the Receiver of Taxes to make in duplicate and tile in the office of the Clerk of the County of Albany, and also in his own office, on the said first day of April, or within fifteen days thereafter, an affidavit of the service of the notice required by the eighth and ninth sections of this title of this act, which affidavit shall be substantially as follows: That he has served upon each person residing in the city of Albany or transacting business therein, whose tax appeared by the assessment-rolls in the office of the Receiver of Taxes to be unpaid on the first day of April, after the delivery of the assess- ment-rolls to the said Receiver of Taxes, the notice required by sections eight and nine hereof, a copy of which notice shall be attached to the affidavit, by depositing a copy of such notice inclosed in a sealed post-paid envelope, addressed to each person, respectively, whose taxes so appeared to be unpaid, at his or her address as given in the Albany city directory, or at Albany, New York, in the post-office in the city of Albany; and also to pro- cure in duplicate and file in the same offices, within the same time, an affidavit of the publication of the notice required by the tenth section of this title of this act; and it shall be the further duty of the said Receiver of Taxes to charge, collect and receive upon all taxes remaining unpaid on and after the first day of April interest at the rate of one-half of one per centum per month, to be calculated from the first day of April, when the said taxes were payable, and such percentage shall be added to all such taxes as follows: One-half per centum per month of the amount thereof on the last day of April, and thereafter one-half per centum per month of the face of such tax on the last day of each and every month up to and including the month of Decem- ber following. (As amended by chapter 398, Laws of 1888, sec. 3, and by chap- ter 913, Laws of 1895, sec. 6.) § 12.' [Repealed by chap. 398, Laws 1888, § 4.] § 13. [Repealed by chap. 398, Laws 1888, §4.] § 14. [Repealed by chap. 398, Laws 1888, § 4.] , 7 98 Charter of the City of Albany. Receiver of Taxes to deliver account of unpaid taxes to County- Treasurer. — Verification. — Discharge of Receiver of Taxes from liability.— Book of unpaid taxes to be kept by County Treasurer. — Water rates to be entered like taxes. § 15. In case any of the taxes meutioned in the said assessment- roll remain unpaid or uncollected on the thirty-first day of Decem- ber succeeding the deliveiy of the said rolls to the Receiver of Taxes, up to which time all money paid on account of such taxes shall be paid to the Receiver of Taxes, the Receiver of Taxes shall deliver to the County Treasurer on the said thirty-first day of December in each year an account, to be entered in one of the books containing the description of the unpaid taxes, of the sev- eral amounts collected by him for taxes, and of the amount of taxes then remaining due, with a description of the property liable for the same, as described in the assessment-roll, making oath before the County Treasurer, or, in case of his absence, before the Mayor or Recorder of said city, to be duly entered after such statement, that the sums mentioned in such account remain unpaid and uncollected, and said Receiver of Taxes shall thereupon be discharged from all liability for the amount uncol- lected by him. and shall be credited therewith by the County Treasurer. To all taxes paid to the County Treasurer there must be added and collected interest thereon at the rate of one per centum per month, to be computed from April first preceding the date of the return thereof to him. It shall be the duty of the County Treasurer to enter in a suitable booli. to be kept by him for that purpose, among other things, the date of each pay- ment made to him for the uncollected taxes so rr nrned to him as aforesaid by the Receiver of Taxes, the ward' for and on account of which the payment is made, the name of the person or cor- poration on whose account any taxes shall be paid, the amount of the tax so paid as it appears upon the assessment-i-olls, the amount of interest added thereto as may be authorized by law, and the said several columns shall be footed up at each date when the rate of interest so to be added shall change. He shall also enter in the liooks of returned taxes delivered to him by the Receiver of Taxes the fact of such payment, the amount thereof, and the day when it was made. He shall credit the city of Albany in the special account, mentioned in section throe of this title, with all moneys so collected for such return taxes and the interest thereon, and whenever there shall stand to the credit of the city of Albany as much as one thousand dollars in said special Receiver of Taxes. 99 account he shall pay the same upon and in reduction or extin- guishment of any note given by him under the provisions of section twenty-two of this title, and in making such note the privilege of making such payment shall be reserved by the County Treasurer, and no interest shall thereafter be paid upon any sum so paid in reduction or extinguishment of said note. The entries of receipts of the water rates shall be made by the County Treas- urer in like form as is provided for in the case of the receipts of taxes, and the statement of the Receiver of Taxes of the unpaid water rates shall be made and verified in like manner as the statement of unpaid taxes made to the County Treasurer. (As amended by chapter 303, Laws of 1885, sec. 2; by chapter 398, Laws of 18S8, sec. 5; and by chapter 913, Laws of 1895, sec. 7.) Notice of errors to be given to Assessors. § 16. It shall be the duty of the Receiver of Taxes, whenever he shall discover any inaccuracy or error in the assessment-books, in the name of any person or the description of any property, to give the assessors notice thereof in writing. Penalty for misappropriating public money. § IT. If any officer of the city of Albany, charged with the receipt, safe keeping or disbur.sement of the public money belong- ing to said city, shall convert to his OAvn use, in any way what- ever, or shall use by way of private investment any kind of pub- lic property, or shall loan, with or without interest, any portion of the public money intrusted to him for safe keeping or disburse- ment, or for any other purpose, every such act shall be deemed . and be adjudged to be an embezzlement of so much of the said moneys or property as shall be thus taken, converted, invested, used or loaned, and is hereby declared to be a felony; and every such officer and all persons abetting or participating in such act, being convicted thereof before any court of competent jurisdiction, shall be sentenced to imprisonment for a term not less than one year nor more than five years, or to a fine equal to the amount of the moneys or property so embezzled. Duty of County Treasurer and Assessors as to taxes on lands imperfectly described. — Supervisors to reassess rejected taxes. § 18. The County Treasurer shall examine the accounts of arrears of taxes received from the Receiver of Taxes, and shall 100 Charter of the City of Albany. reject all taxes on land that shall then or thereafter be found to be impei'fectly described, and all taxes so erroneously assessed, in form or substance, that the collection of the same cannot be enforced, and shall deliver a transcript tliereof to the assessors of the city of Albany, who shall return it witli their rolls of the succeeding year to the Board of Supervisors at their next meet- ing. The Supervisors shall charge the lauds or persons intended to have been assessed for the said rejected taxes with the amount of the same respectively, adding thereto the interest in arrear at the rate of six per •centum per annum, to be calculated from the first day of April, when the said taxes were payable, stating the tax for each year, with the interest separately, and shall direct the collection thereof in the same manner as the taxes of the year. The Supervisor of the ward to which such rejected taxes shall be assessed on account of any imperfection in tlie description of the lands assessed shall, together with the Board of Assessors, cause a correct description of such lands to be entered in the next assessment-roll. (As amended by chapter 913, Laws of 1895, sec. 8.) County Treasurer to collect taxes after return. — May maintain an action. — Expenses added to costs of suit. — Application and credit of amount recovered. § 19. In any i-ase in which any tax on real or personal property, or both, shall be returned uncollected in whole or in part, and the said Receiver shall have been discharged from liability there- for, the County Treasurer shall collect the tax and may maintain an action for the recovery of the amount so remaining unpaid and uncollected, with interest at the rate of one per centum per month, as provided in section fifteen of this title, to be collected from the first day of April prior to the return thereof to the County Treasurer, in his name of office, against the person or coriioration, liable for such tax, or the representatives of such person or corporation, in any court of competent jurisdiction in which the proceedings, costs, judgments and execution shall be the same, and with like effect as in actions between other public officers and individuals except that ten per centum of the amount of such tax so recovered shall be added to such recovery to cover the expenses of such suit, in addition to costs as allowed by law where such suit was lu-ought for the recovery of a tax on per- sonal property; and the amount collected shall be applied in the same manner as if paid to the County Treasurer by the Receiver Receiver of Taxes. 101 of Taxes; but any interest so collected, except the said ten per centum, shall be credited to the city of Albany. (As amended by chapter 398, Laws of 1888, sec. 6, and by chaD- ter 913, Laws of 1895, sec. 9.) Compensation of County Treasurer. — Fees. § 20. The County Treasurer shall receive as compensation for his services an annual salaiy to be fixed by the Board of Super- visoi-s of Albany county. He shall not receive, to his use, any interest, fees or compensation for his services, except in pro- ceedings for the sales of land for unpaid taxes, in which proceed- ings, in cases where payments are made after the first publica- tion of the notice of sale, or on the sale, he shall receive five per cent, on the amount thereof, to be added to the tax. (As amended by chapter 398, Laws of 1888, sec. 7.) Sale of lands for taxes. — Advertisement. — Expenses to be added to tax. § 21. Whenever any tax charged on real estate returned to the County Treasurer, and the interest thereon at the rate of one per centum per month, to be calculated from the first day of April, as provided in section fifteen of this title, when such tax was payable, shall remain unpaid for one year from the said first day of April, the said County Treasurer shall proceed to adver- tise and sell such real estate in the manner provided by law for the payment of such tax and interest, and for any water rents; and the expense of such sale, which sale shall take place in the month of September following. The expenses of publishing lists and notices and of conducting the sale shall be a charge on the lands sold, and shall be added to the tax and interest. (As amended by chapter 398, Laws of 1888, sec. 8, and by chap- ter 913, Laws of 1895, sec. 10.) Treasurer not to transmit to Comptroller account of unpaid taxes. — County Treasurer may borrow to pay State tax. — Proviso. § 22. It shall not be the duty of the County Treasurer of the county of Albany to transmit to the Comptroller any account of unpaid taxes assessed upon corporations, or upon the lands of residents or non-residents, or of unknown owners in the city of Albany, or any collector's affidavit in relation thereto, nor shall the Comptroller credit the said County Treasurer with any unpaid 102 Charter of the City of Albany. taxes on lands or upon corporations; but the whole amount of any State tax imposed on property in the city of Albany shall be paid by the County Treasurer to the Treasurer of the State on or before the first day of October after the same shall have been assessed upon the real and personal estate of the said city, retaining any compensation to which he may be entitled. If there are not then sufficient funds in the aforesaid special account mentioned in section three of this title, or otherwise standing to the credit of the city of Albany upon the County Treasurer's books, he shall apply to the Receiver of Taxes, who shall certify to him the aggregate amount then still uncollected as appears upon the face of the tax assessment-rolls, in his hands, and the said County Treasurer shall borrow, at not exceeding the legal rate of interest, upon his official note, such sum as may be necessary to enable him, with the amount in the aforesaid special account added to any otlier sums standing to the credit of the city of Albany upon the books in his office, to pay the State tax properly chai'geable to the city of Albany; provided, however, that no such note shall be valid unless it contain an indorsement subscribed by the Receiver of Taxes to the effect that there appears upon the face of the tax assessment-rolls, in his office, an aggregate amount still uncollected equal to or greater than the amount of such note; and in a proper case it shall bo the duty of the Receiver of Taxes to make such an indorsement thereon. (As amended by chapter 303, Laws of 1885, sec. 3.) TITLE VIII. Board of Finance. Trustees of Sinking Fund. — Board of Finance. — Clerk. — Book of minutes. — Votes by ayes and noes. Section 1. The Common Council shall, at its first meeting in January, eighteen hundred and eightj^-four, and every third year thereafter, appoint a citizen of said city other than a city offi'cer, who, with the Mayor and Chamberlain of said city shall consti- tute the board of trustees of the sinking fund of the city of Albany, who shall be a body corporate and who, together with the I'resident of the Common Council, one alderman, to be desig- nated by the Common Council, shall constitute the Board of Finance of the city, which said board shall hold its meetings at such time and place as shall l)o designated by a notice signed by the Mayor or any two members of said board, and served upon Board of Finance. 103 the members of said board at least twenty-four hours before the time therein designated for suc-h meeting, either personally or by leaving the same with some person of sufficient age and intelli- gence to understand the purijort thereof at the residence or place of business of any member. All meetings of said board shall be pul)lic, and full and true minutes tliereof shall be kept in a book by the Clerk of the Common Council, who shall be clerk of said board, or, in his absence, by a member of said board to be desig- nated by the board, but the board may have executive sessions for the consideration and transaction of all business which the board may have a right to do by virtue of any law, but any action, decision or resolution taken, made, adopted or offered and the vote thereon and disposition thereof, and all business transacted at such executive session shall be fully and truly set forth in such minutes. Said book of minutes, when not actually in use by the board, shall be kept at the office of the Chamberlain of said city and be open for the examination of any taxpayer. The votes upon all questions affecting the funds under the charge of said board or the investment, payment or other disposition thereof shall be taken by ayes and noes, which shall be entered in the minutes. (As amended by chapter 398, Laws of 1S.S8. sec. 11.) Two banks to be designated in which money received by Cham- berlain can be deposited. § 2. Such Board of Finance shall designate, after notice duly published twice in each week for two weeks in the corporation newspaper, two banks in the city of Albany, which shall give satisfactory security for its safe custody and repayment, in which all money.s received by the Chamberlain shall be deposited, and shall fix by agreement with such banks the amount of inter- est to be paid on such deposits, which interest shall be computed from and exclusive of the day of deposit to and exclusive of the day on which checks shall be drawn on the bank therefor. The board shall have power at any time after publication of the like notice to f-bange the banks of deposit of such moneys. Duties of Trustees of Sinking Fund. § 3. The three members of the Board of Finance who shall act as and constitute the trastees of the sinking funds of the city of Albany shall have the care and direction of such sinking funds, subject to the ordinances of the Common Council. Such funds 104 Charter of the City of Albany. shall be used in the redemption and payment of the city debt, and when there are no city obligations falling due, upon which the same can be applied, they may be invested in any city bonds not due, or in city bonds about to be issued, or in county bonds of Albany county, or may be invested in such other manner as the Common Council may direct, or may be deposited in a bank at such rate of interest as shall be agreed upon until some city bonds fall due, to the payment of which they can be applied. When- ever any city bonds are about to be issued the trustees of the sinking fund shall, at their option, be permitted to purchase so much or so many of them as they may desire, at their par value, for investment in the said sinking fund, and shall hold the same as a part of said sinking fund. (As amended by chapter 242, Laws of 1887, sec. 3.) Board of Finance to determine when bonds other than park bonds to be issued shall fall due. § 4. AVheuever any city bonds, except bonds issued under the acts relating to the Washington park are hereafter issued, it shall be the duty of the Board of Finance to fix and determine the period or periods at which such bonds shall fall due, and in so doing the board shall cause such bonds to be issued in such amounts and to fall due at such times as that the principal of the same shall be fully paid in ten equal annual payments, and it shall be the duty of the Board of Finance each year to certify to the Common Council what sum will be required for that pur- pose, and the Common Council shall cause the same to be raised by tax. Annual report of Trustees of Sinking Fund. — Payment of prin- cipal of certain bonds. § 5. The three members of the Board of Finance who shall con- stitute the trustees of the sinking fund, shall, on the first day of November in each year, present to the Common Council a detailed statement of the receipts and disbursements of each sinking fund during the then past year, the several securities (whether the same have been canceled under the provisions of this act or not) held for each fund, stating the law under and tlie purpose for which they were respectively issued and giving their respective amounts, dates of issue and of maturity and the numbers of the bonds or securities and the rate of interest payable thereon, together witli any other proper description of the same; it shall Board of Finance. 105 also state the amount of cash on hand in each fund, the place of deposit thereof, and the amount of interest paid on such deposit, it shall also state what city bonds maturing during the then past year have been paid out of each sinking fund. Whenever a bond or other security properly payable out of one sinking fund is held as an investment by or for another sinking fund, the amount payable thereon when such bond falls due shall be transferred from the fund out of which said bond or security is payable and credited to ti^e sinking fund holding the same, and the said bond shall be rei^>rted in the next report to the Common Council as paid. The said report to the Common Council shall also state in detail the several amounts in which city bonds have been issued, the dates of their issue, the rate of interest payable, the times when the interest and the principal of the respective bonds respectively fall due. and also the authority under and the object or purpose for which they were respectively issued. Such report shall include the several bonds, whether canceled or not, held as investments by the several city sinking funds not yet due. It shall be the duty of the trustees of the sinking funds to pay therefrom the principal falling due upon city bonds included in the general debt and the Washington park debt, as they severally become due (and not before their maturity) from the respective funds created for their payment. (As amended by chapter 242, Laws of 1887, sec. 4.) City tax budget to be prepared annually by Board of Finance. — Comnion Council to consider and adopt same. § 6. Said board shall annually prepare a city tax budget, which shall include all sums which will be required for all, each and every municipal purpose during the year next following the first day of January thereafter, and shall report the same to the Com- mon Council. Su-ch report shall specify the several puri^oses for which the money should be raised, and the amount required for each purpose, including the amount necessary for the mainte- nance of the police force, the public schools in said city, the Washington park and city parks thereof, and the Common Coun- cil shall consider and adopt the same, with such changes and amendments as shall seem to it proper, except that no changes shall be made in such items thereof as shall relate to the interest, printiipal or sinking fund for the public debt of the city. (As amended by chapter 635, Laws of 1886, sec. 1, and by chap- ter 171, Laws of 1892, sec. 9.) 106 Charter of the City of Albany. Budget to include $35,000 for sinking funds. § 7. In addition to the iuterost on tlie city debt for the ensuing year, and such sums as are otherwise directed by law to be raised and paid into the general debt sinking fund, there shall be included in each city tax budget the sum of thirty-five thousand dollars, and the same shall be raised by tax and shall be credited by the city Chamberlain on the first day of April thereafter, in the account kept by him of the said sinking fund, and shall be paid over to the trustees of the said sinking fund, and together therewith the moneys mentioned in sections fourteen, fifteen and sixteen of title six of this act, including the proceeds of sale of all real estate, or of any lease or interest in any real estate owned by the city, shall be paid into said general debt sinking fund. (As amended by chapter 242, Laws of 18S7, sec. 5.) Duty of Boards of Police, Education and Parks to certify to Board of Finance. — Duty of Board of Finance thereupon. § 8. It shall be the duty of tlie Board of Tolice Commissioners, the Board of Public Instruction, and the Board of Commissioners of Washington Park, each to certify to the Finance Committee, on or before November first, in each year, in detail, the several purposes for which and the amounts in which it will be neces- sary that money should be raised by tax for the purposes of said boards, respectively; and the Finance Board shall insert such amounts without change in the city tax budget to be prei)ared by it. (As amended by chapter 635, Laws of 1886, sec. 2.) When city bond is paid or purchased, Chamberlain to make memorandum in presence of Board of Finance, etc. § 9. Whenever any city bond shall be paid or purchased by the trustees of the sinking fund, or shall be presented for registry, it shall be the duty of the City Chamberlain, in the presence of the members of the Board of Finance, or a majority of them, to make a memorandum of the amount, number, date of issue, and date of payment, and rate of interest of said bond, and the authority under wliich and pun)ose for which it was issued, and after such memorandum has been duly examined and signed by the officers present, in duplicate, one copy shall be filed with the Chamberlain and the other copy with the Clerk of the Com- mon Council, who shall present the same to the Common Council Board of Finance. 107 at its next meeting, and print it in the mimites of that body. Such bonds, if purchased for the sinking fund, or paid, or the coupons thereof only, if they are presented for registry, shall be burned in the presence of such officers, after the aforesaid memo- randum has been made and signed; but interest on all bonds so purchased by the trustees of the sinking fund shall be raised by tax each year and paid into the sinking fund in the same man- ner as if such bonds had not been destroyed. Bonds may be registered. — Transfer of registered bonds, etc. § 10. Any bond which has been heretofore or may hereafter be issued by the city of Albany, including all bonds issued for the construction or improvement of the Washington park, may be registered by an indorsement which shall be made thereon, and be subscribed bj^ the Chamberlain and Mayor, to the effect that such bond has been duly registered in the office of the Cham- berlain, and that the interest shall be paid, at times to be speci- fied, to the person in whose name such bond is registered. No bond shall be registered until the coupons attached thereto shall have been cut therefrom and destroyed, after a memorandum thereof shall have been made to the effect, and in the manner, and signed in duplicate and filed as above provided for. Any registered bond may be transferred by an instrument in writ- ing, duly acknowledged, and such bond shall be registered in the name of the purchaser thereof, whenever such bond shall be pre- sented to the Chamberlain, and there shall be filed with the Chamberlain a written power of attorney in a form to be pre- pared by him, duly executed and acknowledged by the person in whose name such bond is registered, reciting the transfer of such bond and directing and authorizing the Chamberlain to register the same in the name of the transferee. At the time of making such change in the registry of said bond, the Chamberlain shall note upon the bond the name of the person to whom it has been transferred. It shall be the duty of the Finance Board, in the printing of bonds, to provide proper blanks thereon for the reg- istry thereof, and also to provide a proper book to be kept in the Chamberlain's office, in which shall be entered the several mat- ters relating to the several registered bonds required to be stated in the memorandum above mentioned, together with the date of the registry, the name of the owner, and such other matters as may be directed by the Board of Finance. All bonds registered as above provided for shall cease to possess the properties peculiar to negotiable paper, and the principal and interest on all regis- 108 Charter of the City of Albany. tered bonds shall be paid to the person in whose name such bonds are registered at the time when such interest or principal falls due, and such payment shall be made at the office of the Cham- berlain of said city. Street cleaning estimate. — Contract therefor. — Proposals there- for.— Selection of bids. — Return of checks. — Sureties, how approved. — Non-performance of contract, charges how inves- tigated.— Termination of contract. — Street Commissioner may cause work done. — Contracts for 1891. § 11. The Board of Finance shall, in the year eighteen hundred and ninety-one, and eveiy two years thereafter, estimate the amounts required to be expended each year during the next suc- ceeding two years, commencing on the first day of April, after such estimate for the purpose of cleaning the streets, avenues, alleys and public places of the city of Albany, and removing ashes therefrom, and shall present the same with the tax budget contained in their annual report to the Common Council of said city. After such appropriation is made, and upon the expiration of any existing contract for cleaning the streets of said city, and every two years thereafter, the Board of Contract and Apportion- ment of said city is hereby authorized to make a contract in the manner hereinafter provided and in the name of the city of Albany, with some responsible person or persons, for cleaning the streets, avenues, alleys and public places of said city, and removing ashes therefrom during the two years next succeeding the date of the expiration of the preceding contract, provided, however, that the contract so made shall not involve an expendi- ture during any year in excess of the amount estimated as afore- said, as required to be expended for the purposes aforesaid dur- ing that year. The terms and conditions of the contracts author- ized to be made by this section shall be fixed in specifications to be prepared under the supervision of the City Engineer, which specifications shall be printed and filed in the office of said Board of Contract and Apportionment before proposals are invited. The specifications shall require adequate security to be given for the performance of the contract. The said Board of Contract and Apportionment shall advertise in the official newspapers in the manner required by this act for other contracts for pro- posals to perform the work in accordance with the specifications; each proposal must be accompanied by a certified check on a solvent banking incorporation in the city, payable to the order Board of Finance. 109 of the Chamberlaiu, fur the sum of live thousaud dollars. From the proposals so received, the said Board of Contract and Appor- tionment may select the bid, the acceptau'ce of which will, in its judgment, best secure the etlicient performance of the work, or it may reject any or all of said bids. On the acceptance of any bid by the said board, the checks of the imaccepted bidders shall be returned to them, and upon the completion of the contra>Lt the cheek of the accepted bidder shall be returned to him. The sureties on all such contracts shall be approved by the Chamber- lain of the city, and all such contracts and bonds securing the same shall be approved as to form by the Con)oration Counsel. The administration of the contract shall be under the direction and supervision of the Street Commissioner. Whenever a sworn petition, signed by fifteen or more taxpayers of said city, shall be filed in the oflSce of the Street Commissioner alleging that any contractor has failed in the performance of any of the require- ments of the contract upon his part to be kept and performed, and also alleging in what particulars he has so failed, the Street Commissioner shall investigate the charges contained in said petition, and if. after hearing any contractor, he shall find that the contractor has failed to perform his contract in any of the particulars specified, he may. with the consent of the Mayor, terminate the contract, and the finding of the Street Commissioner in that behalf, after the confirmation thereof by the Mayor, shall be final and conclusive, and the said Street Commissioner shall proceed to make another contract for the unexpired term of the contract so terminated, and the contractor and his sureties shall remain liable to the said city for the damages it sustains by rea- son of his failure to perfonn the requirements of the contract so terminated. The Street Commissioner shall have power to cause the streets, avenues, alleys and public places of said city to be cleaned, and the ashes to be removed therefrom, during such times as a contract for the performance of such work is not in force, and the expense of the work shall be paid out of the funds raised for the purposes aforesaid. During the year eighteen hun- dred and ninety-one. the Street Commissioner is authorized to enter into a contract or contracts after the manner in this sec- tion provided, and the payment for the work performed in pur- suance thereof shall be made out of the contingent fund. (Added by chapter 286, Laws of 1891, sec. 19.) 110 Charter of the City of Albany. Amount of contract to be included in estimate. § 12. Tlie said Board of Finance shall, each year, include in their estimate of the amount required to be raised for city pur- poses the amount necessary to meet during the year any exist- ing contract for the cleaning of streets. (Added by chapter 286, Laws of 1891, sec. 19.) TITLE IX. Board of Contkact and ArpouTioNMKNT. How constituted. Section 1. The Board of Contract and Apportionment shall con- sist of the Mayor, the Chamberlain, the Street Commissioner, the City Engineer and Surveyor, the President of the Common Coun- cil. The Corporation Counsel, or, in his absence, his assistant, shall have the right to be present at every meeting of the board, and it shall be the duty of the Clerk of such board to send him a notice of every meeting of the board, but a failure to give such notice shall not invalidate any action of the board. Regular meetings. § 2. The said board shall hold regular meetings on the first and third Mondays of each month, at such time as said board shall determine, between the hours of nine A. M. and five P. M., at which meeting the reporters of the newspapers published in the or materials to be furnished f'an be obtained, shall have been given in the ofiicial papers by five publications of such notice therein, all of AVhich publications shall be made during the interval between two consecutive regular meetings of the board. But no bids shall be received and no contract awarded at other than a regular meeting. Provided, however, that whenever the Common Council shall by resolution, duly adopted and Board of Contract and Apportionment. \ |y approved by the Mayor, order the laying of any plank walk or the fencing of any vacant lots, the cost of vphich is estimated to be less than tvA'o hundred dollai's, the notice advertising the letting of such work above required may, in the discretion of said Board of Contract and Apportionment, be posted in a conspicuous place in the City Hall instead of being published in the official papers. The Board of Contract and Apportionment is authorized to enter into a contract for such work last mentioned and to assess the expense of the same in the manner provided by law for all other work performed under its direction, but the notice of apportionment of any of the work of laying any such plank walk or the fencing of any vacant lots, the cost of which is estimateQ to be less than two hundred dollars, shall, in lieu of being printed in the official newspapers as now required by section twenty-nine of this title, be sent by the Board of Contract and Apportionment by writing, by mail, to any person whose lot has been assessed, or to the occupant thereof, if such person can be found. (As amended by chapter 286, Laws of 1891, sec. 32, and by chap- ter 631. Laws of 1894, sec. 2.) Members must attend at time and place fixed when bidding to be closed, etc. § 9. It shall be the duty of each member of the board to attend at the office of the board at the time mentioned in such notice, and at such place and time all bids for doing the work or provid- ing the materials mentioned in such notice shall be presented, and after all bids have been presented, but not until one-half hour after the time designated for the holding of the meeting has elapsed, the bidding shall be declared closed, and immediately thereafter all bids thus received shall be the property of the board and shall be opened by some member of the board or by its clerk, even though a majority of the members of such board should not then be present. But no bid shall be considered which does not comply with the rules of said board, or which has not indorsed thereon the title of the work to which it relates, the name of the bidder and his residence. Changing bids, etc., a misdemeanor. § 10. The changing, correcting or filling in of any blank of any bid, or any portion thereof, by any person, after its presentation and before the recording of said bid. as hereinafter required, shall be and constitute a misdemeanor. 8 114 Charter of the City of Albany. Abstract of bids to be made, etc. § 11. An abstract of each bid coutaiuiug the prices shall be then and there forthwith entered in ink, upon a special book of minutes of said board, to be kept for that purpose. And any person knowingly making any mis-statement, or any false entiy in said book, even though by the direction of said board, or any member thereof, or if the clerk or any member of such board shall knowingly permit any such false entry or mis-statement to be made, he or they shall be deemed guilty of a misdemeanor. Bidders may present bids and and be present when bids are opened. § 12. Each bidder shall be at liberty to himself present his bid at the time and place above designated, to the board, and the bidders and the accredited reporters of all the newspapers pub- lished in the city shall have the right to be present when such bids are opened and such entries are made. Board may advertise for new bids. § 13. It shall be the duty of the Board of Contract and Appor- tionment, when the bids received under any advertisement for the furnishing of any materials or the doing of public work shall, in the opinion of such board, be such as to make it desirable that new bids be received, to cause a new advertisement to be made for the bids, under which all proceedings shall be conducted in the manner herein specified. Printed blanks for bids to be furnished. § 14. The board shall furnish, to any one demanding them, printed blanks for bids or proposals for the doing of the work or providing the materials upon which such bids or proposals must be made. Specifications and proposals. § 15. All specifications of work to be done or for materials to be furnished shall specify a definite kind of materials to be furnished, and a definite kind of work to be done; and each and every pro- posal shall provide for the doing of such specified work, or the f lu'nishing of such specified materials, or both, at a specified price, and that such proposal is for furnishing all material and labor necessary for the full and perfect completion of all the work, in all its parts, as required by and in accordance with the specifiea- Board of Contract and Apportionment. 115 tious tln-1-elor, aud llie law or ordiuauce of the Commou Couucil rilating thereto. Contractors must satisfy themselves as to all matters before signing contract. § 1(5. Before any contract is entered into as herein provided, the person or persons whose bid is accepted must satisfy himself or themselves as to all matters relating to the work to be performed, and by entering into the contract such person or persons shall be excluded from thereafter raising any question or claim as to, or on account of, any representation by any officer or officers of the city in reference to any matter or thing relating to said work. City Engineer to prepare specifications. §17. Before any work is advertised for bids, the City Engineer and Surveyor shall prepare specifications and make a profile and an approximate estimate of quantities for said work and ah measurements therefor, and a copy of such specifications, profile and approximate estimate shall be filed with the clerk of the board, and shall be preserved by him among the records of bis office, and any intentional mis-statement or false measurement therein, or in the final estimate of measurement of the work done or materials furnished, shall be and constitute a misdemeanor on the part of the person making the same. Penalty for including work not required, etc. § IS. Any officer or employe of the city, or person appointed to perform or superintend, or charged with the superintendence or performance of any duty or Avork for the city, who knowingly shall include, in any specification. Avork not required or intended to be executed, or knowingly shall certify to the performance of any work which has not been executed, or the furnishing of any materials which shall not have been furnished, or to the per- formance of the work or the furnishing of materials in accordance with the provisions of the law. the contract or the specifications, when such work ha.s not been done, or such materials as to quality, quantitj' or kind have not been furnished in fact in accordance therewith, shall be guilty of a misdemeanor. Board to have an office and keep rooms open. § 19. Said board shall have an office at a place in the citj- of Albany, to be designated by the Common Council, which shall be 116 Charter of the City of Albany. "kept open from nine in the morning to five in tlie afternoon of each day, except Sundays and legal holidays. Quorum. § 20. A majority of said board shall constitute a quorum for the transaction of business. Clerk, salary. § 21. The board shall biennially appoint a competent person as clerk of said board at a salary of two thousand dollars per annum, payable monthly. Minutes of proceedings to be kept and printed. § 22. It shall be the duty of the clerk of the Board of Contract and Apportionment to keep and i*educe to writing, full, accurate and true minutes or a journal of the proceedings of said board and of the votes of the members tliereof, which votes, when the proposed action of the board awards a contract or assesses or apportions the expense of any work, or accepts or approves of any work, or directs the payment or expenditure of any money, shall be taken by ayes and noes and entered upon the minutes. Within ten days after each meeting of the board he shall cause the minutes of said board to be printed, and distributed within the same time, and in the same manner, and to the same persons who are entitled to the printed minutes of the Common Council, and cause the same, at the close of the year, to be indexed and bound, to the number of two hundred and fifty copies, in the same manner as provided for the proceedings of the Common Council. Such printing and binding shall be done at a price not exceeding the ordinary rates paid for such work. Clerk. — Additional clerks. § 23. The said clerk shall perform such duties as said board may prescribe, and shall also act, without further compensation, as the •clerk of the Street Commissioner. The board may, if necessary, appoint two additional clerks at a salary not exceeding one thousand dollars each per annum, payable monthly, to assist the clerk, and perform such other duties as the board and Street Commissioner may prescribe. (As amended by chapter 64, Laws of 1890, sec. 4.) Board of Contract and Apportionment. 117 Chief of Police to regulate street cleaning. — Penalty for placing rubbish in streets. — Proviso. § 24. It shall be the duty of the Chief of Police to regulate the cleaning and sweeping of the streets, avenues, alleys, sidewalks, wharves, docks, roads and cross-walks, and the cleaning of ice and snow from the sidewalks and gutters in said city; and any pei'son emptying, throw- ing or placing, or using any article, thing, vehicle or device through or from which there shall fall or be discharged, or authorizing or directing any person or permitting any employe or servant to empty, throw or place, or to use any article, thing, vehicle or device from which there shall fall or be discharged, any sweepings, dirt, ashes, papers, rubbish or other materials of any kind in any of the public streets, alleys or places of the city of Albany, unless contained in a close, securely -covered, receptacle and temporarily placed in the street for removal or unless pursu- ant to a permit to use a portion of such street for building pur- poses or unless upon an authorized dumping ground for such material, or by instruction of the Street Commissioner, shall be guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than ten nor more than one hundred dollars or by imprisonment in the Albany Penitentiary for not less than ten nor more than one hundred days, or by both such fine and imprisonment. This provision shall not apply, however, to any dirt, sand or other similar material used by any manufacturer in his business when temporarily deposited in any public street, alley or place in the course of removal to or from his place of business provided such dirt, sand or material shall not be allowed to remain so deposited in any public street, alley or place for a longer period than six hours. (As amended by chapter 64, Laws of 1890, sec. 5.) City to be divided into districts. § 25. The city shall be divided into districts, and the cleaning of such districts shall be done by the occupants or owners of propei-ty in front of such property to the center line of the street, in such manner and at such times as may be prescribed by the said Chief of Police or his subordinates. Occupants to be notified to clean streets, etc. — If work is not done Chief to cause work to be done. § 26. In case the occupants or owners of property shall not clean 1]8 Charter of the City of Albany. and sweep the streets, avenues, alleys, sidewalks, wharves, docks, roads and cross-walks, or clean the ice and snow from the side- walks and gutters in front of their respective pieces of property, as required by said police, it shall be the duty of the Chief of Police or his subordinates to notify the occupant of the house or lot before which such work has not been done, and in case he cannot be found, the owner of such house or lot; and if such work is not done forthwith, or in case the contractor whose duty it may be to remove the street dirt or snow shall fail or neglect to remove the same, the Chief of Police, or his subordinates, shall at once cause the work to be done, or the dirt or snow to be removed, and the expense of so doing, when certified by the Chief of Police, shall be paid by the owner or occupant of the property or charged to the contractor, as hereinafter provided. Arrest for failure to pay such expense. — Board of Contract to let contract for neglected work. — Expense and assessment therefor. — Unknown owners. — '^ Occupant " defined. § 27. If such owner or occupant shall fail to pay such expense, the occupant, or, in case he cannot be found, the owner shall be arrested upon a warrant to be issued by one of the city police magistrates upon the complaint of the Chief of Police and fined not less than the expense so incurred and an additional amount, not to exceed five dollars, by way of punishment. The amount of the expense incurred shall be paid to the person doing the work. In case the default shall be on the part of the contractor, the Chamberlain shall pay the expense on the certificate of the Chief of Police and deduct such amount from any amount falling due to the contractor from the city. If neither the owner or occupant of any house or lot can, after reasonable search, be found, or if the owner of any house or lot shall have been con- victed twice within any period of six months of not having caused the street in front thereof to be swept, or the ice or snow to be cleaned therefrom, or (in case the same be so congealed as to make its removal impossible) of not having caused the said snow or ice to be strewed with ashes or sand or other material required by the city laws or ordinances it shall be the duty of the captain of the precinct in which the lot is, to so certify to the Board of Contract and Apportionment. Said Board of Con- tract and Apportionment shall thei'eupon forthwith enter into a contract with some competent person without advertisement of notice for bids to do tlie work of sweeping up the street and of Board of Contract and Apportionment. 119 keeping the same and the sidewalk thereof clear of snow and ice and of strewing the same with proper material, when necessary, in front of such house or lot, for the period of one year from the tune of the letting of each contract. The expense of such work shall be paid out of the street contingent fund to the person per- forming such contract, and the same shall be assessed upon and collected by a sale of the lot in front of which the work shall be done, in the same manner that the expense of other city work is assessed upon the property benefited. If the owner or occupant's name be unknown, the assessment shall be made to " unknown owner." The certificate of the captain of the precinct shall be prima facie evidence of the several facts therein stated, which are necessary to give jurisdiction to the Board of Contract and Appor- tionment to act in the premises. Such certificate shall contain a general description of the house or lot, by street number or by its frontage and a reference to some known monument or by other proper designation, which house or lot may be more accurately described in the contract and assessment to be made in reference thereto by the Board of Contract and Apix)rtionment. The word " occupant," as used in sections twenty-sis and twenty-seven of this title, so far as any notice to any occupant is required thereby, shall be construed to mean the person, whether the tenant or any other person, who may be foimd in the house or upon the lot. (As amended by chapter 242, Laws of 1887, sec. 10.) Dirt, garbage and sprinkling contracts. — Sprinkling contracts, how filed and paid for. — Expense to be apportioned as addi- tional water rents. — Assessment and collection. § 28. The Board of Contract and Apportionment shall also enter into a contract or contracts, in accordance with the provisions or this act, for the removal of street dirt from streets, avenues and squares of the city, or the sprinkling of such streets and avenue-* and parts thereof as the board may designate, for the removal of garbage, for the repair and care of all unpaved, planked, earth and macadamized streets, the surface drains and cross-walks therein, except where special provision is otherwise made there- for by law, and in winter for the removal of snow and ice from the sidewalks in front of the City Building and in and around the parks (other than Washington park). Such contracts, except for sprinkling, shall provide for the sweeping of the streets in front of city property, and shall fix the day and hours at which the street dirt and garbage shall be removed from the several 120 C BARTER OF THE CiTT OF ALBANY. houses, streets, squares and avenues in the city, and also, as far as practicable, the time within which the snow and ice shall be removed from in front of the city buildings and parks. The expenses thus incurred, except for sprinkling, shall be a city charge. The said board shall, within ten days after entering into any contract for sprinkling as herein provided, file with the Water Commissioners of the city of Albany a certified copy of such con- tract, and upon the Street Commissioner certifying to the per- formance of the work required by any such contract it shall be the duty of the said Water Commissioners to di'aw upon the Chamber- lain of the said city for any sums due and payable to any con- tractor or other person for the performance of any such contract or part thereof, in accordance with the terms thereof. Said drafts shall specify the objects for which they are drawn, and the Chamberlain shall pay the same out of any moneys in his hands collected from city water rents, when accompanied by a receipt of the contractor or other person in whose favor the same may be payable. It shall be the duty of the said Water Commissioners to apportion and charge the expense of sprinkling any street or avenue, or part thereof, under any such contract with the inci- dental costs and expenses attending thesame as additional water rents among all the houses and lots or vacant lots and franchises intended to be benefited by such sprinkling in proportion to the advantages which each shall be deemed by said Water Commis- sioners to acquire, specifying the names of the owners or occu- pants, if known, or as they appear upon the tax-rolls in the office of the Receiver of Taxes, of the buildings and lots, or vacant lots and franchises intended to be benefited as far as the nature of the case will admit. Such additional water rate so apportioned and charged shall be assessed and collected in the same manner and at the same time annually as the regular water rents of said city are now assessed and collected, and shall be, like State and county taxes, a lien and charge upon such buildings, lots and franchises as is herein provided. (As amended by chapter 286, Laws of 1891, sec. 21.) Apportionment and assessment of improvement expenses. — Notice of completion. — Objections. — Review and confirma- tion.— ^Lien. — Proviso. § 29. It shall be the duty of said board to apportion and assess all the expenses for work, labor and services performed, and all materials furnished, with the incidental costs and expenses attend- Board of Contract and Apportionment. 121 ing the same for any of the work and improvements authorized by the Common Council, except when the same are made by law a city charge, among all the houses and lots, vacant lots and franchises intended to be benefited by such work and improve- ments, in proportion to the advantage which each shall be deemed to acquire, specifying the names of the owners or occupants, if known, or as they appear upon the tax-rolls in the office of the Receiver of Taxes, of the houses and lots or vacant lots and fran- chises intended to be benefited, as far as the nature of the case will admit. Such apportionment shall be duly verified by the Street Commissioner and City Engineer and ratified and approved by the Board of Contract and Apportionment; and when thus far perfected the said board shall cause a notice of the same to be published in the official newspapers of the city of Albany for five days, during which time the said apportionment and assessment shall be opened for inspection and examination by any person or persons interested; and on the application, in writing, of any per- son considering himself aggrieved, which application must be made within five days after the last publication of said notice, and which application shall contain the post-office address of such objector, the Clerk of said Board of Conti-act and Apportionment shall cause a notice to be given to the pai-ties so objecting, by serving such notice upon such objector personally, or by mailing the same to the address stated in such written application, which notice shall contain the time and place of such meeting, that they will be granted a hearing in the matter, at a meeting to be held for that pui-pose. After such hearing and consideration of the objections presented the board may review and correct such apportionment and assessment; and when the said board shall have confirmed the same, which confirmation must be had at a regular meeting of the board, as hereinbefore fixed, an abstract of the apportionment and assessment, so approved and confirmed, shall be filed with the Chamberlain, and shall be binding and conclusive upon the owner or owners, occupant or occupants, of the houses and lots or vacant lots and franchises mentioned and referred to in said apportionment; and said apportionment shall be and remain a lien upon the house or houses and lots and vacant lots, franchise or franchises mentioned therein, from the time of such confirmation until the said apportionment or assess- ment shall be paid or satisfied; provided, however, that if the assessment or apportionment is changed upon any hearing had hereunder, it shall not be confirmed until five days' notice shall J 22 Charter of the City of Albany. have been given by publication, as above provided for, that the assessment and apportionment as changed will be open to inspec- tion. Under which notice the same proceedings shall be had as under the first notice above mentioned. (As amended by chapter 398, Laws of 1888, sec. 17, and by chap- ter 286, Laws of 1891, sec. 33.) Board may correct error after giving notice by mail. § 30. Should there occur an error in the amount apportioned, description of the lot, or name of the owner or occupant, the said board is authorized, on giving, through the mail, five days' notice of such intended correction, addressed to tlie patfty interested, if he be a resident of the city, and be known, or to the agent, if known, or any non-resident, to make the required correction; and the apportionment and assessment thus corrected shall be col- lected in like manner in all respects as the original apportionment and assessment. Notice of confirmation of assessments, etc.— Interest on assess- ments.— Payments to contractors. § 31. After the confirmation of any apportionment and assess- ment, or reapportionment for any work or improvement, it shall be the duty of the Chamberlain of said city to give notice in writ- ing, by mail, to any person whose lot has been so assessed or reassessed, or to the occupant thereof, immediately thereafter, if such person can be found. Any failure to have the bid for the work properly indorsed, or the contract for the work or the bond of the contractor indorsed by the Corporation Counsel, or his assistant, or to send or receive the notices abovementioned of confirmation of the assessment, or to comply with seotious fifteen and thirty-two of this title shall not invalidate any apportionment or assessment. The Chamberlain shall charge and collect interest at the rate of twelve per centum a year on all apportionments and assessments from the fifteenth day after confirmation till the same are paid or satisfied. The Chamberlain shall pay to the contractor, or his assigns, the assessments so collected by him, together with interest, at the rate hereinafter specified, until the amount due said contractor is fully paid. And the said con- tractor, or his assigns, shall be entitled to interest, at the rate of six per centum per annum on such sums as shall remain due on his contract fifteen days from and after the confirmation of Board of Contract and Apportionment. 123 the apportionment and assessment for the doing of the work under sucli contract. (As amended by chapter 242, Laws of 1887, sec. 6, and by chap- ter 18, Laws of 1894. sec. 2.) Property, how to be described. § 32. In describing property for the purposes of assessment, it shall be the duty of the board to state, among other things, the street and side of the streets upon which and the streets between which the propertj' is situated, and to state, as nearly as prac- ticable, the number of feet front on the street, and, as nearly as practicable, the distance of the property from some street corner, and, when known, the street number and any map number. Owners to be allowed to make improvement.— Proviso as to notice. — Assessment to be made in such cases. § 33. The Board of Contract and Apportionment shall, in all cases of the paving, curbing or flagging of streets exclusively, and in other cases may, in its discretion, under proper regulations, allow any owner or owners, in front of whose property any work and improvements shall have been ordered, to commence such improvement, within such time as may be designated, which shall be on or before the day fixed by the contract for commenc- ing work thereunder, which day shall be not less than ten days after the letting of the contract, provided that such owner or owners shall have given notice, in writing, to the Clerk of the board two days before the day fixed in the published notice for the presentation of bids, of his intention so to do, and shall have upon the ground the necessary materials for doing and complet- ing all the work so ordered, and the work commenced at the expiration of ten days from the letting of the contract. The owner doing his own work as herein provided, shall be assessed for and pay to the Chamberlain, in the same manner as other assessments and apportionments are paid, his proportionate share of the incidental costs and expenses attending the work and improvement ordered. § 34. [Repealed by chap. 286, Laws 1891, § 37.] § 35. [Repealed by chap. 2S6, Laws 1891, § 37.] § 36. [Repealed by chap. 286, Laws 1891, § 37.] 124 Charter of the City of Albany. Notice of sale in case of non-pajnnent of assessment. — Sale for term of years. — Sale to be at public auction. — Rights of purchaser. § 37. In case the owner or owners of any houses or lots of ground, franchises or other real estate, shall fail to pay any appor- tionment or assessment levied thereon under the provisions of this act, before the expiration of six weeks after the confirmation thereof, as provided in this act, it shall be the duty of the Cham- berlain of the city of Albany forthwith to cause a notice contain- ing the name of the owner or occupant, if known, the name of the street, the street or map number, if known, the amount due on each lot, and date of confirmation, to be published in the official newspapers of said city twice in each week for four weeks, requiring such owner or owners to pay the same to the Chamber- lain and notifying them that if default shall be made in such pay- ment, together with the charge of advertising and the interest from the time of confirmation, and costs accruing thereon, such houses aJid lots of ground, franchises and other real estate, with the appurtenances, will be sold at public auction at a day and place therein to be named, for the lowest term of years a;t which any person shall offer to take the same, in consideration of advanc- ing the sum charged on said houses and lots and vacant lots, franchises, and other real estaJte for the apportionment and assessment aforesaid, with the interests thereon and costs; and if, notwithstanding such notice and demand, the owner or owners refuse or neglect to pay such apportionment, assessment and the expense aforesaid, together with the charge of advertising and the interest as aforesaid and costs, then it shall be lawful for the said city of Albany to cause the said house and lot or vacant lot or franchise, or other real estate, to be sold at public auction for a term of years, for the purpose and in the manner expressed in said advertisement, and to give a declaration of such sale to the purchaser thereof, under the common seal of the said city of Albany; and said purchaser, his executors, administrators and assigns shall, by virtue thereof and of this act, lawfully hold and enjoy the same, for his and their own proper use, against the owner or owners thereof, and all claiming under him or them, until his tenn shall be completed and ended, and shall be at lib- erty to remove all the buildings and materials which he or they shall erect or place thereon, leaving the ground in sufficient fence, and with tlie street or streets fronting the same in the order required by the regulations of the city of Albany. (As amended by chapter 242, Laws of 1887, sec. 8.) Board of Contract and Apportionment. 125 Act not to affect agreement between landlord and tenant. § 38. Nothing in this act •contained shall affect any agreement between any landlord and tenant, respecting the payment of any charges or apportionment as in this act expressed; but they shall be answerable to each other in the same manner as if this act had never passed; and if any money so charged shall be paid by any person when, by agreement or by law, the same ought to have been borne or paid by some other person, then it shall be lawful for the person paying the same to sue for and recover the same, with interests and costs of suit, in any court having cognizance thereof, as so much money paid for the use of the person who ought to bave paid the same; and the account afore- said, with proof of payment, shall be conclusive evidence in such suit. Sales to be under direction of Common Council. — Costs and charges. § 39. All sales for the collection of any assessment or appor- tionment shall be made under the direction of the Common Coun- cil, by the Chamberlain, who is hereby authorized to take such proceedings to effect such sale for tbe collection thereof, such sales to be at public auction. The city of Albany shall be entitled to receive for costs and charges of sale, on each lot advertised to be sold, the assessment on which shall be paid before sale three dollars, and four dollars for each lot sold. Chamberlain to file copy of resolutions, etc., with affidavits of publication, etc. — Evidence. § 40. Within 'three months after making any such sale for unpaid assessments it shall be the duty of the Chamberlain of said city to file in the office of the Clerk of the county of Albany a copy of the original resolution or ordinance of the Common Council, or other act or proceeding, authorizing the improvements for which such assessments were imposed, certified by the Mayor under the city seal, and a like certified copy of the resolution of the Board of Contract and Apportionment confirming the assess- ment made under the proceedings had under said law or ordi- nance, or if such confirmation be made by the court or judge, then a certified copy of the order of said court or judge confirming the said assessment, with the affidavits in the form prescribed by law' of the publication of the notice of sale, and the affidavits of said Chamberlain or his deputy, wbo may act as auctioneer at 126 Charter of the City of Albany. said sale, attached to a copy of the notice of sale, stating the time and place of said sale, the names of the purchasers of the respective lots, the amount of the assessment and costs for which the same was sold, and the term of years for which each lot was sold. The papers so filed, or a certified copy of them, together with the declaration of sale, or if said papers are not so filed, then the said declaration of sale, executed by the Mayor to said purchaser, shall be presumptive evidence of the regularity of the said sale and all the proceedings prior thereto, and of the pur- chaser's title under the declaration of sale for the term of years therein mentioned. Redemption from sale. § 41. Whenever any house or houses, lot or lots, or other real estate, shall be sold in the city of Albany under the provisions of either of the several sections of this act authorizing the sale of property in said city to collect assessments, the owner or owners . of any lot or lots, or other real estate so sold as aforesaid, shall have the privilege of redeeming such lot or lots, or other real estate so sold as aforesaid, at any time Avithin two years from the date of sale, by paying to the purchaser or purchasers thereof, or to the Chamberlain of said city for the use of such purchasers, the consideration money, together Avith interest thereon, to be computed at and after the rate of tAvelve per centum per annum. Sales not to affect mortgage liens. § 42. No sale of real estate hereafter made for the non-payment of any assessment in the city of Albany shall destroy or in any manner affect the lien of any mortgage thereon duly recorded, except as hereinafter provided. Purchaser to give mortgagee notice. § 43. It shall be the duty of the purchaser at such sale to give the mortgagee a Avritten notice of such sale, requiring him to pay the amount of the purchase-money, with interest at the rate allowed by laAV thereon, Avithin six months after the giving of such notice. ; Mortgagee after payment to have lien for amount paid. : § 44. If such payment shall be made the sale shall be of no further effect, and the mortgagee shall have a lien on the prem- ises for the amount paid, Avith the interest Avhich may thereafter Board of Go is tract and Apportionment. 127 accrue thereon, at the rate of six per teutum per annum, iu like manner as if the same had been included in his mortgage. In case of failure to pay not to have benefit of act. § 45. In case the mortgagee shall fail to make such payment within the time so limited, he shall not be entitled to any benefit of section forty-two of this act. Term " mortgagee " defined. § 46. The term " mortgagee," as used in this act, shall be con- strued to include assignees whose assignments shall be duly recorded, and personal representatives; and the term "purchaser" shall be construed to include assignees, and heirs-at-law, devisees and personal representatives, as the case may be. Notice, how given. ^ 47. The notice required by .section forty-three of this title may be given either personally or in the manner required by laAV in respect to notices of non-acceptance or non-payment of notes or bills of exchange, and a notarial certificate thereof shall be presumptive evidence of the fact. Mortgagor presumed to reside in Albany. § 48. The mortgagor shall be conclusively presumed to reside in the city of Albany, unless his place of residence appears in the mortgage or assignment, in which case the place mentioned in the mortgage or assignment shall be deemed to be his residence. The certificate mentioned in section forty-seven of this title may be recorded in the Clerk's office of the county of Albany, in the same manner and with the same effect as is by law prescribed in respect to deeds or otlier evidences of title to real estate. Owners to be given notice. § 49. In all cases of lands hereafter to be sold for arrears of assessments in said city of Albany, and in cases in which the time to redeem from sales heretofore made has not expired, it shall be the duty of the purchaser, or of the person claiming under him, if such land be occupied, to give the owner or occu- pant the notice required by section forty-three of this title. And such owner or occupant shall have the privilege of paying such assessment within six months after such notice. 128 Charter of the City of Albany. City may maintain action to recover assessment. § 50. Whenever auy work shall be done or materials furnished pursuant to section twenty-five of title three of this act, in addi- tion to the power granted hy this act to advertise and sell the lot or franchise, the city of Albany may maintain an action at law against the owner of any lot, dock or franchise, for the recovery of any assessment or apportionment remaining unpaid, made upon or against any such lot, dock or franchise. Provided, however, that no such action at law shall be had or maintained against any such owner of any lot, dock or franchise for tlie recovery of any such assessment or apportionment remaining unpaid in any case where a petition of property owners is required by law for the doing of the work or the making of the improve- ment, unless such owner was a petitioner to the Common Council for the performance of such work or the making of such improve- ment. Owners awarded damages to prove interest in premises injured. § 51. The owner or owners of any property to whom shall be awarded any sum of money for damages sustained in consequence of the alteration of the pitch or level of any street as aforesaid, shall prove his, her or their interest in the premises so injui'ed, and on the production of a certificate to the satisfaction of the Chamberlain of said city, showing the extent of the said interest in the sum awarded, the said Chamberlain shall pay such sum to such person, his, her or their attorney; and in case any such sum or sums shall be paid through mistake to any person or persons not legally entitled thereto, it shall be lawful for the person or persons legally entitled thereto, or for the city of Albany, to sue and recover the same, with interest and costs of suit, from the persons who shall have received such sum or sums, in an action for money had and received to his use. Reapportionment of assessments upon subdivided portions of land. § 52 After any assessment or reassessment for street or other improvements has been duly made and confirmed as required by law and by the charter or ordinances of the city of Albany, the owner or owners of any piece or parcel of land affected or cov- ered by any such assessment who shall desire to subdivide the said land, or the owner or owners of any such subdivided part or portion, may have the assessment or the portion or total amount Board of Co.xtract and Apportionment. ]29 of the installments thereof ustill due and which is a lien thereon reapportioned or assessed upon such sulxlivided part or portion in the manner hereinafter provided. But no reapportionment shall be made under this and the following section unless the City Engineer shall approve the luap mentioned in the next section. (As amended by chapter 171, Laws of 1892, sec. 10.) Map to be m.ade. — Division and reassessment. — Release of liens. — Proviso. § 53. The owner or owners of any such land shall have a map or survey made thereof, to be approved by the City Engineer, the original of which map shall be filed and retained in the office of said Engineer; and shall have a copy of said map filed in the office of the Chamberlain of the city of Albany. And upon the request of any such owner or owners in writing, and upon the certificate of said Engineer that the said map has been prepared and filed as aforesaid, the Board of Contract and Apportionment shall divide and reassess such portion of the original amount assessed upon any larger lot and parcel of land as yet remains due and still a lien upon such larger lot and parcel of land, and reap- portion and reassess the same upon such subdivided parts or portions in the same manner in which the original assessment was made, together with the proportionate amount of legal interest and costs that have accrued on the original sum assessed since the same became due and payable, and when such reassessments have been confirmed by said Board of Contract and Apportion- ment, such amounts as may be so reapportioned, together with the proportion of the interest and costs hereinbefore provided, shall be received by the Chamberlain of said qWj in payment for and operate as a release of the lien created by the original assessment so far as such lien may apply to such smaller or subdivision lot. No such reassessment shall be made, after any such land shall have been advertised for sale or sold by the Chamberlain of said city, upon the failure of any owner or owners to pay the appor- tionment or assessment or any installment or installments thereof which have theretofore become due and payable. (As amended by chapter 171, Laws of 1892, sec. 11.) When there is no purchaser property to be hid in for city. § 54. After any house or lot. parcel of land or franchise shall have been advertised to satisfy any apportionment or assessment 9 130 Charter of the City of Albany. made pursuant to the provisions of law, and there shall be no purchaser at such sale, such houses and lots, parcel of land or franchise, shall be purchased for the city by the Chamberlain at the close of the sale; and thereupon the city shall receive, in its corporate name, a certificate and declaration of sale therefor, in the same manner as individual purchasers, andl shall be vested w^ith the same rights as other purchasers, and such certificate or declaration of sale shall be prima facie evidence of the regularity of all the proceedings prior thereto. The Chamberlain is author- ized to credit such assessments and apportionments with the purchase of the houses and lots, or the franchises therein named. In case the city becomes the purchaser, as herein provided, it is authorized to sell the property so purchased, and assign to the purchaser the certificate or declaration of sale, or convey such property and rights by quit-claim deed; provided, however, that no such sale or assignment shall be made except upon payment to the Chamberlain of the amount charged against such property at the assessment sale, together with the interest thereon from the date of sale. But the Common Council may, upon the written recommendation of the Chamberlain, direct that a sale may be made at a less sum. The amount of apportionments and assess- ments, with the interest thereon thus credited, as above provided for, on the purchase by the city, shall be levied and collected in the next annual tax budget. When property purchased by city to be sold. § 55. All property purchased by the city as aforesaid, which shall remain in the possession of the city for a period of five years, shall, within two month after the expiration of said five years and after a notice shall have been published in the official papers for thirty days, be sold by the Chamberlain, at the main entrance of the City Hall, at public auction, to the highest bidder or bidders therefor. Issue of certificates of indebtedness to contractors. — Amount, how ascertained and determined. — What work to be meas- ured and computed. § 56. After any contract for any of the woi'k or improvements specified in this title, the expense of Avhich is to be assessed or apportioned upon the property benefited thereby, shall have been heretofore or shall hereafter be awai'ded by the Board of Contract Board of (Jontraot and Apportionment. 131 and Apportioumout, and during the progress of said work, and before the same shall be fully completed or the assessments therefor collected, it shall be lawful for, and be the duty of the Board of Contract and Apportionment, upon the written request of the contractor, for such work theretofore filed with the City Engineer, who shall present the same to the said board at its first monthly meeting subsequent to such filing, to prepare and issue to him, from time to time, certificates of indebtedness to the amount of sixty-six per centmn of the work actually done and performed upon said work, at the time of issuing said certifi- cates, which amount shall be ascertained and determined by the City Engineer, who shall carefully measure and compute the same upon the request of the contractor, and shall certify the same in writing to said board; said certifi- cate shall be signed by the City Engineer, who shall state in detail the number of units of labor and materials com- pleted and furnislied and the contract price for each unit as defined and specified in the contract there- for and the aggregate price thereof. Provided, however, that when the contractor, although the lowest bidder in the gross calculation, is to receive unusual or extrao "di- nary pi-ices for the different itoms of work when con- sidered separately, the City Engineer may determine the amount of said certificate not necessarily by the rates agreed upon in the contract, but by making an estimate of the work done, taking as a basis of the calculation the whole amount of the money that will have become due, according to the terms of the contract, when the whole work shall have been completed. The Street Commissioner and the Inspector, if any be employed, shall also sign such certificate and shall certify that the work has been done in accordance with the contract and specifications therefor. The work to be so measured and computed shall be only such portion of the work contracted to be done as in all its parts shall have been completed as far as the nature of said work will per- mit and as shall require no further action upon it by the con- tractor, except where such further action shall not be considered essential to such completion, due deductions and allowance of the cost of fully completing the work certified being made and speci- fied • in the certificate. (Added by chapter 77, Laws of 1886, and amended by chapter 256. Laws of 1886, and by chapter 286. Laws of 1S91, sec. 27.) 132 Charter of the City of Albany. Certificates, how issued. — rorm of certificates. § 57. Such certificates of indebtedness shall only be issued at a regular meeting of said Board of Contract and Apportionment and shall be in the following form, namely: No. "Certificate op Indebtedness." City of Albany. Board of Contract and Apportionment. (Insert date.) This is to certify that the city of Albany is indebted to (insert name of contractor) in the sum of (insert amount) dollars, on account of ■contract entered into between him and the city of Albany, dated (insert time) for (insert a brief description of work), which sum the city of Albany will pay to the holder of this certificate on the (insert date). This certificate is issued pursuant to chapter (insert number) of the Laws of (insert year), and the faith and «redit of the city of Alba^iy is pledged to the payment thereof. In \Aitness whereof, the Mayor of the City of Albany has hereunto set his hand the day and year first above written. (Signature.) Mayor of the City of Albany. In presence of (Signature.) Clerk of the Board of Contract and Apportionment. Registered in my office and countersigned (insert date). (Signature.) Chamberlain. (Added by chapter 77, Laws of 18S6, and amended by chapter 256. Laws of 1886.) Registry of certificates. — Duty of Clerk. §5S. Such certificate shall be taken from a bound book to be prepared and kept in the office of said board, and when so taken it shall l)e the duty of the clerk of said board to enter upon the stubs therein the number, date, amount, name of person to whom and on account of Avhat work issued, giving the date of the contract therefor; and a similar minute shall bo entered by said clerk upon the minutes of the meeting when said certificate is issued. (Added by chapter 77, Laws of 1886, and amended by chapter 256, Laws of 1886.) BOAUD OF Coy TRACT AND APPVIITIONMENT. 183 Certificates, how signed and attested. — Duty of Chamberlain.— When payable. § 59. Such certiflcate shall be signed by the Mayor and attested by the clerk of said board, who shall present the same to the Chamberlain, who shall enter the particulars thereof in a book to be provided for that puiiiose and kept in his office, and in addition the said Chamberlain shall keep a ledger account thereof and charge the same against the contractor. Said Chamberlain shall then countersign the said certificate across the face thereof to the effect that it is registered in his office. Said certificates, when so executed and countersigned, shall be conclusive evidence of the indebtedness of said City of Albany to the amount and as therein stated, in favor of the holder thereof in good faith, to whom the same shall be transferred before the maturity tliereof, and no offsets, counter-claims or defenses shall be allowed thereto. Such certificates shall be made payable at such time after their issue as in the judgment of said board will be sufficient for the e::ecution of the work and the levying and collection of the assess, iiont therefor, or the receipt of the money by the Chamberlain applic:ible to the payment thereof, not exceeding, however, one year from the issue thereof. (Added by chapter 77, Laws of 1886, and amended by chapter 256, Laws of 1886.) Final certificates, when to issue. — Proviso. § t;u. 'I'hirty days after the confirmation of assessment for any work, it shall be lawful for and the duty of said board, upon the re(iuest of the contractor, to issue to him a final certificate of indebtedness in the form and to the effect herein provided, for the entire amount then due him by virtue of his contract, deduct- ing therefrom the amount of any advances or liens upon or on account of said work, and the amount ordered by the Street Com- missioner to be retained for the keeping in repair of said work. But such final certificate shall not be issued when any proceeding instituted by virtue of title eleven of this act is pending. (Added by chapter 77, Laws of 1886, and amended by chapter 256, Laws of 1886.) New certificates in certain cases.— To be exchanged for matur- •ing certificates. — Notice of payment thereof. §()!. If tlie Chamberlain has reason tu believe that the assessment for the work for wliich any certificates shall have, been issued, as hereinbefore provided, will not 1)0 collected before the maturity J 34 Charter of tbe City of Albany. thereof, he shall so report to said board, who shall thereupon direct the issuing of a new certificate to take up or replace the certificate so maturing, which new certificate shall be issued in the same form and with the like effect as hereinbefore provided, except that it shall bear interest at such rate as the board may direct; such new certificate shall be exchanged for the certificate so maturing, or may be sold by the Chamberlain and the proceeds used by him for the payment of the certificate so maturing. Such new certifi- cates shall be made payable at such time as said board may direct, not later, howevei", than one year from* the first day of January next ensuing after the issuing thereof, provided that it shall be the duty of the Chamberlain upon the receipt of sufficient moneys applicable to the payment thereof, to give five days' notice thereof to the holders of such certificates, at the expiration of which time, interest upon such certificates shall cease to run. Such notice shall be given by two consecutive publications in the •official newspapers, and in case the holders thereof shall have deposited with the Cliamberlain a written notice containing his name and address, by mailing a like notice post-paid to such name and address. (Added by chapter 77, Laws of 1886, and amended by chapter 256, Laws of 1886.) Provisions in case of filing of liens, assignments, etc. § 02. No such certificates shall be issued when any lien, order, draft or assignment of or upon said work, or the moneys to grow due thereon, shall have been filed with the city or any officer or board thereof, for a greater sum than the excess for which such certificates vaaj be issued as hereinbefore provided over the amount of such liens, orders, drafts or assignments. But such certificates whi-n issued as hereinbefore provided, shall not be affected or impaired by reason of the subsequent filing of any such liens, orders, drafts or assignments, and such certificates shall have priority and preference in payment over any any such lien, any- thing in the laws providing for the filing of such liens, or in the general statutes of the State to the contrary notwithstanding. (Added by chapter 77, Laws of 18SG, and amended by chapter 2r.6, Laws of 1886.) Bight of taxpayers to hearing in certain cases. — Notice to be served on taxpayers by Clerk. — Hearing. — ^Rights of tax- payers after decision. § {^.^. In case any taxpayer or any owner of property liable to be assessed for the work embraced in the contract shall file with the ^OARD OF Contract and Apportionment. 135 Board of Contract aud Apportioument the affidavit meutioued in title eleveu of chapter two hundred and ninety-eight of the liaws of eighteen hundred and eighty-three, no certificate except a certificate to replace one about to mature as hereinbefore provided shall be thereafter issued until a written notice of not less than two days shall have been given to such taxpayer or owner of a hearing before the Board of Contract and Apportionment. Said notice shall be prepared and served by or under the direction of the clerk of said board, and shall be served personally upon such taxpayer or owner if he can be found within said c-ity, or in case he cannot be found therein, shall be left with some person of suitable age and discretion at an address in said city stated in or indorsed upon said affidavit. If no address be so stated or indorsed no notice need be given if such taxpayer or owner cannot be found within said city. If upon such hearing it shall appear that any defects in the work or material, or any failure to observe the provisions and requirements of the contract in respect thereto specified in such affidavit exist, no certificate shall be issued until after such defect or failure shall be cured and a second like not-ce thereof and a hearing shall have been given to the taxpayer or owner in respect thereto. If upon any hearing the said Board of Contract and Apportionment shall decide against such taxpayer or owner, no certificate shall be issued until six days shall elapse from the time that a written notice of such decision shall have been served upon such taxpayer or owner in like manner as the first notice above specified. At any time after such decision such taxpayer or owner may take the same proceedings and obtain the same relief provided for in said title eleven, as if an assessment for the entire wox'k provided to be done under such contract ha<1 been confirmed by the Board of Contract and Apportionment, and the court is authorized in such proceedings to stay the payment to the contractor of any money, and the issuing to him of any siich certificate under his contract, for work done or materials furnished thereunder. The failure of any taxpayer or owner to apply to the* court for relief against any decision of the Board of Contract am: Apportionment in this section above specified shall not prejudice or affect any proceeding thereafter taken by such or any othei- taxpayer or owner because of any part or the whole of the work under the contract not having been done, or having been improperly done. (Added by chapter 77, Laws of 1886, and amended by chapter 256. Laws of 1886.) 136 Charter of the City of Albany. Liability of city in case of failure of contract. § 64. In case of the failure of the contractor to perform his con- tract, the liability of the city on any such certificates shall, not- withstanding, be included in the cost and expense of completins the same, and be assessed and apportioned upon the property benefited as provided in section twenty-nine of this title. (Added by chapter 77, Laws of 1886, and amended by chapter 256, Laws of 1886.) Payment of cei-tificates by Chamberlain. § 65. The Chamberlain shall pay such certificates on presentation thereof, out of any moneys collected by him from assessments foi- the work on account of which they were issued, or from any funds in his hands provided to pay for such Avork. (Added by chapter 77, Laws of 1886, and amended by chapter 256, Laws of 1886.) § 66. [Added by chap. 242, Laws 1887, § 9, aud repealed by chap. 171, Laws 1892, § 19.] ; TITLE X. Repairs. Street commissioner to cause plank walks, etc., to be repaired. — Proviso as to notice in cases where same is chargeable to owners or occupants. — Service of notice. — Proviso as to emer- gency cases. Section 1. The Street Commissioner shall, if any of the plank- walks, docks, sidewalks (including resetting curb), cross-walks and carriage-way in any of the paved, macadamized, earth or plank streets in the said city require repairing or relaying, cause \\w same to be repaired or relaid as may be necessary; provided that when the expense of repairing and keeping in repair such plank- walks, docks, sidewalks, cross-walks or carriage-ways shall be properly chargeable to and liable to be assessed upon the dock or docks, house or houses, lot or lots benefited thereby, or in front or rear of which such repairs are required to be made, the owncn- or owners, agents or occupants, or p(>rson in possession shall have not less than ten days, after tlu; service of a written notice, in which to commence and complete his or their said work, and such further time as the Street Commissioner shall direct. When said notice is not served upon the owner or agent personally, a written or printed copy thereof shall be deposited in the Albany post- Repairs. 187 office, inclosed in a post-paid envelope directed to such owner or agent or occupant, and if such house or lot be vacant, and the owner or agent is unknown, then a notice requiring such repairs to be made within the time designated shall be posted upon such vacant house or lot, in some conspicuous place; and a record of the time and manner of seiwice, and upon whom made, shall be certified by the Street Commissioner or officer serving the same, and kept in the street department for public inspection; and which i-ecord, or a copy thereof, when so certified, shall be presumptive evidence of the regularity of such service. After the expiration of ten days from such personal notice, or from the first posting, such repairs, if not then completed, shall be done by the Street Commissioner, as hereinafter provided. Provided that in extraor- dinary cases and in cases of emergeucy, when the condition of any such dock or docks, paved, macadamized or plank streets, or flagged or planked walks, or any portion thereof, shall become dangerous for travel, such Commissioner shall, upon the written instructions of the Mayor, after such Commissioner has reported his opinion thereon in writing to the Mayor, proceed at on-ce to make the necessary repairs. In such cases, it shall be the duty of the Board of Contract and Apportionment to deteiTuine what portion, if any, of the expense thereof ought to be paid from the public treasury, and what portion, if any, ought to be paid by a local assessment. In the former case, the amount shall be paid on a certificate of such board, and in the latter, such board shall make the assessment and apportion as hereinbefore provided. Provisions as to assessments, etc., to work done under this title. — Proviso as to notice. § 2. All the provisions of this act relating to assessments and apportionments, and the collections of the same, shall apply to the work contemplated and directed to be done by the preceding sec- tion of this act, and the apportionment for the expense thereof shall be made by the B(iard of Contract and Apportionment; pro- vided, however, that no notice of the assessment aud appoition- ment of the expense of work done und^r the provisions of the last section need be published in the city newspapers, but a notice of ten days specifying the amount of the pi'oposed assessment shall be given to the owner or agent in the inanncr prescribed in the last section, before the Board of Contract and Apportionment shall finally adopt such assessment and apportionment. A certificate of its service, attached to such notice by the Street Commissioner or 138 Charter of the City of Albany. officer serving the same, shall be presumptive evidence of its due service. New apportionments and assessments. — Certain improvements and repairs a city charge. — ^Tax for expense thereof. — Pay- ment of expenses. — Keeping pavements in repair, etc., requirements in contracts for. — Proviso. § 3. In case any apportionment or assessment heretofore or hereafter made for the work described in the preceding section or made for any work done under any law or ordinance duly passed by the Common Council, shall have been or shall be set aside by any court of this State, having competent jurisdiction, or shall fail or shall have failed from any irregularity in making or confirming such apportionment or assessment, it shall be lawful for and be the duty of the Board of Contract and Apportionment forthwith to cause a new apportionment and assessment, including the interest ■and expenses on the former apportionment or assessment, to be levied and collected; and such new apportionment and assessment shall have the same force and effect as though no former appor- tionment or assessment had been made. Provided, that all bridges constructed on the line of any street or avenue, or culverts con- structed over any stream or run of water across any street or avenue, and the maintaining and repairing the same within the street limits; also ordinary repairing the carriage-way at the inter- section of all paved streets and the carriage-way of all streets now paved or that may be hereafter paved with granite blocks or other kind of square stone or vitrified brick pavement, or with Trinidad sheet asphalt, and the repairing of the carriage-way of any unpaved earth, planked or macadamized streets and cross-walks thereof, except as otherwise especially provided by law, or where, by law, the expense thereof is to be paid by some other corporation or individual, shall be charged upon the said city; and the amount of money required to defray the expense thereof, which (except in the case of the bridges and culverts) shall not exceed five thousand dollars in any municipal year, shall be raised by tax in the same manner as other city taxes are levied and •collected; and the Chamberlain is authorized and directed to pay the charges and expenses thei-eof on the certificate of the street commission after the same shall have been audited by the Board of Contract and Apportionment. If any street shall bo paved, or repaved with other material than granite blocks, the Board of Contract and Apportionment shall provide in the specifications therefor that the Repairs. 139 contractor shall guarantee the pavement and shall agree to keep it in repair for a period to be specified, such period to be not less than five years, as a part of the cost of the work, and said board is hereby authorized to make and enter into such contracts. And nothing in this section contained shall be so construed as to prevent the city of Albany or its said Board of Contract and Apportion- ment from levying an assessment to defray the expense of any such work, or collecting the same from the owners of property so assessed, because of the foregoing requirement forming part of any such contract or contracts. (As amended by chapter 198, Laws of 1892, sec. 1, and by chap- ter 631, Laws of 1894, sec. 1.) After thirty days Chamberlain may temporarily borrow from funds named to pay for repairs. § 4. Thirty days after the confirmation of any apportionment for repairs done under and pursuant to this act, but not before, the Chamberlain is authorized and directed to temiwrarily borrow from the above-named fund, or from the fund known as contingent, or street contingents, and to pay the parties entitled thereto for the repairs so done, and for which any apportionment and assessment had been made and confirmed, and to refund the same from collec- tions made from said apportionments; provided, however, that the entire sum so borrowed for that purpose in any one year shall not exceed five thousand dollars. Carriage-way may be repaved with granite blocks. § 5. In making repairs to the carriage-way, it shall be lawful for the owner to repair or repave the <.'arriage-way in front of his premises with granite block, instead of the material composing the pavement which requires repair; such repavement to be done, how- ever, under the supervision and direction of the street commis- sioner. ] Deposit before making sewer connections. — Repairs to be made without delay. — Return of deposit. § 6. If any person shall desire to open the carriagt-way of any street between the curb lines for the puipose of making sewer, gas or water connections, and said carriage-way shall be paved with any pavement other than cobble-stones, the person desiring to make such opening must first deposit with the Street Commissioner such sum, not less than ten dollars, as the said Street Commis- 140 Charter of the City of A lb ant. sioner shall estimate the cost of repairs of the pavement broken for the aforesaid water, sewer or gas connections to amount to. Any penson making street openings in anystreetpavemeut except cobble- stones, without first having paid to the Street Commissioner the sum above mentioned as estimated by him, shall be deemed guilty of a misdemeanor. The trench openings made for the aforesaid con- nections shall be filled, and the pavement over the same restored, by the person to whom the permit shall be granted without unnec- essary delay. The repairs so made shall be examined by the Street Commissioner at the expiration of three months from the time of the making of said opening or openings, and if found to be improperly made or that the pavement has sunk below the level of the adjoining sound pavement he shall proceed to repair the same and charge the cost thereof against the sum so deposited and return the surplus, if any, to the depositor. If the cost of making said ri'pairs exceed the sum deposited, the excess shall be collected from the person to whom tlie permit is granted. And the said Street Commissioner is hereby authorized to bring an action at law for the recovery of the same in any court of competent jurisdiction in case the person making such opening shall refuse to pay such excess. Should no repairs be required at the end of the aforesaid three months, the whole of said deposit shall be returned to thb depositor. (Added by chapter 286, Laws of 1891, sec. 28, and amended by chapter 171, Laws of 1892, sec. 12.) TITLE XI. ReducinCx and Vacating Assessments. Assessment not to be vacated by reason of failure of contractor, but taxpayer or owner must make affidavit, etc. — Cases in which court must reduce assessment. — Contractor and sure- ties to be made parties. Section 1. No assessment that may hereafter be levied shall be void or shall be vacated by any court because of a failure on the part of the contractor to comply in the execution of the work with all the requirements of law or the contract in respect thereto. Provided that if any taxpayer or any owner of property liable to be assessed therefor shall make an affidavit during the progress of any work to the effect that such work is not done or being done according to law or the contract, specifying in what respects it does not comply therewith, and shall file such affidavit with the Reducing and Vacating Assessments. 141 Clerk of the Board of Contract and Apportionment and deliver a copy thereof to the contractor, his agent or either of the suretlea on his bond, and shall, within twenty days after the confirmation of the assessment, take the proceedings mentioned in the next sec- tion, the court may stay the payment to the contractor of any money under such assessment; and if it shall appear on the hearing in such proceeding tliat the defects stated in such affidavit exist, the court shall order that the amount assessed shall not be paid to the contractor and shall Dot be enforced by the fity imtil such work shall be done m accordance with law and the contract therefor, and no interest shall be charged upon the assessment during the time that the payment thereof shall be stayed, provided that the court shall finally decide that the defects charged existed and Avere of a sub- stantial nature. Whenever it shall in any way appear to the court that manifest injustice or damage has been done to the city or any person or propei-ty assessed by reason of a failure to comply with the •contract relating to any work, the coiu-t may, if it be before sale and before the contractor shall have been paid the sum provided by his contract to be paid to him. reduce the amount of the assessment or allowance in such amount as will enable the owner or the city, as the case may be, to have the work done in accordance with the contract, and if after sale or after the con- tractor shall have been paid, the court shall grant judgment tot the damages against the contractor and his sureties as hereinafter provided. The contractor and the sureties on his bond and their legal representatives, or such of them as can be served with pro- cess or notice, shall be made parties to any proceeding for that purpose and shall be therein adjudged to be liable to the party injured or the city, as the case may be, for the amount in which any assessment or allowance shall be reduced, if it appears that the contractor was in fault in the premises. If the city was in fault it shall be adjudged to be liable to the party injured for such amount. And all assessments heretofore levied in the city of Albany, proceedings to vacate, review or set aside which were not pending January fifteenth, eighteen hundred and eighty-three, are hereby validated and conflrmed. Application to vacate assessment on. ground of fraud. — Proceedings. § 2. If, in the proceedings relative to any assessment or assess- ments for local improvements in the city of Albany; or in the pro- 142 Charier of the Ci'j r of Albany. ceediugs to collect the same, any fraud or defect in the work, or substantial error, shall be alleged to exist or have been committea, the party aggrieved thereby may, within twenty days after the confirmation of the assessment and apportionment apply to have the assessment vacated or reduced, or both, to a judge of the Supreme Court, at Special Term or at chambers, or to the county judge, who shall thereupon, upon due notice to the coimsel of the corporation of said city, and to the contractor and his sureties, or any other person, if they, or either of them be proper parties, pro- ceed forthwith to hear the proofs and allegations of the parties. (As amended by chapter 242, Laws of 1887, sec. 11.) In case fraud exists, assessment to be vacated or reduced. § 3. If after such hearing it shall be finally decided that the alleged fraud or defect in the work, or substantial error, exists or has been committed, the said assessment shall be vacated except ■ as hereinbefore otherwise provided, and the lien created thereby, or by any subsequent proceeding, shall, except as hereinbefore- otherwise provided, cease; and hereafter no suit or action in the nature of a bill in equity or otherwise shall be commenced for the vacation of any assessment in said city or to remove a cloud upon title arising from any assessment hereafter made. In case the assessment shall not be vacated the assessment may be reduced or judgment may be given as hereinbefore provided. Owners of property shall hereafter, in proceedings to reduce or vacate or stay payment of assessments, be confined to the form of proceeding in this title mentioned. The court may, in a proper case in proceed- ings under this title, direct that any issue or issues of fact be tried before a jury. Assessment not to be vacated unless objections are filed within ten days after letting- of contract. — Hearing. § 4. And it is further provided that no assessment that may be hereafter made shall be void or shall be vacated; nor the sale of property therefor be declared illegal, or the deed or certificate of conveyance therefor be adjudged invalid or illegal, or any moneys paid on account of or because of said assessment be recovered back or refunded because of any error, illegality or irregularity in any of the proceedings in relation to the work or improvement for which such assessment is made, prior to the commencement of the work, including the letting of the contract for said work, unless some party objecting thereto shall have filed his objection li EDUCING AND VACATING ASSHSSMENTS. 143 or objections with the Ck-rk of tlie Board of Contract and Appor- tionment within ten days after the letting of the contract for said work, stating the error, illegality or irregularity complained of, together with his address; the Board of Contract and Apportion- ment shall thereupon give the person or persons filing such objec- tion or objections, together with the contractor to whom the con- tract to do the work was let, and the city of Albany, a hearing, and the decision of the Board of Contract and Apportionment shall be final and conclusive, unless within ten days after such decision, the party or parties filing such objection, or the contractor or the city of Albany, shall commence proceedings to review the same; and in the event that the said proceedings, or any of them, includ- ing the letting of the contract, be adjudged illegal, the conti-act for doing the work shall be and become null and void and in no respect binding upon the city. (Added by chapter 242, Laws of 1887, sec. 12.) Certificate of indebtedness not to be reduced unless objection was made before issue thereof. — New assessment in certain cases. — Assessments to pay certificates. § 5. When proceedings are taken because the work has not been done according to law, or the assessment is reduced because the work has not been done according to law, or the contract, and a certificate or certificates of indebtedness for such work or any part thereof shall have been issued pursuant to title nine of this act, and no objection shall have been filed prior to the issuing of such certificates, the court shall not reduce the assessment below the amount of the certificates so issued and the interest due thereon. Whenever an assessment for any public work or improvement, heretofore or hereafter made, shall be vacated or set aside under the provisions of this title, the Board of Contract and Apportion- ment shall forthwith proceed to make a new apportionment and assessment for the same, with interest thereon, or for such amount as the court shall, by its judgment, direct. (This shall not affect any person who, prior to .Januaiy first, eighteen hundred and eighty-seven, had commenced proceedings to vacate any assess- ment, nor in anj' wise affect such proceedings.) Whenever, in the judgment of the Board of Contract and Apportionment, it shall be desirable to make an assessment for the purpose of collecting the amount for which the city has issued any certificate or certifi- cates of indebtedness and the interest thereon, to any contractor or contractors for any public work, it shall be lawful for the said 144 Charter of the City of A lb any. board to make an assessment for such work against the owners of and upon the lots of ground, franchises, or real estate benefited in accordance with the law. and the same shall be collected and paid over in accordance with the law in such case made and pro- vided; and thereafter, when any further certiticate of indebted- ness shall have been issued for such work or any other or further amount shall be or be adjudged to be due or payable to the con- tractor or contractors doing such work, or because of such work, it shall be lawful for the said Board of Contract and Apportion- ment, from time to time, to make an assessment or assessments against the owners of and upon the lots of ground, franchises or real estate benefited therefor in accordance with the law, and the same shall be collected and paid over in accordance with the law in such case made and provided. (Added by chapter 242, Laws of 1887, sec. 12.) Appeals. — Limit. § G. Either party luay appeal from the final decision of the court, or a judge thereof, upon any proceedings taken under this title, the same as from an order in a civil action. Such appeal must be taken within ten days after the service upon such party of notice of such final decision. (Added by chapter 242, Laws of 1887, sec. 12.) Consolidation of proceedings. § 7. Two or more persons may unite in commencing and prose- cuting proceedings under this title; and when two or more per- sons have commenced separate proceedings under this title to vacate or reduce assessments for the same public work or improve- ment, the court or the judge before whom the same are com- menced or pending, or where some are commeu'ced before the County Judge and some in the Supreme Court, a Judge of the Supreme Court, at Special Term or chambers, may consolidate said' separate proceedings into one proceeding. (Added by chapter 64, Laws of 1890, sec. 6.) TITLE XII. Street Commissioner. Salary, superintendent of streets and lamps. — Salaries. Section 1. The Street (Commissioner shall receive a salarj' of three thousand dollars a year. He may appoint not exceeding two Street Commissioner. 1 45 Superiuteuclents of Streets, with the approval of the Mayor, who shall hold their places during the pleasure of the Commissioner, and shall perform such service as the Commissioner may direct. The salary of each Superintendent shall not exceed one thou- sand two hundred dollars per year. The Street Commissioner shall receive the further sum of five hundred dollars a year for the maintenance of a horse and wagon to be used by him in the execution of the duties of his office. (As amended by chapter 806, Laws of 1S95, sec. 12.) Clerk. — Employment of laborers. — Teams. 8 2. He shall be entitled to the services of the Clerk of the Board of Contract and Apportionment when such Clerk is not engaged in the work of said board. He may also employ from time to time, when necessary, not to exceed ten day laborers, who shall hold their places during the pleasure of the Street Commissioner, and shall receive for such services a sum not exceeding two dol- lars and twenty-five cents per day. Such Superintendents and day laborers shall perform such work as shall be required of them by the Street Commissioner. The day laborex's shall be paid out of the Sti'eet Contingent Fund, semi-monthly, by the Chamber- lain, on the certificate of the Street Commissioner. He shall also have power to employ, when necessarj', not to exceed two teams, to be paid for by the Chamberlain out of the Street Contingent Fund, under the certificate of the Street Commissioner, stating the time, place and nature of the services rendered by them. (As amended by chapter 171, Laws of 1892, sec. 13.) Additional laborers. § 3. The Street Commissioner may also employ, from time to time, such additional laborers as he may deem necessary, not to exceed, however, twenty-five in all. Such laborers shall receive for their services the same compensation and shall be paid in the same manner and at the same time as provided for the payment of day laborers in section two of this title. (As amended by chapter 171, Laws of 1892, sec. 14.) Powers of commissioner. § 4- The Street Commissioner shall have, in addition to the powers contained in section (title) ten of this act, the superin- tendence of the work, under the Board of Contract and Appor- tionment: ' 10 146 Charter of the City of Albany. 1. Of opening, altering, regulating, grading, flagging, curbing, guttering, paving, repaying, repairing, sprinkling and lighting all streets, roads, avenues, lanes, alleys, docks and places in the city, and keeping the same clear of obstructions (As amended by chapter 286, Laws of 1891, sec. 22.) 2. Of repairing and constructing all public •culverts, sewers and drains. Of repairing all plank-walks. Of street vaults and openings in sidewalks. Of digging and constructing wells. It shall be the duty of the Street Commissioner to examine the streets, avenues, lanes, alleys, places and squares of the city, and the drains, culverts and sewers thereunder, and to see that the same are kept in good condition and repair. He shall also, under general ordinances of the Common Council, fix and determine the position of all cross-walks in the carriage-ways thereof. Work done under contract to be accepted by the commissioner. § 5. All work done under contract entered into under the author- ity by law or "ordinance conferred upon the Board of Contract and Apportionment, or by direction, appointment or employment of the Street Commissioner, shall, before it is accepted, be certi- fied to by the Street Commissioner to the effect that such work has been done in a good and substantial manner, with the mate- rials required, of the quality prescribed and in the manner directed in and by the terms of the contract or of the direction, appoint- ment or employment by the Street Commissioner. Copy of contract, etc., to be filed with Chamberlain. § 6. It shall bo the duty of the Street Commissioner, and of any other officer having in charge any work the cost of which is to be paid by assessment or apportionment, to file with the Chamber- lain of the city, within ten days after the contract shall have been duly signed by the conti-actor, a certified copy of the contract under which the said work is to be done, together with a copy of the resolution or ordinance of the Common Council directing the work to be done and contract to be made. Certificate of completion of work to be filed by Street Commis- sioner or other oflacer. § 7. It shall be the duty of the Street Commissioner, and of any other officer having in charge any work the cost of which is to Stree'i Commissionhh. 147 be paid by assessment or apportioument, within ten days after the completion of said work, to file a certificate of such comple- tion, in the form above required, of the Street Commissioner with the Chamberlain, and to furnish to the Board of Contract and Apportionment a certificate in like fonu, stating in effect that such work has been examined by said Street Commissioner, and has been done in accordance with law and the terms of the con- tract as above provided. He shall also furnish to the said board and to the Common Council, when required, a statement of the items constituting the cost and expense of said work, together with the incidental expenses connected therewith. Lighting the city. § 8. The Street Commissioner shall have charge of the lighting of the city, and power and authority, under general ordinances of the Common Council, to determine the position of the lamps. He shall see that all contracts relating thereto are properly executed, and shall be entitled to the services of the police, who shall report to him all defects in the lighting of the city, of which said com- missioner shall keep a record in the office of the Board of Con- tract and Apportionment. Oil, gas, etc., to be supplied by contract. § 9. All the oil. gas and electric lights of the city shall be sup- plied under and pursuant to contracts to be let by the Board of Contract and Apportionment, which contracts shall ■cover and include the lighting and supplying of the lamps and the oil. gas and electric current respectively therefor, the cleaning thereof, and all materials required in the use and repair thereof. Claims to be presented monthly, etc. § 10. All claims under such contracts shall be presented monthly, and be audited by the Chamberlain and paid by the Chamberlain in lUie manner as other claims against the city directed to be audited by him, provided, however, that no such account shall be audited or paid unless it shall be accompanied by a certificate of the Street Commissioner, to the effect that the amount charged for therein is due, under the terms of the contract, for the work therein mentioned, and that the work has been done for the period covered by such account. 148 Charter of the City of Albany. TITLE XIII. ^ City Engineek and Purveyor. Qualifications and salary. — Deputy. — Assistants. Section 1. The City Engineer sliall be a civil engineer, liaving at least ten years' experience in his profession, and shall receive a salary of three thousand five hundred dollars a year. He shall appoint one deputy engineer, who shall be a civil engineer, hav- ing at least eight years' experience in his profession, or who shall, in lieu thereof, be a graduate in civil engineering at a technical school, and in addition thereto have had at least five years' expe- rience in his profession, and who shall receive a salary of one thousand eight hundred dollars a year. He shall also appoint one assistant engineer, who shall receive a salary of one thousand five hundred dollars a year; and one assistant engineer and draughts- man, at a salary of one thousand three hundred dollars a year; and one leveler, at a salary of eleven hnndred dollars a year; and one rodnian, at a salary of nine hundred dollars a year; and one chainnian. at a salary of seven hundred and fifty dollars a year; and one assistant chainman. for such time, not to exceed nine months in any one year, as he shall determine, who shall receive for his services the sum of two dollars and twenty-five cents per day. All persons appointed by the City Engineer to the above- mentioned offices shall perform such services and labor as he shall pi-escribe, and shall hold their offices at his pleasure. (As amended by chapter 398, Laws of 1888, sec. 12.) To make maps, etc., for oflacers and boards. § 2. The City Engineer shall make all surveys, measurements, maps, profiles, diagrams and plans required by any city officer or board, by the Common Council or any committee thereof, by the Board of Commissioners of " the Washington park of the city of Albany," or by the Water Commissioners, in the prosecution and performance of their or its official duties. (As amended by chapter 398, Laws of 1888, sec. 12.) To make maps, plans, etc. — Extra help. — Payment of same. § 3. The City Engineer shall make all surveys, measurements, maps, profiles, diagrams and plans necessai-y and proper for the taking of any land by right of eminent domain, or for the widen- ing, paving, repaving or otherwise altering, changing or improv- ing any street, avenue, alley, lane, square or lot in said city of City Engineer and Surveyor. 149 Albany, whenever they may be necessaiy for the use of any city oflacer or committee of the Common Council. He shall also make measurements and approximate estimates for all work to be done and materials to be furnished under contract with the city, and of all work performed and materials furnished, whenever such measurements and estimates shall be required by any citj- officer, the Board of Contract and Apportionment, the Common Council, or any committee thereof, and shall make to such officer, board or committee, a detailed statement of such measurements and esti- mates, accompanying the same with a certificate to the effect that such statement is in all respects true and correct. He shall also make all surveys, measurements, maps, profiles, diagrams and plans necessaiy for the use of any city board or for the Board of Commissioners of " the Washington park of the city of Albany," or by the Water Commissioners, when requested, in pursuance of a resolution of any of said boards; provided, however, that the City Engineer may, in his discretion and in accordance with a notification made to the board requesting such work before it is undertaken, employ such extra help in doing such work requested as he may deem necessary, and cliarge all expense of such work to the board requesting the same. It shall be the duty of any of said boards to pay the expense of any such work reqiiested to be done by the City Engineer, and to provide for the same in the manner now provided by law for the other expenses authorized by them to be incurred. (As amended by chapter 398, Laws of 188S, sec. 12, and by chap- ter 280, Laws of 1891, sec. 23.) Not to receive fees. § -4. Neither the City Engineer nor any of the persons employed by him shall be entitled to any fees, perquisites or allowances for any of the work above mentioned, done for or on behalf of the city, nor shall any of such pei-sons engage in engineering or sur- veying work of a private nature between the hours of nine o'clock in the forenoon and six in the afternoon, nor at such other time or times as the City Engineer may require their services. (As amended by chapter 398, Laws of 1888, sec. 12.) Expenses to be audited and paid by Chamberlain. — To be certified. § 5. All claims for expenses necessarily incurred by the City Engineer, and for materials used, and for articles heeded in the 150 "'• Ghakter of the City of Alb Ayr. execution of the duties of his office shall be presented in the form of accounts against the city, in the form required by law, and the Chamberlain shall examine, audit and pay such accounts at a proper amount, not exceeding that appropriated for the purpose. Such accounts, when presented to the Chamberlain, shall be accompanied by the certificate of the City Engineer, to the effect that the articles have been furnished at the times and in the amounts and of the quality stated in such account, and were necessary for use in the execution of the duties of his office and reasonably worth the price in said account charged therefor. (As amended by chapter 398, Laws of 1888, sec. 12.) Maps, etc., to be city property. — ^To be numbered and indexed. § G. All surveys, measurements, maps, profiles, diagrams and plans made or prepared by the City Engineer in the execution of the duties of his office shall be and are hereby declared to be the property of the city of Albany, and it shall be the duty of the City Engineer to number the same and enter such number, together with a brief statement of the subject or contents of such survey, measurement, map, profile or plan in a book or books to be kept for that purpose. (As amended by chapter 398, Laws of 1888, sec. 12.) Fence Viewers. § 7. The City Engineer and his deputy are hereby constituted fence viewers in and for the city of Albany. (As amended by chapter 398, Laws of 1888, sec. 12.) Partition fences. — Disputes. § 8. All partition fences in the city shall be maintained and repaired at the joint expense of the owners of the land on each side thereof; every dispute between such owners touching the suf- ficiency or the method of eonstruction or the repairing of any such fence, the division of the fence between them or the part each is to bear, respectively, in the expense thereof, shall be decided by the deputy engineer, but no such dispute shall be referred to or decided by said deputy engineer until the person or persons refer- ring the same shall pay the sum of five dollars to the Chamber- lain of the city of Albany, to be credited to the street contingent fund, and file with said deputy the receipt of the Chamberlain therefor. (As amended by chapter 398, Laws of 1888, sec. 12.) City ENGINEER and Surveyor. 151 Appeals. § 9. Any party interested in any partition fence, wliere a dispute has arisen on any question relating thereto, may appeal from the decision of the deputy engineer to the City Engineer, whose decision and determination in the matter shall be final and con- clusive, i (As amended by chapter 398, Laws of 1888, sec. 12.) Removal of buildings encroaching on streets. § 10. If any building now erected, or hereafter to be erected, shall stand upon or project beyond the range of the street, the City Engineer shall, upon receipt of written directions from the Mayor, send written notice thereof to the owner or pei-son erect- ing or maintaining the same, who shall, within ten days after the receipt of such notice, remove the said building to the range of the street laid down by the City Engineer, and in case of neg- lect or refusal of said owner or person erecting the same to comply with said notice, the City Engineer shall cause said removal to be made, and return the expense thereof to the Board of Contract and Apportionment, to the end that said expense may be assessed and collected, and the Board of Contract and Apportionment are hereby empowered to assess said expense upon the property of such owner in the manner prescribed by this act. (As amended by chapter 398, Laws of 1SS8, sec. 12.) Street grades. — Changes therein. — Monumenting new streets. § 12. The grades of the several streets and avenues hereafter opened, shall, within as eai-ly a period as is practicable, and not to exceed six months, be established by the City Engineer, a profile thereof filed in his office and reported to the Common Coun- cil, and said grade shall be, as far as practicable, upon one plane between the intersecting streets. Any change or modification in the existing grades of the several streets or avenues heretofore opened or now used as public streets of said city, and the deter- mination by the City Engineer of a grade for any such public street or avenue where none has heretofore been established by law, shall be reported to and be approved by the Common Council; provided, however, that the City Engineer may, from time to time, modify and adjust the grades at the intersection of streets, as circumstances may require. Such new streets shall also be monu- mented within the time above named, and the claim for the expense of such monumenting shall be presented a« prescribed in 152 Charter of the City of Albany. section six of this article and paid at a proper amount from the fund known as street contingents. All streets hereafter deeded to the city of Albany must first be monumented in a manner that shall be satisfactory to the City Engineer, and in accordance with his instructions, and such monumenting shall be considered a necessary fondition to the acceptance of any street by the city. (As amended by chapter 398, Laws of 1888, sec. 12, and by chap- ter 286, Laws of 1891, sec. 24.) Inspectors' duties defined by Engineer.— Notice of neglect of duty. — Suspension. — Substitute. § 13. The City Engineer shall define the duties of all inspectors of public improvements, and they shall report to him in such manner and at isuch times as he shall designate. He shall give notice, in writing, to the person or persons by whom the inspectors are appointed, and also to the inspector, of any failure or neglect on the part of any of said inspectors to properly perfoi-m his duty, and upon receipt of the same by said person or pei-sons and inspector, the inspector complained of shall be suspended from his said office forthwith, and shall be removed unless the said inspector show directed to be raised. Care of city poor. § 2. He shall have the supervision and care of tlie poor of said city, and shall have the right to make, from time to time, requisi- tions, in writing, upon the Chamberlain of said city for such sums as may be required, under the provisions of this title, for the temporary relief of the poor tJiereiu, which requisitions, when indorsed with the written approval of the Mayor of said city, but not otherwise, shall be paid by said Chamberlain. Investigation into antecedents of indigent poor. — Entries to" be kept. — Power to commit to hospital. — Notice of death or dis- charge to be given Overseer. § 3. Whenever it shall become known to the said Overseer of the Poor that any person who is blind, lame, old, impotent, insane or decrepit, or is in any other way disabled or enfeebled so as to be unable by work to maintain himself or herself, has no visible means of support, and is or is about to become a charge on the public, it shall be the duty of the said Overseer diligently to investigate and inquire as to the antecedents of such person, whetlier he or she has any relatives legally bound to support such person, what his or lier last place of residence was, and from what place he or she came into Albany county, and for what time he or she has resided or been in Albany county. All of which facts, together with a statement of the relief granted or of the disposition made of the case, shall be entered fully in a book to be kept by the said Overseer of the Poor, in which shall be also entered the name, nationality, color and age of such pei-son. If it shall appear that such person has relatives legally bound to care for and support him or her, the Overseer of the Poor shall take proceedings to compel them to support such person. If, from such investigation and inquiiy. it shall appear that such person has no legal settlement in Albany county, it shall be the duty of 158 Charter of the City of Albany. the Overseer of the Poor, as soon as the couditiou of the applicaut will permit, to take such proceedings as are authorized by law to relieve Albany county from his or her care and support. He shall have power, by a commitment in writing, to send to the several hospitals of the city of Albany such of the sick poor as he may think proper, provided that the expense of their care and support in such hospitals shall not exceed the amount appropri- ated for such purpose; and such hospitals shall be paid quarterly, upon the certificate of said Overseer, accompanied by the com- mitment and an affidavit of the proper officer or agent of the hospital, showing the date when each person was received and the date when each person died or was discharged, and the time during whi'Ch each person was cared for therein, such sum per week as may be agreed upon by said Overseer, with the approval of the Mayor of the city, ^^ith each of said hospitals, for the care and maintenance of the sick poor confided to their care. It shall further be the duty of each hospital to notify the said Overseer of the Poor, in writing, of the date of the death or discharge of each person committed to it under the provisions of this title, within twenty-four hours after such death or discharge, and for a neglect to do so shall forfeit any claim for compensation for caring for such person. Temporary relief. § 4. The said Overseer shall have power, within the limit of the amount allowed him under the provisions of this title, to give relief to the poor in cases of temporary emergency, but not in continuous or periodic aid or support of such poor, and no sum exceeding ten dollars shall be paid or applied to the use of any one person or his or her family in any one year, until the special circumstances of such case have eaeli time, when furtlier aid or assistance is afforded, been presented in writing, to the Mayor of said city, and he has indorsed thereon his approval thereof; whenever it shall appear to said Overseer that any per- son applying for relief is in such condition as that such person cannot provide for himself or herself, or his or her family, and in the judgment of such Overseer he or she can be more comfortably supported at the alms-house, it shall be the duty of said Overseer to commit and cause the removal of such person and his or her family to the said alms-house or other proper place. 0 VERSE KR OF THE PoOR. lf)9 Assistant's salary, etc, § 5. Said Overseer may employ an assistant at a salary of one thousand dollars a year. The Board of Finance of the city of Albany shall insert in the annual tax budget, proposed by it to the Common Council, the amount necessary to cover the expenses which will be incurred in carrying into effect the provisions of this title, and the Common Council shall insert the same in the annual tax budget, and the same shall be levied, laid and assessed as other city taxes. Monthly reports. — Orders not to be drawn on stores, etc. § G. The said Uverseer shall malie monthly, to the Common Council, a just, full and true report and account, to be verified by him, of all moneys and property coming into his hands, and of the manner of the expenditure and disposition thereof, and if any part of said expenditures are in coal orders or store orders, the amount of coal orders and store orders shall be stated and the names of the persons who are therein required to furnish the supplies. He shall also separately state the amount represented by orders issued more than three months prior to such report which are outstanding at the date thereof, and the amount repre- sented by outstanding orders issued within the three months pre- ceding the date of such report. No orders shall be issued on any store or place in which liquors are sold by the glass; and no orders shall be issued in excess of the amount for which the Overseer's requisitions have been allowed, after deducting from such amount all other expenses, disbursements and liabilities con- tracted to be paid therefrom. The Overseer shall retain in his hands sufficient money to pay such orders until the end and expiration of three months after the date of their issue, and there- after he shall, at the time of presenting his monthly reports to the Common Council, repay the amount, representing orders not redeemed within three months after their date, to the Chamber- lain, who shall credit the same to the appropriation for the poor. Said orders shall be dated when given, and shall have clearly printed across their face the following words: " This order becomes void if not presented for payment within three months after the date of its issue," and unless presented for payment to the Overseer of the Poor within such three months it shall be void and shall not be paid. It shall be a misdemeanor for the Overseer of the Poor to incur any expense, pay any money, or 160 Charter of the City of Albany. issue any orders iu excesis of the amount allowed to bim under the aforesaid requisitions. (Sections 7, 8, 9 and 10 omitted in amending title XVI, by chap- ter 302, Laws of 1885.) City Mahshal. City Marshal. § 11. The City Marshal shall receive a salary of one thousand dollars a year; he shall assist the Clerk of the Common Council in the execution of the duties of that office, and shall perform such other duties as are required of him by law or may be required hy ordinances of the city of Albany or the Mayor of said city. (As amended by chapter 398, Laws of 1888, sec. 13, and by chap- ter 64, Laws of 1890, sec. 7.) InSPECTOK of VVkIGUTS and MliASUUES. Salary. § 12. The Inspector of Weights and Measures shall receive an annual salary, to be fixed by the Common Council, not, however, exceeding three hundred dollars, and his duties shall be prescribed by ordinance. He shall make, under oath, at least quarterly, a report of all fees and moneys by hiin collected, with the date, person from whom, and the amount received, and pay over the same to the Chamberlain of said city. (As amended by chapter 806, Laws of 1895, sec. 13.) Other City Officeus. Salaries. § i:>. Eacli district physician shall receive a salary of four hun- dred dollars per year, and shall reside in the district for which be is appointed. The Mayor's clerks shall receive, respectively, fifteen hundred dollars and nine hundred dollars a year, and each city bell-ringer sixty dollars a year; the two men who shall operate the Lawrence street bridge shall receive such compensa- tion during the season of navigation as the Mayor shall, by a cer- tificate in writing, to be filed with the Chamberlain, from time to time direct, not, however, to exceed the sum paid by the State of New York for similar services. Private Property fou Public Use. 161 TITLE XVII. The Taking of Private Pkopertv for Public Use. Common Council may take land for public improvements. — Petition for street opening. Section 1. It shall be lawful for the Common Council of the said city, whenever it shall deem it necessary, by a vote of two- thirds of all the members elected to said Common Council, to be taken by yeas and nays, which vote shall be entered in the min- utes, to take within the city any ground or real estate with the appurtenances, belonging to any person or persons or corpora- tron, for the purpose of laying out, opening, extending, straighten- ing, widening or altering any street, road, avenue, park, square, wharf or slip, or for the puiiiose of laying out, constructing or maintaining any drain, sewer, culvert or aqueduct, or for any other public pui-pose or use. Provided no ground or real estate shall be taken under this act for the laying out, extending or open- ing of any street or avenue, unless a petition asking for the same shall have been presented to the Common Council, duly signed and acknowledged by one or more persons owning not less than one-third of the number of feet fronting on said proposed street or avenue, as provided by section twenty-nine, title three of this act in relation to filling, forming and paving streets and avenues. (As amended by chapter 150, Laws of 1S91, sec. 1.) Proceedings to acquire title. § 2. "When said resolution shall have been approved or duly passed, notwithstanding any objections made by the Mayor, the Corporation Counsel shall cause a notice to be published twice a week, for two weeks successively, in the official newspaper pub- lished in said city, specifying and describing the land necessary for such public improvement, and that an application will be made to a special term of the Supreme Court, or to an adjourned special term thereof, held at cliambers, in the Third Judicial Dis- trict of the State, at a time to be specified, for the appointment of commissioners to inquire into and to determine and award such damages and compensation to the owners of or persons inter- ested in such lands to be taken as they severally will be entitled to for the same. The said Coi-poration Counsel shall apply, pursu- ant to the notice above mentioned, for the appointment of such commissioners. 11 \G'2 ClIAIill-.li f'F I III. (II) III- \l.i:.\.\\. Commissioners to appraise damages. § .'!. The touit, at said tcrin, and i»n tin- ilay oi" said ai)plit.atiuu, sliall appoint tlin-e disiutert'stcd fitizi-us, frotjholders of the county III" Ali»aii.v and icsidt'nl.s uf said city nr i-uunty, to be such cDniinissinurrs. Judge to be disqualified. § 4. N(i .iud;;(> of tin- Suiuvnn- Court sliall Ik- disy ol»jo<*tion taken In the proceeding before him that he or some person related to him witliiii the ninth doj?roo of eonsjinnuinity owns or i« int«-r- ested in tlie i)roperty to l»e taken, or some portion thereof. Objections and challenges. § 5. Any objections or cl»allenj,M's to any or eitlier of tlie per- sons so appointed must lie made to the court on the day and at the said term of said court, and befoiv the iMitry of the order, appoiiitin.i^ such connnis.sionei-s, and any ol)je(tlon to any commis- sioner not taken at such time shall not lu' afterward raised In l)roceodinj;s to vacate or deidan- voiil or illegal any i)roct'edin{;s liad liereunder; if any objections or cliallen^t'S be made to any or either of the persons named, the court sliall summarily liear the same, and may, on said day, or any subsequent day to which the matter may be adjourned, appoint another or other commissioner in place of the person tirst named; or instead of any or all of said persons desii^nated wlio may fail to serve or qualify. Official oath. — Notice of first meeting. — Report of. § 0. Tlie commissioners shall take and subscribe the oath pre- scribed by the twelfth article of the constitution; any of them may issue subpoenas and administer oaths to witnesses; a majority of them may adjourn from time to time, in their discretion. They shall give public notice, by a notice to be publislied daily for ten days in the oflicial newspapers of said city, of the time and place of their first meeting. They shall view the premises described in the notice ard applicaticn for the appointment of commission- ers, and hear the proofs and allegations of the parties, and reduce the testimony, if any, taken by them, to writing. They shall make a report of their proceeding to the Supreme Court, with the minutes of testimony taken by them, if any; and in said report shall state the amount of compensation and damage which ought justly to be paid by the city of Aljbauy, and which they Pkivatk Property for Public Use. 163 have awarded to the owner or ownei-s or i)ersons interested in the real estate so to be taken. Notice of application to confirm report. § 7. Sudi report Ix-iiig made by said cnuimissioners, the Cor- poration Counsel shall cause a notiee to be published in the otlicial newspai>ers of said city fur ten days that said report shall be prtrseuted to the Supreme (.'ourt. at a Special Term, or an adjourned SiK.'cial Term, held at chambt-rw in said Third Judicial District, to be in said untice desjiguated, and the court shall there- upon hear all objections made to said report, and consider and decide upon the same, and may conlirm or modify said report, or may send the same back to th<' commissioners for such further action on their part as s\m.\\ Im? proper, and shall make an order containing a recital of the .substamo uf the proct-edings in the matt<-r of thf application and a dfscription ot the real estate apprai.sed for which compt-iusation is to be made. Nothlnp: herein coiitainL'*! shall in any way affrct any pr<»cc«Mlin>js now pcndinpr. (As amended by chapter 286, I..awa of 1891, sec. 34.) Certified copy order to be recorded. S 8. A certilitHl copy of the order, etc., made as aforesaid, shall be recorded at full length in the Clerk's otflce of Albany county, and thereui>on and U|)on payment or deposit of the sum to be paid as o>mp«'ti.sation tlu« city of Albany shall be iMitltled to enter upon and Ik- Mcizi'd of tiip U'v of tlir nal otiti" su t:ik< n as afon-said. for said public ILsr. Statement of costs in proceedings to ac(|uire land. — ^Taxation of costs. — Payment thereof. §9. Aftt-r Kaid ordi'r of conlirmatiuii has been granted, the Cor- poration Counsel shall prepare a statement of the costs, expenses and disbui- f the pr taxi'd and adjusted by any Judtfe of the Supreme Court In the Tlilnl Judicial district, or any Special Tenii of said court In said district. The Chaiubcrlaln <>f said city Is authorized and dlrivted to, and upon ami after such taxation and adjustment, shall pay the said costs and expenses and dUbursementa as taxe«l ami adjustcpy of such order of conllrination, tofji-tln-r with a certllkMl copy of said costs, dlsbursemeuLs and expenseet as taxed and adjusted, shall be furnished by the Corporation Counsel to the Clerk of the Board of Contract and Apportionment, and said Board of ('ontract ami Apportlonnx'nt shall thereupon prt>oeectlnK salil assessments, as salil l)oard may determine will be necfwsarj', upon all the real estate by said board deemeersun to whom the award is made, and the amount of such award, and acknowledging an Indebtedness on the part of the city to the pei-son therein named In the amount of such award and interest thereon from the date of such coutirmation. Such certillcate shall also state that it is payable on the first day of February following the adoption of the then next annual tax budget of the city, unless sooner paid by said city from the moneys collecteil upon the as*ii-«;snient made by the said Board of Contract and ApiMjrlioumeut for the puri)ose of paying such award. In the case of unknown owners the Chamberlain shall (and as to any or all of said real estate which the Chamberlain may elect, he m:iy) deposit sihli certificates In the bank «lesignatetl for holding such monej'h. and when moneys are collected fn>m the assessment he shall deposit such moneys to the requlrwl amount In said bank and take up said certificates. The Common Council shall Include In the next tax budget the auKjunt of such awards and interest as aforesaid then remaining unpaid, and when collected such sums shall bo paid to those parties holding such certificates or deposited for the puri>ose of taking them up as Is herein provided. And upon payment or the deposit of the money therefor all liability on the part of the city shall eease. And when the balance of the assess- ment shall be paid, the muney arising therefrom shall l»e trans- ferred to the contingent fund. No certificates shall draw Interest for a longer time than until the first day of February following the adoption of the annual tax budget next after the date of the cer- tificate, nor for a longer time than up to Its payment. In case of any deposit being so made notice of the same shall be Immediately published by the ChamlK-rlaln of the city In the official papers for ten days, specifying the name of the person to whose credit said depoeit has In'en made, or In a genenil way a designation of the real estate for which It Is made and the amount thereof, and In what bank depotslted. (Ab artipnded by chapter W, Laws of 1890. sec. 10.) Owners to prove title. { 13. In order to determine to whom or to whose credit such pay- ments or deposits shall be made, It shall be the duty of the owner or owners of any property taken as aforesaid to prove, to the satis- faction of the commissioners, their title to the premises taken, or any part thereof, before the report of the commissioners shall be KiG Chautkk of Tilt: City of Albam'. couflrmeil; and If ajiy owner uetfli^t'ts to prove bis or her title to the prembjos taken, or If there lie any quentlon as to the title, or as to any Hens or Incunibraneert on any of wild real estate, the amount of the award for siuh real estate shall, neverthelesB, be depositoil as aforesaiil, to the credit of such real estate, to be paid either wholly or in part to such person or persons as shall by the order of said court, or a Judne thereof, upon notice to the Oorpom- tlon Counsel, be declared to be entitled thereto; and If any such owner or person interestetl Is au Infant, the siild court may author- ize the amnunt iR-loiiKinK to said Infant to be paid to his or her guardian or trustee, who has given or shall give eatlsfactorj- security to account to the said Infant for and pay over the same. Fact of infancy to be stated and money paid on order of court or judge. § 14. If the amount belon;;ing to an Infant Is deposited as afore- «iald, the fact of siich Infancy. If known, shall be statiil In the entry of such deixvsits upon the boal estate which shall have been acquired and tak.n as aforesaid, for any of the purposes aforesaid, to be removed or M.ld at auction to the highest bidder, on giving ten day.* notice In the otlldal papers of tbe city: the expense of such gale and removal to b». paid by the purchaser, or out of tbe pro- ceeds of said sale, and tbe balance to be paid into the city treasury. In case of payment by mistake parties entitled may bring suit. I 18 In ca«e any sum or ^ums which shall have bei-n awarded as aforesiild shall be paid by the said Common Council through mistake to any in-mon or ihtsous who Is or are not legally entitled thereto It shall be lawful for the jK-rson or pers^^ns who shall be legally entlthHl thereto, hte or their helr«. executors or adminis- trators, or for the said city of Albany, to sue for and rt^^over the san.c with lawful Intcn-t and costs of suit, from the person who shall have recelvt^l such sum or sums. In an action for money had and rec-elved to hh* or their use. When lease to be in whole or in part discharged. § 11> In all cas.s when- the whole of any lot or other real estate which Is subject to a lease or other ajn-t.-ment «hall be nMiuln-d and tak,n bv the said Common O.uncll for any of the purposes aforesaid all tbe covenants and stipulations contained In such lease or agn-ement shall, upon the .ontirmatlon of such report a^ afore- Mld bv the said court or judge, cease, determine and be absolutely discharged: and In all cases where a part only of such lot or other real estate shall be required and taken ais aforesaid, the covenanta. H)H Cl/AKTKK OF IIIK ('iTY OF AlUASY. contracts and Rtlpulatlons shall ceai»t', detiTiulne and bt* ab»olut»'Iy dlaeharKtHl, so far only as nlatt's to such part; and It nball be lawful for th»' said court or Judno. upon the application In writing of either the landlord or tenant, or th«' party Interested In the part of such lots or real estate, to appoint three dUlntiTiwted fn-'holdrrB of the Bald city, to determine the rcnta to be thereafter payable, by virtue of such lease or aRrwiuent. for the residue of such lot or real estate which shall be rrqulred and taken n» aforesaid; and the detenninatlon In wrltlnjr. under the hands of the person* to appointed, or any two of thenj, on Ik-Iuk conllnntHl by the said court or Judge, Hhall be conclusive and binding on all parties who may be Interestinl In the part of ^uch lot or other real estate requlntl and takt-n as aft)rt*ald. Streets, etc., open for five years to be public. S 20. All streets, avenues and alleys In said city which have been or may be thrown ojK'n to public use. and have been or may l)e used as such for live years continuously, shall be deemed and taken to be public street*, avenues and alleys; provided that the Common Council Hhall. by a vote of two-thirds of all the members elected thereto, accept such streets, avenues and alleys; and the city of Albany and the Common Council thereof shall have all Jurisdiction and |K)wer In respect thereto, the same as If euch streets, avenues and alleys had U'en or shall be openiil by pro- ceedings had for that purixise under the provisions of this act. (Added by chapter 286. Laws of 1891. sec. Jl.) Damages from alteration of grades. — Notice of application for commission. — Commissioners, qualifications and duties. — Apportionment and assessment. §21. Whenever the Common Council, by law or oniinanci' duly enacted, shall alter the pitch, level or grade of any street In said city to the damage of any person being the owner of any building or other structure upon the lot abutting such portion of the street, any such person may, by giving the notice required In and by section tw« of this title, which notice shall specify and de>x;rlbe by metes and bounds the lands on which euch building or other structure is situated, shall contain a brief description of such building or other sti-ucture, and also a reference to such ordinance and the date of its passage, and upon serving a copy of such notice upon the Corporation Counsel of the city of Albany, at least ten days prior to the date of the hearing specified therein, apply I'HivATK Property for Plulic Use. I(j9 to the Supreme Court, in the mauner in said section provided, for the api»olntmi-ut of three com s who shall possess the same qualifications and who sh • -1 In the same manner as In gectlong three, four, five and six of thi/^ title prescribed, and shall apjKjrtlon and award tlio daraases and recompense which any owner of any such house or lot shall sustain V»y reason of the alter- ation of any established pitch or prade of any street, and after such award sliall have been conflrmed, and the cenentM by such alteration of the pitch, level or jjrade of Kuch street. Said apiH>rtlonment and assessment shall be returned to the Suprmie (>)urt for confirmation, after jflvlnjj ten days" pnvIouH ootice. In writing, of the time whou anerlaln In the same manner as In the act provld.Ml for the collection ' •' - rwstvsments nrwi u.t-.rtinn- ments. (Added by chapter a«. Lawb of 1»I. bcc. SI.) Pay of Commlssloneri. — Clerk. j oo And • sliall I"' paid for lii- u :•- i > !■ <^ at a'rate i. rs i^r day. The Clerk of the Board of Contract and Apportionment shall 1h> the clerk of the ga'.' ... - nnd shall -'■ ■ — — '■ "'>■<«"• ativ :i,l.l!tlonal (Added by chapter 2M. Laws of l»l. •««. 31.) Owner liable for costs and expenses.— Award, how paid. f 2:?. In cas«.' said a.«*sessment and apportionment shall not be confirratsl by the court to which tho same is presented, or Is not referred back to the same or oth. rs for a rehearing or further report, or In case said •. - "hall report that thi? owner of such property is not entitled to the award of any j1 , h owner shall Ik? liable for the („., f such proceedings, which when adjusted as In section nine of this title provided, shall be a lion upon the house and lot of land, or either, so alleged to have been 170 <'iiMnt:i{ OF Tiik i'nr of Alhasy. duiuuged. and sliall be collected by the Chamberlalu as herein bufore provld.d In the case of lots of t,M*'>uu TITM; XV III. (lENKUAr. ril<>\ |!^I<.\S. Officers not to receive perquisites except in cases named Section 1. No officer of the city government shall have or receive any perqul.-iltes or any compensation or romnil^slon for services pertaining. dlrecUy or Indirectly, or which may hereafter be added to the duties of his office. In addition to his salary, except as ta herein otherwise provided. (As amended by chapter 80«. Laws of 1895, sec. 15.) Official bonds. §2. All officers or other persons who shall l>e intnusted with the receipt or expenditure of money, or any other pi»perty of the city of Albany, shall, before entering ui>on such duty or trust, give sufficient security for the faithful performance of their respective duties, in such form and amotmt as the <'oinmon Council may pre- scribe, which security shall be renewed whenever the Mayor and Common Council shall deem it advisable for the pul)lic interest. No additional allowance to be made. § 3. No additional allowance, beyond the legal dairi which exists under any contract with the corporation, or for any services on its account or in its employment, shall ever be allowed. Bids not to be accepted from persons in default. § 4. No bid shall be accepted from or contract awarded to any person who is in arrears to the corporation upon debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to the corporation. GEyEKAL Provisions. 17 L Penalty for bribery or attempt to bribe. S 5. Everj' pcrsou who shall promise, offer or give, or cause, or aid, or abft iu causiug to be promised, offered or giveu, or furuish la whole or lu part, to be promised, offered or jjiveu to any mem- ber of the Common Council, or auy ollicer of the city of Albany, after his election or appointment as such mejuber or officer, or before or after he shall have qualitieil and taken his seat, auy iMOueyw, yoon conviction, l>e lmprli»ou«Hl In a iK'iiltentlary for a term not eice ii,> of Albany who shall accept any gift or promUe, or undertaking to make the same, under any agreemeut or uudersttinding that his vote, opinion. Judgment or action shall be lutlueuced thereby, or shall be given In any question, matter, cause or procetidlug then pending or which may by law be bnm. ;•-• him in his official capacity, hhall Upon conviction, be d. 1 from holdiug auy public office, trust or appointment undiT the city of Albany, and shall forfeit his office, and shall bo punished by Imprisonment In the penltentiarj' not excedlug two years, or by a line not exceding live thousand dollars, or l>oth. In the ' of the court. Kverj- I>ersou offending against either of t! . -ions of this or the preceding section shall be a competent witness against any other I><-rs«»n offending In tlie same tninsxiction. and may b».' compelleil to .-ipiK-ar and give eviilence before any gran«l Jury, or In any court. In the same manner as other jM'rson.s; but the testimony so given shall not 1m» used In auy prosei-ution •"• -.'-."•. .-!i>iir ..lyi] or crimi- nal, against the person so testifying. Penalty for willfully violating this act by city officers and employes. S T. Any officer of the city goveniment. or any person employed in Its service or paid from the city funds, who shall be adjudged in any action or proceeding pending in any court of record to have 172 CUANTKU OF THE ClTV OF .\Ht.\SY. willfully violated or evaded any of Uie provlslous of tlila act, or coiumltti'd any fraud uimjii the city, or cunverted any of the public property to his own use, or knowiujjly periulttetl any other pt-rson so to convert It, shall be denied guilty of a ujlsdenieanor, and. In addition to thepenultirs InijHised l>y law. shall f»irfeit his olliceand be excluded thereafter from receiving or holding any otlice under the city (if Albany. Such forfeiture shall imly take place after conviction of the uilsdtMueanor or an ailjudicatlon in 8er to the decision of the action or prw^eeding, sliall also adjudge that such otTlcer has forfelteaine. Horse railroad companies to keep tracks paved, etc. § 12. It shall be the duty of all horse railroad companies to cause that part of the street and paveouent, throughout the city, upon whitli thrir tra«'ts. If any niilnwid c: "ill refiuw. negli-ct or delay to do the work lierein requir. iief of rollce shall cause the said work to Im? done and ^llall certify to the Chamberlain the expense thereof. Tlie Chamlx'rlaln shall pay such amount and Hlmll forthwith nie a statement of the expense thereof with the Hoard of C4>ntract and .\pportlonnient to the end that said expense may be asst«.'*<'«I and colleof«Nl. and the Hoanl of Contract and .\pportionu>ent are hereby emjwwered to assess said expense on said company, in the manner provided by title ten of this act, and oi)Ilect t!if s;uno by «Mit ..r r>t!i.'rwiM«, In the name of the city of .Mbnny. (As am-ri !•••! >■> ■ t.ii.f r -'• i*tws of 1895, Bee. l?.) Persons presenting claims to use their own names — Penalty for violation of this section. $ 14. All persons presenting bills for paj-raent of claims against tlie fity or any l)oanl or connnission therof shall use their 174 CiiAuiHu OF Tilt: C/iy of Alhasy. own iiaiiics ur tin- naiiitts of tht' flriii of which they are in»'m- bcrs. If any pi-rsoii shall use a iiaiiu' (ithrr than hie own. or that of tht' linn of which lu- Is a incinhor, he shall bi? guilty of a inls- denioanor, ami any nionilx-r of any boanl or coininlsslou, or any olHcMM- of thf city, who shall knowingly pa^s, audit or jiay any such claim shall be Kuilty of a like offcnso. The Chainberlahi, uiMMi receipt of a complaint umler oath and In wrltlnjr, signed by any citizen, statins that he has reason to believe that any nlej;al claim has been ineseiited, shall withhohl payment of the claims dt^signated until salislied they should be paid. Willful false swearing on such complaint shall be deemed to be perjury. Manufacturing companies, taxation of. §1"). .Ml miuiufacturlnj; corijorations actually located and doing btisini-fis in the city of Albany nhall be assessed and ta.\ed upon their real and personal proi»erty In the same manner as individuals and not otlierwise. 'Jhe personal estate of each such corporation shall be ass(\ssed in the town or ward where the piinclpal oflice or place for transacting tin- tinancial concerns of the c<»mpany shall be. or if such corporation shall have no principal office or place for transactlnj; its llnancial concerns, then In the ward in the city of An)any where the operations of suvh corporation shall be carried on. Stockholders not to be taxed. § 1(5. The holder or owner of stock in any corporation men- tioned in the precediui;; section shall not be taxed as an individual for sucli stock. Legal holidays, provisions as to. § 17. Wlienever the time for tlie doing of any act required to be done by tliis act or by any law of the State, or the time for the meeting of any Inward or commission, except the Common Council, happens or falls on any legal holiday, such act shall be done and such meeting shall be held on the next tecular day or day upon which business can be legally done tliereafter; and any notice, law or resolution which is required by law to be published in the official papers of the city, may be published on any holiday except Sunday and any notice, law or resolution heretofore published on any holiday except Sunday, is hereby, so far as said publication is concerned, legalized, ratified and confirmed. (Added by chapter 398, Laws of 1888, sec. 15.) AsSESSOJiS. 175 TITLi: XIX. AssK6fy»KS. Assessors office to be open to public. Section 1. The Assossors of tljo city of Albany shall be provided, At the expense of said city, with a suitable and convenient otlice In the city of Albany, together with requisite bnable times be open to public liuspectlon In their said (iflioo. (As amended by chapter 288, Laws of 1886, sec. 1.) (LawB of 1886, chapter 288, sec. 2. The sum of one thousand and twenty-thn-e lulLi!" :iu.llt>d In the years elg^hteen hundred and plKhty-fuur ii! :n i r>-;i>-urer of Albany county.) Salary. § 2. Kach of sfild assessors shall nx-elve as compensation the sum of tliree thousand dollars annually, to be paid by the Cham- berlain of the elty of Albany in montlily payments, and the said AKs^'.^sor.-* shall be rcis!dent.s and frwliolders within the said city. Clerks, appointment of. etc. §3. The Assessors of said city, or a majority of them, who shall 1k' appointed under this a<-t shall, within ten days after the passage of the act. appoint a <-lerk. wh<«e duty It shall be, under the control and direction of the .\ssessors. to take charge of the lHK^»k«, papers, asse?;sment-rol!s and records pertalnfng to the offlce of said Assessors. Such appointment shall be In writing, under the hands of said As.«jes«ors, or a majority of them, and sliaJl 1k' filed in tlie office of the Clerk of the Comnuui Council. Said api)ointment shall continue during the pleasure of said Assessors, or a majority of them, and fsaid Assessors may, from time to time, as they may dwm proper, revoke said appointment and appoint a new clerk as above described. Said dt-rk .«liaH receive an annual salary of one thousand dollars, payable by the Ch.imberlaln of the city r.f Albany In monthly Installments. 17(5 CuMiTKii OF I UK ('ny OF Aliiaw. TITLi: XX. In Uki.aiion ri> I5i ii.niMis in tiik City «>k Ai.iiany. and kok teii I'kkvkniiwn ok Fikks in Saii> City. Construction of certain buildings prohibited. — Alterations and repairs. — Proviso. — Sheet iron and other metals not to be used for outer walls. Section 1. No bulldin;;, shi'il. shoj) or otlier structure of auy kind, the outside walls, party wnlltj or exterior lateral walls, of which Khali bo composed in whole or In part of woot in the way of ordinary repairs of ordi- nary wear and tear; provided, however, tliat when any incloseC buildinj:, that is to say, a bulidlnj; having lateral exterior walls completely inclosing its area, and said walls restluR In or upon the g:round and said buildinj: covered at the top of said walls with a roof, is erected or constructed or now exists, the said exterior walls of whicli are wholly of bricU, stone or iron as hereinafter described, wood may be used in the constniction, alteration, rebuildinij or repairini: of its exterior doors, windows, stoops, bal- conies, cornict>K and piazzas, and in the constniction, alteration, rebuildins: and i-epairinj; of its interior, and of the roof, provideCt the roof be covered completely with some metallic or slate fire-proof substance. But no sheet-iron. corruLrated iron or other metal shall be used for the construction of the outside walls or exterior lateral walls of such buildinc:, shed, shop or other structure unless as a coverius for a brick wall Avhich shall be at least eight inches in thickness throughout its whole extent. (As amended by chapter 286, Laws of 1891, sec. 35.) Penalty for construction of building in violation of this act. § 2. If any dwelling-house, storehouse, manufactory or other building whatever, shall be erected, constructed, altered or repaired lifLATjyo TO BriLDJAGS. 177 contrary to tlit« provisioiie of section one of this title, the owner or owners thereof shall be deemed guilty of a misdemeanor and shall also be liable to a penalty of one hundrtnl dollars for each and everj' euch oflfeuse, to bo collected of said owner or owners by suit in the Supreme or County Court in the name of the city of Albany, and for ea<-h and »'V«'ry day thereafter that such violation sliall be p<'rniitti-d by said owm-r or owners tt» exist, an additional IH'iialty of twenty-live dollars sliall l>e imposed, to be colleeled by the same proceedin.:; and in like manner as hereinbefore set fortii; and every builder wiio shall buihl or roof, or assist in liuildiiiK or rooting, such dwellin^'-liouse. storeiiouse. manufactory or other bu!ldin»; whatever, sliall be liable to a penalty of two liun- driMl and lifty dollars for each ami every ofTi-nst', to be collected by the same proceedin;; ami in like manner as hereinbefore set forth: and all such |H-nallies when collected shall be jiaid ovo- to the <'liamberlain of said city for the use and iM-iietit of the Fin- Depiirtiiient of the fity of Albany. And in case of any stiil or pro- ceedln;: under the provisions of this section, su<*h owner or owners shall not «'rect, construct, alter or repair any such dwellin;,'-hotise, storehouse, manufactory or other buildiii;;. until a decision or Jud;;mcnt sh.-ill have l>eeii rendeicd liicrcin. Police to report violations. S 3. It shall be the duty of the police of said city to r«i)ort promptly to the Hoard of Fire OHumlsslom^rs of said citj' any and every violation of the provisions of this title; and It shall be the duty of said Hoard of Fire Comndsr^ioners or the Chief Fnjjiuo^'r of the Fire department by dini-tion nt said l>oard, (ir such other officer of the department as the boanl may from time to time designate, to order any owner or own«'r.s, builder or builders, ofTendinK or violating the provisions of this act. to gu.spend any .•ind all work contrary to the jirovisloiis of this act. until a decision or judgment shall be hail In the actli»n or proceedings to be taken as alwve i)rovlded and any ami every person neglecting or refusing to ol>ey the order or direction of said Iif>anl of Fire CommlssionerR or their servants as herein provided In this resptvt, shall be deemed guilty of a misdemeanor and also liable to a penalty of fifty dollars, to be collected In like maimer as aforesaid pro- vided. 12 178 Charter of the City of Albany. Buildings may be raised for purpose of putting on flat roof of metal or slate. § 4. If anj- brick front, frame or wooden buildiujr already in said city within the lire limits as prescribed by the Coumiou Council of said city, shall require new roofing, it shall and may be lawful for the owner or owners thereof to raise the same for the purpose of making a flat roof thereon; provided that such new roof shall be made of copper, slate, tin, zinc or iron; and also provided that such dwelling-house when so raised, shall not at the higuost point thereof exceed bj' five feet the height of the eaves of i^aid liouso before such raising or alteration. Bay windows, etc., dimensions of, etc. § 5. No bow window, bay window, or oriel window, or other window, except show windows for business purposes on store fronts, shall be put up, con.structed or maintained in, upon or over, or into any of the streets, highways, lanes, or alleys, or any public square or avenue, or oyer or into any sidewalk of this city, more than two feet six inches from the line of the street to the exterior line of said window; nor shall any such window be erected, except from the second and above the print'ipal story of the building to which it belongs; and the floor line of any such window shall not be lower tlmn the tloor line of the said second story of such building, and in no case be less than ten feet above the grade line of the sidewalk; nor shall any show window for business pui-poses on store fronts, canopy or other fixture, not above mentioned, project more than eighteen inches over any side- walk in any street, avenue or public place in the city. Wooden buildings damaged by fire may be repaired if damage does not exceed two-thirds. § G. Every wooden building or frame building with a brick or any other front, situate within the fire limits of said city as they now exist or may hereafter exist, which may hereafter be dam- aged by fire to an amount not greater than two-thirds of the value thereof, exclusive of the foundation, may be repaired or rebuilt; but if said damage shall amount to more than two-thirds of such value, exclusive of the foundation, then such building shall not be repaired or rebuilt, but shall be taken down or removed; the amount or extent of such damage shall be determined by two disinterested persons residing in said city, one of which «hall be appointed by the Fire Comnjissjoners and the other by the Relating to Buildings. 179 owner or owners of said building; and in case they shall disagree they are to select a third disinterested person, and the decision in writing of any two of them shall be conclusive and final; and until such decision is rendered, said building shall not be repaired or rebuilt. Any person violating the provisions of this and the two next preceding sections shall be deemed guilty of a misdemeanor and also liable to a penalty of one hundred dollars, to be collected in the same manner and by the same proceeding as hereinbefore sot forth. Injunction may be issued in case of actions to recover penalty under this title. §7. When any suit, action or proceeding shall be commenced against any person or persons for the recovery of a penalty for the violation of any law of the State or ordinance of the city, prohib- iting the erection, alteration or repairs of any wooden building, shed, shop or structure of any kind, within the fire limits of said city, as now established, or as they may be hereafter established by the Common Council of the city, if said action is brought in a court of record, the judge of the court in which the suit, action or proceeding is brought or had shall have power, and it shall be his duty, on the application of the Mayor or Corporation Counsel of said city or of the Fire Commissioners, or cither of them, to issue an injunction restraining and prohibiting the defendant and his agent, contractor and servant, and all other persons from the further pmseontion of work on said building, shed, shop or other structure, until judgment shall be entered in the suit or action, or until some furthca- order in the premises; the injunction to be made perpetual in case the judgment is rendered in favor of plaintiff. Storage of petroleum, etc. § 8. The Fire Commissioners of the city of Albany shall have power to regulate the keeping and storage of earth or rock oil, petroleum, benzine, benzole, naphtha or varnish, or any other article the product of the articles above mentioned, and any per- son or pei-sons refusing to obey the regulations or instructions of said Board of Fire Commissioners, relative to the storage of the articles above designated, shall be deemed guilty of a misde- meanor, and also liable to a penalty of fifty dollars for each and every offense, to be collected in the same manner and by the same proceedings as hereinbefore specified for the collection of other penalties. 180 (JllARTKH OF THE (hTY OF ALHAM'. Fire escapes. — Chief to determine method of constructing halls, etc. § 9. Any dwelling-houso now erected, or that may hereafter be erected, in the city of Albany, more than two stories in height, occupietl by or built to be occupied by two or more families on any floor above the first, and all buildings now erected, or that may be hereafter erected in said city, more than three stories in height, occupied by or built to be occupied l)y three or more fami- lies above the first story; and any building already erected or that may hereafter be erected in said city, more than three stories in height, occupied or used, or built to be occupied or used, as a hotel, boarding or lodging-house, and any factory, mill, office, manufactory or work-shop now erected or that may be hereafter erected in said city, in which operatives are employed on any floor above the first story, and all buildings in an isolated iwsitlon already erected, or that may hereafter be erected in said city, more than three stories in height, built to contain, or that does contain, or is occupied by three or more families above the first stoiy, shall be provided with such fire-escapes, alarms and doors as shall be directed by the Chief of the Fire Department. And the said Chief shall have the power of determining the method of constructing the halls, stairways, ceilings, cellars, flues, furnaces, fire-places and heaters in all buildings hereafter erected, or that may now exist; and the owner or owners of any building upon which any fire-escapes may now be or may hereafter be erected in said city, shall keep the same in good repair and well painted, and no per- son shall, at any time, place any incumbrance of any kind what- ever upon any said fire-escapes now erected, or that may here- after be erected in said city. (Added by chapter 286, Laws of 1891, sec. 3(5.) Halls, aisles, etc., of public buildings to be kept free and open. — Chief to serve notice. — Penalty for violation. § 10. In all buildings of a public character already erected, or hereafter to be built in said city, such as hotels, chui'ches, theaters, club-houses, school-houses, restaurants, railroad depots, public halls and other buildings used or intended to be used for the pur- poses of public amusement or instruction, the halls, doors, stair- ways, seats and aisles shall be so arranged as to facilitate egress in case of fire or accident, and to afford the requisite and proper accommodation for the public protection in such case, and all Relating to Buildings. 181 aisles and passage-ways iu said buildings devoted to purposes of amusement or instruction shall be kept free from camp stools, chairs, sofas and other obstructions during any performance, ser- vice, exhibition, lecture, concert, ball or any public assemblage; and the Chief of the Fire Department may, at any time, serve a written or printed notice upon tlio owner, lessee, superintendent or manager of any of said buildings, directing any act or thing to be done in or about the arrangement of the said buildings and the several appliances therewith connected, such as halls, doors, stairs, windows, seats, aisles and escapes, so as to afford the great- est possible security to the public in the uses to which they may be severally applied. Every person who shall fail, neglect or refuse to comply with the orders of said Cliief of the Fire Depart- ment relative thereto shall be deemed guilty of a misdemeanor. (Added by chapter 286, Laws of 1891. sec. 36.) Foundations. § 11. In all brick and siohl- buildings erected in said city of Albany, all foundation.s shall be started not less than four feet below the surface of the earth, and carried up to the lirst tier of beams on a good solid bottom, and in case the nature of the earth should re(iuire it, a bottom of driven piles, or laid timbers of suf- ficient size, shall be laid to prevent the walls from settling; the top of such piles of timber Ixjttom to be driven or laid below the water line, and all piers, columns, posts or pillars shall be started on a bottom line in the same manner as foundation walls. The footing or base couree under all foundation walls, and under all piers, columns, posts or pillars resting on the earth, shall be of stone or concrete, where, in the judgment of the Chief of the Fire Depart- ment, the nature of the ground or the weight to be sustained require it, and if under a foundation wall, shall be at least twelve inches wider than tlie bottom width of said wall; and if under piers, columns, posts or pillars, or truss girders, it shall be at least twelve inches wider on all sides than at the bottom width of such piers, columns, posts or pillars, and not less than twelve inches in thickness; and if built of stone, the stone thereof shall not be less than two feet by three feet, and shall be at least eight inches in thickness; all base stones shall be well bedded and laid edge to edge; if the walls to be built of Isolated piers, there must be inverted arches, at least twelve inches thick, turned under and between the piers, or two footing courses of large stone, at least ten inches thick in each course. All foundation walls shall be 182 CnARTKR OF THE CiTY OF ALBANY. built of stone or brick, and mlmll be laid in cement or lime and sand mortar, and if constructed of stone, shall be at least eight Inches thicker than the wall next above them to a depth of six- teen feet below the curb level, and shall be increased four in'chos in thickness for every additional live foot in depth below the said sixteen feet. (Added by chapter 286, Laws of 1891^ sec. 3C.) Specifications for buildings to be submitted to Chief of Police. § 12. No wall, structure, building, part or parts thereof, shall hereafter be built, constructed, altered or repaired in said city, except in conformity with the provisions of this title. Before the erection, construction, alteration or repair of any building or part of any building in the city of Albany is commenced, the owner or owners shall submit a detailed statement, in writing, of the speci- fications, and a full and complete copy of the plans of such pro- posed l)uilding, erection, alteration or repair, which shall be accom- panied with a statement, in writing, giving the full name and residence of the owner or each of the owners of such building, or projjosed building; said detailed statement and copy of the plans and specifications shall l)e liept on lile in the office of the Chief of the Fire Department; and the erection, construction, alteration or repair of said building, or any part thereof shall not be com- menced or precifications shall have been approved by said Chief of the Fire Department; and eveiy permit for the erection of a new building the lowest grade at which the floor of the basement story of said building shall be laid shall be desig- nated, and no permit shall be grantotl for the erection or altera- tion of any building now or hereafter built or constructed or altered, unless it being in a good and safe condition to be altered as proposed, and the alterations so made shall confonu to the provisions of tliis title. (Added by chapter 286, Laws of 1891, sec. 36.) Protection of adjoining ■wall w^hen excavating. § 13. Whenever any excavation in the city of Albany is to be carried to the depth of more than ten feet below the grade of the street, and there shall be any wall or structure wholly or partly on adjoining land, or near the intended excavation, the party causing such excavation to be made, if afforded the necessary per- mission to enter on such adjoining land, shall at all times from Relating to Buildings. 183 the commencement until the completion of such excavation, at his or their own expense, preserve such wall or structure from injury, and so fiupr>ort the same by proper foundations that it shall remain as stable as before the excavation was commenced; should the person making such excavation fail to protect said walls or struct- ure from injury for twent3'-four hours after being notified by the Chief of the Fire Department so to do, the said chief may enter upon said premises and employ such labor and furnish such materials, and take such steps as in his judgment may be neces- sary to make said wall or structure safe and secure; and any per- son or persons doing said work, or any part thereof, by the order and direction of the Chief of the Fire Department, may bring and maintain an action against the party or parties causing such exca- vation to be made for the value of such work, the party or parties causing sucli excavation to be made may recover compensation from the adjoining owner in case such adjoining owner should, at any time thereafter, make any luse of said foundation below said ten feet below grade. (Added by chapter 2S6, Laws of IVHI. sec. 36.) Piles. . § 14. Piles driven for a wall tn n-st upon shall be not less than five inches in diameter at the smallest edge, and shall be spaced not more than three feet on centers, in the direction of the length of the wall, and nearer if required by the Chief of the Fire Depart- ment; they shall be driven to a solid bearing, to be ascertained by boring, at the expense of the owner, when required by the Chief of the Fire Department, and the Chief of the Fire Department shall determine the grade at which piles shall be cut off; walls not exceeding twenty feet in height, where piling is necessary, may rest on a single row of piles; if deemetl advisable by said Chief of the Fire Department walls exceeding twenty feet in height shall rest on not less than two rows of piles; extra piles shall be driven where required by the Chief of the Fire Depart- ment. (Added by chapter 2S6, Laws of 1S91, sec. 36.) Foundations of buildings other than dwellings. § 15. Foundation walls of brick buildings, other than dwellings, tenement or lodging-houses, shall be constructed of large-sized quarry stone, laid in horizontal courses, with good' bed and build- surfaces, wedged with slate, stone, and laid in cement mortar, and 184 Charter of the City of Albany. eight inches thicker than the external or party-wall immediately above and over the same; if said foundarion is to be set to a depth of more than fifteen feet below the grade of the street for each and every five feet additional depth greater tlian fifteen feet below tne grade of sti-eet, it shall be increased four inches in thickness; foundations of such buildings not more than forty feet in height may be built of rubble work laid in cement and sand mortar, if the thickness of the foundation walls is one-fourth greater than given for large-sized quarry stone, and laid as specified; in case of severe thrust or pressure on said walls from any cause, there shall be such extra strengthening of said walls, by thickening or by but- tresses, or both, as the Chief of the Fire Department may approve. (Added by chapter 286, Laws of 1891, sec. 36.) Foundations of dwellings. § IG. Foundation walls of brick buildings to be used for dwelling or lodging-houses, not exceeding thirty feet in height, if laid with large-sized (luarry stone in horizontal courses, shall not be less than eighteen inches thick, or if in brick laid in cement, shall not be less than sixteen inches thick; exceeding thirty-five, and not exceeding sixty feet in height, the foundations shall be not less than twenty- four inches thick, if laid in large-sized quarry stone in horizontal courses; if in brick laid in cement, not less than twenty inches thick; for every fifteen feet additional height the thickness of foundations shall be increased four inches; if the walls do not exceed seventy-five feet in height, the foundation walls may be built of uncoursed rubble work laid in cement mortar; but in all cases the thickness shall be one-fourth greater than that given for large-sized quarry stone, and the work shall be thoroughly bonded, and at least two-thirds of the bulk of the wall shall be through stones, and no round or boulder stones shall be used; provided, that w^hen such walls are laid on piles, the low'er couiTse shall be block stone not less than sixteen inches in height. (Added by chapter 286, Laws of 1891, sec. 36.) § 17. For brick buildings exceeding thirty-five feet in height, there shall be under all foundations, walls, piers, columns, posts and pillai*s resting on the earth, a footing or base-course of stone or concrete, which, if under a foundation w'all, shall be not less than twelve inches wider than the bottom width of said walls and not less than twelve inches thick; and if under piers, columns, posts and pillars, shall be of stone, and not less than twelve inches Relating to Buildings. 185 wider on all sides than the bottom area of said piers, columns, posts and pillars, and shall not be less than two feet by three feet in area by twelve inches in thickness, and when laid to be thoroughly bedded in cement. If the walls rest on isolated piers, then there must be uuder such piers footings at least sixteen inches thick, thoroughly bedded in cement. All piles shall be capped with block stone or granite bevelers, each stone to have a firm bearing on at least one pile in each row. (Added by chapter 2S6, Laws of 1891, sec. 36.) Isolated deep buildings to be braced. § IS. Any building that may hereafter be erected or constructed in an isolated position and more than one hundred feet in depth, and which shall not have cro.ss-walls, shall be securely braced durhig construction, both inside and outside, if practicable; and if outside bracing is not practicable, it shall be properly braced from the inside, and the braces shall be continued from the foundation upward to at least one-third the highest of the building from the Kidcwalk level. (Added by chapter 2SC, Laws of l^A. sec. 30.) Ratio of safe to breaking weight. — Mortar and cement. § 19. In all calculations for the streusth of materials to be used in any building, the proi>ortion betv>een the safe weight and the breaking weight shall be as one to three for all beams, girdeiis and other pieces subjected to a cross-strain, and a.s one to six for all posts, columns and other vertical supixjrt, and for all tie rods, tie beams and other pieces subject to a tensile strain; the requisite dimensions of each piece of material are to be ascertained by com- putation by the rules given of the best authorities, using for con- stants in the rules only such numbers as have been deduced from experiments and materials of like kind with that proposed to be used. All mortar ami cement shall be of the best quality for the purposes for which they are applied, and shall be properly mixed. (Added by chapter 2SG, Laws of 1S91, sec. 36.) Timbers entering party walls. § 20. All roof or floor timbers entering the same party wall from the opposite sides sliall have at least four inches of solid brick- work between the ends of said timbers except that in eight-inch walls the butts or ends of the beams shall be cut on a splay of three im-hfs in tlu'ir width, and in all Inth and plastered parti- 186 Charter of the City of A lb ant. tions there shall bi- plaei'd a header of the same size as the uprights are constructed of, every four feet, so as to prevent fire from passiii.u' through the same. (Added by t-hapter 2Sfi, Laws of 1S91, sec. 36.) Koofs. § 21. The planknig or sheathing of the roof of every building erected or built as aforesiiid shall, in no case, be extended across the party or side walls thereof; and every building, and the top and sides of the dormer windows Uiereon shall be roofed and cov- ered with slate, iron, coppi-r or tin. to be approved by the Chief of the Fire Department, and shall be eciually capable of witlistauding the influence of fire. (Added by chapter 286, Laws of 1891. sec. 3G.) Party walls above roof. § 22. Every party wall shall be built through and at least twelve inches above or distant from the roof boarding at every part of the roof; and shall be entirely covered with metal securely fastened and corbelled to the outer edge of all projections; or a gutter stone of suitable dimensions, and to be properly balanced, may be inserted in place of corbelling, but where the wall extend thirty-six inches above the adjoining building, parapet walls may be omitted; pro- vided, that where mansard or French roofs are built over one or more buildings, the partition or divLson walls so roofed shall be carried up eight inches above the roof planking and shall be coped with stone, iron or other fire-proof material. (Added by chapter 286, Laws of 1891, sec. 36.) Thickness of walls. §23. The thickness of all walls in all l)uildings or additions hereafter erected or constructed shall be not less than is given in the following tables for the different kinds of buildings: Relating to Buildings. Bdildisgs for Business and Manufactories. 187 DESCRIPTION. One Btorjr Two stories. . Three i^tories . Four stories . . Five stories. . six .stories . .. Base- ment. Inches. First story. Inches. Second Third 1 Fourth story. I story. story. Inches. Inches. Inches. 12 12 12 IH I 12 ■XI ' 16 20 16 Fifth ; Sixth story. story. Inches. Inches. Three stories... Foui stories . . . Five stories. . . Six stones.. . . Brick Dimension Walls. 16 16 12 12 1 20 20 16 12 12 24 20 • 20 16 12 i2 2S 24 20 20 16 12 12 One story... Two stories . Three stories. Four stories . Five stories . Six stories... Brick Partition Walls. 12 12 16 12 12 10 16 12 20 16 16 20 20 16 24 20 20 12 Fsur stories Five stories. Front and Hear walls. (Added by chapter 286, Laws of 1891, sec. 36.) Walls of dwellings. § 24. Tuf thickness of walls of flwellings or lodging-houses here- after erected or constructed shall be not less than is given in the following tables: Base- DESCRIPTIOX. nunt. Inches. First story. Inches. Second story. Inches. Third story. Inches. Fourth story. Inches. Basement and two stories 18 Basement and three stories 20 More than three stories . . ' 24 12 16 16 8 12 16 ■"8 12 "is Basement and three stories, . Basement and four stories. , Division Walls. (Added by chapter 286, Laws of 1891, sec. 36.) 188 Charter of the City of ALnANi*. §25. The thiokiK'SS of walls of shops and stores hereafter erected or constructed shall not l)e less than is given in the following tables: DESCRIPTION. Bnsi'moiit nnd two stories . basonu'Dt 1111(1 thrre stories. More tliiin three stories. . . , Tliiee Htories Four stories Base- First Second ment. story. story, Indies. Inches. 1-2 Inches. 12 18 ao ]t> 1^ 24 10 Hi Ifi 10 12 ■20 IG lb Third story. Inches. Fourth story. Inches. (Added by chapter 286, Laws of 1891, sec. 36.) Bonding of walls. §26. AVliere a w:\\\ is liuisiicd witli a stone cornice the greatest Wi'iglit of material of such cornice shall be on the inside of the face of tlie wall, so that the cornice shall lirnily balance upon the wall; cvny liftli course al least of a brick wall sliall be a liead- ing or l)on(ling course, except where walls are faced witli brick, in which every ninth course shall be bonded with Flemish headers, or Iiy cutting tlic course of tlic fai-c brick ;iiul putting in diagonal headers behind the same. (Added by chapter 2S6, Laws of 1891, sec. 36.) §27. In tlie erection, construction or alteration of any Imilding, tlic materials of whicli, in Avhok' or in part, is other than brick, stone or wood, the thickness of walls of such material and the method of construction shall lie sudi as the Chief of the Fire l)(>pai-tment shall approve. (Added by chapter 286, Laws of 1891, sec. 36.) Brick walls. §28. All brick walls and buttresses shall be of hard-burnt, well- shaped bricks. Avell laid and bedded, with Avell-filled joints, in lime or cement mortar, and well flushed up at every course with mortar; and all bricks used during tlic warm mouths shall be well wet at the time they are laid, and sliall Ite dry at the time they are laid during the cold months. (Added by chapter 286, Laws of 1891, sec. 36.) Walls, how built. § 29. All walls of brick, stone or other similar material shall be thoroughly and practically bonded and tied, and solidly put Relating to Buildings. 189 together; shall be built to a Hue, pluuib and straight, aud laid with mortar or cement, and all supiwrts of the same shall be of iron, brick or stone, and of sufficient size aud strength to safely support the superstructure. (Added by chapter 286, Laws of 1891, sec. 36.) Vaulted walls. § 30. VaultCHl walls of the same thickness, independent of withes, may be used iustead of solid walls, and the walls on either side of air space shall be not less than eight inches thick, and tied together perpendicularly with continuous withes of hard-burned brick of good quality, or other approveil material, which shall be not more than three feet apart, and the air space shall be smoothly plas- tered. (Added by chapter 286, Laws of 1891, sec. 36.) Increased walls for buildings more than thirty feet wide. § 31. In all buildings over tliirty feet in width and not having either brick partition wall nr girders, supported by columns run- ning from front to rear, the walls shall be increased an additional four inches in tliickness for each story over and above the thick- ness given in the preceding tables, for every additional width of ten feet or part thereof of said building over thirty feet. (Added by chapter 286, Laws of 1891, sec. 36.) Brick stables. § 32. In all brick stables and brick additions to stables, hereafter erected or constructed in the city, the outside walls shall be not less than twelve inches in thickness for the first story and eight inches in thickness for the second story, and if more tban two stories in height, shall be not less than twelve inches in thickness to the top of the second-story beams. (Added by chapter 286, Laws of 1891, sec. 36.) Heights of stories. — Walls to extend above roof. § 33. The height of stories for all given thicknesses of walls, as given in the preceding tables, must not exceed eleven feet in the clear for basements, eighteen feet in the clear for the first story, fifteen feet in the clear for the second story, fourteen feet in the clear for the third and fourth stoiy, and thirteen feet average height for the fifth and sixth story. If any story exceed these heights respectively, the walls of such story and all stories below 190 Charter of the City of Albany. the same shall be iiifi-eased four inches iu thickness in addition to the thickness given in the preceding tablcis. All outside, divi- sion or party walls shall extend above the roof of any building that may hereafter be erected or constructed in the city of Albany two and one-half feet, and to be coped with stone, well-burnt terra cotta or fire-proof material. (Added by chapter 2Sfi, Laws of IS'JI, sec. 3«.) Hall partitions of brick in certain cases. § 34. In all buildings more than one story in height, hereafter to be erected or constructed as a dwelling, tenement or lodging-house, or for offices in which the lower part is to be used for business purposes or manufacturing, the hall partitions shall be built of brick and carried up to the full height of the building; the bear- ing walls of all buildings canning beams or joists, shall, in all eases, be built up to the top of the joists, and be leveled off; fecasses and openings may be made in external walls, provided that the backs of such recesses are not less than twelve inches in thickness and tliat tlie area of su<-h recesses and openings do not, taken l()g(^ther, exceed one-half of the whale area of the wall in which they are made. (Added by chapter 2S6, Laws of 1S91, sec. 36.) Walls of buildings more than thirty feet wide. § 35. In all brick buildings over thirty fei't in width, not having either brick partition walls or girders supported by columns run- ning from front to rear, and the entire height of the building; the external and party walls shall be increased four inches in thick- ness for every additional twenty-five feet in the width of said building. (Added by chapter 286, Laws of 1891, sec. 36.) Smoke houses. § 36. All smoke-houses hereafter erected or constructed shall be built of brick or stone, and the doors and roof of the same shall be constructed of some non-combustible material. (Added by chapter 286, Laws of 1891, sec. 36.) Flues. § 37. No continuous vertical recess, chase or flue shall be made in any party wall so deep that it will leave the thickness at the back less than eight inches at any part, and no recess of any kind Relating to Buildings. 191 shall be made in any eigbt-incli wall; no horizontal recess shall be made in any wall, except by a special permit from the Chief of the Fire Department; no contiunous vortical recess other than flues in staclis, sliall be nearer than seven feet to any other recess. (Added by chapter 2.St', Laws of 1S91, sec. 36.) Koof guards. § 38. Every building near any street or sidewalk in the city of Albany shall be provided with a balustrade, guard or other con- trivance sufficient to prevent any slide of snow or ice falling from the roof thereof, upon such street or sidewalk: any person neglect- ing or refusing to provide such protection after an order from the Chief of the Fire Department so to do, shall be deemed guilty of a misdemeanor. (Added Ijy chapter 2n6. Laws of 1891. sec. 36.) Girders in certain cases. § 39. Girders or iron beams and columns may be substituted for partition walls in buildings not more than seventy-five feet in width, and shall be made of sufficient strength to bear safely the weight which they are intended to support, in addition to the weight of material employed in their construction; but where wooden colmuiLs or girders are used the columns shall not be further apart than eight feet. (Added by chapter 2S6. Laws of 1891, sec. 36.) Faced walls. § 40. Walls may be used with a taring of sioiio or oUkt approved material, securely tied to a backing of not less than eight inches of hard brick work laid in mortar by means of metal clamps; but the thickness of facing and backing, taken together, shall not be les'9 than the thickness required for a brick wall of the same height; and no rough lintols or bond timber shall be used in any wall of any brick building, except arch forms for interior arched openings. (Added by chapter 286, Laws of 1891. sec. 36.) Side or party walls not to precede rear wall. § 41. In no case shall the side, end or party wall of any build- ing be carried up in advance of the rear wall. (Added by chapter 286, Laws of 1891, sec. 26.) 192 Charter of the City of Al/ia.w. Lintels. — Arches. § 41i. All lintels used to supiinii walls, or oiher wei;;lit.s over open- ings shall be of sufficient strength and bearing to carry the super- imposed we'.ghts, and iron beams or lintels shall, where supported at the end by briek walls or piers, rest upon an iron plate at letxst two inches thick, the full size of the bearing, and where beams are not over six feet in length, the plates may be omitted. All arches not having sufficient piers or abutments to resist the thrust of the superinii)Osed loads shall have proper and sufficient iron ties. (Adrlod l.y chapter 2Sfi, Laws of ISfll, st-c. 36.) Brick walls to be anchored at angles. § 4.'{. All walls of a brick building meeting at an angle, shall be anchored to each other, every six feet in their height, by wrought- iron tie anchors, made not less than one and a half inches by three-eighths of an indi, which shall be securely built into the side or partition walls not less than thirty-six inches; and into the front and rear walls at least one-half the thickness of the front and rear walls. (Added by chapter 286, Laws of ISOl, sec. 36.) Walls in which beams rest to be anchored. § 44. All walls of a brick building on which the end of beams rest, shall be anchored at each tier of beams, at intervals of not more than six feet apart, with good, strong, wrought-iron anchors, not less than one and a half inches by half an inch, well built into the walls and fastened at the top of the beams, and where the beams are supported by girders, the encLs of the beams resting on the girders shall be butted together, end to end. and strapped by wrought-iron straps or tie Irons, at the same distance apart and in the same beams as the wall anchors, and shall be well fastened. (Added by chapter 2S6, Laws of 1891, sec. 36.) No openings or doorways to cut through party wall without permit. § 45. No openings or doorways shall be cut through a party wall of a brick building without a permit from the Chief of the Fire Department, and every such doorway shall have top, bottom and sides of brick, stone or iron; shall be closed by two sets of iron cr metal covered doors (separated by the thickness of the wall), to be hung to rabbeted iron frames, or to wooden frames entirely cov- Relatia'g to Build /,\gs. 193 ered with metal, or to iron hinges in brieli or stone rabbets, and shall not exceed ten feet in height by eight feet in width; any- opening other than a doorway shall be protected in a manner satisfactory to the Chief of the Fire Department (Added by chapter 2.SC, Laws of 1S91, sec. 36.) Iron drains. § 46. All buildings hereafter erected or constructed shall have only iron drains within the buildings and extending five feet out- side of the wall of the buildings, and where said drain pipe passes through the wall there shall be a relieving arch, stone liute! or iron pipe inserted to relieve said iron drain. All drains below the cellar, the floor or grade shall be laid with proper fall to sewer, in a trench. (Added by chapter 2S5, Laws of 1S91, sec. 36.) Leaders. § 47. All buildings .sLall be provided with iron pipe leaders for conducting the water from the roof through the flues, to be firmly himg in such a manner as shall protect the walls and foundations from damage, and in no case shall the leaders be allowed to flow upon the sidewalk, but shall, in all casis, be conducted by drain pipe o" pipes to the sewer. All drain pipe hung to wall or ceiling shall be firmly hung. (Added by chapter 2S6, Laws of ISOl, sec. 36.) Brick piers to have iron caps. §48. Brick piers under lint.-l.s. ginl.'rs or colunin.s or T»riek buildings shall have a cap of iron at least two inches thick, the full size of the pier; all piers shall be built of the best quality of good, well-burnt, hard brick, laid in cement and sand mortar, and well wet when laid in warm weather. (Added by chapter 2S;6, Laws of 1891, sec. 36.) Piers to be bonded. § 49. Brick piers and buttre.ssefi shall be bonded with through courses, leveled and bedded, each course, and where their founda- tions rest upon piles, a suflScient number shall be driven to insure a proper support. (Added by chapter 2S6, Laws of ISOl, sec. 36.) 13 194 Charter of the C/tv of AIjRaxv. Columns, how placed. § 50. Every metal columu iu a brick buildiuj,' shall rest on an u-on plate of not less in thickness than two inches, or of stone of not less than eight inches thick; wooden columns supporting ginl- ere and floors in euch buildings shall set on inch aud a half iron plates, with sockets or counter sinkages; metal columns placed one on top of the other, shall have a plate at the top of each column, with projectors on both sides to fit into cap and base of columns, to prevent slipping, and all columns shall have holes bored where directed by the Chief of the Fire Department into and through the shell at right angles to the shaft, so as to show the thickness of shell. All bearing parts of columns and plates shall be turned and planed to true surfaces. (Addod l)y chapter 2SG, Laws of IV.-I, sec. 36.) No timber to be used in place of brick or iron. — Bond timbers. § ~)1. No timber shall be used in the front or rear walls of any building hereafter built, erected or constructed within the city, Avhere brick or iron is commonly used; each lintel on the inside of the front or rear walls or side shall have a secui-e brick arch over it, and no Avail strips in any wall then^of shallexceed in thickness one-half of an inch and in width two and a half inches; and no bond timber iu any wall thereof shall be more than four feet in length, and such bond timbers shall be laid at least eighteen inches apart from each other, longitudinally, on either side of any wall, and the continuous line thereof shall be broken every four feet by inserting bricks of not less than twelve inches; and no front, rear or other wall of any such building now erected or hereafter to be erected as aforesaid Avithin the •city, or any brick or stone building or buildings in tlie city, shall be cut off or altered without a permit so to do haAiug been finst obtained from the Chief of the Fire Department; every temporary support placed under any structure, wall, beam, girder or column during the erec- tion, finishing, altering or repairing of any building or part thereof shall be equal in strength to the permanent support required of such construction; and the Avails and roof of every building shall be strongly braced from the beams of each story until all the bearing parts of the construction are completed; it shall be lawful to insert a lintel of wood over the doors and Avin- dows of the first story of stores, of oak or Georgia pine, of such Relating to Buildtngs. 195 length and size as sliall be fimt aiiinovtd by the Chief of the Fire Department. (Addod l.y chapter 286, Laws of 1891, sec. 30.) Floors. — Floor timbers. § 52. All floors shall be constructed to bear a safe weight per superficial foot, exclusive of materials as follows: For dwellings, tenement or lodging houses, one hundred pounds; for buildings for light manufacturing or mechanical purposes, one hundred pounds; for public buildings, one hundred and fifty iwunds; tor storehouses, warehouses, machine shops and heavy mechanical purposes, two hundred and fifty pounds; these requirements shall apply to all alterations, as well as to new buildings. All timbers used in the construction of floors or roofs shall be straight grained and free from large and loose knots or weakening shakes. fAdder] by chapter 2S6, Laws of 1891, sec. 36.) Stirrup-irons. § 53. Every header more than four feet long, used in any build- ing, shall bo hung in stirrup-irons, of suitable dimensions for the size of the timbers, and securely joint bolted. All tail beams shall be properly framed or hung to headers, the ends of all floor beams and rafters of a brick building entering a wall, shall be cut on a splay of three inches in their width. (Added by chapter 2S6, Laws of ISO!, sec. 36.) Scuttle frames and stairways § 54. Every building in the city of Albany shall have scuttle- frames not less than three by four feet in size, and covers, bulk- heads and doors on the roof, made of or covered with non-combus- tible material, and every scuttle shall have a stationary ladder, and every bulkhead shall have a suitable stairway with sufficient guard or hand rail, to be ready for use at all times so as to afford a convenient access to the roof in case of fire, and in manufactories, dwellings, tenements or lodging houses such scuttle or bulkhead shall never be locked, but fastened by a hook or bolt on the inside, and the owner or occupant of any building not complying with these requirements shall be guilty of a misdemeanor. (Added by chapter 286. Laws of 1891, sec. 36.) Main partitions. §55. All main partitions supporting in any manner floor beam.s or raftei-s of a brick building shall be placed directly over each 196 Chah'iku of the City of A lb a a v. other, shall rest on a wall or mclaliie sinlcr, antl shall head aud foot against each other as far as practicable. (Added by chapter 286, Laws of ISOI, sec. 3G.) Walls not to be built in freezing weather. § 50. Stone or other walls shall not be built iu freezing weather, and if frozen, shall not be built upon, when in the judgment of the Chief of the Fire Department it is unsafe so to do, until thawed and rebuilt, if injured. (Added by chapter 2.SC, Laws of ISOl, sec. 36.) Halls of tenement houses to be enclosed in fire-proof material. §57. All buildings Avhich are known as tenement, lodging or apartment houses, which are arranged for or occupied by four or more families above the first stoiy, which may be hereafter built or which may hereafter be altered to be occupied as above stated, shall have the halls and stairs inclosed with brick walls and the floors, stairs and ceilings of the halls shall be made wholly of iron, brick, stone, slate or marble, the stairs of such buildings shall extend to the roof and be inclosed witii a bulkhead built entirely or fire-proof material, as hereinbefore provided. (Added by chapter 286, Laws of 1S91, sec. 36.) Vaults under sidewalk. — Area railings. § 58. In buildings where the space under the sidewalk is utilized, a sufficient stone or brick wall shall be built to retain the road- way of the street, and the size, end or party walls of such build- ings shall extend under the sidewalk to such curb-wall; the side- walk in all such cases shall be of non-combustible material entire, aud shall be adequately supported by brick walls or iron beams aud columns; openings in such walls for the admi-ssion of coal or light shall be covered with lens lights in iron frames or with iron covers having a rough surface. No plain surfay additions of four inches in thickness of brick; the hrst addi- tional thickness sliall commence at two and a half feet from the center of the sijan, the second addition at six and a half feet from the center of the span, and the thickness shall be increased thence four in<,'ht\s for every additional five feet of spau toward the haunches, or the space between the beams may be filled in with sectional hollow brick of burnt clay, or some equal good material, having a depth of not less than one and one-half inches to each foot of span, a variable distance being allowed ot not over six inches in the span between the beams, the said brick arches shah be laid to a line on the center, with close joints, filled with cement- mortar in proportion of not more than two of sand and to one of cement, by measure, the arches shall be well grouted and pinned or chinked with slate and kej-ed. (Added by chapter 2S6, Laws of 1S91, sec. 36.) Cornices and gutters. § GO. Cornices and gutters of all brick buildings or stone build- ings hereafter to be erected or constructed shall be built of some non-combustible material, and in every case the greatest weight of stone, brick, iron or other material of which the cornice shall be constructed of shall be on the inside of the outer line of the wall on which the cornice shall rest, in the proportion of three to wall to two to cornice, in weight, allowance being made for the excess of leverage produced by the projection of the cornice beyond the face of the wall, and all fire-proof cornices shall be well secured to the walls with iron anchors independent of any wood-work, and in all cases the walls shall be carried up to the planking of the roof; and when the coi'nice projects above the roof, the walls shall be carried to the top of the cornice, and the party-wall shall, in all cases, extend up above the planking of the cornice and be coped, and all exterior wooden cornices that may now be or that may hereafter become unsafe or rotten shall be taken down, and if replaced shall be constructed of some fire-proof material; and all exterior cornices of wood or gutter that may hereafter be damaged by fire shall be taken down and if replaced shall be constructed of fire-proof material. (Added by. chapter 2S6, Laws of 1891, sec. 36.) 198 Charter of -iue City of Albany. CMmneys. § 61. No chimney shall hereafter be erected or constructed or permitted to remain in the city of Albany unless built of brick, stone or iron, and the inside of all flues or chimneys the joints shall be struck up and Khali be plastered on the outside below the roof after having been insi^ected, and shall have a fronting of masonry or iron supported l)y iron or corbels of brick or stone. No chim- ney shall bo hung to an eight-inch wall or boar or rest upon wood, and no chimury corbelled from a wall shall project more than the thickness of the wall. (Added by chapter 286, Laws of 1891, sec. 36.) Chimneys. § G2. All chimneys and all Hues in all buildings hereafter erected, constructed, altered or rebuilt, without reference to the purpose for which they may be used, shall have the joints struck up on the inside, and the lire-backs of all chimneys hereafter erected or con- structed shall not be less tlian eight inches in thickness of solid masonry. And no tin or other metal flue or flues, pipe or pipes, or register box or boxes, of a single thickness of metal, used and intended to be used to convey heated air in any building hereafter built, altered or repaired in the city of Albany shall be allowed unless the same shall be built in a wall of brick or stone; in all other cases the said flue or flues, pipe or pipes, register box or boxes shall be made double, that is, two pipes, one inside the othei', at least one-half of an inch apart, and no wooden furring or lath shall be placed against any flue, metal pipe or pipes used to convey heated air or steam in any building, but shall be lathed with improved iron lath, and in no case shall wire lathing be used, and when any wall shall hereafter be furred or lathed with wood, the space between the lathing and wall shall be filled with plaster or brick, at the top and bottom under the sides of floor-beams of each story, so as to prevent fire from passing through from floor to floor. And no air flue shall be used at any time as a smoke flue; no steam pipe or radiator shall be placed within six inches of any timber or woodwork as aforesaid; no base-flooring, wainscot or roofing or any other woodwork shall be placed against any brick or other flue until the same shall be well plastei-ed w'ith plaster of Paris behind such woodwork. All flues in any building shall be properly cleaned and tested upon completion of all such buildings as aforesaid. No chimney shall be started or built upon any floor or beam constructed of wood, and in no case shall a chimney be Relating to Buildings. 199 corbelled out more than eight inches from the wall, and in all cases the corbelling shall consist of at least five courses of brick; but if supported by piers, the said piers shall start from the foun- dation on the same line with the chimney breast, and sliall not be less than sixteen inches on the face, properly bound into the walls. All hearths shall be supported by arches of brick or stone, and no chimney in buildings already erected or hereafter to be erected or constructed shall be cut off below, in whole or in part, and sup- ported by wood, but shall be wholly supported by brick, stone or iron, and all chimneys in any building or buildings, as aforesaid, already erected or hereafter to be erected, or any other chimney in the city of Albany which shall become dangerous in any man- ner whatsoever, shall be repaired and made safe or taken down; cupola chimneys of founderies and chimneys or smoke-stacks used for conveying of the smoke of any steam boiler or engine in man- ufactories or work-shoi)s shall extend at least five feet above the highest point of any roof within a radius of fifty feet of such cupola, chimney or smoke-stack, and be covered at the top with spark catchers or arresters of heavy wire netting. (Added by chapter 2SC, Laws of 1S91, sec. 36.) Smoke pipes. — Registers. § G3. No smoke-pipe in any building with wooden or combustible floors or ceilings sliall hen^after enter any flue unless the said pipe shall be at least eighteen inches from either the floors or ceilings, and in all cases where smoke-pipes from stoves pass through stud or wooden partitions of any kind, whether the same be plastered or not, they shall be guarded by either a double collar of metal with at least four inches of air space and holes for ventilation, or by a soap-stone ring of not less than three inches in thickness and extending through the pai-tition, or by a solid coating of plaster of Paris three inches thick, or by an earthen-ware ring three inches from the pipe. In all cases where hot water, steam, hot air or other furnaces are used, the furnace smoke-pipe must be kept at least two feet below the beams or ceiling above the same, unless said beams or ceiling shall be properly protected by a shield or metallic plate suspended above said smoke-pipe with sufficient space for the ciix^ulation of air above and below said shield; and the smoke-pipe shall in all cases be kept at least eight inches from the "beams or ceilings as aforesaid; and the top of all furnaces set in brick-work must be covered with brick, stone or metal plate sup- 200 Charter of the City of Alba^'Y. ported by irou burs, aud so constructed as to be perfectly tigbt, said coveriiig to be in addition to aud not less than six inches from the ordinary covering to the hot-air -chamber. If, however, there is not height enough to build the furnace top at least four inches below the floor beams or ceiling, then the floor beams must be trimmed around the furnace, aud said covering, and the trimmers and headers, must be at least four inches from the same; the top of eveiy portable furnace not set in brick shall be kept at least twelve inches below the beams aud ceilings with a shield of metal plate, made tight aud suspendcnl below said beams or ceiliugis, and extending twelve inches beyond the top of the furnace on all sides. All hot-air registers hereafter placed in the floor or partition of any building shall be set in marble or soap-stone borders not less than two inches in width, all borders to be flrmly set in plaster of Paris. And all register boxes to be made of tin plate with a flauge on the top to fit the groove in the border, the register to rest upon the same. There shall also be an open space of two inches on all sides of the register box, extending from the under-side of the ceiling, below the register to the border in the floor; the outside of said space to be covered with a covering of metal plate, maae tight on all sides, to extend from the under-side of the aforesaid ceiling up to and turn under the said border. Registers twelve by nineteen inches, or less than fifteen by twenty-five inches, shall have a space of three inches between the register box and casing. Registers of fifteen by twenty-five inches and more shall have a space of three and one-half inches. All gas, water or other pipes which may be introduced into any building shall not be let into the beams unless the same be placed within thirty-six inches of the end of the beams; and in no building shall the said pipes be let into the beams more than two inches in depth. In all cases where hot water, steam, hot-air or other heating appliances or furnaces are hereafter to be placed in any building, due notice shall first be given to the Chief of the Fire Department by the person or persons placing the said furnace or furnaces in said building, or by the contractor or superintendent of the work. (.\dded by chapter 286, Laws of 1891, sec. 36.) Placing of wooden beams. § 64. In no building, whether the same be a frame building o> otherwise, shall any wooden beam, girder or timber be placed on or in a w-all, within sixteen inches of the inside of any flue, whether Relating to Buildings. 201 the same be a smoke, air or any other flue, uor shall any timber be placed under any fire-place or hearth^stone, and no base, wainscot, header, or other wood-work shall be placed against any furnace or boiler flue, unless there be at least eight inches of brick-work and at least two inches of plaster of Paris between it and the flue. All furnace flues shall have eight-inch backs or side walls, and the inside four inches from the bottom of the flue to the top of the second tier of floor beams, shall be of fire-brick laid in fire-clay mortar, or iron pipe of suitable size set in fire-clay mortar, provided said pipe be surrounded with an air space of not less than one inch and four inches of brick-work. In casi- any furnace flue is built in the usual chimney-stack and is opposite to the trimmer arch, then that side of the flue next to the trimmer arch may be four inches thick. All boiler flues shall be lined with four inches of fire brick laid in fire-clay mortar from the bottom of the flue to the height of fifteen feet, or to the top of the second tier of floor beams, and no flue shall be hereafter used as a furnace or boiler flue unless entirely suitable for the purpose, and such existing flues, shall, if defective and dangerous, be made safe in the manner herein specified. And no sm^ke-pipe shall project through any external wall, window or roof. (Added by chapter 2S6, Laws o*' 1891, sec. 36.) Boilers to be enclosed. § 65. Every building in which a steam boiler of eight or more horse power is placed, shall have the space on the floor allotted for said boiler inclosed in brick-work, or some non-combustible mate- rial satisfactory to the Chief of the Fire Department, and shall be so arranged that all openings between the said boiler-room and the other parts of the building in which it is placed, shall be protected by iron or metal doors, which shall be closed at the completion of each day. (Added by chapter 286, Laws of 1891, sec. 36.) No boilers above cellar floor without permit. § 6G. No boiler to be used for steam or motive power, and no furnace for melting materials and no heater or range of any kind shall be placed upon any floor above the cellar floor, unless the same is set upon wrought-iron beams and brick arches, and in no case without a permit from the Chief of the Fire Department. All 202 Charter of the City of Alhany. wood-work and timbers must be removed from under and around the same. And no boiler, furnace or range set in masonry sliail hereafter be placed or its location changed in any building, except as the Chief of the Fire Department shall approve. And if any chimney, flue or heating apparatus of any kind on any premises shall endanger the premises or adjoining premises, it shall be the duty of the Chief of the Fire Department to at once notify the owner or owners or agent, of said premises and if such owner or agent fails for a period of forty-eight hours aCter being served with a written or printed notice, to make such •change or alteration of such chimney, flue or heating apparatus safe, he or they shall be guilty of a misdemeanor. (Added by chapter 286, Laws of 1891. sec. 36.) Skylights over well holes. — Elevators to be enclosed. — Chief to make regulations as to passenger elevator. — Well holes to be protected. § (57. In all buildings hereafter erected or that now exist in which there is a hoist-way, freight elevator or well-hole, the roof imme- diately over them shall be covered with a skylight of suitable dimensions. All passenger or freight elevators hereafter placed in any building shall be inclosed in solid brick walls or walls of non- combustible material to be approved, extended through and four feet above the roof, having suitable openings in the same, and the roof over all elevators shall be made of tire-proof material and covered with a glass skylight, and to be so arranged as to be read- ily opened in case of fire, and all elevators, either passenger or freight, which may now exist, shall have a trap-door cut into the same on floor of -car, to be fastened with countersunk hinges, so that in case of fire a line of hose can be carried to the top of the building. The Chief of the Fire Department shall make such uniform regulations for the inspection of passenger elevators, with a view to the safety of passenger's, and shall also prescribe such suitable qualifications for persons who are placed in charge of running passenger elevators; any repairs found necessary after an inspection are to be made without delaj', and in case defects are found to exist which would endanger life by the continuous use of such elevator, then upon a written or printed notice from the Cliief of the Fire Department, the use of such elevator shall cease, and shall not again be used until a certificate shall first be obtained from the Chief of the Fire Department that such elevator has been placed in safe order and is fit for use. And every store, ware- Relating to Buildings. 203 house, factory or other building in which tliere is any well-hole, hoistway, hatchway or elevator, the openings through and upon each floor of said store, warehouse, factory or other building shall be provided with and be protected by good and sufficient trap-doors or self-closing hatches and safety catches or other safeguards to be approved by the Chief of the Fire Department, and shall be kept closed at all times, except when in actual use by the owner or occupant having the use and control of the same, and in case of any violation such owner or occupant having the use or control of the same shall be guilty of a misdemeanor. (Added by chapter 2S6, Laws of 1S91, sec. 36.) Floor space not to be encumbered. § GS. It shall be unlawful for any person or persons having the use or control of any building to incumber the floor space, windows or stairways and cellars, with boxes, barrels, casks or other mate- rial unless a convenient passage shall be left open so as to afford free access through said building in case of fire, and every person or persons having the charge or control of any building shall cause all hay, straw, sacks, bags, paper excelsior, or any other combus- tible material, at the close of each day to be securely stored or removed, so as to be safe from fire, and no person or persons shall deposit ashes or cause the same to be deposited or kept in any building, except the same shall be deposited in an iron or other metallic vessel or receptacle, and any person or persons having charge of any building who shall fail to comply with this section shall be guilty of a misdemeanor. (Added by chapter 2SC, Laws of 1S91, sec. 30.) Unsafe buildings. § (j9. Whenever any building or part of a building in the city of Albany shall become unsafe by reas luiudn-d and niiu- of \Xw Laws (jf iMghlt-eu lumdi'i'ointed pursnant to the provisions of the act, chapter one hnndn-d and i-iKhti-en of the Laws of eighteen hundred and forty-nine, or with tJie other Assessors here- after to be elected or appointed, shall forni a Board of Assessors for the whoU' city. The Assessors ele<:-ted or appolnte,\ law in relation to other city officers, and file the same with the County Clerk. (See title 19 of chapt.T 29?, Liiws 1883, ante.) Qualifications and duties. § 2. The said Assessors shall possess the qualifications and be subject to all the liabilities and penalties required and irai)osed by any law relating to the Assessors of the city of Albany now in force, consistent with the provisions of this act, and. they shall perform all the duties provided for and required by this act. 212 Laws RKi.ATixa to rut: Compensation, three dollars per day. § 3. Eac-h one uf the said Assessors shall receive, as full compen- sation, at the rate of three dollars iper day for each and every day devoted to the duties of his office, for all services perfonncd by him, not excef thr city of Alliany sliall fill any vacancy which may occur in the saic-eupied by a tenant of the owner or otherwi.se, the same may Ix- as.«<«-«seil to such owner of a free- hold, or it may be assessed to the occupant thereof, in the discre- tion of tlie Assessors. Any a.s*;essment for the purpose of taxa- tion of any person for any real estate in said city, which may be made against or in the name of the person in whose name the record title to sai.l r.-al estates, as appc-ars by the records in the Albany County Clerk's otiice. is at the time of such assessment, shall be valid, and any tax levied, laid or imposed upon the real estate or against the person so assessed shall be and constitute a lien upon said real estate and may be enforced by a sale thereof, but ghall not be against the iK-rson holding the record title to the property, unless he be the owner thereof in fact. (As amended by chapter 156, Laws of 1885.) gl^4 Laws II elating to the Beal estate held by trustees.— And personal property. § 8. The real and personal estate held by guardians, executors, administrators or other trustees shall be a-ssossed, distinct from their tlieir individual property, and shall be carried out in a sepa- rate line under tlieir names, or under the name of any one of them, wliere there are several, with the addition of their representative character. Such assessment sliall be made in all respects as herein provided, with respect to individual property, except that there shall bo deducted from the estimated value of the personal prop- erty, any debts justly owing by the party or estate so represented, or by such trustee, guardian, executor or a(bninistrator in his rep- resentative character, and any stoi-k lield by him in such character in any conwration or association liable to be taxed therefor as capital or otherwise. Persons applying to have town assessment reduced, to be examined under oath. — Examination to be reduced in writ- ing, etc. — ^Indorsement to be made in case of disagreement. — Copy to be furnished aggrieved party. § t>. Whenever any ijor^iou, on his own l>ehalf. or on behalf of those whom he may represent, shall apply to the Board of Assess- ors of the city of Albany to reduce the value of his real and per- sonal estate, as set down in the assessment-roll, it shall be the duty of such Assessors to examine such person, under oath, touching the value of his or their said real and personal estate; and after such examination, and such other supplementary evi- dence, under oath, as shall be pivsented by the party or pei'sou aggrieved, tliey shall fix the value thereof at such sum as they may deem just, under the rule prescribed by subdivision four of section six of article second of this act, and of section ten of this act; but if such person shall refuse to answer any question as to the value of his i^eal or personal estate, or the amount thereof, or present sufficient supplementary evidence, under oath, to justify a reduction, the said Assessors shall not reduce the value of such real or personal estate. The examination, so taken, shall be writ- ten, and shall be subscribed by the person examined, and shall be filed in the office of the Clerk of the Common Council of the city; and any person who shall willfully swear falsely on such examina- tion before the Assessors, shall be deemed guilty of willful and corrupt perjury. It shall also be the duty of the Assessors, when- ever the valuation fixed by them, after such examination shall City of Albany. 215 exceed that sworn to by the aggrieved party or person, to indorse on the written examination the words " disagreed to by the under- signed Assessors, under the rule prescribed- for making assess- ments, by section ten of this act, and in view of the obligations imposed by the deposition and oath, subscribed and made on the completion of the assessment-roll, to which this disagreement refers." It shall be the duty of the assessors, on the same occa- sion, to furnish the aggrieved party or person a duplicate copy of the before-mentioned written examination, together with the indorsement of disagreement aforesaid duly signed. The Board of Assessors of the city of Albany shall have power to administer oaths to any person applying to them under thp provisions of this section. (As amended by chapter 284, Laws of 1881.) Kule of valuation. § 10. All real and personal estate liable to taxation, the value of which shall not have been specified by the affidavit of the per- son assessed, shall be estimated by the Board of Assessors at its full value, as they would) appraise the same in the payment of a just debt due from a solvent debtor. Corporations, when assessed. § 11. The coiporations or associations liable to taxation, whr>se principal ofl5ce or place of transacting the financial business of such company is situated in the city of Albany, shall make the same returns to the Board of Assessors aforesaid, or one of them, within the same time, and subject to the same penalties for neglect as prescribed in the general laws of the State in respect to returns by such corporations to Assessors of towns and wards; and in case of neglect to make such return, the said Assessors shall nevertheless proceed to assess the said corporations according to the best information in their power, in the same manner as if such returns had been fully made; but neither such assessment, nor the payment of any tax pursuant thereto, shall exonerate such defaulting corporation or association from the penalty incurred by neglecting to make any such return. Rolls, when to be completed.— Notice of completion. § 12. The Board of Assessors shall complete the assessment-rolls on or before the first day of September in every year; and they shall forthwith cause notices hereof to be published in three of 2l(j Laws Relatlxg to tiik the publk newspapers of the said city, to be published therein respectively at least twenty days. Contents of such notices. ■ § 13. SiK-h notices shall set forth that the Assessors have com- pleted their aseessment-rolls, and that the same are at tlu' Assess- ors' office in the City Hall, where they may be sci'u and e.vamined by any of the inhabitant/5 of the city, or any persons interested, during twenty days; and that the Board of Assessors will meet on a certain day at the expiration of such twenty days, specifying such day, at their office iu the City Hall, and remain in session five days, for the puri>ose of reviewing their assessments, on the application of any person conceiving liiinself aggrieved. Rolls open to inspection. § 14. The Assessors sluill sul)niit their assesvsment-rolls, at their office in the City Hall, during tlie twenty days speciliessession of taxable personal prop- erty, as agent for another, shall make affidavit of the fact, speci- fying the property so held and the value thereof, and the name City of Alba.\t. 217 and residence of tlie owner, if it appear that tlie same is exempt from taxation in this State, or that the same is taxable in some other citj-. xovra or ward, or to some other person than such agent, the Board of Assessors shall not include tlio same in their assess- ment of the property of such agent; but if the owner be an inhabi- tant of the said city, he shall be assessed therefor; and if the same be taxable in any other city, town or ward, the said Assess- ors shall transmit a copy of smh affidavit to the Assessors of such town, ward or city. Affidavits, before whom taken. § 18. The affidavits epecilied in this act shall be made before the Board of Assessore, or one of them, or any judge of a court of record, Justice of the Peace, or Commissioner of Deeds, either of whom is hereby authorized to administer an oath for that pur- pose; and the Board of As.scssurs shall eaiLse all such affidiavits to be filed in the Assessoits' office. Hells, when to be signed. — Certificate. § 10. If nu objections be ujade to thrir assessments, or immee.>. according to our fje.st informa- tion; and that, with the exceiJtion of those cases in which the value of the said real estate has been sworn to by the owner or possessor thereof, we have estimated the value of the said real estate at the sums which a majority of the Board of Assessors have decided to be the true value thereof, and at which they would appraise the same in payment of a just debt due from a solvent debtor; and also that the said assessment-roll contains a true statement of the aggregate amount of the taxable personal estate of each and eveiy pci-son named in the said roll, over and above the amount of debts due from such person respectively, and exclud- ing such stwks as are otherwise taxable; and that, with the exception of those cases in which the value of such pei-sonal estate has been sworn to by the owner or possessor, we have estimated the same according to our best information and belief." ^18 Laws Rk latino to the Rolls to be delivered to supervisors. § 20. The assessment-rolls, thus certified, shall, ou or before the first day of November iu every year, be delivered by the Board of Assessors to the Supervisors of the several wards in the city of Albany respectively, who shall deliver the same to the Board of Supervisors at their next meeting. Copy to be delivered to board of assessors. § 21. The Board of Supervisors of the city and county of Albany shall cause a fair copy of the corrected assessment-ix>ll of each wai'd in the city of Albany to be delivered to the Board of Assessors, instead of the Town Clerk, as was heretofore required by law. If one assessor neglects his duty, the acts of the other two are valid. § 22. If any Assessor shall neglect, or from any cause omit to perform his duties, tlie other Assessors shall perform such duties, and shall certify to the Supervisors, with their assessment-rolls, the name of such delinquent Assessor, stating therein the cause of such omission; and in such cases the pi'oceedings and acts of any two Assessors shall be as valid as if done by the whole. Assessors' office in City Hall. § 23. It shall be the duty of the Common Council of the city of Albany to establish, by ordinance, an Assessors' office, which shall be located in the City Hall of the said city, where shall be deposited and kept for the public use and inspection, under suitable regulations, the corrected assessment-ix)lls, maps of all the taxable real estate within the city, the records of the Board of Assessors, affidavits and statements of property, and all other papers which may have been received by any of the assessors, and which may be in any wise connected with the assessments for taxation. Assessment of taxes on real and personal estate to be separate and distinct. § 24. Tlie Supervisors of the county of Albany, in assessing the taxes to be raised ou real and peiisonal estate in the city of Albany, shall set down in a column to be prepared for that purpose in the assessment-rolls of the dilTerent wards, opposite to the amount of personal estate assessed to each inhabitant of the said city, the City of Albany. ^19 6um in dollars and cents, rejecting the fraction of a cent, to be paid as a tax thereon; and in like manner shall set dowTi in the said column opposite to the amount or value of any real astate assassed in such rolls, the sum in dollars and cents to be paid as a tax on such real estate, so that the amount of tax on personal estate and that on real estate shall always appear separate and distinct. ARTICLE III. Of the Rkckiveu of 'J'.vxes. [Repealed by title X, chapter 77 of the Laws of 1870.] ARTICLE IV. Of the Mannek i.n which T.\xks .\ke to be Collected, and the Duties of the Receivek of Taxes. [Repealed by title X. chapter 77 of the Laws of 1870.] ARTICLE V. Of the Duties a.vd Poweks of the County Treasurer in the Collection of Taxes. Treasurer not to give Comptroller account of unpaid taxes.— Whole amount of State tax to be paid to Comptroller. § 41. It shall not be the duty of the County Treasurer of the county of Albany to transmit to the Comptroller any account of unpaid taxes assessed uixju coiijorations, or uixjn the lands of non- residents or of unknoAvn owners in the city of Albany, or any Col- lector's affidavit in relation thereto; nor shall the Compti-oller credit the said Countj- Treasurer with any unpaid taxes on lands, or upon corporations; but the whole amount of any State tax imposed on proi>erty in the city of Albany shall be paid by the County Treasurer to the Treasurer of the State, on or before tlie first day of July after tlie same shall have been assessed upon the real and personal estate of the said city, retaining the compensa- tion to which he may be entitled. Loan for deficiency.— Comptroller may extend time. § 42. If there are not sulficieut funds then in the county treas- ury standing to the credit of the city of Albany to pay such State tax. the County Treasurer shall give immediate notice of the amount of the deficiency to the Chamberlain of the city of Albany, and the Common Council of the said city shall immediately make 220 LA]ys Relating to the provisions fur tlio payment of tliii same by temi>orary loans. The Comptroller may extend tlie time,' for the payment of such defi- ciency for not more than four niontlis. charsiug interest tliereou at the rate of six per cent, ix'r annum from the isciid linst day of July. Taxes on lands imperfectly described to be reported to super- visors.— Rejected taxes, how assessed. — Correct description of land to be made. §43. Till' County 'I'rcasurcr sliali exMiiiine tlie accounts of anvai"S of taxes received from the Receiver of City Taxes, and shall reject all taxes ou lands that shall be imperfectly described, and all taxes so erroneously assessed in form or substance that the collec- tion of the same cannorty iw situated is prepared, enter a description of said pi-oporty therein, together with the name of the then owner tliei'eof and the valuation of said pix)perty, in addition to and uiM^n a line below that containing tlie valuation and description for the then cun'ent year, and add thereto a statement of the rate of taxation for the year for which said refunded tax was levied. The property, when so entered upon said assessment-roll, shall bo assessed at an amount which shall not, in any event, exceed the assessed valuation thereof in the year in which such refunded tax was originally levied, ana said assessment shall be subject to all the provision.^ of law in eveiy respecit relating to the assessment of taxes in the city of Albany; and all proceedings subsequent to the making of such assessments shall be tlie same as if said assessment were made for the purpose of the taxes of the then current year, and all notices and hearings and rights, powere and duties of owners and assessors and other officials provided for, given or done pur- suant to any law. shall as fully apply to such pmperty and the assessment thereof as to the property entered upon said roll for the pui-pose of levying the tax for the then current year. It shall be the duty of the Board of Supervisors, when a tax shall next thereafter be levied upon such property, to relevy a tax thereupon for the year for which such tax was refiinded at the rate for said year, and all subseq\ient proceedings shall be taken and had in the same manner as if such relevy were the levy made for the tax of the then current year. Said tax shall be carried out on a different line and be treated as a distinct tax from that for the current year upon the same property, and sliall not in any event exceed the amount of the original tax levied for the year for which the tax was refunded, and the same shall be collected and paid in all respects, in the same manner, as is provided by law for the collection and payment of taxes in said city. Whenever any prop- erty upon which a tax has been refunded shall have been sub- divided, the Assessors and Supervisors, in assessing and levying the tax as above, shall apportion the same among such subdi- visions thereof. (As amended by chapter 429, Laws of 1889, and by chapter 20, Laws of 1890.) General laws of the State, when applicable. § 53. Where no provision on the subject is made in this act, all the general laws of this State in relation to the assessment and City of Albany. 225 collection of taxes, particularly those relating to the canceling of any tax which shall shall have been paid to any collector; the repayment of any tax paid more than once; the payment of a part of a tax on land, by any person claiming a part of such land; the redemption of lands sold for taxes by persons claiming an undi- vided share or a specified portion thereof; the effect of such redemption in reducing the land to be conveyed; the effect of any such sale of land for taxes upon the lien of any mortgage thereon; the right of a mortgagee to redeem the same; the consequence of a neglect to do so after notice, and the lien of the mortgagee for the amount paid on such redemption; the authority to withhold conveyances when it shall be discovered that any sale of land for taxes was invalid or in^7n- bly, do enact as follows : Ordinances, contracts, etc., legalized. Section 1. All laws, ordinances and resolutions heretofore passed by the Common Council of the city of Albany, and approved by the Mayor of said city, directing or authorizing the construction or building of any drain or sewer therein, together with the contracts made or entered into thereunder by said Common Council, or by the Board of Contract and Apportionment of said city, and the con- struction and building of the drain or sewer under said law, ordi- nances, resolution and contract, are and the same is hereby ratified, legalized, confirmed and made valid. Lands may be taken.— Damages, how to be assessed. § o In case the Common Council of said city of Albany shall deem it necessary, by a vote of twc^thirds of all the members elected to said Common Council, to be taken by yeas and nays and entered in its minutes, to take within the said city any grounds or other real estate, with the appurtenances, belonging to any person or persons, for the purposes of constructing, building or maintain- ing any drain or sewer heretofore built or constructed, or hereafter 2S2 Laws H elating to tub to be built or constructed, under any law, ordinance or resolution of the said Common Council, the title to such ground, real estate and appurtenances may be acquired and taken, and the damages and recompense of the owner and ownei-s awarded and assessed, in the manner provided in and by title seven of chapter seventy- seven of the Laws of eighteen hundred and seventy, and the other portions of said chapter affecting the same, and the several amend- ments of and to said title and chapter. Compensation, costs, etc., to be assessed upon property benefited, — How enforced. §3. The damages and recompense to such owner and owners. and the expense of building and constructing such drain or sewer, with the incidental costs and expenses attending the same, shall be apportioned and assessed among all the houses and lots and vacant lots and franchises intended to be benefited bj' such drain or sewer, in proportion to the advantages which each shall be deemed to acquire, in the manner provided in and by title eight of chapter seventy-seven of the Laws of eighteen hundred and seventy, and the other poi-tions of said chapter affecting the same, and the several amendments of and to said title and chapter, and such apportionment and assessment, when completed, shall have all the validity and effect provided for in and may be enforced and col- lected in the manner provided for in and by said title and chapter. § 4. This act shall take effect immediately. CHAPTER 2G2 OF THE LAWS OF 1875. An Act to confirm and levy certain assessments for street improve- ments in the city of Albany, and to regulate the collection thereof. Passed May 11, 1875; three-fifths beings present. The People of the State of Neic York, represented in Senate and Asaem- Uy, do enact as follows : Streets and avenues, cost of paving, etc. — Clinton avenue. — Madison avenue. — ^Eights of purchasers. Section 1. The cost and expenses of paving, flagging, curbing, excavating, filling and forming the streets and avenues in the city of Albany, hereinafter mentioned, which cost and expenses have been fixed and determined upon, by or under the direction of the City of Albany. 283 Common Council of said city, in the following eases: Clinton avenue, from the east line of Dove street to the center of Robin street, the assessment and apportionment for which was confirmed by said Common Couufil, December twentieth, eigliteen hundred and sixty-nine; Clinton avenue from the center of Robin street to the center of Ontario street, the assessment and apportionment for which was confirmed by said Common Council, September nine- teenth, eighteen hundred and seventy; Clinton avenue from the center of Ontario street to the intereection of Clinton and Central avenues, the assessment and apportionment for which was con- firmed by said Common Council, November fourteenth, eighteen hundred and seventy; Madison avenue, from the west line of Kuox street, to a line fifty feet west of Snipe street, the assessment and apportionment for which was confirmed by said Common Council, May third, eighteen hundred and seventy-two; Madison avenue, from a line fifty feet west of Snipe street, to six hundred and sixty feet west of Robin street, the assessment and aportionment for which was confirmed by said Common Council, January fifth, eighteen hundred and seventy-four, are hereby made a lien and assessment on the land*? and permises included in the several respective districts of assessment adjacent to each of such improve- ments as heretofore fixed and determined upon, by the Common Council of said city, and are now of public record in said city, and the amount of each of said several assessments, together with the interest as stated in section two of this act. is levied upon the several pieces of land and premises within said respective dis- tricts, and in the same proportions in which the same have already been assessed and apportioned thereon by said Common Council, levied as a tax to be collected and applied by said city as provided by law. But nothing herein contained shall apply to any property within the said respective districts, and upon which a tax or assess- ment is hereby levied, which has been purchased in good faith sub- sequent to any decision of the General Term of the Supreme Court for the Third department, holding any tax or assessment herein mentioned void, provided, such purchase was made prior to Febru- ary twelfth, eighteen hundred and seventy-five. Collection of assessments. — Interest. § 2. The Chamberlain of the city of Albany is hereby authorized and directed to collect any and all assessments mentioned in the first section of this act, pursuant to chapter seventy-seven, of the 234 Laws Relating to the Laws of eighteen hundred and seventy and the acts amendatory thereof, so far as the same are applicable to the collection of unpaid assessments, duly confirmed by the Common Council of said city. The Chamberlain shall charge and collect interest on all apportionments and assessments aforesaid, from the fifteenth day after the same were confirmed by the Common Council till the same are paid and satisfied, unless the said Common Council has heretofore consented to relinquish the payment of interest, and in such cases no interest shall be charged during the time for which the sajne was relinquished. Lots sold subject to assessments. — Certificate of sale. § 3. In cases where, since the time the assessments mentioned in the first section of this act, or either of them, were made and confirmed by the Common Council of said city, any part or parcels of lots originally assessed have been sold subject to such assess-, meut by tlie owners thercK)f it shall be lawful for the Chamberlain of the city of Albany to receive from the present owner or owners of such parts or parcels, their proportionate share of the original assessment of the great lot and to release and discharge such parcels from the said assessments, and the balance of such original assessment shall remain a lien upon the residue of such great lot. In case of default in the payment, the balance due on such residue, the Chamberlain shall, in advertising the same for sale, as here- tofore provided, describe sucli original lot and then state what por- tions thei-eof have been released and discharged and the amount of the assessments remaining upon the residue. The purchaser on such sale shall receive a certificate showing what part of the great lot has been bid in by him, and such sale shall as to such part be in all respects valid, subject to the provisions of the act aforesaid. §4. This act shall take effect immediately. CiTT OF Albany. 235 CHAPTER 443 OF THE LAWS OF 1877. Au Act to confirm and levy a certain assessment for excavating, filling and forming Swan street from Elm street to Morton street in the city of Albany, and conferring upon the Mayor and a majority of the Common Council of said city poveer to reduce the said assessment fifty per cent. Passed June 15, 1877; three-fifths being present. The People of the State of ]S^ew York, represented in Senate and Assem- bly, do enact as folloirs : Costs of filling, etc., certain streets made a lien and assessment on certain lands. Section 1. The costs and expense of excavating, filling and form- ing Swan street fixjm Elm street to Morton street in the city of Albany, pursuant to a law passed by the Common Council of said city June fifteenth, eighteen hundred and seventy -four, as assessed and fixed by the several resolutions of the Common Council of said city and now of record, Ls hereby made a lien and assessment on the lands and premises included in the district of assessment adja- cent to said improvement, which said dLstrict has been heretofore fixed and are now of record as aforesaid, and each of said assess- ments is hereby levied on the several pieces of land and premises within said district, and in the same proportions in which the same have already been assessed and apportioned thereon as aforesaid, levied as a tax to be collected and applied by said city for the uses and purposes pertaining thereto. Proceedings heretofore had in levying tax therefor, confirmed, etc.— Power to reduce assessments fifty per cent conferred on Mayor, etc.— Owners discharged from remainder of assessment. § 2. The proceedings heretofore had for the purpose of levying, laying or apportioning said sums heretofore levied and taxed as aforesaid upon the lands and premises situated in the said district of assessment are hereby confirmed and made legal and valid, and of each and every sum heretofore so levied and apportioned as an assessment on any particular piece or parcel of land, and tne power and authority to reduce the said several assessments upon the said several lots fifty per cent, and not otherwise, is hereby granted and conferred upon the Mayor and a majority of the Com- mon Council of the city of Albany, and as to the remaining portion of each of said sums and assessments, such proceedings shall be 236 Laws Melating to the deemed of no force or effect, and the said particular pie<'es or parcels of land on which the same have been respectively assessed and apportioned as aforesaid, and the owners thereof are as to such remaining portion, discharged and freed from such assess- ment due from any lien therefrom. Chamberlain to collect same. § 3. The Chamberlain of the city of Albany is hereby authorized and directed to collect tlie aforesaid fifty per cent and no more of said assessment in and by this act legalized, validated and levied pursuant to and according to the provisions of chapter seventy- seven of the Laws of eighteen hundred and seventy, and the acts amendatory thereof, so far as the same are applicable to the collec- tion of unpaid assessments duly confirmed by the Common Council of said city. Refunding moneys. § 4. The Chamberlain of the city of Albany is directed and required to refund to any person who may have paid to him any assessment charged against his or her lot under and pursuant to the law or ordinance in this act referred to, one-half of the amount so paid and of assessment so levied as aforesaid and paid to him; the object and intent of this section being to place those persons who have paid their assessments upon the same equality with those pei-sons who have not paid the same. § 5. This act shall take effect immediately. CHAPTER 271 OF THE LAWS OF 1881. An Act to confirm and levy certain assessments and taxes imposed upon shareholders in the several National and State banks in the city of Albany, assessed and imposed during the year eighteen hundred and eighty. Passed May 13, 1881; three-fifths being present. The People of the State of .New York, repi-esented in Senate and Assem- bly, do enact as follows : Amount of assessments on bank shares assessed on sharehold- ers who have not paid tax. — Proviso. Section 1. The amounts of all assessments attempted to be levied and taxes imposed upon the shareholders in National and State CiTT OF Albany. 237 banks in the city of Albany during the year eighteen hundred and eighty, as the same now appear of record in the assessment- roU of the sixth ward in said city, and now in the hands of the receiver of taxes therein, are hereby assessed and levied upon such shareholders whose names now appear in said assessment-roll as assessed upon their bank shares; such assessment and taxes being the same in amount as would have been legally imposed upon and collected from said shareholders, 'n case the Assessors of the city of Albany had complied with all the provisions of law relating to the assessment and collection of taxes in and for said city. The assessment hereby made being only levied and assessed upon those stockholders in the several banks aforesaid, who have not paid the tax attempted to be legally assessed against them by the Assessors of said city; provided, however, that the time limited for any party aggrieved to procure a writ of certiorari to review such assessment upon the ground that it is unequal in that the assessment has been made at a higher proportionate valuation than other property on the same roll by the same officers, and that the petitioner is or will l>e injured by such alleged unequal assess- ment, pursuant to the provisions of chapter two hundred and sixty- nine of the Laws of eighteen hundred and eighty, entitled " An act to provide for the review and correction of illegal, erroneous or unequal assessments." shall not be deemed to have expired until fifteen days after this act becomes a law. Tax legalized as to all who have paid tax. § 2. The tax attempted to be legally assessed by said Board of Assessors of Albany, upon shareholders in National and State banks in the city of Albany, is hereby legalized and confirmed with reference to those shareholders who have already paid the amount of such tax. Tax to be collected. § 3. The Receiver of Taxes of the city of Albany and the marshal thereof are hereby commanded to collect the amount of the tax hereby levied and assessed against the stockholders in said banks, in the same manner and by the same proceedings and at the same time as if the assessments hereby made and levied had been regu- larly and duly made and levied by the Assessors of the city of Albany in the year eighteen hundred and eighty, and as if such assessments were legal and valid. § 4. This act shall take effect immediately. 238 Laws Relating to the CHAPTER 459 OF THE LAWS OF 1881. An Act to confinii and levy certain assessments for street improve- ments in the city of Albany, and to regulate the collection thereof. ' Passed June 4, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assem- bly, do enact as follows : Cost and expense of paving, etc., made a lien.— Acts of city officers confirmed. Section 1. The cost and expenses of paving, fiaggin/:. ciirbiug, excavating, tilling and forming the streets and avenues in the city of Albany, hereinafter menlionod, which cost and expenses have been fixed and determled upon, by or under the direction of the Common Council of said city, in the following cases: McCarty avenue, from Browne street to Delaware avenue, the assessment and apportionment for which was confirmed by the Common ■ Council of said city, on the twelfth day of March, eighteen hundred and seventy-seven; First avenue, from South Pearl street to a point two hundred feet west of Glen street, the assessment and appor- tionment for which was confirmed by said Common Council Febru- ary ninth, eighteen hundred and eighty; State street, from Swan street to Robin street, the assessment and apportionment for which was confirmed by said Common Council December seventeenth, eighteen hundred and seventy-seven; Western avenue, from Lexington avenue to a point Avest of Allen street, the assessment and apportionment for which was confirmed by said Common Council May thirteenth, eighteen hun- dred and seventy-eight; Ten Broeck street, from Clinton avenue to Livingston avenue, the assessment and apportionment for which was confirmed by said Common Council January sixth. eighteen hundred and eighty-one, are hereby made a lien and assessment on the lands and premises included in the several respective districts of assessment adjacent to each of such improve- ments, as heretofore fixed and determined by the Common Council of said city, the proceedings of which are now of public record In said city; and the amount of each of said several assessments, togeUier with the interest as stated in section two of this act, is levied upon the several pieces of land and premises within said respective districts and in the same proportion in which the same have already been assessed and apportioned thereon by said Com- City of Albany. 239 mon Council, levied as a tax to be collected and applied by said city as provided by law. And the acts and proceedings of the city officers of said city, covered by the resolution of the Common Council of November fifteen eighteen hundred and eighty, for the repair of the camage-way and cross-walks of Clinton avenue at the intersection of Ten Broeck street, and the work as so done are hereby legalized, ratified and confirmed, and the said city author- ized to pay for the same. Payments to be credited. — Assessments to be canceled on pay- ment of fifty per centum. — Collection of assessments not paid within six months. § 2. The Chamberlain of said city shall credit as payment of the several assessments made and levied under the provisions of this act, any payments which have been heretofore made of the assessments mentioned in the first section. Upon payment to the Chamberlain of said city of fifty per centum of the amount of the several apportionments and assessments unpaid on McCarty ave- nue, and on payment to the Chamberlain of said city of fifty per centum of the several apportionments and assessments, with inter- est from March the first, eighteen hundred and eighty, on the lands on the north side of First avenue, lying west of a point four hundred and sixty feet west of South Pearl street, and on the south side of First avenue lying west of a point five hundred and seven feet west of South Pearl street; provided such payments are made within six months after the passage of this act, the Chamberlain is hereby authorized and directed to cancel and dis- charge the several assessments and apportionments levied on the lots and lands for which such assessments are paid. As to such assessments on lands on McCarty avenue and First avenue, in this section mentioned, not paid within six months as herein pro- vided and as to all the other assessments and apportionments in this act mentioned, the Chamberlain of the city of Albany is hereby authorized and directed to collect any and all assessments mentioned in the first section of this act, pursuant to chapter seventy-seven of the Laws of eighteen hundred and seventy, and the acts amendatory thereof, so far as the same are applicable to the collection of unpaid assessments, duly confirmed by the Com- mon Council of said city. The Chamberlain shall charge and col- lect interest on all apportionments and assessments aforesaid, from the fifteenth day after the same were confirmed by the Com- mon Council till the same are paid and satisfied, except as to inter- 240 Laws Relating lo the est on assessments as to Western avenue, as provided by chapter four hundred and forty-five of the Laws of eighteen hundred and seventy-six. Balance due contractors to be paid by city. — Fifty per centum to be refunded certain lot owners. § 3. The balance due the contractors for the worli done and materials furnished under the law for grading, filling and forming McCarty avenue, and also First avenue, for which the assessments hereinbefore mentioned were made, shall be paid by the city to said contractor severally; the amounts shall be included in the budget or statement to bo transmitted to the Board of Supervisors by the Common Council of the city in the year eighteen hundred and eighty-one, and raised in the same manner as other taxes are raised. The Chamberlain of said city is directed and required to refund to the owners of lots numbered, respectively, seven, seven- teen, nineteen, nineteen and one-half, on the north side of McCarty avenue, also lots sixteen, sixteen and one-half and eighteen, on the south side of McCarty avenue, as said lots are numbered and designated in book " K " of apportionment maps of the city of Albany and as they are set forth and described in the apportion- ment for the work done on McCarty avenue, confirmed by the Com- mon Council of said city as in the firet section hereof stated, fifty per centum of the amount as paid, of said assessment levied as aforesaid. Costs of actions discontinued to be paid by city. § 4. Any action now pending to restrain tlic colle<'tion of any of the assessments or appoi-tionment made valid and effectual by this act, if discontinued by the plaintiff therein within thirty days after the passage hereof, the Chamberlain of the city of Albany is directed to pay the taxable costs and disbursements of the plaintiff to the plaintiff's attorney from any fund in his hands applicable to the expenses of the city government; said Chamber- lain shall also pay in the same manner to the plaintiff's attorney the costs as taxed in any judgment obtained against the said city restraining and enjoining the collection of any of the said assess- ments or apportionments upon the execution and delivery to said Chamberlain of a proper satisfaction thereof. § 5. This act shall take effect immediately. City of Albany. 241 CHAPTER 265 OF THE LAWS OF 1886. An Act to confirm and legalize certain contracts in the city of Albany. 1 Passed May 4, 1886; three-fifths being present. The People of the State of Neic York, represented in, Senate and Assembly, do enact as follows : Section 1. The action of the Board of Contract and Apportion- ment of the city of Albany in awarding certain contracts for local improvements in said city, on file in the Street Department of said city, as follows: For constructing a brick and stone cement sewer, along and on the line of Patroon's creek, from the Hudson river to the westerly line of North Pearl street, the con- tracts for which are severally dated as follows: On the tenth day of February, eighteen hundred and eighty-five, and one on the sixteenth day of October, eighteen hundred and eighty-five; for constructing brick and cement sewers in Broadway, on both sides of said street, from Patroon's creek to the north line of said city, which was awarded July twentieth, eighteen hundred and eighty-five, and the contract executed and dated July twenty- second, eighteen hundred and eighty-five; for constructing brick and cement sewer«, in Lark street and Myrtle avenue, from the penitentiary grounds to Lexington avenue, the contract for which was awarded on the twentieth day of July, eighteen hundred and eighty-five, and the contract for lighting the city, which was awarded on the first day of February, eighteen hundred and eighty-six. and executed and dated February fifth, eighteen hun- dred and eighty-six, and contract executed and dated August fifth, eighteen hundred and eighty-five, are hereby in all things legalized and confirmed, and said contracts, and each of them, and the steps leading to the awarding and execution of the sam«^. are hereby in all things legalized and confirmed. § 2. This act shall take effect immediately. 16 242 Laws Rklatixg to tiik CHAI'TER K;?.. An Act iu relation to certain cstreet improvements and sewers in the city of Albany, to legali7xs confirm and levy certain assessments therefor, and to legalize and confirm sales there- under. Passed May 26, 1886; three-fifths being present. The People of the State of Xcic York, represented in Semtte and Assembly, do enact as follows : Certain assessments and apportionments legalized. — For Second avenue improvement. — Hudson avenue paving. — First street improvement. — Drain in State street. — Sewer in Jay street. — Quail street improvement. — West street improvement. — First street drain. — Lark street sewer. — ^Cortland place drain. — West street improvement. — Elk street paving. — First street improvement. — Ontario street and Central avenue drain. — Filling vacant lots. — Ibid. — Drain in Swan street. — Sewer in Clinton avenue. — State street sewer. — Hamilton street di-ain. — ^Hudson avenue sewer. — Green and Norton street sewer. — Lark street drain. — Oak street drain. — Delaware avenue Lark street drain. — Elk street drain. — Oak street drain. — Delaware avenue drain. — Sanders street drain. — First avenue drain. — James street paving. — Steuben street pav- ing.— State street paving. — Lodge street paving. Section 1. All the assessments and apportionments made and confirmed by the Board of Contract and Apportionment of the city of Albany, for the following named street improvements, in the following several cases: Paving, grading, forming and laying drains in Second avenue, from Sloan street to Delaware avenue, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the seventh day of .January, eighteen hundred and eighty-four; reforming, recurbing and repaving Hudson avenue from Broad- way to number sixty-seven Hudson avenue, the assessment and apportionment for which was confirmed by said Board of Con- tract and Apportionment of said city on the seventh day of .January, eighteen hundred and eighty-four; excavating, filling and forming First street from Lexington avenue to Ontario street, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the seventeenth day of November, eighteen hundred and eighty-four; City of Albany. 243 laying a stone-ware pipe drain in State street, from Cortland place to the creek bed west of Quail street, the assessment and apportionment for which was confirmed by said Board of Con- tract and Apportionment of said city on the twenty-first day of November, eighteen hundred and eightj'-three; constnicting brick and cement sewer in Jay street, from Hawk street to Swan street, the assessment and apixirtionment for which was confirmed by said Board of Contract and Apportionment of said city on the foui'th day of February, eighteen hundred and eighty-four; exca- vating, filling, forming and flagging Quail street from Clinton ave- nue to Livingston avenue, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the seventeenth day of November, eighteen hundred and eighty-four; excavating, tilling, forming and paving West street from Kobin street to I'err3' street, the assessment and ajjportionnient for which wascuntirmed by said Board of Contract and Apportionment of said city on the Nineteenth day of January, eighteen hundred and eighty-five; laying a stone- ware pipe drain in Fii^t street from Lexington aveiuie to fifty feet east of Judson street, the assessment and apportionment for which was confirmed by said Board of Contract and .\pi»ortionnient of said city on tlie tliird day of March, eighteen hundred and eighty-four; constructing Itriik and cement isewer in I«irk street from Clinton avenue to First stivet, the assessment and apportionment for which was confirmed by said Board of Contract and Ai)portionment of said city on the third day of March, eighteen hundred and eighty-four; laying a stone-ware pipe drain in Cortland place from Washington avenue to three hundred and thirty feet south, the assessment and apportionment for which wa.s confirmcnl by said Board of Contract and Apportionment of said citj' on the fourth day of August, eighteen hundred and eighty-four; excavating, filling, forming and 1 laving West street from Perry street to Quail street, the assess- ment and apportionment for which was confirmed l)y said Board- of C<»ntract and Apportionment of said city on the sixth day of October, eighteen hundred and eighty-four; recurbing and repaving with granite Elk street, from Eagle street to Hawk street, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the fifteenth day of December, eighteen hundred and eighty-four; excavating, filling, forming and paving First street, from Knox street to Lex- ington avenue, the assessment and apportionment for which was confinned by said Board of Contract and Apportionment of said 244 Laws Relating to the city on the fifth day of January, eighteen hundred and eighty-five; laying a stone-ware pipe drain in Ontario street and Central avenue, from stone arch south of Central avenue to the drain noith of Central avenue, the assessment and apportionment for which Avas confirmed by said Board of Contract and Apportionment of said city on the second day of March, eighteen hundred and eighty-fivo; filling vacant lots on Eagle, Hawk, Providence and "Warren streets, the assesisment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the seventh day of December, eighteen hundred and eighty-five; filling vacant lots on Warren, Hawk and Swan streets and Park and Myrtle avenues, the assessment and apportionment for which was confirmed by said Boai'd of Contract and Apportionment of said city on the fourth day of January, eighteen hundred and eighty- six; laying a stone- ware pipe drain in Swan street, from Elk street to Road street, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the sixth day of July, eighteen hundred and eighty-five; constructing brick and cement sewer in Clinton avenue, from Dovo street to Lark street, the assessment and apportionment for which was confirmed by said Board of Contract and Apporionment of said city on the nineteenth day of October, eighteen hundred and eightj'-fivo; constructing l>rick and cement sewers in State strc(>i. from the Basin to Eagle street, the assessment and apportionment for which was confirmed by said Board of Contract and Apportion- mtnt of said city on the fourth day of January, eighteen hundred and eighty-six; laying a stone-ware pipe drain in Hamilton street, from Ontario street to a point three hundred and seventy-four and two-thirds feet west, the assessment and appor- tionment for which was confirmed by said Board of Contract and Apportionment of said city on the sixth daj' of July, eighteen hundred and eighty-five; constructing brick and cement sewer in Hudson avenue from Basin to Eagle street, the assessment and apportionment for which was confirmed by said Board of Con- tract and Apportionment of. said city on the fourth day of Janu- ary, eighteen hundred and eighty-six; constructing brick and cement sewer in Green and Norton streets, from State street to the west side of South Pearl street, the assessment and appor- tionment for which was confirmed by said Board of Contract and Apportionment of said city on the sixteenth day of November, eighteen hundred and eighty-five; laying a stone-ware pipe drain Ciry OF Albany. 245 in Lark street, from sixty-six feet south of Madison avenue to Yates street, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the twentieth day of July, eighteen hundred and eighty- five; laying a stone-ware pipe drain in Elk street fifty feet west of Lark street to Knox street, the assessment and apportionment for which was confirmed by said Board of Contract and Appor- tionment of said city on the twentieth day of July, eighteen hun- dred and eighty-five; laying a stone-ware pipe drain in Oak street, from sixty-five feet north of Third street to Second street, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the twenti- eth day of July, eighteen hundred and eighty-five; laying a stone- ware pipe drain in Delaware avenue, from seventy-five feet south of Madison avenue, to drain north of Myrtle avenue, the assess- ment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the fifth day of October, eighteen hundred and eighty-five; laying stone- ware pipe drain in Sanders street, from Second avenue to a point four hun- dred feet south, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the nineteenth day of October, eighteen hundred and eighty-five; laying a stone- ware pipe drain in First avenue, from South read street to Cheriy Hill street, the assessment and apportionment for which was confirmed by said Board of Con- tract and Apportionment of said city on the nineteenth day of October, eighteen hundred and eighty-five; recurbing and repav- ing with granite James street, from Maiden lane to Columbia street, the assessment and apportionment for which was con- firmed by said Board of Contract and Apportionment of said city on the fourth day of January, eighteen hundred and eighty-six; recurbing and repaving with granite Steuben street, fi'om Broad- way to Eagle street, the assessment and apportionment for which was confirmed by said Board of Contract and Apportionment of said city on the seventh day of December, eighteen hundred and eighty-five; recurbing and repaving with granite State street, from Eagle street to Swan street, the assessment and apportion- ment for which was confirmed by said Board of Contract and Apportionment of said city on the fourtli day of January, eighteen hundred and eighty-six; recurbing and repaving with granite Lodge street, from Steuben street to Columbia street, the assessment and apportionment for which was confirmed by said 246 Laws Relating to the Board of Contract and Apportionment of said city on tbe fourth day of January, eighteen hundred and eighty -six; and each and every of the above-named assessments and apportionments are hereby in all things legalized and confirmed. Assessments to be a lien on certain adjacent districts. — 'How levied and collected. § 2. The amount of each of said assessments is hereby made a lien and assessment on the lands and premises included in the several respective districts of assessment adjacent to each of such improvements as heretofore fixed and determined by the said Board of Contract and Apportionment of said city, the pro- ceedings of which are now of public record in said city, and the amount of each of said several assessments, together with inter- est thereon from and after the date of said assessments and apportionments respectively, and is hereby levied upon the several pieces of land and promises within said respective dis- tricts, and in the same proportions in which the same have already been assessed and apportioned thereon by said Board of Contract and Apportionment and levied as a tax to be col- lected and applied by said city as provided by law. Duty of City Chamberlain. § 3. The Chamberlain of said city shall credit as payment of the several assessments made and levied under the provisions of this act any payments which have been heretofore made and levied of the assessments mentioned in the first section. Certain sales legalized. § 4. All sales made under or pursuant to, or for the non-payment of any or either of the foregoing named assessments, are hereby in all things legalized and confirmed. Proviso as to pending actions. § 5. None of the provisions of this act shall in any way affect any action or special proceeding now pending for the vacating or setting aside of the assessments sought to be confirmed thereby. § 6. This act shall take effect immediately. City of Albany. 247 CHAPTER 9 OF THE LAWS OF 1887. An Act to enable the trustees of the sinking fund of the city of Albany to take up bonds issued for street improvements. Passed February 9, 1887; three-fifths being present. The People of the State of Neic Fork, represented in Senate and AssemUy, do enact asfolhncs: Section 1. Whenever the time for the payment of any assess- ment for street improvements has been extended by act of the Legislature, and city bonds have been issued and sold, and the cost of the work for such improvements has been paid out of the proceeds of such bonds, and the assessments for such work have not been collected in time to pay such bonds at their maturity, the trustees of the sinking fund of the city of Albany may, out of any moneys in their hands not invested in New York State or United States bonds, take up and pay any such bonds that have matured. And the assessments thereafter collected for such improvements, with the interest thereon, shall be paid by the Chamberlain of said city to the trustees of the sinking fund. This act shall not apply to any bonds issued after January first, eighteen hundred and eighty-nine. (As amended by chapter 139, Laws of 1890.) § 2. This act shall take effect immediately. CHAPTER 425 OF THE LAWS OF 1889. An Act to authorize the Board of Contract and Apportionment of the city of Albany to assess the expense of certain work and improvements upon the property respectively benefited thereby. Approved by the Governor. June 11, 1889. Passed, three-fifths being present. Tne People of the State of Neic York, represented in Senate and Assembly, do enact asfolloics: Section 1. The Board of Contract and Apportionment of the city of Albany is hereby authorized and directed to assess in the manner provided by chapter two hundred and ninety-eight of the Laws of one thousand eight hundred and ninety-three, entitled "An act to provide for the government of the ' city of Albany,' " upoA each and every of the various buildings, lots and franchises respectively benefited thereby, such and so much of the expense of any work done in the city of Albany the cost of which it was 248 Laws Relating to the provided by law should be assessed upon tbe property benefited thereby, as shall in the opinion of said board equal the benefit which said buildings, lots and franchises received from the said work or improvement as actually done, in all cases in which any assessment or apportionment for work so done shall have been vacated or set aside by any court having jurisdiction thereof, during the period of time subsequent to the fifteenth day of November, one thousand eight hundred and eighty-three, and up to the fifteenth day of November, one thousand eight hundred and eighty-five, but in making such assessment and apportion- ment of the amount which shall be assessed under the provisions of this act, no account shall be taken of, nor shall any amount be assessed as accrued interest upon the costs of any such work; nor shall any building, lot or franchise upon which any assess- ment heretofore made for the payment of the expense of any of the above-described work or improvement has been paid or discharged, be assessed for such work in the manner hereinbe- fore provided, nor shall anything contained herein or in the said act, entitled "An act to provide for the government of the ' city of Albany,' " be construed as making it mandatory upon said Board of Contract and Apportionment to assess, as herein pro- vided, all or any portion of the expense of any of the work or imprvements hereinbefore referred to. The assessments made pursuant to the provisions of this act shall be paid into the fund known as the contingent fund. § 2. This act shall take effect immediately. CHAPTER 600 OF THE LAWS OF 1893. An Act to reduce, confirm and levy certain assessments in the city of Albany, to provide for the payment thereof, and in rela- tion to certain sales thereunder. Approved by the Governor, May 5, 1893. Passed, three-fifths being present. Tlie People of the State of New Torlc, rcfremnted in Senate and Assembly, do enact as follows : Beduction of certain assessments. — Levy and collection thereof. — Discharge of assessments upon payments. — Redemption from tax sales. — ^Repayments to certain persons. — ^Tax for deficiencies. Section 1. The assessment for lands taken by the city of Albany " in the matter of acquiring title to lands which are deemed neces- City of Albany. 249 sary for opening, continuing and extending of Myrtle avenue, Park avenue, Warren street, Mercer street, Providence street and Woodlawn avenue, from Quail street to Partridge street, in the city of Albany," which assessment was confirmed by the Board of Contract and Apportionment of said city of Albany, on the seventeenth day of August, eighteen hundred and ninety-one, is hereby reduced to fifty per centum of the amount of said assess- ment as originally laid and confirmed against the various pieces or parcels of land within the respective districts of assessment as fixed and determined for said improvement, upon compliance by the respective owners of said various pieces or paix;els of land with the terms and conditions hereinafter provided, and fifty per centum of said assessment to all amounts not heretofore paid is hereby confirmed and the same is hereby levied as a tax on the several pieces or parcels of land on which the said original assess- ment has been heretofore assessed and apportioned, and upon making the payments within the time as hereinafter in this sec- tion provided, no more than fifty per centum of the amounts as aforesaid assessed and apportioned on or against any of the pieces or parcels of land assessed as aforesaid shall be collected for or on account of said improvement. Upon payment to the Chamberlain of said city on or before the first day of September, eighteen hundred and ninety-four, of the said assessments as hereinbefore reduced and levied, with interest from the date of the confirmation of said assessment as aforesaid, at the rate of six per centum per annum, the said Chamberlain is hereby authorized to cancel and discharge the several assessments levied on the lots and lands for which such assessments are paid. In case said lots and lands, upon which such assessment hereby reduced was levied, have been sold and have been purchased by the city, such lots and lands may be redeemed from such sale by paying to the Chamberlain, on or before the first day of Septem- ber, eighteen hundred and ninety-four, fifty per centum of the amount of such assessment with interest as aforesaid. In case such lots and lands shall have been sold to any party other than the city the same may be redeemed from such sale by paying to the Chamberlain, on or before the first day of September, eighteen hundred and ninety-four, fifty per centum of the amount of said assessment, with interest as aforesaid, and the balance of the amount due to such purchaser shall be paid by the Chamberlain of the city of Albany out of any moneys in his custody not appropriated for any special purpose. Upon competent proof, by 250 • Laws Relating to" the affidavit or otherwise, that the full amount of the original assess- ment levied on or against either or any of said pieces or parcels of land has been paid before the sale thereof or has been redeemed subsequent to said sale, the Chamberlain shall repay and refund to the peiTson or persons who paid or redeemed the same, or to his, her or their heirs or assigns, fifty per centum of the amount so paid for such assessment or such redemption, as the case may be, the same to be paid by the Chamberlain out of any funds in his custody not specially appropriated for any other use or purpose; and if such funds shall prove insufficient for all the payments in this section provided for, then the amount of such deficiency shall be inserted in the next annual tax budget of said city, and raised by tax, and thereafter paid to the person or persons enti- tled as aforesaid to receive it. (As amended by chapter 629, Laws of 1894.) Certain sales annulled.— Assessments, when due and payable.— Payment of entire assessment by owner.— Collection of assessments. § 2. The sales heretofore made by the city of Albany of lots, pieces or parcels of land for the non-payment of the assessments for the "excavating, filling, forming and grading of Myrtle avenue in the city of Albany from the west line of Lake avenue to the east line of Ontario street," which assessments were con- firmed by the Board of Contract and Apportionment of said city on the twenty-first day of September, eighteen hundred and ninety-one, are hereby annulled and the said assessments, as originally assessed and apportioned, shall be due and payable in the manner following, anything in the charter or laws relating to the city of Albany to the contrary notwithstanding, viz. : One- fourth part of such assessments, with interest on the same from the date of the confii-mation of said assessment as aforesaid at and after the rate of six per centum per annum, shall be payable on the first day of September, eighteen hundred and ninety-four, and one-fourth part thereof, with like interest on the whole amount of the assessment remaining unpaid from the date at which the last previous payment is provided to be made, shall be and become due on each succeeding first day of September, until the whole of such assessment shall be paid. The owner of any piece of property so assessed may, at any time, pay to the Cham- berlain of the city of Albany the entire assessment upon his property, with interest, at the rate aforesaid, from the date of City of Albany. 251 the confirmation of such assessment to the time of such payment. In case any said assessment or any payment in this section pro- vided for shall not be made when, as above provided for, the same becomes due and payable, then such amount shall be col- lected by a sale of the property assessed, and by such other, if any, proceedings as may be provided by law for the collection of ordinary assessments in said city. (As amended by chapter 629, Laws of 1894.) § 3. This act shall take effect immediately. CHAPTER 761 OF THE LAWS OF 1894. An Act to vacate certain assessments for improving Second avenue in the city of Albany. Became a law May 23, 1894, with the approval of the Governor. Passed, three-fifths being present. The People of the State of Neir York, represented in Senate and Assembly, do enact as follows : Section 1. The assessments for excavating, filling, forming, grading, fiagging and paving, with granite blocks. Second avenue, between Sloan street and the intersection of Delaware and Second avenues, in the city of Albany, and also for laying drains therein and constructing man-holes and receiving basins, confirmed by the Board of Contract and Apportionment of said city, on the seventh day of January, eighteen hundred and eighty-four, and all sales to said city thereunder, are hereby vacated, canceled and annulled, and the said Board of Contract and Apportion- ment, and the Chamberlain of said city are each hereby directed to cancel and discharge the said assessments and sales upon the records of their respective offices. (As amended by chapter 984, Laws of 1895, sec. 1.) § 2. The said Chamberlain of the said city of Albany is hereby directed and required to pay and refund to the person or persons who have paid the aforesaid assessments, or either of them, or to hLs, her or their heirs or assigns, upon demand, the full amount of such payment, with interest thereon from the date of pay- ment of the same, out of any funds in his custody, not especially appropriated for any other use or purpose, and if such funds shall- prove insufficient for such repayment, as above provided, then the amount of such deficiency shall be inserted in the next annual tax budget of said city of Albany, and raised by tax, 252 Laws Relating to the and thereafter paid to the person or persons entitled as aforesaid to receive it. (Added by chapter 984, Laws of 1895, sec. 2.) § 3. This act shall take effect immediately. CHAPTER 445 OF THE LAWS OF 1876. An Act in relation to that portion of the great western turnpike road, commonlj- known as Western avenue, lying between Snipe street, in the city of Albany, on the east, and the west line of the proposed new boulevard, intersecting the said road west of Allen street, in said city, on the west Passed June 2, 1876; three-fifths being present. 27ie People of the State of New York, represented in Senate and Assembly, do enact as follows : Portion of Great Western turnpike conveyed to Commissioners of Washing-ton Park. Section 1. The president, directoi-s and first company of the great western turnpike road are hereby authorized to convey to the Board of Commissioners of the Washington Park of the city of Albany all that portion of their said turnpike road lying between Snipe street, in the city of Albany, on the east, and the west line of the proposed new boulevard, intersecting said road west of Allen street, in said city, on the wast, such conveyance to be without prejudice to any rights or franchises of said company, except such as may be expressly thus conveyed. And the said Board of Commissioners is hereby authorized and required to accept such conveyance, and to improve the said portion of said road when conveyed as an approach to said Washington park; but nothing herein contained shall be construed as authorizing the said commissioners to close the said portion of the said road, or to exclude the public from the use thereof as a highw^ay. Manner of improvement. — Payments therefor. § 2. In case the said conveyance shall be made as in the fore- going section piiovided, then the said Board of Commissionei-s may establish a grade, and grade the said portion of said road, and improve and ornament the same, and lay and construct a pavement, sidewalks, curbs and sewers upon the same, iu such manner and with such materials as the owners of at least one- City of Albany. 258 half the land froutiug on said portion of said road, measuring by lineal feet, have heretofore consented to, or may hereafter consent to, in writing; provided, however, that the manner of such improvement, and the kind of materials to be used, shall also be approved by the said Board of Park Commissioners, and without such approval the Park Commissioner shall not be required to go on with any work on said road. In case such approval is given, then the expense of such improvements shall be provided for and paid in the manner following, that is to say: Bonds of the city of Albany, not to exceed the sum of one hun- dred and eighty-five tbousand dollars, shall be issued upon the requisition of the Park Commissioners; such requisition shall be made in writing, signed by the president of the board, upon the Mayor, and shall state the amount for which the bonds are required and the purposes for which they are to be issued. Upon receiving such requisition the Mayor shall forthwith cause such l)onds to be prepared, which shall be signed by him and counter- signed by the Chamberlain and the Clerk of the Common Council. They shall be styled the city of Albany, Western avenue improve- ment bonds. The bonds shall be divided into three equal amounts and payable, respectively, in six, seven and eight years from their date. They shall bear interest at the rate of six per cpntuni. payable semi-annually at sonic bank in the city of New York or Albany. The said bonds shall be sold by the Chamber- Iain of said city, at public auction, at not less than par, and the avails thereof shall be delivered by the Chamberlain to the treasurer of said Park Commissioners, to be used for the pur- pose of paying the cost and expense of said grading, paving and sidewalks. The payment of the interest thereon shall be pro- vided for by being included in the annual tax budget of the city, sent to the Board of Supervisors. The payment of the principal as it falls due shall be made out of the fund that shall arise from the payment by the owners of the land fronting on the above-named portion of said road or avenue, of the amount of their assessments as hereinafter provided; but if from any cause such fund shall be insufficient, or shall not have been col- lected, then the city shall provide for the punctual payment of such bonds by a loan which the Common Council is hereby authorized to make, and such portion of such loan shall be placed in the annual tax budget as to the finance committee of the Common Council shall seem proper, until all of such loan shall be paid; but the whole thereof shall be paid in not to exceed five years; and if at the end of that time any portion remains 254 Laws Relating to the unpaid, it shall be included in tbe annual tax budget for that year. Apportionment of costs. § 3. The apportionment and assessments for the cost and expense of said pavement, sidewalks, curbs and sewers, are to be made (not including therein the expense of grading, sodding, planting trees or other ornamentation) upon the owners of land fronting on that portion of said road to be improved in the man- ner aforesaid, the assessment upon each owner to bear the same proportion to the whole of such cost and expense that the number of lineal feet fronting on said improved portion of said road. In making such apportionment and assessment, owners of land lying opposite to said improved poition of said road, and sepa- rated therefrom only by an intersecting and adjacent street, whether such street be actually opened and used or not, shall be assessed as if such land fronted directly on said improved portion of said road. The portion of said work on cross streets shall be pro rated in the manner usual in the city of Albany. Such assess- ment on each owner to be payable, one-third in five years, one- third in six years and one-third in seven years from the date of the confirmation of such assessment; but any owner so assessed may, at any time after such confirmation, pay the amount thereof to the city Chamberlain, and on such payment shall be allowed a rebate in the amount of his assessment, at the rate of five per centum per annum from tlie time of payment to the time when said assessment would become due. By whom made. — Collection. § 4. Such assessment shall be made by the Board of Contract and Apportionment of the city of Albany, under the rule of assessment as prescribed in this act, and by the same proceed- ings, so far as may be consistent with this act, as are provided for in and by title eight of an act passed March sixteenth, eighteen hundred and seventy, entitled "An act to amend the act to combine into one act the several acts relating to the city of Albany," passed April twelfth, eighteen hundred and forty- two, and the several acts amendatory thereof, and also to repeal the act to establish a capital police district, and to provide for the government thereof, passed April twenty-second, eighteen hundred and sixty-five, and the several acts amendatory thereof, in so far as they relate to the city of Albany, and the amend- ments thereto; and such assessments shall be controlled and their City of Albany. 255 collection enforced in the same manner provided for in said title of said act, and with the same right of redemption of land sold as is therein provided for; and such assessment, when confirmed, shall be a lien on the lands assessed until the same shall be paid, but the said assessment shall not bear interest until the first installment of the same shall be due, and each installment thereof shall be paid with interest from the time when it shal) become due. Application of collections. § 5. The moneys arising from the payment of the assessments, either before they become payable or at the time thereof, may be invested by the Chamberlain under the direction of the trus- tees of the sinking fund whenever, in their judgment, they may deem it proper, and such moneys shall only be used for the pur- pose of paying the bonds of the city herein provided for as they shall become due. or any loan that may have been effected for such purpose, or to reimbui-se the city the amount of any tax that may have been levied and collected for tlie purpose of pay- ing any portion of the principal of such bonds, or of the loan made for the same object. Road to be in charge of Park Commissioners. — Encroachments forbidden. § 6. The portion of said real road when conveyed to said Park Commissioners and improved by them as above provided shall be deemed an approach to the park, and shall be maintained and kept in repair by said Commissioners and shall be under the control and charge of said Commissioners, subject to the limita- tions contained in the first section of this act; and it shall not be lawful for any owner of property fronting on said avenue to encroach upon the same by building any stoop, portico or other structure which shall project over the line of said avenue, or to encumber any portion of said avenue so improved, with materials for building or other stnictures; and it shall l)e the duty of said Commissioners, and they are hereby given the necessary power, to enforce the provisions of this act relating to encroachments of obstructions. Boundaries of road. § 7. The boundaries of said portion of said road shall be ascer- tained and fixed by tlie City Surveyor of the city of Albany, and 256 Laws li elating to the all fences and structures encroaching on said boundaries shall be removed so as to conform thereto. § 8. This act shall take effect immediately. CHAPTER 290 OF THE LAWS OF 1880. An Act to permit and authorize the city of Albany to issue the bonds of said city for the payment of the expense of draining, grading, forming, paving and flagging a portion of South Pearl street, in the city of Albany, and to extend the time of pay- ment of the assessments therefor. Passed May 14, 1880; three-fifths being present. 2'he People of the State of New York, represented in Senate and Assembly, do enact as foliates : When city has provided for grading, etc., South Pearl street, bonds may be issued. — Denomination of, etc. — Proceeds of, how to be applied. — Assessments to be liens, but sales not to be made for five years. Section 1. Whenever the city of Albany shall have, pursuant to the Laws of the State of New York and the ordinances of said city having reference thereto, provided for the draining, forming and grading, paving and flagging. South Pearl street, in said city, from Gansevoort street to a point three hundred and forty feet south of McCarty avenue, and the work shall be completed and apportioned, and said apportionment shall be confirmed, the said city is hereby and shall be authorized and empowered to issue the bonds of the city of Albany for the amount of the expense of such work when assessment for the same shall be confirmed, Avhich said bonds shall be called the South Pearl street improve- ment bonds. They shall be issued in such denomination as the finance department of said city shall determine; shall be signed by the Mayor, countersigned by the Chamberlain and the Clerk of the Common Council, and shall be payable in seven years after their date, and draw interest at the rate of not exceeding five per centum per annum. Such bonds shall not be sold at less than par. With the proceeds of the sale of such bonds, there shall be paid by the Chamberlain the costs and expenses of said work and the costs and expenses of said bonds, and the surplus, if any, shall be applied to the fund to be provided for the pay- ment of said bonds. The amount apportioned and assessed for such improvement shall, respectively, be liens upon the houses Cjtt of a lb Ay v. 257 aud lots aud vacant lots assessed therefor; but there shall be no intei'est charged thereon, nor any sales therefor, until the expi- ration of five years from the date of confirmation aforesaid, and the provision of the law relative to the charging of interest on unpaid assessments in said citj' is hereby suspended in relation to the assessment made for said improvement for five years, after which time the same shall fully apply. Finance department may establish rules for rebate of interest, etc. — Division of lots and apportionment of assessment. § 2. The finance department of said city may establish rules and regulations for the rebate of interest on said assessments, and regulate the amount to be rebated on such assessments paid before the expiration of said five years. In case the owner or owners of any large lots upon which any assessment has been made, as hereinbefore provided, shall subdivide the same into smaller lots, and desire the amount of the original apportion- ment apportioned upon said smaller lots, it shall be the duty of the owner or owners of such large lot to have a survey and map thereof made, by or under the direction of City Surveyor and Engineer, the original of which to be placed on file and retained in the office of the City Surveyor and Engineer, and a copy thereof to be filed in the Clerk's office of the county of Albany, and upon the request of such owner or owners, approved by the City Surveyor and Engineer, the finance department shall divide such original amount assessed upon such large lot, and reap- portion and assess the same upon such smaller or subdiv'sion lots, and when confirmed such amounts as may be so reappor- tioned shall be received by the Chamberlain in payment for and operate as a release of the lien created by the original assess- ment, so far as such lien may apply to such subdivision lot. When amount to be placed in tax budget. § 3. The year prcnjcdiug the maturity of said bonds, the amount thereof and interest to the maturity thereof shall be placed 'n the budget and raised by tax, and the bonds paid at maturity. The proceeds of the collections and sales on said assessments shall be kept separately and added at the end of the year to the fund; after the bonds and interest thereon shall have been fully paid, the sui-plus, if any there be remaining in the fund, shall be "transferred to the general fund. § 4. This act shall take effect immediately. 17 258 Laws Relating to the CHArTER 201 OF THE LAWS OF 1880. An Act for grading and plaukiug Delaware avenue, in the city of Albany, from the north line of AVarren street to the division line between the city of Albany and the town of Bethlehem. and to provide for the payment of the same. Passed May 14, 1S80; three-flfths being present. The People of the State of Kein York, represented in Senate and Assembly, do enact asfolloirs: On petition of owners representing three-fourths lineal feet frontage on Delaware avenue, city to provide for grading ap.d planking same. — General tax to pay for same. Section 1. Whenever a petition shall be presented to the Com- mon Council of the city of Albany, signed by the owners of the real estate representing three-fourths of the lineal feet frontage upon Delaware avenue, between Warren street and the division line between the city of Albany and the town of Bethlehem, asking for the grading and planking of the same, in accordance with the provisions of this act, the city of Albany shall, in pur- suance of the laws of the State of New York, and of the ordi- nances of said city having reference thereto, provide for the grading and planking of said Delaware avenue, from the north line of Warren street to the division line between said city and the town of Bethlehem, such planking to be of hard wood, not less than eight feet in length and three inches in thickness, laid upon four hard-wood stringers, and laid in the road bed of said avenue; and when said work sliall be completed, the city of Albany is hereby authorized to provide for the payment of the cost of the same by a general tax upon tlie city of Albany, to be provided for in the next annual tax budget of the city of Albany, and collected in the manner provided for the collection of taxes in said city, and when so collected the same shall be used for the payment of the cost of the work herein provided for. How work to be done and repaired. — Contracts. — Suits against contractor. § 2. The work provided to be done under and by the provisions of this act shall be done, and the plank-road thereafter shall be kept in good condition and repair, under contracts to be made, let and entered into by the city of Albany, acting by the Board of Contract and Apportionment thereof, but only after due public City of Albany. 259 notice for bids for such work shall be given. The contracts shall be made for a period of two years, and the contractor shall give a bond, with a penaltj' of twice the aggi-egate amount to be paid under said contract, with two sufficient sureties, each of whom shall be a freeholder in this State, and shall justify in twice the penalty of the bond. Any owner of land abutting upon the road so to be improved maj', from time to time, sue in his name and recover from the contractor, or from the sureties upon his bond, or fi'om all of them, fifty dollars for each and every failure of the contractor to comply with any of the provisions of said contract, if such failure shall continue for three whole days after written notice, specifying the defects in said road, shall have been personally served on said contractor; or for fiv.e days after a similar notice shall have been deposited in the post-office in the city of Albany, duly inclosed in an envelope, with the proper postage prepaid thereon, directed to said contractor at his place of residence (which residence shall be mentioned in the contract). After May 12, 1876, expense of road to be paid by owners of property on same. § 3. This act shall continue in force until May first, eighteen hundred and eighty-six, at and after which time the city of Albany shall be relieved from the further expense of maintaining and keeping in order said road; and the same shall be main- tained and kept in order at the expense of the owners of abut- ting property, as in the case of the paved streets in the city of Albany. Not to prevent paving road. § 4. This act shall not prevent the paving of said road if the adjoining owners shall, at any time, duly petition therefor, in accordance with the provisions of the charter of the city of Albany. § 5. This act shall take effect immediately. 260 Laws Relating to the ("IIAPTEli 299 OF THE I.AAVS OF 1887. An Act to provide for tlio iinprovi'ment of a portion of Delaware avenue in the city of Albany and tlie streets intersecting the same, and for the payment of the expenses thereof. Passed May 10, 1S«7; three-fifths being present; without the approval of the Governor. The People of the State of i\'('(o York, repirsc/ilcd in Scnotc and Assonbly, do enact asfoUoirs: Delaware avenue, proceedings for improvement of part of. Section 1. Whenever a petition is made to the Common Council of the city of Albany in the form and manner authorized, and duly certified by the City Engineer and Surveyor as required by the charter of the city of Albany for the grading, filling, forming, curbing and paving the carriage-way with oblong dimension granite blocks of the best quality, of that portion of Delaware avenue between the north line of Warren street and a point in said Delaware avenue south thereof in the city of Albany, said Common Council is authorized to establish a grade for such street and the streets intersecting the same; and also to provide for the general manner of execution of such work, and to take such action as under the charter of said city and the laws relat- ing to the same shall be proper in the premises, and to direct such work to bo done, and it shall be the duty of the Board of Contract and Apportionment and the other boards, authorities and officers of said city to carry the same into execution and effect. Work, how to be done. — Expense thereof, how assessed. — To be a lien upon lands. § 2. Such work, in the foregoing section provided for, if author- ized by the Common Council, shall be done in all respects in accordance with the laws of the State of New York and the laws, ordinances and resolutions of the Common Council of the city of Albany. Whenever such Avork shall have been completed the expenses thereof shall be imposed and assessed upon the prop- erty benefited thereby in like manner and form as other asisess- ments for work done in said city are laid and imposed, and such assessment, when so made, shall be conclusive evidence of the regularity of all prior proceedings taken and had under the pro- visions of this act, and shall be and constitute a lien and charge upon the several pieces of land therein described, and the gen- City of Albany. 26 L eral provisions of the cliarter of the city of Albany now existing, or hereafter to be enacted, as to the validity of any assessment to the extent of any certificates of indebtedness issued in payment thereof, shall be applicable and shall apply to the assessment in this act provided for to the extent of auj' bonds issued hereunder to pay for the same. Assessments, when due and payable. — Discharge of liens, on payment of assessments. — Sale of property for unpaid assessments. — City Chamberlain to advertise and sell lands. § 3. If such petition sliall be duly presented to the Common Council and shall be certified by the City Engineer and Surveyor, as above provided for, then and in such case the assessment for the expense of such work above provided for shall be and become due and payable in the manner and at the times and in the pro- portions following, and not otherwise, that is to say, one-tenth part of each such assessment, with interest thereon from and after the date of the confirmation of such assessment, at and after the rate of three per centum per annum, shall be payable on the first day of September following the confinnation of such assessment, and one- tenth part thereof, with like interest from the date of the confirmation of such assessment, shall be and become due and payable on each succeeding fii-st day of Sep- tember until the whole of such assessment shall be paid. The owner of any piece of property so assessed may, at any time, pay to the Chamberlain of the city of Albany the assessment upon his property, with interest at the rate aforesaid up to the time of such payment, and thereupon said property shall be discharged from the lien of such assessment. In case any payment so above provided for shall not be made when as above provided for, it becomes due and payable, then such amount shall be collected by a sale of the property assessed, and by such other, if any, pro- ceeding as may bo provided by law for the collection of ordinary assessments in said city. It shall be the duty of the Chamberlain of the city of Albany immediately when any such default shall take place, to proceed, under the provisions of the charter of said city, to advertise the premises assessed for such amount so in default, and to sell the same for the amount due thereon, with interest on such amount from the time of such default, at the rate prescribed by the eharter of said city in the case of ordinary city assessments, together with the costs and charges of the notice and 262 Laws Uelatino to the sale. The property shall be sold subject to all subsequent pay- ments chargeable thereto under the said assessment, and subject to any other city assessment then a lien thereon, and the Cham- berlain's certificate of sale and the Chamberlain's declaration of sale shall each be conclusive evidence of the regularity of all pro- ceedings prior thereto, including the sale. Improvement bonds to issue. — Sale thereof. — Rate of interest. — Annual tax to pay interest and principal. — Payment to con- tractors.— Provisions of section 3 and section 4, when to apply. § 4. It shall be the duty of the Board of Finance of the city of Albany, upon the confirmation of any assessment mentioned in section three of this act, to cause to be prepared and executed in the usual form, bonds of said city to be known as Delaware avenue improvement bonds, and to sell so many of the same as near as may be, as shall produce an amount equal to such assessment, at public auction, at not less than par, after notice of such intended sale shall have been published for ten days, Sundays and legal holidays excepted, in the three city ne^\^spapers appointed and authorized to publish city notices in the city of Albany. Such bonds shall bear interest at not exceeding three and one-half per centum per annum, and shall be so respectively made payable, that of the principal sum thereby secured, there shall fall due on each first day of September after their issue, bonds representing such sum as shall, under the provisions of this act, be payable upon the assessment to represent which said bonds shall be issued. The interest upon such bonds shall be raised in the annual tax budget of said city, and the principal thereof shall be paid by the city, as they respectively mature, out of the amount collected from the assessment to pay the amount of which the bonds were issued. Should there not be sufficient money in the Chamberlain's hands, collected from such assessment, to pay the bonds or any of them when they mature, then such bonds shall be paid out of the general-debt sinking fund of the city, and in such case any money thereafter collected from the assessment shall be paid into snch sinking fund. The proceeds of such bonds shall be applied to the payment of the amount due to the contractor and any other expenses represented in and covered by such assessment. The provisions of sections three and four of this act shall not be applicable to any work done hereunder, and any assessment for City of Albajs'Y. 263 such work shall be collected and paid in all respects as other assessments are now collected and paid in under the provisions of the charter of said city unless the Common Council shall, in the law and ordinance providing for the doing of such work, direct that the provisions of this act as to the loaning of the credit of the city therefor shall be applicable thereto, which pro- vision in the law or ordinance for such work the owners signing a petition for the doing of said work are authorized to make a condition of said petition's taking effect. Gas and water pipes, drains, etc., laying of. § 5. All drains or culverts hereafter to be constructed, and all gas, water or otlier pipes hereafter to be laid, relaid or placed in said street between the points above designated, shall be con- structed and laid under the sidewalk, and not under the carriage- way thereof. § 6. This act shall take effect immediately. CHAPTER 319 OF THE LAWS OF 1888. An Act to provide for the improvement of a iwrtion of Delaware avenue, in the city of Albany, and the streets intersecting the same, and for the payment of the expense thereof. Approved by the Governor May 17, 1888. Passed, three-fifths being present. 27(f Piople of tJtc State of Si^ic York, represented in Senate and Assembly, do enact as follows : Section 1. Whenever a petition is made to the Common Council of the city of Albany, which petition shall be in the manner and form authorized and required by the charter of the city of Albany, and dulj' certified by the City Engineer and Surveyor as i*equired by the charter of the city of Albany, for the grading, filling, forming, curbing and paving and repaving the carriage-way and sidewalk with such kind of pavement as shall be set forth in said petition, of that portion of Delaware avenue between the south side of Madison avenue and the south boundary line of the city of Albany, or between the south side of Madison avenue and any point south of the south side of Madison avenue as designated in said petition; or between the north side of WaiTen street and any point south of the north side of Warren street as designated in said petition, said Common Council is authorized to establish 264 Laws Relating to the a grade for such street; and also to provide for the general man- ner of execution of snch work, and to take such action as under the charter of said city and the laws relating to the same shall be proper in the promises, and to direct such work to be done; and it shall be the duty of the Board of Contract and Apportion- ment, and the other boards, authorities and officers of said city, to carry die same into execution and effect. § 2. Such work, in the foregoing section provided for, if author- ized by the Common Council, shall be done in all respects in accordance with the Laws of the State of New York and the laws, ordinances and resolution of the Common Council of the city of Albany. Whenever such work shall have been completed, the expenses thereof shall be imposed and assessed upon the prop- erty benefited thereby in like manner and form as other assess- ments for work done in said city are laid and imposed, and such assessment, when so made, shall be conclusive evidence of the regularity of all prior proceedings taken and had under the pro- visions of this act, and shall be and constitute a lien and charge upon the several pieces of land therein described; and the general provisions of the charter of the city of Albany now existing, or hereafter to be enacted, as to the validity of any assessment to the extent of any certificates of indebtedness issued in payment thereof, shall be applicable and shall apply to the assessment in this act provided for to the extent of any bonds issued hereunder to pay for the same. § 3. If such petition shall be duly presented to the Common Council, and shall be certified by the City Engineer and Sur- veyor, as above provided for, then, in such case, the assessment for the expense of such work above provided for shall be and become due and payable in the manner and at the time and in the proportions following, and not otherwis, that is to say, one- tentli part of each such assessment, with interest on the whole amount of the entire assessment up to that time remaining unpaid from and after the date of the confirmation of such assessment, at and after the rate of three per centum per annum, shall be payable on the first day of September following the confinnation of such assessment, and one-tenth part thereof, with like interest on the whole amount of the entire assessment up to that time remaining unpaid from the date of the confirmation of such assess- ment, shall be and become due and payable on each succeeding first day of September until the whole of such assessment shall City of Albany. 265 be paid. The owner of any piece of property so assessed may, at any time, pay to the Chamberlain of the city of Albany the assessment upon his property, with interest at the rate afore- said up to the time of such payment, and thereupon said property shall be discharged from the lien of such assessment. In case any payment so above provided for shall not be made when, as above provide for, it becomes due and payable, and then such amount shall be collected by a sale of the property assessed, and by such other, if any, proceeding as may be provided by law for the collection of ordinary assessments in said city. It shall be the duty of the Chamberlain of the city of Albany immediately when any such default shall take place, to proceed, under the pro- visions of the charter of said city, to advertise the premises assessed for such amount so in default, and to sell the same for the amount due thereon, with interest on such amount from the time of such default, at the rate prescribed by the charter of said city in the case of ordinary city assessments, together with the costs and charges of the notice and sale. The property shall be sold subject to all subsequent payments chargeable thereto under the said assessment, and subject to any other city assessment then a lien thereon, and the Chamberlain's certificate and the Chamberlain's declaration of sale shall each be conclusive evi- dence of the regularity of all proceedings prior thereto, including the sale. § 4. It shall be the duty of the board of finance of the city of Albany, upon the confirmation of any assessment mentioned in section three of this act, to cause to be prepax-ed and executed in the usual form, bonds of said city, to be known as Delaware avenue improvement bonds, and to sell so many of the same, as near as may be, as shall produce an amount equal to such assess- ment, at public auction, at not less than par, after notice of such intended sale shall have been published for ten days. Sundays and legal holidays excepted, in the three city newspapers appointed and authorized to publish city notices in the city of Albany. Such bonds shall bear interest at (not exceeding) three and a half per centum per annum, and shall be so respectively made payable, that of the principal sum thereby secured to be paid there shall fall due on each first day of November following, each first day of September succeeding the confirmation of the assessment above provided for, bonds representing one-tenth part of the aforesaid assessment, to represent which said bonds shall 2QQ . Laws Relating to the be issued. The principal and interast on such bonds shall be paid by the city as they respectively mature, out of the amount collected from the assessment to pay the amount of which the bonds were issued. Should there not be sufficient money in the Chamberlain's hands, collected from such assessment, to pay the bonds, or any of them, or the interest thereon, when they mature, then such bonds or interest shall be paid out of the general debt sinking fund of the city, and in such case any money thereafter collected from the assessment shall be paid into suc-h sinking fund. The proceeds of such bonds shall be applied to the pay- ment of the amount due to the contractor and any other expense represented in and covered by such assessment. The provisions of sections three and four of this act shall not be applicable to any work done hereunder, and any assessment for such work shall be collected and paid in all respects as other assessments are now collected and paid in, under the provisions of the charter of said city, unless the Common Council shall, in the law and ordinance providing for the doing of such work, direct that the provisions of this act as to the loaning of the credit of the city therefore* shall be applicable thereto, which provision in the law or ordinance for such work, the owner signing a petition for the doing of said work are authorized to make a condition of said petition taking effect. (As amended by chapter 176, Laws of 1891.) § 5. All drains or culverts hereafter to be constructed, and all gas, water or other pipes hereafter to be laid, relaid or placed in said streets between the points above designated, shall be con- structed and laid under the sidewalks and not under the carriage- way thereof; and all water, sewer and gas pipes now laid in said streets shall be taken up and relaid under the sidewalk before the carriage-way is paved as herein .provided for. The chairman of the Board of Supervisors is hereby authorized to sign the petition mentioned in the first section of this act, for and on behalf of the county of Albany and on account of the land used in connection with the penitentiary property on said Delaware avenue. The provisions of the charter of the city of Albany as to ordinary repains to granite block or other kind of square stone pavement shall apply to the Trinidad asphalt pavement if selected by the property owners to be laid on Delaware avenue. § 6. This act shall take effect immediately. City of Albany. 267 CHAPTER G93 OF THE LAWS OF 1881. An Act to permit and authorize the city of Albany to issue the bonds of said city for the payment of the expen-se of excavating, filling, forming, curbing and paving with dimension granite blocks Clinton avenue, in said city of Albany, from North Pearl street, in said city, to a point west in said avenue to be deter- mined by the Common Council of said city, and to provide for the payment of said bonds. Passed August 12, 1881; three-fifths being present. The People of the State of JSfeiP York, represented in Senate and Asse^nbly, do enact as follows : When city may issue bonds.— How issued. — Sale of proceeds how applied. — Liens. — Rebate of interest. Section 1. Whenever the city of Albany shall have, pursuant to the Laws of the State of New York, and the ordinances of said city having reference thereto, provided for the excavating, fill- ing, forming, curbing and paving with dimension granite blocks, Clinton avenue, in said city of Albany, from North Pearl street, in said city of Albany, to a point west in said avenue to be deter- mined by the Common Council of said city, and the necessary work therefor shall be completed and the cost and expense thereof apportioned and assessed, and said apportionment and assessment therefor shall be confirmed, the said city is hereby and shall be authorized and empowered to issue the bonds of the city of Albany for the amount of the cost and expense of such work, which said bonds shall be called the Clinton avenue improvement bonds. Such bonds shall be signed by the Mayor and countersigned by the Chamberlain and the Clerk of the Common Council of said city, and shall be issued in such denominations and be payable at such a period, and bear interest at such rate, not exceeding five per centum per annum, as may be determined by the finance department of said city prior to the issuing of such bonds. Such bonds shall be sold at public auction by the Chamberlain of said city at not less than par. With the proceeds of the sale of such bonds there shall be paid by the Chamberlain the costs and expenses of said work and the cast and expenses of issuing said bonds, and the surplus, if any, shall be applied to the fund to be provided for the payment of said bonds. The amounts appor- tioned and assessed for such improvement shall, respectively, be liens upon the houses and lots and vacant lots assessed therefor; but 2G8 Laws Relating to the there shall be no interest charged thereon, nor any sales therefor, until the expiration of five years from the date of the confirma- tion aforesaid, and the provisions of law relative to the charging of interest on unpaid assessments in said city is hereby sus- pended in relation to the assessment made for said improvement for five years, after which time the same shall fully apply. The finance department of said city may establish riiles and regula- tions for the rebate of interest on said assessments, and regulate the amount to be rebated on such assessments paid before the expiration of said five years. The payment of the interest on said bonds shall be provided for by being included in the annual tax budget of the said city, sent to the Board of Supervisors. Advertisement, etc., not to be made until Corporation Counsel gives certificate. § 2. The advertisement for proposals to do the necessary work for said improvement and the letting of the contract therefor shall not be made until the Corporation Counsel certifies as to the legality and correctness of all the necessary steps and pro- ceedings taken under the laws and ordinances of said city to that time. The contract for the doing of the necessary work therefor shall be let to the lowest responsible bidder. Assessment, etc., to be made by Board of Contract. § 3. The assessment and apportionment of the cost and expenses of said improvement shall be made by the Board of Contract and Apportionment of said city of Albany, as is provided for in and by title eight of an act passed March sixteenth, eighteen hundred and seventy, entitled "An act to amend the 'Act to combine into one act the several acts relating to the city of Albany,' passed April twelfth, eighteen hundred and forty-two. and the several acts amendatory thereof, in so far as they relate to the city of Albany," and the amendments thereto. Tax to pay bonds. § 4. The year preceding the maturity of saidi bonds the amount thereof equal to the amount of the unpaid assessments and appor- tionments therefor, with interest thereon to the maturity of said bonds, shall be placed in the tax budget and raised by tax and the said bonds paid at maturity. The moneys arising from the payment of the assessments, either before they become payable or at the time thereof, may be invested by the Chamberlain, City of Albany. 269 under the direction of tlie trustees of the sinking fund, whenever, in their judgment, they may deem it proper, and such moneys shall only be used for the purpose of paying the bonds of the city herein provided for. The suiiilus, if any there be remaining in the fund after the payment of said bonds, shall be transferred to the general fund. § 5. This act shall take effect immediately. CHAI'TER 458 OF THE LAWS OF 1881. An Act to pennit and authorize the city of Albany to issue the bonds of the said citj' for the payment of the expense of drain- ing, grading, forming, paving and flagging a portion of Sei-ond avenue in the city of All»any, and to extend the time of pay- ment of the assessments therefor. Passed June 4, 1881; three-fifths being present. The People of the State of New York, represoited in Senate and Assembly, do enact as follows : When city may issue bonds for paving, etc. — Denomination of, etc. — Assessments to be liens. Section 1. Whenever tlie city of Albany shall have, pursuant to the Laws of the State of New York, and the ordinaucco of said city having reference thereto, provided for the draining, forming and grading, paving and flagging. Second avenue, in the said city, from Sloan street to the intersection of Second and Delaware avenues, and the work shall be completed and appor- tioned, and said apportionment shall be confirmed, the said city is hereby and shall be authorized and empowered to issue the bonds of the city of Albany for the amount of the expense of such work when assessment for the same shall be confirmed, which said bomls shall be called the Second avenue improvement bonds. They shall be issued in such denomination as the finance department of said city shall determine, shall be signed by the Mayor, countersigned by the Chamberlain and Clerk of the Com- mon Council, and shall be payable in seven years after their date, and draw interest at the rate of not exceeding five per centum per annum. Such bonds shall not be sold at less than par. With the proceeds of the sale of such bonds there shall be paid by the Chamberlain the costs and expenses of said work and the costs and expenses of said bonds, and the surplus, if any, 270 Laws Relating to the shall be applied to the fund to be provided for the payment of said boncLs. T\w amounts apportioned and assessed for such imprcvements shall, respectively, be liens upon the houses and lots and vacant lots assessed therefor; but there shall be qo interest charged thereon, nor any sales therefor, until the expira- tion of five years from the date of confirmation aforesaid, and the provision of the law relative to the charging of interest on unpaid assessments in said city is hereby suspended in relation to the assessment made for said improvement for five years, after which time the same shall fully apply. Rebate of interest, etc., on assessments. — ^Subdivision of lots. — Reapportionment of amount on. § 2. The finance department of said city may establish rules and regulations for the rebate of interest on said assessments, and regulate the amount to be rebated on such assessments paid before the expiration of said five years. In case the owner or owners of any large lots upon which any assessment has been made, as hereinbefore provided, shall subdivide the same into smaller lots and desire the amount of the original apportionment apportioned upon said smaller lots, it shall be the duty of the owner or owners of such large lots to have a survey and map thereof made by or under the direction of the City Surveyor and Engineer, the original of which to be placed on file and retained in the office of the City Surveyor and Engineer, and a copy thereof to be filed in the Clerk's office of the county of Albany; and upon the request, in writing, of such owner or owners, approved by the City Surveyor and Engineer, the Board of Con- tract and Apportionment shall divide such original amount assessed upon such large lot, and reapportion and assess the same upon such smaller or subdivision lots, and when confirmed such amounts as may be so reapportioned shall be received by the Chamberlain in payment for and operate as a release of the lien created by the original assessment, so far as such lien may apply to such division lot. Tax to pay bonds. § 3. The year preceding the maturity of said bonds, the amount thereof equal to the amount of the unpaid assessments and interest to the maturity thereof shall be placed in the budget and raised by tax, and the bonds paid at maturity. The proceeds City of Albany. 271 of the collections and sales on said assessments with the amount raised by tax shall be kept separately and added at the end of the year to the fund for the payment of said bonds, with the interest thereon, and after the bonds and interest thereon shall have been fully paid, the surplus, if any there be remaining in the fund, shall be transferred to the general fund. When work to be advertised and let. § 4. The Board of Contract and Apportionment are authorized to cause the work for said improvement to be advertised and let after the Corporation Counsel shall have certified to the regularity of all the proceedings taken prior to such advertisement and letting; and then the contract shall be let to the lowest respon- sible bidder. § 5. This act shall take effect immediately. CHAl'TEU 75 OF THE LAWS OF 1886. An Act to provide for the improvement of that portion of Broad- way between the north line of De Witt street and the north boundary line of the «ity of Albany, and the streets intersect- ing the same, and for the payment of the expenses thereof. Passed March 26, 1886; three-fifths being present. The People of the State of New York, represented in Senate and Aisemhly, do enact asfolloics: Petition to Common Council for Broadway improvement. — Duly of City Surveyor. — Duty of Common Council. — Duty of Board of Contract. Section 1. The owners or agents of the owners of the land rep- resenting more than one-half the aggregate number of feet of frontage upon that portion of Broadway between the north line of De Witt street and the north boundary line of the city of Albany, in the city of Albany, may, at any time within three months from and after the time that this act shall take effect, present to the Common Council of said citj' a petition in writing, subscribed by such owners or their agents and duly acknowledged before some officer authorized to take the acknowledgment of deeds, asking for the grading, filling, forming, flagging the side- walks, curbing and paving the carriage-way with oblong dimen- 272 Laws Rklati^g to the sion grauito blot-ks of the best quality, of that portion of Broad- way in said ■city above specified, subject to such provisions as to character and quality of work and materials not inconsistent herewith, as may be specified in suci petition. It shall thei-e- upon be the duty of the City Engineer and Surveyor of said city to inquire and ascertain whether such owners themselves, or by their agents, have subscribed such petition, and whether the per- sons so subscribing the same represented more than one-half of the aggregate number of feet of frontage upon the aforesaid portion of Broadway, and if he shall find that such is the fact he shall so. certify upon such petition, and his certificate shall be conclusive evidence of such facts, and of each of them, and it shall thereupon be the duty of tlie said Common Council forthwith to establish a grade for such street and the streets intersecting the same; and also to provide for the general manner of execu- tion of such work, and to take such action as under the -charter of said city and the laws relating to the same shall be proper in the premises, and to direct such work to be done, and it shall be the duty of the Board of Contract and Apportionment and the other boards, authorities and oflicers of said ci^y to carry the same into execution and effect. Work, how to be done. — Board of Contract may direct certain repairs. — Cost of work, how assessed. § 2. Such work, in the foregoing section provided for, .shall be done in all respects in accordance with the Laws of the State of New York and the laws, ordinances and resolutions heretofore passed by the Common Council of tlie city of Albany applicable to the premises, which said laws, ordinances and resolutions are hereby ratified and made valid; provided, however, that as to so much of the carriage-way of the street as is now laid in granite blocks, and so much of the sidewalks as is flagged, the contract for such work may. in the discretion of the Board of Conti-act and Apportionment, provide simply for the relaying and putting in proper order and repair of the present granite block pavement and of the present flagging, instead of the furnishing of new granite blocks and now flagging therefor. Whenever such work shall have been completed, the expense thereof shall be imposed and assessed upon the px-operty benefited thereby in like manner and form as other assessments for work done !n said city are laid and imposed. City of Ablant. 273 Assessments for street improvement and sewers, when to be payable. — ^Sale of lands for non-payment of assessments.— Duty of City Chamberlain as to sale. § 3. If such petition shall be duly presented to the Common Council and shall be certified by the City Engineer and Survej'or, as above provided for, then and in such case the assessment for the expense of such work above provided for, and any assess- ment which may be laid or imposed upon property benefited, to cover the expense of certain sewers or drains now in process of construction or to be hereafter constructed under certain laws of the Common Council of the city of Albany, passed on March six- teen, eighteen hundred and eighty-five, and entitled as follows: A law to provide for draining Broadway from the arch or cul- vert to be constructed over Patroon's creek to the south line of North Ferrj- street; and a law to authorize and provide for the construction and laying of brick and cement sewers in Broadway, from the arch or culvert to be constructed over Patroon's creek, to the north line of the city, shall be and become due and payable in the manner and at the times and in the proportions following and not otherwise, that is to say, one-fifth part of each such assessment shall be payable on the first day of September of the year next succeeding the year in which such assessment shall be confirmed, and one-fifth part thereof shall be and become due and payable on each succeeding first day of September until the whole amount of such assessment shall be paid. In case any payment so above provided for shall not be made when, as above provided for, it becomes due and payable, then such amount shall be collected by a sale of the property assessed, and by such other, if any, proceeding as may be provided by law for the collection of ordinary assessments in said city. It shall be the duty of the Chamberlain of the city of Albany, immediately when any such default shall take place, to proceed, under the provisions of the charter of said city, to advertise the premises assessed for such amount so in default, and to sell the same for the amount due thereon, together with interest thereon from the time of such default at the rate prescribed by the charter of said city in the case of ordinary city assessments. The property shall be sold sub- ject to all subsequent payments chargeable thereto under the same assessment and subject to any other city assessment the^' a lien thereon. 18 274 Laws Relating to the Board of Finance to execute and sell improvement bonds.— Eate of interest and when payable.— Interest and principal, how paid. § 4. It shall be the duty of the board of finance of the city ol: Albany, upon the confirmation of any assessment mentiouod ia section three of this act, to cause to be prepared and executed, in the usual form, bonds of said city, to be known as Broad\Aay improvement bonds, equal in the aggregate to the amount of said assessment, and to sell the same at public auction at not less than par, after notice of such intended sale shall have been published for ten days, Sundays and legal holidays excepted, in the three city newspapers appointed and authorized to publish city notices in the city of Albany. Such bonds shall bear inter- est at not exceeding three and one-half per centum per annum, and shall be so respectively made payable that of the principal sum thereby secured there shall fall due on each first day of September after their issue bonds representing such sum as shall, under the provisions of this act, be payable upon the assessment to represent which said bonds shall be issued. The interest upon such bonds shall be raised in the annual tax budget of said city, and the principal thereof shall be paid by the city, as they respectively mature, out of the amount collected from the assess- ment to pay the amount of which the bonds were issued. Should there not be suflicient money in the Chamberlain's hands col- lected from such assessments to pay the bonds, or any of them, when they mature, then such bonds shall be paid out of the gen- eral debt sinking fund of the city, and any money thereafter col- lected from the assessment shall be paid into such sinking fund. • Proviso as to drains, gas and water-pipes. § 5. All drains or culverts hereafter to be constructed, and all gas, water or other pipes hereafter to be laid, relaid or placed in said street between the points above designated, shall be con- structed and laid under the sidewalkss and not under the carriage- way thereof. Board of Finance may issue improvement bonds. — How exe- cuted and sold. — Rate of interest, and when payable.— Pro- ceeds from bonds, how applied. — Proviso. § 6. The board of finance of the city of Albany are hereby authorized to issue bonds of the city of Albany to an amount City of Albany. 275 such, that the proceeds thereof shall amount to the sum of one hundred and seventy thousand dollars, to be known as Broadway improvement bonds. Said bonds shall be signed by the Mayor and Chamberlain of the city. Said bonds shall be executed, issued and sold in the manner provided in section four of this act; they shall bear interest at the rate of not more than three and one- half per centum per annum, and the principal thereof shall be payable in five equal annual installments, commencing September first, eighteen hundred and eighty-nine. The interest and princi- pal of said bonds shall be raised and paid in the manner provided in section four of this act. The proceeds of the bonds hereby authorized to be issued shall be used to pay for the work described and sot forth in sections one, two and three of this act, that is already completed and accepted by the Street Commis- sioner of the city of Albany, and the Chamberlain shall pay the same to the persons and in the amounts directed by the Board of Contract and Apportionment of the city of Albany. "When, under the provisions of section four of this act, the board of finance of the city of Albany issue bonds as therein provided, they shall deduct from the amount to be issued by them the amount of the bonds issued under the provisions of this section. CHAPTER 305 OF THE LAWS OF 1887. An Act to provide for the opening, grading and construction of a boulevard, from a point on Livingston avenue, opposite Thornton, street, northerly to Van Kensselaer boulevard in the city of Albany. Passed May 11, 18S7; three-fifths being present; without the approval of the Governor. The People of the State of New Turk, represented in Senate and Assembly, do enact asfoUoirs: Opening of Northern Boulevard. — Assessment of work of bridg- ing.— Specifications. Section 1. The city of Albany is authorized and empowered to take proceedings for the opening and construction of a boulevard to be known as the Northern boulevard, from a point on Living- ston avenue where the same is now intersected by Knox street in a northerly direction to and across Tivoli creek or Patroon's creek, in such direction as may be designated, and with such 27G Laws Relating to the , grades as may be approved by tlie Board of Contract and Appor- tionment to such point in the road or avenue linown as Van Rensselaer boulevard as may be designated by said board. The work of bridging over any land shall be assessed upon the land abutting upon the line of the boulevard formed by such bridge. The specifications for such work shall include and cover the cost of construction of the same in such wise as to include all exca- vating, filling, forming, grading, bridging and other construc- tion necessary to establish a boulevard of such width, grade and surface as may be prescribed and fixed by said board. (As amended by chapter 391, Laws of 1892.) Land-owners may perform gi-ading, etc., in front of their lands. § 2. The owner or owners of any laud abutting upon said boule- vard shall be at liberty, under such rules and regulations, and after such reasouable notice and within such reasonable time, not less than three nor more than twelve months, as the Board of Ck)ntract and Apportionment may prescribe, to pay the expenses of, and cause to be done the work of opening, grading, filling and forming the said boulevard in front of the land owned by such owner or owners, and any owner or owners so paying the expense of and doing the Avork in that portion of the boulevard, in front of his or their land, shall not, nor shall his or their land be liable, or be assessed for any of the expense of the work done under this act. lExpenditure for work, etc., how paid. — Amount, how raised and assessed. — Limitation of outlay. § 3. Such expenditure as shall be necessary to excavate, fill and form such boulevard, and to culvert so much of Patroon's creek as runs thereunder, from a point about two hundred feet south of Patroon's creek, and marked " division line," on a map heretofore made by R. H. Bingham, dated March five, eighteen hundred and eighty-seven, and signed by the City Engineer and Surveyor of the city of Albany and filed in his office, to a line fence passing near to a large pine tree, which pine tree is shown on said map as in the center line of said proposed boulevard, being about seven hundred feet easterly from the said point marked " division line," shall be paid by the Chamberlain of the city of Albany out of any unappropriated moneys in his hands, and the amount thus paid shall be included and raised, five- City of Albany. 217 sixths parts thoroof in the next city lax budget, and one-sixth part thereof shall be by the Board of Supervisors of Albany county assessed upon the taxable property of the town of Water- vliet, in said county, in the next tax levy made after such amount shall be certified by the Chamberlain of the city of Albany to said board, and shall be raised by tax and paid over to said Chamberlain and be by him repaid to the fund from which it was taken; provided, however, that the amount to be expended for so excavating, filling and foraiing such boulevard between said " division line " and said " line fence " near said " pine tree," and for culvertiug so much of Patroon's creek as i-uns thereunder, shall not exceed thirty-five thousand dollars, and in case such work cannot be done for the sum of thirty-five thousand dollars this act shall not take effect. (As amended by cliapter 391, Laws of 1S92.) Assessment upon owners of adjoining land. — ^To be a lien thereon. § 4. All the rest of the expense of the work hereby authorized 'shall be assessed against the owner or owners of the several pieces of land lying and being respectively opposite to the respect- ive places at which the work shall be done or the expense shall be incurred, in such wise, that each such owner or owners shall pay the expense of the work done in front of, or opposite to his or their own land, except as other wise provided for in section three herein; and such assessment shall be and constitute a lien upon the respective pieces of land to a point such distance back from the line of said boulevard as the Board of Contract and Apportionment shall determine that the benefit of such work extends. Proceedings for acquiring title to lands. — Assessment of expense. § 5. The city of Albany is hereby authorized to take proceed- ings in accordance with the provisions of the city charter for the purpose of acquiring the title to any land, or any easement or right therein which shall be necessary or proper for the purpose of cariying into effect this act and the expense of acquiring and paying for the land, easement or right so acquired, shall be appor- tioned and assessed upon the property benefited by said work and collected therefrom and from the owners thereof in the manner 278 Laws Relaiing to tub in which assessments for such purpose are now by the general provisions of said charter of the city of Albany provided to be enforced. (As amended by chapter 391, Laws of 1892.) Gas and water pipes, etc., how laid.— Extension of water mains. § 6. No drains or culverts hereafter to be constructed, and no gas, water or other pipes hereafter to be laid or placed in said boulevard, excepting such as shall be laid in streets intersecting or crossing the same, shall be constructed and laid within twenty- five feet of the center line . thereof, but shall be laid or placed within the limits of that portion of said boulevard to be set apart for sidewalks, and the Water Commissionei-s of said city are hereby authorized and directed, within one year after said boule- vard has been completed, and the work thereof accepted by the Board of Contract and Apportionment, to lay water pipes or mains on each side of said boulevard between Livingston avenue and a point eighteen hundred fee* north of the same, in accordance with the provisions of this section. § 7. This act shall take effect immediately. CHAPTER 352 OF THE LAWS OF 1887. An Act to enable tlie city of Albany to repair, extend, complete and preserve the Beaver creek sower in the city of Albany. Passed May 17, 1887; three-fifths being present; without the approval of the Governor. The People of the State of Neto York, represented in Senate and Assembly, do enact as follows: Beaver creek sewer, contract for improvement of. — ^Laws applicable. Section 1. The Board of Contract and Apportionment of the city of Albany is hereby authorized and empowered to enter into a contract or contracts for repairing, extending and completing the Beaver creek sewer, arch or culvert from the end of the present sewer at or near the intersection of Myrtle avenue and Lark street to such point east thereof, not further than the west line of Grand street, as may be necessary to complete said arch or sewer, and put the part heretofore constructed in good condition and to build man-holes, receiving basins and connecting drains to said sewer, and to cause the surrounding low grounds to be City of Albany. 279 filled to such depth as to •c-auso the surface drainage to flow to and into the main sewer. Said main sewer to be covered with not less than four feet of earth for its entire length. Such con- tract or contracts shall be let and said work done pursuant to and subject to all the laws and ordinances governing and relating to the construction of sewei-s and the making of local public improvements in the city of Albany. City bonds to issue for one-half cost of work. — Remaining one- half of cost, how assessed for benefits. — Assessments, how made. — ^To be a lien upon lands. — Sale thereof for non- pajrment. § 2. When the work shall have been completed and accepted by the proper authorities, the board of finance of the city of Albany shall issue bonds of the city of Albany, signed by the Mayor and Chamberlain, for the entire expense of extending the sewer, men- tioned in tlie first section of this act, from the wc>«t line of Grand street to a point about forty feet to the east hereof and also for fifty per centum of the expense of the balance of the work herein provided to be done, «uch bonds shall bear interest at the rate of not more than three and one-half per centum per annum, and shall be made payable in equal annual payments, commencing two years from the date of their issue, and the whole amount to be paid in twenty years fi'oni the date of their issue; the amount necessary to make such annual payments, together with the inter- est on such bond.s, sliall be placed in the annual tax budget and paid. The Board of Contract and Apportionment shall proceed to apportion and assess the remaining fifty per centum of the expense of the work hei-ein provided for, upon the real estate, franchises, houses and lots and vacant lots that they shall adjudge to be benefited by such work in proportion as they shall adjudge each piece of property so assessed to have been benefited by such work. Such assessment and apportionment shall be made in like manner and form as other assessments for work done in the city of Albany are made and imposed; and the same shall be a lien upon the houses and lots and vacant lots adjudged to be bene- fited thereby, and the same shall be sold for non-payment thereof in the same manner as is provided for the sale of property for the non-payment of assessments in and by the charter of the city of Albany. § 3. This act shall take effect immediately. (As amended by chapter 262, Laws of 1888.) 280 Laws Relating to the CHAPTER 362 OF THE LAWS OF 1890. An Act to enable the city of Albany to extend and complete the Beavei- creek sewer in the city of Albany, and to provide for the expense thereof. Approved by the Governor May 19, 1890. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact asfoUoics : Section 1. Whenever the city of Albany shall have, pursuant to the Laws of the State of New York and the ordinances of said city having reference tliereto, provided for extending and com- pleting the Beaver creek sewer, arch or culvert from the westerly termination of the present sewer in Myrtle avenue, about thirty feet east of the easterly line of Lexington avenue, to a point westerly therefrom to be determined by the Common Council, not farther than the easterly tei-mination of the sewer in Park avenue, about fifteen feet east of the easterly line of Allen street, and for building man-holes, receiving basins and connecting drains to said sewer, and for covering said main sewer with not less than four feet of earth for its entire length, and such work shall have been completed and accepted by the proper authorities, the expense thereof shall be raised as provided in the second section of this act. The contract or contracts for such work shall be let and said work done pursuant and subject to all the laws and ordi- nances governing and relating to tlie construction of sewers and tlie making of local improvements in the city of Albany. § 2. When said work shall have been completed and accepted by the proper authorities, as aforesaid, the board of finance of the city of Albany shall issue the bonds of the city of Albany, signed by the Mayor and Chamberlain, for fifty per centum of the expense of the work herein provided to be done. Such bonds shall bear interest at the rate of not more than three and one- half per centum per annum, and shall be made payable in equal annual payments, commencing two yeans from the date of their issue, and the whole amount to be paid in twenty years from the date of their issue. The amount necessary to make such annual payments, together with the interest on such bonds, shall be placed in the annual tax budget and paid. The Board of Contract and Apportionment shall proceed to apportion and assess the remaining fifty per centum of the expense of the work herein pro- City of Alb ant. 281 vided for, upon the real estate, franchises, houses and lots and vacant lots that they shall have adjudged to be benefited by such work in proportion as they shall adjudge each piece of prop- erty so assessed to have been benefited by such work. Such assessment and apportionment shall be made in like manner and form as other assessments for work done in the city of Albany are made and imposed ; and the same shall be a lien upon the real estate, franchises, houses and lots and vacant lots adjudged to be benefited thereby, and the same may be sold for non-payment thereof in the same manner as is provided for the sale of property for tlie non-payment of assessments in and by the charter of the city of Albany. § 3. This act shall take effect immediately. CHAPTER 231 OF THE LAWS OF 1888. An Act to provide for the improvement of a portion of Central avenue and Watervliet avenue in the city of Albany, and the constructiou of a sewer in a portion of Central avenue in said city, and for the payment of the expenses thereof. Became a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 8, 1888. Passed, three-flfths being present. The People of the State of New York, represented in Senate and Assembly, do enact asfolloics : Section 1. Whene%-er a petition is made to the Common Council of the city of Albany in the form and manner authorized and duly certified by the City Engineer and Surveyor as required by the charter of the city of Albany for the grading, filling, forming, curbing and paving the carriage-way with oblong dimension gran- ite blocks of the best quality, of that portion of Central avenue between the east line of Main avenue and the west line of "Watervliet avenue; and of that portion of Watervliet avenue between Central avenue and the New York Central i-ailroad bridge; and the construction of sewers in Central avenue from Ontario street to Watervliet avenue in said city, said Common Council is authorized to establish a grade for such streets; and also to provide for the general manner of execution of such work, and to take such action as under the charter of said city and the laws relating to the same shall be proper in the premises, and to direct such work to be done: and it shall be the duty of the 282 Laws Relating to tue Board of Contract and Apportionment, and the other boards, authorities and officers of said city to carry the same into exe- cution and effect. § 2. Such work, in the foregoing section provided for, if author- ized by the Common Council, shall be done in all respects in accordance with tlie laws of tlie State of New York and the laws, ordinances and resolutions of the Common Council of the city of Albany. Whenever such Avork shall have been completed, the expenses thereof shall be imposed and assessed upon the prop- erty benefited thereby in like manner and form as other assess- ments for work done in said city are lakl and imi>osed, and such assessment, Avhen so made, shall be conclusive evidence of the regularity of all prior proceedings taken and had under the pro- visions of this act, and shall be and constitute a lieu and charge upon the several pieces of land therein described; and the gen- eral provisions of the charter of the city of Albany now existing, or hereafter to be enacted, as to the validity of any assessment to the extent of any certificates of indebtedness issued in pay- ment thereof, sliall be applicable and shall apply to the assess- ment in this act provided for to the extent of any bonds issued hereunder to pay for the same. § 3. If such petition shall be duly presented to Uie Common Council and shall be certified by the City Engineer and Surveyor, as above provided for, then in such case the assessment for the expense of such work above provided for shall be and become due and payable in the manner and at the time and in the pro- portions following, and not otherwise, that is to say, one-fifth part of each such assessment, with interest on the whole amount of the entire assessment up to that time remaining unpaid from and after the date of the confirmation of such assessment, at and after the rate of three and one-half per centum per annum, shall be payable on the first day of September following the confirma- tion of such assessment, and one-fifth part thereof, with like interest on the whole amount of the entire assessment up to that time remaining unpaid from the date of the confirmation of such assessment, shall be and become due and payable on each suc- ceeding first day of September until the whole of such assess- ment shall be paid. The owner of any piece of property so assessed may, at any time, pay to the Chamberlain of the city of Albany the assessment upon his property, with interest at the rate aforesaid up to the time of such payment, and thereupon said property shall be discharged from the lien of such assess- City of Albany. 283 ment. In case any payment so above provided for shall not be made when as above provided for it becomes due and payable, and then such amount shall be collected by a sale of the prop- erty assessed, and by such other, if any, proceeding as may be provided by law for the collection of ordmary assessments in said city. It shall be the duty of the Chamberlain of the city of Albany immediately when any such default shall take place, to proceed, under the provisions of tlie -charter of said city, to advertise the premises assessed for such amount so in default, and to sell the same for the amount due thereon, with interest on such amount from the time of such default, at the rate pre- scribed by the charter of said city in the case of ordinary city assessments, together with the costs and charges of the notice and sale. The property shall be sold subject to all subsequent payments chargeable thereto under the said assessment, and sub- ject to any other city assessment then a lien thereon, and the Chamberlain's certificate and the Chamberlain's declaration of sale shall each be conclusive evidence of the regularity of all pro- ceedings prior thereto, including the sale. § 4. It shall be the duty of the board of finance of the city of Albany, upon the confirmation of any assessment mentioned in section three of this act, to cause to be prepared and e.vecuted in the usual form, bonds of said city to be known as Central avenue and Watervliet avenue improvement bonds, and to sell so many of the same, as near as may be, as shall produce an amount equal to such assessment, at public auction at not less than par, after notice of such intended sale shall have been published for ten days, Sundays and legal holidays excepted, in the three city newspai)ers appointed and authorized to publish city notices in the city of Albany. Such bonds shall bear interest at (not exceed- ing) three and one-half per centum per annum, and shall be so respectively made payable, that of the principal sum thereby secured to be paid there shall fall due on each first day of Novem- ber following each first day of September succeeding the con- firmation of the assessment above provided for bonds represent- ing one-fifth part of the aforesaid assessment, to represent which said bonds shall be issued. The principal and interest upon such bonds shall be paid by the city, as they respectively mature, out of the amount collected from the assessment to pay the amount of which the bonds were issued. Should there not be suflBcient money in the Chamberlain's hands, collected from such assess- ment, to pay the bonds or any of them, or the interest thereon 284 Laws Relating to the when tlioy matui-e, then such bonds or interest shall be paid out of the general debt sinking fund of the city, and in such case any money thereafter collected from the assessment shall be paid into such sinking fund. The proceeds of such bonds shall be applied to the payment of the amount due to the contractor and any other expenses represented in and covered by such assessment. The provisions of sections three and four of this act shall not be applicable to any work done hereunder, and any assessment for such work shall be collected and paid in all respects as other assessments are now collected and paid in, under tlie provi.sions of the charter of said city, unless the Common Council shall in the law and ordinance providing for the doing of such work direct tliat the provisions of this act as to tlie loaning of the credit of the city therefor, shall be applicable thereto, which pro- vision in the law or ordinance for such work, the owners signing a petition for the doing of said work are authorized to make a condition of said petitions taking effect. § 5. All drains or culverts hereafter to be constructed, and all gas, water or other pipes hereafter to be laid, relaid or placed in said streets between the points above designated, shall be con- structed and laid under the sidewalks and not under the carriage- way thereof. § G. This act shall take effect immediately. CHAPTER 389 OF THE LAWS OF 1892. An Act to provide for the improvement of a portion of Central avenue in the city of Albany, and streets intersecting the same and for the payment of the expenses thereof. Approved by the Governor April 30, 1892. Passed, three-fifths being present. The People of the State of Ncio York, represented in Senate and Assembly, do enact asjollows: Central avenue, proceedings for improvement of portion of.— Proviso as to letting of contracts. Section 1. Whenever a petition is made to the Common Council of the city of Albany, which petition shall be in the manner and form authorized and required by the charter of the city of Albany, and duly certified by the City Engineer as required by the charter of the city of Albany, for the grading, filling, forming, curbing, paving and repaving the carriage-way and sidewalk with such CiTV OF Albany. 285 liiud of pavemeut, excepting and excluding cobble-stones, as shall be set forth in said petition of that portion of Central avenne between the west line of Knox street and the east line of Main avenue, in the city of Albany, or between the west line of Knox street and any point west of the west line of Knox street as designated in said petition, provided that portion of said street or avenue so intended to be improved as aforesaid shall be not less than two tliousaud lineal feet in extent. Said Common Council is authorized to establish a grade for said street and the streets intersecting the same, and provide for the general man- ner of execution of such work, and to take such action as under the charter of said city and the laws relating to the same as shall be proper in the premises, and to direct such work to be done; and it shall be the duty of the Board of Contract and Apportion- ment and the other appropriate boards and authorities and officers in said city to carry the same into execution and effect, after^ said Common Council shall have authorized the performance of the work. But no proceedings shall be taken by said Board of Contract and Apportionment towards the letting of the contract for the performance of any portion of the work and improvement hereinbefore described until after such time when the amount of all bonds issued by the said city of Albany for street improve- ments then outstanding, together with those proposed to be issued under and by virtue of this chapter, shall be less than seven hundred and fifty thousand dollars. Work, how to be done.— Assessment of expense.— Provisions of charter, applicable. § 2. Such work, in the foregoing section provided for, if author- ized by the Common Council, shall be done in all respects in accordance Avith the laws of the State of New York and the laws, ordinances and resolutions of the Common Council of the city of Albany. Whenever such work shall have been completed, the expenses thereof shall be imposed and assessed upon the prop- erty benefited thereby in like manner and form as other assess- ments for -work done in said city are levied and imi)osed, and such assessment, when so made, shall be conclusive evidence of the regularity of all prior proceedings taken and had under the provisions of this act, and shall be and constitute a lien and charge upon the several pieces of land therein described; and the gen- eral provisions of the charter of the city of Albany now existing, or hereafter to be enacted as to the validity of any assessment 286 Laws Relating to the to the extent of any certificate of indebtedness issued in payment thereof, shall be applicable and shall apply to the assessment in this act provided for to the extent of any bonds issued hereunder to pay for the same. Assessments, when due and payable. — Discharge of liens of assessments. — Sale of property for unpaid assessments. § 3. If such petition shall be duly presented to the Common Council and shall be certified by the City Engineer as above pro- vided for, then in such case the assessment for the expense of such work above provided for shall be and become due and pay- able in the manner and at the time and in the proportions fol- lowing, and not otherwise, that is to say, one-tenth part of each such as>sessment, with interest on the whole amount of the entire assessment up to that time remaining unpaid from and after the date of the confirmation of such assessment, at and after a rate to be fixed as hereinafter stated not exceeding, however, five per centum per annum, shall be payable on the first day of Septem- ber following the confirmation of such assessment, and one-tenth part thereof, with like interest on the whole amount of the entire assessment up to that time remaining unpaid from the date at which the last previous pajnnent of interest is provided to be paid, shall be and become due and payable on each succeeding first day of September until the whole of such assessment shall be paid. The owner of any piece of property so assessed may, at any time, pay to the Chamberlain of the city of Albany, the assessment upon his property, with interest at the rate so fixed as aforesaid up to the time of such payment, and thereupon said property shall be discharged from the lien of such assessment. In case any payment so above provided for shall not be made when as above provided for it beaomes due and payable, then such amount shall be collected by a sale of the property assessed, and by such other, if any. proceeding as may be provided for by law for the collection of ordinary assessments in said city. It gliall be the duty of the Chamberlain of the city of Albany imme- diately when any such default shall take place, to pi'oceed, under the provisions of the charter of said city, to advertise the prem- ises assessed for such amount so in default, and to sell the same for the amount due thereon, with interest on such amount from the time of such default, at the rate prescribed by the charter of said city in the case of ordinary city assessments, together with the costs and charges of the notice and sale. The property shall Cttt of Albaixy. 287 be sold subject to all subsequent payments chargeable tliereto under the said assessment, and subject to any other city assess- ments then a lien thereon, and the Chamberlain's certificate and the Chamberlain's declaration of sale shall each be •conclusive evidence of the regularity of all proceedings prior thereto, includ- ing the sale. Improvement bonds to issue. — Sale thereof. — Interest and when payable. — Payment of principal and interest. — Payment to contractors. — Provisions of act, when to apply. § 4. It shall be the duty of the board of finance of the city of Albany, upon the confirmation of any assessment mentioned in section three of this act, to cause to be prepared and executed in the usual form, bonds of said city to be known as Central avenue improvement bonds, and to sell so many of the same as near as may be, as shall produce an amount equal to such assessment, at public auction, at not less than par, after notice of such intended sale shall have been published for ten days, Sundays and legal holidays excepted, in the three city newspapers appointed and authorized to publish city notices in the city of Albany. Such bonds shall bear interest at a rate to be fixed by the board of finance, not exceeding five per centum per annum, and shall be so respectively made payable, that of the principal sum thereby secured to be paid, there shall fall due on each first day of November following each first day of September succeeding the confirmation of the assessment above provided for, bonds repre- senting one-tenth part of the aforesaid assessment to represent which said bonds shall be issued. The principal and Interest upon such bonds shall be paid by the city as they respectively mature, out of the amount collected from the assessment to pay the amount for Avhich the bonds were issued. Should there not be sufficient money in the Chamberlain's hands, collected from such assessment, to pay the bonds or any of them or the interest thereon when they mature, then such bonds or interest shall be paid out of the general debt sinking fund of the city, and in such case any money thereafter collected from the assessment shall be paid into such sinking fund. The proceeds of such bonds shall be applied to the payment of the amount due the contractor and any other expense represented in and covered by such assessment. The provisions of sections three and four of this act shall not be applicable to any work done hereunder, and any assessment for such work shall be collected and paid in all respects as other 288 Laws Relating to the assGiSiSments are now provided to be collected and paid in, under the provisions of the charter of the said city, unless the Common Council shall in the law or ordinance providing for the doing of snch work direct that the provisions of this act as to the loaning of the credit of the city therefor shall be applicable thereto, which provision in the law or ordinance for such work, the owners signing a petition for the doing of said work are authorized to make a condition of said petition taking effect. § 5. This act shall take effect immediately. CHAPTER 397 OF THE LAWS OF 1888. An Act to provide for the improvement of a portion of Lake avenue, in the city of Albany, and the streets intersecting the same, and for the payment of the expense thereof. Approved by the Governor May 26, 1888. Passed, three-fifths being present. IVte People of the State of New York, represented in Senate and Assem- bly, do enact asfolloics: Section 1. Whenever a petition is made to the Common Council of the city of Albany, which petition shall be in the manner and form authorized and required by the charter of the city of Albany, and duly certified by the City Engineer and Surveyor as required by the charter of the city of Albany, for the grading, filling, forming, curbing and paving and repaving the carriage- way and sidewalk with such kind of pavement as shall be set forth in said petition. Lake avenue in the city of Albany from the south side of Madison avenue to the New Scotland plank- road; said Common Council is authorized to establish a grade for such street; and also to provide for the general manner of execu- tion of such work, and to take such action as under the charter of said city and the laws relating to the same shall be proper in the premises, and to direct such work to be done; and it shall be the duty of -the Board of Contract and Apportionment, and the other boards, authorities and officers of said city to carry the same into execution and effect. § 2. Such work, in the foregoing section provided for, if author- ized by the Common Council, shall be done in all respects in accordance with the laws of the State of New York and the laws, ordinances and resolutions of the Common Council of the city of Albany. Whenever such work shall have been completed, the expenses thereof shall be imposed and assessed upon the property City of Albany. 289 benefited thereby in like manner and foim as other assess- ments for work done in said city are laid and imposed, auu such assessment, when so made, shall be conclusive evidence of the regularity of all prior proceedings taken and had under the provisions of this act, and shall be and constitute a lien and charge upon the several pieces of land therein described; and the general provisions of the charter of the city of Albany now exist- ing, or hereafter to be enacted, as to the validity of any assess- ment to the extent of any certificates of indebtedness issued in payment thereof, shall be applicable and shall apply to the assess- ment in this act provided for to the extent of any bonds issued hereunder to pay for the same. § 3. If such petition shall be duly presented to the Common Council and shall be certified by the City Engineer and Surveyor, as above provided for, then in such case the assessment for the expense of such work above provided for shall be and become due and payable in the manner and at the time and in the pro- portions following, and not otherwise, that is to say, one-fifth part of each such assessment, with interest on the whole amount of the entire assessment up to that time remaining unpaid from and after the date of the confirmation of such assessment, at and after the rate of interest specified in the bonds of the city issued under this act, shall be payable on the first day of September following the confirmation of such assessment, and one-fifth part thereof, with like interest on the whole amount of the entire assessment up to that time remaining unpaid from the date of the confirmation of such assessment, shall be and become due and payable on each succeeding finst day of September until the whole of such assessment shall l>e paid. The owner of any piece of propertj' so assessed may, at any time, pay to the Chamberlain of the city of Albany the assessment upon his property, with interest at the rate aforesaid up to the time of such payment, and thereupon said property shall be discharged from the lien of such assessment. In case any payment so above provided for shall not be made when as above provided for it becomes due and payable, and then such amount shall be collected by a sale of the property assessed, and by such other, if any, proceeding as may be provided by law for the collection of ordinary assessments in said city. It shall be the duty of the Chamberlain of the city of Albany immediately when any such default shall take place, to proceed, under the provisions of the charter of said city, to advertise the premises assessed for such amount so in default, 19 290 Laws Rklattng to the and to sell the same for the amount due thereon, with Interest on such amount from the time of such default, at the rate pre- scribed by the charter of said city in the case of ordinary city assessments, together with the costs and charges of the notice and sale. The property shall be sold subject to all subsequent payments chargeable thereto under the said assessment, and sub- ject to any other city assessment then a lien thereon, and the Chamberlain's certificate and the Chamberlain's declaration of sale shall each be conclusive evidence of the regularity of all pro- ceedings prior thereto, including the sale. § 4. It shall be the duty of the Board of Finance of the city of Albany, upon the confirmation of any assessment mentioned in section three of this act, to cause to be prepared and executed in the usual form, bonds of said city to be known as Lake avenue improvement bonds and to sell so many of the same as near as may be, as shall produce an amount equal to such assessment, at public auction, at not less than par, after notice of such intended sale shall have been published for ten days, Sundays and legal holidays excepted, in the three city newspapers appointed and authorized to publish city notices in the city of Albany. Such bonds shall bear interest at (not exceeding) three and one-half per centum, and shall be so respectively made pay- able, that of the principal sum thereby secured to be paid there shall fall due on each first day of November following each first day of September succeeding the confirmation of the assessment above provided for, bonds representing one-fifth part of the afore- said assessment, to represent which said bonds shall be issued. The principal and interest upon such bonds shall be paid by the city, as they respectively mature, out of the amount collected from the assessment to pay the amount of which the bonds were issued. Should there not be sufficient money in the Chamberlain's hands, collected from such assessment, to pay the bonds, or any of them, or the interest thereon, when they mature, then such bonds or interest shall be paid out of the general debt sinking fund of the city, and in such case any money thereafter collected from the assessment shall be paid into such sinking fund. The proceeds of such bonds shall be applied to the payment of the amount due to the contractor and any other expense represented in and covered by such assessment. The provisions of sections three and four of this act shall not be applicable to any work done hereunder, and any assessment for such work shall be col- lected and paid in all respects as other assessments are now col- City of Albany. 291 lected and paid in, under tbe provisions of ttie charter of said city, unless tlie Common Council shall in the law and ordinance providing for the doing of such work direct that the provisions of this act as to the loaning of the -credit of the city therefor shall be applicable thereto, which provision in the law or ordi- nance for such work, the owners signing a petition for the doing of said work are authorized to make a condition of said petition's taking effect. § 5. All drains or culverts hereafter to be constructed, and all gas; water or other pipes hereafter to be laid, relaid„or placed in said streets between the points above designated, shall be constructed and laid under the sidewalks and not under the car- riage-way thereof; and all water, sewer and gas pipes now laid in said streets shall be taken up and relaid under the sidewalk before the carriage-way is paved as herein provided for. The chairman of the Board of Supervisors is hereby authorized to sign the petition mentioned in the first section of this act, for and on behalf of the county of Albany and on account of the land used in connection with the alms-house property on said Lake avenue. § 6. This act shall take effect immediately. CHAPTER 630 OF THE LAWS OF 1894. An Act to provide for the improvement of a portion of Third avenue in the city of Albany and streets intersecting the same, and for the payment of the expenses thereof. Became a law May 10, 1894, with the approval of the Governor. Passed, three-fifths being present. Tlie People of the Sfate of Neio Fork, represented in Senate (ind Assem- bly, do enact as follows: Action of Council as to improvements. — Duty of Board of Con- tract.— Restrictions as to letting of contract. Section 1. Whenever a petition is made to the Common Council of the city of Albany, which petition shall be in the manner and form authorized and required by the charter of the city of Albany, for the grading, filling, forming, curbing, paving and repaving the carriage-way with such kind of pavement, excepting and including cobble-stones, as shall be set forth in said petition, of that portion of Third avenue, between the east line of Elizabeth 292 Laws K elating to the street and the west line of Hawk street, said Common Council is authorized to establish a grade for said street and the streets intersecting the same, and provide for the general manner of execution of such work and to direct such work to be done, and it shall be the duty of the Board of Contract and Apportionment and the other appropriate boards and officers in said city to carry the same into execution and effect after it shall have been authorized by the Common Council to be done. But no proceed- ings shall be taken by said Board of Contract and Apportionment towards the letting of the contract for the performance of any portion of the work and improvement hereinbefore described until after such time when the amount of all bonds issued by the said city of Albany for street improvements then outstand- ing, together with those proposed to be issued under and by virtue of this chapter, shall be less than seven hundred and fifty thousand dollars. Work, how done. — Expense thereof, how assessed. — Lien upon lands. — Provisions of charter applicable. § 2. Such work, in the foregoing section provided for, if author- ized by the Common Council, shall be done in all respects in accordance with the laws of the State of New York and the laws, ordinances and resolutions of the Common Council of the city of Albany. Whenever such work shall have been completed, the expenses thereof shall be imposed and assesised upon the property benefited thereby in like manner and form as other assessments for work done in said city are levied and imposed, and such assessment, when so made, shall be conclusive evidence of the regularity of all prior pro- ceedings taken and had under the provisions of this act, and shall be and constitute a lien and charge upon the several pieces of land therein described; and the gen- eral provifiions of the charter of the city of Albany now existing, or hereafter to be enacted as to the validity of any assessment to the extent of any certificate of indebtedness issued in payment thereof, shall be applicable and shall apply to the assessment in this act provided for to the entent of any bonds issued hereunder to pay for the same. City of Albany. 293 Assessments, when payable. — Payment of entire assessment.— Sale of property for unpaid assessments. — Chamberlain to advertise and sell same. — Manner of sale. § 3. If such petition shall be duly presented to the Common Council and shall be certified by the City Engineer, as above pro- vided for, then in such case the assessment for the expense of such work, above provided for, shall be and become due and payable in the manner and at the time and in the proportions following, and not otherwise, that is to say, one-fifth part of each such assessment, with interest on the whole amount of the entire assessment up to that time remaining unpaid from and after the date of the confirmation of such assessment, at and after a rate to be fixed as hereinafter stated, not exceeding, however, five per centum per annum, shall be payable on the first day of September following the confirmation of such assessment, and one-fifth part thereof, with like interest on the whole amount of the entire assessment, up to that time remaining unpaid from the date at which the last previous payment of interest is provided to be paid, shall be and become due and payable on each succeeding first day of September, until the whole of such assessment shall be paid. The owner of any piece of property so assessed may, at any time, pay to the Chamberlain of the city of Albany, the assessment upon his property, and the interest at the rate so fixed as aforesaid up to the time of such payment, and there- upon said property shall be discharged from the lien of such assessment. In case any payment, so above provided far, shall not be made when as above provided for it becomes due and payable, then such amount shall be collected by a sale of prop- erty assessed and by such other, if any, proceedings as may be provided for by law for the collection of ordinary assessments in said city. It shall be the duty of the Chamberlain of the city of Albany, immediately when any such default shall take place, to proceed, under the provisions of the charter of said city, to advertise the premises assessed for such amount so in default, and to sell the same for the amount due thereon, with intei-est, on such amount from the time of such default, at the rate pre- scribed by the charter of said city in the case of ordinary city assessments, together with the costs and charges of the notice of sale. The property shall be sold, subject to all subsequent payments chargeable thereto under the said assessment, and subject to any other city assessments then a lien thereon, and the 294 Laws Relating to the Chamberlain's certificate and the Chamberlain's declaration of sale shall each be conclusive evidence of the regularity of all proceedings prior thereto, including the sale. Improvement bonds, issue of. — Sale thereof. — Principal, when due and payable. — Payment of bonds and interest. — Appli- cation of proceeds. — Provisions not applicable. — Collection and payment of assessments. § 4. It shall be the duty of the board of finance of the city of Albany, upon the confirmation of any assessment mentioned in section three of this act, to cause to be prepared and executed, in the usual form, bonds of said city, to be known as Third avenue improvement bonds, and to sell so many of the same, aa near as may be, as shall produce an amount equal to such assess- ment, at public auction, at not less than par, after notice of such intended sale shall have been published for ton days, Sundays and legal holidays excepted, in the three city newspapers appointed and authorized to publish city notices in the city of Albany. Such bonds shall bear interest at a rate to be fixed by the board of finance, not exceeding five per centum per annum, and shall be so respectively made payable that of the principal sum thereby secured to be paid there shall fall due on each first day of November following each first day of September succeed- ing the confirmation of the assessment above provided for, bonds representing one-fifth part of the aforesaid assessment, to rop- represent which said bonds shall be Issued. The principal and interest upon such bonds shall be paid by the city as they respectively mature, out of the amount collected from the assess- ment to pay the amount for which the bonds were issued. Should there not be sufticient money in the Chamberlain's hands col- lected from such assessment to pay the bonds, or any of them, or the interest thereon, when they mature, then such bonds or intea-est shall be paid out of the general debt sinking fund of the city, and in such case any money thereafter collected from the assessment shall be paid into such sinking fund. The pro- ceeds of such bonds shall be applied to the payment of the amount due the contractor and any other expense represented in and covered by such assessment. The provisions of sections three and four of tiiis act shall not be applicable to any work done hereunder, and any assessment for such work shall be col- lected and paid in all respects as other assessments are now provided to be collected and paid in under the provisions of the OiTY OF Albany. 295 charter of the said city, unless the Ck)mmon Oouncil shall, In the law or ordinance providing for the doing of such works, direct that the provisions of this act as to the loaning of the credit of the city therefor shall be applicable thereto, which pro- vision in the law or ordinance for such work, the owners sign- ing a petition for the doing of said work are authorized to make a condition of said petition taking effect. § 5. This act shall take effect immediately. CHAPTER 356 OF THE LAWS OP 1874. An Act in relation to the redemption of real estate sold for the non-payment of assessments in the city of Albany. Passed May 7, 1874; three-fifths being present. Ttie PeopU of the State of New York, represented in Senate and Assem- bly, do enact as follows: Sale for assessment not to affect mortgage lien. Section 1. No sale for real estate hereafter made for the non- payment of any assessmeut in the city of Albany shall destroy or in any manner affect the lien of any mortgage thereon duly recorded, except as hereinafter provided. Purchaser to give mortgagee notice. § 2. It shall be the duty of the purchaser at such sale to give the mortgagee a written notice of such sale, requiring him to pay the amount of the purchase-money, with interest at the rate allowed by law thereon, within six months after the giving of such notice. If payment be made sale to be of no effect. § 3. If such payment shall be made, the sale shall be of no further effect, and the mortgagee shall have a lien on the prem- ises for the amount paid, with the interest which may thereafter accrue thereon, at the rate of seven per cent per annum, in like manner as if the same had been included in his mortgage. Effect of non-pajrment. § 4. In case the mortgagee shall fail to make such payment within the time so limited, he shall not be entitled to any benefit of section one of this act. 296 Laws Relating to the Terms mortgagee and purchaser defined. § 5. The term mortgagee, as used in this act, sliall be constiiied to include assignees whose assignment shall be duly recorded, and personal representatives; and the term purchajser shall be construed to include assignees, and real and personal representa- tives, as the case may be. Notice, hovr given. § G. The notice re(iuired by section two of this act may be given either personally or in the manner required by law in respect to notices of non-acceptance or non-payment of notes or bills of exchange, and a notarial certificate thereof shall be pre- sumptive evidence of the fact; such certificate may be recorded in the clerk's office of the county of Albany, in the same manner and with the same effect as is by law prescribed in respect to deeds or other evidences of title to real estate. Notice, duty of purchasers as to. § 7. In all cases of lands hereafter to be sold for arrears of assessments, in said city of Albany, it shall be the duty of the purchaser, or of the person claiming under him, to give the owner or occupant tlie notice required by section two of this act. § 8. This act shall take effect immediately. CHAPTER 345 OP THE LAWS OF 1883. An Act to legalize and confirm upon certain conditions the assess- ments contained in the assessment-rolls of the respective wards in the -city of Albany for the years eighteen hundred and seventy-six, eighteen hundred and seventy-seven and eighteen hundred and seventy-eight. Passed April 30, 1883; three-fifths being- present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Assessment-rolls legalized. Section 1. The assessments contained in the assessment-rolls of the respective wards of the city of Albany for the years eighteen hundred and seventy-six, eighteen hundred and seventy-seven and eighteen hundred and seventy-eight, and which are now on file in the office of the Receiver of Taxes of the city, are hereby in all things legalized and confirmed, subject to the rights of the City of A leant. 297 shareholders or their personal representatives in National or State banks which were located iu said city during those years, and the assessments against whom, by reason of their ownership of such shares, were collected by process of law, to claim a deduc- tion from or cancellation of such assessments as provided for in the next section. Notice of review of assessments to be published. § 2. Within ten days after the passage of this act, the Assessors of the city of Albany shall publish a notice subscribed by them, in the official papers of the city, daily, Sundays and holidays excepted, for three weeks, notifying all of such above described shareholders that at the office of such Assessors in the city of Albany for three weeks subsequent to the last day of the publica- tion of such notice, Sundays and holidays excepted, the Assossoi-s will be in attendance and will hoar any application that may be made to them for the purpose of deducting from the assessments aforesaid any amount which such shareholder or his personal representative would have been entitled to deduct under the law as it existed in the year when the assessment was placed in the roll, had such application then been made. Shareholders may apply to have assessment reduced or can- celed. § 3. During the time above named any of such above described shareholders assessed in any of such rolls, or any one represent- ing them, may appear before such assessors and make application to have a reduction or cancellation of such assessment upon any ground which would have been a legal ground at the time when such assessment was placed in the roll, and upon the facts as they existed at the time when such assessment was placed in such roll. The Asseasons shall have power to administer an oath to the applicant, and after an examination of him upon the material facts of such application, shall grant to him such dedU'Ction from or cancellation of the assessment in question as he would have been legally entitled to upon the facts as they existed at the time when the assessment to reduce or cancel which the application is made was placed in the roll. Certificate to be made and signed by Assessors. § 4. After the expiration of the time for hearing applications the Assessors, or a majority of them, shall sign a certificate stating 298 Laws Ji elating to the the name of the shareholder or his personal representative, who Is entitled to a deduction from the amount contained in the assess- ment-roll, and the amount of such deduction and the amount of the interest thereon from the fifteenth day of December of the year to Avhich the deduction applies up to the first day of Febru- ary, eighteen hundred and eighty-four, and the certificate shall be made up in duplicate, and one of them sent to the Board of Supervisors of the county at its fall session in eighteen hundred and eighty-three, and the other to the County Treasurer. Board of Supervisors to add amount named in certificate to tax levy. § 5. The Board of Supervisors shall at such session add to the amount to be raised by tax for county purposes the total amount named in such certificate for the principal and interest of such deduction therein named, and such sum shall be levied, assessed and collected in the same way as other taxes for county purposes and paid to the County Treasurer with other county funds. Payment by County Treasurer. § G. The County Treasurer, upon receipt of the moneys raised by tax, shall pay to the parties named in such certificate sent him by the Assessors the amount therein specified as due such persons. § 7. This act shall take effect immediately. CHAPTER 386 OF THE LAWS OF 1887. An Act to legalize and confirm the affidavits contained In the assessment-rolls of the respective wards of the city of Albany from the year eighteen hundred and seventy-two to the year eighteen hundred and eighty-five, both inclusive. Passed May 19, 1887; three-fifths being present; without the approval of the Governor. Tlie People of the State of New York, represented in Senate and Assembly, do enact as foUoivs: Section 1. The affidavits contained in the assessmenit-rollis of the respective wards of the city of Albany from the year eighteen hundred and seventy-two to the year eighteen hundred and eighty-five, both years Inclusive, and which are now on file in the office of the Receiver of Taxes of the city are hereby in all things legalized and confirmed. But none of the provisions of this CiTT OF Albany. ^99 act shall apply to any action or proceeding commenced before January first, eighteen hundred and eighty-seven. § 2. This act shall take effect immediately. CHAPTER 341 OF THE LAWS OF 1883. An Act to provide for the taxation of certain shareholders in the National Albany Exchange Bank. Passed April 30, 1883; three-fifths being present. Preamble. Whereas, Certain shareholders in the National Albany Exchange Bank, who are hereinafter named, were, in the years eighteen hundred and seventy-six, eighteen hundred and seventy -seven and eighteen hundred and seventy-eight, assessed in the Sixth Ward in the city of Albany upon their shares of stock owned in said National Albany Exchange Bank, which was, during such times, a banking association, incoriwrated under the laws of the United States, and doing business in the city of Albany; and Whereas, By reason of such assessments which were assumed by the authorities of the city of Albany to have been good and valid assessments, the said stockholders hereinafter named were taxed by reason of their ownership of such shares, in amounts set forth in the assessment-rolls, for each of said years, for the Sixth Ward of the city of Albany, which are now on file in the office of Receiver of Taxes of said city, and are there of record; and Whereas, By reason of such alleged assessment and taxation the various amounts set forth in such rolls against the names of the said stockholders were collected by warrant by the Marshal of the city of Albany, in the spring of each of the years eighteen hundred and seventy-seven, eighteen hundred and seventy-eight and eighteen hundred and seventy-nine, and the amount thus col- lected was paid into the treasury of the county of Albany by the said Marshal, and was received by the Treasurer of such county at such times, and disbursed by him in the manner provided for by law; and Whereas, An action was commenced in tbe United States Cir- cuit Court for the northern district of New Yrok by an assignee of many of such shareholders to recover from the county of Albany the taxes paid by such shareholders during such years aforesaid, which action was based among other grounds upon the alleged invalidity of such assessments, because of the alleged 300 Laws Relating 20 the absence of any valid act providing for the taxation of share- lioldei-s in national banks, and the Supreme Coui't of the United States has decided that the act of the Legislature of this State, passed in eighteen hundred and sixty-six, and claimed by the plaintiff in the action aforesaid to be wholly void, was not wholly void, but served as a basis for a possible legal and valid assess- ment upon the owners of shares in national banks in the State of New York; and Whereas, Since the time when the taxes were collected another suit has been instituted by such shareholders or their assignee to recover back the amounts thus paid or collected for the taxes of eighteen hundred and seventy-six, eighteen hundred and seventy-seven and eighteen hundred and seventy-eight, into the treasury of the county of Albany, with interest thereon from the time of such payment, and which suit will be grounded upon the allegation, among others, that the assessment upon such bank shares was not made in the roll provided for that purpose until after the first of September in each year, and upon the fur- ther alleged ground that the oaths provided by law to be taken by the Assessors, and to be attached to the assessment- rolls, did not comply with the law; and Whereas, The same form of oath was attached to all the assess- ment-rolls for the city of Albany in the years aforesaid, and all the taxes provided for in each of said rolls were paid or col- lected under the same form of oath as is complained of by the shareholders above referred to, and the same kind of an assess- ment was made against the shareholders in all the banks, both State and National, located in the city of Albany, during the years aforesaid, and the amounts assessed against such share- holders were voluntarily paid by all other shareholders in all the other banks, with the exception of the shareholders in said National Albany Exchange Bank; and Whereas, The assessments complained of are alleged to have been void on the grounds already stated, among others, and the grounds of such illegality would apply in the one case to all other holders of bank shares in banks located in the city of Albany, and in the other to all the taxpayers of the city of Albany contained in said rolls; and Whereas, It would be equitable and improper to permit the shareholders of the National Albany Exchange Bank, during the years mentioned above, in case of a recovery of the amounts here- tofore paid by them into the county treasury on account of taxes, City of Albany. 301 to thus wholly escape taxation by reason of the ownership of shares of the bank aforesaid, during the years aforesaid; now, therefore, Tke People of the State of New York, represented in] Senate and Assembly, do enact as follows: Assessors to levy and assess shareholders. — Amounts. — Assess- ments to be separately made. Section 1. The Assessors of the city of Albany, on or before the first day of September, eighteen hundred and eighty-three, are hereby directed to levy and assess upon such of those persons and corporations who were shareholders in the National Albany Exchange Bank on the first day of September, eighteen hundred and seventy-six, and also upon such of those pei-sons and coi-pora- tions who were shareholders in said bank on the first day of Sep- tember, eighteen hundi-ed and seventy-seven, and also upon such of those persons and corporations who were shareholdei-s in said bank on the first day of September, eighteen hundred and seventy- eight (the names of such various shareholders in said years herein intended to be included and to be taxed, being hereinafter specially set forth), the sum of nine thousand and twenty-four dollars and sixty-six cents, with interest from the third day of May, eighteen hundred and seventy-seven, to September first, eighteen hundred and eighty-three, upon those persons who were shareholders In said bank on the first day of September, eighteen hundred and seventy-six, as hereinafter stated; and the sum of eight thousand six hundred and ninety-four dollars and fifty-four cents, with interest from the seventeenth day of April, eighteen hundred and seventy-eight, to September first, eighteen hundred and eighty- three, uiKjn those persons who were shareholders in said bank on the first day of September, eighteen hundred and seventy-seven, ae hereinafter stated; and the sum of seventy thousand seven hun- dred and sixteen dollars and twenty-two cents, with interest from the twenty-second day of April, eighteen hundred and seventy-nine, to September first, eighteen hundred and eighty-three, upon those who were shareholders in said bank on the first day of September, eighteen hundred and seventy-eight, as hereinafter stated. Such assessments shall be separately made for each of such years, and shall be made pro rata upon the different shareholders in propor- tion to the number of shares held by each as such number appear on the assessment-rolls in the Sixth Ward of Albany for the years in question, now on file and of record in the office of the Receiver 302 Laws Relating to tuk of Taxes of said city. The assessments shall be made by such Assessors upon the assessment-roll of the Sixth Ward in the city of Albany, for the year eighteen hundred and eighty-three, that being the ward and city where the said bank is located and was located m the years above mentioned. The Assessors, in making the assessments above provided for, shall be subject to all the pro- visions, so far as applicable, of the general provisions of the law relating to assessments in and for the city of Albany. Review of assessm^ent, notice of. § 2. In addition to the provisions of law applicable to the city of Albany, providing for the publication of notice for reviewing the annual assessment for purposes of general taxation, the Assessors shall add to the general notice for the year eighteen hundred and eighty-three, a statement that as to all who were shareholders in the said National Albany Exchange Bank on tlie first day of Sep- tember, eighteen hundred and seventy-six, and also as to all who were such shareholders on the fii-st day of September, eighteen hundred and seventy-seven, and also as to all who were such shareholders on the first day of September, eighteen hundred and seventy-eight (the names of all of the shareholders herein intended to be taxed for each of said years, being hereinafter named), an opportunity will be given them during the time mentioned in such notice for the general review of assessments, for them to appear and show any legal cause why the assessment should be reduced or canceled. Shareholders may appear and show cause for reducing or can- celing assessment. — Willful false swearing perjury. § 3. During such time as is stated in the last section, any of such shareholders shall have the right to appear before the Assess- ors and show any legal cause or ground for reducing or canceling the assessment, and it shall be reduced or canceled accordingly. And in making such assessment upon the shareholdei-s for each year aforesaid, there shall be allowed all the deductions in regard to each year aforesaid which were in such year allowed by law in assessing other taxable personal property owned by individual citizens of this State, and upon any claim for reduction on account of indebtedness, which indebtedness must have existed on the first day of September, eighteen hundred and seventy-six, or eighteen htmdred and seventy-seven, or eighteen hundred and seventy-eight, as the case may be, upon which the reduction is asked, the share- City of Albany. 303 holder may state that he was indebted on such day or days, and upon proof of such fact upon oath, and of the amount of such indebtedness, at such times, to the satisfaction of the Assessors, and that the amount of deduction applied for had not already been allowed him on any assessment heretofore made against him for taxable personal property in that year, the Assessors shall deduct the amount of such indebtedness from the said assess- ment. The Assessors may administer oaths for the purposes of euch examination. Willful false swearing upon any material mat- ter upon such investigation before said Assessors shall be deemed perjury. After such hearing or opportunity for such hearing has been had, and the time for review has expired, the Assessors shall finally complete the assessment, but no amount of tax tJiat has been reduced or canceled in the case of any shareholder shall be added to the amount of the tax upon any other shareholder, but the amount of the tax to be levied and collected shall be thereby and to that amount and in that manner reduced in the case of such shareholder. Proceedings to collect tax not to be taken till judgment is docketed or judgment-roll filed. § 4. No proceedings shall be taken in any manner to collect from any of such shareholders any portion of the amount of any tax levied upon them or either of them, under and by virtue of the provisions of this act, until a judgment shall be docketed or judg- ment-roll filed in some court of record of this State or of the United States, In an action in favor of such shareholders or their assignees or personal representatives, providing for the recovery from or through the county of Albany, or its Board of Supervisors, of the amounts of the tax levied and collected from the said share- holders herein mentioned, or any of them, for the taxes of any of the j-ears eighteen hundred and seventy-six and eighteen hun- dred and seventy-seven and eighteen hundred and seventy-eight aforesaid. And in case any claim of any shareholder hereinafter named shall in such judgment be finally held groundless, and no recovery therein allowed, then no proceedings shall ever be taken to enforce the collection of any tax against such share- holders herein levied for the year in which, by such judgment, such claim to recover back the tax heretofore paid shall be finally held groundless. In case of proceedings to review any such judg- ment as is above mentioned, no proceedings shall be taken to enforce the collection of any tax herein provided to be levied until 304 Laws Rklatino to the the final decision on sucli proceedings, and until tlie judgment sliall finally provide for such payment as aforesaid. Warrant to collect tax, when to issue. § 5. When it shall finally be determined by the judgment afore- said, as is provided for in the last section, the Receiver of Taxes of the city of Albany shall issue liis warrant to the Marshal of the city, commanding him to collect from each of the shareholders therein named the amount therein specified as due from each, with interest thereon at and after the rate of six per centum from January first, eighteen hundred and eighty-four. The shareholders named shall bo those and only those whose names are mentioned herein, and whose claims to recover have been allowed in and by such judgment; and the amounts named in the warrant shall in no case exceed the amount assessed against sucli sliareholder by the Assessors, with interest as aforesaid, nor the amount of the claim and interest as allowed in such judgment. Warrant, how executed. § 6. The said Marshal, immediately uiwn the warrant being placed in his hands, shall proceed to execute it, and to that end shall give public notice, in each of the oflBcial papers in the city, for three successive days, stating that such warrant has been placed in his hands for collection, and that the amounts therein specified can be paid to him at the office of the Receiver of Taxes, during the business hours of the oflBce, for ten days after the final publication of such notice, Sundays and holidays excepted. Such notice shall contain the names of the stockliolders contained in said warrant, and the amounts due from each. A copy of such notice, shall, before the expiration of the period of publication, be served upon some officer of the bank aforesaid, at its banking- house in the city of Albany. From the time of the service of such notice on an officer of the bank as above mentioned, a lien shall exist upon every share of stock in said bank owned by any shareholder named in the said warrant, and if transferred after the service of such notice, the transfer shall be subject to such lien. Duty of officers of bank to retain amount necessary to pay tax from dividends. § 7. For the purpose of collecting the tax provided for in this act, and in addition to any other power which the Marshal has City of Albany. 305 under and by virtue of the provisions of law to enforce the col- lection of taxes in the city of Albany, which powers are hereby conferred upon such Marshal, it shall be the duty of the officer of the bank aforesaid to retain so much of the dividend or divi- dends belonging to such shareholder, as shall be necessary to pay the amount of the tax herein provided for. until it shall be made to appear to such officer or officers that such tax has been paid. Amounts collected, how disposed of. § 8. The amounts collected by the Marshal shall, from time to time, and as fast ViS collected, be paid by him to the County Treasurer; and such Marshal shall have the right to retain, as his compensation for the special services provided for in this act, the sum of five per cent ui>on all sums collected and paid over to said Treasurer. The said Marshal shall, at the expiration of sixty days from the time of his receipt of the warrant from the Receiver of Taxes, file the same, with a certificate or statement of his action thereunder, in the office of the Count}- Treasurer of the county of Albany, where it shall remain as of record. County Treasurer has power to collect tax remaining unpaid after return of tax warrant. § 9. If any tax remain unpaid wlion the Marshal files the war- rant in the office of the County Treasurer, the said County Treas- urer shall then have power to collect the .same by action in any court of competent jurisdiction, or by proving the same against the estate of any deceased shareholder, the same as if the tax were a just debt due and owing by the shareholder to the said Treas- urer. Such action shall be commenced in the name of the County Treasui-er with tlie addition of his name of office, and upon expi- raition of term, removal or other vacancy, the action shall be con- tinued in the name of his successor, as of course, and upon an order of the court duly made. Collection in case shareholder has died. § 10. In case of the death of any .shareholder mentioned in this act, after the levy and before tlie collection of such tax, and in case the same is not voluntarily paid by the representatives of his estate after such tax has become due and payable, the Marehal, in addition to all other powers, may seize upon any personal prop- erty belonging to the testator or intestate in his lifetime, which he may find in the count}' of Albany, and sell the same in the 20 306 Laws Relating to the sauio manner, and upon the same notice as property is sold in the city of Albany upon executions issued upon judgments of the Juytices' Court in and for said city; and the County Treasurer shall have, in cases of non-payment of such taxes, all the powers as against the personal representatives of such deceased share- holder, as are given him in and by section nine of this act with relation to the cases of shareholders still living. Sums collected to be credited county. § 11. All sums raised by virtue of the provisions of this act shall, when received by the County Treasurer, be credited to the county of Albany, and shall be applied toward the payment of the various contLngent expenses legally chargeable to the county of Albany. Names of shareholders. § 12. The following are the names of the shareholders in the said bank on the first day of Septeml>er, eighteen hundred and seventy-six, to whom the provisions of this act are intended to apply: Mary E. Allen, William J. Blackall, Martha P. Butler, Thomas B. Cole, Theodore F. Cornell, estate William Dickson, Milo R. Eames, Azuba (t. Fairohild, Sarah M. Gai'dner, Thomas TT. Greer, Sylvester Hale, Sarah A. Lansing, ■Mary L. G. Lewis, William M. McElroy, estate of James McNaughton, Mary Patrick, Henry C. Peck, estate Amos Pilsbury (C. P. Williams and A. V. De Witt, executors), Robert C. Pruyn, Adam Shields, Lemon Thompson, James C. Visscher, John L. Voorhees, George P. Wil- son, estate of Abram Wing, estate of C. W. Bender, Anson H. Blakeman, Nicholas Clapper, Thomas Comstock, Ann Darling, Edward A. Durant, Hester S. Emerson, Daniel H. Gardner, Wil- liam Gould, Thos. H. Greer, ex-estate of Ebenezer Hill, Carolina M. Lathrop, Shiboleth B. McCoy, John McElroy, Lansing Merchant, Spencer L. B. Peck, Samuel L. Peck, Agnes Pruyn, Eliza F. Spoor, Francis Vail, Thomas E. Van Loon, Clement Warren, Abraham F. Wilson, Henry H. Bulkley, William M. Bender, estate of Gould Blakeman, Amelia A. Cobb, Commerce Insurance Company, Sarah Dey Ermand, Gideon D. Fames, John T. Foote, Charlotte Gardner, Sarah M. Gould, estate of John Gould, Harriet Hilton, Charles B. Lansing, James McElroy, Peter Mouteath, Henry T. Mesick, Nancy L. Peck, Myron R. C. Peck, John V. L. Pruyn, James Roy, William G. Thomas, Catharine Van Schaack, Edward Visscher, estate of John T, Wendover, Josiah B. Williams, Chauncey P. Williams, City of Albany. 307 Ibid. § 13. The following are the uames of the shareholders in the said bank on the first day of September, eighteen hundivd and seventy-seven, to whom the provisions of this act are intended to apply: Mary E. Allen, estate of C. W. Bender, William M. Bender, William J. Bla'ckall, Anson II. Blakeman, estate of Gould Blake- man, Martha P.Butler, Nicholas Clapper, Amelia A.Cobb, Thomas B. Cole, Thomas Comstock, Commerce Insurance Company, Theo- dore F. Cornell, Mary A. Darling, Sarah Dey Ermand, estate of William Dickson, Edward A. Durant, Gideon D. Eames, Milo R. Eames, Hester S. Emerson, John T. Foote, Azuba G. Fairchild, Daniel H. Gardner, Charlotte Gardner, Sarah M. Gardner, William Gould, Sarah M. Gould, Thos. H. Greer, Thos. H. Greer, executor, estate of John Gould, William Gould, Jr., Sylvester Hale, estate of Ebenezer Ilill, Harriet Hilton, Sarah A. Lansing, Carolina M. Lathrop, Charles B. Lansing, Mary L. G. Lewis, Shiboleth B. McCoy, James McElroy, William McElroy, Peter Monteath, estate of James McXaughton, estate of Peter McXaughton, Lansing Mer- chant, Henrj- T. Mosick, Mary Patrick, Spencer S. B. Peck, Henry C. Peck, Samuel S. Peck, Myron R. C. Peck, estate of Amos Pils- bury (C. P. Williams and A. V. De Witt, executors), John V. L. Pruyn. Robert C. Pruyn, Agnes Pruyn, James Roy, Adam Shields, Eliza F. Spoor. William G. Thomas, I^mon Thompson, Francis Vale, Catharine Van Schaack, James C. Visscher, executor, Thomas E. Van Loon, Edward Visscher, John L. Voorhees, Mrs. N. L. Van Alstyne, Richard Van Rensselaer, Richard Van Rens- selaer, administrator. Richard Van Rensselaer, executor, Clement Warren, S. H. Wendover, George P. AVilson, Abraham F. Wilson, Josiah B. AVilliams, estate of Abraham Wing, Chauncey P. Williams. Ibid. § 14. The following are the names of the shareholders in the said bank on the first day of September, eighteen hundred and seventy-eight, to whom the provisions of this act are intended to apply: Mary E. Allen, Mrs. Maria Bender, William M. Bender, William J. Blackall, Anson H. Blakeman, estate of Gould Blake- man, Martha P. Butler, Sarah A. Clapper, Amelia A. Cobb, Thomas B. Cole. Phoebe Comstock, Commerce Insurance Com- pany, Theodore T. Cornell, Ann Darling, Sarah Dey Ermand, estate of William Dickson, Edward A. Durant. Milo E. Eames, Milo R. Eames, Hester S. Emerson, Azuba G. Fairchild, Daniel H. 308 Laws Relating to this Gardner, Charlotte Gardner, Sarah M. Gardner, William Gould, Sarah M. Gould, Thomas H. Greer, Thomas H. Greer, executor, estate of John Gould, William Gould, Jr., Sylvester Hale, Oscar L. Hascy, estate of Ebenezer Hill, Harriet Hilton, Sarah A. Lan- sing, Carolina M. Lathrop, Charles B. Lansing, Mary L. G. Lewis, Shiboleth B. McCoy, James McElroy, William McElroy, Peter Monteath, estate of James McNaughton, Henry P. McNaughton, Lansing Merchant, Henry T. INIesick, Jessie McN. Miller, Mary Patrick, Spencer L. B. Peck, Henry C. Peck, Samuel S. Peck, Myron R. C. Peck, estate of Amos Pilsbury (C. P. Williams and A. V. De Witt, executors), estate of John V. L. Pruyn, Robert C. Pniyn, Agnes Pruyn, estate of James Roy, Adam Shields, Eliza F. Spoor, William G. Thomas, Lemon Thompson, Francis Vail, Catharine Van Schaack, James C. Visischer, executor, Thomas E. Van Loon, Edward Visscher, John L. Voorhees, Mrs. N. L. Van Alstyne, Richard Van Rensselaer, Richard Van Rensselaer, admin- istrator, Richard Van Rensselaer, executor, Clement Warren, S. H. Wendover, George P. Wilson, Abraham F. Wilson, Josiah B. Williams, estate of Abraham Wing. Jennie McN. Wright, Chauncey P. Williams. Assessment suflacient if shareholder has since died, provided personal service of notice is made on executor or admin- istrator. § 15. In cases where the original assessment was made in the name of a shareholder who has since that time died, the assess- ment herein levied is sufficient if still under his name, provided personal service of the notice mentioned in section two of this act, with a statement, signed by the Assessors, that the demand is made upon him as executor or administrator of the deceased shareholder, shall be made on such executor or administrator, within or without the State, at least ten days prior to the time of meeting of the Assessors. And in cases where the original assess- ment was against the estate of a shareholder, the assessment herein in the same way is sufficient as against the executor or administrator of such deceased shareholder. In all cases no per- sonal claim shall or can be made against such executors or admin- istrators who shall only be liable to pay from any funds belonging to the estate of the deceased shareholders in their hands, and who shall retain enough for that purpose, but if, before the pas- sage of this act, the estate shall have been distributed and settled then no further proceedings shall be taken to collect the amount of any tax hereby levied against a deceased shareholder. City of Albany. 309 Proceedings may be reviewed by certiorari, etc. § 16. The shareholders assessed under the provisions of this act shall have the same right and opportunity of reviewing by cer- tiorari or other legal proceedings the decisions of the Assessors that other persons assessed upon the assessment-rolls of said city may by law be entitled to. § 17. This act shall take effect immediately. CHAPTER 139 OF THE LAWS OF 1870. An Act to annex parts of the towns of Bethlehem and Water- vliet, in the county of Albany, to the city of Albany, and to exempt such parts thereof from certain taxes, and to annex a part of the city of Albany to the town of Watervliet. Passed April 6, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact asfolloics: Part of Bethlehem annexed to Albany.— Part of Watervliet annexed to Albany. Section 1. All that part of the town of Bethlt'liem, in the county of Albany, embraced within the following described limits, shall be and is hereby annexed to and made part of the city of Albany, to wit: Beginning at tlie north-westerly corner of the east abutment of the Albany and Susquehanna railroad bridge, over the Albany and Bethlehem turnpike, and running thence north-westerly paral- lel with the present south bounds of the city of Albany, to a point ten chains west of the west line of the Delaware turnpike; thence north-easterly at right angles with the last-named line to a point three-fourths of one mile from the present south bounds of the city of Albany, measured at right angles with the city line; thence north-westerly and parallel with the present south bounds of the city to a point two chains west of the west range of Allen street produced; thence north-easterly three-fourths of one mile to a point in the south bounds of the city of Albany two chains west of the west line of Allen street; thence south-easterly along the present south bounds of the city of Albany to the Rensselaer county line; thence southerly along the Rensselaer county line two hundred and sixty-four feet; thence north-westerly to the face of the dock on the south side of the Island creek; thence north- 310 Laws Relating to the westerly along the face of said dock to a point opposite the west range of Green street; thence westerly and southerly along tlie east low-water line of the Island creek to a point in range of the first boundary line produced south-easterly to the Island creek; thence noilh-westerly along said line to the north-westerly corner of the east abutment of the Albany and Susquehanna railroad bridge, the place of beginning. Also, all that part of the town of Watervliet, in the county of Albany, embraced within the following described limits, shall be and is hereby annexed to and made part of the city of Albany, to wit: Beginning at a point in the present north boundary line of the city of Albany, three-fourths of one mile west of the west range of Allen street, as laid down on the city map, running thence north-easterly on a line at right angles with the present north line of the city of Albany one chain north of low- water line of the main channel of Patroon's creek; thence running easterly and parallel with the general course of said creek, and one chain northerly therefrom to a point six thousand seven hundred and twenty feet ■ from tlie center of the " Russell road," measured along the center line of the New York Central railroad; thence north-easterly on a line drawn at right angles with the present north bounds of the city to a point one and one-fourth miles from the said city line; thence south-easterly and on a line parallel with the present north bounds of the city, and at the distance of one and one-fourth miles thei-efrom, to a point three thousand three hundred and twenty feet westerly of the west line of the Watervliet turnpike and railroad; thence north-easterly on a line parallel with said Watervliet turnpike and railroad one thousand six hundred feet; thence south-easterly on a line drawn at right angles with the said Watervliet turnpike and railroad to the Rensselaer county line; thence southerly along the Rensselaer county line to the northerly line of the present bounds of the city of Albany, and thence along the same westerly to the place of beginning. Rate of tax for fifteen years in parts of towns annexed to the city. — Not liable for taxes heretofore imposed. § 2. For a period of fifteen years, next ensuing the passage of this act. the taxes levied upon real estate situate within the por- tions of the towns of Bethlehem and Watervliet described in the preceding section of this act, and hereby annexed to the city of Albany, and in the city of Albany west of Allen street, and upon City of Albany. 31 1 the personal estates of persons resident in said portion of said towns and city, shall be one per centum less than the taxes levied on other taxable real and personal estate in the city of Albany. But the districts of the country now comprising parts of the towns of Bethlehem and Watervliet, and mentioned in section one of this act, and the inhabitants residing therein, shall not be liable for any taxes, assessments and charges heretofore assessed, levied or imposed upon the city of Albany; nor shall such districts or its inhabitants be liable to assessments or taxation for the reim- bursement of any debt heretofore contracted by the city of Albany; nor shall the farming lands lying within said districts, and used exclusively as such, be assessed at a valuation greater than the assessed valuation of similar farming lands in the town adjoining; but nothing lierein contained shall operate as an exemption of said districts of country from any taxes or assessments now imposed or levied on said districts of country as portions of the present towns of Bethlehem and Watervliet. (As amended by chapter 402, Laws of 1877, and chapter 333, Laws of 1880.) Taxation in old city limits. § 3. The rate of taxation in the original limits of the city of Albany, east of Allen street, shall be uniform except as herein provided. Taxation for streets, docks, etc., in part of new city territory. — Petitions for exercise of jurisdiction. § 4. All the district composed of that portion of the city of Albany which lies between the present south bounds of the towns of Watervliet and the north side of North Ferry street, the eastern bounds of the said city and the Erie canal, and that portion of the town of Watervliet described in section one of this act, lying between the present north bounds of said city and the north bounds thereof as extended by this act, the Erie canal and the eastern bounds of said city extended as aforesaid, shall not be subject to the jurisdiction or authority of the government of the city of Albany, for the making and laying out of any streets, highways, drains, sewers and docks therein, nor for any purposes connected with the highways, streets, drains, sewers and docks thereof, unless a petition of two-thirds in number of the owners and two-thirds in number of the occupants of real estate in said district, representing at least one-half in value of property in said district, according to the last previous assessment for the purposes 312 Laws E elating to the of taxation, shall be presented to the Common Council of said city, prayinj? for the exercise of such jurisdiction and authority; but in case such petition shall be made and presented as afore- said, the Common Council and government of eaid city may exer- cise jurisdiction and authority in respect to the matters prayed for in such petition, in the same manner and with like effect as they are by law authorized to act in other cases of like nature. And in case such jurisdiction and authority shall be assumed within six months after the presentation of such petition as afore- said, tlie said jurisdiction and authority of said city as aforesaid shall become pennaneut and continue in said city. Rights of inhabitants of annexed territory. § 5. The freeholders and inhabitants of the territory hereby annexed to the city of Albany shall enjoy all the rights, fran- chises, privileges and immunities which are granted by the charter of said city of Albany, and the several acts amending the same, now in force; and the freeholdei*s and inhabitants of the said city and the territory so annexed shall, to every intent and purpose provided for by the said charter and the said acts aforesaid, be subject to the control, government and regulation of the govern- ment of said city, except as hereinbefore provided. Territory added to town of Guilderland. — Laws applicable thereto. §6. All that part of the city of Albany lying north-west of a line drawn from a point in the south line of the city of Albany where the northerly line of the Great Western turnpike crosses the said city line, and running north-easterly at right angles AVith the said city line to the north bounds of said city, shall be and the same is set off from the city of Albany, and by this act the town of Watervliet, and annexed to and made part of the town of Guilderland, in Albany county, and all laws now in force appli- cable to the said town of Guilderland are hereby made applicable to that portion of said city hereby annexed to said town of Guilderland. (As amended by chapter 727, Laws of 1871.) Assembly districts not to be altered. § 7. The Assembly districts of the county of Albany shall be and remain, until changed or altered by law, as they were before the passage of this act, and nothing herein contained shall be City of A lb a. \ v. 813 taken as intended to make any change or alteration in the limits of said districts. § 8. All acts or parts of acts inconsistent with any of the pro- visions of this act are hereby repealed. § 9. This act shall take effect immediately. CHAPTER 394 OF THE LAWS OF 1892. An Act to provide for the removal of the present bridge and approaches thereto in Water sti-eet over the Erie canal in the city of Albany, and to provide for the construction of a lift or hoist bridge or bridges in its stead, and to provide for the assess- ment of the expenses thereof upon property benefited thereby. Approved by the Governor April 30, 1892. Passed, three-fiffhs being present. The People of the State of New York, reprcse/ited in Senate and Assembly, do enact as follows: Section 1. The Superintendent of Public Works is hereby author- ized to remove the present canal bridge and approaches thereto in Water street over the Erie canal in the city of Albany, and to provide for the construction of a lift or hoist bridge or bridges over said canal at that point, and for the necessary approaches thereto, at an expense not to exceed the sum of twelve thousand dollars. Such bridge or bridges to be constructed ui>on plans and specifications to be drawn up and prepared by the State Engineer and Surveyor, immediately after the passage of this act. who shall obtain bids or estimates of the cost at which such bridge or brid.u;es can be constructed, and shall, if the said bridge or bridges, together with tlie work necessary for the construction of the approaches and other work incidental thereto, can be done for the sum of twelve thousand dollars, report the same to the Board of Contract and Apportionment of the city of Albany, which board shall thereupon forthwith make an assessment or apportionment of the expense of such work upon the property benefited thereby, and the same shall be collected and enforced in the same manner as other assessments levied or imposed under the authority of the said city, and whenever such assessment shall have been col- lected by payment by the parties assessed, the Chamberlain shall report such fact to the Superintendent of Public Works, who shall thereupon proceed to carry into execution the plans and specifica- tions drawn up and prepared as above provided for by the State 314 Laws RELATiya to the Engineer and Surveyor, and when such work iShall be completed, the Superintendent of Public Works shall certify to the Board of Contract and Apportionment of the city of Albany the cost of said work; whenever such certificate shall be filed with the Board of Contract and Apportionment, the Chamberlain of the city of Albany shall pay to the Superintendent of Public Works the amount specified in said, certificates. The said new bridge shall, on completion, be operated under the direction of the Superintend- ent of Public Works, but at the expense of the city of Albany, and the Street Commissioner is hereby directed to pay the operat- ing expenses thereof. § 2. This act shall take effect immediately. CHAPTER 590 OF THE LAWS OF 1894. An Act to provide for the repayment of moneys to the Chamber- lain of the city of Albany, heretofore paid to the Superintendent of Public Works, for the construction of a lift or hoist bridge on Water street, over the Erie canal, in the city of Albany, and the repayment of the same by the said city. Became a law May 9, 1S94, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as foliates: Repayment to City Chamberlain. — Appropriations. Section 1. There shall be paid by the Treasurer, on the warrant of the Comptroller, to the Chamberlain of the city of Albany, the sum of six thousand dollars, being one-half the amount hereto- fore paid by said Chamberlain to the Superintendent of Public Works for the removal of the old bridge and approaches thereto in Water street, over the Erie canal, in the city of Albany, and for the construction of the present lift or hoist bridge in said street over said canal, and said sum is hereby appropriated for that purpose and shall be paid from the general fund. Repayment by city to persons assessed, etc. — Releases to city. § 2. The Chamberlain of the city of Albany, on receipt of said sum of six thousand dollars, shall repay to the persons or cor- porations assessed for the work mentioned in section one, the amounts which the said persons or corporations which have been paid the assessment for the work mentioned in section one of this City of Albany. ^}2^) a-ct or who have purchased property sold imder such assessment to each or to the heirs, successors, legal representatives or assigns of each, one-half of such assessment imposed upon each lot, the assessment on which has been paid or which has been sold for the assessment, provided that each party so paid shall release the said city of Albany from all claims or liability in respect to such assessment. §3. This act shall take cfft'ct iiuniiMliately. 316 Laws Relating lo 'ihe Title II, EELATING TO TIJE BOARD OF HEALTH. CHAPTER 297 OF THE LAWS OF 1885. An Act for tlu" proservatioii of the public health and the registra- tion of vital statistics in the city of Albany. Passed May 21, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly/, do enact as follows: Board of Health to be appointed. — Term of office — Health Officer. Section 1. It shall be the duty of the Common Council of the city of Albany, upon the nomination of the Mayor of said city, to appoint a Board of Health for such city, to consist of six per- sons who are not members of said council (one of whom, at least, will be a competent physician), who shall be nominated and appointed as follows: Two persons for a term of one year; two persons for a term of two years, and two persons for a term of three years. The Mayor of such city shall be a member ex officio of such Board of Health, and Shall be president thereof. The said Board of Health, when duly organized, shall appoint a com- petent physician (not a member of such board), who shall be Health Officer for such city. Upon the expiration of the term of office of any member of the Board of Health appointed as herein provided, his successor shall be nominated and appointed in like manner for the term of three years; and the said Mayor and Common Council shall also have power to fill any vacancy caused in such Board of Health by the death, resignation or removal from the city of any member thereof. This section shall not be construed to remove the existing Board of Health in said city, but the successors of such board shall be appointed as in this section provided. City of Albany. 317 Powers and duties. § 2. The said Board of Health as now organized and hereafter to be organized in said city t^hall liave power and it shall be its duty: ! 1. To meet at least monthly. 2. To prescribi' the powers and dnties of the loeal health officer to be apix)inted by them, and to direct him from time to time in the performance of his duties, and to fix the compensation he shall receive. Infectious diseases. 3. To guard again.st the introduction of contagious and infec- tious disease, by the exercise of proper and vigilant medical inspec- tion and control of all persons and things arriving in said city from infected places, or which, for any cause, are liable to com- municate contagion; to require the isolation of all persons or things infected A^ith or exposed to i'ontagious or infectious diseases, and to provide suitable places for the reception of the same; to prohibit and prevent all intercourse and communication with or \ise of infected premises, places and things; and to require, and, if neces- sary, to provide the means for the thorough purification and cleansing of the same before general intercourse therewith, or use thereof, shall be allowed. To provide at stated intervals a suitable supply of vaccine vims; and, during the existence of an actual epidemic of small-pox, said local Board of Health shall obtain fresh supplies of said virus at intervals not exceeding one week, and shall at all times provide thorough and safe vaccina- tion for all persons within its jurisdiction who may need the same. Nuisances. 4. To receive and examine into the nature of complaints made by any of the inhabitants concerning nuisances, or causes of danger or injury to life or health within the limits of its jurisdic- tion; to enter upon or within any place or premises wliere nuis- ances or conditions dangerous to life and healtli arc known or believed to exist, and by appointed members or persons to inspect and examine the same; and all owners, agents and occupants shall permit such sanitarj' examinations; and said Board of Health shall furnish .said owners, agents and occupants a written state- ment of results or conclusions of such examinations; and said 318 Laws Relating 'lo the Board of Health shall have power, and it shall be its duty, to order the suppression and removal of nuisances and conditions detrimental to life and health found to exist within the limits of its jurisdiction. Registration of births, marriages and deaths. 5. To supervise and make complete the filing and registration of all births, marriages and deaths occurring within the limits of its jurisdiction in accordance with the methods and forms to be pre- scribed by it. Said Board of Health shall designate the persons who shall grant burial pennits for the burial of the dead, and transmit permits for the transportation of the dead bodies of per- sons which are to be carried for burial beyond the Limits of the county where the death occurs. And the said Board of Health shall prescribe sanitary regulations for burials and removals of the dead. Any person neglecting or refusing to make out or file for registration any record as aforesaid, or as provided for by the ordinances of said Board of Health, and any person causing, per- mitting or assisting in the burial oi- removal of any dead body, unaccompanied by a permit for sucli burial or removal, and any officer who shall neglect or refuse to register and preserve the said recoivls sliall be deemed guilty of a misdemeanor, and may bo prosecuted in any court of competent jurisdiction. Orders and regulations. 6. To make, and from time to time publish, in such manner as to secure early and full publicity thereto, all such orders and regu- lations as they shall think necessary and proper for the preserva tion of life and health, and the successful operation of this law; and to make, without publication thereof, such orders and regula- tions in special or individual cases, not of general application, as they may see fit concei'ning the suppression and removal of nuis- ances, and concerning all other matters in their judgment detri- mental to public health, and to serve copies thereof upon any occupant or occupants and the owmer or owners of any premises Avhereon any such nuisances or other matters aforesaid shall exist, or to post the same in some conspicuous place on such premises. Warrants for apprehension of offenders. 7. To apply, through its health officer or any authorized com- mittee, for warrants to any magistrate or police justice in said City of Albany. 3J^9 city to apprehend and remove sueli persons as cannot otherwise be subjected to the orders and regulations by them adopted; all which warrants shall be forthwith executed by the officers to whom they shall be directed, who shall possess the like powers and be subject to the like duties in the execution thereof, as if the same had been duly issued out of any court of fecord in this State. Necessary employes. 8. To employ all isuch persons as shall be necessary to enable them to carry into effect the orders and regulations they shall hare adopted and the powers vested in them by this act, and to fix their compensation. Penalties. 9. To impose penalties for the violation of, or non-compliance wiUi. their orders and regulations, and to maintain actions in any court of competent jurisdiction to collect such penalties, not exceed- ing one hundred dollars in any one case, or to restrain by injunc- tion such violations, or otherwise to enfoit-e such orders and regulations. Willful violation of rules, orders, etc.— Expenses may be recov- ered by action.— Notice of pendency of action.— Lien on premises. § 3. Every person wlio shall willfully violate or refuse to obey any order or regulation made and pul)iished by said Board of Health of .said city, or served or posted as by this act provided, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined or imprisoned or both fined and imprisoned, in the dis- cretion of tiie court, such fine not to exceed one thousand dollars and such imprisonment not to exceed six months. In case any order or regulation made by the Board of Health shall have been duly served upon the occupant or o-wner or any one of several occupants or owners of any premises, or, if there be no occupant in actual iw.ssession, or the land be vacant and the owner be unknown ajid cannot be found, such order or regulation shall have been duly posted in some conspicuous place upon said premises, and the said order or regulation shall not be complied with within the time in said order or regulation specified for compliance there- with, the said Board of Health, its ofiicers, servants, agents and employes are authorized to enter into and upon the premises to which the said order or regulation applies and suppress, remove 320 Laws Relating to the or otherwise abate the nuisance, or other matter or thing men- tioned in sa'id order or regulation, whit-h, in tlie .iudgment of said board, is detrimental to the public health, and any other nuisance, matter or tiling found in or upon said premises, which, in the judgment of said board, is detrimental to the public health, and to incur all expense proper, suitable and necessary for such pur- pose. Such expenses so incurred shall be assessed, fixed and determined by said Board of Health in each case, and may be recovered by said board in an action brought iu the name of the city of Albany against the owner or any one or more of the owners of the premises upon or in relation to which such expense was incurred. The said Board of Health may, at any time before the expiration of one month froiii the time that such expense has been Incurred and the Avork of suppression, removal or abatement has been fully completed, tile in the Albany County Clerk's office a notice which shall be recorded in the book therein containing notices of pendency of action in said office, and entered in the indices of such notices. Said notice shall state that a claim, speci- fying the amount thereof, exists in favor of the city of Albany against the owner (specifying his name, if known) of the prem- ises therein described, and also against tlu> premises therein described, that such claim arose because of work done or mate- rials furnished, or both, at a time or between certain times In said notice to bo specified, and pursuant to an order or regulation of the Board of Health of the city of Albany. The said notice shall be subscribed by the secretary or president of said board. The amount in said notice specified shall be and constitute a first lien upon the premises therein described, and may be collected by an action brought in the name of tlie city of Albany for the foreclosure of said lien and the sale of the premises in said notice described, conducted in all respects in accordance with the rules and practice of the Supreme Court in an action for the foreclosure of a mortgage, provided that no action shall be maintained for the foreclosure of such lien unless it be brought within six months after the filing of said notice. The proof of service of the order or regulation of the Board of Health may be made in the same manner as proof of service of a summons in the Supreme Court. General expenses a city charge. § 4. All expenses incurred by the said Board of Health in the execution and performance of the duties imposed by this act shall be a charge on said city, and shall be audited, levied, collected and City of Albany. 32 I paid in the same manner as other city charges are audited, levied, collected and paid. Acts named not to apply to city. § 5. Chapter one hundred and fifty-two of the Laws of eighteen hundred and forty-seven, chapter three hundred and twenty-four of the LaMs of eighteen hundred and fifty, and the several acts amendatory thereof and supplementary thereto, shall not apply to the city of Albany. CHAPTER 399 OF THE LAWS OF 1888. An Act to secure the registration of plumbers and tlie supervision of the plumbing and drainage and ventilation of buildings in the ■city of Albany. Approved by the Governor May 26, 1888. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follorrs: Registration of plumbers with Board of Health. Section 1. On or before the first day of July, eighteen hundred and eighty-eight, every master plumber carrj'ing on his trade in the city of Albany, shall, under such rules and regulations as the Board of Health of the said city shall prescribe, register his name and address at the office of the Board of Health; and after the said date it shall not be lawful for any person to carry on the trade of plumbing in said city unless his name and address be registered as above provided. Registered list, how published. § 2. A list of the registered plumbei'S of the city of Albany shall be published in the same manner in the public papers as other publications made by the said city, at least once in each year. Drainage and plumbing, how executed. — Drawings and descrip- tions, how fi.led. § 3. The draining and plumbing and ventilation of all buildings, both public and private, hereafter erected in the city of Albany, shall be executed in accordance with plans previously approved in writing by the said Board of Health. Suitable drawings and descriptions of the said plumbing and drainage and means for 21 322 Laws Relatijsig to the ventilation sliall in each case be submlttod and placed on file in the office of the Board of Health. The said Board of Health is also authorized to receive and place on tile drawings and descrip- tions of the plumbing and drainage of buildings erected prior to the passage of this act. Appropriation to carry act into effect. § 4. And there shall be added to the annual appropriation of moneys for the maintenance of the Board of Health of the city of Albany, the sum of one thousand dollars, or as much more, not to exceed the sum of three thousand dollars, as may be in the judgment of the said Board of Health necessary for the can-ying out of the provisions of this act. Courts, may restrain violations hereof, by injunction. § 5. Any court of record in said city, or any judge or justice thereof, shall have power at any time after the service of notice of the violation of any provisions of this act, and upon the affi- davit of one of the Commissioneiis of Health or of the Health Officer of said city, to resti-ain, by injunction order, the further progress of any violation named in this act, or of any work upon or about the building or premises upon Avhich the said violation exists; and no undertaking shall be required as a condition to the granting or issuing of such injunction, or by reason thereof. Violating act a misdemeanor. § 6. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor. § 7. This act shall take effect immediately. (iHArTER 763 OF THE LAWS OF 1894. An Act to authorize the city of Albany to boiTow money and issue bonds for the purchase or building of a garbage crematory for the use of said city. Became a law May 23, 1894, with the approval of the Governor. Passed, three-fifths being- present. The People of the Htaie of New York, i-epresenfed in Senate and Assembly, do enact asfolows: Section 1. Whenever the Board of Health of the city of Albany shall consider it necessary for the preservation of the public health of said city, said board is authorized and empowered to formulate City of A lb Ayr. 323 plans for the collection and disix>*al of the garbage, or house offal, dead animals, night-soil and all kinds of refuse of the city of Albany, and to enter into suitable contracts, to be let in the man- ner prescribed by law, by the Board of Contract and Apportion- ment, for the collection of the garbage and other refuse, and for the operation of works for the destruction or reduction of the same, or for the purchase of suitable land and the erection of suitable buildings for the <^reniating or chemical treatment of the garbage and other refuse, in the manner that shall be, in the judgment of said Board of Health, for the best interests of said city. Said conti-acts may. if deemed advisable by said Board of Contract and Apportionment, be let for periods longer than two years, notwithstanding any provision of law heretofore passed to the contrary. (As amended by chapter 848, Laws of 189.5, sec. 1.) § 2. It shall be the duty of the Board of Finance of the city of Albany to borrow, on the faith and credit of the city of Albany, such sum or sums of money as shall be required to pay the expenditures herein authorized to be made by the said Board of Health for the purchase of land and the erection of buildings for garbage disposal, and to issue the Iwnds of said city therefor. which bonds shall be signed by the Mayor and Chamberlain, and shall be made, registered and payable in the city of Albany. They shall not exceed thirty thousand dollars in amount, and shall bear interest at a rate to be fixed by the board of finance, not. however, to exceed five per cent per annum, payable semi- yearly; and upon the request of said Board of Health they shall be negotiated by said Mayor and board of finance, as hereinafter provided, and the money received therefi-om shall be deposited with the Chamberlain of said city, who shall keep a separate account thereof, and shall pay therefrom under the order of said Board of Health, or a majority of said board, such sums as shall be required by the expenditures for the purchase of land and for the erection of buildings for garbage dL^sposal. The negotia- tion of such bonds shall be by selling the same by the said Cham- berlain to the highest bidder at public auction, at not less than par, giving at least ten days' previous notice of the time and place of sale, by publication in the city papers designated for the pub- lication of city proceedings. Such lK)nany penitentiary, for not less than one year and not exceeding two years, or by a fine of not less than two hundred and fifty dollars, for any person, without justifiable or excusable -cause, to use, or incite any other person to use, per- sonal violence upon any elector upon any election day in said city of Albany, or upon any raeml)er of the police force thereof at any time when in the discharge of his duty, or for any such member willfully to neglect making .'>ny arrest for an offense against the laws of this State or any ordinance in force in any part of said city of AlKiny, or for any person not a member of said police force falsely to represent himself as being .such a member, with a fraudulent design upon persoiLs or property. Complaint books. — Books of record. — Keturns and minutes to be bound. § 29. The said l>oard sliall caiLse to be kept general complaint books, in which shall be entered any complaint of a police nature preferred upon a personal knowledge of the circumstances thereof, with the name and residence of the complainant; they shall also 336 Laws Relating to the cause to be kept books of registration of lost, missing and stolen property, for the general coavenience of the public and for the information of said police force. The said board shall cause to be kept books of record of said police department, wherein shall be entered the name of every member of said polit-e force, with the time and place of his nativity, the place where and the time when (if born out of the United Slates) he became a citizen of the United States; his ago upon becomingsuch member and his former occupation, the number of his family and the residence thereof, and the date of his appointment and of his resignation of, or withdrawal or dismissal from, said force, with the cause of the latter, and against all such entries sufticient space shall be left wherein to make record of any especial arrests made from time to time by such member, or of any especial service deemed merito- rious by the board, done by him. Such books shall be, at all busi- ness hours, and when not in actual use, open to public inspection. The said board shall also cause to be kept and bound all police returns and reports from any member of said force, and all minutes of the proceedings of said board; which returns, reports and minutes shall be open for public inspection only in the discretion of said board. Warrant of appointm^ent. §30. Every member of said force shall have issued to him, by said board, a proper warrant of apix)intment signed by the presi- dent of said board and counttrsigned by the secretary, wliich warrant shall contain the date of his appointment and his rank. OflB.cial bonds and oaths. § 31. The said board shall m.ake suitable provisions respectiug security to be given by the Chief of Police and other officers of said force for the faithful performance of their respective duties. Each member of the police force shall subs>cribe an oath of office, in the constitutional form, m a book kept for that puri^ose, and shall take said oath before one of the Commissioners of Police, each of whom, is hereby authorized to administer such oath and to -cei-tify the taking thereof. Details for elections. § 32. It shall be the duty of said board to detail, on the day of any election in said city of Albany, at least two patrolmen to each electior. poll, and to provide ballot boxes for use at any and all City of Albam'. 337 such elections, and to provide for the custody of said boxes at all times excepi during the taking, receiving and counting of the votes. Said city of .Albany tshall pay the expense of procuring and taking care of its boxes. Order at polls. § 33. It shall be the duty of said board to prevent any booth or box for the distribution of tickets at any election from being erected or maintained within one hundred and fifty feet of any polling place within said city, and to see that the arrangements for voting are such as to prevent any avoidable crowdhig of voters at such polls, and that the challengers of both and all parties have fair and equal room, rights and privileges for the discharge of their duties at each poll; and that the canvassing of the votes be conducted in an orderly, fair, open and public man- ner; and no person or officer shall have power to interfere with said board in their discharge of the duties imposed on them by this section. Service of criminal process. g 34. All criminal process for any offense committed within said city, issuing out of any court, oi from any justice, judge or justice of the peace within said county, shall be served by a member of said police force. Expenses and fees. — Traveling expenses, how paid. — Annual tax therefor. — Annual statement. § 35. The necessary expenses incurred in tlio execution of crimi- nal process within said city shall be a chai'ge against the city. No feies or compensation whatever, other than as herein provided, sJiall be charged or received by any officer or member of the said police force, for the arrest, confinement or discharge of any per- son, or for mileage and travel, or for serving any waiTant, sub- poena or process, or for discharging any other duty required by this act, nor shall any such fee or compensation be charged or received by any officer or citizen for the arrest of any i>erson charged with crime, or for the service of any warrant, subpoena or other process in any criminal case, except as herein provided. The actual, necessary and reasonable traveling expenses, which shall include board as well as transportation, incurred by any officer or member of the said police force, or by any other officer or citizen who may have been selected to execute any process 22 338 Laws Relating to the issued within the said city of Albany, incurred by any such officer or member of the police force, or other officer or person in execut- ing any such process or discharging any duty required of him by the District Attorney of the county of Albany, or by any police justice, justice of the peace, judge of a court of record or criminal court, held within said city, for any offense arising within said city, shall be audited and allowed by the said Board of Commis- sioners, and paid by the Chambei'lain of the said city of Albany. But such charges shall only be allowed upon the affidavit of the person making them, and shall not include any items for traveling expenses, in cases wherein transportation has been furnished to the party gratuitously, and without pay by him, under :n'hatever cir- cumstances such free transportation may have been given. The Board of Supervisors of the county of Albany shall annually cause to be raised by tax, in the manner provided by law for assessing, levying and collecting the State and county taxes, within and for said county, the sum of two thousand dollars to pay in part the expenses incurred by said police force in the service of all criminal process issuing from the District Attorney, or any police justice of the city of Albany, and a sum sufficient to pay the cost, charges and expenses for police services rendered by any member of the said police force, or by said Police Board, in the execution of criminal process, in cases now chargeable to said county; the same to be assessed, levied and collected upon, and from the city in the same manner, ratio and proportion as the accounts of deputy sheriffs and constables of said county are now charged, assessed, levied and collected; the amount thereof to be paid to the Chamberlain of the city of Albany, to be applied toward the genei-al expenses of said police force; and it shall be the duty of the said Board of Police to furnish annually to the Board of Supervisors of said county an accurate statement of all the moneys paid out by said board under the requirements of this section during the preceding year, and the amount so raised shall be paid over by the County Treasurer of said county to the Cham- berlain of said city of Albany. Common Council to provide station-houses. § 36. It is hereby declared to be the duty of the Common Council of the city of Albany to provide, at the expense of said city, within each police precinct of said city, all necessary accommodations for the station-houses required by said Board of Police for the accom- City of Albany. 339 modatiou of the police force of such pre'Cincts, aud for the lodging of vagrants and disorderly persons, and for the temporary deten- tion of persons arrested for offenses. In case said Common Council neglect or refuse, for sixty days after having been thereto hi writing requested by said board, to provide such accommoda- tions or station-houses which, in the opinion of said board, are suitable, or to put such station-houses in due repair, then said board may make their own provisions therefor, whether by con- tracts of hiring or i-epairing proper premises; and the expenses thereof shall be a proper expense of and charge against the said city of Albany. Provided in case there shall be at any time a sufK<;ient surplus arising from unexpended moneys raised for the annual support of the police department, but not used necessary for that purpose, it shall be lawful for said board to apply the same without the consent of the Common Council to the purchase of a lot and the erection of a building tliereon to be used as a station-house in any of the police precincts of said city. Tax for support of force. § 37. The Board of Supervisors of the county of Albany shall, annually, on the requisition of the said Police Board, cause to be raised by tax, in the manner provided by law for assessing, levy- ing and collecting the general taxes of said city of Albany, the sum necessary to defray the expenses of the police force organ- ized by this act. Such sum, when collected, shall be paid over by the Receiver of Taxes of said city to the Chamberlain thereof, by whom the disliursenient thereof shall be made as herein pro- vided, in accordance with the rules and regulations of the said board. Salaries of Secretary, Chief of Police, officers, etc.— Detective staff. — Grades of patrolmen. — Salaries of patrolmen. — Mem- bers of veteran grade. § 38. The one of said Commissioners who shall be elected Secre- tary of the board, shall receive an annual salary of five hundred dollars; the Chief of Police shall receive an annual salary of three thousand dollars and the salary of the clerk shall be fixed by the Board of Commissioners; each captain of the police shall receive an annual salary of not over one thousand two hundred dollars; each sergeant one thousand dollars aud each patrolman of the police force shall receive an annual salary of not over nine hun- 340 Laws li elating to the dred dollars to be regulated as horcinaftor set forth, and each station-house keeper shall receive an annual salary of not over six hundred dollars, and the surgeon of police shall receive an annual salary of not over five hundred dollars. Each patrolman detailed on the detective staff of said police force may be paid in addition to his annual salary, as herein provided, an additional compensation of not exceeding three hundred dollars annually to be fixed and determined by the said Police Commissioners, based upon the length of service and ability of each detective and to be paid to said detectives so detailed in proportional monthly sums in the same manner as provided in this act for the payment of their salaries. The grade of the members of the police force who are patrolmen shall be as follows: All such members who shall have served three years or upwards on sacn force as patrolmen shall be members of the first grade; all such members who shall have served for less than three years and more than one year on such force shall be members of the second grade, and all other members of the police force who are pati'ol- men shall on their appointment become members of the third grade. There shall also be established a veteran grade, which shall consist of such members of the police force of the rank of patrolmen as shall have become from age or other causes incapable of severe or prolonged physical exertion. The annual salary of patrolmen of the first grade shall be nine hundred dol- lars, of patrolmen of the second grade eight hundred dollars, of the thii'd grade seven hundred dollars and of the veteran grade six hundred dollars. All of said salaries shall be paid monthly by the Chamberlain of said city, to each person entitled thereto, in modes to bo prescribed by the rules and regulations of the board, subject to such deductions each month from the salai-y or pay of the members of said police force as the board shall make to satisfy fines imposed on any member of said force by way of discipline or punishment and as prescribed by the rules and regu- lations of said board. The members of the veteran grade shall be assigned to the performance of such duties as shall not require great physical exertion or endurance, and nothing in this act contained shall pi'event the assignment of members of the present police force to such grade, whenever in the judgment of the Board of Police Commissioners the efficiency of the police force will be promoted by such change. CAs amended by chapter 298, Laws of 1885, sec. 5; chapter '143, Laws of 1886, sec. 1, and by chapter 99, Laws of 1892, sec. 6.) City of Albany. 341 Rewards and presents. § 39. The Board of Police, for meritorious and extraordinary ser- vices rendered by any member of the police force in the due dis- charge of his duty, may permit any member of the police force to retain, for his own benefit, any reward or present tendered him therefor; and it shall be cause of removal from said force for any member thereof to receive any such reward or present with- out giving notice thereof to the board. Upon receiving such notice the said board may either order said member to retain the same or pay it over to the Chamberlain of said city. Fines, fees, etc., payable to Chamberlain. § 40. All fines imposed by the board upon members of the police force by way of discipline, and collectible from pay or salary, and all rewards, fees, proceeds of gifts and emoluments that may be paid and given for account of extraordinary services of any member of the police force (except when allowed to be retained by such member), and all moneys remaining for the space of one year in the hands of the property clerk, arising from the sale of unclaimed goods, and all proceeds of suits for penalties under this act, shall be paid over to the Chamberlain of said city oi Albany. Property Clerk, duties of. § 41. All property or money alleged or supposed to have been feloniously obtained, or which shall be lost or abandoned, and which shall thereafter be taken into the custody of any member of said police force or of any criminal court in the city of Albany, or which shall conio into the custody of any police justice within said city of Albany, shall be by such member or justice, or by order of said court, given into the custody of, and be kept by, the property clerk of said city; and all such property and money shall be particularly registered by said pi'operty clerk, in a book kept for that purpose, which shall contain also a record of the names of the persons from whom such property or money was taken, the names of the claimants thereof, the time of the seizure, and any final disposition of such property or money. Detained property, how delivered. 1. Whenever pniporty or nionoy shall be taken from persons arrested, and shall be alleged to have been feloniously obtained, 342 Laws ReIjATing to the or to be the proceeds of crime, and whenever brought with the claimant thereof and the person arrested before some magistrate for adjudication, and the magistrate shall be then and there satisfied from evidence that the person arrested is innocent of the ofifense alleged, and that the property rightfully belongs to such person, then said magistrate may thereupon, in writing, order such property or money to be returned to such person, and the property clerk (if he have it) to deliver such property or money to the accused person himself, and not to any attorney, agent or clerk of such accused person. 2. If any claim to the ownership of such property or money shall be made, on oath before the magistrate, by or on behalf of any other person than the person so arrested, and the said accused person shall be held for trial or examination, such prop- erty or money shall remain in the custody of the property clerk until the discharge or conviction of the person accused. How disposed of. 3. All property or money taken on suspicion of having been feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person from whom the same was taken, and all lost property coming into the possession of any member of said police force and all property and money taken from pawnbrokers as the proceeds of crime, or by any such member taken from persons supposed to be insane, intoxicated, or otherwise incapable of taking care of themselves, shall, as soon as practicable, be transmitted to the property clerk of said police force, to be duly registered and advertised for the benefit of all persons and parties interested, and for the information of the public as to the amount and disposition of the property so taken into custody by the police. When to be advertised and sold. 4. All property and money that shall remain in the custody of the property clerk for the period of six months without any law- ful claimant thereto, after having been three times advertised in the three official neswpapers of said city, shall be disposed of as follows: Such property shall be sold at public auction, accord- ing to the tenor of such advertising, and the proceeds of such sale shall be paid over to the Chamberlain of said city of Albany. CiTT OF Albany. 343 How used as evidence. 5. If any propertj- or money placed in the custody of the property clerk shall be desired as evidence in any police or other criminal court, such property shall be delivered to any officer who shall present an order to that effect from such court. Such property shall, however, not be retained in said court, but shall be returned to said property clerk to be disposed of as herein- before provided. City ordinances to be enforced. § 42. Said board of police shall at all times cause the ordinances of the city of Albany, not in conflict with the provisions of this act, to be properly enforced; and it shall be the duty of said board at all times when consistent with the rules and regulations of the board and with the requirements of this act, to furnish all information desired. OflBcers for District Attorney, how appointed. — Oaths of officers. Their powers. — Expenses and salaries. — Expenses, how paid. § 43. The District Attorney of the county of Albany shall have the power to appoint two persons to discharge the business per- taining to his office. The appointments shall be in writing under the hand and seal of the District Attorney and shall be filed in the Clerk's office of Albany county, and such appointments shall continue during the pleasure of the District Attorney. The per- sons thus appointed shall, before they enter upon the discharge of their duties, take an oath well and faithfully to perform such duties to the best 6t their ability, which oaths shall be taken before the Clerk of Albany count y, or his deputy, and the same shall be filed in the Clerk's office. The persons thus appointed shall be under the direction and control of the District Attorney. They shall have all the powers granted to a sergeant of police under this act, and shall have power and it is hereby made their duty, to serve all criminal or other process, and all bench war- rants and other papers, in any and all parts of the State, which may be issued by the said District Attorney. Any member of the police force hereby created shall also have power to serve any of the above-mentioned papers or process, or warrants, when issued by such District Attorney. The officers whose appointment is provided for in this section shall each receive a salarv of 344 Laws Relating to the twelve hundred dollars annually, which salary shall be paid in the same manner, and at the same time, as the salaries of the police force hereby created. Eacli of such above mentioned per- sons shall be allowed his necessary and actual traveling expenses, necessarily and actually incurred while traveling on official busi- ness under the direction of the District Attorney. The amount of such expenses shall be sworn, by the person incurring them, to have been actually and necessarily incurred while traveling on official business under the direction of the District Attorney, who shall also certify to the facts of such direction. The amount of such traveling expenses, when thus certified and sworn to, shall be paid, upon presentation of the bill therefor, in the same man- ner as the salaries of such persons. On or before the first iNIon- day of December next the Chamberlain of the city of Albany sliall report to the Board of Supervisors the amount of such salaries and expenses paid under the provisions of tliis section, which sum shall be audited by the board and paid by the County Treasurer to the said Chamberlain of the city of Albany, and such sum thus paid shall be a county charge. And also on or before said first Monday of December next, and thereafter annually, the said Chamberlain shall report to the said Board of Supervisors the amount that will probably be necessary to be paid for such salaries and expenses during the then coming year, which amount shall then be levied and assessed and collected in the same man- ner as other county charges, and shall be paid by the County Treasurer to the Chamberlain of the city of Albany. The amounts thus paid to the Chamberlain shall not be used or appropriated by him for any other purpose whatever than the payment of such salaries and expenses. The Chamberlain shall keep a .iust and full account of all moneys paid to and expended by him under the provisions of this section, and shall keep vouchers. Repeal of former laws. — Capital police force, how long to con- tinue. § 44. All statutes, parts of statutes, ordinances and provisions of law inconsistent with the provisions of this act are hereby repealed, together with all modes, qualifications, appointments to office as members of the police department, or of election to office therein, inconsistent with the provisions of this act, so far as these statutes relate to the city of Albany. And the police force of said city of Albany, under whatever name the same may ue City of Albany. 345 now known or called, is hereby abolished, except as herein other- wise provided. But the members of the present capital police within the city of Albany shall continue to do duty under the laws existing before the passage of this act until the said Board of Police Commissioners hereby created shall cause a notice of its organization to be served upon the resident Capital Police Commissioner and Advisory Commissioner of said city of Albany, and upon each officer and member of the police force of said city, by delivering to or leaving with, or at the residence of such, a copy of the same; after which time the office and duties of all persons not serving or receiving their appointment as members or officers of the police force of the city of Albany under and in pursuance of the provisions of this act shall absolutely cease and terminate. For all moneys paid out by him, and at the time above specified, in each year, he shall make a full report to the Board of Supei-A'isors of the amount received and expended by him under the provisions of this section, giving items and dates, and when called upon, producing vouchers therefor. The accounts of the Chamberlain, under this section, shall also be open to inspection by the Board of Supervisors or a committee thereof. Assembly districts not to be changed. § 45. The assembly districts of the county of Albany shall be and remain, until changed or altered by law, as they were before the passage of this act, and nothing herein contained shall be taken as intended to make any change or alteration in the limits of said districts. TITLE XIII. Repealed. § 1. All acts and parts of acts inconsistent and in conflict with this act are hereby repealed, but such repeal shall not affect any legal proceedings commenced under such conflicting acts. § 2. This act shall take effect immediately. SrxTioN -I. < iivPTKii 20S. Laws OF IS-."). Police Board to appoint patrolmen to act at Police Court. — Powers. — Traveling expenses. § 3. The said Police Board shall appoint and designate, from time to time, with power at all times of revocation and further 346 Laws E elating to the appointment, not to exceed four patrolmen to attend the police court of the city of Albany, wlio sliall have all the powers respec- tively granted by law to a sergeant of police, and who shall have power and it is hereby made their duty, to serve all criminal and other process, and all warrants and other papers, in any and all parts of the State, that may be issued by said Police Court or the justices thereof, or either of them. Any member of the police force of tlie police district to which the city of Albany shall per- tain, shall also have power to serve any of the above-mentioned papers or process or warrant, wlien issued by said Police Court or the justices thereof, or either of them; the necessary and actual traveling expenses, necessarily and actally incurred while travel- ing on official business, under the direction of said Police Court or said police' justices, or either of tlieiii, or Chief of Police, shall be sworn to by the persou incurring them to have been actually and necessarily incurred while traveling on official business, as afore- said; said expenses, when audited and alloAved by said Police Board, shall be paid in the same manner as the salaries of said persons. CHAPTER 278 OF THE LAWS OF 1872. An Act making further provisions as to the Police Department of the city of Albany. Passed April 18, 1872; three-fifths being present. The People of the State of New Fork, represented in Senate and Assembly, do enact as follows: Mayor to be President of Board. Section 1. The Mayor of the city of Albany shall be, ex officio, a Police Commissioner of said city, witli like powers as the other eommissiouors, and he shall l)e I'res'dent of the Board of Police Commissioners. Police Commissioners may be removed by Common Council for cause. § 2. Any of the Police Commissioners may be removed by a reso- lution of the Common Council of said city, if two-thirds of all the members elected to said Common Council concur therein; but no removal shall be made by virtue of this section unless the cause thereof shall be entered on the minutes of the board, and unless City of Albaxy. 347 the party complained of shall have been served with a copy of the charges against him, and shall have had an opportunity of being heard on the question of removal. The yeas and nays shall be entered on the minutes. Vacancies, how filled. § 3. [Repealed by chapter 99, Laws of 1892, § 7.] (The remaiiiini; provision of thi.< act was repealed by chapier 29H, Laws of 1(<85.) CHAPTER 299 OF THE LAWS OF 1885. An Act to establish a Puli trustees of the Police Pens'on Fund! a writeii .statt'iiu-iit of the causes whicli determined thoni in ordering any pension to so cease, and nothing herein contained shall reiidor the granting or payment of such pension obligatory on the Board of I'olicc, or upon the trustees of the Police I'cusion Fund, or chargeable as a matter of right upon said I'olice I'en- sion Fund, except as provided in tlie last preceding section. Only to be granted on surgeon's certificate. § 6. No member of the police force shall be awarded, granted or paid a pension on account of physical or mental disability or disease, unless upon the certificate of the surgeon of the Police Department, AA'hich shall set forth the cause, nature and extent of the disability, disease or injury of each member of the police force wiio may be placed upon the pension-roll, and said certifi- cate shall distinctly state whether or not such disability, disease or injury was incurred or sustained by said member of the police force in the performance of police duty, and such certificate shall in each case be filed Avith and entered upon the minutes of the Board of Police. § 7. This act shall take effect immediately. CHAPTER 772. An Act in relation to tlie Police Justices of the city of Albany. Accepted by the city. Became a law May 27, 1895, with the approval of the Governor. Passed, three-fifths being present. The Peoj)le of tlie State of Neic York, represented in Senate and Assembly, do enact as folloics : Section 1. The term of office of the Police Justices of the city of Albany, elected in the year eighteen hundred and ninety-four, is hereby abridged so as to expire on the last day of December, eighteen hundred and ninety-seven. The term of office of the Police Jtistice of the city of Albany, elected in the year eighteen hundred and ninety-two, is hereby abridged so as to expire on the last day of December, eighteen hundred and ninety-five. § 2. At the election in said city, held on the Tuesday succeed- ing the first Monday in November, eighteen hundred and ninety- five, a Police Justice of the Police Court of the city of Albany City of Albany. 351 shall ln' elected in said city as other city officers are elected, who shall hold his office for the term of four years, from and after the first day of January next succeeding his election. At the election in said city held on the Tuesday succeeding the first Monday in November, eighteen hundred and ninety-seven, and each second year thereafter, a Police Justice of the city of Albany shall be elected in said city as other city officers are elected, who shall hold office for the term of four years from and after the first day of January next succeeding his election. § 3. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. § 4. This act shall take effect immediately. 352 Laws Relating to the Title IV. RELATING TO THE FIRE COMMISSIONERS AND FIRE DEPARTMENT. CHAl'TKK 197 OF THE LAWS OF 1867. An Act to ivorgauizt' the Fire Di'pMrtiiu'ut of the city of Albany. Passed March 29, 1867; three-flfths being present. The People of the State of Neic York, represented in Senate and Assembly, do enact an foUotcs: Fire Commissioners. — How chosen. — Terms of oflace. — Annual appointment of Commissioner. — Vacancies. Section 1. The Common Council of the city of Albany shall appoint five citizens, residents of the said city, to be Fire Com- missioners of said city, with whom the Mayor of said city shall, ex officio, be associated as a Fire Commissioner also of said city, and, together, they and their successors in office, hereinafter pro- vided for, shall form a Board of Fire Commissioners in and for said city, with the powers and duties hereinafter imposed. Said Fire Commissioners shall be chosen by said Common Council by ballot, and no ballot cast shall contain the name of more than one candidate, and the persons receiving the five highest num- bers of votes cast, respectively, shall be and be declared to be duly appointed, and shall hold the said office immediately from and after their appointment, which shall be made as soon as may be after the passage of this act, as follows: One until one year, one until two years, one until three years, one until four years, and one until five years from the first Monday in June next, eighteen hundred and sixty-seven, the terms for which they shall serve, respectively, to be fixed by themselves, by lot; and annually thereafter, on the first Monday of June, in each year, in City of Albany. 353 place of the commissioner whose term shall then expire, there shall be appointed, by said Common Council, one person, a resi- dent of said city, to be such Fire Commissioner and member of said board for the term of five years, and the said Common Council shall also fill, by ballot, all vacancies in unexpired terms in said Board of Fire Commissioners; and where there shall exist two or more vacancies at one time, no ballot shall contain more than one name, and the candidates, to the number of the vacancies to be filled, who shall receive the highest plurality of the votes cast, shall be and be declared to be duly appointed. (Under the charter of the city (title IV, section 19), the Fire Com- missioners are appointed by tlie Mayor, and the Common Council has the power of confirmation or rejection) President and Secretary. — Quorum. § 2. The Mayoi- of said city shnll be, ex officio, Fresident of said Board of Fire Commissioners, and said Board of Fire Commis- sioners shall appoint, from among themselves, a Secretary, who shall also act as Clerk of the department created by this act, and shall fix the rate of his compensation, subject to the approval of the Common Council, but the remainder of said commissioners shall serve without pay or emolument. Four members of said board shall constitute a quorum for the transaction of business at all regular meetings, and the decision of a majority of a quorum present at any such meeting shall stand as the decision of the board, except as provided in section four of this act. Chief Engineer, etc. — Steam fire engine companies. — Ofllcers and firemen. — Hook and ladder companies. — What to con- stitute Fire Department, etc. — Tenure of office, etc. — Increase of number of companies. § 3. For the extinguishment of fires in said city, the said Board of Fire Commissioners shall from time to time, appoint from the exempt or active firemen of said city, one Chief Engi- neer, and four Assistant Engineers, to serve for two years, unless sooner removed for cause, and shall prescribe their duties, except as provided in section six of this act; and there shall be eight steam fire engine companies, with steam fire engines, hose and apparatus complete, to be drawn by horses to be provided for that purpose; said companies to be numbered respectively, one, two, three, four, five, six, seven and eight, and to have a comple- ment of men each, to be appointed by said Board of Fire Com- 23 854 t Laws Relating to the missioners, as follows: One enginoman. one fireman and one driver to be permanently employed; and one foreman of hose and not to exceed eight other men, to do duty when alarmed, and serve with or without pay, as the Common Council shall here- after determine. There shall also be two hook and ladder com- panies, witli vehicles and apparatus complete, to be drawn by liorses to be provided for that purpose; and said companies to.be numbered respectively, one and two, and to have a complement of men each, to be appointed by said Board of Fire Commis- sioners, as follows, namely: One driver and, if necessary, one tillerman, to be permanently employed, and one foreman and not to exceed twelve other members to do duty when alarmed, and serve, with or without pay, as the Common Council shall here- after determine. The persons to be appointed to the several posts of fire duty hereinbefore provided, including the Chief and Assistant Engineers, shall be known as the firemen of the city of Albany, and together with said board, shall constitute the Fire Department of said city, and shall hold their respective places and appointments under said board during good beliavior; and the said Board of Fire Commissioners shall fix the rates of their compensation, subject to the provisions and limitations in this act contained; and they shall not be removed by said Board of Fire Commissioners, except for cause, and after a reasonable opportunity to be heard in their defense. The Common Council may, from time to time, by a two-third vote of all the members thereof, direct the said Board of Fire Commissioners to increase the number of companies hereinbefore provided for; and such additional companies shall, in all respects, be organized and maintained pursuant to the provisions of this act. (As aanended by chapter 3S2, Laws of 1882.) Powers and duties of Fire Commissioners. § 4 The said Board of Fire Commissioners shall have the con- trol and management of the said Fire Department, its officers and men; and shall prescribe the rules for its discipline and government; and the said Board of Fire Commissioners shall also have the control and management of the public property now pertaining to the Fire Department of said city, and that shall hereafter pertain to the department created by this act, and shall from time to time, in their sound discretion, add to, acquire, and, subject to the approval of the Common Council, sell or dis- City of Albany. 355 pose of said property, both real and personal, as the provisions of this act and the exigencies of the department, not inconsistent with this act, may require; and shall pay over to the City Cham- berlain all moneys that may come into their hands, immediately after the receipt of the same. The said Board of Fire Commis- sioners are also hereby invested with all discretionary powers necessary to the faithful execution of this act, including the proper selection and location of all needful buildings and offices, and the complete equipment of the several companies with horses, engines, vehicles and other apparatus, and by a two-third vote of all the members of the said board shall prescribe, control and regulate the expenditures of every kind of the department created by this act; provided, nevertheless, anything in this act to the contrary notwithstanding, that in case of any proposed expendi- ture, not including repairs and supplies, but including the schedule of compensation to be established for the employes of the department, and any increase therein, the same shall first ho presented by .said bunnl to tlie Common Council for tht all members and otficers of such companies; the names of all persons in the employ of said board and the compensation paid to them, and a statement of all expenses paid or incurred under the direction of said board during the year, and shall set forth other information relating to the Fire Department as to the board shall seem important. By and against whom actions are to be brought. § 8. Causes of action upon contract, or for damages arising out of, or pertaining or incident to, the official administration of the department created by this act, shall be brought directly by and against the Mayor, Aldermen and commonalty of the city of Albany; and the said Board of Fire Commissioners shall not be sued, as such, except to compel or resti-ain the performance of acts proper to be compelled or restrained, under and not within the discretion intended to be conferred by this act. Removal of Commissioners from office. § 9. The Common Council, by a two-thirds vote of all the members thereof, may, in case of misconduct, remove from ofiice the said commissioners, or any of them, and declare their places vacant. City of Albany. 357 Repeal of laws. § 10. Chapter one huiidn'd and ninety-four of laws of this State, passed April six, eiglitoen hundred and sixty, and all acts amendatory thereof; also section fifty-four of chapter eighty-two of tlie laws of this State, passed Marcli thirty-one, ei^ihtcen hundred and fifty-nine; also all existing ordinances and regu- lations of the Common Council of the city of Albany, relative to the l^'ire Department of said city, are hereby repealed. Discharge of present firemen. § 11. Until the organization under this act shall be put in working order, the present fire companies shall do duty at all fires that may occur, as heretofore; and thereafter, upon notice from the Board of Fire Commissionei'S, the Common Council shall, by resolution, naming them therein, honorably discharge the members of the department hereby abrogated from further duty as firemen, and such discharge shall entitle the firemen so discharged to all privileges and immunities of firemen exempt by law. Chief Engineer to inquire into causes of fires. — To issue war- rants for witnesses. — Refusal to testify a misdemeanor. — Penalty. — Chief Engineer to certify conclusion to Police Justice. — To return evidence to next criminal court. § 12. The Chief Engineer of the Fire Department is hereby empowered to inquire into the cause or origin of any fire that may occur in said city of Albany; and for that purpose the said Chief Engineer is hereby authorized to examine any person or persons on oath, and to issue his warrant for the attendance of witnesses, returnable either forthwith or at such place and time within said city as he shall appoint therein, under which warrant it shall be the duty of the said Chief Engineer to cause, and if necessary, to compel, the witness or witnesses to whom said warrant sliall be directed, to appf-ar before said Chief Engineer, as in said warrant prescribed, on any such investigation; and any willful evasion of such process, or willful refusal to testify, shall lie deemed to be a misdemeanor, and, upon conviction thereof liy any court of competent jurisdiction, the offender shall be punished by a fine not exceeding five hundred dollars, or by imprisonment In the county jail or penitentiary not exceeding six months, or by both such fine and imprisonment. If it shall appear to the satisfaction 358 Laws Relating to thr of said Chief Engineer, upon any such investigation, that any building in said city has boon willfully burned or fired, and if tlie party or parties charged with the offense be not in custody, the said Chief Engineer shall certify his conclusion upon the evidence to one of the Police Justices of said city, who shall cause the party or parties charged to be forthwitli arrested upon the charge. The testimony taken upon every such investigation where there shall be, in the judgment of the said Chief Engineer, reasonable grounds to believe that any building within said city has been willfully burned or fired, shall be returned by him to the next criminal court of i-ecord having jurisdiction in cases of felony that shall be held in the county of Albany. (As amended by chapter 47, Laws of 1872.) § 13. This act shall take effect immediately. CHAPTER 173 OF THE LAWS OF 1883. An Act to incorporate the Fund for the Relief of Disabled Firemen of the city of Albany. Passed April 2, 1883; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Fund for disabled firemen. — Deductions from pay of members of force to belong to fund. — City Chamberlain to receive foreign fire insurance tax. — Corporation created. — Corpo- rate name and officers. — Duty of Treasurer. — Property authorized to be held as relief fund. — Annual report to Common Council. — How printed. Section 1. The Fund for the Relief of Disabled Firemen of the city of Albany shall consist of: First. — The capital, interest, income, dividends, securities, cash deposits and credits formerly or now belonging to said fund. Second. — All forfeitures and fines imposed by the Board of Fire Commissioners from time to time upon any officer, member oi other employe of the Fire Department by way of discipline. Third.— All rewards in money, fees, gifts, testimonials and emoluments that may be given or paid for account of extra- ordinary services by any officer, member or other employe of the Fire Department except such as have been, or shall be, allowed City OF Albany. 359 by the Board of Fire Commissioners to be retained by said officer, member or other employe. Fourth. — All penalties imposed under the laws and ordinances of the city of Albany, relating to buildings and for the prevention of fires, and all license fees payable under the same. All moneys, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld from any officer, member or other employe of the Fire Department, for or on account of absence from duty, failure to attend fires, answer to roll-call or breach of discipline, shall be received by the Chamberlain of the city of Albany, as treasurer of said Fund for the Relief of Disabled Firemen, and the Board of Fire Commissioners are authorized and empowered in their discretion to deduct and withhold the pay, compensation or salary from any .officer, member or other employe of the Fire Department for or on acount of such absence from duty, except when such absence shall be occasioned by sickness or other causes for which leave of absence shall have been granted, in accordance Avitli the rules of the Fire Depai-tment. And the Chamberlain of the city of Albany, as treasurer of said Fund for the Relief of Disabled Firemen, for and on behalf or the uses and purposes of said fund, shall receive, and there shall be paid to him, annually, two per cent of tax on receipts of all foreign fire insurance companies doing business in the city of Albany. And in default of payment, the Chamberlain of the city of Albany, as such treasui'er, shall sue for in any court of record within this State, the tax provided for to be paid in this act, and the amount so received shall be applied to and for the uses and purposes of said fund. The Mayor, the Fire Commissioners and Chief of the Fire Department of the city of Albany, for the time being, and their successors in office, are constituted, and shall continue to be and constitute, a body corporate, under the name and designation of " The Trustees of the Fund for the Relief of Disabled Firemen of the City of Albany." They shall organize as such board \)\ choosing from their number a president, and by appointing a clerk; and the Chamberlain of the city of Albany shall be the treasurer of said trustees, who shall receive all moneys applicable to the same, and shall deposit the same, as such treasurer, to the credit of the said relief fund, in savings banks or trust com- pa'nies to be selected by said trustees, as soon as received, or to "860 Laws Relating to the invest the same on bond and mortgage on improved property, certified in vpriting by ttie City Assessors of said city to be wortli twice tlie amount loaned, or in public stocks, as said trustees may deem most advantageous for tlie object of such fund; and the said trustees are empowered to make all necessary contracts, and to take all necessary remedies in the premises, and the Chamberlain, as such treasurer, for and on behalf of the uses and purposes of said fund, shall receive, and there shall be paid to him as such treasurer, all duties, taxes, allowances, fines, penalties and fees to which the Relief Fund of the Fire Department of the city of Albany, or at any time heretofore established, has been or is now entitled; and the Chamberlain of the city of Albany, as such treasurer, may take by gift, grant, devise or bequest, any money, real or personal property, or other valuable thing for the benefit of the oflicers, m(Mnboi"s or other employes of the Albany Fire Department or their families requiring assistance. The property so held shall be known as the Fund for the Relief of Disabled Firemen of the city of Albany, the annual income of which shall not exceed fifty thousand dollars in the whole, provided that the sum of one hundred thousand dollars, which may be received and accumulated under the provisions of this act, shall be reserved and retained as a permanent fund, the annual income of which may be made available for the uses and purposes of said fund. The Chamberlain of the city of Albany, as treasurer of said trustees, shall keep accurate books of account thereof and report to the Common Council of the city of Albany the condition of said funds, the cash and the securities, if any, held therefor, and the disbursements thereof. The trustees shall, from time to time, establish such rules and regulations for the proper administi*ation of said funds as they may deem best. The treasurer's report and all matters pertaining thereto of public interest shall be printed in the annual report of the Fire Department. (As amended by chapter 411, Laws of 1886, sec. 1.) Fire Commissioners may retire certain disqualified employes. — Annual pension from. Relief Fund. — Amount of allowance or pension, and conditions thereof. — Allowance to widows and children, in certain cases. — Funeral expenses. § 2. The Board of Fire Commissioners shall have the power, by a majority vote, to retire from all service in the said Fire Department, or to relieve from service at fires, any oflficer. City of Albany. 361 member or other employe of the said Fire Department who shall have served in the said Fire Department for the period of not less than ten years' active and continuous service, and who may, upon an examination directed to be made by the Fire Commis- sioners by the Fire Department physician, be found to be disqualified, physically or mentally, for the performance of his duties; and the said oflacer, member or other employe so retired from service shall receive from the said Relief Fund an annual allowance as a pension in case of the total disqualification for service, or as compensation for limited service, in case of partial disability. In every case the said Board of Fire Commissioners are to determine the circumstances thereof, and said pension or allowance so allowed is to be in lieu of any salary received by such oflficer, member orother employe at the date of his being so relieved or retired from fire duty in said Fire Department, and the said Fire Department shall not be held liable for the payment of any claim or demand for services thereafter rendered, and the amount of such pension or allowance shall be determined upon the following conditions: In case of total permanent disability, caused in or induced by the actual performance of the duties of his position, which may occur after ten years' active and contin- uous service in the said Fire Department, the amount of annual pension to be allowed shall be one-half of the annual compen- sation allowed such officer, member or other employe as salary at the date of his retirement from the service, or such less sum in proportion to the number of officers, members or other employes so retired, as the condition of the fund will warrant. In case of the total permanent disability, not caused in or induced by the actual performance of the duties of his position, which shall have occurred after the expiration of twenty years' active and contin- uous service in the said Fire Department, the amount of annual pension to be allowed shall be one-half of the annual compen- sation allowed such officer, member or other employe as salary at the date of his retirement from the service, or in proportion to the number of officers, members or other employes so retired, as the condition of the fund will warrant. In case of partial perma- nent disability, caused in or induced by the actual performance of the duties of his position, which may occur after ten years' active and continuous service in the said Fire Department, the officer, member or other employe so disabled shall be relieved from active service at fires, but shall remain a member of the 3(52 La ws Relating to the Fire Department, subject to the rules governing said department and to tlie performance of such light duties as the Fire Depart- ment physician may certify him to be qualified to perform; and tlie allowance to bo paid such officer, member or other employe shall be one-half of the annual compensation allowed as salary at the date of his being so relieved, or such less sum in proportion to the number of officers, members or other employes so retired as the condition of the fund will warrant; in case of partial permanenet diability, not caused in or induced by the actual performance of the duties of his position, which may occur after twenty years' active and continuous service in the said Fire Department, the officer, member or other employe so disabled shall be relieved from active service at fires, but shall remain a member of the Fire Department, subject to the rules governing said department, and to the performance of such light duties as the Fire Department physician may certify liim to be (lualified to perform, and the annual allowance to be paid such officer, member or other employe shall be one-half of the annual compensation allowed as salary at the date of his being so relieved, or such less sum in proportion to the number of officers, members or otlier employes retired as the condition of the fimd will warrant; if any officer, member or other employe of the said Fire Depart- ment, or retired or relieved officer, member or other employe of the same, shall die or be killed while in the service of the same, or while so retired or relieved, and shall leave a widow or children, the sum of five hundred dollars, or so much thereof as the trustees may in their discretion determine, or as the condition of the fund will warrant, shall be paid to such Avidow or children, and if there be no widow or children, then the said sum of five hundred dollars, or so much thereof as the trustees may in their discretion determine, or as the condition of the fund will warrant, shall be applied by the trustees toward his funeral expenses. (As amended by chapter 411, Laws of 1886, sec. 2.) Amount to be paid present members who have served ten years. § 3. All officers, members and other employes who are now connected with the Albany Fire Department, and who have served ten years' active and continuous service in the said depart- ment, shall receive the amount of annual pension of one-half of the annual compensation allowed such officer, member or other employe as salary at the date of his retirement, or such less sum City of Albany. 363 ill proportion to tlie number of officers, members or other employes so retired, as the condition of the fund will warrant, and shall be entitled to all the privileges and shall be eligible and subject to the provisions of any and all trusts w^hich may be created by this act. Deductions from monthly pay for insurance fund. §4. There shall be deducted from the monthly pay of each officer, member or other employe of said Fire Department, and from the monthly pension of retired officers, members or other fiiiployos of said department, the monthly sum of one dollar, uiiich shall be received and held by the trustees of the Relief Fund herein created in tlie like manner aslhe other moneys herein provided to be paid to them, and which shall be known as the Albany Fire Department Insurance Fund; and in case of taws of 1875, and by chapter 699, Laws of 1881.) § 14. All the office furniture, text-books, stationery and school apparatus, as well as all other school property of the city which may be in the possession and under the control and management of the present Board of Public Instruction of the city of Albany fifteen days after the passage of this act shall, on and after that time be regarded as in the possession, control and management of the said Board of Public Instruction of the city of Albany as organized under the provisions of this act. (As amended by chapter 100, Laws of 1892, sec. 7.) Report of Board to Common Council. § 15. The said Board of Public Instruction shall report to the Common Council of the city, annually, and oftener if required by that body, the general condition of the schools under their charge; and shall also, on or before the first day of November in each year, certify to the said Common Council, by a majority of their City of A lb Ayr. 371 whole number, the amount of money which will be required for school purposes the ensuing year, in addition to the public money, specifying the several purposes for which the same will be required and the amount for each; and the Board of Supervisors of the county of Albany shall, upon the requisition of the Com- mon Council of said city, levy and collect the said amount upon the taxable property of said city in the same manner as other taxes are levied and collected therein. Members not to receive pay or be interested in contracts, etc. §16 No member of said Board of Tublic Instruction shall receive any pecuniary compensation for his services as such member; nor shall any member thereof be directly or indirectly interested in any contract entered into by the board, nor shall he be paid for anv work done, nor for materials or supplies of any kind furnished for the use of the schools or of the board; and any member who shall violate either of the provisions in this section contained, shall forfeit a penal sum equal to three times the amount received by such member, to be recovered with costs of suit to be brought in the name of the Chamberlain of the cty of Ubany. whose duty it shall be to prosecute the action for its recoven- without delay, in any court having jurisdiction in the premises, and the amount recovered by him in such smt, after paying the necessary expenses of the prosecution and collection thereof shall be for the benefit of the public schools of said city, and the same shall be credited by him to the said Board of Public Instruction in their account with the city on the books of his office. Acceptance of certain offices to create vacancy. § 17 If any person, being at the time a member of the said Board of Public Instruction, shall accept the office of either Mayor, Recorder or Alderman of said city, his office as such member shall thereupon become vacant; the vacancy thus created shall be filled by appointment and election, in the manner provided in the sixth section of this act. Repeal of certain sections of act of 1855. § 18 The fourtli and fifth sections of chapter one hundred and twenty-eight of the Laws of eighteen hundred and forty-four, and the second, third, fifth, and sixth sections of chapter five hundred 372 Laws E elating to the and sixteen of the Laws of eighteen hundred and fifty-five, together with all other acts and parts of aots relating to the dis- trict or public schools in the city of Albany, inconsistent with this act, are hereby repealed, except the act entitled " An act in rela- tion to common schools in the city of Albany, west of Perry street," passed July eighteen, eighteen hundred and fifty-three, which act is hereby continued in its original force and effect. Vocal music. § 19. Nothing in this act contained shall be so construed as to prohibit the board from causing vocal music to be taught in the schools under the charge of one or more competent instructors to be appointed by the board for that purpose. CHAPTER 703 OF THE LAWS OF 1869. An Act to enable the Board of Public Instruction in the city of Albany to obtain sites for school-houses. Passed May 7, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as folloics : Board may acquire title to lands for school-house sites. Section 1. Whenever the Board of Public Instruction in the city of Albany shall have selected any lot or lots in said city, for the purpose of erecting a school-house thereon, and shall be unable to agree for the purchase of the same, said board shall have the right to acquire title to the same in the manner and by the special proceedings proscribed in this act. Petition for appointment of Commissioners of Appraisal. § 2. For the purpose of acquiring such title, said board may present a petition praying for the appointment of Commissioners of Appraisal to the Supreme Court at any General or Special Term in the Third District. Such petition shall be signed and verified according to the rules and practice of the court by the president or any member of said board. It must contain a description of the real estate which the board seeks to acquire, and must in effect state the purposes for which such real estate is needed; that the same is necessary for the purpose of building a school-house thereon; that the board has not been able to City of Albany. 373 acquire the title thereto, and the reason of such inability, and also the names and residence of the parties, so far as the same can by reasonable diligence be ascertained, who own or have a claim to own or have estates or interests in said real estate; and if any such persons are infants, their ages as near as may be must be stated, and if any such persons are idiots, or of unsound mind, or are unknown, that fact must be stated, together with such other allegations and statements of liens or incumbrances on said real estate as the boai-d may see fit to make. Copy of petition, how served. § 3. A copy of such petition, with proof of service of a copy thereof, and of a notice of the time and place of presenting the same, must be served in the manner and on the persons, and for the time required by the fourteenth section of the act entitled " An act to authorize the formation of railroad companies, and to regulate the same," passed April two, eighteen hundred and fifty, and any amendments thereto; and thereupon said petition may be presented to said Supreme Court, and such proceedings may be had thereon as by the said act and amendments thereto are or may be authorized in the case of railroad companies desir- ing to acquire the title to land. Title to vest in city on payment or deposit of award. — Posses- sion thereof. §4. On the payment or deposit l»y said l)oard of the sums to be paid as compensation for said real estate, and for the costs, expenses and counsel fees as may be directed by the order of the said court, made according to the requirements of said act and the amendments thereto, the title to said real estate shall vest in the Mayor. Aldermen and commonalty of the city of Albany. And said Board of Public Instruction shall be entitled to enter upon and take possession of said land, and to use the same for school purposes. And all persons Avho have been made parties to the proceedings shall be divested of all right, estate and interest in said land forever. All real estate so acquired under and in pursuance of the pi'ovisions of this act shall be deemed to be acquired for public use. §5. All the provisions of the aforesaid act. and of the amend- ments thereto relating to the proceedings which may be taken by railroad companies to acquire title to real estate, shall apply, so 374 Laws Relating to the far as the same are applicable, to the proceedings authorized by this act. § 6. This act shall take effect immediately. CHAPTER 500 OF THE LAWS OF 1870. An Act extending the jurisdiction of the Board of Public Instruc- tion of the city of Albany. Passed April 28, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : New city territory to be under control of Board of Public Instruction. Section 1. All that portion of the towns of Bethlehem and Watervliet now embraced within the corporate limits of the city of Albany, and also that portion of the city lying west of Perry street, shall, for school purposes, from and after the passage of this act, be under the control, supervision and direction of the Board of Public Instruction of the city of Albany, who shall pos- sess and exercise therein all the powers now conferred by chapter four hundred and forty-four of the Laws of eighteen hundred and sixty-six. School property and moneys therein vested in city. § 2. It shall be the duty of every person having in his posses- sion, or under his control, any moneys raised for school purposes, in that portion of the town or city above described, to pay over the same, within thirty days, to the Chamberlain of the city of Albany, for the use of the Board of Public Instruction, and the residue of the school property in that portion of the towns and city aforesaid shall be transferred to and become vested in the corporation of the city of Albany. Repeal. § 3. All acts and parts of acts inconsistent with the provisions of this act, so far as they relate to public schools within the present corporate limits of the city of Albany, are hereby repealed. § 4. This act shall take effect immediately. CiTT OF Albany. 375 CHAPTER 312 OF THE LAWS OF 1873. An Act in relation to the free academy in the city of Albany. Passed April 26, 1873; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as folloics : Free academy to be subject to visitation of Regents, etc. Section 1. The free academy established by the Board of Public Instruction of the city of Albany under the provisions of chapter four hundred and forty-four of the Laws of eighteen hundred and sixty-six, shall hereafter be subject to the visitation and control of the Regents of the University the same as the academic departments of union free schools, as provided by section twenty- three of title nine, chapter five hundred and fifty-five of the Laws of eighteen hundred and sixty-four; and said free academy shall hereafter share in the annual distribution of the literature fund, and of all other moneys divided by the Regents of the University, in the same manner and to the same extent as other academies and the academic departments of union free schools. § 2. This act shall take effect immediately. CHAPTER 14 OF THE LAWS OF 1875. An Act to authorize the city of Albany to issue its bonds to pro- cure means to pay in part for the erection of an edifice, for a public high school. Passed February 13, 1875; three-fifths being present. The People of the Stale of Xeir York, represented in Senate and Assembly, do enact as follows : Bonds of city of Albany may issue. — When payable. Section 1. The city of Albany is hereby authorized to issue its bonds to the amount of one hundred thousand dollars to pay in part the expenses incurred, and to be incurred in the erection and completion of an edifice for a public high school in said city, the said bonds to be of the denomination of one thousand dollars each, bearing interest at the rate of seven per cent per annum, payable semi-annually in the city of New York, with coupons attached for the payment thereof; ten thousand dollars of the 376 Laws Uelatjnq to the principal to be reimbursable at the same place at the expiration of one year from the date of said bonds, and the like amount in each year thereafter until the whole amount herein authorized and issued shall be paid as hereinafter provided. City Chamberlain to prepare bonds. — How executed. — How sold. § 2. The Chamberlain of the city shall, on the requisition of the Board of Public Instruction of said city, cause from time to time to be prepared bonds of the city of Albany to the amount, when payable and of the denomination specified in the foregoing sec- tion, and when so prepared his honor the Mayor of said city shall sign the same and affix thereto the corporate seal, and they shall also be countersigned by the Chamberlain; the said bonds when prepared, signed and countersigned as aforesaid, shall be sold by the Chamberlain at public auction to the highest bidder, but at a rate not less than par, ten days' previous notice having been given in the three designated city papers of the time and place of sale, and the proceeds, less the incidental charges, shall be used for the purposes specified in the first section of this act. Annual tax. § 3. There shall be raised annually by tax in the same manner as other city taxes are levied and collected, ten thousand dollars, or such proportion of said sum as will be required to redeem the bonds maturing the next ensuing yeai', issued under the authority conferred by this act; and it shall be the duty of the Chamber- lain to certify annually to the Board of Supervisors of the county of Albany the amount required for that purpose, and also the additional sum required to meet the interest for the ensuing year, on the then outstanding bonds; and the two amounts thus stated shall be levied and collected as other city taxes are levied and collected. § 4. This act shall take effect immediately. City of Albany. 377 CHAPTER 118 OF THE LAWS OF 1880. An Act in relation to the sale, and proceeds of sale, of certain school property in the city of Albany. Passed April 12, 18S0; three-fifths being present. Tlie People of the State of New York, represented in Senate and Assembly, do enact as follows : Board of Public Instruction may certify to Common Council facts making it necessary or expedient to sell school prop- erty, etc.— Council to act thereon.— Mayor may veto.— Com- mon Council may pass same by a two-thirds vote over veto. — ^When property to be sold. Section 1. Whenever, in the opinion of the Board of Public Instruction in the city of Albany, any school building in said city shall become unfit or inappropriate for school purposes, and it shall be