Police

ceive no

except as

To be charged

to county or city.

9. No fees or compensation other than is herein provided shall be men to re- charged or received by any policeman or special policeman for the fees, &c., arrest, confinement or discharge of any person, or for mileage, or for herein serving any process or warrant, or for discharging any other duty provided. required by this act to be performed by him. But any reasonable and Expenses necessary expenses incurred by any policeman when traveling in the to be paid. discharge of his duties as policeman, shall be paid by the treasurer of the city of Utica, on the warrant of the board, and the said board are hereby authorized to charge the county of Oneida or to the said city of Utica as one of the towns thereof, as the case may be, the moneys thus To be and paid, and the same shall be audited and allowed by the board of supervisors of said county, or by the board of town auditors of the city of Utica, to and for the benefit of the said city of Utica, and shall be paid to the treasurer of said city. No policeman or special policeman shall men to re-receive any present or reward for services rendered or to be rendered, present, unless with the approbation of the board, such approbation to be given &c., within writing and filed with the clerk; and any one of their number who shall receive any fee or reward in violation of this section shall forfeit his office.

ited.

Police

ceive

out appro

val of board.

Board 10. The board is hereby authorized to charge to the county of Oneida, may or to the city of Utica as one of the towns thereof, or to any town charge county, therein, for services performed by the policemen in criminal proceedings, &c., for services of such fees as are allowed to constables of towns for like services, and policemen chargeable to said county, city or towns, and the same shall be audited al cases. and allowed by the board of supervisors of said county, or by the boards of town auditors of such towns, to and for the benefit of the city Fees to be of Utica, and shall be paid to the treasurer of said city. In cases arising included under the ordinances or police laws, or regulations of said city of Utica,

in crimin

in judg. ment, when.

Consta

bles not compella. ble to serve pro

corder,

&c.

Neither

nor city

where judgment shall be rendered in favor of said city, or where said city would be entitled to judgment, the same fees for the services of such policemen as constables would be entitled to for like services shall be included in such judgment and charged for the benefit of said city; and when paid or collected shall be paid to the treasurer thereof within five days after its receipt.

§ 11. The constables elected in said city, or in the different towns of Oneida county, shall not, as such, be compelled to serve, within the city of Utica, any summons, warrant, subpoena, commitment, order, notice, cessissu- paper or process whatever, of any name or nature, issued or directed ed by re- by the recorder or any justice of the peace of said city, in execution of the laws of the State for the prevention of crime and the punishment of criminal offenders, or of the police laws or regulations of the State, or in any proceedings collateral to or connected with the execution of such general laws or police laws or regulations or ordinances. Nor shall the county of Oneida, or any of the towns therein, or the city of the county Utica, be chargeable with or in any way liable to pay any such concharge- stable any fees or disbursements whatever for services rendered or disbursements paid or incurred under or by virtue of such summons, warrant, subpoena, commitment, order, notice paper or process whatever. Fines and § 12. All fines collected under and by virtue of the ordinances of the to be paid city of Utica, and all moneys collected as penalties or for services by the policemen authorized by this act under any such ordinances, and in treasurer. pursuance of any statutes, shall be paid to the treasurer of said city Treasurer within five days after their receipt. And it shall be the duty of the to give treasurer of the city of Utica, in his annual report to the common counstatement of moneys cil of said city, to give a full and accurate statement of all moneys received, received and expended by him under and by virtue of this act.

able with certain fees.

penalties

to city

&c.

penses

pensation

13. The contingent expenses of the police department, for office Continfurniture, fuel, lights, stationery, printing, advertising, books, police-gent exmen's badges and batons, also the compensation of the clerk of the and comboards, of the chief of police, of the assistant chief of police and of the of policepolicemen and special policemen, severally, shall be paid by the treas- men, how to be paid. urer of the city of Utica, on the warrant of the board. All warrants for the purpose must be authorized by a vote of the board, and signed Warrants. by the chairman and clerk thereof.

houses,

14. The common council of said city of Utica shall provide and Stationkeep in order such station-houses, lock-ups, and other necessary accom- lock-up, modations, as shall be required for the use of the police department, &c. and all necessary houses and stables for the use of the fire department.

and fire

15. The policemen and firemen who may be in service in said city Present of Utica at the time of the passage of this act shall continue in office policemen until the first day of June, one thousand eight hundred and seventy- men to four, but for no longer period unless by a vote of the majority of the in office. board.

continue

&c.

ants.

com

16. The board shall organize fire companies, and appoint a sufficient Board to number of able-bodied and reputable inhabitants of the city of Utica organize firemen, to belong to such companies, and shall pay them a reasonable panies, compensation for their services as such firemen. They shall appoint one of the said firemen chief engineer of the fire department, who shall, Chief under the directions of the board, have full control of the department, engineer. and the board shall also appoint two of said firemen who shall act as Assistassistants to the chief engineer in the management and control of the fire companies and fire apparatus during the extinguishment of fires. The number of firemen to be appointed and so paid shall not exceed, Number of in the aggregate, twelve to each steam fire engine, and twelve to each hook and ladder company. The said board shall pay the chief engi- Additionneer, his two assistants, the steamer engineers, stokers, drivers and fore- al compen men of fire companies, such additional compensation as shall be just chief engiand reasonable. The board shall have power to remove, in their dis- ncer, &c. cretion, any of its appointees provided in this section.

firemen.

sation to

&c, how

17. The expenses of the fire department for apparatus and equip- Expenses, ments, together with the cost of maintaining the same, and the salaries are of the several officers and members of the said fire department, shall paid. be paid by the treasurer of the city of Utica, on the warrant of the board, signed by its chairman and clerk, and authorized by a vote of a majority of its members.

statement

cost to be

18. The board shall, before the first day of July in each year, make Estimated out an estimated statement of the amount necessary to defray the of inincreased cost of the fire department for the current year over that creased for the year eighteen hundred and seventy-three, and present the same made. to the common council, who shall include the amount thereof in the city tax assessment roll in addition to the sum of forty thousand dollars Tax. authorized by section forty-seven of the charter of said city, to be raised as the "city fund ;" but the amount so included shall not exceed ten Limit of thousand dollars annually.

amount.

make an

cost of po

19. The said board shall on the first Tuesday of April annually Board to prepare an estimate of the cost of maintaining the police and fire depart- mual esti ments under their direction and control, which estimate shall be furn- mate of ished to the common council of said city, and a copy thereof delivered lice and to the city treasurer, and the said treasurer shall place the amount of fire desuch estimate to the debit of the "city fund" of said city, and the same on his books to the "Police and Fire Department which fund shall be applied only to the payment of drafts or

part

credit ments. Fund," Applica orders fund.

tion of

Excess may be transferred.

Estimate for the year.

Rules and regula

issued by said board of commissioners. In case the said board shall at any time, determine that the amount annually so placed to the credit of the Police and Fire Department Fund is more than will be necessary to defray the expenses of said departments for such current year, the said city treasurer may by direction of said board of commissioners, transfer the excess thereof from the police and fire department fund to the credit of the city fund of said city.

§ 20. The said board shall on the first day of July next make the estimate required by section nineteen of this act, for the year ending on the first Tuesday of April eighteen hundred and seventy-five.

§ 21. The board shall make such rules and regulations as to it may seem best for the good government of themselves and the police and fire Proviso. departments, provided such rules and regulations shall not conflict with the laws of the State or of the United States.

tions.

Mayor to

appoint commissioners,

when and

how. Annual

appoint

ment.

Property to be

under control of commissioners.

Repeal.

Loan anthorized.

Stock,

22. The mayor of said city shall, within five days after he has received official notice of the passage of this act, appoint the commissioners referred to in section one of the same, by the appointment of two commissioners from each of the two principal political parties of the State. The mayor of said city shall, annually, on the first Monday of April thereafter, appoint one commissioner in place of the commissioner whose term of office will expire, as hereinbefore provided for, and such appointment shall be from the political party, to which the said commissioner whose office has expired belonged.

§ 23. Upon the organization of the board, as authorized by section three of this act, all the property and effects owned by the city of Utica in the use and occupation, or which may be obtained for such use, of either the police or fire departments thereof, shall be under the direc tion, control and management of said commissioners.

24. All sections or parts of an act entitled "An act to revise the charter of the city of Utica," passed February twenty-eighth, eighteen hundred and sixty-two, and as amended February twenty-fifth, eighteen hundred and seventy, and all subsequent amendments to said act, and all city ordinances and other provisions of law in conflict with this act, in so far as they may conflict, are hereby repealed. 25. This act shall take effect immediately.

Chap. 315.

AN ACT to enable the mayor and common council of
Long Island City to borrow money.

Passed May 2, 1874; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. It shall be lawful for the mayor and common council of Long Island City to raise by loan a further sum of eighteen thousand dollars, by the creation of a further fund or stock, redeemable as follows, namely: Six thousand dollars to be paid in eighteen hundred when pay and ninety-five, and six thousand dollars to be paid in each year thereafter, until the whole amount thereof shall be paid, which sum, How to be not exceeding eighteen thousand dollars, authorized to be raised by expended. this act, shall be expended in and applied to the payment of the

able.

expenses of completing the survey and plan of Long Island City, and the necessary maps, profiles, records and monuments of such survey

and plan, and for making ward maps of said city for assessment purposes, and for no other purpose, and shall be in addition to the several ams authorized to be raised for the purpose of making such survey, plan, maps, profiles, records and monuments, by chapter four hundred and sixty of the laws of eighteen hundred and seventy-one, entitled "An act to enable the mayor and common council of Long Island City to borrow money," passed April thirteenth, eighteen hundred and seventy-one, and by chapter eight hundred and fifty-nine of the laws of eighteen hundred and seventy-two, entitled "An act to amend an act entitled 'An act to provide for laying out streets, avenues, roads and parks in Long Island City,'" passed April twenty-sixth, eighteen hundred and seventy-one, passed May twenty-fifth, eighteen hundred and seventy-two, and by chapter four hundred and fifty-eight of the laws of eighteen hundred and seventy-three, entitled "An act to enable the mayor and common council of Long Island City to borrow money," passed May ninth, eighteen hundred and seventy-three.

and com

mon coun

determine

2. It shall be lawful for the mayor and common council of Long Mayor Island City to determine the nominal amount of value of each share or bond of the loan authorized by this act, and of what number of shares cil may the same shall consist. And they are hereby authorized to sell and nominal dispose of the same at not less than the par value thereof, either at value of public auction or private sale.

each bond.

terest.

3. The bonds issued under and pursuant to the provisions of this Rate of m act shall in no case bear an interest greater than seven per cent. per annum; nor shall they be issued sooner than required by the exigen- When to des of the object for which they are created, and the number of years which each bond shall have to run, and the object for which it shall be issued shall be expressed upon the face thereof.

be issued.

redemp

loan.

4. In order to redeem the loan authorized by this act, with the Annual interest thereon, all of which interest shall be paid semi-annually, the tax for mayor and common council of said city are hereby authorized and tion of directed to order, and cause to be raised by general tax on all the taxable property within said city, and to be collected in addition to the ordinary taxes, yearly and every year until such loan shall be fully redeemed, with the interest thereon, such sums as shall be required by the provisions of this act.

5. This act shall take effect immediately.

Chap. 316.

AN ACT to amend an act entitled "An act to incorporate the city of Cohoes," passed May nineteenth, eighteen hundred and sixty-nine.

Passed May 2, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section eleven of title ten of the act entitled "An act to incorporate the city of Cohoes," passed May nineteenth, eighteen hundred and sixty-nine, is hereby amended so as to read as follows:

11. Said board of education shall, at their first annual meeting after Board of each annual election, or as soon thereafter as practicable, appoint a clerk education to appoint of said board of education, who shall also be librarian, and as such a clerk. clerk and librarian shall perform all the duties which are or may be His duties.

required by the general school laws and board of education. As clerk of the board of education, he shall keep a record of the proceedings of the board and perform such other duties as the board may prescribe. Evidence. The said record, or a transcript thereof certified by the president and clerk, shall be received in all courts of justice as evidence of the facts therein set forth; and such records and all books of account, vouchers and papers of said board, shall be at all times subject to the inspection of the common council of the city of Cohoes, or any committee thereof. Clerk may Said clerk and librarian may be removed from office by said board of be remov- education at any time at their pleasure, by a vote of a majority of all the school commissioners elected. The clerk and librarian shall receive for all his services such annual salary as the board of education may determine, not exceeding three hundred dollars.

ed.

Salary.

Annnal tax for teachers'

contin

penses.

§ 2. In addtion to the amount required by section sixteen of title ten of said act, to be set apart for the use of the common schools in said city, wages and the common council of said city shall have the power, and it shall be their gent ex- duty, to raise annually by tax, to be levied equally upon all the real and personal estate in said city which shall be liable to taxation for the ordinary city taxes or for county charges, such sum as shall be required by said board of education, not exceeding one-quarter of one per cent. on the assessed valuation of the taxable property in said city, said sum so raised as aforesaid, shall be used by the board of education for the payment of teachers' wages and the contingent expenses of the schools. 3. Subdivision six of section thirteen of said act is hereby amended so as to read as follows:

Board of

6. To contract with and pay all teachers in said schools and at their education, pleasure remove them, and to employ a superintendent of said schools. § 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

its powers. Repeal.

Trustees may fill vacancy

tice.

5. This act shall take effect immediately.

Chap. 317.

AN ACT to amend an act entitled "An act to amend the charter of the village of Dunkirk," passed April twentieth, eighteen hundred and sixty-seven.

Passed May 2, 1874; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section six of title twenty-seven of chapter four hundred and seventy-nine of the laws of the State of New York, entitled "An act to amend the charter of the village of Dunkirk," passed April twentieth, eighteen hundred and sixty-seven, is hereby amended so as to read as follows:

§ 6. In case the said office of police justice shall become vacant by death, resignation or otherwise, the board of trustees of the village of in office of Dunkirk may, by a writing under the corporate seal of said village, and police jussigned by the president, or presiding officer, and village clerk, appoint some elector, resident of said village, police justice to fill such vacancy, which said appointment shall be executed in duplicate, and one copy thereof shall be filed with the clerk of said village, and the other shall be filed in the office of the clerk of the county of Chautauqua; and the person so appointed shall, upon complying with the requirements of