Chap. 11. AN ACT to amend the town law, in relation to the compensation of justices of the peace in certain towns for services in criminal cases. Became a law February 26, 1915, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: added to ch. 63. Section 1. Chapter sixty-three of the laws of nineteen hundred 107a and nine, entitled "An act relating to towns, constituting chapter L. 1909, sixty-two of the consolidated laws," is hereby amended by inserting therein a new section, to be section one hundred and seven-a, to read as follows: § 107-a. Salary of justices of the peace in lieu of fees in criminal cases. The town board of any town containing a population of twenty thousand or more according to the last preceding federal census may, in its discretion, by resolution, provide that the justices of the peace in such town shall from the date of the adoption of such resolution receive an annual salary as fixed therein, not exceeding the sum of fifteen hundred dollars, for all services rendered by them in criminal actions or proceedings had before them as such justices of the peace in which a charge would otherwise be made against the town or county. Such annual salary shall be in lieu of all charges and fees under section seven hundred and forty-a of the code of criminal procedure or any other statute, which would otherwise be chargeable against the town or county for services in criminal actions or proceedings. The amount of such salary shall be a town charge, payable monthly by the supervisor of such town out of any moneys in his hands applicable thereto, and receipts therefor shall be presented by the supervisor to the board of town auditors, and shall if found to be correct be audited and allowed at the amount thereof. § 2. This act shall take effect immediately. § 87a added to L. 1909, ch. 63. L. 1907, ch. 755, § 14 amended. Chap. 12. AN ACT to amend the town law, in relation to the payment of salaries of town officers. Became a law February 26, 1915, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter sixty-three of the laws of nineteen hundred and nine, entitled "An act relating to towns, constituting chapter sixty-two of the consolidated laws," is hereby amended by inserting therein a new section, to be section eighty-seven-a, to read as follows: 887-a. Payment of salaries monthly. If, by or in pursuance of law, a town officer is entitled to receive an annual salary, the supervisor of such town may, notwithstanding the provisions of any such law as to the time for payment of such salary, or the audit or allowance thereof, pay to such officer monthly the proportion of such salary to which he shall be entitled out of any moneys of the town in his hands not needed for other purposes, and receipts therefor shall be presented by the supervisor to the board of town auditors, if any, and otherwise to the town board, which receipts if found to be correct shall be audited and allowed at the amount thereof. § 2. This act shall take effect immediately. Chap. 13. AN ACT to amend chapter seven hundred and fifty-five of the Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section fourteen of chapter seven hundred and fiftyfive of the laws of nineteen hundred and seven, entitled "An act 1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made. constituting the charter of the city of Rochester," is hereby amended to read as follows: § 14. Elective officers. The officers elected by the electors of the city are: mayor, president of the common council, comptroller, treasurer, four assessors, five commissioners of schools, police justice, and three judges of the municipal court. The officers elected by the electors of each ward are: alderman, supervisor and constable. as amended ch. 340, § 2. Sections fifteen and eighteen of said chapter, as amended $$ 15. 18, by chapter three hundred and forty of the laws of nineteen hun- by L. 1911, dred and eleven and chapter three hundred and forty-two of the and L. laws of nineteen hundred and fourteen, are hereby amended to ch. 342, read, respectively, as follows: 15. Appointive officers. The officers appointed by the mayor are: commissioner of public works, city engineer, commissioner of parks, commissioner of public safety, commissioner of charities, corporation counsel, three commissioners of Mount Hope, five trustees of public library, three examiners of stationary engineers, two midwife examiners, commissioners of deeds, and such other officers as he is authorized to appoint by this act or otherwise by law, or whose appointment is not otherwise provided for. 18. Term of office of appointive officers. The term of office of midwife examiners is two years; of commissioners of Mount Hope, and of examiners of stationary engineers, three years; of trustees of public library, five years; such term of office to be computed from the first day of January in the year in which the appointment is made. The term of office of commissioner of deeds is of such duration as is or may be fixed by law. All other officers appointed by the mayor hold office during his pleasure, unless otherwise specified in this act or by law. 1914, amended. amended by § 3. Section two hundred and forty-one of said chapter, as § 241, as amended by chapter one hundred and twenty-one of the laws of L. 1914, nineteen hundred and fourteen, is hereby amended to read as fol- amended. lows: 8241. Application of this article. The provisions of this article do not apply to the department of public instruction, Mount Hope commission or the board of trustees of public library. ch. 121, 4. Section two hundred and eighty-seven of said chapter is $ 287 hereby amended to read as follows: $287. Powers and duties of city engineer. It is the duty of the city engineer to perform all engineering and surveying serv amended. § 289, as § 300 amended. § 301 amended. ices needed in the affairs or business of the city, and of the departments, boards, bureaus and offices thereof; to supervise and inspect, under the general direction of the commissioner of public works, the construction, lighting and other improvements of the public streets, highways and places; the construction required in connection with the water works, sewers, drains, and all other public improvements and works; the construction, alteration and repair of municipal buildings. He must act as superintendent of municipal buildings, under such regulations as may be prescribed by ordinance of the common council, except buildings used exclusively by the department of public safety, the department of parks, or any of the bureaus thereof. He must prepare ordinances for public improvements and work as directed by the common council, and make estimates, plans and specifications therefor; and furnish the necessary statements, descriptions and maps for the use of the assessors, and perform such other duties as may be prescribed by ordinance of the common council. § 5. Section two hundred and eighty-nine of said chapter, as amended by chapter one hundred and twenty-one of the laws of nineteen hundred and fourteen, is hereby amended to read as follows: § 289. Application of article. The provisions of this article do not apply to the department of public instruction, Mount Hope commission or the board of trustees of public library; but the common council may by ordinance direct the city engineer to perform engineering services for them or any of them. § 6. Section three hundred of said chapter is hereby amended to read as follows: $ 300. Commissioner of parks. The commissioner of parks is the head of the department of parks, and has the power to appoint to hold office during his pleasure a deputy, a superintendent of playgrounds and recreation, and such other subordinates as may be prescribed by the board of estimate and apportionment. § 7. Section three hundred and one of such chapter is hereby amended to read as follows: § 301. Powers and duties of commissioner. The commissioner has the control, care, management and maintenance of all the public parks and public squares within or belonging to the city and of the roads therein, except the furnishing of police protection therefor; and he has the power to cause the public parks and squares to be improved, extended and repaired, and to cause buildings, structures, lakes, roads and other works to be erected or constructed therein, and to maintain and keep in repair all buildings, structures, lakes, roads and other works erected or constructed therein, and to furnish amusements and attractions therein; and he may establish, and has the control, care, management and maintenance of playgrounds, baths, swimming pools and recreational, pleasure and athletic grounds, and recreational, pleasure and athletic activities and facilities, and of all buildings used exclusively for such purposes, but he may not establish the same on lands under the control of any other officer, board or bureau. Before a board, officer or bureau in control of lands establishes playgrounds, baths, swimming pools or recreational, pleasure or athletic grounds thereon, or recreational, pleasure or athletic activities or facilities thereon, the consent of the commissioner of parks must be obtained, and if established the commissioner has the control, care, management and maintenance thereof; provided, however, that the commissioner has not control of recreational, pleasure and athletic activities and facilities within school buildings, but he may at the request of the board of education manage and maintain the same; and the commissioner has the power and it * his duty to cause to be removed all trees and shrubs in the public streets, highways and places of the city which in his judgment or in the judgment of any of his subordinates to whom he delegates such power are or are likely to become dangerous or detrimental or an interference with or hindrance to the full use of the public streets, highways and places, and to cause to be pruned and trimmed all trees and shrubs in the public streets, highways and places, and to cause to be cut off, pruned or trimmed all limbs and branches extending or hanging over the public streets, highways and places. amended. § 8. Section three hundred and three of such chapter is hereby § 303 amended to read as follows: § 303. Bureau of playgrounds and recreation. The bureau of playgrounds and recreation is in the department of parks, and the chief officer thereof is the superintendent of playgrounds and recreation, and he has power with the approval of the commissioner to appoint to hold office during his pleasure such subordinates as may be prescribed by the board of estimate and apportionment. The superintendent of playgrounds and recreation under the direction and control of the commissioner has the control, care, man So in original. |