Mayor and aldermen may issue criminal warrants.

CHAP. 211.

AN ACT to amend chapter one hundred and eighty-four of the laws of eighteen hundred and eighty-one, entitled "An act to revise the charter of the city of Yonkers."

PASSED May 24, 1882; three-fifths being present. *

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

SECTION 1. Section five of title three of chapter one hundred and eighty-four of laws of eighteen hundred and eighty-one, entitled" An act to revise the charter of the city of Yonkers," is hereby amended so as to read as follows:

§ 5. The mayor or any alderman, upon complaint being made to him under oath, may issue a warrant to any police officer to arrest any person charged with the violation within the city of any law of the state or ordinance of the city, and take him for examination or trial before the mayor, city judge or acting city judge. Such warrant may be executed at any place within the state. The city judge, or acting city judge, upon such process being returnable to him, or the prisoner arrested by virtue thereof being brought before him, shall acquire jurisdiction, and proceed with the case to the same extent and in the same manner as if such process had been originally issued by him. Whenever any person shall be arrested by the mayor for any offense, or on process originally returnable before himself he may, by an order in writing, transfer the case to the city judge, who shall thereupon have jurisdiction, and proceed in the same manner and to the same extent as if such person had been arrested on process originally issued by him; or the mayor may proceed to examine any such person, and commit him for trial or discharge him according to law.

§ 2. Section six of title three of said act is hereby amended so as to read as follows:

Duty of

OF THE CITY CLERK.

§ 6. The city clerk shall be the clerk of the common council, and city clerk. keep a record of its proceedings. He shall accurately keep proper books of city accounts. He shall have the custody of the corporate seal, and of all papers required by any provision of law, or by the common council, to be filed in his office, or kept by him. He shall sign all licenses and keep record thereof, be clerk of all commissioners appointed under title seven, perform all the duties of clerks of towns not inconsistent with this act, and shall have power to take affidavits relating to the city. He shall permit the records and papers on file in his office to be seen and examined by those interested. In case of sickness, absence or dsiability of the city clerk to act, the common council may appoint a city clerk pro tempore, who during such sickness, absence or disability shall perform the same duties and possess the same powers as the city clerk.

§ 3. Section seventeen of title three of said act is hereby amended so as to read as follows:

*Not returned by the governor within ten days after having been received by him, and became a law without his signature May 24, 1882.

OF THE CONSTABLES.

§ 17. The constables shall have the same powers and perform the Duty of same duties as constables of towns, and shall be entitled to like fees constables. therefor. Before entering upon the duties of his office, each constable shall execute, with two sureties to be approved by the mayor, an instrument in writing, and file the same with the city clerk, by which said constable and his sureties shall jointly and severally agree to pay, to each and every person who may be entitled thereto, all such sums of money as said constable may become liable to pay on account of any warrant, execution or other precept which shall be delivered to him for service or collection, and that he will faithfully perform the duties of his offices. All actions on any such instrument shall be prosecuted within one year from expiration of the constable's term of office; and an action may be maintained thereon by and in the name of any person entitled to money collected by virtue of such warrant, execution or precept, or who may have sustained damages by default or misconduct of such constable. A copy of such instrument, certified by the city clerk, under the corporate seal of the city, shall be presumptive evidence in all courts of this state of the execution of the same by the constable and his sureties.

§ 4. Section twenty-four of title three of said act is hereby repealed. § 5. Section twenty-six of title three of said act is hereby amended 80 as to read as follows:

All pro

of taxes.

§ 26. The receiver of taxes shall receive all taxes and assessments of receiver for the collection of which warrants shall be issued to him. visions of law relating to collectors of towns, not inconsistent with this act, shall apply to the receiver of taxes, except that he is not required to call personally upon or at the place of residence of any person to demand payment of a tax or assessment, and that he shall not levy taxes or assessments by distress and sale. The receiver of taxes shall deposit daily in the city treasury all moneys received by him by virtue of any warrant, and to take receipts in duplicate therefor.

§ 6. Section twenty-nine of title three of said act is hereby amended so as to read as follows:

taxes.

§ 29. Within fifteen days after the time specified in any warrant for its Return of return, or if the time of its return be extended, then within fifteen unpaid days from the time to which its return shall have been extended, the receiver of taxes shall make and deliver to the common council a return of all taxes or assessments mentioned in the tax-roll or assessment-list remaining unpaid at the time of making such return; and upon making oath that the sums mentioned in said return remain unpaid, he shall be credited by the common council with the amount thereof. Two per centum shall be added to the several sums of unpaid taxes and assessments so returned, which shall become a part of and be collected with such unpaid taxes and assessments, and shall go to the credit of the city. The receiver of taxes may receive payment of taxes and assessments under such warrant until the delivery of said return to the common council.

§ 7. Section three of title four of said act is hereby amended so as to read as follows:

§3. The common council is hereby empowered to levy and raise Annual money by tax, to be assessed upon the property, real and personal, tax. liable to taxation within the city, and upon the stockholders of banks and banking associations organized pursuant to law, and located within

the city, to be collected from the several owners of any real or personal property, and from such banks or banking associations, not to exceed in any one year as follows:

Purposes. 1. The sum directed by the board of supervisors of Westchester county to be levied within said city for state, county and other general purposes.

Redemp

2. To defray the ordinary and contingent expenses of the city, a sum not exceeding fifty thousand dollars.

3. For police, the sums authorized by law.

4. For principal and interest on the indebtedness of the city, the sum actually falling due within the ensuing year.

§ 8. Section thirteen of title five of said act is hereby amended so as to read as follows:

§ 13. The common council may issue bonds of the city, to be known tion bonds. as redemption bonds," to the amount of the purchase-money of the several lots and parcels of lands purchased for the city. Such bonds shall be issued from time to time, in such denomination, bear such interest not exceeding the legal rate, and mature at such times, not exceeding three years from their date, as the common council shall determine. They shall be sold for not less than their par value, or temporary loans may be obtained upon the same, and the proceeds thereof shall be used exclusively for payment of said purchase-money. All moneys received from the redemption of lands, or the assignment or sale of certificates of sale, or leases of lands purchased for the city, and any other revenue derived by the city from such lands, shall be held and applied exclusively for the payment of such redemption bonds. If the money so received shall not be sufficient to pay such redemption bonds, as they become due, the common council may issue additional redemption bonds; equal to the amount of deficiency existing between the moneys so received and the amount of such bonds so maturing. § 9. Section one of title six of said act is hereby amended so as to read as follows:

Meetings,

etc.

Power to purchase Jands, erect

buildings,

etc.

OF THE COMMON COUNCIL.

§ 1. The aldermen shall constitute the common council of the city. It must meet on the day next after each annual election. It must hold its annual meeting on the Tuesday next after the fifteenth day of April, and stated meetings at least once in each month. Special meetings may be called by the mayor or any three aldermen, by appointment in writing to be filed with the city clerk, and notice thereof shall be served as the common council shall by ordinance prescribe. The mayor, when present, shall preside at all such meetings. At its annual meeting, or as soon thereafter as practicable, the common council shall elect by ballot one of the aldermen as president of the common council, who shall preside at its meetings when the mayor is absent, and shall possess the powers, perform the duties of and act as mayor during vacancy in the office of mayor, or while the mayor is absent from the city or is unable to act. A vacancy in the office of president of the common council shall be filled by the common council by ballot. In common council the president shall vote as alder

man only.

§ 10. Title six of said act is hereby amended by adding at the end thereof, as an additional section, the following:

11. The common council shall have power, by a two-thirds vote of all its members, to purchase or lease such lands and to erect such buildings as may be necessary for city purposes, and to construct public docks, wharves and piers, and to make and execute bonds of

the city for the amount of such purchase-money, and the cost of erecting such buildings, docks, wharves and piers, to the extent of twenty thousand dollars. Such bonds shall be of such denomination, bear such interest not exceeding the legal rate, and mature as the common council shall determine, provided, nevertheless, that not more than five thousand dollars of such bonds shall become payable in any one year. Said bonds shall be signed by the mayor and city clerk, and sealed with the city seal. The common council is hereby authorized to raise by tax such sums of money as shall be necessary pay the interest on the said bonds and the principal thereof, which sum shall be in addition to all sums otherwise authorized to be raised by tax. The common council, by a vote of twothirds of its members, shall have power to sell at public auction to the highest bidder, after a notice of six successive weeks in the official city newspapers, any real estate belonging to the city, except the Manor Hall property, the property acquired in providing for a supply of water for the city, the lands purchased by the city under sales for non-payment of taxes or assessments, and to appropriate the proceeds thereof toward the purchase or improvement of other property or city purpose, for the payment of the bonded debt of the city.

§ 11. Section five of title seven of said act is hereby amended so as to read as follows:

signing

$5. The persons who shall sign a petition for any such improvement Liability shall be chargeable with, and are liable for, all expenses which may be of persons incurred thereon, if the same is refused by the common council; and petitions the amount of such expenses, after being audited and allowed by the improvecommon council, may be recovered against such persons jointly or ments. severally, by action in the name of the city of Yonkers.

§ 12. Section ten of title seven of said act is hereby amended so as to read as follows:

for

comple

report.

§ 10. After the report shall be completed, it shall be deposited with Proceedthe city clerk. The commissioners shall then cause to be published ings on in one or more of the official city newspapers a notice that the report tion of has been completed and so deposited, and that they will meet at the time and place therein to be specified, not less than ten days from the first publication of such notice, to review their report. During such time the said report may be examined, free of expense, by all interested, and, at the time and place so specified, any such person may be heard thereon, and may present objections thereto in writing, accompanied with such affidavits as he may think proper. The commissioners shall, as soon as convenient thereafter, review their report, correct the same where they shall deem proper, and file it with the city clerk. At the time of filing said report the commissioners shall also file a certificate of their proceedings, which may be read in evidence, and shall be presumptive evidence as to the facts therein stated.

to be

In case of any alteration of an assessment or award being made, after Notice of such hearing, they shall, before filing their report, cause to be pub- alteration lished in one or more of the official city newspapers, for two success- published. ive weeks, a notice that such report has been altered and deposited. with the city clerk, and that at a time and place therein stated they will meet to hear and receive objections thereto, and as often as such alteration is made, like notice shall be given. At the time and place mentioned in such notice, the commissioners shall attend and hear and receive objections and affidavits on behalf of any person whose award or assessment shall have been altered. The expense caused by such Ibid. alteration shall be assessed by the commissioners, and shall not be

ation.

deemed an alteration of an assessment so far as to require publication Of confirm of the notice thereof. The common council must then cause to be published in one or more of the official city newspapers a notice that the report has been completed and filed, and that application to have the report confirmed will be made to the county court of the county of Westchester, or to the supreme court at a special term thereof to be held in the judicial district in which said county shall then be situated, at a time and place to be specified in said notice, not less than ten days from the first publication thereof. The city clerk, on or before the day of the first publication of such notice, shall deposit a copy thereof in a post-office of the city, paying the postage thereon, addressed to each person named in such report as the owner of property assessed for benefit, or to whom an award is made for damages. Any such person may appeal from said report, by notice in writing, to be served on the city clerk at least six days before the time at which application is to be made to have the report confirmed. Such notice must be accompanied with copies of the objections and affidavits which have been delivered to the commissioners, and also with a statement in writing of the grounds of objection to such report, and of the manner in which it is contended the same ought to be altered.

Copies to be served by mail.

§ 13. Section twenty-four of title seven of said act is hereby amended so as to read as follows:

Proceedings to discontinue streets.

OF THE DISCONTINUANCE OF STREETS.

§ 24. Upon the petition of six or more residents of the city, and owners of a freehold estate therein, liable to taxation, the common council may discontinue any public street or highway, or part thereof that shall appear to it unnecessary. Such petition must contain a description of the street or highway, or part thereof proposed to be discontinued, and be accompanied by a map showing the street or highway proposed to be discontinued, and its connection with other streets or highways; or if only a part of a street or highway, then its connection with the remaining portion. Before acting thereon such petition. and map must be deposited with the city clerk, and the common council must cause to be published in one or more of the official city newspapers, once a week, for three successive weeks, a notice that such petition has been received and that a map showing the proposed discontinuance, and a description of the street or part of street proposed to be discontinued, has been deposited with the city clerk, and that upon a day to be stated in such notice, at least twenty days after the first publication thereof, it will, if it deem proper, order such discontinuance to be made. Unless a majority of the owners of land fronting on such street shall, on or before the day specified in said notice, remonstrate against such discontinuance, the common council, by a vote of threefourths of all its members, may upon the day specified in such notice, or upon a subsequent day to which the matter may be postponed, order such discontinuance by an order in writing, signed by the city clerk, approved by the mayor, sealed with the corporate seal and filed in the city clerk's office with the map accompanying such petition. The lines of the street shall thereupon conform to the change made by such discontinuance. The common council may, as a condition for the granting such order of discontinuance, require the owners of the land within the street or part thereof to be discontinued, to pay the expense of such proceeding.