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CHAP 48.

AN ACT to amend chapter three hundred and sixty-five of

the laws of eighteen hundred and sixty-five, entitled “An act to incorporate the city of Lockport,” and the acts amendatory thereof.

PASSED April 7, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Title two of chapter three hundred and sixty-five of the laws of eighteen hundred and sixty-five, entitled “An act to incorporate the city of Lockport," and the acts amendatory thereof, is hereby amended as follows:

At the end of said title, there shall be added two new sections, to be called sections thirty and thirty-one which shall read as follows, to wit:

$ 30. At the first regular meeting of the common council sub- Police sequent to the annual election to be held for the year eighteen hundred commisand eighty-two, as prescribed in this act, or at some subsequent be meeting, and as soon thereafter as may be, it shall be the duty of appointed. said common council to appoint, on the nomination of the mayor, as provided in section one of this title, two police commissioners of said city, who shall hold their offices for one year, and until their successors shall respectively be appointed and shall qualify, one of whom shall be a member of each of the two principal political parties at the time of such appointment; and said common council shall also, at the same time and in like manner, appoint two other police commissioners of said city, who shall hold their offices for two years, and until their successors shall respectively be appointed and shall qualify, one of whom shall be a member of each of the two principal political parties at the time of such appointment; and at the first regular meeting of said common council subsequent to each annual election to be held thereafter as prescribed in this act or at some subsequent meeting, and as soon thereafter as may be, it shall be the duty of the said common council, in like manner, to appoint two police commissioners of said city, who shall hold their offices for two years, and until their successors shall respectively be appointed and shall qualify, one of whom shall be a member of each of the two principal political parties at the time of such appointment.

Each person so appointed must be, at the time of his appointment, Qualificaa resident and elector of said city, and shall, before entering upon the tions of. discharge of the duties of his said office, take the oath prescribed by the constitution of this state, before the mayor or some officer authorized by law to take affidavits, and file the same with the city clerk.

Each of said commissioners may resign his office, in the same Resignamanner, and with like effect, as other officers of said city appointed tions of. by the said common council on the nomination of the mayor may do. No member of the said common council shall, during the period for which he was elected, be appointed a police commissioner.

The removal from the city of any person so appointed police commissioner shall render his office vacant from the time of such removal.

Removal of, from office.

Upou specific charges being preferred, the common council shall have power, by a vote of a majority of all its members in office, to remove from office any such commissioner after giving to such commissioner a copy of the charges against him, and an opportunity to be

heard in his defense. Vacancies. If a vacancy shall happen in the said office of police commissioner,

either by death, resignation or otherwise, the said common council shall fill the same by appointment in the same manner as hereinbefore specified of a person who shall be a member of the same political party as his predecessor in office, whose term of office shall be for the

then residue of the unexpired term of his predecessor. Board of § 31. The said police commissioners shall collectively constitute police.

the board of police of the city of Lockport. They shall organize by electing one of their number president of said board, and the city clerk

of said city shall be ex-officio clerk of said board. Quorum. Any three of said commissioners shall constitute a quorum for the

transaction of all business that may be brought before them. Powers of. Said police commissioners shall have power to enforce within said

city the laws of this state relating to the police thereof, and each of them shall have the power to issue subponas, attested in the name of the president of said board, to compel the attendance of witnesses upon any proceedings authorized by this act, and the rules aud regulations herein provided for; and each commissioner is hereby authorized to administer oaths and affirmations to any person summoned or appearing in any matter or .proceeding authorized as aforesaid, and to take any deposition necessary to be made under the rules and regulations of said board of police, or for the purposes of this act; and in case any person subpænaed under this section shall fail or refuse to obey such subpæna, or refuse to take when required the proper oath or affirmation, or to answer any proper question, the said board of police shall have the same power to compel the attendance and punish

disobedience as justices of the peace have in like cases. By-laws, Said board of police may adopt rules, by-laws and regulations for

the government of the police force of said city. Meetings. Said commissioners shall meet at the common council chambers in

said city, at such times as may be necessary and expedient, and as they shall from time to time designate and appoint, and on such special occasions as the mayor or any two of said commissioners may appoint in writing, notices of which shall be served on each commissioner; and said commissioners shall perform the duties of their respective offices, without any compensation, reward or salary therefor from said city; and if any of said commissioners shall be elected mayor or alderman of said city, then the common council shall proceed as in case of vacancy; and any commissioner who shall be publicly nominated for such mayor or alderman, and shall not, within ten days after being notified thereof, publicly decline the same, shall be deemed to have

vacated his said office of police commissioner. Appoint- For the purpose of providing a permanent and effective police force policemen. in and for said city, it shall be the duty of said board of police, npon be

ing organized as aforesaid, or as soon thereafter as may be, to elect from among the residents and electors of said city and appoint, by warrant of appointment, bearing the signatures of at least three of said commissioners, and to be immediately filed in the office of the city clerk, eight permanent policemen of said city and also to elect and appoint, in like manner, one officer, to be known and designated as chief of police of the city of Lockport.

etc.

office of present

Said election and appointment of said chief of police and policemen shall each be made by an affirmative vote of at least three of said 'commissioners.

The chief of police and policemen in office at the time of the adop- Terms of tion of this section shall remain in office until the chief of police and policemen, provided to be appointed by this section, shall be appointed officers. and shall qualify as hereinbetore directed, but not for a longer period than the first day of June, eighteen hundred and eighty-two.

Said board of police shall promulgate through said chief of police Control of all rules, regulations and orders to the whole police force, and said police chief of police shall have the immediate direction and control of said police force, subject, however, at all times to the rules, regulations and orders of said board, and to the orders of any member thereof; provided that the orders of such single commissioner do not conflict with the rules, regulations and orders of said board then in effect.

Such chief of police and policemen appointed in the manner afore- Terms of said shall hold office during good behavior ; but such board may decide, by an affirmative vote of any three of its members, that said chief of police or any policeman is incompetent, or is guilty of any misconduct, they may, by an affirmative vote of any three of said commissioners, remove such chief or policeman from office, and appoint in his place and stead some other person, in the same manner above provided.

Any of said commissioners, at any time upon charges being pre--Suspenferred or upon finding said chief of police or any policeman guilty of of 'memany misconduct, shall have power to suspend such chief or policeman bers of from service, until the board of police shall convene and take action force. in the matter; provided, that such chief or policeman shall not remain suspended for a longer period than twenty days without an opportunity to be heard in his defense; and upon hearing the proofs in the case, said board may, by a vote of not less than three of its members, discharge and remove from office, or restore such officer; and the salary of such officer so suspended shall cease from the time of such suspension, unless such board shall otherwise order, in their written decision to be filed with the city clerk ; and any willful violation of any of the rules, regulations or orders of said board, or any superior officer, shall be good and sufficient cause for the removal om office of such chief of police or policeman. Whenever any charges Copy of of misconduct or incompetency shall be made against such chief or any be served. policeman, he shall be served as soon thereafter as may be, with a copy of the charges against him, and notice of a time and place at which ho shall have an opportunity to be heard in his defense.

The salary of the chief of police is hereby fixed at the rate of one Salaries. thousand dollars per year; and the salary of each policeman at the rate of six hundred dollars per year.

Wherever in this act the term “police constable" is used, it shall be construed and held to mean a policeman appointed as hereinafter pro- bies vided.

8 2. Section thirteen of title two of said chapter three hundred and sixty-five of the laws of eighteen hundred and sixty-five is hereby amended so as to read as follows:

$ 13. All officers elected or appointed under this act, except alder- oficial men, justices of the peace, police justices and chief of police and police beheronmen, shall hold their offices for one year, and until their successors cers, etc. shall qualify ; but the common council may remove for cause any officer appointed by them, and appoint another in his stead ; who shall

* Police consta

attorney, eto.

hold until the expiration of the term of his predecessor, subject to the like power of removal by the common council.

§ 3. Section seventeen of said title two of said chapter three hundred and sixty-five of the laws of eighteen hundred and sixty-five is

hereby amended so as to read as follows : City clerk, 8 17. At the first regular meeting of the common council subse

quent to each annual election as prescribed in this act, or at some subsequent meeting, and as soon thereafter as may be, it shall be their duty to appoint, upon the nomination of the mayor, as provided in section one of this title, one city clerk, one city attorney, one city surveyor, one superintendent of streets, one city sealer of weights and measures, one chief engineer of the fire department, and two assistant engineers of the same, one fire marshal, one city physician, and four fire wardens, one of which wardens shall reside in each ward, all

of whom shall hold their offices for one year, in the manner provided Watch- in this act. The mayor and common council shall have power to ap

point at any time they may consider the same necessary for the public interest, so many watchmen and special policemen as they may deem necessary, all of whom shall hold their offices at the pleasure of the common council ; said special policemen and watchmen shall have no salary or compensation from the city treasury, but the expenses of the same shall be paid by the person or persons for whose immediate benefit the appointment shall be made, but the persons 80 appointed may recover, as compensation, any sum agreed so to be paid to them, respectively, by the parties interested.

§ 4. This act shall take effect immediately.

men.

CHAP 49.

AN ACT making a deposition of the structures of the Chenango

canal, and of the material removed from the Utica weighlock pier ; and to repeal section three of chapter three hundred and fourteen of the laws of eighteen hundred and eighty-one, entitled “An act making an appropriation toward the erection of a monument to General Herkimer and his associates in the battle of Oriskany."

PASSED April 7, 1882; by a two-third vote. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Superin- SECTION 1. The superintendent of public works is herebyoauthorized tendent to and directed to sell at public auction such of the material in the locks,

bridges, aqueducts and other structures of the Chenango canal, as have auction.

not been heretofore disposed of, and as are not required by the State in maintaining said canal for feeder purposes, upon giving public notice of not less than ten days of the time and place of such sale, to be published daily in the State paper at Albany, and in such other newspapers published in the counties where such property is situate,

not exceeding three in each county. Stone to be

$2. The said superintendent is hereby authorized to give to the

Oneida Historical Society at Utica the stone taken from the Utica historical society. weigh-lock pier in the Erie canal, or so much thereof as may be re

quired by said society, provided the said society will, at its own cost

rial at

given to

and expense, take possession of and remove the same immediately upon its being taken from said pier by the canal authorities. In case said society shall refuse or neglect to remove the same, said stone or any portion thereof, with the other material taken from said pier, and not required by the State, shall be sold by said superintendent at the same time, and in the same manner as the structures of the Chenango canal, às provided by the preceding section.

$ 3. Section three of chapter three hundred and fourteen of the Act laws of eighteen hundred and eighty-one, entitled "An act making an repealed. appropriation toward the erection of a monument to General Herkimer and his associates in the battle of Oriskany,” is hereby repealed.

$ 4. This act shall take effect immediately.

CHAP 50.

AN ACT to amend chapter four hundred and seventy-five of

the laws of eighteen hundred and eighty-one, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations.”

PASSED April 7, 1882 ; three fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. That portion of chapter four hundred and seventy-five $30,000 for of the laws of eighteen hundred and eighty-one, entitled “ An act the New making appropriations for certain expenses of government, and supply- Asylum for ing deficiencies in former appropriations," which is in the following at Batavia. words, to wit: “For the New York State Asylum for the Blind, at Batavia, for the construction of boiler-house and laundry, and the purchase of heating and other apparatus for the same, thirty thousand dollars, or so much thereof as may be necessary, to be expended on vouchers to be approved by the comptroller,” is hereby amended so as to read as follows, to wit: “For the New York State Institution for the Blind at Batavia, for changing the present carriagehouse and barn, and fitting up the same, for use as boiler-house and laundry, the purchase of heating and other apparatus for the same, and the erection of a building for carriage- house and barn, and improvements connected therewith, thirty thousand dollars, or so much thereof as may be necessary, to be expended on vouchers to be approved by the comptroller.” $ 2. This act shall take effect immediately.

CHAP. 51.
AN ACT in relation to the supreme court library, located at

Delhi.

PASSED April 7, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The justices of the supreme court of the sixth judicial Librarian district, or a majority of them, shall appoint a librarian for the su

appointed.

to be

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