awarded.

and duties

of the report of the commissioners, or upon agreement with any peti- amount tioner for just compensation, direct the assessors to assess the amount awarded by the commissioners, or agreed upon as just compensation, as aforesaid, upon the real estate benefited. The assessors, upon receipt Powers of a copy of the resolution, in either of said cases, shall possess like of assespowers, and proceed in like manner to make said assessment, and to sors. make and subscribe an assessment roll thereof, to hear objections, correct amounts, and complete and file the assessment roll thereof, as is provided in said title ten of this act. All the provisions of title eleven Provis of this act shall apply to said assessment roll and the amount therein ions of tiassessed, and the same shall be collected and enforced as in said title to apply. eleven provided.

TITLE XIII.

MISCELLANEOUS PROVISIONS.

tle eleven

and bills

made out.

§ 139. The common council of said city shall not audit any account Accounts for services rendered, material furnished, or disbursements paid out in against such services, unless such account shall be made out in items, and city, how accompanied with an affidavit attached thereto, to be filed with such account, made by the person (or by one of the persons when more than one person is interested in any one bill), presenting or claiming the same, that the items of such account are correct, that the material furnished, and services and disbursements charged therein, have been in fact made, furnished and rendered, and that no part thereof has been paid or satisfied.

§ 140. No costs, fees, disbursements or allowance shall be recovered Costs or inserted in any judgment against the city of Auburn, or against city, how against any of its officers or authorized agents, when said city would be liable recovered to respond to such officer or authorized agent, unless the claim, whether arising on contract, express or implied, negligence or tort, upon which such judgment is founded, shall have been presented for payment to the common council of the city of Auburn at least thirty days before the commencement of an action thereon.

inhabit

witnesses,

etc.

tering of

§ 141. No person shall be an incompetent judge, recorder, justice, Compewitness or juror by reason of his being an inhabitant or freeholder in the the city of Auburn, in any action or proceeding in which said city is ants as a party interested. § 142. The mayor, or the chairman of any committee or special com- Adminis mittee of the common council, and each of the commissioners appointed oaths. or elected pursuant to the provisions of this act, shall have power to administer oaths or take affidavits in respect to any matters relating to the duties of their office, and any person who may be required to take any oath or affirmation, or to make any affidavit or statement under oath or affirmation, under or by virtue of any provision of this act, who shall, under such oath or affirmation, in any statement or affidavit, or otherwise, willfully swear falsely as to any material fact or matter, shall be guilty of perjury.

deemed a

expenses

§ 143. The said city, except as is otherwise in this act provided, City to be shall be considered one of the towns of Cayuga county. The expense town. of apprehending, examining, trying and committing offenders against Criminal any law of the state in said city, and of their confinement, properly charge chargeable against the county of Cayuga, shall be audited, allowed able to and paid by the board of supervisors of said county, in the same manner as if such expenses had been incurred in any town in said county of Cayuga.

county.

Service of § 144. When corporations, associations, copartners, joint-tenants or notices tenants in common, are to be served with a notice under any provision porations, of this act, or under the direction of the common council, it shall be

upon cor

etc.

Evidence of service

deemed a sufficient, valid and legal service of such notice to serve a copy thereof upon the president, cashier, treasurer, one of the directors, or the managing agent of such corporation or association, or upon any one of such copartners, joint-tenants or tenants in common.

§ 145. The affidavit of the service of any notice, under the the proof notices. visions of this act or under the direction of the common council, made by the person serving the same; or where the service is by publication, the affidavit of the publisher of the paper, the clerk, editor or foreman in his office, stating that such notice has been published the time required by law, and filed with the city clerk, shall be presumptive evidence of the due publication of such notice, and of such service in all courts and places, as shall be also certified copies of the same made by the city clerk.

Ordi

nance,

§ 146. Every act, ordinance, by-law, public regulation, resolution or etc., how proceeding of the common council of the city of Auburn, may be read in evidence in all courts and places in this state, either

read in evidence.

Polling

places and

1. From the record of the proceedings of the common council;

2. From a copy of such act, ordinance, by-law, public regulation, resolution or proceeding, certified by the city clerk, with the seal of the corporation affixed; or,

3. From the printed volume of ordinances, by-laws and public regulations printed by authority of common council.

§ 147. This act shall be considered a public act, and shall take effect immediately.

Chap. 54.

AN ACT supplementary to and explanatory of chapter fifty-three of the laws of eighteen hundred and seventynine, entitled "An act to revise the charter of the city of Auburn."

PASSED February 28, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The polling places now designated by the common counInspectors cil of the city of Auburn, and the inspectors of election for the respecfor ensu- tive wards in which such polling places are located, shall be legal and election. valid for each of said wards, for all purposes for the ensuing charter

ing city

election in said city. The said common council shall designate polling places and appoint inspectors of election for the second, eighth and tenth wards respectively, for said charter election, who shall procure copies of the register of voters of the respective wards as constituted before said act took effect, of which any portion of its territory is Register included in said three wards. The inspectors of election of the respective wards, a portion of which territory is included in said second, eighth and tenth wards, shall furnish three copies of said register of voters to the inspectors of election of each of said last named wards, and such register of voters shall be used at the ensuing charter election with the same legal effect in said three wards respectively, as if made

of voters for 2d, 8th,

and 10th

wards.

in altered

vote.

by the inspectors of election in said wards. Any qualified elector Electors residing at the time of the next charter election in any of the wards, wards, the boundaries of which have been altered by said act, may vote at where to said election in the ward in which he resides, provided he would have been entitled to vote in any of the wards & portion of which territory is included in, or taken from, said ward, the same as if said act had not taken effect.

sioners of

§ 2. At the next charter election to be held in said city the commis- Commissioners of charities and police shall be elected, one for one year, ard, one charities, for three years; and the constables shall be elected, two for one year, etc., and two for two years and two for three years.

Consta

bes.

terms, etc.

§ 3. The aldermen whose term of office will not expire in the year Aldereighteen hundred and seventy-nine, shall continue for their unexpired men, their term, each representing the ward in which he now resides, except Frederick Van Patten, who shall represent the third ward as now constituted. An alderman shall be elected at the ensuing charter election Election. in the fourth, ninth and tenth wards respectively, for the term of one year.

the peace,

§4. No justice of the peace shall be elected in said city until the Justice of annual charter election in the year eighteen hundred and eighty-two, w unless a vacancy occurs before that time in the office of the justice of elected. the peace whose term of office does not expire until January first, eighteen hundred and eighty-three, in which case a justice of the peace shall be elected to fill the vacancy for the unexpired term; but nothing in said act contained shall affect or impair the authority or jurisdiction of any justice of the peace now in office.

election

§ 5. The recorder shall be elected at the annual charter election in Recorder, eighteen hundred and eighty, and his term of office shall commence and term on the second Monday of April next succeeding such election, and shall ofoffice of. expire on the Monday after the first Tuesday in March in the year eighteen hundred and eighty-three.

act as po

tice.

tice of the

§6. The city judge, in case of a vacancy in the office of police jus- When city tice, or in case of his absence or inability, shall have jurisdiction to judge to and shall perform the duties of said office, and when engaged in the lice jusperformance of the duties of the police justice, or when unable to dispose of causes pending in the city court, may direct in writing any May dijustice of the peace of said city to perform the duties of city judge for rect jus the time being, and such justice of the peace, when so directed, shall peace to have and exercise the powers and jurisdiction of the city judge until te the city judge resumes his office. The justice of the peace so acting Compenshall receive three dollars per day, or at that rate for the time he shall sation. have been performing such duties, to be deducted from the salary of the city judge. The city judge, when performing the duties of police justice, shall receive three dollars per day therefor, to be deducted from the salary of the police justice.

his duties

fire com

§ 7. The said common council, on Monday after the first Tuesday Appointof March, eighteen hundred and seventy-nine, shall appoint three fire ment of commissioners, one for the term of one year, one for the term of two missionyears, and one for the term of three years.

ers.

ascertain

debt of

§ 8. The said common council shall ascertain on or before the first Common day of April, eighteen hundred and seventy-nine, the amount of the council to floating debt of said city, which has accumulated prior to the first day floating of February in said year, including the amount due to the board of education, for moneys collected by said city and not paid to said board of education, and the amount necessary for the contingent expenses of said city, from the first day of February to the first day of August in

city, etc.

Issue of bonds for

payment thereof.

said year eighteen hundred and seventy-nine, and are hereby authorized and empowered to cause the bonds of said city of Auburn, to an amount not exceeding twenty thousand dollars, bearing interest not exceeding six per centum per annum, to be issued for the sole purpose of paying said floating indebtedness, the moneys due the board of education, and the current expenses of said city for the term named. Said bonds shall bear even date and be executed in such form, manner and amounts as the common council may direct, with interest payable annually or semi-annually, provided that they shall not be sold or disposed of by said common council, for less than their par value; and that one-half the amount shall be payable in five years, and the remainAnndaling one-half in ten years from their date. The said common council terest and may include in the annual city tax, the interest becoming due on said principal. bonds in each year, and shall add the amount of the principal of said bonds to the annual city tax in the years when they respectively become due and payable.

tax for

Tax for hose and truck

tracted

§ 9. The common council may include in the annual city tax for the year eighteen hundred and seventy-nine, the sum of seven house con- thousand dollars to pay for hose and truck house contracted for. Such sum having been voted affirmatively by the electors of Auburn, at an election held for the purpose of authorizing the said council to raise that amount for such special purpose.

for.

Police justice.

§ 10. The police justice of said city shall have and exercise the powers and jurisdiction conferred upon the recorder by said act and shall, Jury lists. With the mayor and city judge, on the second Tuesday of March, eighteen hundred and seventy-nine (instead of the time named in said act), make, certify, file and deposit jury lists from which juries shall be drawn for the city court, and for courts held by the police justice, and for the recorder's court, after a recorder is elected, until the first Tuesday of August, eighteen hundred and eighty-two.

Appointment of city officers.

Election, when to be held.

City ordi

nances.

Election of police

§ 11. The common council shall, at its first meeting after the charter election in eighteen hundred and seventy-nine, appoint the officers (except fire commissioners heretofore provided for) named in section twenty-nine of said act, whose term of office shall be one year.

§ 12. The election on the first Tuesday of March, eighteen hundred and seventy-nine, shall be held at such places as the common council shall appoint, of which at least three days' previous notice shall be given in two daily papers in said city by publication signed by the mayor and city clerk.

§ 13. The ordinances of said city shall continue in force and effect until amended or repealed.

§ 14. This act shall take effect immediately.

Chap. 55.

AN ACT to provide for the election of a police justice in the town of Waterford, county of Saratoga.

PASSED February 28, 1879; three-fifths being present.

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

SECTION 1. There shall be elected in the town of Waterford, in the justice. county of Saratoga, an officer to be designated the police justice o

office.

the town of Waterford. The said police justice shall be elected in the same manner as town officers of the town of Waterford, and shall hold Term of his office for two years from such election and until another shall be elected in his place, but no person shall hold the office of justice of Restricthe peace and that of police justice in said town at the same time.

tion.

ers and

§ 2. The said police justice shall qualify in the same manner and His pow shall possess the same powers in all criminal actions and proceedings duties. and be subject to the same duties and liabilities as justices of the peace in the several towns of this State.

§ 3. The said police justice shall attend to all complaints of a criminal nature which may be brought before him, and in case of his removal Removal from said town his office shall become vacant and another shall be from town appointed to fill his place in the same manner as justices of the peace are now appointed until the next annual town meeting in said town.

and fees

§ 4. No justice of the peace, judge or other magistrate or constable, Services or deputy sheriff, or other person residing or keeping his office in the of other said town of Waterford, shall be bound to render any service or entitled officers in to receive any fees in criminal cases except under the restrictions and cases. provisions hereinafter made.

criminal

warrants

1. The complainant before such judge or justice of the peace or other Issuing of magistrate, shall prove by his own oath or that of any other person, in in cases writing, that the said police justice is sick, absent from the town or other- of felony. wise unable to attend to such application, and if the offense charged be of the degree of felony, the said justice of the peace, judge or other officer to whom application shall be made, shall be bound to issue a warrant for the apprehension of the person charged with the commission of such offense, and the constable or deputy sheriff serving pro- Fees for cess shall be entitled to receive therefor the fees allowed by law to serving magistrates and officers for like service; but such warrant shall be Warrants, made returnable before the said justice, who shall conduct all the sub- how resequent proceedings therein.

process.

turnable.

and com

less than

2. If the applicant to any justice of the peace, judge or other magis- Services trate, shall apply for process against any individual charged with the pensation commission of any offense less in grade than felony, such justice of the in cases peace, judge or other magistrate, or constable, or other person serving felony. process, shall not be bound to render any services in the case, nor shall he receive any compensation for such services if rendered, unless at the time of making such application the said complainant shall prove by his own oath in writing, subscribed by him, or that of some competent witness, that the said police justice is sick, absent from town, or otherwise unable to perform the duties of his office. Any justice of the Fees of peace, judge or other magistrate residing in said town, and rendering magisservices under this section, shall receive the fees allowed by law for such services; which shall be audited by the board of supervisors; and To be dethe board of supervisors of the county of Saratoga, at the time of audit- from salaing the salary of said police justice, shall deduct therefrom all fees ry of poreceived by and allowed to other magistrates for such services rendered tice. during the absence of said police justice from the town of Waterford, as in this section directed.

trates.

ducted

líce jus

in felony

§ 5. In all cases of felony the said police justice shall keep an account Account of his services rendered, and shall present a bill of the same to the of services board of supervisors at their annual meeting, which shall be audited cases. by said board; and the amount so audited shall be taxed upon the county as a county charge, and credited to the town of Waterford, to assist in paying the salary of said police justice.