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Chap 95. AN ACT in relation to extending the time for the collection of taxes in Oswego county.

PASSED March 20, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The collectors of taxes of the several towns and wards of Oswego county, are hereby authorized to avail themselves of the benefits of chapter twelve of the laws of eighteen hundred and seventynine, entitled "An act to authorize the extension of the time for the collection of taxes in the several towns of this State," provided a copy of the bond and the approval thereof, as required by said act, shall be delivered to the county treasurer of said county within ten days after the passage of this act.

§ 2. This act shall take effect immediately.

Chap. 96.
AN ACT to release to Joseph de Sallier the right, title and

interest of the people of the State of New York in and to
the real estate of which Emerance du Fort died seized,
and to confirm his title to the same.

PASSED March 20, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the right, title and interest of the people of the State State title of New York in and to the real estate situate in the county of Jefferson released. or elsewhere in this State, whereof Emerance du Fort died seized and possessed, are hereby released unto and vested in Joseph de Sallier, his heirs and assigns, forever, and the title of the said Joseph de Sallier to said real estate is hereby confirmed, and he may hold the same notwithstanding his alienage, and without requiring him to file any deposition of his intention to become a citizen of the United States.

§ 2. Nothing herein contained shall be construed to impair or affect Proviso. the rights of any other devisee, heir or any purchaser or creditor by mortgage, judgment, or otherwise.

§ 3. This act shall take effect immediately.

Chap. 97.
AN ACT to release the right, title and interest of the people

of the State of New York in certain real estate, in the city
of Brooklyn, to Patrick McGarry and Mary Coggy.

PASSED March 20, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly,

do enact as follows: State title SECTION 1. All the right, title and interest of the people of the State Brooklyn of New York of, in and to the lands and real estate situate, lying and released. being in the Eighth ward of the city of Brooklyn, of which Timothy

McGarry died seized, and which is more particularly described in a deed from William H. Washburn and wife to Timothy McGarry, dated September twenty-second, eighteen hundred and sixty-eight, and recorded in the office of the register of the county of Kings, in liber eight hundred and forty-eight of conveyances, at page sixty-eight, is hereby released to Patrick McGarry and Mary Coggy, and they and each of them, their heirs and assigns, are empowered to hold and

convey the same as if they were citizens of the United States. Proviso. 82. Nothing in this act contained shall impair or affect the right in

said real estate of any heir-at-law, devisee, purchaser or creditor.

S 3. This act shall take effect immediately.

Chap. 98.
AN ACT to amend chapter two hundred and twenty of the

laws of eighteen hundred and sixty-six, entitled "An act
to amend the charter of the village of Saratoga Springs,"
and the several acts amendatory thereof.

PASSED March 20, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Subdivision fifty-eight of section twenty-five of chapter two hundred and twenty of laws of eighteen hundred and sixty-six, entitled "An act to amend the charter of the village of Saratoga Springs," and the several acts amendatory thereof, is hereby amended

to read as follows: Auctions 58. To prevent all public auctions in the streets or on the sidewalks, in streets, whereby crowds are collected, and the streets and sidewalks are there

by obstructed, and generally to make all such rules, regulations, By laws by-laws and ordinances for the good government and order of said and cordi village as the said board of trustees may deem expedient and proper,

not repugnant to the laws and constitution of this State, or the United Penalties States, and to enforce the due observance thereof, by inflicting such

penalties on any citizen or inhabitant thereof, or other person or persons, for the breach of any by-law or ordinance of the said board, not exceeding one hundred dollars for any one offense, recoverable with cost in action, and in the name of said village, in any court

lor viola. tions.

having cognizance thereof, with cost of suit, in which action the first process may be by warrant; nor shall any exemption be allowed thereon except necessary bedding, wearing apparel and cooking utensils, in which action it shall be lawful to declare generally in debt for such penalty, and to give the special matter in evidence; and further, that for the purpose of enforcing the by-laws of the board of Imprisontrustees against offenders, who have no goods or chattels, lands or ment. tenements, whereof such penalties can be made or collected, it shall be lawful for the court, before whom any such offender shall be duly convicted, to cause such person to be imprisoned for a term not exceeding thirty days, in the jail of the county of Saratoga, and that upon trial Compeor examination, or a judicial investigation of any issne, matter of fact, tensy of or anything whatsoever arising under this act or by-laws of said trus- tants as

jurors,etc. tees, no person shall be deemed incompetent as judge, juror or witness reason that he is an inhabitant of said village. It shall be the duty Publicaof the board of trustees of said village, on or before the first Monday of tion of byMay in each year, to designate two newspapers of different politics, tices, etc. having the largest circulation in said village and none other, in which all by-laws, official notices, reports, proceedings or advertisements shall be published, and any person who shall willfully violate any such by- Willful vilaw shall be guilty of a misdemanor, punishable by a fine not exceed - Durationsor ing two hundred and fifty dollars, or imprisonment not exceeding six months, or to both such fine and imprisonment.

§ 2. All acts or parts of acts inconsistent with this act are hereby repealed.

83. This act shall take effect immediately.

Chap 99.
AN ACT to reorganize the fire department and create a

board of fire commissioners for the government of the
same for the city of Cohoes.

Passed March 21, 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 a board of fire commissioners in and for Board of the city of Cohoes, to consist of four commissioners, and the mayor of tire.comsaid city chosen at the next charter election hereafter shall be one ex-ers. officio on and after the tenth day of March, eighteen hundred and eighty, and the other four shall always consist of four persons who shall at the time of their appointment be legally qualified to vote for city officers at any charter election in said city, and the mayor shall President always be ex-officio president of said board and preside at all meet- of board. ings, when present on and after the tenth day of March, eighteen hundred and eighty; but in case of his absence, the said board may choose one of their own number to preside, who shall have power to sign warrants for the payment of accounts, when the mayor shall be absent from the city more than ten days.

8 2. The mayor of the said city shall, within five days after the Appointpassage of this act, appoint four persons who are duly qualified as pro- list.com vided by this act, and file a certificate of such appointment with the missioncity clerk, and said appointees, together with the mayor, who shall ers.

terms.

commis. sioners.

have been elected to the office of mayor at the next charter election, after the passage of this act, shall constitute the board of fire conimissioners. And within five days after the appointment of the four persons as above provided by the mayor, they shall appoint a fifth person who is duly qualified, who shall be president of said board until the next mayor shall have been elected and have become duly qualified as such mayor, and such president shall have the same powers as by this

act are conferred upon the mayor as president of this board. Designa- § 3. The fire commissioners appointed by the mayor, as provided in tion of

the preceding section of this act, shall assemble at the common council room in the city of Cohoes, within five days after their appointment, and shall then and there proceed to draw lots for their respective terms of office. The said lots shall be numbered one, two, three and four, to correspond with the terms intended to be designated thereby; and the term of office of the commissioner who shall draw number one shall expire on the thirtieth day of April, eighteen hundred and eighty-one; that of the commissioner who shall draw number two, on the thirtieth day of April, eighteen hundred and eighty-three; that of the commissioner who shall draw number three, on the thirtieth day of April, eighteen hundred and eighty-five; that of the commissioner who shall

draw number four, on the thirtieth day of April, eighteen hundred Term of and eighty-seven. And the term of office of every commissioner who ofico e shall hereafter be appointed pursuant to the provisions of this act shall

be eight years, except when such appointment shall have been made to fill a vacancy occasioned by any other cause than expiration of term

of office, it shall continue only during the residue of the unexpired Removals. term in which said vacancy shall occur. Any of said commissioners

and their successors in office, except the mayor who shall be ex-officio a commissioner (after the next charter election), may at any time be removed from office for neglect of duty or corrupt practices, by a twothird vote of all the members constituting the common council of said city after reasonable opportunity to be heard in their defense, and the reasons for such removal shall be specially entered, with the names of

the members voting therefor, on the minutes of said common council. Appoint. $ 4. The mayor of said city shall, on the third Tuesday in March, 1881, and eighteen hundred and eighty-one, and of every second year thereafter

on the third Tuesday in March, appoint one commissioner to succeed

the one whose term of office will expire on the ensuing thirtieth day of Confirma. April, subject to confirmation by a concurring vote of two-thirds of the

whole number constituting the common council, on or before the fifFailure to teenth day of April following; and in case the mayor shall have failed ab armor to appoint and the said common council to confirm on or before the

fifteenth day of April following, the said board of fire commissions shall have power to elect a member of the said board of fire commissioners for the full term. And if in like manner, within thirty days, the mayor does not appoint and the common council confirm, in case of vacancy from death, removal, removal from the city or resignation from office, the board of fire commissioners shall have power to fill such vacancy for the unexpired term, and the person so appointed shall take and file the constitutional oath of office on being notified by the clerk of said board of fire commissioners, and hold said office as if appointed

by the mayor and common council in the usual manner. Certifi- 8 5. The clerk of the common council shall transmit to every person pointment who shall hereafter be appointed a commissioner by the mayor and

ment in

there. after.

tion

ment of terms.

tions on commis

etc.

confirmed by the common council under and in pursuance of this act a certificate to that effect, and every such person within five days after Oath or the receipt of such certificate shall take the oath of office prescribed by come, and the constitution, and cause the same to be filed with said clerk; and mence. in case such person shall have been appointed to fill a vacancy, he shall immediately thereupon enter upon the duties of said office, and in all other cases on the first day of May after his appointment. No mem- City offiber of the common council, or any other city officer, shall be eligible eligibles to the office of fire commissioner at any election.

8 6. None of the commissioners appointed, or to be appointed under Restricthis act, shall receive any compensation for their services as such commissioner, nor be interested, directly or indirectly, in any contract for sioners. work done or supplies furnished under direction of said board of fire commissioners.

§ 7. The said board of fire commissioners shall have the power to Clerk. appoint a clerk of said board and fix his compensation, which shall not exceed fifty dollars per year for all his services as such clerk, and he shall serve during the pleasure of the board; the majority of said Quorum, board shall at any meeting thereof constitute a quorum for the transaction of business, but no resolution having in view directly or indirectly the expenditure of money, or the appointment of officers, firemen or employees, shall have any effect unless two-thirds of all the members of said board shall vote for the same, and said board shall Rulos. make such rules and regulations for its government and the government of the fire department as they may deem advisable, and not inconsistent with the provisions of this act.

8 8. For the extinguishment of fires in said city the said board of Chief and fire commissioners shall, from time to time, appoint from the exempt engineer. or active fireman* of said city one chief engineer and two assistant engineers to serve during the pleasure of the board, and shall prescribe their duties, except as provided in section twelve of this act. And the said board of fire comissioners shall have power to establish Fire comsuch steam fire engines, hose and hook and ladder companies as they www. deem necessary for the protection of the city. But no company organized under the provisions of this act shall exceed twenty members; and if in the judgment of said board of fire commissioners it shall be deemed necessary, all or any part of such apparatus may be drawn by horses. The said board of fire commissioners shall, in their Officers discretion, appoint the following complement of men for each of the dire. forging * companies; for steamers, one engineer, one fireman, and one driver and not exceeding twenty hosemen: For hook and ladder trucks, one driver, and one tillerman and not exceeding twenty ladder men: Hose companies, one driver, and not exceeding twenty hosemen. Such companies shall be entitled to elect the following officers annually : One foreman, two assistants, one secretary, and one treasurer subject to confirmation by said board of fire commissioners, who also shall have power to remove them for cause. The officers and men to serve when alarmed, with or without compensation as the said board of fire commissioners shall determine. The persons so appointed as Who to hereinbefore provided, including the chief and assistant engineers, fire des shall be known as the firemen of the city city* of Cohoes, and together partment. with the said board of fire commissioners shall constitute the fire department of said city, and shall hold their respective places and Tenure of appointments during good behavior, and the said board of fire com- ofice.

med.

* So in the original.

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