the expense thereof ought to be paid from the public treasury, and the same may be so paid in accordance with the provisions of this act, and the balance collected by assessment, as hereinbefore provided.

§ 47. The fifty-sixth section of said chapter two hundred and thirty of the laws of one thousand eight hundred and fifty, and the fiftyseventh section thereof as amended by section eight of chapter one hundred and thirty-three of the laws of one thousand eight hundred and fifty-eight, are hereby made portions of this act, and read as follows:

measures

vention of

§ 56. The board of trustees, for the purpose of guarding against the Precaucalamities of fire, shall have power to regulate the construction of chim- tionary neys, so as to admit chimney sweeps, aud to compel the sweeping of for prechimneys, and to prevent dangerous construction and condition of fires. chimneys, fire-places, hearths, stoves and stove-pipes, ovens, boilers and apparatus used in any buildings, and to cause the same to be removed or placed in a safe condition when considered dangerous, and to enter or cause others to enter houses and other buildings for such purposes at all proper times, to prevent the deposit of ashes in unsafe places, to require the inhabitants of said village to provide fire buckets, Powers of and in such manuer and times as they shall prescribe, and regulate and trusthe use of them in times of fire, to authorize the president, trustees tees at or other officers of said village to keep away from the vicinity of any fire all idle or suspicious persons, and to compel all persons to aid in the extinguishment of fires and the preservation of property exposed to danger thereat, and generally to establish such regulations for the Regula prevention or extinguishment of fires as the board of trustees may deem expedient.

president

tires.

tions.

appara

and fire

§ 57. The board of trustees shall procure fire engines and other ap- Fire enparatus used in the extinguishment of fires, and have the charge and gines and control of the same, and to provide fit and secure engine-houses and tus. other places for keeping and preserving the same, whenever the money for such purpose shall have been duly voted to be raised by tax, as provided in section twenty-seven of said act, and not otherwise; and shall Fire comhave power to organize fire, hook, hose, ladder, axe, bucket and bag com- panies panies, and to appoint a suitable and competent number of able and men. respectable inhabitants of said village firemen, to take the care and management of the engines and other apparatus and implements used or provided for the extinguishment of fire; to prescribe the duties of Rules, firemen, and to make rules and regulations for their government, and t to impose such reasonable fines and forfeitures upon said firemen for a violation of the same, as the said board of trustees may deem proper; and for incapacity, neglect of duty, or gross misconduct, to remove and disband them, and appoint others in their place.

§ 48. The fifty-eighth section of said chapter two hundred and thirty of the laws of eighteen hundred and fifty is hereby amended so as to read as follows:

tions, etc.

firemen

ant mili

§ 58. The firemen appointed by virtue of this act, or the act hereby Exempamended, shall, during the term of service as such, be exempt from to serving on juries and the militia, except in cases of war, invasion or from jury insurrection. The na.ne of each person appointed a fireman shall be ti serregistered with the clerk of said village, and the evidence to entitle vice. such fireman to the exemption, as provided in this section, shall be the certificate of said clerk, made within one year of the time at which the exemption is claimed.

Ibid.

Board of

health.

§ 49. The fifty-ninth section of said last-mentioned act is hereby amended so as to read as follows:

§ 59. Every fireman who now or hereafter shall have faithfully served as such in the village of West Troy, for the term of five years, shall thereafter be exempt from serving on juries and the militia, except in cases of war, invasion or insurrection, and the evidence to entitle such person to the exemption, as provided in this section, shall be a certificate signed by the president and attested by the clerk.

§ 50. The sixtieth section of said last-mentioned act is hereby amended so as to read as follows:

§ 60. The board of trustees shall on or before the first day of May in each year, appoint three commissioners (who shall be electors of said village and not members of said board of trustees) as a board of health for said village, and whose term of office shall expire at the date of the then next annual election. Said board of health shall designate one of their number as presiding officer thereof, and the clerk of the village shall be the clerk of said board, and keep minutes of the proceedings thereof. The said board of trustees shall also, when they deem officer. it necessary, appoint a competent physician to be health officer of said

Clerk.

Health

board of health, who shall hold his office at the pleasure of said board. of trustees, but not beyond the then next annual election unless reQuorum. appointed. A majority of said board of health shall be competent to Report of transact any business thereof. Every practicing physician who shall infectious have a patient, within the village of West Troy, suffering under any diseases. infectious or pestilential disease, shall forthwith make report thereof

in writing to the clerk of said board, and for neglect so to do shall be Powers of deemed guilty of a misdemeanor. Said board shall possess and exercise all the powers and authority of boards of health in any of the villages or cities of this State as provided by general statute.

board.

Tax for salaries.

commit

tees.

§ 51. The sixty-first section of said last-mentioned act is hereby repealed, and the following substituted therefor:

§ 61. The board of trustees of the village of West Troy shall cause to be raised by tax, at the same time and in the same manner as taxes for other purposes in said village are raised, all funds necessary to pay the salaries of village officials provided for by this act.

§ 52. The sixty-second section of said last-mentioned act is hereby repealed, and the following substituted therefor:

Standing § 62. The president of said village shall, at the first regular or stated meeting of the board of trustees, after the day upon which he shall have taken and filed his oath of office, nominate the following standing committees, namely: Accounts, fire, ferries, railroads, finance, burial-grounds, water-works, printing, assessment, streets, law, police, lamp and gas. Each of such committees shall consist of three trustees, except the street committee, which shall be composed. of one trustee from each of the wards of said village, together with the president who shall be chairman thereof. Such committees, when so nominated, and at the same meeting, shall be either approved or amended by the said board of trustees, and when so approved or amended shall be and remain such committees for the then ensuing year, except any member of such committee so appointed shall cease to be a member of said board of trustees, or shall at his own request be excused from further service on any such committee by a vote of the said board of trustees. Any vacancy in such standing committees shall be filled at the then next regular or stated meeting of said board of trustees in like manner as an original appointment.

Vacan

cies.

Repeal.

§ 53. The sixty-third, sixty-fourth, sixty-fifth, sixty-sixth, sixty

seventh, sixty-eighth, sixty-ninth, seventieth, seventy-first, seventysecond, seventy-third, seventy-fourth and seventy-fifth sections of said last-mentioned act are hereby repealed, and the seventy-sixth section thereof amended so as to read as follows:

consta

§ 76. The constables of said village shall, in addition to the duties village specifically imposed upon them by this act as amended, have the same bles. powers and rights, and be charged with the same duties and responsibilities as constables elected in towns.

§ 54. The seventy-seventh section of said last-mentioned act is hereby repealed, and the seventy-eighth section thereof is hereby amended so as to read as follows:

act of 1836.

§ 78. The act entitled "An act to incorporate the village of West Repeal of Troy, and for other purposes," passed April thirtieth, eighteen hun- portion of dred and thirty-six, except sections one, two, twenty-seven, twentyeight and twenty-nine of the same is hereby repealed, but the repeal Proviso. of said act shall not affect any act done or right accrued or established, or any proceeding, suit or prosecution had or commenced previous to the time when such repeal shall take effect, but every such act, right or proceeding, shall remain as valid and effectual as if said act had remained in force.

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

effect.

§ 56. This act, so far as the same relates to any change in the officers Act when of said village, or the method of choosing the same, shall take effect to take at the date of the next annual charter election held therein after the passage hereof, and in all other respects shall take effect immediately.

Chap. 53.

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:

TITLE I.

BOUNDARIES AND CIVIL DIVISIONS.

bounda

SECTION 1. All that part of the county of Cayuga now embraced in City the city of Auburn, bounded north by Throop and Sennett, east by Sennett and Owasco, south by Owasco and Fleming, and west by Fleming, and Aurelius, shall continue to be a city known by the name of Auburn.

§ 2. The said city shall be divided into ten wards, as follows:

FIRST WARD.

All that part of said city lying south of the centre of Genesee street, First and east of the centre of the Owasco river, shall be the First ward. ward.

SECOND WARD.

All that part of said city lying west of the centre of the Owasco Second river, south of the centre of Genesee street, east of the centre of Wil- ward. liam street to its junction with South street, and thence east of the centre of South street to the south line of the city, shall be the Second ward.

THIRD WARD.

Third ward.

Fourth ward.

Fifth ward.

Sixth

ward.

Seventh ward.

Eighth ward.

Ninth ward.

Tenth ward.

All that part of said city lying south of the centre of the Owasco river, north of the centre of Genesee street, and east of the centre of Washington street, shall be the Third ward.

FOURTHI WARD.

All that part of said city lying west of the centre of State street, north of the centre of the Owasco river, east of the centre of Washington street continued to Grant street, north of the centre of Grant street, to a line running to the centre of Washington street, and east of the centre of Washington street to the north line of the city, shall be the Fourth ward.

FIFTH WARD.

All that part of said city lying west of the centre of North street, north of the centre of the Owasco river, and east of the centre of State street, shall be the Fifth ward.

SIXTH WARD.

All that part of said city lying west of the centre of Grant avenue to its junction with Franklin street; thence north of the centre of Franklin street, west of a line running from the centre of Franklin street south between the city hall building and engine-house to the centre of the Owasco river, north of the centre of the Owasco river, and east of the centre of North street to the north line of the city, shall be the Sixth ward.

SEVENTH WARD.

All that part of said city lying north of the centre of Aurelius avenue, north of the centre of Wall street, west of the centre of Washington street to Grant street, south of the centre of Grant street to a line running to the centre of Washington street, and west of the centre of Washington street to the north line of the city, shall be the Seventh ward.

EIGHTH WARD.

All that part of said city lying north of the centre of Genesee street, west of the centre of Washington street, south of the centre of Wall street, and south of the centre of Aurelius avenue to the west line of the city, shall be the Eighth ward.

NINTH WARD.

All that part of said city lying south of the centre of Genesee street, west of the centre of William street to its junction with South street, and thence west of the centre of South street to the south line of the city, shall be the Ninth ward.

TENTH WARD.

All that part of said city lying east of the centre of Grant avenue to its junction with Franklin street; thence south of the centre of Franklin street, east of a line running from the centre of Franklin street south, between the city hall building and engine-house to the centre of the Owasco river, north of the centre of the Owasco river, and north of the centre of Genesee street, shall be the Tenth ward. The electors of seventh of the territory embraced in the preceding seventh and eighth wards, wards, until after the next apportionment by the legislature and board of suhow to pervisors, shall continue to vote for members of assembly as electors of member of the respective wards to which they have heretofore belonged, the same assembly. as if this act had not been passed, but for all other purposos they shall

Electors

and eighth

vote for

vote as electors of said seventh and eighth wards. There shall be provided in each of said last-named wards two boxes to receive the ballots of said electors for members of assembly, in one of which shall be put all ballots cast by electors heretofore residents of the third and seventh ward, and in the others all ballots cast by electors heretofore residents of the fourth ward.

TITLE II.

CORPORATE NAME AND POWERS.

name and powers

§ 3. The inhabitants residing in said city shall be a corporation un- Corporate der the name of "The City of Auburn," and by that name may sue and be sued, make and use a common seal, take by gift, grant or purchase, and hold and convey such real and personal property as the purposes of such corporation may require, and be vested with and have power to hold and convey all property now owned by the city of Auburn.

TITLE III.

CITY AND WARD OFFICERS AND THEIR ELECTION.

officers.

§ 4. The officers of said city shall be a mayor, city clerk, city treas- City urer, recorder, city judge, two commissioners of charities and police, a justice of the peace, six constables and three assessors, to be elected by the city at large; and in each ward a supervisor, an alderman, and as ward many inspectors of election as are authorized by statute in election dis- officers. tricts.

§ 5. The term of office of the mayor, city clerk, city treasurer, com- Terms of missioners of charities and police, and aldermen shall be two years office. each; of assessors and constables, three years each; and of the recorder, city judge and justice of the peace, four years each.

election.

§ 6. An election shall be held in said city on the first Tuesday of Annual March, in each year hereafter, at such places as the common council shall appoint, of which six days' previous notice shall be given, in two Notice. daily papers of said city, by publication signed by the mayor and city clerk.

districts

§ 7. The several wards shall constitute the election districts for all Election state, general and other elections to be held in said city-except for adicts the election of school commissioners-and the inspectors of election spectors. elected or appointed under this act shall be inspectors of all such elections, and all provisions of law applicable to election districts, and to General inspectors of election therein, shall apply to said wards and said in- apply.

spectors.

laws to

tion of voters.

§ 8. Every inhabitant qualified by law to vote at a general election, Qualificawho shall have resided in said city for thirty days next preceding the election at which he offers to vote, shali be entitled to vote in the ward in which he resides, for all officers to be elected by virtue of this act; provided, however, that no person shall be entitled to vote for ward officers unless he shall have been a resident of the ward for thirty days next preceding the election. Any person may be challenged in Chalthe same manner and with like effect as at a general election.

lenges.

to give

to inspect

§ 9. Of every election to be held under this act, the city clerk shall City clerk give notice, in writing, to the inspectors of the several wards in said notice of city, at least twenty-five days previous to the day of election; and elections said inspectors shall proceed as provided by the general laws of the ors. State in relation to elections other than town. They shall provide Ballot two ballot boxes to be marked or labeled "city," "ward," respec- ballots. tively; the ballots containing the names of persons for city officers

boxes and