board, and upon such audit by the auditor, certified by him, under his hand, to such board, a sum or sums not exceeding, in the aggregate, five thousand dollars in any one week, may be drawn by the clerk of said board by orders or warrants made directly upon the city treasurer, who shall pay the same, when there are funds for the purpose, as is provided by section one hundred and fortyeight of this charter, as amended in eighteen hundred and ninety. Said auditor may examine, on oath, to be administered by him, Examinaany person, firm or corporation who presents an account, claim, due or demand, touching the validity of such account, claim, due or demand, and false swearing during such examination, shall be deemed willful perjury, and punishable as such, and said auditor shall not audit such account, claim, due, or demand where such person, firm or corporation, or the duly authorized agent or officer thereof, presenting the same shall refuse to submit to such an examination and oath. The said auditor shall make to the mayor Annual reand common council of said city, at the last meeting thereof in each fiscal year, a report, in writing, embracing a summary of the business transacted in his office during the preceding year.

§ 4. Section fourteen of said act is hereby amended so as to read as follows:

ports.

of election.

ment of

§ 14. Three inspectors of election for each ward or election dis- Inspectors trict in said city shall be elected at each annual charter election. The electors of each election district in said city shall be entitled to vote by ballot on the same ticket with other charter officers, for two electors residing in such election district to be inspectors of election for said district, and the two persons in each district receiving the greatest number of votes shall be two of the inspectors of election for such district at all elections to be held therein during the ensuing year. The board of inspectors of elec- Appointtion in each of said election districts shall, immediately after the additional inspectors. votes of such charter election shall be canvassed, appoint in writing, subscribed by a majority of said board, another inspector of election for each election district, to be associated with said two inspectors so elected, and who shall thereupon be one of the inspectors of election of such district. Such inspector shall be selected from the two persons in such election district who shall have the highest number of votes next to the two inspectors so elected. And no ballot for inspector shall be counted upon which more than two names shall appear. Not more than two inspectors

Poll clerks for one district shall belong to the same political party. The poll

and ballot

clerks.

Vacancies

in office of

clerks and ballot clerks in each election district shall be appointed by the inspectors of election as provided for in the new election code, and the several amendments thereto, the provisions of which are hereby declared to be applicable to said city.

§ 5. Section fifteen of said act is hereby amended so as to read as follows:

§ 15. In case any such inspector of election in said city shall of election. not be chosen or appointed as provided for in the preceding sec tion, or in case of the death, inability or refusal of any such inspectors to act or of his ceasing to be a resident of the election district for which he was appointed or elected, the common council must thereafter appoint another in his or their place by viva voce vote, and the person or persons thus appointed shall be inspector or inspectors of the election district for which he or they was or were so appointed.

General election

cable.

§ 6. Section sixteen of said act is hereby amended so as to read as follows:

§ 16. The conduct of elections, the duties of inspectors of elec law appll- tions, poll clerks and ballot clerks in and of said city shall be the same as provided for by the election code of the state of New York and the several amendments thereto, the provisions of which in respect thereto are hereby declared applicable to said city. § 7. Section seventeen of said act is hereby amended so as to read as follows:

Ballots and

ballotboxes,

Powers of council.

To regulate use of

§ 17. The ballots and ballot-boxes to be used at the charter elec tions of said city shall be the same as provided for by the election code of the state of New York and the amendments thereto, the provisions of which in respect thereto, are hereby declared to be applicable to said city. The common council shall provide such ballot-boxes for each ward or election district, with locks and keys, as are required by the provisions of the election code and the amendments thereto.

§ 8. Subdivision seven of section forty of said act is hereby amended so as to read as follows:

7. To regulate and prevent the use and encumbering of streets, streets, etc. avenues, walks, public squares, lanes, alleys, bridges, aqueducts, wharves, basins or slips in any manner whatever; to regulate the opening of street surfaces and connections with sewers, and the laying of gas, water pipes and mains and sewer connections; to

regulate and control the erection, construction, laying, stringing, maintaining and removing of all wires, cables, poles, conduits and subways, upon, over and under the streets, avenues, lanes, squares, parks, bridges, aqueducts and public places within said city; to prevent injury to public and private property and premises within Injury to property. said city and to cause all buildings, dwellings and business places to be numbered or renumbered on any and all streets, squares, Numbering avenues, parks, places, courts and alleys in said city at the cost ings. and expense of the owner thereof; to regulate the exhibition and Handbills, distribution of advertisements or handbills within said city.

§ 9. Subdivision twenty-one of section forty of said act is hereby amended so as to read as follows:

of build

etc.

certain

21. To license, regulate and control scavengers, chimney sweeps, Licenses to expressmen, cartmen, porters, hack, cab, truck, omnibus and stage Fersons. owners and drivers, and the owners and drivers of all vehicles used for hire in the city of Rochester, for the transportation of passengers and merchandise, goods or articles of any kind, and to require the owners of all such carts, carriages and vehicles, to mark the same in such manner as the common council may designate, and fix the rates of compensation to be taken by them; to license and regulate sextons and undertakers for burying the dead; to license and regulate butchers, hawkers, peddlers, common criers (bill posters), and runners for stages, railroads, taverns and other houses, junk-shop dealers, pawnbrokers and dealers in second-hand articles, and the business of pawnbrokerage; to prescribe the terms and conditions upon which any such license shall be granted, and to prohibit all unlicensed persons from acting in such capacities, and to exact a license fee aforesaid, in such an License amount as the said common council shall deem reasonable, not exceeding, however, five hundred dollars per year from any pawnbroker, and not exceeding fifty dollars a year from any other of the persons above enumerated, except that a fee of not exceeding ten dollars, for each wagon, carriage or vehicle used in any of the business aforesaid may be charged for any one year; to license Licenses to and regulate bill posters and bill distributors, and sign advertis. etc." ing, and to prescribe the terms and conditions upon which any such license shall be granted, and to prohibit all unlicensed persons from acting in such capacity, and to exact a license fee afore said, in such an amount as the said common council shall deem reasonable, not exceeding, however, one hundred dollars per year.

fees.

bill posters,

City treasurer's

Mt. Hope.

10. Section seventy-six of said act is hereby amended so as to read as follows:

$76. The city treasurer shall receive and deposit in one or duties as to more of the savings banks, or the trust and safe deposit companies in the city, of good standing, all moneys from the sale of lots and other sources, and also all penalties collected for violations of city ordinances in relation to Mount Hope, and shall pay all expenses incurred at Mount Hope, by making his check upon such savings banks, or the trust and safe deposit companies, which check in all cases shall be countersigned by two or more commissioners. The city treasurer may, under the direction and with the consent of said board of commissioners, invest any of said moneys in bonds of the city of Rochester, county of Monroe, or state of New York.

Street encroach

§ 11. Section one hundred and sixty-four of said act is hereby amended so as to read as follows:

$164. In every case where a street in said city has been or ments.pro- shall be encroached upon by any fence, building or otherwise the

ceedings

for re

moval of.

Service of

resolution

etc.

executive board may cause the same to be surveyed and the extent of such encroachment ascertained and may, by resolution, specifying the nature of such encroachment and the extent thereof, require the owner or owners, if known, and if unknown, the occupant or occupants of the premises so encroaching or adjoining such encroachment, to remove the same within such time as shall be specified in such resolution, which time shall not be less than ten days from the service of such resolution as hereinafter provided. A copy of such resolution shall be served on the on owners, owner or owners of the premises so encroaching or adjoining such encroachment, if he or they live in said city, personally or by leaving a copy of such resolution at his or their residence with some person of suitable age and discretion; if such owner or owners do not live in said city, but have an agent living in said city, whose appointment is in writing and whose name is entered in a book to be kept by the city clerk for that purpose, then a copy of such resolution shall be served on such agent personally, or at his residence, by leaving the same with some person of suitable age and discretion; if such non-resident owner does not have such an agent then a copy of such resolution may be served on any tenant in possession of said premises, and a copy thereof shall also be sent by mail addressed to such owner or owners at his or their

failure to

encroach

residence, if the same is known or can be ascertained with reasonable diligence; and if there be no such tenant, service by mail alone, as aforesaid, shall be sufficient; if there be no tenant in possession and the owner or owners of such lands, or his or their residence, be unknown and can not be ascertained with reasonable diligence, then such service may be made by posting copy of such resolution in a conspicuous place upon the premises encroaching or adjoining such encroachment. The service afore said shall be made by such person as said board may direct. If such removal shall not be made within the time specified in such Penalty for resolution the owner or occupants of said premises shall forfeit remove and pay to said city the sum of five dollars for each and every day that such encroachment shall continue unremoved after the time mentioned in said resolution for removing the same. And the said board may remove, or cause to be removed, such Board encroachments, and may collect of such owner or occupant all removal. reasonable charges therefor, with costs, in any court having jurisdiction of civil actions, and upon a judgment rendered in such action execution may issue against the person of the defendant in said action. No encroachment upon any street, alley or lane of Adverse said city, however long continued, shall constitute an adverse possession to or confer any rights upon the person or persons claiming thereunder as against said city. This section and the last preceding section shall apply to alleys as well as streets.

§ 12. Section one hundred and seventy of said act is hereby amended so as to read as follows:

ments.

may make

possession

assess

improve

$170. Whenever by order of the common council any new Local street or alley shall be laid out, opened or worked in said city, ments for or any sewer, tunnel, drain, vault or bridge shall be extended to ments. and beyond the city limits, or any other public improvement is to be made, it shall be the duty of the common council to determine what portion, if any, of the expense thereof ought to be paid from the public treasury, and what portion, if any, ought to be paid by a local assessment, and to direct that the whole expense to be paid by a local assessment be assessed upon all the lots and parcels of land to be benefited thereby, in proportion to the benefit which each will derive therefrom. The common council may maintain, improve, Powers of embellish and protect any public park, square or area in said to parks, city, and grade, sewer and pave the streets and alleys, and

council as

streets, etc.