Charter amended. Willful injury to property, etc., how punished. dence. Chap. 32. AN ACT to amend chapter six hundred and fifteen of the laws of eighteen hundred and seventy-four, entitled "An act to incorporate the Oneonta water-works company, and to authorize the trustees of the village of Oneonta to take and lease lands and water for the purposes of said company," and the acts amenda tory thereof. BECAME a law February 20, 1894, with the approval of the Governor. Passed by a two-thirds vote. The People of the State of New York, represented in Senats and Assembly, do enact as follows: Section 1. Section fifteen of chapter six hundred and fifteen of the laws of eighteen hundred and seventy-four as re-enacted by chapter forty-one of the laws of eighteen hundred and eighty-one, and amended by section two of chapter one hundred and sixty-seven of the laws of eighteen hundred and eighty-two is hereby amended so as to read as follows: § 15. Any person or persons who shall maliciously or willfully destroy, injure or deface any of the works or property of said company; or who shall maliciously or willfully do any act which shall injuriously affect or tend to affect the waters of said company, shall be guilty of a misdemeanor and shall be punished by a fine or imprisonment or by both fine and imprisonment in the discretion of the court, and shall also forfeit and pay to the company treble damages sustained thereby to be recovered in the name of the company in any court having cognizance thereof, Presump with costs. It shall be presumptive evidence of willful or malicious intent for any person or persons to do or omit to do any act in or upon their own property or property in their possession or under their control, affecting or tending to affect the water or water supply used by said company, that they or any of them shall be requested to do, or forbidden or requested not to do by the board of health, or health officer or physician to or of any such board, or by the physician appointed or retained or acting for any such board of health in any of the towns where the works or property of said company may be located, or from which a supply of water may be obtained for use or distribution by said company, or from or through which or any part of which said supply of water may run. § 2. This act shall take effect immediately. Chap. 33. AN ACT to amend chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo." BECAME a law February 21, 1894, with the approval of the Governor. Passed by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended as to board of Section 1. Section three hundred and forty-eight of chapter one Charter hundred and five of the laws of eighteen hundred and ninety-one, l entitled "An act to revise the charter of the city of Buffalo," is hereby amended to read as follows: examiners. meetings. and ex § 348. The city shall provide a suitable place for the meetings Place for of the examiners, and also a place for holding the examinations, and shall furnish all necessary stationery and other supplies for Stationery the board. The expenses incurred by the board in carrying out penses. the provisions of this act, including salaries, shall be audited and paid like other accounts against the city, and shall be included in the expenses of the school department. § 2. This act shall take effect immediately. Chap. 34. AN ACT to amend chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo." BECAME a law February 21, 1894, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 'amended. Section 1. Sections seventy-seven, seventy-eight, seventy-nine, Charter eighty-two, eighty-six and two hundred and ten of chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo," are hereby amended to read respectively as follows: Action for collection §77. The city may recover by action the amount of every tax, with the additions and interest, unpaid on the first day of Novem. of taxes. ber, aforesaid, with interest thereon at the rate of twelve per centum per annum, and the further sum of five per centum upon Warrants for collection of taxes. To whom directed. warrants the amount of such tax, interest and additions, from the persons liable to pay the same, which shall remain unpaid for more than five months after the delivery of the rolls to the treasurer. Such action shall be brought by the treasurer in his name of office. The judgment obtained in such action, when docketed in the office of the clerk of Erie county, shall have priority over any other lien or incumbrance upon or transfer of the property charged with the tax for which such action was brought, and every purchaser or incumbrancer of said property, whose incumbrance, lien or transfer shall have been recorded before the commencement of the action, shall be made a party to said action. § 78. In case any taxes contained in said rolls shall not be paid before the first day of November aforesaid, and no action for the collection of the same be commenced, the treasurer may issue warrants containing transcripts of the taxes and assessments appearing on the rolls unpaid, with additions and interest, provided he has reasonable grounds for believing that the person or corporation against whom the tax stands unpaid has goods and chattels liable to levy and sale for such tax. § 79. Such warrants shall be directed to such person or persons as the treasurer shall appoint collector or collectors of unpaid taxes and assessments. Delivery of § 82. The treasurer shall not deliver to any collector a warrant restricted. or warrants authorizing the collection or receipt by him of taxes and assessments exceeding one-half of the amount specified in the bond or undertaking filed by him. Warrants, how made out. Dog licenses. § 86. The warrants issued by the treasurer for the collection of unpaid taxes and assessments, together with additions, shall be directed to a collector or collectors, by name, commanding him or them to collect and make the several taxes and additions above specified, with interest on each tax from the first day of November aforesaid, at the rate of twelve per centum per annum, together with fees, out of the goods and chattels of the person, corporation or association, opposite to whose name each tax is set down, by a levy and sale thereof, and make return thereon within thirty days. § 210. The superintendent shall, either personally or through the captains of the respective precincts, subject to such reasonable regulations as the board may from time to time, adopt; issue licenses to residents of the city who own or keep a dog or worn. license and tions for dogs, to permit such dogs to run at large within the city limits. Each dog must, at all times, wear a suitable collar, to which Collar to be shall be attached a tag or plate, to be furnished by the superintendent, bearing the number of the license issued for it, and all dogs so licensed shall be subject to such provisions of law or ordinances as may be enacted. Such licenses shall be for the Term of term of one year, and shall only be granted upon the payment in ree. advance of the sum of one dollar for each dog and two dollars for each bitch so owned or kept. It shall be the duty of every Applica person residing in the city, who owns or keeps such an animal, to licenses. apply to the captain of the precinct in which he resides, or to the superintendent, for a license for each such animal so owned or kept by him; and if such person fail to apply for and take out Penalty. such license within twenty days after being notified so to do by any member of the police force, he shall, for each offense, be liable to a fine of five dollars, to be sued for and collected in the municipal court of Buffalo, upon the complaint of the superintendent or any member of the police force, together with the cost of such proceeding. Any member of the police force is authorized to Destruc destroy, by any means other than poisoning, any such animal dogs. not duly licensed, and whose owner is not known or who fails to comply with this section. The superintendent shall keep a record Record. of the licenses issued, and shall deposit all fees received therefor Deposit of with the treasurer of the city, who shall credit the same to the fines. police pension fund. All fines collected under the provisions of this section shall be deposited to the credit of said fund. § 2. This act shall take effect immediately. tion of fees and Chap. 35. AN ACT to amend chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo." BECAME a law February 21, 1891, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. Section 1. Sections one hundred and eighty, one hundred Charter and eighty-one, one hundred and eighty-two, one hundred and eighty-three, one hundred and eighty Departmen's of police and excise. Depart ment of police. Board of police. Department of ехсіве Appoint ment of police com cease. four, one hundred and ninety-two, and two hundred and twenty eight of chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo," are hereby amended to read respectively as follows: 180. There shall be a department of police and a department of excise which shall have charge of all police and excise matters of the city. No person holding office under this title shall be liable to jury or military duty. § 181. The department of police shall consist of a board of police, a police force, and of such clerks and employes as are authorized by this title to be appointed. The board of police shall consist of the mayor, ex officio, who shall be the president of the board and preside at its meetings when present, and two commissioners of police, who shall be appointed as hereinafter provided. But nothing in this title contained shall be deemed or construed as making it obligatory upon the mayor to attend the meetings of said board of police, except when requested in writing by the commissioners of police or either of them. The department of excise shall consist of a board of excise, and of such clerks and employes as are authorized by this title to be appointed. The board of excise shall consist of the two com missioners of police, acting as commissioners of excise. § 182. Within thirty days after the passage of this act, the missioners. mayor of the city of Buffalo shall appoint two commissioners of police, who shall hold office for the terms of five and six years respectively, from the date of their appointment, and until their successors shall qualify and enter upon the duties of their office. The certificate of appointment shall designate the term for which each of said commissioners is appointed, whether five or six Terms to years. Upon the appointment and qualification of such commissioners of police, the terms of office of all of the present commissioners of police shall cease. One of said commissioners shall be designated by the board as acting commissioner. The acting commissioner shall, in the absence of the president, possess the power and perform the duties of the president, and shall serve as acting commissioner until his term of office as commissioner shall expire, or until another commissioner shall be designated as the acting commissioner. A commissioner of police shall thereafter be appointed by the mayor at the expiration of each Acting commissioner. |