street, thirteen hundred and fifty feet, to the place of beginning, shall be known as the city of Elmira.

§ 2. Section twenty-nine of said act is hereby amended so as to read as follows:

of.

§ 29. The common council shall have power to enforce observance Penalties of all provisions of this act by ordaining penalties to be incurred for ordaining, each and every violation of the same, not exceeding one hundred dollars for any one offense, to be recovered with costs in a civil action in any court having cognizance thereof, or to remit the same or any part thereof, but nothing herein contained shall be deemed to prohibit or Animals forbid the sale without suit of animals distrained or impounded accord- distrained, ing to the provisions of this act, for penalties incurred, or in the costs

by-laws

read in

of keeping and proceedings therein, nor the forfeiture or destruction Nuisances, of property determined or adjudged to be a nuisance, nor the sale of etc. property for assessment or other purposes, as provided in this act. Every ordinance or by-law imposing any penalty or forfeiture for a violation, and all by-laws and ordinances of the common council may Ordibe read in evidence in all courts and in all proceedings before any offi- pances or cer, body or board in which it shall be necessary to refer thereto, either may be from a copy certified by the clerk, with the corporate seal affixed, or evidence. from the volume of ordinances printed by authority of the common council; and such volume, containing the printed certificates of the city clerk that the same was printed by authority of the common council of said city, shall be presumptive evidence that said volume was printed by such authority. And all persons violating any of said Violations ordinances, or by-laws, or any of the provisions thereof, shall be of ordideemed guilty of a misdemeanor.

nances, etc., declared a

§3. Section forty-five of said act is hereby amended so as to read misdeas follows:

meanor.

§ 45. The city clerk shall keep all papers, books and records belong City clerk, ing to said city, appertaining to the duties of his office; he shall act duties of. as clerk of the common council, of the mayor, and of the finance committee, and shall attend all the meetings of the common council and of said committee; he shall countersign all orders drawn on the city chamberlain, and all licenses granted by the mayor and common council, and keep a correct record thereof; he shall keep an exact account of all moneys drawn on the city chamberlain in a book or books to be provided for that purpose by the city, and upon what funds such moneys shall have been drawn, a correct account of the several moneys of the different funds required to be raised by the common council for the current year, and report to said common council, at the first regular meeting held in each month, a correct statement of the amount of money drawn from each fund, and the amount remaining therein; he shall also report to the city chamberlain on the first of each month, a detailed account or statement of all orders drawn on said chamberlain the previous month, giving number, name, and to whom payable, upon what fund drawn, for what purpose, and the amount. His office is Office dehereby declared a town clerk's office for the purpose of depositing and cared a filing therein all books and papers required by law to be filed in the clerk's town clerk's office, and he shall possess all the powers, and discharge certain all the duties of a town clerk, except so far as the same is inconsistent purposes. with other provisions of this act. He shall have the same power to Clerk may administer oaths, and take affidavits and acknowledgments within administer said city that justices of the peace have, for the purposes of the city, or for any officer or agent acting for the city, without any fee or Salary, charge therefor. The clerk shall receive an annual salary of such etc.

town

office for

oaths, etc.

amount as may be fixed by the common council, payable quarterly; and he shall not receive from the city, nor from any person or persons, any fee or reward for any service as clerk, except, as hereinbefore provided, and except that when certified copies of papers or records are required by any person or party except the city, he shall be entitled to ten cents a folío therefor, if required to make or write the copies himself; but any other person shall have the right to take copies of any records or papers of the corporation for evidence. He shall have an office, to be provided by the city, at the city hall or such other place as may be designated by the common council, which he shall keep open for the transaction of business of the city, between the hours of nine o'clock and twelve o'clock in the forenoon, and two o'clock and five o'clock in the afternoon of each day, except Sundays and tain hours, public holidays.

Clerk's

office to be provided by com

mon coun

cil.

Office to be kept open cer

except Sundays.

Manner of

Notice.

ment roll.

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

§ 52. All sums so directed to be raised by the common council shall assessing. be assessed on all real and personal estate in the said city according to the valuation of the same in the last preceding assessment roll which shall have been returned by the assessors of said city, and filed in the office of the clerk of the city. But before said tax shall be levied the said preceding roll shall be delivered to the assessors of said city, who shall give notice by publishing the same in all the daily newspapers published in said city for ten days that the same is left with them, and that they will meet at the city hall, or at some other central convenient place in said city, for fifteen days, exclusive of Sundays, commencing on the first Monday in April then next, and that they will attend from nine until twelve o'clock in the forenoon, and from two until five o'clock in the afternoon of each day, when said roll can be seen and examined by any person interested therein and that the said Correction assessors will review and correct the same. On the application of any of assess person considering himself aggrieved, it shall be the duty of said assessors to hear and determine all complaints, and to make all needful corrections in relation to such assessments appearing on said roll that may be brought before them. During the time that said assessors shall meet as aforesaid, any person assessed for property thereon who is not then the owner thereof and stating who is such owner before said assessors, who are hereby authorized to examine such person under oath, or to take his affidavit of the same, and on being satisfied that any property on said roll has changed owners since the assessment thereof, or that any other property thereon has been assessed against a person who is not the owner thereof, or that any property has been left off or is not on said roll which is liable to assessment and taxation within the said city, and for school purposes within the Union school district of said city, or in case any shares of stock in the banks of said city, or other corporations therein liable to taxation, shall have been omitted from said preceding assessment roll by mistake of the assessors or otherwise, or shall have been improperly assessed thereon against such bank or corporation by mistake or otherwise, the said assessors shall have power, and it shall be their duty, to correct such mistake, and enter on the assessment roll of the then current year said property and shares of stock against the rightful owners thereof, and persons and corporations liable to taxation therefor at the time of the assessment and completion of the assessment roll of the preceding year, in a separate column, at the valuation of the preceding year, and the same shall be assessed, and the taxes thereon levied and collected, additional to the

certifled

assessment and taxes thereon of the current year. When said roll shall Roll to be be completed the same shall be certified and sworn to by said assessors and sworn or a majority thereof, and delivered to the clerk of said city on or before to, etc. the first day of May then next, who shall report the same to the common council at its next meeting. Section forty-nine of this act, or as far as the same is applicable, shall apply to and be deemed a part thereof.

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

taxes in

§ 55. It shall be the duty of said chamberlain, upon all taxes Duties of remaining unpaid on the sixteenth day of October next succeeding chamberthe completion of the said assessment roll, or, in case of his inability tive to for any cause to attend to the duties thereof in person, he is authorized unpaid to appoint one or more competent persons, who shall possess all the October. powers of said chamberlain, to levy the amount of said tax, and an additional amount of five per cent, and also interest at the rate of seven per cent per annum, from the said fifteenth day of October, and the fees allowed for levy and sale on execution issued on justices' judgments, by distress and sale of the goods and chattels of the person assessed, or of any goods and chattels in his possession, wheresoever the same shall be found within said city. On or before the first day of December in each year, the said chamberlain shall transmit to the common council a true and correct account of all unpaid taxes in said roll, verified by his affidavit.

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

March.

§ 75. It shall be the duty of the said city chamberlain, upon all Ibid. in taxes remaining unpaid on the second day of March next succeeding the completion of the said assessment roll, or in case of his inability for any cause to attend to the duties thereof in person, he is authorized to appoint one or more competent persons, who shall possess all the powers of said chamberlain to levy the amount of said tax, with five per cent thereon, and also interest at the rate of seven per cent per annum from the first day of March, and the fees allowed for levy and sale on execution issued on justices' judgments, by distress and sale of the goods and chattels of the person assessed. The said city Moneys to chamberlain shall pay all moneys collected or received by him on any be paid such assessment roll, and belonging to the said county, to the county treasurer. treasurer on the first day of each month, and make return of all unpaid taxes in the same manner as town collectors are required by law, except that he shall not be required to make return of unpaid Return to taxes until the first day of May then next.

§ 7. Section eighty-two of said act is hereby amended so as to read as follows:

be made May 1st.

to

Notice to

be given

lands for

§ 82. Before taking or appropriating the land embraced within such improvement so ordered to be made, the common council shall give before notice of their intention to take and appropriate the lands necessary taking to make such improvement, by publishing a notice of such intention street imfor two weeks in the official paper of said city. Personal service of a provewritten notice on each and every owner of the land so proposed and ordered to be taken, shall be equivalent to and dispense with such publication.

§ 8. Section eighty-three of said act is hereby amended so as to read as follows:

ments.

Commissioners;

§ 83. The common council shall then give notice of an application appoint to be made to the county court of Chemung county, either in term or ment of.

vacation, or to a special term of the supreme court, in the sixth judicial district, for the appointment of three commissioners, who shall be freeholders and residents of said city, not residing on the street or adjoining the improvement to be made, and not interested in the land to be taken or assessed, to ascertain and determine the damages sustained by the several claimants, if any such claim shall have been made and filed, and to determine the sums to be allowed to such persons respectively, and to ascertain and determine what real estate will be benefited by such improvement, and to apportion and assess the same upon the several parcels of real estate benefited in proportion as near as they can to the benefits resulting to each. Such notice shall specify the time and place when and where such application will be made, and shall be published at least two weeks prior to the making of such application. Such application shall be made by the city tion to be attorney, and any person interested, either as tax payer or owner of land to be taken, may be heard on such application. If on such application no objection is made to the commissioners named in the notice, they shall be appointed. But if objection shall be made to the appointment of the persons named, or any of them, the court may, in its discretion, appoint three other proper persons such commissioners.

Notice to specify

place, etc., of applica

tion.

Applica

made by

city attor

ney. Commissioners

named in

notice to be appointed unless objected to.

Report of commissioners.

§ 9. Section eighty-five of said act is hereby amended so as to read as follows:

§ 85. The said commissioners shall ascertain and report a description of the several parcels of real estate required to be appropriated, with the names of the owners, if the same can be ascertained, and the compensation (if any) which should be made to them respectively therefor, what the whole expense will amount to, whether any, and if any, what part thereof ought to be borne by the city at large, and whether any, and if any, what real estate would be benefited by the improvements requiring the appropriation of such real estate, specifying the same in parcels, and describing the same with the names of the owners, if they can be ascertained, and the proportion and amount of benefit which each parcel would receive. In estimating the damages estimating sustained, or to be sustained, by any owner of land so taken or appropriated, the commissioners shall take into consideration the benefits, if any, which said improvement will be to other land owned by him, and deduct the same from his damages; and if such benefit shall exceed the damages the same shall be so specified in their report. The commissioners shall make and deliver to the common council their report within thirty days after they shall have received notice of their apportionment, unless further time shall be given them by the common council. They shall each receive two dollars per day for their services while actually engaged, besides all necessary expenses.

Rule of

damages.

Report to be made within thirty

days.

Compen

sation of commissioners.

Highway fund; disposition of.

City su

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

§ 96. The said highway fund shall be disbursed by said council, or by the city superintendent, under their direction, in the making, maintaining and repairing the roads, streets, highways, sewers and public squares and grounds in the city of Elmira. The pay or salary perintend- of the city superintendent, and of deputies who may be appointed deputies; under him for the purpose of working or improving the highways or salary of, bridges from time to time, shall at all times be paid out of said highway fund. No such deputy shall receive more than two dollars a day for the time he shall actually be employed, for his services.

ent and

etc.

§ 11. Section ninety-eight of said act is amended so as to read as follows:

bank of

creek.

§ 98. The common council shall have power to open a street or Streets, streets along the southerly bank of said river, or along the bank or opening banks of Newtown creek, through said city, or so far and of such southerly width as they may determine; and when such streets are opened they river and shall restore said banks, or either of them, if below their original Newtown height, by grading the same; and they shall have power and it shall be their duty to maintain the grade of streets and keep the same in repair, which serve to protect any part of said city from the overflow of the waters of said river, or of said Newtown creek. For the open- Proceeding of streets as aforesaid, the same proceedings shall be had as are thereon. provided for the opening of streets by the provisions of this act, and the expense of grading and keeping the same in repair may be borne out of the general street fund of said city, or, in the discretion of the common council, by a special tax as provided in section one hundred. § 12. Section one hundred and seven of said act is amended so as to read as follows:

ings

fees

lain

etc.

§ 107. The said recorder shall not receive for his own benefit any Recorder's fee for services performed under this act, but he shall demand and receive in all proceedings before him, and for all services rendered by him as such recorder, the fees provided by law, and all fees and charges which may be legally payable whenever any suit or proceeding pending before him shall be settled or dismissed by consent, including constables' fees. All such costs and fees, and all fines and penalties To be paid imposed, or other money collected by him, shall be paid to the city chamberchamberlain once in every month. The recorder shall keep an account monthly. of all such fees and fines, and of all criminal business done by him, Account which shall be a county charge, and shall annually, at the time of the to be kept, presentation of claims against the county of Chemung, make out and verify his account of all such business done by him against the county of Chemung, and present it to the board of supervisors of said county, which board shall audit it to the city of Elmira and levy the same as other county charges. The said recorder shall receive an annual salary salary. of twelve hundred dollars, which shall be paid to him in monthly installments by the city chamberlain of said city, on the first day of every month, except the time said recorder shall fail to perform the Office of, duties thereof, such time shall be deducted from his said salary, and to be prohe shall be entitled to the use and occupation of a suitable office, to vided by be furnished by the common council as provided in the second section council. of this title. The docket of said recorder shall contain a record or Recorder's docket; brief statement of all convictions and judgments before him, and what to shall be open to public inspection during office hours. This amend- contain. ment to take effect at the expiration of the term of office of present incumbent.

common

When

amendment to take

§ 13. Section one hundred and eighteen of said act is amended so fect. as to read as follows:

year to

Chamber

§ 118. The fiscal year of the city shall commence on the first Tues- Fiscal day in February; and it shall be the duty of the chamberlain to pre- commence sent to the common council, on the third Monday of February in each 1st Tuesday in year, a printed report for the preceding fiscal year, showing in detail February. the debt of the city, when payable, and the provisions for paying the lain to principal and interest, its receipts and expenditures, the actual cost report of maintaining the city government and keeping its property in the finanrepair, and also an estimate of the expenditures for the ensuing fiscal cial condiyear, and the means from which such expenditures are to be paid; city, etc.

annually

of