message nances, sidered. proval of appropria thereon by common council, on or before the first day of June in each year, a gen- Annual eral statement of the affairs of the city, in relation to its finances, to council. government and improvements, with such recommendations as he may deem proper, and to recommend to the common council, from time to time such measures as he may deem necessary or expedient, for it to adopt in order to expedite or carry into effect any order, resolution, ordinance or act which it shall have passed. Every such order, Approval resolution, ordinance and act of which the mayor approves, shall have of ordihis approval indorsed in writing on a transcript thereof signed by him etc. officially. The transcript of every such order, resolution, ordinance and act of which he disapproves shall be returned by him to the com- Vetoes, mon council or clerk, with his objections in writing thereon or at- how recontached thereto, which shall be filed with the clerk, and the common council shall, at its next regular meeting after such return, proceed to reconsider such order, resolution, ordinance or act, and if the same be passed by concurring vote of two-thirds of all members of the common council then in office, it shall have full force and effect. If any order, resolution, ordinance or act, a transcript of which shall be pre- Disapsented to the mayor, shall relate to separate and distinct matters or to separate one or more items of appropriation or payment of money, the mayor items of may approve such order, resolution, ordinance or act and sign the tion, etc. transcript thereof as to one or more of said matters or items, specifying which, and disapprove as to the others. In such cases he shall annex to the transcript a statement of the matters or items of which he does not approve, with his objections thereto, and such matters or items shall not take effect unless reconsidered and passed by the com- Action mon council in the same manner as in the case of the mayor refusing council. to approve an entire order, resolution, ordinance or act. If any such transcript shall not be returned by the mayor to the common council Must act or clerk within five days after it shall have been presented to him, nances, Sunday excepted, such order, resolution, ordinance or act shall be of etc., within like force and effect as if duly approved by him, unless within such time his term of office shall have expired, in which case the same shall have no force. The mayor shall have power summarily to revoke, for Revocaviolation thereof, any license granted by the common council until its tion of next regular meeting, when the common council shall investigate the matter, and dispose of the same as they may deem fit. He shall have power to hear and entertain any complaint against any appointed offi- Complaints cer for misconduct or neglect of duty, and to suspend him until the conduct next regular meeting of the common council. He shall sign all ap- of officers, pointments to office made by the common council, and all warrants ordered by it for payment of money by the chamberlain; and when authorized by the common council so to do, he shall execute in behalf To execute of the city, all deeds, contracts and other papers to be executed as the tracts. act of the city. He is also empowered to enter, or cause to be entered, any house or building in which he suspects gambling or other illegal May enter practice to be carried on, or to be occupied by persons of ill-fame, or and disto which persons of dissolute, idle or disorderly character resort, and orderly arrest and hold, or cause to be arrested and held, all such persons and make found therein until they can be dealt with before some proper magistrate according to law. He shall have power within said city to administer oaths and take affidavits, and, on filing with the May take clerk of Steuben county, a certificate under the seal of the city, edgments signed by the clerk, of his election, and of the filing of his oath of of deeds, office, to take the proof and acknowledgment of deeds and other instruments therein, and may receive therefor the fees that are allowed upon ordi five days. licenses. for mis hearing of. city con gaming houses, arrests. acknowl etc. Council, when to appoint tempore. General by law to justices of the peace for like services, except from persons acting for or in the business of the city. In case he shall be unable to perform the duties of his office in consequence of sickness, absence from the city or other cause, or if there shall be a vacancy in his office, the common council shall select another of its number to preside at its mayor, pro meetings, and the presiding officer thus chosen shall be vested with all the powers and perform all the duties of mayor until the mayor shall resume his office, or until a vacancy shall be supplied according to the provisions of this act, except that he shall not have power to take the proof or acknowledgment of deeds or other instruments. The mayor shall possess all the powers and authority conferred upon the mayors of cities by any general statute of this State; he shall have power to arrest without process any person who shall, within his view in said city, be guilty of an offense triable by courts of special sessions or a violation of any city ordinance. The mayor may, when in his judgment the safety of person or property, or the good order of the city demands, designate one or more persons, by appointment in writing, to act as special policemen, as he shall deem necessary, and he shall report to the common council at the next meeting thereafter all the appointments so made and his reasons therefor; no such special policeman shall receive compensation from the city unless specified in such appointment. Such appointment shall be for no longer than two weeks with compensation unless approved by the board. powers of mayor. When to make ar rests with out process. May appoint special police. City recorder, term of office of. Oath of official bond. § 8. Title six of said act is hereby amended so as to read as follows: TITLE SIX. OF THE POWERS AND DUTIES OF THE RECORDER, JUSTICES OF THE PEACE SECTION 1. The recorder shall be elected by the electors of said city, as prescribed by section one of title two of this act, and shall hold his office for two years and until another is elected and qualified as herein provided, and shall be of the degree of counselor at law. Before entering upon the duties of his office he shall take and subscribe the usual oath of office, and file the same in the clerk's office of Steuben county, office and at which office his election shall be certified by the mayor and clerk of said city. He shall at the same time execute an instrument in writing, with two sureties, who shall be freeholders of the county of Steuben, to be approved by the mayor of said city, conditioned in the sum of three thousand dollars, that he will pay over all moneys received by him by virtue of his office as directed by law. Such instrument to be delivered to the mayor of said city, who shall immediately thereHis juris- upon cause such instrument to be filed with the clerk. He shall, except in cases of his absence from the city or inability from sickness, or other cause, to act, have jurisdiction exclusive of any justice of the peace or other officer of said city, except the judges of courts of record, to issue all criminal processes, and all process other than in civil actions or special proceedings, which a single justice or two justices of the peace in towns are empowered or directed by law to issue; to hear all complaints and conduct all examinations in criminal cases; to hold courts of special sessions with all the power and jurisdiction of such courts as regulated by law and the provisions of this act; and the additional power and jurisdiction is hereby conferred on said recorder, exclusive of any justice of the peace or court of special sessions, in the first instance to diction and pow ers. hear, try and determine all charges for misdemeanors, and also to hear, try and determine all charges for being disorderly persons under this act, charged to have been committed within the territorial limit of his jurisdiction, and to impose the punishment authorized by statutes for such offenses, subject to the power of removal provided in sections fifty-seven and fifty-eight of the Code of Criminal Procedure. Also to try and sentence all persons who may be found guilty of any offenses which are triable by said recorder's court, and to commit for trial all persons who shall be guilty of felonies not triable in said court, said recorder shall have power to let to bail persons charged before him, or by indictment with felony, where the imprisonment in the State prison on conviction, cannot exceed ten years. The recorder shall also have the same rights, power and May take authority, within said city, to administer oaths and take affidavits and edgments acknowledgments that justices of the peace now have. The said and affirecorder shall have the same jurisdiction, powers and authority as To have justices of the peace in civil actions brought by the city of Hornells- certain ville for the recovery of fines and penalties for violation of city ordi- justices of nances, and civil actions brought by the board of health for violation peace. of their rules and regulations. And said recorder shall have the same jurisdiction and authority as a justice of the peace in bastardy proceedings under the laws of this State. And said recorder and one Bastardy proceedjustice of the peace of said city, together acting in such bastardy pro- Ings ceedings, shall have the same powers as two justices of the peace would have therein. And said recorder shall have all other powers General conferred by law upon recorders of cities. acknowl davits. powers of powers. § 2. When any person charged or complained against as a disorderly Disorderly person, under the provisions of this act, shall be arrested and brought persons, before such recorder, he shall proceed forthwith to hear, try and determine the complaint or charge upon which said person is arrested, or he may, in his discretion, adjourn the hearing or trial, upon cause shown, not to exceed twenty days, and in the meantime shall commit the accused to the city lock-up or station-house, or any other convenient and secure place, until such day, or may suffer him to go at large on his executing a bond, with sureties to be approved by said recorder, conditioned that he will appear on such adjourned day; and upon conviction of any such offender, either by confession or competent testimony, the said recorder shall have full power, and is hereby Power to authorized to punish such offender by fine not to exceed one hundred upon condollars, or by imprisonment in the county jail of Steuben county, or nection. such other jail or penitentiary as may be designated by the board of supervisors of Steuben county not exceeding six months, or by both such fine and imprisonment. punish, "Disor § 3. All persons who shall be intoxicated in said city, under such circumstances as to amount to a violation of public decency; all per- denly,Parsons who shall indecently expose their persons in said city; all persons fined. who shall by noisy, tumultuous or riotous conduct, disturb the quiet and peace in said city; all persons who shall willfully give or assist in giving a false alarm of fire; all persons who shall use any vulgar or obscene language or conduct in any street or public place in said city; all persons who shall sell strong and spirituous liquors and wines without a license in said city; all persons who shall neglect or refuse to report cases of a contagious or pestilential disease, in pursuance of the regulations of the board of health; all persons who shall be guilty of immoderate driving or racing horses in the public. streets in said city; all persons who shall have incited or induced dogs to fight in any street or public place in said city, or who shall knowingly permit any ferocious or vicious dog to be at large in any such street or public place; all persons who shall be guilty of or shall use any threatening, abusive or insulting language or behavior, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned; all persons who shall by blowing horns, hallooing or otherwise making loud noises tending to disturb the quiet of the people without just cause; all persons who shall willfully · and unlawfully break, mar, injure or deface any building, fences, awning, sign, signboard, tree, shrubbery or other thing, or any of the public property of said city; all persons who shall remove from or pile up before any door, or on any sidewalk or street boxes, casks or other thing for the purpose of annoyance or mischief, or who shall willfully and unlawfully tear down, destroy or mutilate any notice or handbill lawfully posted up in said city. All persons who shall willfully and unlawfully rub or throw any liquid, ink or other substance, or any paint, missile or thing upon or against any building or fence, or through any window in said city. All persons who at the time of any fire in said city shall be guilty of any disorderly conduct, or shall attempt to obstruct the operations of the fire department, or to excite insubordination in others, or shall willfully neglect, or refuse to obey the orders of the proper officers, shall be deemed and are hereby declared to be disorderly persons, and shall be proceeded against and punished accordingly. All persons described in subdivisions three, four, five, six, seven and eight, of section eight hundred and ninety-nine of the Code of Criminal Procedure, shall be deemed and are hereby declared to be disorderly persons, and may be proceeded against and punished accordingly. And How pro- any person charged with any offense specified in this section, which is by the existing law a crime or misdemeanor, may be proceeded against under the present or existing provisions of law, or under the provisions of this act. ceeded against. Recorder to keep office in § 4. The recorder shall reside in the city, and shall have his court room, which shall be provided by the common council, at the city hall building, or at such other place as may be designated by the common council. He shall not receive for his own use any fees for services His salary. performed by him as such officer, but shall receive an annual salary of six hundred dollars, to be paid quarterly and out of the general fund. The recorder shall attend at the city hall from nine till eleven o'clock in the forenoon of every day, except Sundays, and as much longer as the duties of his office may require, to hear all complaints, to hold courts of special sessions, and conduct all other proceedings required by law. Office hours. To keep docket and fee book. § 5. The recorder shall keep a book in which he shall enter all business done by him and shall make accounts thereof, together with all fines, costs and fees received by him, in any criminal case or proceeding, in the same manner as accounts of justices of the peace in like cases, in which he shall charge the same fees as are allowed by law to justices of the peace, and which shall be duly verified by him, which account shall be audited as hereinbefore provided. He shall report to the said common council on or before the fifth day of each month all moneys received by him during the previous month, by virtue of his office, and from whom received, upon oath; he shall pay city cham- said moneys so received to the chamberlain of said city, within twentyfour hours after being received by him, and take his receipt therefor. The salary of said recorder shall be paid to him quarterly as aforesaid, To make monthly report to council, and account to berlain. out of the general fund, and for every failure to make such report, and pay over said moneys as above provided, he shall forfeit to the said city the sum of twenty-five dollars. § 6. In all trials in said recorder's court the defendant shall be en- Trials by titled to a trial by jury in all cases in which he would be so entitled jury. prior to the passage of this act. tion for fines, etc. § 7. The said recorder shall have exclusive jurisdiction in all actions Jurisdicbrought to recover a fine, penalty or forfeiture, for the violation of recovery this act, and of the by-laws, ordinances, rules and regulations of said of city city, and for the recovery of taxes and assessments imposed or assessed pursuant to this act; every such action brought in the recorders' court shall be in the name of the corporation, and may be commenced by sum- Actions mons or by warrant; if judgment be against the defendant in such therefor, action, execution may be issued thereon immediately, unless it is for a brought tax or assessment, and shall require, if the officer to whom it is issued Proceedings, in cannot find goods or chattels of the defendant whereof judgment can case of be collected, that the defendant be imprisoned in close custody in the judgment county jail of the county of Steuben for a term not exeeeding thirty fendant. days. how against de fees, how § 8. In all cases where said recorder shall decide or give judgment Costs and in favor of any party, it shall be with costs of the actions or proceed- taxed. ing, including witnesses, and officers' fees; and whenever any plaintiff or complainant or defendant, in any action or proceeding, shall be adjudged to pay costs, and the said recorder shall tax for his services such fees as are allowed by law to justices of the peace for like services and such fees to witnesses and officers as are allowed to them by law in like cases before justices of the peace, which costs and fees shall be collected according to law; and all fines, penalties and forfeitures im- Fines imposed by or before said recorder for criminal offenses or for a violation collected of this act, of any by-laws, ordinance, rule or regulation of said city, and paid or in any action in which he has jurisdiction, shall be received by him from the persons who shall collect the same, and paid over to the chamberlain of the city as aforesaid. posed, how over. Designa of inca recorder. § 9. When the recorder is incapacitated to act by reason of any cause, tion of city any justice of the peace of the city of Hornellsville, residing in said justice, to city, who shall be designated to act in such cases, by a resolution of act in case the common council, shall have the same powers and be subject to the pacity of same duties and liabilities as such recorder, and shall issue all processes as acting recorder of the city of Hornellsville. He shall receive for such services two dollars per day, which shall be audited and allowed by the common council of said city, and paid out of the general fund and the amount thereof shall be deducted from the salary of the recorder at the end of each quarter thereafter. No peace offi- Service of cer, except a policeman, shall charge or receive any fee or compensa- police. tion for serving, within the city of Hornellsville, any process issued fees for. by the recorder or acting recorder of said city. How paid. process by recorder's § 10. The judgment and proceedings of such recorder may be re- Review of viewed in the same manner as is or may be provided in case of judg- proceedments and proceedings of justices of the peace or courts of special ings. sessions. peace, terms of. § 11. The justices of the peace of said city to be elected under this Justices of act shall be of the degree of counsellor-at-law and their term of office qualifica shall commence on the second Monday after their election. Every tions and person elected to the office of justice of the peace of said city shall before entering upon the discharge of the duties of such office take and file in the clerk's office of Steuben county the oath of office pre |