with crime before him in all cases of felony, when imprisonment in the State prison, on conviction for such felony, cannot exceed five years. He shall also have the same power and authority as a justice of the peace within the county of Chemung, to administer oaths and to take affidavits and acknowledgments. The said recorder shall have jurisdiction and authority to hear, try and determine summarily and without a jury, all charges and complaints against persons of disorderly conduct in said city, as defined by this act, or of such conduct in said city as constitutes such persons tramps, vagrants or disorderly persons as defined either by this act or by the statutes of this State. Whenever any person shall be brought before said recorder, either with or without warrant, charged with being such tramp, if said recorder is satisfied by the confession of such person or by competent evidence upon such summary trial that such person is such tramp, the said recorder shall thereupon have jurisdiction and authority to render judgment convicting such person thereof and imposing such sentence therefor as is provided by section one of chapter four hundred and ninety of the laws of one thousand eight hundred and eighty-five for such offense, or sentencing such person to hard labor for said city not exceeding twenty hours. Whenever any person is brought before such recorder, either with or without warrant, charged with such disorderly conduct, or with being either such tramp, such vagrant or such disorderly person, if said recorder shall be satisfied by the confession of such person or by competent evidence, upon such summary trial, that such person has been guilty of such disorderly conduct or is such vagrant or disorderly person, the said recorder may thereupon take such further proceedings thereon, as a magistrate is authorized by the Code of Criminal Procedure to take in such case; or the said recorder may, instead, render judgment convicting such person of disorderly conduct or of being a vagrant or disorderly person as the case may be, and that he pay a fine not exceeding fifty dollars or be imprisoned not exceeding six months, or both, as the case may require, which judgment shall be enforced in the same manner in all respects as judgments of courts of special sessions are enforced. The said recorder is hereby empowered to hold courts court. of special sessions in said city. Subject to the power of removal provided for in sections fifty-seven and fifty-eight of the Code of Criminal Procedure, courts of special sessions held by said recorder, shall have, in the first instance, exclusive jurisdiction to hear, try and determine all charges of misdemeanors committed within said city, and also all charges of misdemeanors committed by violations of the charter of the city of Elmira or by violation of the ordinances of the common council of said city. Courts of special sessions held by said recorder shall also (subject to removal as provided by sections fiftyseven and fifty-eight of the Code of Criminal Procedure) have jurisdiction to hear, try and determine charges of misdemeanors committed as follows: Committed partly within and partly without said city, or when the acts, omissions or effects thereof, which constitute or are requisite to the consummation of such misdemeanor, occur partly within and partly without said city. Committed in this State in or on board of any railway engine, train or car, making a passage, or trip on or over any railway in this State, or in respect to any portion of the lading or freightage of any such railway, engine, train or car, in case such railway engine, train or car passes or has passed in the course of the same passage or trip, through said city or any part thereof, or where such passage or trip terminates in said city or would terminate

May hold

of

special sessions.

Jurisdiction, and powers of such courts.

in said city if completed. Otherwise than as hereinbefore provided, courts of special sessions held by said recorder, shall not have jurisdiction to hear, try or determine charges of misdemeanors not committed within said city. When a person shall be convicted by a court of special sessions, held by said recorder, of any misdemeanor of which such court has jurisdiction, the court of special sessions held by said recorder, may render such judgment imposing such sentence therefor as a court of sessions might lawfully render and impose in case a conviction of such crime were had in a court of sessions. Except as here- General inbefore provided, courts of special sessions held by said recorder, applicable. shall have all the powers and jurisdiction conferred upon courts of special sessions by the Code of Criminal Procedure, and shall be subject to all the provisions of said Code relating to courts of special sessions.

§ 11. Section one hundred and eleven of said act as amended by chapter five hundred and thirty-five of the laws of one thousand eight hundred and eighty-four, is hereby further amended to read as follows:

provisions

recorder,

upon city

tion of

acting re

acting re

§ 111. In case of sickness, absence from the city, disability or Powers of inability of the recorder to act after the thirty-first day of December, when conone thousand eight hundred and eighty-nine, his powers and duties ferred are hereby conferred and imposed upon either of the several justices justice of of the peace of the said city, who may be designated by the mayor of peace. said city; and it shall be the duty of the mayor of said city in the Designamonth of December of each year to designate by a writing filed with justice, by the city clerk, one of the justices of the peace of said city who shall mayor, as act in such cases for the year commencing upon the first day of Janu- corder. ary following such designation, instead of the recorder, and who shall in all such cases have power to hold all courts which said recorder Powers of may hold, in all respects as if held by said recorder, and he shall be corder. designated and known as "acting recorder." Such acting recorder shall file with the city clerk a bond approved by the common council before entertaining jurisdiction of any action or proceeding by virtue of this act. In case any warrant issued by the said recorder shall be returned during his absence from the city, or during his inability to attend to the duties of his office after the thirty-first day of December, one thousand eight hundred and eighty-nine, any further proceedings may be had on such warrant before such acting recorder, who, after having once obtained jurisdiction over any matter in any criminal action or proceeding, or special proceeding of a criminal nature by virtue of the provisions of this act, may retain such jurisdiction and proceed to the determination of such action or proceeding. All Process processes and mandates issued by the recorder or the acting recorder re- corder, quiring service, shall be served by the city policemen, or by officers etc., how authorized by the laws of this State to serve such processes and man- served. dates, and the same may be served in any county of this State without being indorsed by any other magistrate. All processes, mandates, orders, commitments or other documents made or issued by the recorder shall be signed, in addition to his name, "Recorder of the city of Elmira;" when made or issued by the acting recorder, the same shall be signed in addition to his name, Acting recorder of the city of Elmira." The recorder and acting recorder shall keep a docket of all business done by them, with full items and dates, and with a proper and convenient index; such docket shall contain a record or brief statement of all convictions, acquittals and judgments before either of them, and the same shall be open during office hours to public inspection when not in use.

66

from re

signed and

Recorder's

docket.

Recorder,

to receive

his own

benefit.

fees for

city, in certain cases.

costs and

fines, payable to city chamberlain.

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

§ 112. Neither the said recorder nor acting recorder shall receive no fees for for his own benefit any fee for services performed under this act, but they shall each demand and receive in all the proceedings before them for all services rendered by them as recorder or acting recorder the same fees as are provided by law for justices of the peace, of towns for To receive like services, and all fees and charges which may be legally payable whenever any suit or proceeding before either of them shall be settled or dismissed by consent, including constables' fees. All such costs and fees and all fines and penalties or other money collected by either of them during any mouth shall be paid to the city chamberlain beSuch fees, fore the next regular meeting of the common council, in the next succeeding month; and any failure or omission to pay over such fine, penalty or other moneys shall be sufficient cause for removal of such recorder or acting recorder from office; the recorder and acting recorder shall each file with the city clerk, prior to the time of the first regular meeting of the common council in each month, a complete and detailed statement, verified by his oath to be true, of all moneys payable to the city chamberlain by virtue of the provisions of this act, which were received by said recorder or acting recorder during the next preceding month, with the written receipt of said chamberlain of the payment of said moneys to him attached to such statement; the recorder and acting recorder shall each keep an account of all such fees and fines and of all criminal business done by him, which for county shall be a county charge, and shall annually at the time for the presentation of claims against the county of Chemung, present in the name of said city said account, properly made and verified, to the and paid to board of supervisors of said county, and said board shall audit the said account to the city of Elmira and levy the same in the same manner as other county charges.

Monthly

statement thereof,

Account

of fees for

services

How audited

city.

Mayor or recorder, to hear

against

persons holding

licenses.

Determination thereon.

§ 13. Section one hundred and thirteen of said act is hereby amended to read as follows:

§ 113. The mayor or recorder of the city may hear, in a summary way any complaint for any violation of the laws of the State, or of complaints the ordinances of the common council against any person to whom a license of any description may have been granted, in pursuance of this act, and may compel the attendance of witnesses on the hearing of such complaint, in the same manner as justices of the peace in the trial of civil causes, and on such hearing may annul such license or suspend the same for any certain time. Every determination on such complaint shall be forthwith filed with the city clerk, who shall serve a certified copy thereof on the person holding the license affected by such determination, either personally, or by leaving the same at his or how filed. her usual place of abode or business, and from the time of such service such license shall be deemed to be annulled, or suspended, according to the tenor of such determination, until the same shall be reversed by the common council. At least twenty-four hours notice of the time and place of hearing such complaint shall be served on the person complained of, and such person may appeal from the determination of the mayor or recorder within forty-eight hours after the same shall have been made to the common council, by filing his appeal with the clerk and stating the grounds thereof, and said common determina- council, shall have power to reverse or affirm the same, but such appeal shall not suspend or in any manner affect such determination until the decision of the common council thereon.

Notice of hearing

com

plaints.

Appeals from

tion.

§ 14. Section one hundred and fourteen of said act is hereby amended to read as follows:

to

claimed

etc.

claimed

from sales

§ 114. It shall be the duty of the recorder on the first Monday in Annual acMay and in November in every year to deliver an account verified by council, as his oath to the common council of said city of all moneys, goods, to unwares and merchandise then remaining unclaimed in said recorder's goods, office, and immediately thereafter to give notice for one week in an official newspaper of said city to all persons interested in or claiming Notice such property, that unless claimed by the owner with the satisfactory there pubproof of such ownership, before a specified day, the same shall be sold lished. at auction to the highest bidder on the day and place specified in such notice. All property remaining unclaimed, except money, shall be Sale of unsold by said recorder, or by some one under his direction. If any property. goods, wares, merchandise or chattels of a perishalle* nature, or which shall be expensive to keep, shall at any time remain unclaimed in said recorder's office, it shall be lawful for said recorder to sell the same at Proceeds public auction at such time and after such notice as to him and the payable to mayor shall seem proper. The said recorder shall immediately after chamthe sale of any property in accordance herewith, pay to the chamberlain of said city, all moneys remaining unclaimed in his hands as such recorder and all moneys received by him upon such sale, after deducting the expenses thereof. It shall be the duty of the recorder afore- Stolen said whenever he shall obtain possession of any stolen property, on when to be his receiving satisfactory proof of ownership from the owner, to de- delivered liver such property to the owner thereof, on his paying all necessary owner. and reasonable expenses which may have been incurred for the preservation and sustenance of such property. No property shall be sold or delivered in pursuance of this section if the district attorney of Chemung county shall direct that it shall remain unsold or undelivered, for the purpose of being used as evidence in the administration of justice.

berlain.

property,

to

present

sioners and

force.

15. The police commissioners of the said city of Elmira, in office Terms of at the time of the passage of this act, shall be such commissioners police for the several periods for which they were appointed respectively. commisThe members and officers of the regular police force of the said city at the time of the passage of this act, shall continue in office until their death or resignation, or until their removal or suspension respectively, in accordance with the provisions of chapter three hundred and seventy of the laws of one thousand eight hundred and seventyfive, constituting the charter of said city, as amended by this act.

tion and

January 1,

16. Until the first day of January, one thousand eight hundred Compensaand ninety, the recorder of said city shall receive an annual salary of duties of twelve hundred dollars, which shall be paid to him in monthly install- Jecorder to ments by the city chamberlain of said city, on the first day of every 1890. month, except the time said recorder shall fail to perform the duties thereof, such time shall be deducted from his said salary, and he shall be entitled to the use and occupation of a suitable office, which shall be provided for him by the common council. It shall be his duty to attend at such office at all reasonable hours, and to hear all matters within his jurisdiction. In case of sickness, absence from the city, and duties, His powers disability or inability to act of the said recorder, until the first day of when conJanuary, one thousand eight hundred and ninety, his powers and duties are hereby conferred and imposed upon either of the several justice of justices of the peace of the said city so designated, and in case any acting rewarrant issued by the said recorder shall be returned during his ab- corder.

So in the original.

ferred

upon

peace, as

Ceme

teries,

fund from receipts of, how applied.

To pay

Repair fund.

posit as

permanent fund.

sence from said city or sickness, any further proceedings on such warrant may be had before any justice of the peace of said city, and a justice of the peace once having obtained jurisdiction over any matter under this section may retain it and proceed to the determination of it, and shall be entitled to recover for his services the same fees that justices of the peace are by law entitled to receive, to be audited, allowed and paid in the same way. Any justice of the peace while acting in the place of the recorder as aforesaid shall be known as "acting recorder."

§ 17. Section one hundred and thirty-three of chapter three hundred and seventy of the laws of one thousand eight hundred and seventy-five is hereby amended so as to read as follows:

§ 133. The commissioners of the cemeteries shall cause a fund to be provided from the receipts of said cemetery by appropriating annually the entire net proceeds thereof, which shall not be less than fifty per cent of the gross receipts of the sale of lots, which fund shall be mortgages. applied as follows: First, to the payment of any bonds or mortgages thereon; and second, to create a repair fund which shall not exceed twenty-five thousand dollars, which shall be invested, and as soon as it is of sufficient amount, the interest thereof shall be applied solely to the repairing of roads, lawns, monuments, abandoned lots and public grounds, and such repair fund shall never, under any pretext or evasion, be diverted from this declared purpose, and the interest Special de- thereof shall be used annually, as hereabove directed. Any person owning a lot in any of said cemeteries may deposit in his life-time, or may by his last will and testament bequeath to be deposited, a sum of money not exceeding three hundred dollars with the chamberlain of the city of Elmira, as a permanent fund for keeping such lot in repair, and after such deposit shall have been made, no claim against the said city shall be allowed for repayment of such deposit, or any part thereof, to the person making such deposit, or to his heirs, representatives or assigns. The commissioners of cemeteries shall, during each year after such deposit shall have been made, cause to be expended in keeping such lot and the fences and monuments thereon, in good order and repair, an amount equal to four per cent of the amount so deposited. Said commissioners may also take from any bequests. person, by gift or bequest, any sum of money to be wholly expended by them within the time specified in connection with such gift or bequest, or if no time be so specified, to be expended by them in their discretion in repairing, keeping in order or beautifying such lot or lots as may be designated in connection with such gift or bequest, or in case no such designation shall be made, then in repairing, keeping in order or beautifying the cemeteries under their charge.

How ex

pended.

Special gifts or

How expended.

Erection of buildings, etc.

District constituted.

§18. Subdivision eight of section one hundred and thirty-six of said chapter three hundred and seventy of the laws of one thousand eight hundred and seventy-five, as amended by section five of chapter one hundred and thirty-five of the laws of one thousand eight hundred and eighty-six, is hereby amended so as to read as follows:

8. No wall, structure, building, part or parts thereof, shall hereafter be built, constructed, altered, repaired or removed in said city within the following limits, namely: Beginning at a point in the center of East Church street and in the center of Madison avenue, thence south in the center of said avenue to low-water mark of the Chemung river, thence westerly along said low-water mark of said river to a point in the center of Columbia street, thence north along the center of Columbia street to the center of West Church street, thence