expenses shall be audited and paid out of the general fund of said city as other charges against said city are audited and paid. Each of said policemen shall demand and receive for all processes served by him, and properly chargeable to the county, the same fees as are provided by law for a constable for like services. Each of said policemen shall keep a book in which shall be entered all business done by him, and shall make out his account of all such business chargeable to the county of Chemung, and duly verify the same; which shall be audited; and he shall annually, at the time of presentation of claims against the county, present the same to the city clerk, who shall present the same to the board of supervisors of the county of Chemung, which board shall audit and levy the same as other charges are audited and levied, and an order for the same shall be delivered to the city chamberlain as moneys belonging to said city.

ARTICLE XIII.

DEPARTMENT OF PUBLIC RELIEF.

Section 200. Commissioners of public relief, appointment of and terms of office.

201. Overseer of the poor, appointment, powers of.

202. Duties of commissioners of public safety; expendi

tures.

203. Persons disposing of articles, guilty of a misde

meanor.

204. City not liable on account of this act when not otherwise liable.

Section 200. There shall be a commission of public relief.— Within thirty days after this act takes effect, the mayor shall nominate and, by and with the consent of the common council, appoint two commissioners of public relief, one of whom shall hold office for the year nineteen hundred and six and until his successor is appointed and qualifics, and the other of whom shall hold office for the years nineteen hundred and six and nineteen hundred and seven and until his successor is appointed and qualifies. After December thirty-first, nineteen hundred and six, the term of office of a commissioner shall be two years. The mayor and the two commissioners shall constitute the commission. The commissioners shall serve without pay. In the month of January in each year, the mayor shall nominate to the common council one candidate for commissioner of public relief.

§ 201. The commissioners of public relief shall appoint, to hold office during its pleasure, an overseer of the poor, who shall be the executive of said commission, and who shall possess, subject to the general supervision of the commission of public relief, all the powers and authority of overseers of the poor in the several towns of Chemung county, and be subject to the same duties, obligations and liabilities. He shall give a bond to the city in such penalty, in such form, and with such sureties as the commission may prescribe, for the faithful discharge of his duties. The overseer in office when this act takes effect shall serve out the term for which he was appointed. He shall receive such salary or compensation as may be fixed by the common council.

§ 202. The commission of public relief shall have the general care, management, administration and supervision of the charities the control or government of which belongs or is intrusted to the city; it shall make regulations for the expenditures of public money for the relief of the poor, and have the general supervision of such expenditures, and shall certify such accounts to the city supervisors for audit, as hereinbefore provided. It may investigate local economic conditions that affect the standard of living, and particularly the relations of employer and employed; and it shall be its duty to endeavor so to influence such conditions as to prevent, so far as possible, the increase of poverty.

203. The city shall continue to be the owner of all articles or supplies furnished to any poor person or applicant until the same are consumed. If any person to whom the same shall be furnished shall sell or exchange the same for money, or intoxicating liquor, or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

§ 204. Nothing contained in this act shall be deemed to make the city liable for the support or relief of any poor person when it is not otherwise so liable.

ARTICLE XIV.

DEPARTMENT OF PARKS.

Section 205. Park commissioners.

206. Appointment of commissioners.

207. Power to make rules and regulations.

208. Oath of office, vacancy.

209. Park fund.

210. Accounts, how audited.

211. Power to acquire lands for park purposes.
212. Special election.

Section 205. The public parks and pleasure grounds owned by the city of Elmira shall be under the general control and management of park commissioners thereof, who shall be the mayor and two other persons, to serve without compensation; and who shall constitute the board of park commissioners of said city.

206. The commissioners appointed in the year nineteen hundred and five shall serve until the expiration of the terms for which they were appointed. On and after the first Monday in January, nineteen hundred and seven, the said commission shall be composed of the mayor and the two commissioners appointed in the year nineteen hundred and six. Upon the expiration of the terms of the two commissioners appointed in the year nineteen hundred and six, and at the meeting of the common council on the first Monday in January in the year nineteen hundred and eight, and every second year thereafter, the mayor shall nominate from the electors of said city, and by and with the consent of a majority of all the members of the common council, including the mayor, appoint two park commissioners for the term of two years to succeed those whose terms have expired.

§ 207. The said park commissioners collectively shall constitute the board of park commissioners of the city of Elmira, and of which board the mayor shall be president, and the city clerk shall be clerk of said board. Such board may adopt rules and by-laws for the government thereof and may promulgate and enforce proper rules, regulations and orders concerning the preservation and use of the public parks and pleasure grounds belonging to the said city.

§ 208. The said park commissioners, before entering upon the duties of their office, respectively, shall take upon themselves the usual oath of office, and shall meet at the mayor's office or any other suitable place at such time as may be expedient, or as they shall, from time to time designate. If either of said appointed park commissioners shall be elected to, or accept the office of mayor or alderman, then the mayor and common council shall then proceed as in case of vacancy, and no alderman shall be eligible for appointment as park commissioner.

§ 209. The city chamberlain shall keep a separate book for the accounts of the board of park commissioners, and shall be the treasurer of such board. He shall receive and credit the park fund with the amount included in the mayor's estimate for park purposes, all moneys received by the commissioners from other sources and also all penalties collected for violations of city

ordinances in relation to said parks and shall charge such fund with all sums of money expended as hereinafter provided.

$ 210. The board of park commissioners shall be entitled to receive such moneys as may be contributed from any and all sources, except that allowed by the mayor's estimates, for the uses and. maintenance of the public parks of said city. They shall at once pay all such moneys to the city chamberlain and shall render an account of the same to the common council on the first days of January, April, July and October in each year. They shall make contracts for maintaining, repairing and improving the parks and the property belonging therein, and shall audit all bills incurred on such account, which bills shall be filed with the city clerk, approved by common council, and paid by the city chamberlain as in the city charter provided for other city ac

counts.

§ 211. The board of park commissioners are hereby authorized and empowered to proceed to acquire for public park purposes the title to such lands situate in the city or any adjoining town as they may deem expedient and necessary for the purposes of a public park for said city, by purchasing, subject to the provisions of section two hundred and twelve of this act, from the owners of said lands, if said board can agree upon the price therefor with the owners or occupants thereof, and if they cannot agree, the said board shall have the right, with the approval and consent of the common council, to take proceedings in the name of said city, to acquire title to the same according to and in pursuance of the provisions of the condemnation law.

§ 212. When the said board of park commissioners shall have ascertained the sum for which such lands may be purchased by agreement, or may be obtained by the proceedings aforesaid, said board shall report such sum, together with all costs and expenses of such proceeding, if any, to the common council. If the said common council shall approve the same, they shall thereupon order a special election to be held in accordance with the provisions of section seventy-two of this act, and if the result of said election shall be in favor of said purchase, then and in that case the said common council shall issue the bonds of said city for the amount of said purchase price and expenses, bearing interest not to exceed four per centum per annum, and payable in such amounts and at such times as may be determined by said common council, said bonds to be sold at not less than their par value and accrued interest. And in addition to the amount authorized

by the charter of said city to be levied and collected in any one year, there shall be levied and collected on the taxable property in said city, in the same manner as the general city taxes are now levied and collected, an amount sufficient to pay the annual interest on said bonds and the principal thereof as the same shall become due. The proceeds of the sale of said bonds, or so much thereof as may be necessary, shall be paid to said board of park commissioners for the purpose of completing such purchase by agreement or by the proceedings aforesaid, and upon the completion thereof the real estate so purchased or acquired under and by virtue of this act shall be vested in the city of Elmira, and if the said real estate shall have been theretofore a part of the town of Elmira the same shall not thereafter be a part of such town but shall be a part of the territory of said city. If the said electors at a special election shall, by a majority of the votes cast thereat, determine not to purchase or acquire said lands, then, and in that case, the said city or said owners may move the supreme court to discontinue the proceeding aforesaid upon such terms as to costs as said court shall determine.

ARTICLE XV.

DEPARTMENT OF CEMETERIES.

Section 213. Commissioners, appointment of.

214. Powers and duties.

215. Creation of fund.

216. Bequests.

217. Treasurer of board.

218. Deeds for lots.

Section 213. The cemeteries owned by the city shall be under the control of three commissioners, who shall constitute a board of cemetery commissioners. The present commissioners of cemeteries shall respectively continue to be such until the expiration of the periods for which they were appointed. The term of office of cemetery commissioner shall be for three years, except as otherwise provided in this section. Upon the expiration of the terms of said present commissioners respectively, and of each and every term thereafter, the vacancy resulting therefrom shall be filled by a person nominated by the mayor and concurred in by a vote of a majority of all members of the common council