Acts of commissioners, proceedings and con tracts ratified. such rate of interest as the common council may from time to time determine. § 15. All of the official acts of the grade crossing commissioners of the city of Buffalo or a majority of them, in making and executing any contracts with any railroad company for the purpose of carrying out any plan or plans of said commissioners and all contracts entered into by said commissioners with any railroad are hereby affirmed and ratified, and shall be held to be in full force and validity, and all the acts of said commissioners or a majority of them in making and executing any such contracts shall be adjudged to have been legally made and executed in any and all proceedings or contracts relating thereto or founded thereon, but nothing in this section shall affect any action or proceeding pending in any court when this act takes effect. Nothing in this act shall affect the decision of the board of railroad commissioners in providing for the carrying of Elmwood avenue missioners under the Erie International railroad and Delaware, Lackawanna and Western railroad. Pending actions. Certain decision of rail rond com affected. $ 21. as added by L. 1906, ch. 144: § 4. as added by ch. 36: 3, by L. 1890, and § 18, by L. 1909. § 16. Section two-a of chapter three hundred and forty-five of the laws of eighteen hundred and eighty-eight, as added by chapter one hundred and forty-four of the laws of nineteen hundred and L. 1901, six, section four of chapter three hundred and forty-five of the as amended laws of eighteen hundred and eighty-eight, as added by chapter ch. 255; thirty-six of the laws of nineteen hundred and one, section five of as added chapter three hundred and forty-five of the laws of eighteen hunch. 385; and dred and eighty-eight, as amended by chapter two hundred and fifty-five of the laws of eighteen hundred and ninety, section mended by eighteen of chapter three hundred and forty-five of the laws of eighteen hundred and eighty-eight, as added" by chapter three hundred and eighty-five of the laws of nineteen hundred and nine, and section twelve of chapter two hundred and fifty-five of the laws of eighteen hundred and ninety, as amended by chapter two hundred and forty of the laws of eighteen hundred and ninety-seven, are hereby repealed. L. 1890, ch. 255, § 12, as L. 1897, ch. 240, repealed. § 17. This act shall take effect immediately. 5 This act added a new § 4 without repealing the original § 4. Chap. 359. AN ACT to amend the county law, in relation to the powers of boards of supervisors. Became a law June 16, 1911, 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: ch. Section 1. Subdivision five of section twelve of chapter sixteen L. 1909, of the laws of nineteen hundred and nine, entitled "An act in re- 12, 16, lation to counties, constituting chapter eleven of the consolidated amended. laws," is hereby amended to read as follows:1 5 supervisors late com and ap of county 5. Have power to fix the amount and the time or manner of Power of payment of the salary or compensation of any county officer or to reguemployee, except a judicial officer and the mode of appointment, pensation number and grade of the clerks, assistants or employees in any pointment county office, notwithstanding the provisions of any general or oficials. special law fixing the amount of such salary or the time or manner of payment thereof, or providing for the mode of appointment, number or grade of the clerks, assistants or employees in any county office, or vesting in any other board, body, commission or officer authority to fix the amount of such salary or compensation or the time or manner of payment thereof or to provide for the mode of appointment, number or grade of the clerks, assistants or employees in any county office; and the power hereby vested in the board of supervisors shall be exclusive of any other board, body, commission or officer, notwithstanding any general or special law. The salary or compensation of an officer or em- Compensaployee elected or appointed for a definite term shall not be in- be changed creased or diminished during such term. 2. This act shall take effect immediately. 1 Section materially amended. tion not to during terin. Three platoon be estab lished. Regulations. Chap. 360. AN ACT to promote the health and efficiency of policemen in cities of the first and second class.la Became a law June 16, 1911, 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: Section 1. Within thirty days after this act takes effect, the comsystem to missioner of police, superintendent of police, chief of police, or other officer or officers, having the management, control or direction of the police force of any city of the first or second class in this state, shall divide the sergeants, roundsmen and patrolmen of such force (but not including detective sergeants) who may be on duty in the open air, on the streets or other public places of the city, into three platoons. No one of such platoons nor any member thereof shall be assigned to more than one tour of duty; such tour of duty shall not exceed eight hours of each consecutive twerty-four hours, nor more than eight hours of reserve duty of each consecutive seventy-two hours, excepting only that in the event of strikes, riots, conflagrations, or occasions when large crowds shall assemble, or other similar emergency, or on a day on which an election authorized by law shall be held, or for the purpose of changing tours of duty, so many of said platoons, or of the members thereof, may be continued on duty for such hours as may be necessary. Tours of duty to be changed. § 2. The tours of duty of sergeants, roundsmen, patrolmen, (not including detective sergeants) on duty in the open air, on the streets or other public places of a city of the first class or a city of the second class shall be changed at least once in each calendar month. Provided, however, that in cities of the first and second class which on December thirty-first, nineteen hundred and ten, had in force and operation a three platoon system, the tour of duty of such platoons and each member thereof, and the manner of changing such tours of duty may, at the election of the local authorities, having the management, control or direction of the police force, be and continue as the same were in force and in operation on said December thirtyfirst, nineteen hundred and ten. 10 This act is further amended by L. 1911, ch. 883, post. while duty. $ 3. Policemen, while on reserve duty as mentioned in the first services section of this act, shall not be required to render any service reserve except in case of an emergency, and shall be free to retire for sleep during reserve duty in their station house, subject to call in case of an emergency. For the purpose of this act, an emergency shall be defined as enumerated in section number one of this act. Persons control on office on comply. of 84. Any commissioner of police, superintendent of police. having chief of police, or other officer or officers, having the management, force to control or direction of the police force of any city of the first forfeit or second class in this state, (excepting such cities which on De- failure to cember thirty-first, nineteen hundred and ten, had in force and operation a three platoon system) who shall fail to divide such force into three platoons within the time prescribed in section one of this act shall be deemed to have forfeited his office and, upon the written petition of any citizen of the city in which such violation took place, must be removed therefrom by the supreme court of the judicial district within which such city is contained. A copy of such petition must be served upon the officer accused and he shall have the right to appear and to give evidence and to be heard in his defense. a misde meanor. 5. Any commissioner of police, superintendent of police. Violation chief of police, or other officer or officers, having the management, control or direction of the police force of any city of the first or second class in this state, and any inspector, captain, lieutenant, sergeant or roundsman of the police force of any such city, who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by law.1 Inconsist proviso. § 6. All general or special laws inconsistent with this act, or with any part thereof, are hereby repealed. Provided, however, repealed; that this act shall in no manner affect any provisions of such laws concerning furlough or leave of absence of policemen or exempting patrolmen from obligation to wear uniform when not on actual duty. 7. This act shall take effect July second, nineteen hundred In effect and eleven. 1 See penal law (L. 1909, ch. 88), § 1937. July 2, 1911. Terms of office of present commis cease. Chap. 361. AN ACT relating to an act entitled "An act to provide for the construction and maintenance of a sanitary trunk sewer and sanitary outlet sewer in the county of Westchester and to provide means for the payment therefor," being chapter six hundred and forty-six of the laws of nineteen hundred and five, and the acts amendatory thereof and supplemental thereto; to terminate the terms of office of the sewer commissioners named in said act; to vest the functions of said sewer commissioners in three commissioners to be appointed by the governor of the state of New York; to enlarge the powers heretofore exercised by said sewer commissioners; and to provide for the examination and investigation of the accounts and acts of the persons heretofore constituting said sewer commissioners. Became a law June 16, 1911, with the approval of the Governor. Passed, Accepted by the City of Mount Vernon. Passed without the acceptance of the The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The terms of office of the commissioners under an act entitled "An act to provide for the construction and maintesioners to nance of a sanitary trunk sewer and sanitary outlet sewer in the county of Westchester, and to provide means for the payment therefor," being chapter six hundred and forty-six of the laws of nineteen hundred and five, as amended by chapter seven hundred and forty-seven of the laws of nineteen hundred and seven, and by chapter ninety-six of the laws of nineteen hundred and nine, here tofore constituting the sewer commissioners named and described in said act, shall cease and determine within ten days after the passage of this act and the powers, duties and functions now by law exercised by and imposed on them are hereby granted to and sioners ap- vested in three commissioners, who shall be appointed by the governor of the state of New York, within ten days after the passage of this act, from among the citizens of the United States and residents of the county of Westchester, and who shall, unless sooner removed, hold office for the term of two years from the date of their organization, when their term of office and the office itself shall cease and determine. Powers and duties to vest in commis pointed by governor. Terms. |