Daily deposits to be made. Security and also such other information and suggestions in relation to the affairs of the city as he may deem proper, which report shall be made under direction of the finance committee of the common council for the preceding fiscal year. § 14. Section one hundred and nineteen of said act is amended so as to read as follows: § 119. It shall be the duty of the chamberlain to deposit to the credit of the city of Elmira, once in each day, all the moneys in his hands, except one hundred dollars or less, in one or more banks in the city of Elmira, to be designated by the chamberlain, taking from such bank or banks a bond to the city of Elmira, with such sureties, and in such form as shall be approved by the mayor and common therefor. council, as security for such deposits, and when so deposited it shall be drawn only upon the check or warrant of the chamberlain in person, or in case of his inability on account of sickness (or otherwise, then by any other person appointed in writing by said chamberlain), on an order of the common council signed by the mayor and clerk thereof; such check or warrant shall specify for what purpose the amount therein named is to be paid. Drawing of deposits. Actions for recovery of penalties or forfeit ure to be brought in name of city. Complaint. Answer. Proceed justice of the peace for violation of ordinances, etc. § 15. Section one hundred and forty-seven is amended so as to read as follows: § 147. All actions brought to recover any penalty or forfeiture incurred under this act, or the ordinances, by-laws or public regulations made in pursuance of it, shall be brought in the name of the city of Elmira, and in any such action it shall be lawful to declare, generally, orally, or in writing for such penalty or forfeiture, referring only to the section of this act, or the section of the ordinances, by-laws or public regulations passed in pursuance of such act, under which the penalty or penalties, or forfeiture is or are claimed, and the defendant may deny, generally, in like manner, and either party may give in evidence, under such general declaration or denial, any special matter that may legally be the subject of such claim for penalty or penalties, or that may legally be the subject of the defense under such general denial of the defendant. When such action shall be commenced beings before fore a justice of the peace, if it shall be made to appear to the justice to whom application is made for process by the oath or affidavit of any person, that any ordinance has been violated by the person against whom process is applied for, the said justice may issue a civil warrant as the commencement of such action, directed to any constable, police constable, policeman or chief of police of said city, commanding him to take the body of such person, and bring him before such justice to answer the complaint of said city in a civil action for the violation of such ordinance or by-law. No affidavit nor bond shall be required to authorize the issuing of any short summons or civil warrant in behalf of said city, except that in actions for violations of ordinances or bylaws the affidavit or oath above provided for shall be required before Witnesses issuing a warrant. And any person may be summoned to appear summoned forthwith, or at a special term, before such justice, to make an affidato appear vit or be sworn and examined on such application for a warrant in forthwith. relation to his knowledge of the violation of such ordinance or by-law. Examina- Such examination shall be reduced to writing by the justice, and filed with the process and proceedings in the case; and all the affidavits made in such case shall be so filed or kept by the justice with the process and proceedings in the case. No witness so summoned to appear shall be entitled to any fee or compensation for such attendance or examination; and for a failure to so attend or be sworn or exam Bond or affidavit not necessary. may be tion of, etc. Not enti tled to fees. ments. ined, such witness shall be liable to the same penalty and may be pun- May be ished in the same manner as witnesses who refuse to appear when duly Pushe punished subpoenaed, or to be sworn or testify on trials in other actions before tempt. justices of the peace. On the return of such warrant the parties and Adjournjustice shall proceed in the same manner, and the same proceedings shall be had and adjournments may be granted in the same manner, for the same time and on the same terms as provided by statute on the return of a civil warrant in other actions before justices of the peace. Any action for the violation of any of the ordinances or by-laws of Mayor or said city may be brought on the direction or authority of the mayor may direct or either of the aldermen. § 16. Section thirty-two of said act is amended so as to read as follows: aldermen prosecu tions. nually of city §32. It shall be the duty of the mayor of said city, annually, after Mayor to the election held under the provisions of this act, and on or before the manfirst regular meeting of the common council, held in April of each estimate year, to present to said common council a statement in writing con- expenses, taining an estimate of the amounts or sums of money necessary to be etc. raised for defraying the expenses of the city for the current year. Such statement shall contain: and con 1. An estimate of the sum necessary for defraying the salaries and Salaries pay of officers and other contingent expenses of the city, not other- tingent wise provided for. expenses. 2. A sum necessary to defray the expense of the police department, Police deincluding the salaries of the officers of said department. partment. streets, 3. A sum necessary for lighting the streets, lanes and public build- Lighting ings of said city, and the costs and expenses of maintaining and keep- etc. ing in repair the lamps, lamp-posts and all necessary fixtures connected therewith. purposes, 4. A sum for highway purposes, to defray the necessary expenses for Highway making, repairing and keeping in order the roads, highways, streets, etc. sewers and public grounds in said city. 5. The necessary sum for defraying the expenses of keeping in repair fire engines, engine-houses, cisterns, reservoirs, apparatus, and all other things deemed necessary for extinguishing fires, and to procure a supply of water for the extinguishment of fires, and other city purposes, provided that for the purposes above stated, the estimate and sum voted shall not exceed seventy-five thousand dollars. Fire de partment. ot cify. 6. A sufficient sum to pay interest upon all bonds issued by said Debt city, or for which it may be liable, and also all the principal or installments of principal of said bonds falling due within the then current year, and for all other liabilities of said city, for the payment of which provision shall not be otherwise made. § 17. Section one hundred and eight is amended so as to read as follows: Com may be § 108. The mayor or recorder of the city may hear, in a summary Cots way, any complaint for any violation of the laws of the State, or the against ordinances of the corporation, against any person to whom a license holding of any description may have been granted, in pursuance of this act, licenses and may compel the attendance of witnesses on the hearing of such heard complaint, in the same manner as justices of the peace in the trial of summarily civil causes, and on such hearing may annul such license or suspend mayor or the same for any certain time. Every determination on such com- Licenses plaint shall be forthwith filed with the clerk of the city, who shall may be anserve a certified copy thereof on the person holding the license affected nulled or by such determination, either personally or by leaving the same at his ed." before recorder. suspend Decision to be filled served. Notice of hearing. or her usual place of abode or business, and from the time of such and notice 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 mayor or recorder shall have power to reverse or affirm the same, but such appeal shall not suspend or in any manner affect such determination Appeal may be taken, etc. Tramps or arrest of. When amendment to take effect. Sale or mortgaging of estate; how effected. Description of premises. until the decision of the common council thereon. It shall be the duty of all policemen and police constables, or the overseer of the poor of said city, to arrest, with or without process, all persons found begging from house to house, or applying to any of the officers of said city for food or lodgings, and who are designated and commonly known or termed "tramps," or vagrants, and to bring them before said mayor or recorder, who are hereby authorized to summarily try them for such alleged vagrancy, and upon conviction thereof, to sentence them to hard labor for said city, not to exceed twenty hours. § 18. The foregoing amendments shall take effect immediately, except the one hundred and seventh section, which shall take effect at the time therein provided. CHAP. 53. AN ACT relative to lands in the city of New York, devised by Charlotte E. Jenkins, late of said city, deceased, authorizing the mortgaging or sale thereof, and the disposition of the proceeds thereof in accordance with the provisions of the will of said deceased. PASSED March 22, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. On the petition of Margaret G. Kopper, personally, and as executrix and trustee of Charlotte E. Jenkins, late of the city of New York, deceased, and Frederick Kopper, her husband, and Sarah R. Jenkins and their descendants in being (such descendants, while infants, petitioning by a next friend) being the only surviving devisees of Charlotte E. Jenkins, deceased, the supreme court, at a special term thereof, held in the city of New York, may authorize the sale in fee or the mortgaging of the following described lands and premises situate, lying and being in the twelfth ward between One Hundred and Twentyfourth and One Hundred and Twenty-fifth streets and Lexington and Third avenues in the city of New York, and bounded as follows, namely: Beginning at a point, formed by the intersection of the west line of Third avenue with the north line of said One Hundred and Twentyfourth street, and running thence westerly, and parallel with One Hundred and Twenty-fourth street, one hundred and fifty feet; thence northerly, and parallel with Third avenue, one hundred feet and eleven inches more or less to the center line of the block, thence westerly, along the center line of the block, two hundred and sixty-five feet; thence northerly, and parallel with Lexington avenue, one hundred feet and eleven inches, more or less, to the southerly line of One Hundred and Twenty-fifth street; thence easterly, along the southerly line of One Hundred and Twenty-fifth street, four hundred and fifteen feet to the westerly line of Third avenue; thence southerly, along the westerly line of Third avenue, two hundred and one feet and eleven inches to the point or place of beginning; being the same premises devised by the said Charlotte E. Jenkins, in and by her last will and testament which was admitted to probate in the surrogate's court of the county of New York, January fifteen, eighteen hundred and sixty-three, and recorded in liber number one hundred and forty-seven, pages one hundred and seventy-eight, et cetera, of will records in said surrogate's office, whereby the devised the undivided one-fourth of the income thereof to her husband, George W. Jenkins (now deceased), for life or until he married again, and the income of the other undivided three-fourths thereof to her daughters Margaret G. Jenkins, Sarah R. Jenkins, and Mary C. Jenkins (since deceased unmarried and without issue), for life, with remainder in fee as to the share of each, after his or her death, to his or her children or issue, and in case of the death of any without issue to the survivors or survivor and issue of any deceased, and which lands are now held in trust for the benefit of said Margaret G. Jenkins (now Margaret G. Kopper) and Sarah R. Jenkins and their descendants, by the said Margaret G. Kopper and Sarah R. Jenkins, under the provisions of said will and subject to the trusts therein contained, or of any part or parcel thereof, from time to time as may be judged to be Parts or expedient and calculated to promote the interest of the descendants of parcels said Margaret G. Kopper and Sarah R. Jenkins (the only surviving sold, etc. devisees under said will as aforesaid), whether yet in being or not, to whom or for whose benefit the trusts under the will of said Charlotte may be pointment direction court, etc. tion of from E. Jenkins may enure after the death of said Margaret or Sarah, by the Guardprovisions of said will, the court shall appoint one or more suitable per- fans; apson or persons as guardian or guardians for such of them as may be of. infants, in relation to the proceedings upon such application or petition. § 2. Such mortgage or mortgages, sale or sales, shall be made under Proceedthe direction of the supreme court sitting at any special term in the city ings to of New York, by public auction or at private sale (in case of sale), and under the proceeds arising from such mortgage or mortgages, sale or sales, of the shall be applied in relieving the said property from existing charges supreme and incumbrances, and invested and applied in such manner, from time to time, as the court shall direct, and shall be applied to the use of the Applica same persons and be subject to the same limitations as provided for in proceeds the will of the said Charlotte E. Jenkins, in relation to the interests of arising such issue, provided always, that the court may direct the reimburse- sale or ment out of the proceeds of such mortgage or mortgages, sale or sales, mortgage. to the life tenant, of such proportion of any assessments imposed on said premises or any part thereof for permanent improvements, and which have heretofore been or may hereafter be paid by the life tenant as, according to law and the practice of the court, is chargeable against the remaindermen. Any mortgage or mortgages given, or sale or sales Mortgages made pursuant to this act, shall be reported to the court, and if ap- given or proved, the said court shall confirm the same and direct a conveyance made to be to be executed by such of the descendants of said Margaret G. Kopper reported and Sarah R. Jenkins respectively, as may then be in being and of full etc. age, and by a referee appointed by the court, to act in behalf of the infant and unborn descendants of said Margaret G. Kopper and Sarah R. Jenkins respectively, and all other persons in interest. sales to court, Mortgages given or sales made § 3. All sales and conveyances made as aforesaid, in pursuance of such authority or direction, shall be valid and effectual to vest in the to be valid. purchaser or purchasers, and his or their assigns the fee simple absolute in and to the lands so conveyed as against all the descendants of said Margaret G. Kopper and Sarah R. Jenkins respectively, whether in being or not, and all persons whomsoever deriving any rights or interests in said property under and by virtue of said will, and every mortgage made as aforesaid, in pursuance of such authority and direction, shall be a valid mortgage, and shall be binding and effectual as against all persons having any claim to, or interest in the premises under the will of the said Charlotte E. Jenkins, deceased, whether yet in being or not, and on a foreclosure and sale thereof by due proceedings at law, if any such sale should hereafter be made under such mortgage, the title of the purchaser under said sale shall be valid and free and discharged of all claims of all persons having any interest in the said premises under the will of the said Charlotte E. Jenkins, deceased, whether in being or not. Associate of the vestry. To pre side in absence May call meeting. §4. This act shall take effect immediately. CHAP. 54. AN ACT in regard to the powers of the associate rector of PASSED March 22, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The associate rector of St. Luke's Memorial church, in rector one the city of Utica, county of Oneida, and state of New York, is hereby made and constituted a member of the vestry of such church or congregation. In the absence of the rector the associate rector shall, if he be present, preside at all meetings of the board or vestry, and at of rector. the stated annual election, and at any election held by said congregation. The associate rector shall have power to call meetings of the vestry in like manner as is now possessed and exercised by the rector and church wardens. At any meeting of the vestry held in pursuance of the call of the associate rector, at which he shall be present, and the rector absent therefrom, it shall be lawful for such meeting to transact all business, except that no act shall be done which shall impair the rights of the rector of such church, and no measure shall be taken for effecting a sale or disposition of the real or personal estate of such corporation, except the payment out of the proper fund of debts which have been duly audited and allowed. Trans action of business. § 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 3. This act shall take effect immediately. |
