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Midland railroad and authorizing and directing said supervisor to add said sum aforesaid and the interest which may accrue thereon to the amount to be raised by tax in said town of Scipio in the year one thousand eight hundred and eighty-one, is hereby in all things legalized and confirmed.

§ 2. This act shall take effect immediately.

CHAP. 4.

AN ACT to authorize the extension of the time for the collection of taxes in the several towns of this State.

PASSED February 4, 1881; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

over

and

renews

extended

SECTION 1. If any collector or receiver of taxes, in any town of this If colstate, shall pay over all moneys collected by him, and shall make his lector pays return to the treasurer of his county, as now required by law, of all money unpaid taxes on lands of non-residents, and shall renew his bond as herein provided, the time for the collection of all other taxes, and for bond, time making return thereof by him, shall be and is hereby extended to the to April first day of April, one thousand eight hundred and eighty-one; such 1st. bond shall be renewed with such sureties as in any town shall be approved by the supervisor thereof, or, in case of his absence or inability to act, by the town clerk thereof. The penalty thereof, in Penalty of any case, shall be double the amount of taxes in that case remaining bond. uncollected. The bond shall be approved in writing, and filed in the same manner as the original bond is required by law to be filed, and to have all the effect of the collector's or receiver's bond. A copy of Copy of the bond, and the approval thereof shall, within fifteen days after the bond to be passage of this act, be delivered to the county treasurer of the county to in which said town is; but nothing herein contained shall be construed as extending the time for the payment of the state tax, or any part thereof, by the county treasurer of said county to the comptroller, as now provided by law.

delivered

treasurer.

distribute

law,

§ 2. It shall be the duty of the secretary of state, immediately after Secretary the passage of this act, to cause to be printed on slips of paper, and of state to delivered to each county treasurer, a sufficient number thereof, to copies of supply one copy to each collector or receiver of taxes in said county, and it shall be the duty of the said county treasurer to deliver one copy thereof to each collector or receiver of taxes in his county. §3. This act shall take effect immediately.

Secretary of state

and comp

troller to advertise for proposals to

Time within which

printed.

CHAP. 5.

AN ACT to amend chapter twenty-four of the laws of eighteen hundred and forty-six, entitled "An act to provide for the public printing," as amended by chapter one hundred and thirteen of the laws of eighteen hundred and seventy. PASSED February 9, 1881; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of chapter twenty-four of the laws of eighteen hundred and forty-six, entitled "An act to provide for the public printing," as amended by chapter one hundred and thirteen of the laws of eighteen hundred and seventy, is hereby amended so as to read as follows:

§ 3. The secretary of state and comptroller shall annually, on or before the first day of April in each year, give at least twenty days' notice, in at least two public newspapers, published in the city of Albany, that they will, on or before a day to be specified in said notice, print laws. receive sealed proposals for the printing of the slips of the session laws, in such numbers as the secretary of state shall order, and for the printing and publishing complete of two thousand copies (or such additional copies as the legislature by concurrent resolution may order) of the session laws for the use of the state; the work to be performed in the city of Albany, in the same style of execution as to type and paper as heretofore furnished. The said secretary of state and comptroller shall, in such notice, invite proposals for the printing separately of such laws passed at any session of the legislature as may be deemed by the secretary of state to be general laws within forty days after the adjournment of the legislature, and the residue of the laws to be laws so passed. to be printed and published separately within ten days. after the time limited for the completion of the printing of the general laws; or for the printing and publishing in a continuous volume or volumes, of all the laws so passed, within twenty days after the secretary of state shall have furnished the copy for the same; such proposals shall also state the terms upon which copies of the session laws will be furnished to the public, after the completion and delivery of the state edition to the state binder, and the place where the same will be kept on sale in the city of Albany and the place where the Slips to be same will also be kept on sale in the city of New York. And the said Phree days slips of the laws shall be printed and delivered to the secretary of state, after copy at his office, within three days after the said secretary of state shall furnished. have furnished the copy for the same. Upon receiving such proposals they shall enter into a contract with the person or persons who shall make the lowest bid and furnish sufficient security, of not less than ten thousand dollars, to be approved by the said secretary of state and comptroller, for the performance of the same; provided always that such secretary of state and comptroller may discriminate in favor of such bid as they may deem most favorable both to the state and the public, as to price, time of delivery and manner of execution, and they may reject any or all bids deemed unfavorable or disadvantageous, and they may advertise anew for such work. It shall be the duty of the comptroller, upon the failure or non-performance in any respect of

printed in

Contract

to be let to

lowest bidder.

Proviso.

When comp

troller to

the terms of the contract entered into, as herein provided, to withhold withhold payment from the contractor for printing and publishing done under payment. the same, and to enforce the penalty named in the bond executed in pursuance hereof, and the penalty shall be recoverable, as liquidated damages, in an action by the people.

§ 2. This act shall take effect immediately.

CHAP. 6.

AN ACT to organize and establish a police force for the city of

Binghamton.

PASSED February 9, 1881; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

police

SECTION 1. The mayor of the city of Binghamton is hereby au- Mayor to thorized to appoint four citizens of said city, two from each of the appoint two principal political parties of the state, who shall constitute, and commishereafter shall be known as the board of police commissioners of the sioners. city of Binghamton.

ment and

office.

2. The said commissioners, so appointed, shall enter upon the comduties of their office, at noon, on the tenth day of February, eighteen mencehundred and eighty-one, and at their first meeting shall determine by term of lot the terms of the office of each; the terms of office shall expire as follows: One at noon on the first day of February, eighteen hundred and eighty-two; one at noon on the first day of February, eighteen hundred and eighty-three; one at noon on the first day of February, eighteen hundred and eighty-four, and one at noon on the first day of February, eighteen hundred and eighty-five; but each shall hold his office until his successor is appointed.

office.

ment of succes

sions to be

§3. The term of office of each commissioner of police, after the Term of respective determinations of the terms aforesaid, shall be four years, commencing February first, and the mayor of the city of Binghamton at the first meeting of the common council in January, in each year, shall appoint from the citizens of Binghamton who shall be freehold Appointers, a successor to the person whose term shall be about to expire as such commissioner. Such appointment, however, to be made from sors. such one of the two principal political parties in said city, so that the Commisnumber of said commissioners of police shall be and always remain equally equally divided between said two principal political parties in said divided city. Any vacancy occurring during the term of any commissioner political shall be filled by appointment as aforesaid, and the commissioner so parties. appointed shall continue in office until his successor shall be appointed in manner aforesaid. And no one of said four commissioners nor Member of their successors, and no policeman or police officer of said city shall police hold or be a candidate for any other city office while holding such to hold position, nor shall any commissioner receive any compensation for his office. services, nor for any thing pertaining thereto, further than all necessary expenses and disbursements paid by him.

between

Vacancies.

other

oath.

84. Every commissioner, hereafter appointed, shall, before entering Official upon the duties of his office and within ten days after notice of appointment, take and file with the clerk of the city of Binghamton the constitutional oath of office.

not

Board of police commissioners.

President.

Quorum.

Meetings.

Clerk,

salary of, etc.

Police force,

etc.

Number.

§ 5. The commissioners hereby authorized to be appointed shall forthwith meet and organize as such "board of police commissioners for the city of Binghamton." The mayor shall be ex-officio president of said board, but shall have no vote therein for the appointment of any policeman, and shall have no vote therein, in any case, except in the case of an equal division in the votes of said commissioners; in the absence of the mayor, said commissioners or a majority of them shall elect one of their number as president, pro tempore. A majority of said commissioners shall be sufficient to constitute a quorum for the transaction of business, but no appointment shall be legal except by the concurrent vote of at least three commissioners. The board shall meet on the first week of each month and at such other times as it may designate.

§ 6. The common council of said city shall provide a suitable room in which said board may hold its meetings and transact its business; and said board are authorized to appoint a clerk, at a salary not to exceed one hundred dollars per year, to act as clerk of said board, whose duty it shall be to keep and preserve in a proper book correct minutes of all proceedings of said board, and perform all other services incident to his position as such clerk. And said board when thus organized shall make all needful and proper rules and regulations for its own government and the transaction of business.

§ 7. The board of police commissioners, when organized as aforesalaries of, said, shall forthwith appoint and constitute a police force for said city consisting of a chief of police, at a salary not to exceed seventy-five dollars per month; an assistant chief of police, who shall act as roundsman, at a salary not to exceed sixty dollars per month, and nine patrolmen, at a salary not to exceed fifty dollars per month for each patrolman. The number of said patrolmen may, at the discretion of said board of police commissioners, be increased from time to time, but such increase shall in no event exceed the rate or proportion of one patrolman to every fifteen hundred inhabitants of said city, to be determined according to the last preceding census taken by the state or the United States. Said board may also appoint as many special patrolmen, with or without compensation, in times of special emergency or apprehended danger from riot or other cause of alarm, and Removals. for so long a time as it may deem expedient. No policeman, except special patrolmen, when duly appointed, shall be removed by said board except upon written charges preferred, and opportunity to be heard in his defense be given the accused, but said board may at any time suspend any policeman for inefficiency or misconduct, with stoppage of salary during such suspension.

Special police

men.

Powers and au

thority of board of commis

sioners.

§ 8. Said board of commissioners of police shall assume and exercise the entire control of the police force of said city, and shall possess full power and authority over the police organization, government, appointments and discipline within said city except as otherwise in this act provided. It shall have the custody and control of all public property, books, records and equipments belonging to the police department and shall have power to erect and maintain all such lines of telegraph in such places within the said city as, for purposes of police, the board shall deem necessary, whenever the common council shall authorize the establishment of such telegraph line or lines, and provide for the cost thereof, and it shall be the duty of said board of commissioners, and of the force hereby constituted, at all times of the day or night, within the boundaries of said city of Binghamton, to preserve the public peace, to prevent crime, and arrest offenders, to

protect rights of persons and property, to guard the public health, to preserve order and to enforce all laws of the state, and all ordinances of said city.

§ 9. In case of the failure or refusal of said board to fill any va- Vacancies. cancies which may occur in said police force for the space of thirty days after any such vacancy shall occur, the mayor shall appoint such policemen, and the mayor shall have the power to suspend any policeman at any time for inefficiency or misconduct; such suspension, however, shall not extend beyond the day after the meeting of said board following such act of suspension; and the mayor also may at any time appoint so many special patrolmen as he may deem necessary, who shall act, however, no longer than twenty-four hours from the time of their appointment.

§ 10. The common council of the city of Binghamton shall have Tax. power and it shall be its duty to raise from time to time by tax to be levied upon all the real and personal estate in said city liable to taxation for city or county charges, such sums as may be estimated and certified by the said board of police commissioners and determined by the common council to be necessary and proper for the following purposes: 1. For salaries of the police force.

2. For salary of the clerk of said board.

treasurer,

3. For all other necessary and contingent expenses of said board. § 11. All moneys raised under the last section shall be paid to the Moneys to treasurer of said city and by him placed to the credit of the board be paid to of police commissioners, and shall be used and paid out only upon etc. its orders drawn by the clerk of said board and countersigned by the mayor, and they shall not draw or countersign any order unless it is authorized by a resolution of said board, nor shall the aggregate amount of orders authorized or drawn exceed the sum then in the treasury applicable to their payment, and this act shall in no way diminish or affect the liability of said treasurer or his bondsmen.

council to

levy tax.

§ 12. The said board shall, on or before the first Monday in April, Estimate. annually, make and certify to the common council a detailed estimate Common of the amount necessary to be raised for the purposes mentioned in consider section ten of this act. Upon the reception of said estimate, the same, and common council shall proceed to consider the same, and approve, increase or diminish the same, and the common council, after having determined as aforesaid the amount necessary and proper to be raised by tax, shall certify the same to said board and shall cause such amount to be collected with the next general tax for city purposes; and said board of commissioners of police shall, during the next fiscal year, limit the expenditures so as not to exceed said amount so certified. In case said board shall, during any fiscal year, authorize ex- Personal penditures in excess of the sum so certified, the city shall not be liable liability of for such excess, but the members of the board voting therefor, or any sioners. of them, shall be personally liable therefor to the party entitled to payment. The fiscal year of said board shall commence on the first Fiscal day of February in each year.

year.

from

13. Until the tax for city purposes for the year eighteen hundred Payments and eighty-one is collected the orders for money of said board of com- present missioners of police shall be paid by the treasurer of the city of Bing- police hamton from the present "police fund" of said city, on orders drawn by the clerk of said board of commissioners of police countersigned by the

mayor.

fund.

§14. The said commissioners shall annually on the first day of Feb- Annual ruary in each year, and at such other times as required by the common

statement

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