fees, allowances, and disbursements, which are chargeable against the town.

authority

§ 7. In all cases where any duty is enjoined upon, or authority vested Duty and in, the officers enumerated in sections one and two of this act, and to vest in which requires the action of more than one, the same duty and officers. authority shall, after the expiration of the term of the officer holding the longest term, be enjoined upon and vest in the one thereafter holding said office, except that the appointment of officers and filling vacancies shall be done by the justice of the peace in conjunction with the supervisor and town clerk of said town; provided, however, that in case a vacancy should occur in either of said three last-mentioned offices, then in that case those remaining in office are authorized to perform such duty, and excepting from the powers and duties of the said justice of the peace the sole right to preside at town meetings. § 8. The justice of the peace together with the outgoing supervisor Town and assessor shall, after the time when there shall be but one justice of the peace and one assessor, preside at town meetings and perform the duties in all respects as they are now performed by the justices of the peace, and they are hereby vested for such purpose with all the power and authority heretofore exercised by justices of the peace in performing such duties.

9. This act shall take effect immediately.

CHAP. 85.

AN ACT authorizing the appointment of commissioners to select site for a state home for the blind.

PASSED April 8, 1881; three-fifths being present.

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

board.

Governor

to appoint

SECTION 1. The governor is hereby authorized, by and with the advice and consent of the senate, to appoint five commissioners for the ve compurpose of selecting a suitable site in the fifth or sixth judicial dis- missiontrict, upon which to erect a state home for the blind.

ers.

§ 2. The said commissioners shall have power to receive by gift, or Powers of. to contract for the purchase of such site for the location of said home, subject, however, to the approval of the next legislature, to whom they shall report their action in the premises, within ten days after the commencement of the session, and no such contract, gift or purchase shall be valid and binding upon the state until so approved by said next legislature.

§ 3. It shall be the duty of said commissioners to report for the con- Report of sideration of the next legislature a plan for the organization of the proposed home for the blind.

§ 4. This act shall take effect immediately.

Proposals for light

lished.

CHAP. 86.

AN ACT to provide light for, and the lighting and repair of the street lamps and lamps of the public buildings of the village of Saratoga Springs.

PASSED April 8, 1881; three-fifths being present.

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

SECTION 1. It shall be the duty of the board of trustees of the viling streets lage of Saratoga Springs, annually, in the months of April and May, to be pub- to give eight weeks' notice, by advertisement, in each week, for six weeks in two of the newspapers published in said village, of a desire on the part of said board to enter into contract for furnishing gas or other kinds of light to light the lamps of the streets and public buildings of said village. Such advertisement shall ask for sealed proposals for furnishing gas or other illuminating substance for such purpose; it shall state the number of lamps to be lighted, the required candle power, the size of the burners to be used and the number of hours, by schedule, such lamps shall be kept burning in each month. It shall be the duty of the said board of trustees to award the contract or contracts for furnishing such light to the lowest responsible bidder or bidders, if in their judgment such bid or bids are at reasonably low rates. The party or parties to whom such contract or contracts are awarded shall enter into a bond, with security, to such reasonable amount as shall be required and approved by said board, for the faithful performance of the same. No contract for the purposes mentioned in this act shall be made for a longer period than one year.

Contract to be

awarded lowest

bidder.

§ 2. The said board of trustees shall advertise in two of the public newspapers in said village, in each week, for three weeks in May in each year, for sealed proposals for lighting, extinguishing, cleaning and keeping in order the street lamps and lamps of the public buildings of said village for the ensuing year, and for keeping all such lamps in repair, and furnishing all necessary materials required for that purpose. And the said board shall let the contract or contracts for all such service and materials to the lowest responsible bidder or bidders, if in their judgment the bid or bids are at reasonably low rates. The contractor or contractors shall give bonds, with security, to be approved by said board, in such amount as the board shall require, for the faithful performance of such contract or contracts.

§3. In case no responsible bid at reasonably low rate shall be made for gas or other kinds of light to light said street lamps and lamps of the public buildings of said village, or to light, extinguish, clean and keep in order and repair such lamps, as contemplated by this act, under or in pursuance of the advertisement provided for herein, then the said board shall let the contract or contracts for furnishing such gas or other light for such lamps to the lowest responsible offer that may be made to said board therefore, if such offer shall be in the judgment of said board at reasonably low rates. And shall let the con tract or contracts for lighting, extinguishing, cleaning and keeping in order the said lamps, and repairing the same and furnishing material therefore, to the lowest responsible offer that may be made to said board therefore, if such offer shall in the judgment of said board be

at reasonably low rates. But no such contract for such light or service Limitashall be made for a longer period than one year.

tion.

meanor.

§ 4. Any violation of the provisions of this act shall be deemed a Misdemisdemeanor, punishable by fine or imprisonment. § 5. This act shall take effect immediately.

CHAP. 87.

AN ACT to forbid the assumption of the title of port warden by persons not duly appointed.

PASSED April 8, 1881; three-fifths being present.

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

SECTION 1. No person not duly appointed by the governor and No person senate to the office of port warden shall within this state assume to be a port warden or give himself out as such.

No person shall, within this state, make, sign or issue any certificate, report or other paper, purporting to be made or signed by any person not so appointed in which certificate, report, or paper, such person not so appointed is designated or described as a port warden, whether of this or any other state or any subdivision thereof.

No person not so appointed shall have, permit, or continue in or about his premises, place of business or office, any sign, token or notice that he is a port warden, or that he can or will act as a port warden, or give notice or advertise that he is such or will act as such.

appointed to act as port war

den, etc.

Any person violating any provision of this act shall be deemed Misdeguilty of a misdemeanor, and on conviction, punished by imprison- meanor. ment for not less than three months nor more than one year.

He shall also be liable to pay a penalty of one hundred dollars for Penalty. each offense, to be sued for and, recovered by the attorney-general in the name of the people.

§ 2. This act shall take effect immediately.

CHAP. SS.

AN ACT to amend chapter three hundred and sixty-five of the laws of eighteen hundred and sixty-five, entitled "An act to incorporate the city of Lockport," and the acts amendatory thereof.

PASSED April 8, 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 nine of title four of chapter three hundred and sixty-five of the laws of eighteen hundred and sixty-five, entitled "An act to incorporate the city of Lockport," and the acts amendatory thereof, is hereby amended so as to read as follows:

Salary of

duties.

The

§ 9. The said treasurer and tax receiver shall receive for all his servtreasurer. ices under this act, one thousand dollars per annum, to be paid quarAdditional terly. In addition to the duties above mentioned, he shall perform the duties hereinafter mentioned, in the collection of taxes. Supervis- supervisors snall have and exercise all the powers, authorities and functions of supervisors of towns, and shall respectively be members of the board of supervisors of Niagara county, and shall be entitled to the same compensation, to be paid in the same manner.

ors, powers of

Not to

apply to present

But nothing herein contained shall be construed to apply to the compensation of the treasurer and tax receiver in office at the time of treasurer. the passage of this act, which compensation shall continue to be five hundred dollars yearly until the expiration of the term of office of such present incumbent.

Tax for highways,

sewers,etc.

§ 2. The common council shall have the power to cause a sum in swer each year not exceeding twenty-four thousand five hundred dollars to be raised by tax of which sum four thousand dollars shall be used to defray the incidental expenses of repairing and keeping in order the highways, streets, bridges, sewers and public grounds of the city; and a sum not exceeding four thousand five hundred dollars to be used for the purchase or repair of engines, hose, hooks and ladders, and other apparatus used for extinguishing and preventing of fires, and the building and repairing of reservoirs, public wells, pumps, and for the repair and construction of engines and hooks and ladders, and for the maintenance and running expenses of the water-works of the city; and a sum not exceeding one thousand dollars to be used for the purposes of the board of health; the balance of the moneys raised and the other moneys paid to the treasurer and tax receiver from other sources, shall be used for the payment of the salaries of the officers of said corporation as herein provided, and the contingent expenses of the said city; in addition to the above sum, the common council shall have power to raise one-half the expenses of the lamp district, as provided in section three of title ten, also any amount that may be deemed necessary for the erection of bridges, culverts, et cetera, as provided in section one of title five.

Salaries.

3. This act shall take effect immediately.

Commissioners may sell

lands at auction.

CHAP. 89.

AN ACT to authorize the commissioners of the sinking fund of the city of New York to sell lands no longer required for school purposes in said city.

PASSED April 8, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The commissioners of the sinking fund of the city of New York are hereby authorized, upon the application of the board of education duly authorized and certified, to sell at public auction at such times and on such terms as they may deem most advantageous for the public interest, any land or lands and the buildings thereon, owned by the mayor, aldermen and commonalty of the city of New York, occupied or reserved for school purposes, and no longer required

therefor; provided, however, that no property shall be disposed of for Proviso as a less sum than the same may be appraised at by the commissioners of to price. the sinking fund, or a majority of them, at a meeting to be held and on an appraisement made within one month prior to the date of the sale; and at least thirty days' notice of such sale, including a description of the property to be sold, shall be published in the City Record.

of sale,

§ 2. The money received in payment for the said lands and build- Proceeds ings shall be paid into the treasury of said city, and shall be at once how to be appropriated by the board of estimate and apportionment of said city applied. to the said board of education for the purpose of purchasing other property or erecting other school buildings for new schools, the establishment of which shall have been authorized according to law. §3. This act shall take effect immediately.

CHAP. 90.

AN ACT to amend chapter six of the laws of eighteen hundred and eighty-one, entitled "An act to organize and establish a police force for the city of Binghamton."

PASSED April 8, 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 seven of chapter six of the laws of eighteen hundred and eighty-one, entitled "An act to organize and establish a police force for the city of Binghamton," is hereby amended so as to read as follows:

force.

men.

§ 7. The board of police commissioners, when organized as afore- Police 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 United States. Said board may also appoint, by a majority vote, Special as many special policemen, as from time to time may be deemed ex- police. pedient to serve, with or without compensation as provided by the board, a specified length of time, not extending beyond the first day of February next ensuing after such appointment. No member of the police force, except special policemen, when duly appointed, shall be removed by a majority vote of the board, except upon written charges preferred, and after opportunity to be heard in his defense bet given to the accused; but said board may, by a majority vote, at any time suspend any policeman for inefficiency or misconduct with stop- Suspenpage of salary during such suspension; and any member of the police members force may be removed at any time by the unanimous vote of all the of force. commissioners, or the concurrent vote of three commissioners and the mayor without any specifications, on the part of the board, unless deemed expedient, of the cause for such removal.

§2. This act shall take effect immediately.

sion of