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Duty or commis

fore incurring certain expendi tures.

that may come to their hands. The said boardo
fire commissioners are also hereby invested with all th
discretionary powers necessary to the faithful execı
tion of this act, including the proper selection an
location of all needful buildings and offices, and th
complete equipment of the several companies wit
horses, engines, vehicles and other apparatus, and b
a two-third vote of all the members of said board
shall prescribe, control and regulate the expenditure
of every kind of the department, created by this act

provided, nevertheless, anything in this act to th sioners be- · contrary notwithstanding, that in case of any pro

posed expenditure, not including repairs and supplies but including the schedule of compensation to bi established for the employés of the department, and any increase therein, the same shall first be presented by said board to the common council aforesaid, foi their approval of the same, at the meeting of said common council at which it shall be so presented; and if said common council shall, at said meeting, or, a the farthest, at the next regular meeting thereafter upon a call of the yeas and ways, by a majority vote of all the members thereof, disapprove of the same, it shall not be lawful for said board of fire commissioners to incur or contract said expenditure; otherwise it shall 'be lawful for said board so to do.

$ 5. The chamberlain of the city of Albany shall lain of city- audit and pay the bills contracted or incurred by said

board of fire commissioners under the provisions of this act, upon production of their warrant therefor, signed by at least four of said commissioners, with the proper vouchers attached, and the moneys required for the said department shall be raised as heretofore by tax, as a part of the current expenses of said city.

$ 6. The chief engineer, or, while he shall be absent, the assistant engineer who shall be first at any fire, shall have sole direction and control of the firemen, hose, trucks, vehicles and apparatus of the department during the existence of said fire; always provided, nevertheless, that he shall be subject to, and shall obey and cause to be obeyed by the firemen

Duty of chamber

Duty of chief engiDeer.

any fire, the assista engineer,

commis

common

under his direction, the lawful anthority of the mayor in case of riot or other public disturbance.

s 7. The said board of fire commissioners shall, Report of when required by the common council, report to them sioners to the condition of the department, and, on or before council. the first day of November in each year, shall report in detail to said common council the receipts and expenditures of said department, with other matters pertaining thereto of public interest, including a complete inventory of all the property under their charge; and said report shall also exhibit a particular statement of all fire alarms and fires which have occurred in said city during the preceding year, together with the canses of all such fires, as far as the same shall have been ascertained. It shall also exbibit a particular statement of all losses caused by such fires, and of all insurance thereon. It shall also show the amount of hose which shall have been used; the sources whence the supply of water was derived ; the number and names of all companies under their direction; the names of all members and officers of sach companies; the names of all persons in the employ of said board, and the compensation paid to them, and a statement of all expenses paid or incurred under the direction of said board during the year; and shall set forth such other information relating to the fire department as to the board shall seem important.

S 8. Causes of action upon contract, or for damages By whom arising out of, or pertaining or incident to, the official whom causadministration of the department created by this act, are to be shall be brought directly by and against the mayor, aldermen and commonalty of the city of Albany; and the said board of fire commissioners shall not be sued as such, except to compel or to restrain the performance of acts proper to be compelled or restrained linder, and not within the discretion intended to be conferred by this act.

S 9. The common council, by a two-thirds vote of Removal all the members thereof, may, in case of misconduct, remove from office the said commissioners, or any of them, and declare their places vacant.

S 10. Chapter one hundred and ninety-four of the

and against

es of action

brought.

from office.

[graphic]

SiS

Honorable discharge of present firemen.

tment hoorably dish, by

Laws of this State, passed April six, eighteen hundred and sixty, and all acts amendatory thereof; also section fifty-four of chapter eighty-two of the Laws of this State, passed March thirty-one, eighteen hundred and fifty-nine; also all existing ordinances and regulations of the common council of the city of Albany, relative to the fire department of said city, are hereby repealed.

S 11. Until the organization under this act shall be · put in working order, the present fire companies shall

do duty at all fires that may occur as heretofore, and thereafter upon notice from the board of fire commissioners, the common council shall, by resolution, naming them therein, honorably discharge the members of the department hereby relieved from further duty as firemen, and such discharge shall entitle the firemen so discharged, to all privileges and immuni

causes of fire, &c.

ties of firemen exempt by law. Inquiry into S 12. The said board of fire commissioners are

empowered to inquire into the cause or origin of any fire that may occur in said city of Albany, and for that purpose the said board of fire commissioners are hereby authorized to examine any person or persons, on oath, and to issue their warrant for the attendance of witnesses, returnable either forthwith or at such time and place within said city as they shall appoint therein, under which warrant it shall be the duty of the board of capital police of said city to cause, and, if necessary, compel the witness or witnesses to whom said warrant shall be directed, to appear before the said board of fire commissioners as in said warrant prescribed, on any such investigation ; and any willful evasion of such process, or willful refusal to testify shall be, and be deemed to be a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, the offender shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail or penitentiary, not exceeding six months, or by both such fine and imprisonment. No witness upon any such investigation shall be excused from testifying upon the ground that he will thereby criminate bimself, but his testimony shall not be used against him upon any criminal prosecution.

If it shall appear, to the satisfaction of said board of fire commissioners upon any such investigation, that any building in said city has been willfully burned, or fired, and if the party or parties charged with the offense be not in custody, the said board shall certify their conclusion upon the evidence to the said board of capital police, who shall cause the party or parties charged to be forthwith arrested upon the charge, and until the party or parties charged shall be in custody, all the proceedings of said board, together with the names of the witnesses, shall be kept secret. The testimony taken upon every such investigation, where there shall be, in the judgment of said board of fire commissioners, reasonable grounds to believe that any building within said city has been willfully burned or fired, shall be returned by them to the next criminal court of record having jurisdiction in cases of felony that shall be held in the county of Albany.

$ 13. This act shall take effect immediately.

the names he proceedir parties ested upon

Chap 198. AN ACT to extend the time for the collection of

taxes in the town of South Hampton, Suffolk county.

Passed March 29, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The time for the collection of taxes in the town of South Hampton, county of Suffolk, State of New York, is hereby extended thirty days; provided, however, the collector of taxes, in said town, shall renew his official bond so as to insure the faithful performance of his official, duties during the extension aforesaid.

S 2. This act shall take effect immediately.

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Chap 199.

Vote on moneys for normal school.

AN ACT in relation to raising moneys in the

the town of Cortlandville, in the county of Cortland, for the purpose of aiding in the erection and furnishing of a Normal school building in said town.

Passed March 30, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The electors of the town of Cortlandville, in the county of Cortland, are hereby authorized to vote at the next annual town meeting held therein, or at a special town meeting, called for the purpose, in the manner now provided by law for holding special town meetings, on the question of raising money, (not exceeding fifty thousand dollars in amount), by assessing the real and personal property of the inhabitants of said town, by the board of supervisors of the county of Cortland, to aid in the erection and furnishing of a normal school building in said town of Cortlandville, as located by the commissioners, under chapter four hundred and sixty-six of the laws of eighteen hundred and sixty-six.

§ 2. The board of supervisors of the county of Cortland, are hereby directed and required to levy and collect upon the taxable property of the said town of Cortlandville, in the manner provided by law for the collection of taxes, the sum which shall have been voted to be raised by the electors of said town, under the first section of this act, which sum shall be so levied and collected in such installments and at such times as shall be determined upon by the electors of said town, at said annual or special town meeting, to be expressed by a resolution passed at such meeting.

$ 3. The supervisor of the town of Cortlandville is hereby directed and required to procure suitable blanks, and to issue the bonds of said town, signed by the supervisor thereof, with interest coupons

Tax on town for payment hereof,

Bonds, when payable.

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