General powers.

in the office, the common council shall appoint, by ballot, one of their number to preside at their meetings, and the presiding officer thus chosen shall be vested with all the powers, and perform all the duties, of mayor of the city until the mayor shall resume his office or the vacancy shall be supplied according to law. The mayor of the city of Elmira shall possess all the power and authority conferred upon mayors Power to of cities by any general statute of the State; he shall have power to apprehend and arrest any person who shall within his view in said city be guilty of any criminal act, or of any violation of the laws or statutes To issue of this State; he may also, upon complaint being made to him under warrants. oath, issue a warrant to the chief of police, or any police officer of the

arrest.

ings there

on.

city of Elmira, to arrest any person charged with any crime or misdemeanor, or with any violation of any of the laws or statutes of said State, within such city, and bring such person for examination or trial either before him, the said mayor, or before the recorder or acting recorder. Any such warrant may be executed by any officer to whom Proceed it is directed at any place within the State. If such process shall be made returnable before the recorder or acting recorder, such officer upon the same being returned to him, or the prisoner arrested by virtue thereof being brought before him, shall take and acquire jurisdiction of the subject-matter, and proceed with the case to the same extent and in the same manner, in all respects, as if such process had been originally issued by him. Whenever any person shall be arrested by the mayor of said city for any offense committed within his view, or by process originally returnable before himself, he may, by an order in writing, transfer the case to the recorder, who shall thereupon take and acquire jurisdiction, and proceed with such case in the same manner, and to the same extent, as if such person had been arrested or such process originally issued by him; or the said mayor may, in any such case, proceed to examine such person and commit him for trial to May hold answer the charge against him or discharge him according to law. If the offense charged is by law triable in a court of special sessions of the peace, the said mayor may proceed to hold a mayor's court of special sessions to try such person or persons, and all provisions of law applicable to courts of special sessions shall extend and apply to such mayor's court. All process for the summoning of jurors or witnesses in such court may be served or executed by the chief of police or any constable Salary of or police officer of said city. The mayor shall receive the sum of three aldermen. hundred dollars, and each alderman fifty dollars per year for his services.

court of

special sessions.

mayorand

Superintendentof streets.

§ 43. The superintendent of streets shall be appointed annually, but may be removed at the pleasure of the common council. He shall, under the mayor and common council, or street committee, superintend all repairs and improvements or work to be done or performed, or ordered, be required to be done or performed upon any of the public highways, streets, walks, bridges, sewers, or public pumps, reservoirs or grounds or property of said city; to hire and employ the requisite laborers; to direct them as to the time and manner of the execution of their work, and certify to the common council at its regular meetings, or oftener if required, all persons who shall have been employed on any of the streets, walks, bridges, buildings, structures, reservoirs; and generally to act under the direction of the common council of the city. He shall not employ his own team or wagon, nor shall he be directly or indirectly interested in any work, or in any contract to work or furnish material for said city, under the penalty of the forfeiture of his office.

sation.

And such superintendent shall receive therefor such compensation not Compenexceeding two dollars per day as shall be prescribed by the common council for the time he shall be actually employed at work.

lain, sal

ary and

of.

tion of

§ 117. The chamberlain shall receive an annual salary not exceeding Chambertwo thousand dollars, which shall include clerk hire, to be paid quarterly, and it shall not be increased or diminished during his continu- clerk hire ance in office; he shall not receive for his own benefit or use any other compensation in fees, allowances, percentages or perquisites of any name or kind whatsoever; all fees or percentages received by him on Disposithe collection of taxes, as hereinafter provided, together with all inter- fees, etc., ests received for balance of city deposits, shall be paid into the city received' treasury for the use of the city of Elmira, and credited to the general fund account. The office of the chamberlain of the city of Elmira shall His office, be kept in such place in said city, and open at such hours, as shall from where time to time, by ordinance or resolution of the common council, be assigned for that purpose.

by.

kept, etc.

Chap. 184.

AN ACT to amend chapter three hundred and seventy-two of the laws of eighteen hundred and seventy-two, entitled "An act to amend the charter of the Orphan Asylum Society in the city of New York."

PASSED April 16, 1879; 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 three hundred and seventy-two of the laws of eighteen hundred and seventy-two, entitled "An act to amend the charter of the Orphan Asylum Society in the city of New York," is hereby amended so as to read as follows:

hold and

§ 7. The said society, in addition to its present estate and funds, is Society authorized to take and receive property, real and personal, by gift, may take, purchase, bequest or devise, and the same to hold, demise, sell and convey convey; and real or personal estate may be so purchased, given, de- property. mised or bequeathed, absolutely or for any term or duration; and upon any condition or limitation, and directly to said society, or to any person or persons in trust for its use; provided that the total value of the Value of property to be holden by the society shall not exceed two million dol- property. lars; and provided that all such bequests and devises shall be subject Bequests to the act of April thirteenth, eighteen hundred and sixty, chapter and dethree hundred and sixty.

§ 2. This act shall take effect immediately.

ises.

Trustees may purchase cemetery.

May levy tax or is

sue bonds for pay

ment.

Tax for payment

price.

Chap. 185.

AN ACT to authorize the board of trustees of the village of Van Ettenville to purchase the Mount Hope Cemetery for the use of said village, and to borrow money for that purpose, or to levy the same by a tax on the taxable property of said village.

PASSED April 16, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The board of trustees of the village of Van Ettenville, county of Chemung, for the purpose of providing a public cemetery in said village for the burial of the dead, are hereby authorized and empowered to purchase the cemetery in said village, known as the "Mount Hope Cemetery," of the Mount Hope Cemetery Association, or the owners thereof, and to receive a deed of conveyance thereof to said village; and the said Mount Hope Cemetery Association, or the owners thereof, are hereby authorized and empowered to convey the same to the said village.

§ 2. The board of trustees of the said village of Van Ettenville are hereby authorized and empowered to pay for the said cemetery by a tax to be levied and collected in the same manner as other village charges or taxes; or they are authorized and empowered to cause the bonds of the said village to be issued in a sum not exceeding five hundred dollars, bearing interest at a rate not exceeding seven per cent per annum, for the sole purpose of paying with the same, or the proceeds of the sale thereof, the purchase price of the said Mount Hope Cemetery; and the said bonds shall be in such form and executed in such manner and payable in such amounts and at even dates, as the said board of trustees may direct.

§ 3. The board of trustees of said village of Van Ettenville shall of bondsor Cause the money necessary to pay the principal and interest on said purchase bonds as the same mature and become due; or to pay the purchase price of the said cemetery, to be assessed, levied and collected in the same manner as other village taxes are assessed, levied and collected in said village.

Right of

way of ambu

lances. Misde

meanor.

§ 4. This act shall take effect immediately.

Chap. 186.

AN ACT relating to ambulances.

PASSED April 16, 1879.

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

SECTION 1. Every ambulance or other vehicle used for the transportation of sick or wounded persons or animals shall be entitled to the right of way over all other vehicles upon every public street, highway and place. Any person who shall willfully interfere with, or retard, or

obstruct, or impede the progress of any such ambulance or vehicle thereon, or who shall willfully injure the same, or willfully drive any vehicle into collision therewith, shall be guilty of a misdemeanor.

§ 2. All police officers, sheriffs and constables shall, when called upon, Officers aid the persons in charge of such ambulance or vehicle in placing sick to aid. or wounded persons or animals therein and in the enforcement of the provisions of this act.

§ 3. Nothing in this act contained shall affect the existing right of Proviso. way of the United States mail; or of the officers, men and fire apparatus of any municipal fire department, or insurance patrol.

§ 4. This act shall take effect immediately.

Chap. 187.

AN ACT to legalize and confirm the acts of the electors of the town of Madrid, St. Lawrence county, in voting to raise money to protect the village of Madrid against conflagrations.

PASSED April 17, 1879; three-fifths being present,

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

electors

SECTION 1. The acts and proceedings of the electors of the town of Acts of Madrid, in the county of St. Lawrence, at the annual town meeting at town held in and for said town, on the eleventh day of February, eighteen meeting hundred and seventy-nine, in voting to raise the sum of three hundred legalized. dollars to be expended in sinking a well on the public square in the village of Madrid, to be used as a public watering-place and for other purposes, are hereby legalized and confirmed.

to

levy tax,

§ 2. The board of supervisors of the county of St. Lawrence are Supervi hereby authorized and directed, at their annual meeting to be held in sors the year eighteen hundred and seventy-nine, to cause to be levied etc. upon the taxable property of the said town of Madrid the sum of three hundred dollars, and to cause the same to be collected in the same manner as other town taxes are collected.

how ex

§ 3. The said sum of three hundred dollars, when so collected, shall Money be paid over to the supervisors of said town, and so much thereof as collected, may be needed shall be expended under the direction of a committee pended. of not less than three, and not more than five persons, to be appointed by the supervisor and justices of the peace of said town in sinking a well in the public square in the village of Madrid, and furnishing the same with such equipments as shall be necessary for the use of the public as a watering-place. And the unexpended balance, if any there be, shall be expended towards the erection of a fire engine-house in said village.

§ 4. This act shall take effect immediately.

So in the original.

Action of

town

meeting legalized.

Chap. 188.

AN ACT to legalize and confirm the action of the electors of the town of Oswegatchie, in the county of St. Lawrence.

PASSED April 17, 1879; three-fifths being present.

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

SECTION 1. The action of the electors of the town of Oswegatchie, electors at in the county of St. Lawrence, at the annual town meeting held therein on the eleventh day of February, eighteen hundred and seventy-nine, in voting to raise by tax on the said town the sum of three hundred and fifty dollars, and to pay the said sum to the persons building a bridge across the outlet of Black lake, between the town of Oswegatchie and the town of Depeyster, under and in pursuance of authority granted by the board of supervisors of the said county; upon the completion of the said bridge, and upon said persons releasing to said town the full and free use thereof, is hereby in all things legalized and confirmed.

Corporators.

powers.

§ 2. This act shall take effect immediately.

Chap. 189.

AN ACT to incorporate the Grand Lodge of the Empire
Order of Mutual Aid of the State of New York.

PASSED April 17, 1879.

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

SECTION 1. Charles A. Gould, S. A. Ellis, William E. Jenney, John B. Schlund, C. S. Parkhill, Harvey J. Tucker, C. D. Prescott, and Edward C. Hawks, and all persons who now are or may hereafter become associated with them or their successors, are hereby constituted Corporate and created a body politic and corporate, by the name and title of the name and Grand Lodge of the Empire Order of Mutual Aid of the State of New York, and as such shall have perpetual succession, and shall be capable of suing and being sued in all courts of record and elsewhere, and of taking, holding, purchasing, mortgaging, granting and conveying real, personal and mixed property, to an amount not exceeding one hundred and fifty thousand dollars; to have and use a common seal, and break and alter the same at pleasure, and shall also have power to institute, direct, manage and control such subordinate lodges as it may see fit, under such constitutions, by-laws, rules and regulations as the said Grand Lodge, hereby incorporated, may establish, not in conflict with the laws of this State.

tion.

Objects of § 2. The objects of such corporation shall be to improve the moral, corpora- mental and social condition of the members of the grand and subordinate lodges under its jurisdiction, to prevent strikes among all classes; to aid, assist and support members or their families, in case of want, sickness or death.