20. To light the streets of the city.

Lights.

21. To establish, make and regulate public wells, aqueducts Wells. and reservoirs of water for the convenience of the inhabitants of the city and its protection against fires, and to prevent the unnecessary waste of water.

22. To compel all persons to remove the snow, ice and dirt Sidewalks. from the sidewalks in front of the premises occupied or owned by them, and to keep the street swept in front of such premises, and to punish the encumbering of streets and sidewalks with carriages, carts, sleds, sleighs, wheelbarrows, boxes, wood, lumber, timber or other substance or material whatsoever.

23. To ascertain, establish and settle the boundaries of the Streets. city and all streets, alleys and highways therein, and to remove and prevent all encroachments thereon.

24. To prescribe the duties of the marshal, constables designa- Marshal, &c. ted to perform police duties, watchmen, chief engineer, and the members of the fire department, and the duties of citizens upon

occasion of fires.

25. To require the occupants of buildings to provide them- Firebuckets. selves with fire buckets, and to prescribe the manner in which they shall be marked and kept, and to regulate their use at fires.

26. To establish and regulate public markets, and restrain and Markets. regulate the sale of fresh meat and vegetables in the city, and to license butchers, and for cause shown to revoke their licenses.

27. To regulate the construction of chimneys and to compel their Chimnies. sweeping and cleaning.

28. To prevent the dangerous construction or condition of Fireplaces. chimneys, fireplaces, hearths, stoves, stove pipes, ovens, boilers and apparatus used in any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition, and to direct and regulate the manner of keeping ashes.

ries.

29. To regulate and prevent the carrying on of manufactories Manufactodangerous in causing or promoting fires, or producing disagreeable or unwholesome odors.

30. To compel the owners and occupants of buildings to have Scuttles. scuttles in their roofs, and stairs or ladders leading to them.

fires.

31. To authorise the mayor, aldermen, five wardens, and other Idlers at officers of the city, to keep away from the vicinity of any fire, all idle and suspicious persons, and to compel all persons in said city, to aid in the extinguishment of fires and the protection and preservation of property thereat.

32. To authorise and require the marshals or other officers, to Ashes. enter all buildings and enclosures, at proper times, to ascertain whether their arrangements for fire or the preservation of ashes are dangerous, and to cause such as are dangerous to be put into a safe condition.

33. To organise a board of health to consist of six members in Board of addition to the mayor, who shall be its president, and to provide health. measures for the preservation of the health of the inhabitants, and to prevent the spread of infectious or pestilential diseases.

Groceries,

§ 31. The common council shall have power by resolution, 1. To compel the owner or occupant of any grocery, cellar, cellars, &c. chandler's shop, soap factory, tannery, stable, slaughter-house, barn, privy, sewer or other unwholesome or nauseous building or place, to cleanse, remove or abate the same, whenever and as often as it shall deem it necessary for the health, comfort and convenience of the inhabitants of the city; and in case such owner or occupant will not proceed as directed, to cleanse, remove or abate the same, to cause it to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action.

Unsafe buildings.

Dead carcases, &c.

Pestilential diseases.

Removal of buildings, fences &c.

2. To compel the owner or occupant of any building or wall in the said city, which may be in a ruinous or unsafe condition, to render the same safe, or to remove it; and in case he will not proceed as directed, either to render it safe or to remove it, to cause the same to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action.

3. To require the removal or distruction of any dead carcass or other unwholesome or offensive substance, or substance likely to become unwholesome or offensive from any street, lot or building by the owner or occupant thereof, and in case such owner or occupant will not proceed as required, to remove or destroy the same, then to cause the same to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action. But no dead carcass shall be thrown or deposited in the Mohawk river, or on its banks within the limits of said city under such penalties for each offence not exceeding ten dollars, as the common council by by-laws shall prescribe.

4. To take such measures as it shall deem necessary to prevent the introduction into the city, or the spreading therein of any pestilential or infectious disease, and to cause any persons, not residents of the city, infected with any such disease, to be removed to some suitable and proper house or hospital within the city, to be nursed and treated for such disease.

5. To require any building, fence or other erection, which may be placed within or erected upon the line of any street or highway in the city, to be removed therefrom by the owner or occupant, and in case of his neglect to remove the same, to cause it to be removed at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action. § 32. The common council may enforce observance of all orbe enforced. dinances, by-laws, regulations and resolutions which it is permitted to pass in order to carry into effect, the powers vested in it by the imposition of penalties on the persons violating the same, not exceeding twenty-five dollars for one violation to be recovered in a civil action in any court having cognizance thereof.

By-laws to

To be published.

§ 33. Every ordinance or by-law imposing a penalty or forfeiture for a violation of its provisions shall after the passage thereof be published for three weeks successively at least once in each week in the newspapers designated by the common council

for publishing its proceedings. The affidavits of the printer or publisher of such newspapers or of their foreman, of the publication thereof taken before any office authorised to administer oaths and filed with the clerk, or a copy of such affidavits certified by the clerk under the corporate seal shall be conclusive proof of such publication in all courts and places; until such publication the ordinance shall not become operative.

on persons.

§ 34. A copy of any resolution of the common council, passed Copies how pursuant to the thirty-first section of this act, certified by the clerk to be served under the corporate seal of the city, may be served upon any person to be affected thereby personally, or in case such person cannot be found at his or her residence or usual place of business therein, then by leaving it at such residence, with a person of suitable age and discretion. The resolution shall thereupon, so far as such person is concerned, have the same effect as an ordinance duly made and published by the common council. In case the person to be affected by the resolution is a non-resident, no service of a copy thereof shall be necessary, unless he or she has an authorised agent in the city, when the service shall be made pon such agent in the manner in this section provided. §35. The common council shall at the first meeting had, on or Two newsafter the second Tuesday in March in each year, designate at least two newspapers published in the city, in which a copy of the record of its proceedings, and all notices and documents required to be published by this act, shall be printed for the ensuing year. They shall be called the official newspapers.

papers to be selected.

§ 36. All actions brought to recover a penalty or forfeiture for Actions how the violation of any city ordinance, by-law, regulation or resolu- to be brought tion, or for any claim arising under the thirty first section of this act, shall be brought in the name of the city. The defendant in any such action may be arrested upon service of the summons or process by which the action is commenced, as upon a warrant; and execution upon any judgment recovered therein may require that in case nothing shall be found of which the amount can be collected, the defendant shall be taken and imprisoned in the jail of Oneida county for thirty-days.

ures to

§ 37. All penalties, forfeitures or claims due to the city, when Penalties paid to any justice of the peace, shall be paid by him to the treas- and forfeiturer within one week after their receipt by him. Whenever ex- whom paid. ecution shall be issued by a justice of the peace upon any judgment in favor of the city, the same shall be returned by the officer receiving the same, to the justice who issued it, on or before the return day thereof; and if such officer neglects to return the same for twenty days after the return day thereof, the justice who issued it shall report the fact to the treasurer, who shall cause a suit to be brought against the officer for the default. No officer of the city shall receive any penalty or forfeiture due to the city for the violation of any ordinance or any claim arising under the thirty-first section of this act, except the treasurer of the city, a justice of the peace before whom an action has been instituted therefor, or an officer having power by execution to collect it.

Competency of inhabi

tants.

Officers may be removed.

Power to

§ 38. No person shall be an incompetent judge, justice, juror or witness in any action in which the city is a party, or is inter ested, by reason of his being an inhabitant, or owner of real or personal estate therein.

§ 39. The common council may remove from office the treasurer, city attorney, city surveyor, overseer of the poor, collectors, marshal, street commissioner, or constables. No such officer shall be removed except for cause, and not until he shall have notice of the character of the charges made against him, and an opportunity be given him of being heard in his defence. The causes of such removal shall be assigned in writing, and entered in the records of the proceedings of the common council.

TITLE IV.

OF THE IMPOSITION AND COLLECTION OF TAXES FOR ORDINA-
RY CITY EXPENSES.

§ 40. The common council shall have power in each year to raise money raise by tax such sum as shall with the highway tax hereinafter by tax.

Roll of high

way and other taxes

mentioned not exceed ten thousand dollars, exclusive of the ex penses of its collection, to provide for the following purposes:

1. Lighting the streets of the city.

2. Defraying the expenses of the city watch and police.

3. Making and repairing streets and highways and bridges. 4. Providing necessary apparatus and means for the prevention and extinguishment of fires.

5. Defraying the contingent expenses of the city.

6. Defraying the expense of public improvements proper to be borne by the city.

$ 41. In raising the tax provided in the preceeding section of this title, the common council shall first cause a roll of all persons to be made. in each ward who would be liable to be assessed for work on highways if the city were a town, except such persons as are assessed upon some of the assessment rolls of the city, as the owners of real or personal estate, to be made by the assessors, and shall then impose upon each of such persons a tax of not less than sixty-two and a half cents nor more than two dollars and fifty cents, as a poll tax for the making and repairing of streets, highways and bridges, and which shall constitute a portion of the tax proTwo copies vided in such section. The common council shall then cause two to be made. copies to be made of the last assessment roll made by the assessors for each of the wards in the city, with columns prepared for the insertion of the poll tax and for taxes upon real and personal estate; they shall then cause to be inserted in the copies for each ward respectively, the poll taxes to be imposed upon the persons resident in such such ward; they shall then impose upon the persons and property assessed in the assessment roll of all the wards of the city, the amount of tax to be raised under the provisions of said section, after the amount of such poll tax shall be deducted therefrom, and also the amount of any other tax, or tax for extra

Amount for each person

ed.

ordinary purposes which may be required or authorised by law. The amount to be paid by each person and each property shall be entered in appropriate columns, and when the taxes shall be to be enterentered therein and properly corrected, the rolls shall be signed by the mayor and clerk, and one copy of each of the said rolls for each ward shall be immediately filed with the clerk and the other delivered to the treasurer. They shall thereafter be called the tax list.

evidence.

§ 42. The tax lists filed with the clerk, or delivered to the Tax list to be treasurers shall in all courts and places be evidence of the imposition of the taxes, therein contained, and the taxes therein assessed upon or in respect to any real estate shall be liens thereon for two years from the time the tax lists are filed with the clerk.

tice.

§ 43. Upon receiving the tax lists the treasurer shall cause no- Treasurer to tice to be published in the official newspapers once in each week publish no for three successive weeks, that they have been left with him, and that he will be ready at his office between nine and twelve o'clock in the forenoon and two and five o'clock in the afternoon of each day, except Sunday, for one month ensuing the first publication of such notice, to receive payment of the taxes thereon, and that persons paying their taxes within that period will be charged no commissions for the collection thereof. The treasurer shall for one month after the first publication of such notice attend daily at his office from nine o'clock to twelve o'clock in the forenoon and from two o'clock to five o'clock in the afternoon, excepting Sundays, to receive taxes on such list, and no commissions for collection shall be charged on taxes paid within that period Upon receiving any tax the treasurer shall write paid opposite to it, in a column prepared for the purpose, and shall give the person paying a receipt therefor, and keep a check list of all receipts so given.

lists to col

§44. At the expiration of the month mentioned in the prece- To deliver ding section the treasurer shall deliver the tax list in his hands lectors of the of each ward to the collector of such ward, with a warrant un- wards. der his hand thereto annexed directing and requiring him to collect all taxes thereon not marked paid within sixty days thereafter, and to return the said list together with the moneys collected to him at the expiration of such sixty days. The collectors of the several wards shall then proceed to collect the uncollected taxes upon the tax lists so delivered to them respectively in the same manner and with the same powers and duties as a town collector in the collection of taxes imposed by the board of supervisors. They shall be permitted in addition to the taxes on the tax list to collect from each tax payer a fee thereon such as may be allowed by the common council but not to exceed in any case three cents for an amount of tax to be paid by one person less than one dollar nor the rate of three per cent upon the amount of any tax of more than one dollar.

§ 45. If any of the taxes mentioned in the tax lists shall Provisions remain unpaid, and the collector shall be unable to collect the in cases of unpaid taxes same he shall deliver to the treasurer an account of the taxes so