Chap. 81. AN ACT to extend the time to finish the Troy, Rensselaer and Became a law April 26, 1911, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The time within which Troy, Rensselaer and Pittsfield Railroad Company is required by law1 to finish its road and put it in operation is hereby extended to the first day of May, nineteen hundred and fourteen.2 § 2. This act shall take effect immediately. Chap. 82. AN ACT to amend chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two, entitled "An act to incorporate the city of Mount Vernon," relative to the appointment of public officers in the city of Mount Vernon. Became a law April 27, 1911, with the approval of the Governor. Passed, three-fifths being present. Passed without the acceptance of the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 182, § 12. by L. 1896. 1901, ch. ch. 204, L. ard L. 1910, Section 1. Section twelve of chapter one hundred and eighty- L. 1892, ch. two of the laws of eighteen hundred and ninety-two, entitled "Anas amended act to incorporate the city of Mount Vernon," as amended by ch. 692, L. chapter six hundred and ninety-two of the laws of eighteen hun- 202, L. 1905, dred and ninety-six, as amended by chapter two hundred and two 1908, ch. 115 of the laws of nineteen hundred and one, as amended by chapter ch 51. two hundred and four of the laws of nineteen hundred and six, as amended by chapter one hundred and fifteen of the laws of nineteen hundred and eight, as amended by chapter fifty-one of the laws of nineteen hundred and ten is hereby amended so as to read as follows: 1 See railroad law (L. 1910, ch. 481), § 12; and L. 1910, ch. 478. 2 See L. 1906, ch. 252. amended. Appointive ofcers; salaries. Appointmeat § 12. The appointive officers of the city shall be a commissioner of public works, a counsel to the corporation, a city clerk, one fire commissioner1 who shall receive a salary to be fixed by the common council, to be paid monthly, from which salary the said commissioner shall pay a secretary or clerk, to be appointed by him,2 one commissioner of charities whose salary shall be a sum per annum, payable monthly, to be fixed by the common council of said city, one health officer whose salary shall be a sum per annum to be fixed by the common council of said city, one constable for each ward, and one poundmaster whose salary shall be five hundred dollars per annum.3 All of the officials shall be Removal. appointed by the mayor. Any of said appointive officers may be removed at the pleasure of the mayor and their successors appointed within sixty days after the beginning of any mayoralty term and within sixty days after the passage of this act. All fees which the health officers of the city of Mount Vernon may at cer to be the time of the passage of this act be entitled to receive for any services whatsoever rendered by him under chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two as amended or added to by any supplemental acts, or any fees to which he may now be entitled by reason of any general statute, or by the provisions of the public health law1 relative to local boards of health for services which may be extraordinary or extra hazardous by reason of epidemic or otherwise in so far as they relate to said health officer, as well as all fees and perquisites which are payable to said health officer and received by him, shall be paid over to the city treasurer of the said city, within thirty days after the same shall have been received by the said health officer. Fees of health off paid to treasurer. § 13, as amended by * § 2. Section thirteen of title two of said act as amended by 1. 1901, ch. chapter two hundred and two of the laws of nineteen hundred and amended. one is hereby amended so as to read as follows: 202, Terms of arpointive officers. § 13. The terms of office of all appointive officers, heretofore appointed, or hereafter to be appointed by the mayor now in office, or hereafter to be appointed on or before the passage of this act by the person performing the duties of the mayor, shall commence as soon after their appointment as they may qualify, as provided So in original. 1 Formerly "three fire commissioners." 2 Words "who shall receive . . . appointed by him," new. 3 Words "all of whom shall be nominated and with the consent of the common council, appointed by the mayor," omitted. Next two sentences new. 4 L. 1909, ch. 49, § 21, as amended by L. 1909, ch. 480. by law; and shall terminate upon the completion of the term of office for which the mayor appointing them was elected, and until their successors in office have been duly appointed and qualified, unless in this act otherwise provided.5 amended by § 3. Section thirty-four of title three of said act as amended $ 34. as by chapter fifty-one of the laws of nineteen hundred and ten is L 1910, hereby amended so as to read as follows: ch. 51. an:ended. powers and 34. The mayor of the city of Mount Vernon shall be the chief Mayor; executive magistrate thereof, and shall when present preside at all duties. meetings of the common council. It shall be his duty to take care that, within said city, the laws of this state and ordinances and by-laws passed by the common council be faithfully executed, and to arrest, or cause the arrest of all persons violating the same, to exercise a constant supervision over the conduct of all subordinate officers; to nominate and appoint all appointive officers; to receive and examine into all complaints against them for misconduct or neglect of duty, and to report the facts to the common council; to recommend to the common council, from time to time, such measures as he shall deem necessary or expedient for them to adopt; to expedite or cause to be carried out all such orders, resolutions or ordinances which shall have passed the common council for the expenditure of money, or of a legislative character, and if he approves he shall indorse his approval thereon in writing, and sign such approval; if he disapproves he shall return. such transcript to the common council or the clerk thereof, with his objections in writing, which shall be filed by the clerk, and the common council shall, at its next meeting thereafter, proceed to reconsider such ordinance, resolution, orders, or acts thus disapproved; and if the same shall be passed by two-thirds of all the members of the common council then in office, the same shall have full force and effect notwithstanding the objections of the mayor. If any such transcript shall not be returned by the mayor to the common council or clerk within ten days after it shall have been presented to him, such ordinance, resolution, order or act shall have full force and effect in like manner as if duly approved by the mayor, unless the term of office of mayor shall expire within ten days after such transcript shall be presented to him, in which case such ordinance, resolution, order or act shall have no force. He shall have power summarily to revoke the 5 Words "unless in this act otherwise provided," new. • Words "with the consent of the common council," omitted. license of any hackman, cartman, or for the exhibition of any show. He shall have power summarily to hear, try and determine any complaint against any appointed officer of said city for misconduct or neglect of duty, and to suspend said officer until the next meeting of the common council. He shall sign all appointments, and all warrants ordered by the common council for the payment of moneys by the city treasurer. He is also empowered to enter any house or building which he has cause to suspect to be a gambling house, or to be inhabited by persons of ill-fame, or to which persons of dissolute, idle or disorderly character resort, and to disperse the same, or arrest such persons and hold them until they can be dealt with before some proper magistrate according to law. He shall have power to administer oaths and take affidavits, and take the proof and acknowledgment of deeds within said city. In case the mayor shall be unable to perform the duties of his office in conse quence of continued sickness or absence from the city, the president of the common council who is to be chosen in the manner hereinafter to be provided for shall be vested with all the powers, and perform all the duties of the 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 Mount Vernon shall possess all the powers and authority conferred upon the mayors 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 of the state; he may also upon complaint being made to him under oath, issue a warrant to the chief of police, or any police officer in the city of Mount Vernon, to arrest any person charged with any crime or misdemeanor, or with any violation of any law or statutes of said state, within such city, and bring such persons for examination or trial either before him, the said mayor, or before the city judge or acting city judge. Any such warrant may be executed by any officer to whom it is directed, at any place within the state. If such process shall be made returnable before the city judge or acting city judge, 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, 7 Words "made by the common council," omitted. as if such process had been originally issued by him. Whenever amended ch. 692, § 4. Section one hundred and sixty-one of title six of said $161, as act, as amended by chapter six hundred and ninety-two of the laws by L. 1896, of eighteen hundred and ninety-six, is hereby amended so as to amended. read as follows: common sary for of § 161. A majority of the common council shall be a quorum for quorum the transaction of business, and in the absence of a quorum at the council. time appointed for any meeting the mayor and three aldermen present, or four aldermen, shall have power to compel the attendance of, send for absent members, in order to make up a quorum. No tax or assessment shall be ordered, except by a concurring vote Vote necesof a majority of all the members of the common council in office, tax. including the mayor, who shall be entitled to vote thereon as a member of the common council. The vote thereon in each case is to be ascertained by taking and recording the ayes and nays and no tax levy, assessment, bill, order, resolution or ordinance shall Approval ef take effect until same shall have received the approval of the mayor, or shall take effect without such approval, as hereinbefore provided. 5. All acts or parts of acts inconsistent with this act are hereby repealed. 6. This act shall take effect immediately. 8 Words or any appointment to office made," omitted. mayor. |