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Determination of County

from to the county court of the county of Otsego by the service of a notice in writing, signed by the appellant or his agent or attor ney upon the president or clerk of the board of trustees of said village, specifying the grounds of such appeal and that the whole or some part of such assessment is appealed from. The county court anal. Court shall within thirty days thereafter convene, and shall hear the proofs and allegations of the parties, and modify, alter or affirm such assessment as justice may require, and the determinaJudgmen tion of such court shall be final and conclusive. In case such assessments. assessment is affirmed, the court shall tax the disbursements against the appellant and may award in addition thereto against the appellant a sum not exceeding twenty-five dollars. The amount so allowed may be docketed in the clerk's office of Otsego county, and shall thereupon become a judgment of the county court.

Costs on

affirming

§ 2. This act shall take effect immediately.

Boundaries of city.

Chap. 142.

AN ACT to revise the charter of the city of Corning.

Accepted by the city.

Became a law, April 6, 1905, with the approval of the Governor. Passed, three-fifths being present.

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

TITLE I.

Boundaries and civil divisions.

Section 1. This act is a public one and shall be known and cited as Corning charter.

§ 2. All that district of country in the county of Steuben, comprised within the following boundaries, to wit: Beginning on the south bank of the Chemung river on the west line of the Corning company lands; thence southerly along the west line of said Corning company lands to the southwest corner of block number one hundred and forty-six; thence easterly along the south lines of block one hundred and forty-six and through the center of Third street to the center of Fox street; thence southerly along

the center of Fox street to the center of Fifth street; thence easterly along the center of Fifth street to the center of Lexing ton street; thence southerly in the line of Lexington street to the south line of block one hundred and fifty-one, being also the south line of said Corning company lands; (the west line of said company's lands and the names of the aforesaid block and streets are the same as fully appear on Brewer and Canfield's map of Corning;) thence from said point on the south line of block one hundred and fifty-one at the point before mentioned easterly in a straight line to the southwest corner of the farm of Stephen T. Hayt, and extending thence along the southerly line of lands of said Hayt, and on the northerly line of the lands of Hope cemetery, and a continuation of said line extended to the middle of the Chemung river; thence northerly and westerly along center of the Chemung river, according to the bends thereof; to the east line of the Bradley farm, now owned and occupied by Luman S. Conover; thence northerly along the east line of said Bradley farm to the north line of the lands of the Delaware, Lackawanna and Western Railroad company as occupied by the railway tracks; thence westerly along the north line of the lands of said railway company to the west line of the lands of John B. McBurney; thence northerly on said McBurney's west line to a point far enough north so that a straight line drawn westerly will meet the east end of the highway running westerly and along the north line of lands of Blair, Robertson and others, to the west end of said highway; thence northwesterly to the highway leading to Hornby at its intersection with the highway leading to Painted Post; thence westerly along said last mentioned highway to the west line of the Dwight A. Fuller farm; thence southerly along the west line of the Fuller farm to the north line of the highway called Pulteney street and being the main highway between Knoxville and Painted Post; thence southerly across the Chemung river to the place of beginning; shall be a city known as the city of Corning.

vested in

Corning

§ 3. All the real estate or interest in real estate and the per- Property sonal property now owned or possessed by or held in the name city of of the city of Corning are hereby vested in the city of Corning with power to hold and convey the same for and as the purposes of said corporation may require. The rights and proceedings and all ordinances, rules and regulations now existing and in

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Wards, de-
scription of.

Town of
Corning,
territory

force in the city of Corning shall be, remain and continue valid and effectual until repealed, modified or changed, subject, however, to the provisions of this act.

§ 4. The said city of Corning is hereby divided into seven wards, as follows: The first ward shall include all of said city lying east of Columbia street extended north to the Chemung river and extended south to said south line of the city of Corning, and lying south of the Chemung river; the second ward shall include all of said city lying south of the Chemung river and west of the east line of Columbia street, extended north and south aforesaid and east of Chemung street, extended south to the south line of the city limits, and from the north end thereof extended to the center of the Chemung river; the third ward shall include all of said city lying west of the east line of Chemung street, extended north and south as aforesaid, and east of the east line of Pine street, extended north to the center of the Chemung river and extended south to the said south line of the city of Corning, and lying south of the Chemung river; the fourth ward shall include all of said city lying west of the east line of Pine street, extended north and south as aforesaid and east of the east line of State street, and lying south of the Chemung river; the fifth ward shall include all of said city lying west of the east line of State street extended north and south as aforesaid and lying south of the center of the Chemung river; the sixth ward shall include all of said city lying north of the center of the Chemung river and east of the east line of Bridge street; the seventh ward shall include all of said city lying north of the center of the Chemung river and west of the east line of Bridge street.

§ 5. The town of Corning shall hereafter consist of all that included in. portion of said town not included within the boundaries of the city of Corning and the territory embraced within the boundaries of the city of Corning as herein before described shall not constitute or be a part of the town of Corning.

City ofcers,
terms and

TITLE II.

Officers, their election and qualification.

Section 6. On the thirty-first day of December, nineteen hunelection of dred and five, the respective terms of office of the mayor, the re corder, the chamberlain, the ten aldermen, the three supervisors,

the two justices of the peace, the two constables, the overseer of the poor and the three assessors heretofore elected in and for the city of Corning, and the respective terms of office of the city clerk and city attorney heretofore duly appointed and now serving as such respectively, shall cease and terminate, and the respective offices of recorder and justices of the peace as now existing shall be abolished. The first election for city officers under this act shall be held at the general election in the fall of nineteen hundred and five. On and after January first, nineteen hundred and Manage six, said city and its affairs shall be managed and conducted in the manner and form and by the officers whose election or appointment is provided for in this act.

ment of city affaire

officers.

§ 7. The elective officers of said city shall hereafter be a mayor, Elective chamberlain, city judge, justice of the peace, three assessors, one sealer of weights and measures and four constables, all of whom shall be elected by the city at large; three supervisors, one of whom shall be elected from the first and second wards hereinbefore described and one of whom shall be elected from the third, fourth and fifth wards herein before described, and the other of whom shall be elected from the sixth and seventh wards hereinbefore described; two aldermen to be elected in each ward.

officers.

§ 8. The appointive city officers shall be a city clerk, city at- Appointive torney, city physician, overseer of the poor, four police commissioners and three commissioners of public works. The mayor shall nominate and by and with the consent of the common council appoint the city attorney, city physician, city clerk and overseer of the poor. The mayor shall nominate and by and with the consent of the common council appoint four police commissioners in the manner provided in title six of this act. Within thirty days after the passage of this act, the mayor shall nominate and by and with the consent of the common council, appoint three commissioners of public works, one of whom shall be appointed for two years, one for four years and one for six years and until the first day of January next after the expiration of said respective terms. In each second year hereafter and at the first regular meeting of the common council for such year, or as soon thereafter as may be, the mayor shall nominate and by and with the consent of the common council shall appoint one commissioner of public works to serve for six years. Appointments to the office of commissioner of public works shall be non-partisan and the

office.

two principal political parties represented in the common council shall each be represented in the board of public works.

Terms of § 9. Except as otherwise provided by this act, the term of office of the mayor, aldermen, chamberlain, city attorney, city clerk, overseer of the poor, city physician, supervisors, constables and sealer of weights and measures shall be two years; of the assessors three years; of the justice of the peace and the city judge four years; of the commissioners of public works six years; of other appointive officers during the pleasure of the appointing power, unless the term of such officers is or shall be provided by law or by the provisions of this act. All officers shall hold office until their successors are elected, qualified and entered upon the discharge of their duties, except as otherwise provided by this act or by a general law.

Election law to govern city elections.

Electors

and their qualifications.

Elections, time for holding.

Officers elected

at first election.

§ 10. The provisions of chapter nine hundred and nine of the laws of eighteen hundred and ninety-six, known as the election law, and the acts amendatory thereof, shall apply to and govern all elections in said city.

§ 11. Every inhabitant of said city who shall, at the time and place of offering his vote, be qualified to vote for member of assembly, shall then and there be entitled to vote for all officers to be elected by the city at large, and for ward officers to be elected in his ward in said city. Every such inhabitant of either the first or second ward in said city shall also be entitled to vote in the ward in which he resides for supervisor of said wards, and every such inhabitant of either the third or fourth or fifth ward in said city shall also be entitled to vote in the ward in which he resides for a supervisor of said wards, and every such inhabitant of either the sixth or seventh ward in said city shall also be entitled to vote in that for a supervisor of said ward.

§ 12. An election of elective officers under this act shall be held at the general election in the fall of nineteen hundred and five and in each year thereafter in conjunction with the general election; and the election of all city and ward officers shall be governed by the general election law of the state.

§ 13. At the first election for city officers held under this act in the fall of nineteen hundred and five, there shall be elected a mayor, a chamberlain, a city judge, a justice of the peace, three assessors, one sealer of weights and measures, four constables, two aldermen in each ward and a supervisor from each district.

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