building or structure to any building heretofore constructed, without using for such addition the material herein required for the construction of new buildings. Any owner, occupant, builder Penalty. or other person offending against any of the provisions of this section, shall for each and every such violation forfeit and pay the penalty of three hundred dollars, to be recovered in an action brought in the name of and for the benefit of the said city of Corning, in any court having jurisdiction thereof. In any such action when brought in the supreme court the said court, or any justice thereof, or the county judge of Steuben county may grant a temporary injunction and thereby enjoin and restrain such owner, occupant, builder or other person from violating the provisions of this section during the pendency of such action; and on the trial of such action, and in the judgment when no trial has been had, the court shall also have power to perpetually enjoin the defendant or defendants from constructing the said building or structure, so built in violation of any of the provisions of this section, and to order the same to be removed or taken down. shals, pow ers and of build ings. § 150. The chief engineer and assistant engineers of the said Fire marfire department shall be, ex officio, fire marshals of the city of duties of. Corning, under the direction and control of the board of fire commissioners, and the office of the fire marshals in and for the city of Corning is hereby created. The said fire marshals shall Inspection have power and it shall be their duty as often as once in every six months to enter and inspect the several buildings, dwellings and outhouses within the city of Corning at reasonable hours of the day to ascertain whether such dwellings, buildings and outhouses are safe from danger of fire and whether they are provided with sufficient scuttles to their roofs, with proper ladders or stairs leading thereto, and if found to be unsafe or without scuttles and ladders, it shall be the duty of one of said fire marshals to notify in writing the owner or occupant of such dwelling, building or outhouse of the defect and danger complained of; immediately after such notification it shall be the duty of the owner or occupant of such dwelling, building or outhouse to repair the same in such manner as to remove the defect complained of. Any person refusing to allow any such fire marshal Penalty for to enter and inspect any such dwelling, building or outhouse in permit inthe manner aforesaid, or refusing or neglecting to make such a repairs after notice given as aforesaid shall, for each and every refusing to spections marshals. of this and preceding section, report of. offense, forfeit and pay to the city of Corning the penalty of fifty dollars, to be recovered with costs in an action in any court havViolations ing jurisdiction. It shall also be the duty of said marshals to report in writing, all violations of the provisions of this and the preceding section, to the city attorney, stating the names of the offending parties, the situation and character of the property in question, the nature of the offense, and such other information as may be necessary to enable him to act in the premises; and said city attorney shall prosecute the offenders in any court having jurisdiction, if they persist in the offense. Sale of police de- Issue of execution on judgment to § 151. It shall be the duty of the chief of police in the month of January in each year, to cause to be published once a week for three weeks, in one of the public newspapers printed in said city, a list of all goods, wares and merchandise then remaining unclaimed in the police department, and which has been in its possession for a period of one year, with notice that unless claimed by the owner with satisfactory proof of such ownership before a day therein mentioned the same will be sold at public auction to the highest bidder at a time and place named in said notice. At the time and place named in said notice all such property remaining unclaimed shall be sold at public auction by said chief of police, and the avails thereof, after deducting all expenses of such sale, he shall pay to the city chamberlain. § 152. When judgment shall have been recovered in favor of said city for any fine, penalty or forfeiture, execution thereon may or penalty. issue against the person as well as against the property of the defendant, in the form prescribed by law for such execution. recover fine Word § 153. No person shall be an incompetent judge or juror by reason of his being an inhabitant of said city, or liable to taxation therein, in any action or proceeding in which said city is a party or interested. § 154. The word person as used in this act shall be construed to include all persons, firms, companies, corporations and associations. § 155. All acts and parts of acts inconsistent with this act are hereby repealed. § 156. The legislature may at any time alter or repeal this act. § 157. This act shall take effect immediately. Chap. 143. AN ACT making a reappropriation for the improvement of the canals. Became a law, April 7, 1905, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Section 1. The sum of ten millions of dollars, being the amount § 2. This act shall take effect immediately. Chap. 144. AN ACT to amend chapter eighty-three of the laws of nineteen Became a law, April 7, 1905, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and meeting of town boards Section 1. Sections three and ten of chapter eighty-three of the laws of nineteen hundred and five, entitled "An act to provide for an enumeration of the inhabitants of this state, and making an appropriation therefor," are hereby amended to read as follows: § 3. The county clerk of each county shall, forthwith upon the Notice of enactment of this amendment, mail a notice to each member of the to prepare town board of every town in the county where a description of the of election boundaries of which town are not filed in his office, or if such town was divided into election districts on the day of the general election held in the state in November, nineteen hundred and four, a description of the boundaries of the election districts of descriptions districts. Town board boundaries as they existed November Arst, 1904. to specify names of town and election which town are not filed in his office, requiring him to attend a meeting of the town board of such town at the office of the town clerk at two o'clock in the afternoon on a day to be specified in such notice, which day shall be not less than three nor more than five days after the mailing of such notice, for the purpose of preparing and forwarding to the county clerk a description of such town or of the election districts therein as required by this secto describe tion. The town board shall, at such meeting, if such town was not divided into election districts on the day of the general election held in the state in November, nineteen hundred and four, prepare a description of the boundaries of such town as they existed on the day of such general election. If such town was on the day of such general election, divided into election districts the town board shall, at such meeting, prepare a description of the boundaries of each election district in the town as the same existed on the day of the general election held in the state in Description November, nineteen hundred and four. Such description, in addicounty, tion to the boundaries, shall specify the name of the county, the number of name of the town, and if divided into election districts, the numdistricts. ber of the election districts. The town board shall forthwith file Number of such description in the office of the town clerk. The town clerk description. shall immediately prepare three copies of such description, certify that each is a copy of the original filed in his office, and forward such copies to the county clerk. The county clerk shall immediately on the receipt thereof file one of such copies in his office Expense of and transmit two of such copies to the secretary of state. The description expense of the members of the town board in preparing such description, and of the town clerk in preparing and forwarding copies thereof to the county clerk shall be a town charge. If any county clerk or town officer wilfully fails to comply with the provisions of this section, he shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred dollars, or less County than fifty dollars. If the boundaries of a town or of the election districts therein as the same existed on the day of the general election held in November, nineteen hundred and four, are filed in the office of a county clerk, but he has not filed copies of the same with the secretary of state, he shall forthwith upon the enactment of this amendment, transmit to the secretary of state two certified copies thereof. The secretary of state shall issue to each enumerator a certificate of appointment under his hand, in copies of preparing a town charge. clerks shall forthwith send descriptions. of appointment of enumerators shall be their au act. which certificate the election or other district or districts assigned Certificates to the person so appointed shall be designated. The secretary of state shall transmit with such certificate a description of the evidence of boundaries of the election or other districts within which such thority to duties are to be performed by him. Such certificate shall be delivered to the person appointed and shall be evidence of the facts therein contained and of his authority to act under the provisions of this act. Where copies of maps of such election or Maps. other districts are obtainable, the secretary of state shall secure two copies of the same, one of which shall be retained by him. as a record of his office, and one furnished to the enumerator of such district or districts for his guidance. commence ment of tion. Enumerator shall visit ing house and family. § 10. On such day in the month of May or June, nineteen hun- Don dred and five, as the secretary of state shall direct, every such enumeraenumerator shall proceed to enumerate truly and accurately the inhabitants residing in the election or other district or districts for which he shall have been appointed, together with the facts and statistics required by the population schedule or return, and such other schedules or returns as the secretary of state may determine. It shall be the duty of each enumerator to visit personally each dwelling house in his election or other district and each dwelleach family therein and each individual living out of a family in any place of abode, and by inquiry made of the head of each family or of the member thereof deemed most credible and worthy of trust, or of such individual living out of a family, to obtain each and every item of information and all particulars required by this act as of such date in May or June, nineteen hundred and five, as so directed by the secretary of state. And in case no person shall be found at the usual place of abode of such family or individual living out of a family competent to answer the inquiries made in compliance with the requirements of this act, it shall be lawful for the enumerator to obtain the required information from the family or families or person or persons living nearest to such place of abode. Every person whose usual place Inhabitants, of abode shall be in any family on such date so prescribed by turned. the secretary of state, shall be returned as of such family; and every inhabitant casually absent at the time of taking the enumeration shall be returned as belonging to that place in which he usually resides. It shall be the duty of each enumerator to Completion complete the enumeration and all his official work and forward tion, date Duty of enumerator when family is not at home. where re of enumera of. |