Entries, to be

elections of officers. He shall also enter in a book, to be called the clerk's minutes, a memorandum of the services of all notices, stating the time and manner of service, and of any other acts appertaining to the duties of his office. He shall serve all notices, or cause the same to be served by a policeman of the city, and a certificate stating the time and manner of such service shall be made by the person serving the same, and be filed by the clerk, which certificate shall be conclusive evidence of such service. He shall file all papers required by the common council, or by this act, make copies of such assessment-rolls and other papers, as may be required by the common council or mayor, and shall keep in good order the books and papers pertaining to his office. He shall enter on the journal the names of the aldermen voting on each side of any question on which a vote is taken, by yeas and nays.

§ 45. The entries in the journal and clerk's minutes or sworn copies evidence. thereof shall be presumptive evidence of the truth of the statements made in such journals or minutes.

TITLE VII.

Assessor.

Assess

owner

ship.

OF THE ASSESSMENT AND COLLECTION OF TAXES.

§ 46. At their first meeting in June in each year, the common council shall, by ballot, elect a person who shall be the assessor for the ensuing year. Such assessor shall, on or before the first day of July next following in each year, prepare an assessment-roll of the property in said city liable to taxation. Such assessment-roll shall be prepared ment-roll. by copying from the assessment-roll of the town of Oswegatchie on which the last preceding town and county tax was levied, all property, real and personal, subject to taxation in the city of Ogdensburg, with the valuation thereof as the same appears on said last assessment-roll of the town of Oswegatchie. The assessor shall also make out and attach to said roll a list of the property subject to taxation in the consolidated school district lying without the city limits, with the valuaChange of tion as above provided. When any property subject to taxation shall have changed ownership since the last assessment-roll of the town of Oswegatchie was completed, it shall be the duty of the assessor to assess the same to the owner at the time of making his said roll, and when any property shall have changed in value during the same time, either by reason of improvements to or the erection of buildings thereon, or damage to buildings by fire or cause other than ordinary wear, the assessor shall place the same in said roll at its valuation at the time of making such new roll. Except as above provided, the assessor shall have no power to alter or change the assessments and valuations of property subject to taxation in the city of Ogdensburg or the consolidated school district, as the same appear on the said last preceding assessment-roll of the town of Oswegatchie. In acting under this section, the assessor shall have the same powers and duties, except as otherwise provided, and be subject to the same liabilities Roll to be only as town assessors. The town clerk of the town of Oswegatchie shall at all times allow said assessor free access to and inspection of mon coun- the assessment-rolls on file in his office. Upon completion of said assessment roll, as herein provided, the assessor shall submit the same to the common council, which shall thereupon appoint two members to act with said assessor as a board for hearing and deciding complaints of persons aggrieved at the action of said assessor in changing valuations and assessments as the same appeared on the last preceding roll

submitted

to com

cil.

of the town of Oswegatchie. But no other assessments shall be subject to review; except said board shall have the power to correct any clerical errors in copying assessments from said town roll.

Said board shall give notice of the time and place of meeting to hear Correction applications to correct valuations as herein provided, and shall pub- of roll. lish said notice in two newspapers published in said city, at least two weeks prior to the time appointed for such meeting. Upon the day appointed, said board, or a majority of them, shall meet and hear complaints and shall have power to administer oaths and to correct valuations in accordance with the provisions of this section as above stated, and not otherwise.

completed

1.

§ 47. It shall be the duty of the assessor to have such assessment-roll Roll to be completed by the first day of August in each year, and upon the com- by August pletion of such roll and upon receiving from the common council their directions as to the sums to be raised by general or special tax, for the current year, the assessor shall proceed to apportion the amount required to be raised, according to the valuation and assessment, in the same manner as is required for town and county tax lists, and deliver the said roll to the city clerk within five days after receiving such di

rections.

ment for

fund.

§ 48. The assessor shall assess against every person liable to a poll Assesstax in said city, except firemen, one dollar for the benefit of the gen- general eral fund; and shall also upon his roll assess every further sum, if any, voted as a general and special tax, pursuant to the provisions of this act. If the names of any person liable to a poll tax are omitted, Poll tax. the collector shall add the names from time to time, assessing against each the sum of one dollar, subject to an appeal to the common council; and it shall be the duty of each street commissioner to inform him of all such omissions and new comers, and he may continue to assess and collect against all such, after the final return of his warrant. If any person liable therefor shall refuse or neglect to pay any such poll tax, the common council may recover the same, with inter- same. est from the date of the warrant, by suit to be brought before the recorder of the city, who shall have jurisdiction thereof; and the return of the collector shall be conclusive evidence of the non-payment of such tax. And the provisions of section seventy-four of this act shall apply to such actions, and to the judgment and execution. therein.

Suit to

recover

warrant.

§ 49. The warrant to collect the taxes shall be signed by a majority of Tax the common council; shall specify the amount of taxes applicable to the respective funds; shall require return of the warrant and roll to the clerk, within sixty days after delivery, and it then may be renewed from time to time in the discretion of the common council. The warrant may be in other respects in form, substantially, as warrants of town collectors.

ex-officio

§ 50. The treasurer, as collector ex-officio, shall be vested with the Treasurer, same powers and, except as herein provided, entitled to the same com- collector. pensation in respect thereto, as collectors of taxes in towns, and shall proceed in the same manner except as herein otherwise provided.

tion of

§ 51. If any property owned by a resident or non-resident of the Descripcity shall not be sufficiently described upon the assessment-roll, to property. enable a sale thereof to be made, the common council may alter and amend such description at any time before the final return thereof. All taxes on property of non-residents shall be liens on such property. § 52. Whenever any person or corporation upon whose estate or Collection property tax or assessment shall be imposed or assessed in pursuance

of taxes.

Sale of property

for taxes.

If not redeemed in one year.

absolute.

of this act, shall refuse or neglect to pay the same within the life of the warrant issued for the collection thereof, and there shall not be sufficient personal property of such person or corporation found within the limits of said city, whereof the same can be levied and collected, the collector holding such warrant shall make return thereof to the common council, and such return shall be conclusive proof of the nonpayment, and of the want of personal property as aforesaid. The common council are thereupon hereby authorized to cause the estate upon which such tax or assessment is imposed or assessed to be sold at public auction for a term of time, for the payment of the amount of tax or assessment and the interest thereon from the return day of the warrant, and the costs and expense of the publication, and expense (not exceeding two dollars) of the sale, giving six weeks' notice of such sale in two newspapers published in said city, and serving personal notice an equal time before the sale upon the owner, if he be a resident of the city known to the person conducting the proceedings, or on the agent in the city, if known, and if the owner is a non-resident, or by mail with the postage thereon paid, directed to his residence out of the city, if known to such person. And the estate shall be sold to the person who shall offer to take it for the shortest term for the payment of such tax, assessment, interest and expenses, and the expense of the lease, affidavits and recording. Affidavits made as provided in cases of foreclosure of mortgages by advertisement may be made and recorded with the lease, and shall be conclusive proof of the facts therein stated, and have the same effect as the record of other leases of real estate.

§ 53. Whenever any real estate shall be sold for the collection of any tax or assessment, and the owner thereof, his heirs or assigns, shall lease to be not within one year thereafter have paid or tendered to the purchaser thereof, or his legal representative, or deposited for him with the treasurer of the city of Ogdensburg, the amount of the bid on such sale, with interest at the rate of fourteen per centum per annum from and after the time of such sale, the lease shall be absolute; but on proof by affidavit filed in the office of the county clerk showing such payment, or the tender and deposit within the time above specified, the lease shall be discharged of record, and shall cease to be of force.

Possession.

Duty of street commissioner.

When collector to collect interest.

§ 54. The purchaser at any such sale, on receiving such lease, or his heirs or assigns, may immediately enter into possession of such real estate, and hold, occupy and enjoy the same for the term for which it was sold; and such lease shall, in all courts and places, be held conclusive evidence of the right of such purchaser, his heirs or assigns, to such premises during such term, as against the said owner or those claiming under him.

§ 55. The street commissioners, severally, shall only act as such, and be in nowise, either directly or indirectly, interested in any job, work team or labor, of any person employed on the highway, work or streets of the city; shall, when required by the common council, make a report to them, under oath, of all moneys received by them officially, stating who from and what for, together with the amount expended, and what for and to whom paid, giving name and date and work done, and place where and by whom done, and for each and every omission to make and deliver such report, the person so omitting shall forfeit ten dollars, to be sued for and collected by the common council in the name of the city, and, until paid, be suspended from office.

§ 56. Under all warrants issued to the treasurer as collector exofficio, except for the collection of taxes apportioned pursuant to section forty-seven of this act, he shall collect interest from the date of

be pub

the original warrant at the rate of six per cent per annum, upon all sums required thereby to be collected. IIe shall, instead of posting Notice to the notices of the times and places at which he will receive taxes, lished. required to be posted by town collectors, cause the same to be published for thirty days, in their regular issues, in two newspaper published in said city; and he shall receive all taxes paid during the thirty days from the first publication of such notices, without fees; and for the collection of taxes after said thirty days, he shall be entitled to charge, collect and receive the same fees as now provided by law for town collectors. He shall, as fast as he collects the same, pay into the To public depositary all moneys so collected, and report the amount of his money. collections to the common council whenever and as often as they shall direct, and he shall return his warrant to the clerk within the time specified for the return thereof.

TITLE VIII.

FERRIES.

deposit

57. The common council of the city of Ogdensburg are hereby control of vested with the power to control, regulate, lease and license such and ferries. 80 many ferries across the Saint Lawrence river, from said city to Canada shore opposite the same, as they shall deem proper; to fix the rates of ferriage for persons and property, the kind and character of the boats to be used on the same, the places where the same shall run, and the times when the same shall leave, and to adopt such other rules and regulations in relation thereto as said board may from time to time deem proper.

license of.

§ 58. No lease or license shall be granted by said board for any period Lease or over five years, and such lease or license shall in all cases be granted to terminate on the first Monday of April. Before the expiration of any lease or license of such ferry, the common council shall resolve what number of ferries to allow, the lines or points between which shall be the landing places, the period for which leases and licenses should be granted, the kind of boats to be used, the rates of ferriage on passengers and property, and the date at which they will hold their first meeting to consider proposals for one or more of such leases. Such resolution shall be published once a week for two weeks next before the time last referred to in two newspapers printed in the city of Ogdensburg. At the time designated they shall hear all proposals that may be made, and negotiate for the leasing of any or all of such ferries, and lease the same if terms shall be offered which, in their judgment, it is for the interest of the city to accept, and shall cause the agreement, lease and license to be executed on receiving security as hereinafter provided; and in such agreement shall be stated the particular place at which the ferry boats shall land, the number of trips to be made daily, the hours of departure and return, and other suitable provisions that may be agreed upon by the parties. Should not all the ferries be leased at the first meeting, the common council shall lease the same as soon thereafter as can be done consistent with the interests of the city. The amount of rent to be paid to the city for the lease and license shall be payable at the office of the treasurer in equal payments every three months. The common council may vary any of the terms of their resolution, if necessary or expedient, before any lease is granted, pursuant to the resolution, and may vary the same thereafter in any respect not detrimental to a prior lease.

Lessee or

give bond.

$59. No person shall receive a lease or license of any such ferry licensee to until he shall enter into a bond to the city of Ogdensburg, in the penalty of two thousand dollars, with two or more sufficient sureties approved by the mayor, conditioned that he will pay the rent punctually during the whole continuance of the lease, and that he will faithfully attend and keep such ferry, and will at all times run the same at such rate, and with such boats, at such times and in such manner as is specified in his said lease, and that he will faithfully keep and observe all the by-laws and regulations which may be adopted by said board relating to ferries, under a forfeiture of twenty-five dollars, to be paid to the city for each and every neglect or violation, unless the same shall be excusable by reason of accident or stress of weather. Such bond shall be filed with the clerk, and the common council shall cause prosecution thereon to recover the penalty for every violation which they

Money to credit of general

fund.

Unlawful ferrying a misde

meanor.

Chief

duty of.

shall consider not excusable.

§ 60. The moneys received for all leases and licenses, and for all penalties recovered on the bonds of licenses, and for violation of the laws relative to ferries, shall be paid into the city treasury to the credit of the general fund.

§ 61. Any person or persons who shall carry on any ferry, or be in any way concerned or engaged in carrying on the business of ferrying across the Saint Lawrence river between the said city of Ogdensburg and the Canada shore opposite, unless by virtue of a lease or license granted by the said common council, as herein provided, shall be deemed to use and carry on such ferry for profit or hire, and shall be deemed guilty of a misdemeanor, and on conviction, shall be subject to a fine of twentyfive dollars, for the use of said city, or to imprisonment not exceeding sixty days, or to both such fine and imprisonment, in the discretion of the court; provided that no person shall be guilty of crime or subject to forfeiture for conveying his own property in his own boat or floating his own property.

TITLE IX.

OF THE FIRE DEPARTMENT.

§ 62. The chief engineer of the fire department shall, under the engineer, direction of the common council, have the general superintendence and custody of the fire engines, engine-houses, hooks, ladders, hose, public cisterns, and other conveniences for the prevention and extinguishment of fires. It shall be his duty to see that the same are kept in proper order, and to make detailed reports to the mayor of the condition of that department three weeks before each annual election, and to make like reports to the common council as often as they may require.

Assistant

863. It shall be the duty of the chief engineer to be present at fires of buildings and take command of the fire companies, hose companies, and hook and ladder companies, and the general control of all apparatus for the extinguishment of such fires.

§ 64. The assistant engineer shall aid the chief engineer at all fires, engineer. and in case of the absence of the chief engineer the duties and powers of the office shall be exercised by the first assistant, or in his absence by the second.

Powers of

mayor,

engineer and aldermen

at fires.

§ 65. The mayor or engineer or aldermen may keep all idle or suspicious persons away from the vicinity of any fire, and may require the inhabitants of said city, or any bystanders, to form ranks or lines to carry water for the extinguishment of any fires in said city, and to aid the firemen in working their engines, hooks, ladders and hose, and to