north fifty-three degrees twenty-three minutes east one hundred and eighty-four feet; thence south fifty-four degrees twelve minutes east eight hundred and eighteen feet; thence south thirtyseven degrees six minutes east seven hundred and thirty-nine feet; thence south forty-three degrees forty-two minutes west one hundred and sixty-five feet; thence south forty-six degrees thirty minutes east twelve hundred and fourteen feet to a point in the easterly boundary line of Oneida county; thence northeasterly along said easterly boundary line of Oneida county to the south line of New York, West Shore and Buffalo railroad; thence westerly along the south line of said railroad to the middle of Culver avenue; thence southerly along the middle of Culver avenue to the middle of Rutger street; thence westerly along the middle of Rutger street to the middle of Saint Vincent street, as produced and extended to Rutger street, the place of beginning. Fourteenth ward. Beginning at a point on the city line, south of the New York Central railroad, one hundred and twenty feet west of the west line of Andes avenue extended to the New York Central railroad; running thence southerly parallel with the west line of Andes avenue to the middle of Whitesboro street; thence easterly along the middle of Whitesboro street to the middle of Court street; thence continuing easterly along the middle of Court street to the middle of Lenox avenue (formerly Hicks street); thence southerly along the middle of Lenox avenue (formerly Hicks street) to the middle of the old Chenango canal; thence southwesterly along the middle of the old Chenango canal to the middle of Burrstone road; thence westerly along the middle of Burrstone road to the old city line (as established prior to nineteen hundred and thirteen); thence northerly along the old city line (being the east line of Churchill avenue extended) to the northerly boundary line of the eleventh ward; thence westerly along said boundary line to the city line; thence following the city line northerly, westerly, northerly and easterly to the place of beginning.

Fifteenth ward. Beginning at the intersection of the middle of South street with the middle of Steuben street; running thence southerly along the middle of Steuben street to the middle of Pleasant street; thence easterly along the middle of Pleasant street to the middle of Neilson street; thence northerly along the middle of Neilson street to the middle of South street; thence westerly along the middle of South street to the middle of Steuben street, the place of beginning.

Sixteenth ward. Beginning at a point in the boundary line of the counties of Oneida and Herkimer, five hundred feet southerly of the middle of the highway known as the "Back road;" thence running northwesterly across the town of Deerfield on a line parallel with the middle of the improved highway known as the "River road" to the boundary line of the towns of Deerfield and Marcy; thence south along said boundary line to the boundary line of the second ward; thence easterly along the northerly boundary line of the second ward and the northerly boundary line of the first ward to the boundary line of the counties of Oneida

City judge, special city

justices of

and Herkimer; thence northerly along the boundary line of the counties of Oneida and Herkimer to the place of beginning.

nor

Seventeenth ward. Beginning at the intersection of the southerly line of Prospect street with the center of Oneida street; thence southerly along the center of Oneida street to the southerly line of Forest Hill cemetery; thence easterly along the southerly line of Forest Hill cemetery to a point two hundred feet from the easterly line of Oneida street; thence southerly parallel with and two hundred feet from the easterly line of Oneida street eight hundred and fifty-three and four-tenths feet; thence therly along the southerly boundary line of lands of George M. Steffen to the casterly boundary line of the New Hartford sewer district number one; thence southwesterly along the boundary line of said New Hartford sewer district number one to the center of Sauquoit creek; thence northerly down the center of Sauquoit creek to the northerly corporation line of the village of New Hartford; thence along the said corporation line to the easterly line of Sherman's road or Whitesboro street; thence northerly along the easterly line of said Sherman's road or Whitesboro street to the northwesterly boundary line of the lands of the Sauquoit Spinning Company; thence northeasterly along the northwesterly boundary line of the lands of the said Sauquoit Spinning Company to the center of Sauquoit creek; thence northerly down the center of Sauquoit creek to the northerly boundary line of the lands of the New Hartford sewage disposal plant; thence easterly along the boundary line of the lands of said New Hartford sewage disposal plant to the westerly boundary line of the right of way line of the New York Mills branch of the West Shore railroad; thence southeasterly along said right of way line of the said New York Mills branch of the West Shore railroad to the point where said westerly right of way intersects a line parallel with and one hundred and twenty feet northerly from the center line of the West Shore railroad; thence easterly parallel with and one hundred and twenty feet northerly from the center line of the West Shore railroad to the northerly blue line of the abandoned Chenango canal lands; thence easterly along the said blue line of the abandoned Chenango canal lands to the southerly line of the right of way line of the New York, Ontario and Western railroad; thence northeasterly along the right of way line of the New York, Ontario and Western railroad to the former city line; thence southeasterly along the former city line to the middle of Oneida street, the place of beginning.

ARTICLE II.
OFFICERS.

§ 1. There shall be elected by the qualified electors of the city, judge, in addition to such other officers as are or may be provided by the peace. law, a city judge, a special city judge and two justices of the peace. The term of office of the city judge and special city judge shall be four years. The city judge and the special city judge shall shall be and continue residents of the city of Utica during their

terms of office. The term of office of each justice of the peace shall be four years and such justices of the peace shall be and continue be attorneys of the supreme court of the state of New York and* residents of the city of Utica during their terms of office.

from office.

§ 2. Any elective officer, except city judge, special city judge and Removal justices of the peace, may be removed from office for misconduct or malversation in office by the governor in the same manner as sheriffs. Justices of the peace may be removed from office for cause in the same manner as justices of the peace. A supervisor may also be removed from office by the common council for misconduct or malversation in office by a vote of three-fourths of all members of the common council after notice and an opportunity to be heard upon the charges preferred against him. Nothing herein. shall restrict the right of removal otherwise vested in any board or officer of the city, but the powers herein conferred shall be additional to any such other provisions for removal.

justice of

and con

§ 3. No person elected or appointed justice of the peace or Bonds of constable in said city shall enter upon or continue in office until he the peace shall have executed and filed with the city clerk as prescribed by stable. law the official undertaking by which such justice of the peace or constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said justice of the peace or constable may become liable to pay them by reason or on account of any moneys which such justice of the peace or constable may collect or receive by virtue of his office, or on account of any official default. Actions may be brought upon such instruments in the name of any person or persons entitled to the money or damages sought to be collected by virtue thereof at any time, but the same must be brought during the term for which the justice of peace or constable making them was elected, or within two years after its expiration.

diction of

§ 4. The city judge and special city judge shall have and possess Jurlsall the powers and authority and perform the duties formerly city judge possessed by the recorder of said city, and, in addition thereto, and special shall have authority to try and determine all cases arising under the ordinances passed or which may hereafter be passed by the common council of the city, and all fines and costs collected for the violation of the ordinance shall be paid to the city treasurer.

the peace;

§ 5. After this act takes effect, there shall be but two justices of Justices of the peace in the city of Utica. At the general city election in said number. city next preceding the termination of either of the terms of office election. of the two justices of the peace now holding said office in said city, or in case of a vacancy in such office, a justice of the peace shall be elected in the manner and for the term prescribed by law and the charter of said city.

the peace;

§ 6. Said justices of the peace shall have the jurisdiction and Justices of powers conferred upon justices of the peace, in towns, but said jus- jurisdictices of the peace shall have no jurisdiction or authority given to justices of the peace by the code of criminal procedure, or in any

So in original. [Line misplaced. Should follow line "shall be four years. The city judge and special city judge," page 990.]

tion.

Clerk.

Power to

open judg

ment on

default.

Removal of

Justice to

actions or proceedings of which the recorder's court of the city of Utica had the exclusive jurisdiction. But said justices of the peace shall have the power to endorse a warrant issued by a magistrate of another county in a proper case. Said justices of the peace shall each have the power to appoint and at pleasure remove a competent person of full age and a resident of said city to act as clerk of said justice so appointing him. Such appointment or removal shall be in writing signed by said justice, and filed in the office of the city clerk of said city. Such clerk so appointed shall be known as justice's clerk, and he shall take and file with said city clerk the constitutional oath of office. Such justice's clerk shall receive no salary or compensation whatever from said city. He shall have power to approve undertakings in actions brought before said justice and to issue any civil process under the hand of the justice so appointing him that said justice of the peace might himself issue, and in case of the absence of said justice of the peace to call and adjourn cases, and to join issues in actions or proceedings in the same manner as said justice of the peace might do if present, but he shall have no power to determine issues of law. Each of said justices of the peace shall have power upon two days' notice, or order to show cause returnable not less than two days on such terms as he shall deem just, not exceeding the costs entered in the judgment and five dollars additional to open a judgment taken against either party on default, and shall have power to stay all proceedings pending the motion or order. This motion. may be made within twenty days after judgment, whether a transcript has been filed in the Oneida county clerk's office or not; and the said justice shall have power to stay proceedings on any execution issued on said judgment, and to direct the judgment to be cancelled on the books of the county clerk.

§ 7. Any action brought or instituted before any justice of the action from peace aforesaid shall on motion of any defendant be removed to eity court. the city court of said city, if such defendant shall at the time of joining issue, or before any witness is sworn therein, file an affidavit with the justice that he has a meritorious defense, offset or counterclaim to the plaintiff's cause of action, and pay to justice the legal fees for all proceedings had and taken in said action up to the time of filing such affidavit. Thereupon and within twentyfour hours after the filing of said affidavit and payment of costs, the justice of peace before whom such action was commenced shall certify and return to the said city court all papers and proceedings made, had and taken before him in said action, and said action shall thereafter proceed and be determined in said city court in the same manner and with the like effect as if originally instituted therein, and issue in said action shall be deemed to have joined in said city court as of the day the original process in such action was made returnable before the justice of peace issuing it. Any justice failing to certify and return to said city court all papers and proceedings made, had or taken in an action brought before him and removed to said city court, as

above provided, shall, upon conviction thereof, be deemed guilty of a misdemeanor.

of prop

successors

ployees.

§ 8. If any person having been an officer or employee of said Delivery city shall not within ten days after notification and request, erty to deliver to his or her successor in office all the property, papers by officers and effects of every description in his possession or under his or and emher control, belonging to said city, or appertaining to the office, he shall forfeit and pay for the use of the city fifty dollars, to be recovered in civil action in the name of the city, besides all damages caused by his or her neglect or refusal so to deliver.

ARTICLE III.
COMMON COUNCIL.

§ 1. In addition to all other powers conferred by law the com- Powers of mon council shall have power:

1. To provide for laying out, opening, constructing, extending, widening, altering, straightening, altering of grade, grading, regrading, paving, repaving, surfacing, resurfacing, narrowing, discontinuing, improving, repairing, maintaining, caring for, cleaning. sprinkling, watering and flushing the public streets, and acquiring all lands or easements necessary for any or all such purposes. 2. To provide for constructing, flagging, surfacing, altering, repairing, maintaining, caring for and cleaning sidewalks, crosswalks, drains, gutters and curbs in the public streets.

3. To provide for constructing, operating and maintaining by the city in, along and under the public streets, highways, parks, squares and public places and in, along and under any real estate owned by the city, or acquired for the purpose, of conduits or ducts for electrical wires and cables and to cause to be installed therein electrical wires and cables constituting part of any system owned or operated by the city, and to compel the installation therein upon uniform rates, terms, rentals and conditions, which shall be approved by the board of estimate and apportionment, of electrical wires and cables, owned, used or operated by any corporation authorized and empowered to construct, own, use, or maintain a line or lines of electric telegraph, telephone or signal system within the city, or to manufacture and supply electricity, for producing light, heat or power.

4. To provide for the planting and rearing and to protect and preserve shade and ornamental trees in the streets and public grounds, and to prohibit the injury, defacement or destruction of such trees.

5. To give names to streets, and to change such names in the manner and subject to the restrictions provided by law; to give numbers to lots and buildings and to change such numbers, and to compel the owners or occupants of any lot or building to place such numbers in a prominent place thereon.

6. Subject to the constitution and laws of the state, to regulate the use of streets and sidewalks by foot passengers, animals or vehicles; to regulate the speed at which horses may be driven or ridden and at which vehicles may be propelled in the streets; to

common council.