or inhuman treatment, or by reason of his neglect or refusal to provide for his wife and children, or either, with the necessaries of life, renders it unsafe, improper or impossible for them to live with him, by reason of which they are without adequate support, or in danger of becoming a burden upon the public, is hereby declared a disorderly person. Upon a complaint made under oath to him against a person as being disorderly, a city magistrate presiding in the domestic relations court for the boroughs of Manhattan and the Bronx and the borough of Brooklyn, and in the other boroughs of the city of New York to a city magistrate thereof presiding in any city magistrate's court therein, may issue a warrant for the arrest of the defendant, or, in his discretion, a summons in the form prescribed by section eighty-two of chapter six hundred and fifty-nine of the laws of nineteen hundred and ten, said summons to be served as by said magistrate directed, including mail service, and who, upon his arrest or appearance, shall be arraigned in the manner provided by law. No warrant or summons shall be issued except upon the application of the commissioner of public charities, unless for good cause shown the magistrate may issue same if in his discretion he deems it proper so to do. And if thereupon it shall appear by the confession of the defendant or by competent testimony that he is a disorderly person, the said magistrate shall make an order specifying a fair and reasonable sum of money, according to his financial ability, to be paid weekly for the space of one year thereafter by such defendant to the commissioner of public charities for the support of his wife or children, or either of them, and may require him to give security by a written undertaking with one or more sureties, approved by the magistrate, to that effect. Said magistrate shall have full power and authority to administer the oath to said principal and surety in said undertaking as to the truth of the statements therein and any justification or statement attached thereto or accompanying the same, and full power and authority to take acknowledgments thereto of any of the parties to the same, with like power and effect as if sworn to and acknowledged before a notary public in the county wherein the same may be taken or acknowledged. The wife and children, or either of them, are hereby declared to be primary beneficiaries of the order, and evidence that they L. 1897, ch. 378, § 690, as re-en acted by L. 1901, ch. 466, and amended by are without means shall be presumptive proof of their liability to become a charge upon the public. Upon the trial of the hearing of all complaints under this section, the wife shall be a competent witness therein against her husband as to all matters embraced in said complaint. If a summons be directed to be served by mail by said magistrate, and the party summoned fails to appear, no further proceedings shall be had against said party summoned by mail, until said party is brought into court by warrant or otherwise, or unless he appears in person or by an attorney or counsellorat-law in said proceeding. But nothing in this chapter shall apply to or affect an order for the payment of money for the support of a child in an institution, pursuant to the provisions of section four hundred and eighty-two of the penal law or of section nine hundred and twenty-one of the code of criminal procedure. 2. This act shall take effect immediately. Chap. 421. AN ACT to amend the Greater New York charter, in relation to the giving of new security after an order in abandonment proceedings. Became a law April 16, 1912, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section six hundred and ninety of the Greater New York charter, as re-enacted by chapter four hundred and sixty-six of the laws of nineteen hundred and one, as amended by chapter five hundred and thirty-two of the laws of nineteen hundred and L. 1904, four, is hereby amended to read as follows:1 ch. 532, amended. WHEN NEW SECURITY MAY BE REQUIRED AFTER AN ORDER IN § 690. After an undertaking has been given by the defendant in abandonment proceedings as prescribed in section six hundred 1 Section materially amended. and eighty-five and section six hundred and eighty-six, upon proof by affidavit by the commissioner of public charities that he has caused diligent efforts to be made to serve personally upon a surety upon such undertaking a summons in an action brought thereon for a default in the terms thereof, but has been unable to effect service upon such surety; or that a recovery cannot be had thereon; or that the judgment obtained upon such undertaking remains wholly unsatisfied and unpaid; or that a surety has been adjudged a bankrupt, the city magistrate then sitting in the court in which such undertaking was given, or in the boroughs of Manhattan and the Bronx, and the borough of Brooklyn, the magistrate sitting in the domestic relation courts in said boroughs respectively where the final order was made by a magistrate sitting in said boroughs respectively, may issue a warrant for the arrest of the defendant in whose behalf the undertaking was given, and require him to give new security, or in default thereof may commit him, under the original order, in the manner prescribed in section six hundred and eighty-six; provided, however, that the total imprisonment upon such order shall not exceed six months in any year. 2. This act shall take effect immediately. Chap. 422. AN ACT to allow the common council of the city of Middletown to determine whether it shall pay from the city treasury a portion of the expense of a paved street in said city. Became a law April 16, 1912, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: council to vote Section 1. The common council of the city of Middletown is common hereby authorized to vote upon the question whether or not one- authorized half of the cost of paving Cottage street in said city from a point that city at the junction of said Cottage street with the northerly side of one-half. Railroad avenue to a point about seventeen hundred feet northeasterly therefrom, being the junction of said Cottage street with pay Effect of action to Wickham avenue in said city, shall be borne by the said city and shall be paid from the city treasury. § 2. In case the said common council shall, at a regular meetthat effect. ing duly determine that one-half of the cost of said construction shall be borne by the said city, such action shall have the same force and effect as if the said action had been taken at the time that the resolution for the paving of said street was adopted by the said common council, and that the said council in that event city's half. be authorized to pay one-half of said expense from the city Assesment treasury and assess the remaining one-half upon the property owners in such proportions as they may be found benefited thereby pursuant to the provisions of law and of the charter of the said city. Authority to pay of remain ing half. 3. This act shall take effect immediately. L. 1911, ch. 184, § 17 amended. Chap. 423. AN ACT to amend chapter one hundred and eighty-four of the laws of nineteen hundred and eleven, entitled "An act to revise. the charter of the city of Watervliet," relative to salaries of president of common council and aldermen. Became a law April 16, 1912, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section seventeen of chapter one hundred and eightyfour of the laws of nineteen hundred and eleven, entitled "An act to revise the charter of the city of Watervliet," is hereby amended to read as follows: § 17. Fixed salaries. The annual salary of the mayor shall be one thousand two hundred dollars; of the judge of the city court fifteen hundred dollars; of the chamberlain sixteen hundred dollars; of the corporation counsel twelve hundred dollars; of the city clerk twelve hundred dollars; of the city engineer seven hun dred and fifty dollars; of the commissioner of public safety nine hundred dollars; of the commissioner of public works nine hun1 L. 1902, ch. 572. dred dollars; of the commissioner of charities six hundred dollars; of each of the assessors five hundred dollars; of the president of common council five hundred dollars; of the superintendent of public schools such amount as shall be fixed by the board of education, not exceeding two thousand dollars; of each of the aldermen three hundred and fifty dollars.2 All of said salaries shall be payable in monthly installments. The supervisors shall be entitled to the same compensation for services as supervisors of towns are entitled to for like services. The salary of every city officer and the salary or compensation of every person paid out of funds appropriated by the city, when not specifically fixed by statute, shall be fixed and determined by the board of estimate and apportionment. All such salaries and compensation shall be payable in such installments and at such times as such board shall determine. § 2. This act shall take effect immediately. Chap. 424. AN ACT to amend chapter four hundred and fifty-two of the laws of nineteen hundred and eight, entitled "An act to supplement the general laws relating to the government of the city of Yonkers, and to revise and consolidate the local laws relating thereto," generally. Became a law April 16, 1912, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 452, art. 4, amended. Section 1. Section one of article four of chapter four hundred L. 1908, ch. and fifty-two of the laws of nineteen hundred and eight, entitled § 1 "An act to supplement the general laws relating to the government of the city of Yonkers, and to revise and consolidate the local laws relating thereto," is hereby amended to read as follows: 1 Words of the president of common council five hundred dollars," new. 2 Words "of each of the aldermen three hundred and fifty dollars," new. |