Second class cities charter (L. 1898, ch. 182), §§ 247, 300, 377.

ner and upon the conditions prescribed in this act. (Added by L. 1902, ch. 560, in effect April 11, 1902.)

See L. 1902, ch. 560, § 3, ante.

§ 247. School moneys. All public moneys apportioned or appropriated to or for the city, or to or for any of the school districts therein, or for the school libraries, shall be paid by the proper officers to the treasurer, and in the accounts kept by him shall be credited to the department of public instruction and paid out by him upon bills properly allowed and audited in the same manner as obtains in the case of other bills against the city. (Added by L. 1902, ch. 560, in effect April 11, 1902.)

See L. 1902, ch. 560, § 3, ante.

$300. Duties of assessors. If any of the city assessors shall be interested in any improvement for which an assessment is to be made they shall certify that fact to the board of estimate and apportionment, and it shall be the duty of the board of apportionment to appoint a suitable person or persons to act in the place of the assessor or assessors so interested. In all cases of assessment, the assessors shall include in the apportionment all expenses which were incident to the making of the improvement and assessment. Whenever the amount apportioned shall exceed the actual cost of the improvement, the assessors shall declare a rebate and the excess shall be refunded to all persons who paid their assessment. In case any property within the district or area of assessment is omitted from the original assessment roll, the assessors may make an additional assessment to include the property so omitted. If the amount assessed for any improvement shall be insufficient to cover the cost of the improvement, the comptroller shall certify the amount of the deficiency to the officers or assessors who have authority in the premises and such deficiency shall be forthwith apportioned and assessed pro rata by the assessors upon the property which they shall deem benefited by the improvement and which is within the district or area of the original assessment. (Added by L. 1899, ch. 581, and amended by L. 1904, ch. 256, in effect April 8, 1904.)

§ 377. City judges or judges of the municipal court, when to perform duties. In the absence or inability of the police justice,

Second class cities charter (L. 1898, ch. 182), §§ 395, 398.

or in case of a vacancy in his office, either of the city judges, or either of the judges of the municipal court shall perform the duties of such police justice. (Amended by L. 1899, ch. 581, and L. 1903, ch. 19, in effect March 6, 1903.)

§ 395. Jurisdiction of police court. (C. & G. Gen. Laws, p. 726.)

Disorderly houses. A police court in a city of the second class has jurisdiction to try a person charged with the misdemeanor of maintaining a disorderly house, an offense indictable at common law, and the fact that a jury in such court consists of only six jurors is not material where the accused has demanded a jury trial. People ex rel. Warren v. Brady, 37 Misc. 126; 74 N. Y. Supp. 973.

§ 398. Clerk of police court. The police justice shall have a clerk of the court who shall be the confidential appointee of said justice, and who shall have the power to take informations upon which warrants for the arrest of persons charged with the commission of a crime may be issued by said justice. The clerk shall also have the power to issue and sign subpoenas, to administer oaths to witnesses, to make and sign executions, commitments and certificates of conviction and to certify to, and sign, copies thereof for the execution of any judgments rendered in police court, as police justice or as a court of special sessions. The clerk of the court shall receive all penalties and other moneys or fees, and shall pay the same into the city treasury once in each week, and shall cause monthly an itemized account of the same to be published in the official newspapers. The said justice shall have such other clerical assistance as the board of estimate and apportionment may prescribe; and, if said board designates the office of a deputy clerk, then said deputy clerk shall have the same powers as the clerk of the court. All clerks to be appointed by the said justice shall serve during the pleasure of the said justice. Said appointment or appointments to be in writing and filed with the clerk of the county in which the city is located, and with the board of estimate and apportionment. Each of said clerks shall give a bond to the city for the faithful performance of the duties of their respective offices, as said duties may be prescribed by the board of estimate and apportionment, with the approval of said justice, in such form and for such sums and with such sureties as shall be approved by the board of estimate and apportionment, and shall file the same with the comptroller of the city. The

Second class cities charter (L.. 1898, ch. 182), §§ 442, 461. police justice may appoint, and at pleasure remove, a police court attendant, who shall perform such services as may be required of him by the police justice, and shall be subject to the order and control of said justice and of no other person. He shall be in the exempt class of the civil service, and shall receive not less than the salary of a detective or detective sergeant, to be fixed by the board of estimate and apportionment. The police justice may appoint a member of the police department to said position, and in such case said appointee shall be paid upon the certificate of the police justice, from the same fund as other police officers, and when he shall retire from office he shall be reassigned to duty by the chief of police to the rank from which he came. (Amended by L. 1899, ch. 581; L. 1901, ch. 604, and L. 1904, ch. 507, in effect April 29, 1904.)

§ 442. Sealer of weights and measures. There shall be a sealer of weights and measures appointed by the mayor within ten days after the beginning of every mayoralty term. He shall hold office for two years, unless sooner removed by the mayor, and he shall, within the city, have the powers and perform the duties of town scalers of weights and measures under the general laws of the state, and shall supervise the weighing of coal and perform such other duties as may be prescribed by the ordinances of the common council. His salary shall be fixed by the board of estimate and apportionment, and no fees shall be charged or collected by him or by the city for his services. If the board of estimate and apportionment in any city shall so determine, instead of a sealer of weights and measures being appointed by the mayor, there shall be appointed by the commissioner of public works as a subcrdinate in the department of public works, a clerk of weights and measures, who shall possess the powers and perform the duties. of sealer of weights and measures as hercinbefore prescribed, and in addition thereto, shall perform such other duties in the department of public works as the commissioner thereof shall direct. (Amended by L. 1901, ch. 479, and L. 1902, ch. 328, in effect April 2, 1902.)

$ 461. Actions for damages or injuries to person.— No civil action shall be maintained against the city for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out

Second class cities charter (L. 1898, ch. 182), § 461.

of repair, unsafe, dangerous or obstructed unless it appear that written notice of the defective, unsafe, dangerous or obstructed condition of such street, highway, bridge, culvert, sidewalk or crosswalk was actually given to the commissioner of public works, and that there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of, or, in the absence of such notice, unless it appears that such defective, unsafe, dangerous or obstructed condition existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence. But no such action shall be maintained for damages or injuries to the person sustained in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street, unless written notice thereof relating to the particular place, was actually given to the commissioner of public works and there was a failure or neglect to cause such snow or ice to be removed, or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice. All claims against the city for damages or injuries to person or property, or invasion of personal or property rights, of every name and nature whatsoever, whether casual or continuing, arising at law or in equity, alleged to have been caused or sustained in whole or in part by or because of any omission of duty, wrongful act, fault, neglect, misfeasance or negligence on the part of the city, or any of its agents, officers or employes, shall be presented to the common council, in writing, within three months after the happening of the accident or injury or the occurrence of the act, omission, fault or neglect out of which or on account of which the claims arose. Such writing shall describe the time when, the particular place where and the circumstances under which the damages or injuries were sustained and the cause thereof; it shall also state, so far as it is then practicable, the nature and extent of the damage or injuries; it shall also state the place of residence of the claimant by street and number, and, if there be no street or number, it shall contain such statement as will disclose the place of residence; and all such claims shall be verified by the oath of the claimants. The omission to present such claim within three months, or to commence an action thereon within one year, shall be a bar to any claim or action therefor against the city; but no action shall be brought upon any such claim until three months have elapsed after the presentation of the claim to the

Second class cities charter (L. 1898, ch. 182), § 483.

common council. Nothing contained in this section shall be held to repeal or modify any existing requirement or statute of limitations which is applicable to this class of actions by special provision of law relating to any city or otherwise, but on the contrary shall be held to be an additional requirement to the right to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the city any greater duty or obligation than that it shall keep its streets and public places in a reasonably safe condition for public use and travel. The place of trial of all actions or proceedings against the city, or any of its officers, boards or departments, shall be the county in which the city is situated. (Amended by L. 1899, ch. 581, and L. 1904, ch. 504, in effect April 29, 1904.)

Filing claim for injury; section not retroactive. An omission to file a claim for personal injuries within the time specified by the above section does not lose the right of a claimant to maintain an action where the cause of action arose prior to the taking effect of the second class cities charter. As to such claims the statutory provisions in force at the time of the accident are to be complied with. Sehl v. City of Syracuse, 81 App. Div. 543; 81 N. Y. Supp. 482.

§ 483. Saving clause. Nothing contained in this act shall be construed to repeal any statute of the state or ordinance of the city or rule or regulation of the board of health not inconsistent with the provisions of this act and the same shall remain in full force and effect, when not inconsistent with the provisions of this act, to be construed and operated in harmony with the provisions of this act. The powers which are conferred and the duties which are imposed upon any officer or department of the city under any statute of the state, or any city ordinance which is in force at the time of the taking effect of this act, shall, if such office or department be abolished by this act, be thereafter exercised and discharged by the officer, board or department upon whom is imposed corresponding or like functions, powers and duties under the provisions of this act. Where any contract has been entered into by the city prior to the time of the taking effect of this act, or any bond or undertaking has been given to or in favor of the city, which contains provisions that the same may be enforced by some officer, board or department therein named, but by the provisions of this act such office, board or department is abolished, such contracts, bonds and undertakings shall not in any manner be impaired, but