person to imprisonment, he shall, by a warrant, commit such person accordingly.

§ 390. When the Justice shall commit any person he shall, on the same day, make and file with the Clerk of Erie County a record of the conviction in which it shall be sufficient to state the charge so specifically as to show a violation of the ordinance, the plea of the person charged, the fact of conviction, and the judgment.

TITLE XVIII.

PUBLIC GROUNDS, STREETS, AND WATERS.

§ 391. The city may lay out, enlarge and alter parks, public grounds, squares, streets, alleys, canals, basins, slips, or other public waters, and cause them to be surveyed, described and recorded in a book to be kept by the City Clerk.

§ 392. The grade of each street shall be established and described, and the description of such grade, and of all alterations thereof, shall be recorded by the City Clerk. No street shall be worked until the grade thereof is established and recorded.

§ 393. The streets shall be suitably divided into carriageways and sidewalks.

§ 394. The city may discontinue or contract a street or alley, or any part of it, upon the written application of two thirds in number of the owners of the lands fronting on the street or alley, the lineal front of whose lands shall constitute two thirds of the lineal front of all the lands on the street or alley. A continuous street or alley, portions of which bear different names is to be considered as a single street or alley.

§ 395. The city shall remove all encroachments upon projections over, and obstructions on the public grounds,

streets, alleys and wharves, and abate all nuisances; and cause the expense to be assessed upon the lands upon, or in front of which such encroachments, projection, obstruction or nuisance was, or upon the parcels of land benefited by such removal.

§ 396. It may cause streets and alleys to be opened, leveled, repaired, cleaned, and watered; crosswalks, culverts, sewers, drains, receivers, aqueducts, wharves, piers, canals, slips, and basins to be constructed, enlarged, repaired and cleaned.

§ 397. It may cause any street or alley to be graded or regraded, graveled or regraveled, macadamized or remacadamized, or paved or repaved. When it is proposed to pave or repave any street or alley, plans and quantities shall be prepared for doing the same with each kind of pavement, for the laying of which specifications have been filed by the Commissioner of Public Works. The Commissioner of Public Works shall advertise for bids for doing the same in accordance with such plans, specifications, and quantities, and report the same to the Common Council. After receiving such report, the Common Council shall determine which kind of pavement shall be used, and in case a majority petition shall not have been presented, for the kind so determined upon, shall pass a resolution of intention to order the street paved with any kind of pavement it may select. The petition for the paving or repaving of any street or alley may specify generally the material to be used in such work, and such petition shall be regarded as an application for the use of any material of the kind designated in the petition for which specifications have been filed with the Commissioner of Public Works or the petition may designate particularly any kind of pavement for which specifications have been filed as aforesaid, which the petitioner desires shall be used. The specifications may provide that the persons submitting bids or proposals shall agree to enter into contract to do the

work, and to keep and maintain the same in good repair for a certain definite period, and a contract may be entered into in accordance therewith, and a local assessment made to defray the expense thereof, anything in this act to the contrary notwithstanding.

Thus amended by L. 1895, c. 805, Sec. 26; L. 1900, c. 707, Sec. 3, and L. 1901, c. 228, Sec. 12.

This section originally contained a limit of time within which the Common Council should determine the kind of pavement to be used. The act of 1895 changed this limit, and the act of 1900 struck it out altogether. The latter act also added the sentence next to the last, authorizing a petition for a particular kind of pavement. The act of 1901 specified "Commissioner" instead of "Board" of Public Works.

§ 398. When the expense of the work or improvement mentioned in the last section will exceed the sum of five hundred dollars, it shall not be ordered except:

1. Upon the vote of three fourths of all the members elected to the Common Council, and after notice of the intention to order it shall have been published three times a week for two weeks, in the official paper of the city; or,

2. Unless it shall be applied for by a majority of the resident owners of the lands fronting on the street or alley, representing at least two fifths of all the feet front of the lands on the street or alley, in and along which such improvement is to be made, or if such improvement is intended to be made in and along only part of such street or alley, then by a majority of such resident owners of the lands, representing at least two fifths of all the lands fronting on the part of such street or alley as to which such improvement is to be made. The application shall be referred to the Board of Assessors, to ascertain whether such majority, and the owners of two fifths of the lands, applied for the improvement. Unless the Board of Assessors shall certify that such application is made by a majority of such owners, and that they own at least two fifths of the land as herein provided, the improvement shall not be ordered.

§ 399. The Board of Assessors shall return the application to the Common Council, with its certificate thereon as to the facts required, which certificate shall be conclusive as to the facts. The Board of Assessors shall also certify whether, in its judgment, any of the lands have been divided for the purpose of affecting such majority. Whenever the Common Council is authorized or required by law or ordinance to order any work or take any action on any majority or other petition, such petition shall be referred to the Board of Assessors to ascertain whether it is the necessary majority petition or is signed by the necessary persons or sufficient thereof, or represents a sufficient proportion of the property as the case may be, and the Board shall return the application to the Common Council with its certificate thereon as to the facts required,which certificate shall be conclusive as to the facts. No person signing a petition shall within three months after such petition is presented to the Common Council be considered or counted on any other petition for the same work or improvement, or any part thereof, or on a remonstrance against the same, without the consent of the Common Council, nor shall any person be allowed to withdraw his name from any petition, or add his name thereto, during the same period, without the like consent. If such consent is given in either or any of the cases aforesaid, the petition, if theretofore returned by the Board of Assessors, shall be again referred to the Board, and the Assessors shall again examine the petition, and return the same to the Common Council with its certificate as to the facts required, which certificate shall be conclusive as to the facts.

Thus amended by L. 1895, c. 805, Sec. 27, and L. 1900, c. 707, Sec. 4.

The act of 1895 added the third sentence, requiring reference of all petitions to the Assessors. The act of 1900 struck out a provision that no certificate should be made by the Assessors until five days after reference of the petition to them. This act also substituted the last two sentences in place of the former provision that "No person signing a petition shall be considered or counted

on a petition for a different kind of pavement for the same improvement, or on a remonstrance against a petition signed by him within three months thereafter.

§ 400. The expense of all the work or improvements mentioned in sections three hundred and ninety-six and three hundred and ninety-seven of this act, except the cleaning of streets and alleys, the cleaning and repairing of sewers and receivers, the repairing of the accepted streets, and the construction and repair of crosswalks, shall be defrayed by local assessment, except that in repaving or resurfacing an accepted street, two thirds of the expense thereof shall be raised by local assessment, and the remaining one third thereof shall be paid out of the general fund, and where a street, or any part thereof shall be ordered cleaned, under section four hundred and eight of this act, the expense thereof shall also be defrayed by local assessments.

Thus amended by L. 1894, c. 289, Sec. 4, and L. 1903, c. 392.

The act of 1894 added the construction and repair of crosswalks and special cleaning under Section 408 to the list of work to be paid for by local assessment. The amendment of 1903 placed one-third of the cost of repaving on the general fund; the whole cost was previously paid by local assessment.

§ 401. The city may construct, maintain,and repair a city hall, markets, and other public buildings, bridges, and reservoirs, wells and fountains, and places for supplying the public with water, and docks; maintain, improve and embellish parks, squares, open spaces, and other public grounds, and defray the expense, or any part thereof, out of the general fund or by local assessment; but all bridges shall be constructed, maintained and repaired out of the general fund. Hereafter no public well shall be ordered in a water district. The city may rent or lease docks, or rent or lease the site thereof for such term of years as may be agreed upon.

Thus amended by L. 1895, c. 805, Sec. 28.

The amendment added the last sentence.