said article. The assessors and clerk of said city, and the supervisor elected from the second and third wards, of said city shall perform the like duties in said last mentioned wards; and the assessors and clerk of said city and the supervisor elected from the fourth and sixth wards in said city shall perform in said wards last mentioned, the like duties. The assessors and clerk of said city and the supervisor elected from the seventh and eighth wards in said city shall perform in said last mentioned wards the like duties. A duplicate of each list of jurors selected by them, shall be filed in the office of the clerk of said city.

§ 4. Section seventy-three-b of such chapter, as added by chapter three hundred and twenty-seven of the laws of nineteen hundred and four, is hereby amended to read as follows:

$73-b. Such commissioners shall have full and exclusive power to make rules and by-laws for the orderly transaction of their business and amend and repeal the same from time to time as may be deemed necessary; to govern, manage and direct, and to lay out, ornament, regulate, grade and improve and to care for and maintain the parks, squares and public gardens and places in said city and the approaches thereto; to appoint and employ and fix the compensation of such employees as shall be required and employ such surveyors, engineers and landscape architects as they shall deem necessary and proper for the improvement, maintenance and adornment of such parks, squares and public gardens and places; and generally shall have the supervision, care and control of the parks, squares and public gardens and places in said city. But the said commissioners shall not have the power to create any indebtedness or incur any expense in the improvement, adornment or maintenance of said parks, squares and public gardens and places in excess of the amount annually raised and appropriated for that purpose, as provided in this act, and such revenue as may be derived for that purpose from gifts or legacies or the income therefrom. For the purposes of this section and of section seventy-three-d of this act the lands lying within the bounds of any of the streets of said city which adjoin any of such parks, squares or public gardens or places shall, to the curb line of such streets, be deemed a part of such parks, squares and public gardens and places, except that the common council shall have the power to establish the lines and grades of sidewalks and cause sidewalks to be constructed thereon. 5. Sections seventy-four, seventy-seven, seventy-eight, sub

division nineteen of section eighty-two, and section ninety-two of such chapter, are hereby amended to read, respectively, as follows: 74. The aldermen shall constitute the common council of the city. At its annual meeting, or as soon thereafter as practicable, the mayor and common council shall elect one of the aldermen as president of the common council, who shall preside at its meetings in the absence of the mayor therefrom, and shall appoint all standing committees. In case the mayor shall be unable to perform the duties of his office in consequence of continued sickness or absence from the city, the president of the common council shall be vested with all the powers and perform all the duties of the mayor of the city until the mayor shall resume his office or the vacancy shall be supplied according to law; but such inability on the part of the mayor shall have continued at least twenty-four hours before the president of the common council shall act as mayor or per form any of his duties; but the mayor may file with the clerk a certificate that he will be unable to perform the duties of his office by reason of such inability and thereupon the president of the common council may act at once as mayor, and perform the duties of such office until the mayor shall resume his office, and such certificate shall be conclusive evidence of such inability upon the part of the mayor.

§ 77. No tax or assessment shall be made or outlet sewer bond issued except by the concurring vote of the majority of all the members of the common council in office. No tax, levy, assessment, order, resolution or ordinance shall take effect until after the same shall have been approved in writing by the mayor, except as herein otherwise provided. No appointment to office shall be deemed to be made with the consent of the common council except by a concurring vote of a majority of all the aldermen in office, providing, however, in case of a tie, the appointment shall be deemed confirmed by the concurring vote of one-half of the members of the common council in office and the casting vote of the mayor.

§ 78. The common council shall hold its annual meeting the second day of January, or in case the same shall be Sunday or a legal holiday, the next succeeding day, and its regular meetings at least once in every period of two weeks. The mayor or the president of the common council or any three aldermen may call a meeting by appointment thereof in writing, notice thereof to be given by the clerk as the common council may prescribe. The

common council shall determine the rules of its proceedings and such rules shall not be subject to the approval of the mayor, but shall be valid without his approval; have power to compel the attendance of absent members; and prescribe the powers and duties of all officers appointed subject to the provisions of this act.

§ 82. Subd. 19. To provide for the inspection of steam engines and boilers used in the city, to prohibit the use of such thereof as are unsafe and to regulate the use of gas engines.

92. The common council shall not construct any drain or sewer except upon petition of a majority of the owners of property, to be assessed therefor, unless for an outlet to a drain or sewer constructed upon the aforesaid petition, and then the shortest practicable route shall be adopted, except as in this act otherwise provided. All drains and sewers constructed for an outlet to a sewer constructed upon petition shall be paid for by the city by general tax, and shall not be chargeable to abutting property owners, but no connection shall be made to such sewer without the consent of the common council, and no persons shall be permitted to connect thereto without the payment of a reasonable charge therefor, to be determined by the common council, and only upon complying with such rules and regulations as the common council may prescribe. Provided, however, that the common council may adopt a general plan of outlet sewers for any part of said city which was not a part of the city of Olean prior to the passage of this act, and which is not already provided with outlet sewers, and may cause the same and any additional sewer required on account of the deficiency of any outlet sewer already constructed in said city to be constructed, and the cost and expense of the construction of the same shall be paid by general tax. To provide for the payment of the cost and expense, of constructing any such sewer required for that part of said city which was not a part of the city of Olean before the passage of this act, or required on account of any deficiency in any sewer in said city, the common council shall have power to issue the bonds of said city, which shall be signed by the mayor and countersigned by the clerk of said city, which shall be payable not more than twenty years from the date of issue, and shall bear interest at not to exceed six per centum per annum. Said bonds shall not be issued or sold until after a contract or contracts for the construction of such sewer or sewers shall have been made and entered into by the common council, and shall not be issued to an amount in excess of the aggregate amount of the cost of con

Said bonds

structing such sewers, as set forth in such contracts. shall be sold for not less than par, to the highest bidder upon sealed proposals, after publishing a notice of the time and place of sale and the amount and description of the bonds to be sold in the official paper once a week for at least two successive weeks before the sale, and in such other newspapers as the common council may prescribe. Provided, however, that no contract shall be made or entered into and no such bonds shall be made or issued as provided in this section, until the consent of a majority of the taxable inhabitants of said city authorized to vote and voting at an annual or special election called for that purpose be first obtained for the construction of such sewer or sewers and the issue of such bonds. Such election shall be conducted, notice shall be given, and the qualifications of the voters thereat shall be the same as provided by sections one hundred and five and one hundred and six of this act.

§ 6. Such chapter is hereby amended by adding after section one hundred and eleven a new section to be section one hundred and eleven-a thereof, to read as follows:

§ 111-a. Within twenty days after this act takes effect the common council of the city of Olean as constituted by this act shall make an estimate of the additional expenditures of said city for the remainder of the then current fiscal year rendered necessary by the enlargement of said city as provided by this act and required over and above the amount of the annual estimate made by the common council in the month of March, nineteen hundred and eight. Such estimate shall be made in the manner provided by section one hundred and two of this act, and the total amount thereof shall not exceed two mills upon the dollar of the assessed valuation of the taxable property of said city as then constituted, according to the assessment rolls of the city and town of Olean made next preceding the time of such estimate. The amount of such estimate made as provided in this section shall be added to and levied as a part of the taxes to be collected in said city for the next ensuing fiscal year and shall not be deemed to be a part thereof for the purpose of determining the amount limited therefor. The common council may borrow money in anticipation of the collection of such sum so estimated as provided in this section, and issue certificates of indebtedness of said city therefor, which shall bear interest at not to exceed six per centum per annum, and shall be due and payable not more than one year from the date

of issue. Such certificates of indebtedness shall be paid out of the moneys raised by taxation in said city in the next ensuing fiscal year after the same shall be issued.

§ 7. Section one hundred and twenty-two of such chapter is hereby amended to read as follows:

§ 122. The salary or compensation of any officer of said city of Olean shall not be increased or diminished during the continuance of the term of office to which such officer shall have been elected or appointed, except that where, after the election or appointment of the officer, his duties shall have been increased, then in such case, the common council may increase his salary.

§ 8. Such chapter is hereby amended by adding after section one hundred and twenty-four a new section to be section one hundred and twenty-four-a thereof, to read as follows:

§ 124-a. All the officers of the city of Olean now in office, elected or appointed, shall continue to be the officers of the city of Olean as constituted by this act, for the remainder of the term for which they were respectively elected or appointed. The offices of all officers of the village of North Olean are hereby abolished. All officers of the town of Olean, except inspectors of election, in office at the time this act takes effect, or thereafter appointed to fill any vacancy, shall continue to perform the duties of their respective offices until the thirty-first day of December, nineteen hundred and nine, when all such offices shall become vacant, whether such officer shall reside within the city or the town of Olean as constituted after this act takes effect. At the general election bold next after this act takes effect, officers shall be elected by the qualified electors of the town of Olean, as constituted after this act takes effect, to fill all vacancies in town offices which will occur on the thirty-first day of December next ensuing by reason of the provisions of this section, who shall respectively hold office for the respective terms for which the officers, whose offices are vacated by the provision of this section, would have held such offices had this act not become a law. In case the supervisor of the town of Olean in office at the time this act takes effect shall then be a resident of the seventh and eighth wards of the city of Olean, as constituted by this act, such supervisor shall be the supervisor for said seventh and eighth wards of said city for the term for which he was originally elected, and shall also continue to perform all the duties of supervisor for the town of Olean until the thirty-first day of December, nineteen hundred and nine. In case