occurring by reason of death, resignation, removal from the city, or otherwise, shall be filled by the mayor by appointment for the unexpired term.

§ 4. Every manager, before entering upon the duties of his office, and within ten days after notice of his appointment, shall take and file with the city clerk the constitutional oath of office, and shall also enter into a bond to the city of Binghamton in such sum as shall be prescribed by the common council, and with one or more sufficient sureties to be approved by the mayor of said city, conditioned for the faithful performance of his duties as such manager, and file the same in the office of the city clerk.

5. The mayor of the city shall be ex officio president of said board of managers, but shall have no vote therein on the appointment of any oflicer, nor upon any other question except in case of a tie vote.

§ 6. The board of managers shall, from time to time, appoint one of their number to be the vice-president of said board; one to be the treasurer thereof, and may appoint one of their number to be the secretary thereof, or may require the duties of the secretary to be performed by the superintendent of the hospital. The treasurer before he enters upon the duties of his office, shall enter into a bond to said city, in such sum as shall be prescribed by said common council, with one or more sufficient sureties, to be approved by the mayor of said city, conditioned that he will faithfully perform his duties as such treasurer, and render an account to said common council of his receipts and disbursements as such treasurer, from time to time, when required by said common council; and at the first meeting of said common council in April of each year, render a full and detailed statement of the financial transactions of said board during the preceding year.

87. A meeting of a majority of said board of managers shall be necessary for the transaction of any business, except to adjourn, which may be done by any lesser number present.

8. Said board of managers shall have the custody and control of all the property, real and personal, now held and owned by said city, for hospital purposes, except the smallpox hospital, and also of any property which may hereafter be acquired for hospital purposes; and said board of managers shall formulate and submit to the common council for its approval, rules and

regulations for the reception or admission of patients and the general regulation and management of the Binghamton city hospital and its business, and any change or amendment of such rules and regulations shall, before the same shall become operative, be submitted to and approved by said common council.

9. No manager shall be interested, either directly or indirectly, in any contract relating to work to be done upon or for materials to be furnished for said hospital, nor shall he receive any compensation for any service rendered by him as such manager, except his actual disbursements.

Chapter 303, Laws of 1905.

§ 1. The common council shall have power to cause to be raised, annually,

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not exceeding fifteen thousand dollars, to aid in defraying the expenses of a nonsectarian city hospital.

BROOKS MEMORIAL HOSPITAL, DUNKIRK.

AN ACT to amend chapter three hundred and ninety-six of the laws of eighteen hundred and eighty-five, entitled "An act to revise the charter of the city of Dunkirk," in relation to the application and payment of certain moneys by said city.

Chapter 140, Laws of 1899.

§ 9. The common council of the city of Dunkirk is hereby authorized to appropriate and pay annually from the surplus moneys received by the said city of Dunkirk under this title and remaining in its hands after payment of the necessary expenses incurred in the maintenance of the police and poor departments of the said city, to the Brooks Memorial Hospital, for the care, support and maintenance of such of the inmates of said hospital as may be received therein pursuant to the rules established by the state board of charities, a sum which in any one year shall not exceed fifteen hundred dollars; and such appropriation shall be made only so long as the said hospital shall treat free of charge, such indigent persons, actual residents of the said city of Dunkirk, requiring treatment, as come within the classes treated by said hospital. Said common council is hereby authoriz d to pay same within thirty days after the end of each fiscal year. The

payment for the year eighteen hundred and ninety-nine may be made from the surplus of the fiscal year ending February first, eighteen ninety-nine. In the event of the said surplus remaining in the hands of the city of Dunkirk for any one year after the payment of the necessary expenses incurred in the maintenance of the police and poor departments of the said city, being insufficient to permit the payment of the moneys for the payment of which to the Brooks Memorial Hospital, provision is hereby made, then and in that case the common council of the city of Dunkirk is hereby authorized to make so much of such payment as shall remain after the application of the said surplus, out of the general fund of said city, and the common council of said city is hereby authorized to add the amount which it shall pay out of the general fund in any one year, to the next annual city tax, to be collected for the purpose of reimbursing said general fund for such expenditure.

CITY HOSPITAL, JAMESTOWN.

AN ACT to amend the charter of the city of Jamestown,

tal commissioners shall be composed of six members, together with the mayor, who shall be ex officio a member of such board and president thereof, with the right to vote upon all matters brought before it. The said commissioners shall be appointed and the said board constituted, within thirty days after the adoption of this provision; and their successors shall be named and their terms of office determined, as provided in another portion of this act. The board may by a majority vote of all its members make

and from time to time alter and amend rules for the conduct of its proceedings and regulations for the government of the persons and properties hereby placed under its jurisdiction.

§ 65-a. Powers.-The board of hospital commissioners shall have the power, subject to the consent of the common council and the taxpayers of said city as otherwise provided in this charter, to acquire, control, manage, conduct and supervise all grounds, sites, premises, buildings now owned or existing, or which may be acquired or erected hereafter, by the said city, for the aid, treatment and convenience of the sick and destitute of said city, and such other buildings or houses as may be situated or placed on such sites or premises under its jurisdiction, for the protection of the public health from infection and disease; it shall have the power, under the conditions prescribed by this chapter, to prepare plans and specifications and to enter into contracts for the placing, erection and construction of a hospital building or buildings within the city of Jamestown and to equip, furnish and maintain the said hospital building or buildings or system and to determine the conditions of its use by the people of the said city and others; to make any rules and to employ any or all such lay and professional help as may be needed in giving effect to the purposes of this chapter and to determine the salaries and compensation of such persons; to determine upon what conditions residents of the city of Jamestown may be admitted to the said hospital for treatment without charge and to fix the charges that shall be paid by those capable of meeting a portion or all of the expense when in the judgment of the exccutive officer of the said hospital such patient or patients are wholly or partially self-sustaining; to determine the conditions under which residents in other portions of Chautauqua county shall be admitted to the said hospital for similar purposes, but no person residing outside of the city of Jamestown within Chautauqua county shall be admitted to the said hospital unless the cost of his treatment and maintenance are guaranteed in advance; nor shall the taxpayers of the said city be liable for the treatment and maintenance of any other person or patients residing outside the said city and county and then only under the terms defined; provided, however, that this section shall not be interpreted to prevent the cxccutive officer from receiving and having treated persons residing outside the said city or county, or

aliens, who may be injured within the boundaries of the said city of Jamestown; the board shall have the power to supervise the use and expenditure of the principal or income of any moneys or properties given to the city of Jamestown in trust for hospital purposes; to enter into contracts with existing hospitals or similar corporations or concerns within the city of Jamestown for the sale, purchase and transfer of their properties, funds and sources of income to the said city, and to make and enter into agreements for the single or joint control and management by this board of private or quasi-private hospitals now existing or which may hereafter exist within the said city; and to enter into arrangements or agreements with all other individuals, societies or corporations for the care of their sick and dependents; the said board, the overseers of the poor of the several townships of Chautauqua county, the board of supervisors of Chautauqua county and other officials and persons of said county charged by law with the care of the sick and dependent, are authorized to enter into arrangements and contracts for the treatment of the same in the said hospital, and to determine the charges therefor at a sum not less than the actual cost of treatment and maintenance; and to do all other acts to give effect to the purposes of this chapter, unless otherwise directed by the common council.

§ 65-b. Plans and finances. The board of hospital commis. sioners is empowered upon its own initiative, or at the direction of the common council, to prepare plans and specifications for the erection of a hospital building or buildings from time to time, to make improvements thereon and additions to the same, and to recommend to the common council in writing the adoption of such plans and specifications for the said building, improvements and additions. If the common council approves of such plans and specifications, it shall submit a proposition to the taxpayers of the city authorizing the raising of such sum or sums by taxation or by the issuance of bonds, as may have been determined to be needful for such buildings and improvements by the board; if the taxpayers by a majority vote approve of such propositions, taxes may be levied or bonds issued as provided by the terms of the proposition submitted to the taxpayers and in accordance with the provisions relative to the taxpayers' elections and the issuance of obligations as determined in other portions of this charter.