the same proceeding shall be had, and the same penalties may be imposed, and the same punishment inflicted as in cases of a witness subpoenaed to appear and give evidence on the trial of a civil action before a trial or special term of the supreme court.

88. Licences for retailing goods on boats.-The common council of any city may charge and collect a license fee from any person doing a retail business in the sale of goods of any description, except products of the farm and unmanufactured products. of the forest, from canal boats on the canals of this state or from the lands by the side of such canals and within the boundary lines of such city, within the limits of said city. The common council shall have power to fix the amount to be charged for such license at such sum as in their discretion they may deem just. They shall also have power to enforce the collection of such license fees in the same manner as they are now or may be severally authorized by law to enforce the collection of other license fees which they are authorized to impose. The common council shall have power to adopt laws or ordinances to prevent any person making such sale without first obtaining a license and to punish a violation thereof by a fine not exceeding one hundred dollars the offender to be imprisoned in the county jail until such fine be paid, not exceeding, however, six months.

No public

89. Use of soft coal in public institutions. institution maintained by the state within the corporate limits of any city of the second class, shall use or burn bituminous coal in the operation of any of its departments, provided that the local ordinances of any such city forbid the use thereof.

10. Money for Memorial day in cities of the third class.The common council of any city of the third class is hereby authorized to appropriate and set aside each year a sum not exceeding two hundred dollars for the purpose of providing for the due and proper observance of Memorial day in such city.

§ 11. Moneys; how expended. The moneys thus appropriated shall be expended under the direction of a board composed of the mayor and the commanders and quarter-masters of the Grand Army posts of such city. The whole amount of such money appropriated or any part thereof may be spent by such board in observance of Memorial day. Bills properly verified for all claims and expenditures arising under this or the preceding section, shall be presented to and audited by such board and shall be paid by the common coun

cil of any such city. The moneys appropriated shall be raised by tax on the real and personal property liable to taxation in any such city in the same manner as the ordinary expenses of maintaining the city government.

§ 12. Permits for erection of booths and arches. -The mayor of any city of the first class may, in his discretion, grant temporary permits for the erection of booths, stands, arches, overhead passage ways, or flag staffs for the stringing of flags or banners for other than advertising purposes, upon or over the sidewalks or streets of such city for the purpose of a public celebration, exposition, fair, or political demonstration; provided, however, that no such permit shall be granted by virtue of this section without the consent of the owners of the abutting property constituting more than one-half of the foot frontage upon both sides of such street in the block formed by the nearest cross-streets on each side of such structure or erection.

§ 13. Firemen moving from one city to another. The firemen of the different cities of this state, in case or removal from one city to another, shall be allowed the time which they have served as such firemen in the city they left, in the city to which they have removed, upon producing a certificate of such service, signed by the chief engineer of the city so left, and being appointed a firemen in the city to which they have removed.

§ 14. Term of service; how reckoned.-When any such fireman shall have served as such for so long a time thereafter as shall make the whole term of service the same as required by law of firemen residing in the cities removed to, he shall be entitled to all the privileges and exemptions secured by law to the firemen of the cities of Albany and New York.

ARTICLE II.

HEARING ON CITY BILLS.

SECTION 30. Public hearing

31. Notice, how given

32. Hearing.

33. Return by mayor; contents of certificate.

34. Duties of clerk on return of mayor's certificate; endorsement on bill.

35. Expenses of hearing to be a city charge.

bill

§ 30. Public hearing.—Whenever a certified copy of any bil for a special city law shall be transmitted to the mayor of a city, pursuant to the provisions of the second section of the twelfth article of the constitution of this state, the mayor of such city shall forthwith upon the receipt of such bill fix a day for a public hearing in such city concerning such bill, and cause public notice of the time and place of such hearing to be given. In a city of the first class such hearing shall be before the mayor. In a city of the second or third class, such hearing shall be before the mayor and the legislative body of such city.

§ 31. Notice; how given. In a city of the first class such notice shall be given by the mayor by causing such notice to be published for two successive days in two daily newspapers published in such city, to be designated by him. In a city of the second or third class such notice shall be given by the mayor by causing such notice to be published for three successive days in a daily newspaper published in such city to be designated by him, and he shall also cause a copy of such notice to be served upon each member of the legislative body of such city, either personally or by mail at least two days before the day fixed for such public hearing. Such notice shall also contain the title of the bill and any explanatory statement concerning the same which the mayor shall deem advisable.

$32. Hearing. In a city of the first class the mayor, and in a city of the second or third class the mayor and the legislative body of such city, shall attend at the time and place appointed for such hearing, and shall afford an opportunity for a public hearing concerning such bill.

833. Return by mayor; contents of certificate.-After such hearing and within fifteen days after the transmission to him of a certified copy of such bill, the mayor shall return the same to the house from which it was sent, or, if the session of the legislature at which such bill was passed has terminated, to the governor with the proper certificates attached, stating whether such city has or has not accepted the same. In a city of the first class such certificate shall be signed by the mayor. In a city of the second or third class such certificate shall be signed by the mayor and by the presiding officer of the legislative body of such city, and such bill shall not be deemed to have been accepted by such city, unless the mayor and a majority of the legislative body shall concur in such accept

ance. The mayor shall also append to the certified copy of such bill a further certificate stating that the public notice provided for has been given, and if in a city of the second or third class, that a meeting of the legislative body has been held pursuant thereto, and that an opportunity for a public hearing concerning such bill has been offered pursuant to the provisions of the preceding sections, and such certificate shall be conclusive evidence thereof. Each certificate required under this section shall be under the seal of the city.

834. Duties of clerk on return of mayor's certificate; endorsement on bill. The clerk of the house in which such bill originated shall indorse upon the original bill to be presented to the governor, and upon the certified copy thereof to be transmitted to the mayor, the date of such transaction. Such clerk, if the certified copy of such bill is returned to the house in which the bill originated, or the governor, if such certified copy is returned to him, shall indorse the date of such return upon such original bill and also upon such certified copy thereof. In every case in which a bill for a special city law has been accepted by the city or cities to which it relates, the certified copy or copies thereof transmitted to the mayor or mayors of such city or cities and returned by him or them, with the certificates indorsed thereon or appended thereto, shall be attached to the original bill and presented therewith to the governor.

$35. Expenses of hearing to be a city charge. The necessary expenses incurred by a city in complying with the requirements of this article shall be a city charge and shall be paid out of any fund or appropriation applicable thereto.

ARTICLE III.

PLUMBING And Drainage.

SECTION 40. Examining boards of plumbers in cities.

41. Term of office; vacancies.

42. Compensation of members of board.

43. Qualifications.

44. Powers and duties.

45. Examinations;

prohibited.

conducting business without certificate

46. Registration when required.

47. Cancellation of registration; notice.

Plumbing and Drainage.

SECTION 48. Inspectors' qualifications; notice.

49. Duties of inspectors; reports.

50. Expiration and renewals of certificates and licenses.

51. Notice of violation of rules.

§§ 40-41

52. Notice, how served; proceedings when violations not removed. 53. Plumbing and drainage to be executed according to rules. 54. Office room; expenses a city charge.

55. Violations how punished.

56. Issue of licenses to connect with sewers and water mains, restricted.

57. Article limited.

40. Examining boards of plumbers in cities.-The existing boards for the examination of plumbers in cities of this state are continued and each shall hereafter be known as the examining board of plumbers. Such board in each city shall continue to consist of five persons to be appointed by the mayor, of whom two shall be employing or master plumbers of not less than ten years' experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of such board shall be the chief inspector of plumbing and drainage of the board of health of such city, or officer performing the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers having charge or supervision of the plumbing drainage or sewerage, whom the mayor shall designate or appoint, or two members of the board of health of such city having like duties or acting in like capacities.

$41. Term of office; vacancies.-The term of office of each member of such board shall be three years, from the first day of January following his appointment. Vacancies occurring by expiration of a term shall be filled by the mayor for a full term. Vacancies by death, removal, inability to act, resignation or removal from the city of any member shall be filled by him for the unexpired term. The chief inspector of plumbing and drainage and the engineer in charge of sewers or the officers holding equivalent positions or acting in like capacities designated or appointed by the mayor as herein provided, shall be ex officio members of such examining board, and when they shall cease to hold their offices by reason or on account of which they were so designated or appointed, their successors shall act on the examining board in their stead.