have authority at all times to examine the books and papers of any officer, employee or department of the city, and as often as he may deem proper, to appoint one or more competent persons to examine, without notice, the accounts of any city officer or department, and the money, securities and property belonging to the city in the possession or charge of any officer or department, and to report the result of such examination; and he may administer oaths to witnesses and take affidavits in all cases relating to the affairs of the city. The mayor shall have power to employ an attorney to aid him in the discharge of his duties, whenever, in his opinion, the interests of the city require it, who shall be paid a reasonable compensation. He shall have power to appoint a mayor's clerk and prescribe his duties, and fix his compensation. He may call special meeting of the common council, and shall appoint all standing committees of the common council. He is also empowered to enter any house or building which he has cause to suspect to be a gambling house, or to be inhabited by persons of ill fame, or to which persons of dissolute, idle or disorderly character resort, and disperse the same, or arrest such persons, and hold them until they can be dealt with before some proper magistrate according to law. He shall have power to administer oaths and take affidavits, and to take proof and acknowledgment of deeds within said city and receive therefor the same fees that are allowed justices of the peace for the same services. In case the mayor shall be unable to perform the duties of his office, in consequence of sickness, disability or continued absence from the city, or if there shall be a vacancy in the office, the common council shall, except as otherwise provided in this act, appoint, by ballot, one of their number, to preside at their meetings, and the presiding officer thus chosen 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 it shall not be lawful for the presiding officer thus chosen, when acting as mayor, to nominate or appoint any person to office unless the sickness, disability or absence of the mayor shall have continued at least sixty days. The mayor of the city of Elmira shall possess all the power and authority conferred upon mayors of cities by any general statute of the state; he shall have power to apprehend and arrest any person who shall within his view in said city, be guilty of any criminal act, or of any violation of the laws or statutes of this state; he may also upon complaint being made to him under oath, issue a warrant to the chief of police or any police officer of the city of Elmira to arrest any person charged with crime or misdemeanor, or with any violation of any of the laws or statutes of said state within said city, and bring such person for examination or trial either before him, the said mayor, or before the recorder or acting recorder. Any such warrant may be executed by any officer to whom it is directed at any place within the state. If such process shall be made returnable before the recorder, such officer, upon the same being returned to him, or the prisoner arrested by virtue thereof, being

brought before him, shall take and acquire jurisdiction of the subject matter and proceed with the case to the same extent and in the same manner in all respects as if such process had been originally issued by him. Whenever any person shall be arrested by the mayor of said city for an offense committed within his view, or by process originally returnable before him, he may, by an order in writing, transfer the case to the recorder, who shall thereupon take and acquire jurisdiction and proceed with such case in the same manner and to the same extent as if such person had been arrested on such process originally issued by him, or the said mayor may in such case proceed to examine such person and commit him for trial to answer the charge against him or discharge him according to law. If the offense charged is by law triable in a court of special sessions of the peace, the mayor may proceed to hold a mayor's court of special sessions to try such person or persons, and all provisions of law applicable to courts. of special sessions shall extend and apply to such mayor's court. All process for the summoning of jurors or witnesses in such court may be served or executed by the chief of police, or any constable or police officer of said city. The mayor shall receive the sum of five thousand dollars per year for his services.

§ 2. This act shall take effect immediately.

CITY OF GENEVA

LOCAL LAW No. 1

A local law in relation to public hearings on proposed local laws. Became a law March 9, 1925, with the approval of the Mayor. Passed by the local legislative body of the city of Geneva.

Be it enacted by the common council of the city of Geneva as follows:

Section 1. Public notice of public hearings on proposed local laws shall be given by publication of such notice in a newspaper published in the city of Geneva once, at least, five days before such public hearing.

§ 2. Public notice of a public hearing on this local law shall be given by publication of such notice in a newspaper published in the city of Geneva, once, at least, five days before such public hearings.

§ 3.

This local law shall take effect immediately.

LOCAL LAW No. 2

A local law in relation to intoxicating liquor and to provide for the enforce

ment thereof.

Became a law March 21, 1925, with the approval of the Mayor. Passed by the local legislative body of the city of Geneva.

Be it enacted by the common council of the city of Geneva as follows: Section 1. Definitions. When used in this local law the phrase "intoxicating liquor" shall be construed to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and in addition thereto any spirituous, vinous, malt or fermented liquor, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called containing one-half of one per centum or more of alcohol by volume which are fit for use for beverage purposes.

The word "city" when used in this local law shall mean the city of Geneva, N. Y.

§ 2. Prohibited transactions in intoxicating liquor.

1. Any person who barters, transports, imports, exports, delivers, furnishes, manufactures or sells any intoxicating liquor to be used for beverage purposes, or who barters, transports, imports, exports, delivers, furnishes, manufactures or sells any intoxicating liquor for non-beverage purposes, unless he shall be the holder of a permit therefor from the proper federal authorities and shall have registered such permit as provided by law, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or both.

2. Any person who possesses any intoxicating liquor to be used for beverage purposes, or who possesses any intoxicating liquor for non-beverage purposes, unless he shall be the holder of a permit therefor from the proper federal authorities and shall have registered such permit as provided by law, shall be punishable upon conviction for the first offense by a fine of not more than fifty dollars and upon conviction for a second offense by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment for not more than ninety days or both, and upon conviction for any subsequent offense by a fine of not less than five hundred dollars or imprisonment for not less than six months, or both.

§ 3. Exceptions; application of local law. Nothing in this local law shall be construed to forbid:

1. The possession of intoxicating liquor in one's private dwelling or abode while the same is occupied by him as a dwelling, provided such intoxicating liquor was legally his property before the enactment of this local law and is for use only for the personal consumption of the owner thereof and his family residing in such dwelling and of his bona fide guests when entertained by him therein.

2. The temporary possession by a manufacturer of intoxicating liquor for the purpose of reducing the alcoholic content thereof so that before it is withdrawn from the factory or otherwise disposed of it shall contain less than one-half of one per centum of alcohol by volume, if such manufacturer is the holder of a permit from the proper authorities of the United States and such permit is registered as provided by law.

3. The possession, storage and removal of lawfully acquired liquor for personal consumption by the owner thereof, his family and bona fide guests, where such liquor had been lawfully acquired by such owner before the effective date of this local law. The burden of proof, however, shall be upon the owner in any action concerning the same to prove that such liquor was lawfully acquired, possessed and used.

4. The purchase of sacramental wines by any minister, priest, rabbi, clergyman or officer of a religious society, or the acceptance, manufacture, possession or use in the state of such wines, or the delivery of such wines in the state or the acceptance thereof for delivery. The term "sacramental wines" as used herein, includes and means wines used for or in religious services.

§ 4. Sale on a physician's prescription. Intoxicating liquor shall not be sold at retail in the city of Geneva, N. Y., for medical purposes except as follows:

1. By a duly licensed pharmacist of the state of New York in good standing, or a corporation, association or co-partnership, a member or employe of which is a duly licensed pharmacist of the state of New York in good standing and in personal charge of the premises where such liquor is sold, upon the prescription of a duly licensed physician of the state of New York actively engaged in the practice of his profession.

2. Not more than one pint of spirituous liquor to be taken internally shall be prescribed or sold under a physician's prescription for use by the same person within a period of ten days, and no such liquor shall be sold for external use until the same has been made unfit for internal use.

3. No prescription shall be filled more than once.

4. Any pharmacist filling a prescription shall at the time endorse upon it, over his signature, the word, "cancelled," together with the date when the liquor was delivered, and make the same a part of the record that he is required to keep as herein provided.

5. The pharmacist shall permanently attach to the container of such liquor so sold a label stating the name and address of the person selling and purchasing such liquor, the name and address of the physician issuing the prescription and the date of such sale, and such label shall not be removed from such container until the contents of the container are entirely consumed.

6. Every pharmacist who fills a prescription for such liquor shall keep a record, alphabetically arranged, in a book kept for that purpose, which record shall show the date of filling, amount and kind of liquor prescribed, to whom sold, the name of the physician issuing the prescription and the number of the prescription and prescription book. Such record and the original prescriptions shall be kept open for inspection by the mayor or chief of police, and a copy thereof shall be filed with the city clerk once in each calendar month. Such copies so filed with the city clerk shall be for the inspection only of the mayor or the chief of police.

7. Before a pharmacist shall engage in the sale of intoxicating liquors under the provisions of this local law, he shall procure from the city clerk a license so to do. Application for such license shall be made upon a blank which shall be furnished by the city clerk, upon which blank each applicant shall make a statement which shall be signed and sworn to by him, or by the person making such application in behalf of the corporation, stating:

1. The name of each applicant, and if there be more than one and they be partners, also their partnership name, and the age and residence of the several persons so applying, and the fact as to his citizenship. In case such application is made in behalf of a corporation, it shall set forth the name of the corporation, the state under the laws of which it is organized, and the title of the corporate office held by the person making such application, and that he is duly authorized to act.

2. The premises where such business is to be carried on, stating the street and number and such other description if necessary as will reasonably locate the locality thereof.

3. A statement that such applicant has not been convicted of a felony; has not had a license revoked under this local law by reason of a violation thereof; has not been convicted of a violation of this law.

4. A statement that the principal business which will be transacted by said applicant during the period to be covered by the license applied for is the dispensing and retailing of drugs and