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of supervisors elected from the city of Elmira; the other two members shall be nominated by the mayor, subject to the approval of the common council of the city, one of whom shall be a member of the board of relief of the said city. The mayor shall be the chairman of said board. The terms of office of the said managers shall be two years from the date of their appointment and until their successors are named. No member of the said board of managers shall receive compensation for his services, or be financially interested, directly or indirectly, in any contract made in behalf of said hospital by said board. In case of death or resignation of any member of the board the successor of such member shall be appointed for the unexpired term of said member in the same manner in which said member was originally appointed thereto.

§ 4. Said board of managers shall make rules and regulations for the conduct of said hospital. It shall make all needful bylaws, rules and regulations for the government of the proceedings of the said board of managers, and shall fix the terms for care and board upon which all persons who are able to pay therefor shall be admitted thereto; but no person, resident of the city of Elmira, shall be refused admission to said hospital because of his or her inability to pay. It shall appoint all necessary employees, nurses and servants and fix their compensation. The said board of managers shall as far as possible provide for the care of all residents of the city and town of Elmira afflicted with tuberculosis therein, and may in its discretion provide for the care of such patients from other towns in the county and of the state, but no patient shall be admitted to said hospital other than a resident of the city of Elmira except upon payment by said patient or otherwise of a reasonable compensation for such care and maintenance; and the town of Elmira shall be subject to no expense on account of said hospital other than for the care of patients therein. The said board of managers shall not admit to said hospital without compensation any persons who have not been residents of said city for at least one year prior to their application for admittance thereto.

§ 5. Within five days after the first day of the annual meeting of the board of supervisors in November in each year the said

board of managers shall present to the said board of supervisors its estimate of the amount of moneys necessary for the maintenance of the said hospital for the ensuing year. This estimate shall be referred to the members of said board elected from the city of Elmira, who shall determine what amount of moneys shall be raised and shall be placed in the county tax levy, to be levied upon taxable property situate within the city of Elmira, and the sum so raised shall be deposited together with the moneys received by said board for the care of patients with the chamberlain of the city of Elmira to the credit of the said hospital fund. All ΑΠ accounts for the care and maintenance of said hospital shall be audited monthly by the said supervisors from the city of Elmira, constituting the city board of auditors, and paid by said city chamberlain from the said hospital funds upon a certificate signed by the chairman of the city board of auditors. Until the said fund shall be so raised, and hereafter, if said fund shall be insufficient at any time to pay the in the care and management of the said hospital so audited by said city board of auditors, a certificate of audit, signed by the chairman of said board of auditors, of any claim shall be deemed a legal obligation of the city of Elmira, which sum with legal interest shall be included in the next county tax levy, together with the fund estimated by said city board of auditors to be raised for the maintenance of said hospital for the next ensuing year.

expenses

§ 6. At the first meeting of the common council after the first day of January, the said board of managers shall make full report to the common council of the city of Elmira of all expenditures in behalf of said hospital during the preceding year and of all moneys received for the care of patients therein. At the next meeting following the receipt of said report any member of the council may give notice of a motion that he will make at the first meeting of the said council to be held in the month of February for a determination of the question whether it is advisable for the city to continue to maintain the said hospital. Said notice shall be published in two daily papers of the city each day thereafter until the said first meeting in February. At said meeting representatives of the citizens shall be allowed to be heard upon this motion, and the city shall continue to maintain the same unless

said council shall determine otherwise by a two-thirds vote of the members elected to said council. If by said vote it shall be determined to discontinue the support of the said hospital the said discontinuance shall operate from the first day of April following such determination and the said hospital with its appurtenances and equipment together with the real estate donated to the city the acceptance of which is authorized hereby, shall revert to the said donors, their heirs or assigns. And after payment of the debts of said hospital the moneys remaining in said hospital fund shall be placed in the poor fund of the city.

Flagler Hospital, Lockport.

AN ACT to revise the charter of the city of Lockport.
Chapter 120, Laws of 1886.

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§ 231. The common council shall have power in each year to cause a sum not exceeding eighty-one thousand one hundred fifty dollars, to be raised by general tax in said city, whereof they may expend in each fiscal year for the several purposes hereinafter in this section specified, a sum not exceeding the amounts hereinafter severally designated therefor, namely: * For the maintenance of the Flagler hospital, one thousand dollars, to be known as the Flagler hospital fund. * * * (As amended by chapter 639 of the Laws of 1894, chapter 182 of the Laws of 1905, chapter 557 of the Laws of 1906, chapter 508 of the Laws of 1907 and chapter 198 of the Laws of 1908.)

Fulton City Hospital.

AN ACT to amend the charter of the city of Fulton, generally.

Chapter 358, Laws of 1908.

§ 187. City hospital. Whenever title to a suitable site for a hospital, with buildings thereon wherein not less than five patients at a time can be accommodated, shall be acquired by the city by gift, grant, devise, or in any other manner, the common council shall, at the next general city election, submit to the people a proposition to raise the sum of fifteen hundred dollars annually by general tax for the support and maintenance of such hospital.

If the proposition so submitted be carried at such election, the common council shall include in each annual tax levy thereafter the sum of fifteen hundred dollars, which, when collected, shall be credited to the general city fund and paid over by the chamberlain in quarterly payments to the treasurer of the board of governors of the city hospital. The sum so raised for hospital purposes may be increased whenever a proposition therefor shall be submitted and adopted at a general city election in the manner provided by the election law of this state.

§ 188. Board of governors of city hospital. The affairs of the city hospital shall be managed by a board of sixteen governors, who shall serve without pay. The mayor shall be exofficio a member of said board and the president thereof. The first board, aside from the mayor, shall be composed of the directors of the present Fulton city hospital, as follows: Thomas Hunter, Charles J. Bacon and William M. Wells, who shall serve for the term of five years from the first day of January, nineteen hundred and nine; L. Fowler Joy, George C. Webb and Norman H. Haviland, who shall serve for the term of four years from the first day of January, nineteen hundred and nine; Charles R. Lee, Albert L. Warner and Joshua W. Rigley, who shall serve for the term of three years from the first day of January, nineteen hundred and nine; Giles S. Piper, Frederick A. Gage and Thomas H. Marvin, who shall serve for the term of two years from the first day of January, nineteen hundred and nine; Erwin J. Cusack, H. Lester Paddock and Harry L. Platt, who shall serve for the term of one year from the first day of January, nineteen hundred and nine. Thereafter, and on or prior to the first day of January in each year, the mayor shall appoint three governors, who shall serve for a term of five years from the first day of January after their appointment. In case of a vacancy in said board the same shall be filled by appointment by the mayor for the balance of the unexpired term. No person shall be appointed to said board who is not qualified to vote upon a proposition to raise money at a city election. Each governor named in or appointed under the provisions of this section shall, before entering upon the duties of the position, take and file with the city clerk the constitutional oath of office.

§ 189. Organization of board of governors, its powers and duties. The said board of governors, at its first meeting, shall elect from its members a vice-president, secretary and treasurer. The board shall have full power and it shall be its duty to adopt, and from time to time it may amend, modify or repeal, rules, regulations and by-laws for its own government and for the government, regulation and control of the hospital, its inmates and employes, the hospital buildings and the grounds and property appertaining thereto; to build, repair and keep in repair the city hospital and such outbuildings as shall be necessary for hospital purposes, and for that purpose all sums of money received by the city or said board of governors for hospital purposes by gift or devise shall be known as the hospital fund and shall be paid over to the city chamberlain and by him kept separate from other funds, and all interest received thereon shall be credited to such hospital fund; such fund shall be paid over by order of the common council to the treasurer of the hospital board from time to time and in such amounts as the board of governors shall certify to the common council to be necessary for hospital purposes.

§ 189-a. Acquisition of additional lands for hospital purposes. Whenever in the judgment of the board of governors it shall be necessary to acquire additional lands for hospital purposes, and sufficient funds are available therefor, said board. may purchase the same for and on behalf of the city. In case said board is not able to agree with the owner or owners for the purchase of such additional lands, the common council shall proceed to acquire the same by condemnation proceedings under the provisions of the condemnation law of this state.

§ 189-b. Annual report of board of governors. The board of governors shall, at the close of the fiscal year, make a written report to the common council of all expenditures made or incurred by said board during such year, showing separately and by items the amount expended from each fund and the balance standing to the credit of each fund.

Chapter 249, Laws of 1909.

Section 1. The action of the common council of the city of Fulton, in submitting a proposition to the voters of said city at

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