JS
1508
A 15
1908 Mica, N.y Charters,
Uniform, charter for second class cities, Amended to Jan, 1st, 1908,

La
This uniform charter, commonly called the White Charter,
will come into force in Utica on January ist, 1908. On that
date Utica, Schenectady and Yonkers become cities of the
second class, and as such enter the same group with Syracuse,
Albany and Troy.
The White Charter does not completely supersede the old
city charter of Utica and the special laws that have been passed
from time to time. It is intended, rather to be read with these
older laws. Where any provision of the White Charter con-
tradicts any provision of any of them, the White Charter pro-
vision holds. Thus Article VIII provides that a Commissioner
of Public Safety shall be in control of the Police and Fire
Departments, and hence the old Police and Fire Commissioners
Law, under which we have been governed for many years,
ceases to be operative. The White Charter makes no provision
for public schools, and, therefore, the old Common Schools
Act remains in force.
In a volume published by the city in 1902 will be found the
old city charter, amended to the close of the 1901 legislative
session, together with the Common Schools Law, Police and
Fire Commissioners Law and the other special laws. The
General City Law and the General Municipal Law are also
printed in this book. Most of these laws have been slightly
amended since this volume was published. The Park Com-
mission Law (Chap. 351 of the Laws of 1907) supersedes
Section g6 of the White Charter.
The following general laws affect cities of the second class :
The General Municipal Law (Chap. 17 of General Laws).
The General City Law (Chap. 22 of General Laws).
The Public Health Law (Chap. 25 of the General Laws).
The Civil Service Law (Chap. 3 of the General Laws).
The Labor Law (Chap. 32 of the General Laws).
Also the following :
Act in Relation to Exempt Real Estate (Chap. 689 of 1900).

Act for Licensing Dogs in Second Class Cities (Chap. 294
of 1902, amended Chap. 82 of 1904).
Annual Reports of Financial Condition by Second and Third
Class Cities (Chap. 347 of 1903).
Accounts and Examination of State Examiners (Chap. 705
of 1905, amended Chap. 215 of 1907).
Standard of Purity, Etc., of Gas (Chap. 557 of 1907).
7.

GHAP. 473
AN ACT to provide for the government of cities of the second
class.
Became a law, May 16, 1906, with the approval of the Governor.
Passed, three-fifths being present.
:
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:
UNIFORM CHARTER OF CITIES OF THE SECOND
CLASS.
Article I. General provisions, (Secs. 1-4).
II. Officers, (Secs. 10-25).
III. Common council, (Secs. 30-44).
IV. Mayor, (Secs. 50-57).
V. Department of finance, (Secs. 60-80).
VI. Department of public works, (Secs. 90-104).
VII. Department of contract and supplies, (Secs.
120-125).
VIII. Department of public safety, (Secs. 130-154).
IX. Department of assessment and taxation, (Secs.
160-165).
X. Department of charities and correction, (Secs.
170-173).
XI. Judiciary (Secs. 180-191).
XII. Department of law (Secs. 200-206).
XIII. Supervisors; sealer of weights and measures,
(Secs. 210-211).
XIV. Miscellaneous provisions (Secs. 220-231).
ARTICLE I.
GENERAL PROVISIONS.
Section 1. Short title.
2. Term city defined.
3. Corporate powers.
4. Application of act.
Section 1. Short title. — This act shall be known as the uni-
form charter of cities of the second class.
act, means a city of the second class. The provisions of this act
have reference only to such a city.
Sec. 3. Corporate powers. —The citizens of the state of New
-
5.
York, from time to time inhabitants of the territory comprised
within the boundaries of the city, shall continue to be a munici-
pal corporation in perpetuity under its corporate name, and the
same shall in that name be a body politic and corporate in fact
and in law, with power of perpetual succession. The city shall
have power:
1. To take, purchase, hold, lease, sell and convey such real
and personal property as the purposes of the corporation may
require.
2. To take by gift, grant, bequest and devise and hold real
and personal estate absolutely or in trust for any public use in-
cluding that of education, art, ornament, health, charity or
amusement, for parks or gardens, or for the use or erection of
statues, monuments, buildings or structures, upon such terms
or conditions as may be prescribed by the grantor or donor and
accepted by said corporation and to provide for the proper
administration of the same.
3. To make, have and use, and from time to time alter, a
common seal.
4. To contract and be contracted with, to sue and be sued, to
complain and defend and to institute, prosecute, maintain and
defend any action or proceeding in any court.
5. To have, and exercise all of the rights, privileges and
jurisdiction essential to a proper exercise of its corporate func-
tions, including all that may be necessarily incident to, or may
be fairly implied from, the powers specifically conferred upon
such corporation.
6. To have and exercise all the rights, privileges, functions
and powers now prescribed and exercised by it under existing
or subsequent laws and not inconsistent with the provisions of
this act.
Sec. 4. Application of act. —Within thirty days after each
state enumeration, the secretary of state shall file with the clerk
of every city, a certificate showing the population of such city;
and if it appears therefrom that such city has, since the prior
state enumeration, become a city of the second class, then all
the provisions of this act shall apply to such city on and after
the first day of January thereafter, but the provisions of this
act shall not apply to any city that becomes a city of the second
class under the enumeration had in the year nineteen hundred
and five, until on and after the first day of January, nineteen
hundred and eight, except that the elective officers provided in
this act or otherwise by law for such city as becomes a city of
the second class after such enumeration, shall be elected at the
city election to be held on the Tuesday succeeding the first
Monday in November nineteen hundred and seven.

6.

ARTICLE II.
OFFICERS.
Section 10. Officers.
II. Elective officers.
12. Appointive officers.
13. Terms of office.
14. Elections.
15. Vacancies.
16. Salaries.
17. Additional fees or compensation not to be paid.
18. Official undertakings.
19. Restrictions; officers not to be interested in con-
tracts.
20. Charges against city officers.
21. Office hours.
22. Officers, trustees of public property.
23. Annual reports of departments.
Section 10. Officers. -City officers, within the meaning of
this act, include all persons elected or appointed to any office
of the city created or authorized by this act or otherwise by law.
Sec. II. Elective officers.—There shall be elected by the quali-
fied electors of the city, a mayor, comptroller, treasurer, presi-
dent of the common
elected by the qualified electors of each ward of the city an
ålderman and a supervisor. There shall also be elected by the
qualified electors of the city and of the wards thereof such
other officers as may be provided by law.
Sec. 12. Appointive officers. —There shall be appointed by the
mayor a corporation counsel, city engineer, commissioner of
public works, commissioner of public safety, commissioner of
charities and sealer of weights and measures. Other officers
may be appointed as provided in this act or otherwise by law.
All appointments to any city office shall be evidenced by a cer-
tificate in writing, signed by the appointing officer and filed
forthwith in the office of the city clerk. If an appointment be
made by the common council such certificate shall be signed by
the officer presiding at the time the appointment was made and
attested by the city clerk.
Sec. 13. Terms of office. —The term of office of each elective
officer, unless elected to fill a vacancy then existing, shall com-
mence on the first day of January next succeeding his election.
The term of office of each appointive officer shall commence on
the day succeeding his appointment unless a different date is
specified in the certificate of appointment. The term of office of
the mayor, comptroller, treasurer and president of the common
7.

council shall be two years. The term of office of alderman and
supervisor shall be two years. The term of office of the asses-
sors shall be four years, except that at the city election first held
in the city after the same shall have become a city of the second
class and the provisions of this act relating to the election of
its officers shall have become applicable thereto, two of the
assessors shall be elected for a term of two years and two for
a term of four years. The term of office of the corporation
counsel, city engineer, commissioner of public works, commis-
sioner of charities and sealer of weights and measures shall be
two years, unless sooner removed by the mayor. Where the
term of office of an appointive officer is not specifically fixed by
statute it shall be deemed to continue only during the pleasure
of the officer, officers, board or body authorized to make the
appointment.
Sec. 14. Elections. —All elections of city officers, including
supervisors and judicial officers of a city court or inferior local
court, shall be held on the Tuesday succeeding the first Monday
in November, and, except to fill vacancies, in an odd-numbered
year. All such elections shall be held at the same time and
places as the general election held in such year, and shall be
conducted in all respects in the same manner as general elections
in cities are required to be conducted, and all the provisions of
law relative to such elections shall be applicable to the election
for officers of the city. In case of the failure to elect an elective
city officer, except as otherwise provided herein, the office shall
be deemed to be vacant for the purpose of choosing a successor
and the vacancy shall be filled in the manner provided herein
for the filling of a vacancy in such office happening otherwise
than by expiration of term.
Sec. 15. Vacancies. —If a vacancy shall occur, otherwise than
by expiration of term, in an elective office of the city, including
that of supervisor, the mayor shall appoint a person to fill such
vacancy. The person so appointed to such vacancy, if the office
be not made elective by the constitution, shall hold office for the
balance of the unexpired term. If the office be made elective by
the constitution, the term of office of the person so appointed
shall be until the commencement of the political year next suc-
ceeding the first annual election after the happening of the
vacancy at which a successor can be elected, and a successor for
the balance of the unexpired term, if any, shall be chosen at
the next city election happening not less than twenty days after
such vacancy occurs. If a vacancy shall occur in an appointive
office of the city, otherwise than by expiration of term, the
office, officers, board or body authorized to make appointment
to office for the full term shall appoint a person to fill such
vacancy for the balance of the unexpired term.
8.

Sec. 16. Salaries. In a city having a population of less than
seventy-five thousand, as appears by the last preceding state
enumeration, the mayor shall receive an annual salary of three
thousand five hundred dollars, the comptroller three thousand
dollars, the treasurer two thousand five hundred dollars, the
corporation counsel three thousand five hundred dollars, the
city engineer three thousand dollars, the president of the com-
mon council one thousand dollars, and each alderman five hun-
dred dollars. In a city having a population of seventy-five
thousand and less than one hundred and fifty thousand as
aforesaid, the mayor shall receive an annual salary of four
thousand dollars, the comptroller three thousand five hundred
dollars, the treasurer three thousand dollars, the corporation
counsel four thousand dollars, the city engineer three thousand
five hundred dollars, the president of the common council one
thousand dollars and each alderman, the salary provided by the
laws in force at the time of the taking effect of this act. In a
city having a population of one hundred and fifty thousand or
more, as aforesaid, the mayor shall receive an annual salary of
five thousand dollars, the comptroller, three thousand five hun-
dred dollars, the treasurer three thousand five hundred dollars,
the corporation counsel five thousand dollars, the city engineer
four thousand five hundred dollars, the president of the com-
mon council one thousand dollars, and each alderman, seven
hundred and fifty dollars. Supervisors shall receive such salary
or compensation as shall be otherwise provided by law. The
salary of every city officer and the salary or compensation of
every person paid out of funds appropriated by the city, when
not specificially fixed by statute, shall be fixed and determined
by the board of estimate and apportionment. All such salaries
and compensation shall be payable in such instalments and at
such times as such board shall determine.
Sec. 17. Additional fees or compensation not to be paid. —No
officer of the city, except corporation counsel, a justice of a
city court, acting as clerk of said court, city marshal, marshal
of a city or municipal court, commissioners of deeds and city
officers acting as commissioners of deeds, shall have or receive
to his use any perquisites, compensation or fees for services
pertaining directly or indirectly, or which may hereafter be
added to the duties of his office, in addition to his salary; and
all perquisites, compensation and fees paid to and received by
any such officer for services pertaining directly or indirectly,
or which may hereafter be added to the duties of his office,
other than his salary received from the city, shall be the prop-
erty of the city, and shall be paid by the officer receiving the
same into the city treasury. The compensation of all the offi-
9.
cers, clerks and subordinates in the several departments shall
not exceed in the aggregate the appropriation made by the
board of estimate and apportionment for that purpose.
Sec. 18. Official undertakings. —No person elected or appoint-
ed to a city office shall enter upon or continue in the discharge
of the duties of his office until he shall have executed and filed
with the city clerk the official undertaking, if any, required to
be given and the same shall have been approved as to
its form and validity by the corporation counsel and as to the
sufficiency of the sureties by the mayor. All such undertak-
ings shall be recorded in the office of the city clerk. In addi-
tion to the city officers required in this act, or otherwise by
law, to give official undertakings, the common council may re-
quire any other city officer to give an official undertaking in
such penal sum and with such conditions and sureties as it
shall direct and approve.
It may also, in a proper case, re-
quire an undertaking of any officer in addition to that required
by law. The mayor shall examine the sufficiency of the pro-
posed sureties of any officer or person from whom an official
undertaking is required and may require such sureties to be
examined on oath as to their property qualifications and liabili-
ties. The deposition of each surety shall be reduced to writ-
ing, subscribed by him, certified by the officer administering
the oath and annexed to and filed with the undertaking. In
case any city officer shall fail to file the required official under-
taking, if an elective officer, within thirty days after receipt of
his certificate of election, and if an appointive officer, within
fifteen days after receipt of notice of his appointment, the of-
fice shall be deemed to be vacant and the vacancy shall be filled
in the manner herein 'provided for the filling of a vacancy
therein happening otherwise than by expiration of term. The
official undertaking of a city officer shall not be a lien upon real
estate owned by him or the sureties on such undertaking.
Sec. 19. Restrictions; officers not to be interested in contracts.
No person shall, at the same time, hold more than one city of-
fice. Upon the acceptance by a city officer of a second office
the office first held by him shall thereupon became vacant. No
member of the common council or other officer or employee of
the city, or person receiving a salary or compensation from
funds appropriated by the city, shall be interested directly or
indirectly in any contract to which the city is a party, either as
principal, surety or otherwise; nor shall any such member of
the common council, city officer or employee or person, or his
partner, or any agent, servant, or employee of such officer, em-
ployee or person or of the firm of which he is a partner, pur-
chase from or sell to the city, or any officer thereof, any real

IO.

or personal property for the use of the city, or any board or
officer thereof, nor shall he be interested, directly or indirectly,
in any work to be performed for, or services rendered to or
for it, or in any sale to or from said city, or to any officer, board
or person in its behalf. Any contract made in violation of any
of these provisions shall be void. A person shall not be deemed
to be interested in a contract, purchase or sale made by a cor-
poration with, from or to the city solely by reason of the fact
that he is a stockholder of such corporation. The term city
officer as used herein, however, shall not be deemed to include
a commissioner of deeds.
Sec. 20. Charges against city officers. --Whenever it is pro-
vided herein, or otherwise by law, that an officer of the city
shall hold office during good behavior or shall be removed only
upon charges, such charges shall be for disability for service or
neglect or dereliction of official duty or incompetency or in-
capacity to perform his official duties or some delinquency
materially affecting his general character or fitness for the of-
fice, unless otherwise specifically provided by law. Where the
charges are for disability for service, the examination shall be
one of inquiry only and the decision made, in a proper case,
may be for honorable discharge from service. In all other
cases the examination shall be a trial, conducted under such
reasonable rules and regulations as shall be prescribed by the
officer, officers, board or body before whom the trial is held.
Sec. 21. Office hours. — Unless otherwise provided by law,
the city offices shall be kept open for the transaction of business
each day in the year, Sundays and legal holidays 'excepted,
from ten o'clock in the forenoon until four o'clock in the after-
noon, except that the offices of comptroller, city treasurer and
the office for the collection of water rents, shall be kept open
as aforesaid from ten o'clock in the forenoon until three o'clock
in the afternoon. The common council may from time to time
direct any city office to be kept open at such other hours as
public convenience may require.
Sec. 22. Officers, trustees of public property.-- The common
council and the several members thereof, and all officers and
employees of the city are hereby declared trustees of the prop-
erty, funds and effects of said city respectively, so far as such
property, funds and effects are or may be committed to their
management or control, and every taxpayer residing in said
city is hereby declared to be a cestui que trust in respect to the
said property, funds and effects respectively; and
any co-trustee
or any cestui que trust shall be entitled as against said trustees
and in regard to said property, funds and effects to all the
rules, remedies and privileges provided by law for any cotrus-
II.

tee or cestui que trust; to prosecute and maintain an action to
prevent waste and injury to any property, funds and estate
held in trust; and such trustees are hereby made subject to all
the duties and responsibilities imposed by law on trustees, and
such duties and responsibilities may be enforced by the city or
by any cotrustee or cestui que trust aforesaid. The remedies.
herein provided shall be in addition to those now provided by
law.
Sec. 23. Annual reports of departments. The several heads
of departments shall present to the mayor annually, on or be-
fore the first Monday of December, a report of their proceed-
ings during the preceding year. The mayor shall transmit the
same to the common council with any recommendations he
may think proper to make, but nothing in this section contained
shall be construed to relieve such heads of departments from
furnishing such other information as may be required by the
mayor at any time.
1
ARTICLE III.
COMMON COUNCIL.
Section 30. Legislative power.
31 Members; president; organization of council.
32. City Clerk
33. Meetings.
34. Powers.
35. Legislative acts.
36. Appropriations.
37. Disposition of real estate.
38. Proceedings after passage of ordinance.
39. Record of ordinances.
40. Regulations of duties and officers.
41. Executive functions, how performed.
42. Penalties for violation of ordinances.
43. Designation of official papers; official printing:
44. Penalties.
Section 30. Legislative Power. The legislative power of the
city is vested in the common council thereof, and it has author-
ity to enact ordinances, not inconsistent with law, for the
gov-
ernment of the city and the management of its business, for
the preservation of good order, peace and health, for the safety
and welfare of its inhabitants and the protection and security
of their property; and its authority, except as otherwise pro-
vided in this act, or by law, is legislative only.
Sec. 31. Members; president; organization of council.—The al-
dermen of the city shall constitute the comian council thereof.
The members of the common council shall meet in the room
12.

provided for the purpose on the second day of January after-
their election, or if that be Sunday, then on the next day, and
organize. The president shall preside at all meetings and dis-
charge such other duties as may be defined by ordinance of
the common council and otherwise by law. The common coun-
cil may at any regular meeting, elect one of its members presi--
dent pro tempore to act during the temporary absence or disa--
bility of the president and who shall be the president of the
common council in case of a permanent vacancy in that office..
Until such permanent vacancy shall be filled, the mayor shall.
preside over the meetings of the common council. Until such.
a vacancy is filled the common council shall transact no busi-
ness except to adjourn from time to time. The president may:
vote like other members of the common council upon all reso-.
lutions and ordinances submitted to the body for its action in
case of a tie vote, and when a member of the common council.
is elected president, he shall be entitled to vote as a member of
the common council. The president of the common council.
shall have the power of commissioner of deeds.
Sec. 32. City clerk. — The common council shall choose a
clerk to hold office during the term for which its members were
elected, unless sooner removed by a vote of three-fourths of all
the members of the common council. He shall be the city-
clerk and shall attend the meetings of the common council, keep
a journal of its proceedings and discharge such other duties
as may be prescribed by law or ordinance. He may appoint,
to hold office during his pleasure, a deputy and such other sub-.
ordinates as may be prescribed by the board of estimate and
apportionment. In case of the absence or disability of the city-
clerk or a vacancy in the office, the deputy shall discharge the
duties of the office until the city clerk returns, his disability
ceases or the vacancy is filled. It shall be the duty of the said
clerk to transmit to the head of each department and the clerk.
of each board, copies of all ordinances in any manner affecting
any of the matters of which any such department or board shall.
have jurisdiction. He shall have the custody of the city seal..
Said clerk and deputy clerk shall each have the power of a com-
missioner of deeds.
Sec. 33. Meetings. The common council shall hold regular-
meetings at times to be determined by it from time to time..
The president of the common council, or a majority of its mem-.
bers, may call a special meeting of the common council by
causing a written notice thereof, specifying the objects of the
meeting, to be served by the city clerk upon each member per--
sonally or by mail, directed to his place of residence or place of
business, at least twenty-four hours before the time fixed for-
such meeting
13

Sec. 34. Powers. —The common council shall determine the
rules of its own proceedings and be the judge of the election,
returns and qualifications of its members. Its meetings shall
be public and its records open to public inspection, and a ma-
jority of all its members shall constitute a quorum to do busi-
ness. The common council may compel the attendance of ab-
sent members at any meeting properly called, and may punish
or expel a member for disorderly conduct, for a violation of
its rules or for official misconduct, or declare his seat vacant
by reason of absence, provided such absence has continued for
the space of two months; but no expulsion shall take place and
no vacancy on account of absence be declared except by the
vote of three-fourths of all the members of the common coun-
cil, nor until the delinquent member has had an opportunity to
be heard in his defense. All appointments or designations
made by the common council shall be determined upon a vote
taken by a roll call of its members, and a statement of the choice
of each member or the yeas and nays, if any, shall be entered
upon
the journal.
Sec. 35. Legislative acts.—All the legislative acts of the
common council shall be by ordinances, and on the passage of
every ordinance, the yeas and nays of the members voting
thereon shall be entered in full upon the journal. The passage
of an ordinance shall require the affirmative vote of at least a
majority of all the members of the common council. No or-
dinance shall be passed by the common council on the same day
in which it is introduced, except by unanimous consent.
Sec. 36. Appropriations. —No appropriations of money shall
be made for any purpose except by ordinance specifying each
item, the amount thereof, and the department or specific pur-
pose for which the appropriation is made.
Sec. 37. Disposition of real estate; franchises. —No ordinance
shall be passed making or authorizing a sale or lease of city
real estate or of any franchise belonging to or under the con-
trol of the city except by vote of three-fourths of all the mem-
bers of the common council. In case of a proposed sale or
lease of real estate or of a franchise, the ordinance must pro-
vide for a disposition of the same at public auction to the high-
est bidder, under proper regulations as to the giving of security
and after public notice to be published once each week for three
weeks in the official paper or papers. A sale or lease of real
estate or a franchise shall not be valid or take effect unless
made as aforesaid and subsequently approved by a resolution
of the board of estimate and apportionment. No franchise
shall be granted or be operated for a period longer than fifty
years. The common council may, however, grant to the owner

14.

or lessees of an existing franchise, under which operations are
being actually carried on, such additional rights or extensions
in the street or streets in which the said franchise exists, upon
such terms as the interests of the city may require, with or
without an advertisement, as the common council may deter-
mine; provided, however, that no such grant shall be opera-
tive unless approved by the board of estimate and apportion-
ment, and also by the mayor.
Sec. 38. Procedure after passage of ordinance. Every ordin-
ance of the common council shall immediately after its passage
be separately engrossed and signed by the president and at-
tested by the clerk. The clerk shall thereupon present the
same to the mayor. If the mayor approve it he shall sign it
and return it to the clerk, and the ordinance shall thereupon.
take effect. If he disapprove it, he shall return it to the clerk
with his objections stated in writing, and the clerk shall pre-
sent the same with such objections to the common council at
its next regular meeting. The common council may, within
thirty days thereafter, reconsider the same; if, after such re-
consideration, three-fourths of all the members of the common
council shall vote to pass the ordinance the same shall take ef-
fect notwithstanding the objections of the mayor, unless a
greater number of members were necessary according to the
provisions of this act for the original passage of the ordinance,
in which case unless as many members as were requisite for
the original passage of the ordinance shall vote to pass the
ordinance it shall not take effect. If any ordinance shall not
be returned by the mayor to the clerk within ten days after it
shall have been presented to him, or if such ordinance shall be
returned within such period without the mayor's approval or
disapproval, the same shall take effect in like manner as if the
mayor had approved and signed it. If any ordinance pre-
sented to the mayor contains several items of appropriation of
money or embraces more than one distinct subject, the mayor
nay approve the provisions relating to one or more items or
one or more subjects and disapprove the others. In such case
those items or subjects which he shall approve shall take effect
and he shall append to the ordinance at the time of signing
it a statement of the items or subjects which he disapproves
and said items or subjects so disapproved shall not take effect.
He shall return to the clerk a copy of such statement and the
it-ms or subjects disapproved may be separately reconsidered
by the common council and shall only become effective if again
passed by it as above provided. All the provisions of this sec-
tion in relation to ordinances disapproved by the mayor shall
apply in cases in which he shall disapprove any item or subject
15.
contained in an ordinance appropriating money or embracing
more than one distinct subject.
Sec. 39. Record of ordinances.—Every ordinance shall, upon
its taking effect as herein provided, be recorded in a book kept
for that purpose by the clerk. Such records shall include the
signature of the president, attestation of the clerk and the
mayor's written approval, or in case of his disapproval a mem-
orandum of its passage over his veto; or in case the ordinance
took effect because he failed to approve or disapprove and re-
turn within ten days, then a memorandum to that effect. Such
record or a certified copy thereof, shall be presumptive evidence
of the passage of the ordinance and of the facts certified. The
original engrossed ordinances for each year shall be bound to-
gether and kept in the custody of the clerk.
Sec. 40. Regulations of duties of officers. —The common coun-
cil may, by ordinance passed by three-fourths of all its mem-
bers, not inconsistent with this act, or other laws of the State,
regulate the powers and duties of any city officer or depart-
ment; and it has power to investigate all city officers and de-
partments and shall have access to all records and papers kept
by every city officer or department, and has power to compel
the attendance of witnesses and the production of books, papers
or other evidence at any meeting of the common council or of
any committee thereof, and for that purpose may issue sub-
poenas signed by the president.
Sec. 41. Executive functions'; how performed. —Whenever an
executive or administrative function, is by law or ordinance
of the common council required to be performed the same
shall be performed by the proper executive or administrative
officer or department, designated in the law or ordinance, and
in case no such designation be thus made the mayor shall make
the same, but no ordinance shall be passed interfering with the
exercise of the executive functions of the officers, departments
and boards of the city, as provided in this act or otherwise by
law.
Sec. 42. Penalties for violation of ordinances.—Any person vio-
lating an ordinance of the common council shall be guilty of a
inisdemeanor and the common council may provide therein or
by general ordinance, that any person guilty of such violation
sliall be liabli to fine which shall not exceed one hundred and
fifty dollars in amount, or to imprisonment not exceeding one
hundred and fifty days, or to both such fine and imprisonment,
or such ordinance may provide for a penalty, not exceeding five
hundred dollars to be recovered by the city in a civil action.
The city may maintain an action or proceeding in a court of

16.

competent jurisdiction to compel compliance with, or to restrain
by injunction the violation of, any ordinance of the common
council or of the commissioner of public safety, notwithstand-
ing that the ordinance may provide a penalty for such violation.
Sec. 43. Designation of official papers; official printing. —At the
first meeting of the common council for the purpose of organ-
ization, as provided herein, it shall designate not more than two
newspapers published in the city to be the official paper or
papers of the city. The common council may, by two-thirds
vote of all its members, determine to designate but one official
paper, in which case it shall designate a daily newspaper, and
the paper receiving the highest number of votes shall be the
official paper for two years and until a successor is designated.
Unless the common council shall so determine to designate but
one official paper, it shall designate two official papers, of Opp0-
site political faith, and of which at least one shall be a daily
newspaper and each member shall be entitled to vote for but
one paper, and the two papers having the highest number of
votes shall be the official papers for two years and until a suc-
cessor or successors shall be designated. Such official paper or
papers shall publish such matters and in such form as shall be
prescribed by statute or otherwise by general ordinance of the
common council. In case an official paper shall refuse or fail
to act or perform as such, the common council may in its dis-
cretion, as hereinbefore provided, designate a successor. All
bills and accounts for publication in official newspapers and all
city printing and advertising shall be a city charge, and shall
be paid by the treasurer upon the audit of the comptroller. The
common council may, by general ordinance, prescribe the form
in which the proceedings and reports of the city officers, boards
and departments shall be issued, and the printing and binding
of the same shall be performed under contract awarded as in
the case of other city contracts.
Sec. 44. Penalties.—Any member of the common council
who shall knowingly or unlawfully disregard any provision of
law applicable to the members thereof, or who shall vote for
any ordinance or measure in violation of law, or any appropria-
tion unauthorized by law or in excess of the amount authorized
by law, or for any illegal or injurious disposition of corporate
property rights or privileges, shall be guilty of a misdemeanor
and liable to the punishment and penalty prescribed therefor,
and every member voting in favor thereof shall be individ-
ually liable to refund the amount to the city at the suit of any
taxpayer.
17.
ARTICLE IV.
MAYOR.
Section 50. Executive power.
51. Acting mayor.
52. Clerks and assistants.
53. Consultation with heads of departments
54. Duties of mayor.
55. Execution of deeds and contracts.
56. Examination of books and accounts.
57. Additional powers and duties.
Section 50. Executive power. —The executive power of the
city is vested in the mayor, and in such executive officers and
departments as are or may be created by law, or by ordinance
of the common council.
Sec. 51. Acting mayor.
Whenever there shall be a vacancy
in the office of mayor, or whenever by reason of sickness or
absence from the city the mayor shall be prevented from at-
tending to the duties of the office, the president of the common
council shall act as mayor and possess all the rights of mayor
during such period of disability or absence. In case of a va-
cancy in the office of mayor he shall so act until noon of the
first day of January next succeeding the election at which the
mayor's successor shall be chosen. It shall not be lawful for
the president of the common council when acting as mayor in
consequence of the absence or sickness of the mayor to exer-
cise any power of appointment or removal from office unless
such sickness or absence shall have continued for a period of
thirty days; or to sign, approve or disapprove any ordinance
or resolution unless such sickness or absence shall have con-
tinued for a period of at least nine days.
Sec. 52. Clerks and assistants. —The mayor shall appoint a
secretary and such other assistants as may be prescribed by the
board of estimate and apportionment.
Sec. 53. Consultation with heads of departments. —The mayor
shall call together the heads of the city departments for con-
sultation and advice upon the affairs of the city as often as he
may deem advisable, but not less than twelve times in each
year; and at such meetings he may call upon the heads of the
departments for such reports as to the subject matters under
their control and management as he may deem proper, which
it shall be their duty to prepare and submit at once to him.
Records shall be kept of such meetings, and rules and regula-
tions shall be adopted thereat for the harmonious, systematic
and efficient administration of the affairs of the city, not incon-
sistent with law or ordinance.

18.

Sec. 54. Duties of mayor.-It shall be the duty of the mayor
to see that the city officers and departments faithfully perform
their duties; to maintain peace and good order within the city;
to take care that the laws of the state and the ordinances of
the common council are executed and enforced within the
city; to communicate by written message to the common coun-
cil at least once a year a statement of the finances and general
conditions of the affairs of the city, and with such recommen-
dations in relation thereto as he may deem proper; to give such
information in relation to the same as the common council may
from time to time require; and to call a special meeting of the
common council whenever in his judgment it is required by
public necessity. He shall also receive and examine into all
complaints made against any city officer for neglect of duty or
malfeasance in office.
Sec. 55. Execution of deeds and contracts. The mayor shall,
on behalf of the city, execute all deeds and contracts made by
it and shall cause to be affixed thereto the city seal.
Sec. 56. Examination of books and accounts. —The mayor shall
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 depart-
ment and to report the result of such examination; and he may
administer oaths to witnesses and take affidavits in all cases re-
lating to the affairs of the city.
57. Additional
powers and duties. —The mayor shall have
such other powers and perform such other duties as may be
prescribed in this act or by other laws of the state or by or-
dinance of the common council, not inconsistent with law. In
case of riot, conflagration or other public emergency requiring
it, the mayor shall have power to call out the police and
firemen; he shall also have power to appoint such number of
special policemen as he may deem necessary to preserve the
public peace. Such special policemen shall be under the sole
control of the regularly appointed and constituted officers of
the police department. They shall have power to make arrests.
only for public intoxication, disorderly conduct or other of-
fenses against peace and good order. In case of riot or insur-
rection, he may take command of the whole police force, in-
cluding the chief executive officer thereof.
Sec. 57
19.

ARTICLE V.
11
DEPARTMENT OF FINANCE.
Section 60. Temporary and funded debts.
61. Issue and sale of bonds.
62. Comptroller and deputy comptroller.
63. Duties of comptroller.
64. Claims against the city.
65. Custody and management of sinking fund.
66. Accounts with the treasurer.
67. Annual financial statement.
68. Treasurer and deputy treasurer.
69. Duties of treasurer.
70. Deposits and accounts.
71. Board of estimate and apportionment.
72. Sinking fund.
73. Fiscal year; departmental estimates.
74. Determination of positions and salaries.
75. Annual estimate.
76. Annual appropriations.
77. Tax budget.
78. Temporary loans.
79. Contracts and expenditures prohibited.
80. Penalties for violation of preceding section.
Section 60. Temporary and funded debts.-- Temporary and.
funded debts of the city for the various purposes authorized
or contemplated by this act and otherwise by law, may be cre-
ated by ordinance of the common council, provided, however,
that any such ordinance shall, before it take effect, be submit-
ted to and approved by the board of estimate and apportion-
ment. Funded debts may be created for any municipal purpose.
The creation of funded and temporary debts and the refunding
of existing debts, shall be subject to the provisions of the gen-
eral municipal law, except as otherwise herein provided. Every
funded debt, refunded or created, except to provide for the
supply of water, shall be issued in such amounts and shall fall
due at such times that the principal of the same shall be fully
paid in twenty equal annual instalments, the last of which shall
became* due at the end of twenty years after its issue. Every
funded debt refunded or created to provide for the supply
of water shall be issued in such amounts and shall fall due at
such times that the principal of the same shall be fully paid in
not more than forty equal instalments, the last of which shall
become due at the end of not more than forty years after its
issue. Any bonds of the city heretofore issued, other than
* So in original.
20.

revenue bonds, and not payable in instalments may be refund-
ed. No funded debt which is payable in instalments, nor any
annual payment thereof, shall be refunded, but provision shall
be made for the payment of each instalment and accrued in-
terest in the year in which it shall become due by the insertion
of the proper sum in the annual estimate for the year in ques-
tion.
Sec. 61. Issue and sale of bonds. —All bonds of the city for
whatever purposes issued shall be advertised and sold by the
comptroller. He shall cause to be published in an official daily
paper or papers, daily for not less than five successive days
(Sundays excepted), a notice containing a description of the
bonds to be sold, the manner and place of sale and the time
when the same shall be sold, or the time limited for the receipt
of sealed proposals, which shall not be less than ten days from
the first publication of said notice. When bonds are sold under
sealed proposals, no proposal shall be opened until one hour
after the time limited for the receipt thereof has elapsed, and
all proposals shall be opened in public. Award shall be made
to the highest bidder. At any sale of bonds either by auction
or under sealed proposals, the comptroller may reject all bids
and readvertise if in his opinion the price offered is inadequate.
All bonds shall be signed in the name of the city, by the mayor
and treasurer, and countersigned by the comptroller. A list of
all bonds issued by the city shall be kept in the comptroller's
office and when any bonds are paid by the treasurer, they shall
be presented by him to the comptroller for cancellation.
Sec. 62. Comptroller and deputy comptroller. — The comptrol-
ler may appoint, to hold office during his pleasure, a deputy
and such other subordinates as may be prescribed by the board
of estimate and apportionment. In case of the absence or disa-
bility of the comptroller, or of a vacancy in the office, the dep-
uty shall discharge the duties of the office until the comptroller
returns, his disability ceases or the vacancy is filled. The
comptroller and deputy comptroller, before entering upon the
duties of their respective offices, shall each execute and file with
the city clerk an official undertaking in such penal sum as may
be prescribed by the common council. The comptroller and
deputy comptroller shall each be ex-officio a commissioner of
deeds.
Sec. 63. Duties of comptroller. — The comptroller shall super-
intend the fiscal affairs of the city and manage the same pur-
suant to law and ordinance of the common council. He shall
keep a separate account with every department and with each
improvement for which funds are appropriated or raised by
tax or assessment. No warrant shall be drawn by him for the
21.
payment of any claim against or obligation of the city unless it
state particularly against which of such funds it is drawn. No
fund shall be overdrawn nor shall any warrant be drawn
against one fund to pay a claim chargeable to another. The
comptroller shall perform such other and further duties, as
may from time to time be prescribed by law, or by ordinance of
the common council, not inconsistent with the provisions of this
act or the other laws of the state.
Sec. 64. Claims against the city.—No claim against the city
except for a fixed salary, for the principal or interest on a
bonded or funded debt or other loan, or for the regular or
stated compensation of officers or employees in any city de-
partment, or for work performed or materials furnished under
contract with the board of contract and supply, shall be paid
unless a claim therefor, verified by or on behalf of the claimant,
in such form as the comptroller shall prescribe, and approved
by the head of the department or officer whose action gave rise
or origin to the claim, shall have been presented to the comp-
troller, and shall have been audited and allowed by him. The
comptroller shall cause each such claim, upon presentation to
him for audit, to be numbered consecutively and the number,
date of presentation, name of claimant and brief statement of
character of each claim shall be entered in a book kept for such
purpose, which shall at all times during office hours be so
placed as to be convenient for public inspection and examina-
tion. No claim shall be audited or paid until at least five days
have elapsed after its presentation to the comptroller, and the
comptroller shall not be required to audit a claim until two
weeks have expired after the expiration of such period of five
days. The comptroller is authorized, in considering a claim,
to require any person presenting the same for audit to be sworn
before him touching the justness and accuracy of such claim,
and to take evidence and examine witnesses in reference to
the claim, and for that purpose he may issue, subpoenas for the
attendance of witnesses. If the claimant be dissatisfied with
the audit he may appeal to the board of estimate and apportion-
ment by serving notice of appeal in writing upon the comptrol-
ler and the common council at any time before the first regular
meeting of the common council that is held after he receives
the comptroller's audit. If the common council or any tax-
payer be dissatisfied with such audit it, or he, may appeal to
the same board on behalf of the city, in like manner, by serv-
ing notice of appeal upon the claimants and the comptroller
and the treasurer within ten days after the meeting of the com-
mon council at which such claims shall have been reported by
the comptroller. The board of estimate and apportionment

22.

shall make rules for the procedure upon the hearing of such
appeals and the decision and audit of that board, after the
hearing upon the appeal to it, shall be final and conclusive as
to the amount of the claim; but if there be no appeal from the
original audit it shall in like manner be final and conclusive..
Upon the appeal herein provided for, the treasurer shall take
the place of the comptroller as a member of the board. The
comptroller and the board of estimate and apportionment upon
an appeal to it, as herein provided, shall have authority to
take evidence and examine witnesses in reference to the claim
and for that purpose may issue subpoenas for the attendance
of witnesses; and the comptroller and each member of the
board of estimate and apportionment is hereby declared to be
ex officio a commissioner of deeds. When a claim has been
finally audited by the comptroller he shall indorse thereon or
attach thereto his certificate as to such audit, and the same
shall thereupon be filed in and remain a public record in his
office. If any person shall present to the comptroller for audit
a claim in the name of any person or firm other than that of
the actual claimant he shall be guilty of a misdemeanor.
Sec. 65. Custody and management of sinking fund. —The comp-
troller shall have, under the direction of the board of estimate
and apportionment, the custody, investment and management
of any sinking fund provided for the payment or redemption
of city debts.
Sec. 66. Accounts with treasurer.—The comptroller shall keep
an account between the city and the treasurer, and of all moneys
received and disbursed by the treasurer, and for that purpose he
shall procure daily statements from the treasurer as to the
moneys received and disbursed by him, and shall also procure
from the banks in which the city funds are deposited by the
treasurer, monthly statements of the moneys which have been
received and paid out on account of the city. He shall exam-
ine the treasurer's books, accounts and bank books, and ascer-
tain as to their correctness, and shall render quarterly a de-
tailed report to the mayor and common council of the funds
and financial condition of the city.
Sec. 67. Annual financial statement. — The comptroller shall,
within thirty days after the close of each fiscal year, prepare
and publish in book or pamphlet form a full and accu-
rate statement in detail, verified by his oath showing: (1) the
receipts and revenues of the city from all sources and the ac-
counts which may be due to the city and uncollected at the close
of the fiscal year; (2) the disbursements from all city funds
and the expenditures in all branches of the city government
during the fiscal year; (3) the indebtedness of the city at the
23

close of the fiscal year, the provisions made for the payment
thereof together with the purposes for which it was incurred;
(4) the cost of the acquisition, construction and operation of
each public utility owned, maintained, or operated by the city
and the income derived therefrom. Such publication shall be
accompanied by a statement in detail, in separate columns,
showing the several funds belonging to the city, the amount
drawn on each fund and its then present condition, also the
several debts and obligations of the city, the character thereof,
when the same are payable and the rate of interest on each.
Sec. 68. Treasurer and deputy treasurer.—The treasurer may
appoint, to hold office during his pleasure, a deputy and such
other subordinates as may be prescribed by the board of esti-
mate and apportionment. In case of the absence or disability
of the treasurer, or of a vacancy in the office, the deputy shall
discharge the duties of the office until the treasurer returns, his
disability ceases or the vacancy is filled. The treasurer and
deputy treasurer, before entering upon the discharge of the
duties of their respective offices, shall each execute and file with
the city clerk, an official undertaking in such penal sum as
may be prescribed by the common council. Such undertaking,
when approved as provided by law, shall have the same force
and effect, and shall be filed and recorded in the office of the
county clerk of the county in which the city is located in the
same manner as is required in the case of an undertaking of a
town collector.
Sec. 69. Duties of treasurer. —The treasurer shall demand,
collect, receive and have the care and custody of and shall dis-
burse all moneys belonging to or due the city from every source,
except as otherwise provided by law. All moneys of the city
received by the treasurer shall be deposited by him daily in
such banks or trust companies as shall be designated by the
board of estimate and apportionment for such purpose. The
interest on all deposits shall be the property of the city and
shall be accounted for and credited to the appropriate fund. No
money shall be drawn from a city depository except on checks
or drafts signed by the treasurer and countersigned by the
comptroller and made payable to the person entitled to receive
the same, unless such moneys be drawn for public use in the
treasurer's office, in which case the checks or drafts shall be
made payable to the order of the treasurer. The treasurer shall
keep a separate account with every department and with each
improvement for which funds are appropriated or raised by tax
or assessment, and in every check or draft drawn by him he
shall state particularly against which of such funds it is drawn,
unless the money is drawn for use in his office. He shall at
24.

no time permit any fund to be overdrawn, nor draw upon one
fund to pay a claim chargeable to another. No money shall
be paid out by him except upon the warrant of the comptroller.
He shall render to the comptroller at the end of each day's
business a detailed statement of all moneys received and paid
out by him. He shall perform such other duties, as may from
time to time be prescribed by law, or by ordinance of the com-
mon council, not inconsistent with the provisions of this act, or
the laws of the state.
Sec. 70. Deposits and accounts. —All moneys deposited by the
treasurer, as provided herein, shall be placed to the credit of
the city. The treasurer shall keep bank books in which shall
be entered his accounts or deposits in, and moneys drawn from,
the banks or trust companies in which such deposits shall be
made. He shall exhibit such books to the comptroller for his
inspection at least once each month, and oftener if required.
The banks or trust companies in which such deposits are made,
shall respectively transmit to the comptroller monthly state-
ments of the moneys which shall have been received and paid
out by them on account of the city.
Sec. 71. Board of estimate and apportionment.—There shall be
a board of estimate and apportionment, which shall consist of
the mayor, comptroller, corporation counsel, president of the
common council, and the city engineer, except that when the
number of subordinates, or the salaries thereof, in the depart-
ment of any of the members of the said board are to be fixed
and determined, the treasurer shall temporarily take the place
of the member whose number of subordinates, or the salaries
thereof, is under consideration, for the purpose of fixing such
salaries or number of subordinates, and for that purpose alone.
The members of the board shall meet upon the call of the
mayor or as directed by the board. The mayor shall be presi-
dent of the board and the city clerk shall act as secretary
thereof. The secretary shall keep a journal of all of the pro-
ceedings of the board.
Sec. 72. Sinking fund. —Unless under special laws governing
the city at the time this act takes effect provision is made for
the creation or maintenance of a sinking fund or funds for any
purpose, thirty per centum of all moneys or revenues received
by the city or by any officer, board or department thereof, from
any source other than taxes or loans shall, upon the receipt
of the same, be forthwith deposited in a separate account or
accounts in one or more of the designated fiscal depositories of
the city to the credit of the bonded indebtedness of the city, and
said deposit shall be known as the sinking fund. The sinking
fund shall be used exclusively for the payment of the principal
25.
Sec. 73.
of the bonded indebtedness of the city, other than revenue or
assessment bonds, as it matures. If, under the special laws
governing the city at the time this act takes effect, provision is
made for the creation or maintenance of a sinking fund or
funds for any purpose, such sinking fund or funds shall con-
tinue and be maintained as provided in such laws.
Fiscal year; departmental estimates. The fiscal year
of the city shall commence on the first day of January. On or
before the first day of November in each year all heads of de-
partments and officers empowered by law or by city ordinance
to control or authorize expenditures shall furnish to the mayor
estimates in writing of the amount of expenditures for the next
fiscal year in their respective departments or offices, including a
statement of the salaries of all their subordinates, which esti-
mates the mayor shall lay before the board of estimate and
apportionment at its first meeting thereafter, and the same shall
be entered in its minutes.
Sec. 74. Determination of positions and salaries. —The board of
estimate and apportionment, except as otherwise provided by
law, shall have authority to fix the salaries or compensation,
and determine the positions and numbers of all city officers and
employees, of each office, board and department, but the salary
or compensation of every officer and employee shall be thus
fixed before his election or appointment, except in the first
instance after the city shall have become a city of the second
class and subject to the provisions of this act.
Sec. 75. Annual estimate. —Within sixty days after the com-
mencement of each fiscal year, the board of estimate and appor-
tionment shall make an itemized statement, in writing, of the
estimated revenues and expenditures of the city for the fiscal
year, which shall be known as its annual estimate, provided,
however, that if in the city the taxes for state, county and city
purposes are included in one levy, the common council may, by
ordinance, direct that the said estimate be made within sixty
days prior to the commencement of such fiscal year. The
estimate of revenues shall contain an estimate of the probable
revenues which, in the judgment of the board of estimate and
apportionment, will be received by the city during the fiscal
year, less the amount required to be deposited to the credit of
the sinking fund, if any; a statement of the amount of the
sinking fund which, in the judgment of the board of estimate
and apportionment, is available and should be applied to the
payment of the principal of any bonded indebtedness of the
city falling due during the said fiscal year; and a statement of
all unexpended balances or estimated unexpended balances of
the previous fiscal year remaining to the credit of the city, or

26.

of any office, board or department thereof. The estimate of
expenditures shall contain an estimate of the several amounts
of money which the board of estimate and apportionment deems
necessary to provide for the expenses of conducting the busi-
ness of the city in each board, department and office thereof
and for the various purposes contemplated by this act and
otherwise by law for the said fiscal year; to pay the principal
and interest of any bonded or other indebtedness of the city
falling due during the said fiscal year; and the amount of any
judgments recovered against the city and payable during the
said fiscal year. After said annual estimate shall have been
completed, the board of estimate and apportionment shall
submit the same in final form to the common council with a
statement, in writing, of such reasons for such estimate as it
may deem proper. The common council shall as soon there-
after as may be possible, convene and consider the said esti-
mate. It shall give a public hearing to such persons as wish
to be heard in reference thereto. After such hearing, and,
within thirty days after such estimate shall have been submitted
to it, the common council shall adopt such estimate so sub-
mitted or shall diminish or reject any items therein contained,
and adopt said estimate as so amended. The common council
shall not have the power to diminish or reject any item which
elates to salaries, the indebtedness or estimated revenues, or
the sums directed by the board of supervisors of the county
within which the city is situated to be levied within the city
for state and county purposes, or the suns lawfully payable
within said fiscal year upon judgments; nor shall the common
council increase any item, for any purpose contained in said
estimate.
Sec. 76. Annual appropriations. -When the common council
shall have adopted the final estimate of the board of estimate
and apportionment or said estimate as amended by it, the same
shall be entered at large in its minutes and become a part of
its proceedings. The several sums estimated for expenditures
therein shall be and become appropriated in the amounts and
for the several departments, offices and purposes as therein
specified for the said fiscal year.
The several sums therein
enumerated as estimated revenues and the moneys necessary
to be raised by tax in addition thereto to pay
the
expenses of
conducting the business of the city and for the purposes con-
templated by this act and otherwise by law, shall be and become
applicable in the amounts therein named for the purposes of
meeting said appropriations. In case the revenues received by
the city exceed the amount of such estimated revenues named in
said annual estimate, or in case there remain any unexpected*
*So in original.
27.

balances of appropriations made for the support of the city gov-
ernment or for any other purpose, then such surplus revenues or
such unexpended balances shall, except as otherwise provided
by law, remain upon deposit and be included as a part of the
estimated revenues for the succeeding year. When any moneys
or revenues are received by any officer, board or department
of the city, from any source other than by municipal tax, which
are not otherwise appropriated, such moneys or revenues may
be used and applied toward and in addition to the funds appro-
priated, as aforesaid, in such manner as in the judgment of the
board of estimate and apportionment may be most beneficial
to the city.
Sec. 77. Tax budget. —The amount of estimated expendi-
tures contained in the annual estimate adopted by the common
council, less the amount of estimated revenues applicable to
the payment thereof and the amount of all judgments payable
prior to the tax levy, shall constitute the tax budget. The
common council shall levy and cause to be raised by tax the
amount of said budget, and the amount shall be levied, assessed
and raised by tax upon the real and personal property liable
to taxation in the city at the time and in the manner provided
by law.
Sec. 78. Temporary loans. In the interval between the be-
ginning of the fiscal year and the adoption of the annual esti-
mate the city shall have the power to borrow money to the
extent required to pay fixed salaries, the principal and interest
on bonded or funded debts or other loans, the stated compensa-
tion of officers and employees and indebtedness for work per-
formed or materials furnished under contract with the board of
contract and supply. After the adoption of said annual esti-
mate it shall have the power to borrow money for the payment
of the debts and expenses of the city, within the amounts
appropriated therefor for the fiscal year, in anticipation of the
receipt of the said taxes and revenues applicable to such pur-
poses. The common council may provide for the issue of
certificates of indebtedness or revenue bonds, to be signed by
the mayor and treasurer and countersigned by the comptroller,
for such purposes. Such certificates or bonds shall be paid out
of the moneys received on account of taxes and revenues ap-
plicable to such purposes.
Sec. 79. Contracts and expenditures prohibited. —No officer,
board, or department shall, during any fiscal year, expend or
contract to be expended any money or incur any liability, or
enter into any contract which, by its terms, involves the ex-
penditure of
any of the purposes for which provision
is made in the annual estimate in excess of the amounts appro-
money for
28.

priated in said estimate, as adopted by the common council,
for such officer, board, department or purpose, for such fiscal
year. Any contract, verbal or written, made in violation of
this section shall be null and void as to the city, and no moneys
belonging to the city shall be paid thereon, provided however,
that nothing herein contained shall prevent the making of con-
tracts for light or water, for periods exceeding one year. Noth-
ing herein contained, however, shall be held to prohibit the
commissioner of public safety from expending such sums or
incurring such debts, as may be actually necessary to preverit
the spread of, or to suppress any contagious or infectious
disease, or any epidemic in the city, in addition to the amount
appropriated for such purpose.
Sec. 80. Penalties for violation of preceding section.—Any offi-
cer or member of any board or department of the city, making
or voting for any contract prohibited by the preceding section,
or auditing any account or claim under any such contract, shall
be deemed guilty of a misdemeanor.
ARTICLE VI.
DEPARTMENT OF PUBLIC WORKS.
Section 90. Commissioner and deputy commissioner of public
works.
91. Powers and duties of commissioner.
92. Repair of sidewalks; removal of snow and ice.
93. Performance of public work to be certified.
94. Water works.
95. Collection of water rents.
96. Superintendent of parks.
97. City engineer.
98. Duties of city engineer.
99. Alteration of grades and names of streets.
100. Apportionment of city's expense of improvements.
101. Discontinuance of streets.
102. Streets deemed abandoned.
103. Streets by prescription.
104. Acquisition of lands.
Section 90. Commissioner and deputy commissioner of public
works.—The commissioner of public works shall be the head of
the department of public works. He shall appoint, to hold
office during his pleasure, a deputy and such other subordinates
aś may be prescribed by the board of estimate and apportion-
ment. In case of the absence or disability of the commissioner
or of a vacancy in the office, the deputy commissioner shall
discharge the duties of the office until the commissioner returns,
29.

Sec. 91.
his disability ceases or the vacancy is filled. The commissioner
and deputy commissioner before entering upon the discharge
of the duties of their respective offices shall execute and file
with the city clerk an official undertaking in such penal sum as
may be prescribed by the common council.
Powers and duties of commissioner.--The commis-
sioner, subject to the provisions of law and ordinances of the
common council, has cognizance, direction and control of the
-construction, maintenance, alteration, repair, care, cleaning,
paving, flagging, lighting and improving of the streets, high-
ways, sidewalks and public places of the city; of the construc-
tion, alteration and repair of all city buildings and of all docks
and bridges belonging to the city; of all public sewers and
drains in the city; of the construction, maintenance, extension,
repair and care of the city water works; of the care, superin-
tendence and management and improvement of all parks and
grounds, public baths and recreation piers belonging to the city.
Except as otherwise provided by law, the commissioner shall
have supervision of, control over and jurisdiction and authority
to make all ordinary repairs or improvements upon the streets,
parks, sidewalks, crosswalks, gutters, vaults, drains, culverts,
bridges and public ways and places of the city, including the
cleaning of the same, and may employ such laborers and teams
and incur such expenditures as may be necessary within the
limits of the appropriations made therefor. It shall be his duty
to inspect the same with sufficient frequency to ascertain their
condition and cause the same to be kept free from obstructions
and in good condition and repair and reasonably safe for public
use. The commissioner shall also have general supervision and
control of all work performed under any contract of the city
for local or other improvements to be performed within or upon
any of the public streets, parks, ways and places, or with refer-
ence to the public works and ways within the jurisriction of his
department, including the lighting, sprinkling, watering or
flushing of the streets or public places, and shall cause the same
to be performed in full compliance with the provisions of any
contract therefor. Except as otherwise provided by law or
ordinance of the common council, the commissioner of public
works, has, over the streets and public places within the city,
all the jurisdiction and is charged with all the duties of com-
missioners of highways within the towns of the state.
Sec. 92. Repair of sidewalks; removal of snow and ice. —The
commissioner of public works shall have full power and au-
thority to require the owner of property abutting upon a street
to repair any sidewalk in front thereof or bring the same to
true grade, and to remove the snow and ice therefrom. Where

30.

the owner of such property shall fail or neglect to repair any
sidewalk or bring the same to true grade for five days after
written notice so to do has been served on him, either person-
ally or by delivering the same at his residence, or if he be a non-
resident by mailing the same to him at his last known place of
residence, or if the name of the owner or his place of residence
cannot be ascertained after due diligence, by posting the same
in a conspicuous place upon the premises; or where the owner
of any such premises shall fail or neglect to remove snow and
ice from any such sidewalk after the same has remained there-
on for more than twelve hours, and the commissioner shall
have repaired such sidewalk or brought the same to grade or
removed the ice or snow therefrom, a bill for the expenses
incurred thereby shall be presented to the owner personally or
by leaving the same at his residence or, if he be a nonresident,
by mailing the same to him at his last known place of resi-
dence, or, if the name of such owner or his place of residence
cannot be ascertained after due diligence, by posting the same
in a conspicuous place on the premises; and, if he shall fail to
pay the same within ten days thereafter, the commissioner shall
file each year immediately preceding the time for making the
annual assessment-roll his certificate. of the actual cost of the
work, together with a statement as to the property in front of
which the repairing or grading or cleaning was done, with the
assessors of the city, who shall, in the preparation of tlıe next
assessment-roll of general city taxes, assess such amount upon
such property, and the same shall be levied, corrected, en-
forced and collected in the same manner, by the same proceed-
ing's, at the same time, under the same penalties and naving
the same lien upon the property assessed as the general city
tax and as a part thereof.
Sec. 93. Performance of public work to be certified. ---All pub-
lic work performed pursuant to contract under the supervision
or control of the commissioner shall, before it is accepted, be
certified to by him to the effect that such work has been per-
formed in a good and substantial manner with the materials
required, of the quality and in the manner directed by the terms
of the contract under which the same was done. Within ten
days after the completion of any such work the commissioner
shall file a certificate of such completion with the comptroller
and with the city clerk, to be reported by him to the common
council. Such certificate shall state in substance that said
work has been duly examined by the commissioner and that the
same has been fully performed and completed in accordance
with the terms of the contract therefor.
Sec. 94. Water works. —In case the city owns and operates a
31.

system of municipal water works, the commissioner of public
works shall appoint, to hold office during his pleasure, a super-
intendent of water works, who shall have, under the direction
of the commissioner, the supervision, care, management, and
control of the water department and waterworks system of the
city. It shall be the duty of the commissioner of public works
to see that the city has an abundant supply of pure and whole-
some water for public and private use; to devise plans and
sources of water supply; to plan and supervise the construction,
maintenance and extension of the water system and the dis-
tribution of water throughout the city; to protect it from con-
tamination; to prescribe rules and regulations for its use, which,
when ratified and approved by the common council, shall have
the same force and effect as city ordinances. He shall have
power, with the assent of the board of estimate and apportion-
ment, to establish rates of rents to be charged and paid an-
nually for the supply of water or for the benefits resulting there-
from, to be called water rents, which shall be apportioned to
the different classes of buildings in the city in reference to
their dimensions and the ordinary uses of water for the same;
and to different lots, as may be practicable, and from time to
time to modify and amend, increase or diminish such rates and
to extend them to other descriptions of buildings, lots, estab-
lishments and uses. He shall also have power, with like as-
sent, to establish rates for the use of water in buildings, estab-
lishments, trades and other purposes in or for which water is
consumed beyond the quantity required for ordinary purposes,
and may require the same paid to him in advance, at the rates
thus established, before permission to use such extra quantity
of water shall be given.
Sec. 95. Collection of water rents. —All water rents shall be
collected from the owners of the lots and buildings which shall
be situated upon any street or avenue upon which the distrib-
uting pipes are now or may hereafter be laid, and from which
such lots and buildings can be supplied with water. Water
rents, together with the amounts due and unpaid for the intro-
duction and measurement of the supply of water, shall be, like
other taxes of the city, a lien upon the lots and buildings against
which the same are chargeable. It shall be the duty of the
commissioner each year, immediately preceding the time for the
making of the annual assessment roll, to make out a list or roll
of each ward or assessment district of the city, in which he
shall set out the amount of water rents accrued or chargeable
upon each lot, part of lot or building, and which shall not have
been paid to him, and file the same with the assessors of the
city, who shall in the preparation of the next assessment rolls
32.

for general city taxes, in a separate column thereof, assess such
amount upon such property, and hearings shall be had thereon
and the same shall be levied, corrected, enforced and collected
in the same manner, by the same proceedings, at the same time,
under the same penalties, and having the same lien upon the
property assessed as the general city tax and as a part thereof.
Sec. 96. Superintendent of parks.—Unless otherwise provided
by law, the commissioner of public works shall appoint, to hold
office during his pleasure, a superintendent of parks, who shall
have, under the direction of the commissioner, the supervision,
care, management and control of all the parks of the city and
of such portions of the streets as pass through or intersect the
same, and of the shade trees of the city. Subject to the direc-
tion of the commissioner and to the ordinances of the common
council, he shall prescribe the powers and duties of his subor-
dinates and shall, except as otherwise provided by law, super-
intend the expenditure of all moneys appropriated for park
purposes. He shall keep an account of such expenditures and
shall approve all claims against the city on account thereof be-
fore submission to the comptroller for audit. The superintend-
ent, under the direction of the commissioner, may make all or-
dinary repairs and improvements upon the parks and such in-
tersecting streets, may employ all laborers needed thereon, and
fix their wages, subject to the approval of the commissioner and
the board of estimate and apportionment. Except as other-
wise provided by law, he shall conduct, with the aid of the cor-
poration counsel, all negotiations and proceedings for the ac-
quisition of lands for park purposes, when the same shall have
been authorized by ordinance of the common council and ap-
proved by the board of estimate and apportionment. He shall
make such rules and regulations, not inconsistent with the or-
dinances of the common council and laws of the state, as he
shall deem proper for the government, management and care
of the parks and of the streets in and through the same, and
of such other streets, being approaches thereto, as may be des-
ignated by ordinance of the common council as parkways, and
such rules and regulations, when approved by the common
council, shall have the force and effect of city ordinances. The
superintendent shall have such other powers and be charged
with such other duties, not inconsistent with the provisions of
this act and the laws of the state, as the commissioner may di-
rect, or as the common council by ordinance may define and
prescribe.
Sec. 97. City engineer.—No person shall be eligible to ap-
pointment as city engineer unless he be a civil engineer of at
least five years practical experience in his profession. He shall
33.

appoint, to hold office during his pleasure, a deputy and such
other subordinates as may be prescribed by the board of esti-
mate and apportionment.
Sec. 98. Duties of city engineer. —It shall be the duty of the
city engineer to perform all the ordinary engineering and sur-
veying services in the affairs and business of the city and to
supervise, under the general direction of the commissioner of
public works, all the work done for the city in which the skill
of his profession may be required or useful. He shall, under
the direction of the commissioner of public works and the or-
clinances of the common council, act as the superintendent of
public buildings, bridges, docks and wharves. He shall per-
form such other duties as may be prescribed by the commis-
sioner of public works or by ordinance of the common council.
He shall devote his time exclusively to the service of the city.
Sec. 99. Alteration of grades and names of streets. —The com-
mon council shall not change the grade of any street which has
been legally established, except by ordinance of the common
council, and except also upon compensation for damages done,
to be ascertained in and by the proceedings provided by law
for ascertaining damages for lands taken for the opening of
streets. The common council shall not alter the name of any
street except by ordinance and unless a majority of the owners
of property abutting on such street shall petition therefor, in
which case a majority vote shall be sufficient.
Sec. 100.
Apportionment of city's expense of improvements.
The common council may, by ordinance approved by the board
of estimate and apportionment, fix and determine the amount
and proportion of the expense which shall be borne by the city
at large for opening, altering, grading, curbing or paving a
street, or for constructing therein a public sewer which is not
less than two feet in diameter. The amount and proportion
of the expense of such improvements which shall be borne by
the city at large shall be included in the budget and raised by
tax the same as other general city charges, or may be borrowed
and raised by the city by the issue of bonds in accordance with
the provisions of this act, as shall be determined by the board
of estimate and apportionment. An amount sufficient to pay
any such bonds, when due, together with the accrued interest
thereon, shall be included in the tax budget and raised by tax
the same as other general city charges and such bonds as they
mature, together with the interest thereon, shall be paid out of
the moneys so raised by tax. The proportion of the expense
which is not borne by the city shall be assessed and charged
upon the property affected by such improvement in the form
and manner provided by law.

34.

Sec. 101. Discontinuance of streets. -Whenever the common
council shall contemplate the discontinuance of any street, it
shall cause a notice to be published for ten days in the official
newspaper or newspapers of the city of its intention so to do,
and that all persons interested may be heard in reference thereto
at a time stated in such notice. If it shall be determined to dis-
continue the street and any person shall claim to be damaged
by such discontinuance, such alleged damages, unless agreed
to by the commissioner of public works and approved by the
board of estimate and apportionment, much be ascertained and
determined in the manner provided by law for ascertaining
damages for lands taken for the opening of streets.
An or-
dinance discontinuing any street shall require the affirmative
vote of three-fourths of all the members of the common coun-
cil.
Sec. 102. Streets deemed abandoned.--Every street that shall
not have been used by the public as a street for six years, and
every street that shall not have been opened and worked within
six years from the time it shall have been dedicated to the use
of the public or laid out as a street shall cease to be a street;
but the period during which any action or proceeding shall
have been or shall be pending in regard to any such street shall
form no part of such six years.
Sec. 103. Streets by prescription.—All lands which shall have
been used by the public as a street for twenty years or more
continuously shall be a street with the same force and effect as
if it had been duly laid out and recorded as such.
Sec. 104. Acquisition of lands.—When ever any real estate or
interest therein shall be required for any municipal purpose,
except as otherwise provided by law, the commissioner of pub-
lic works may acquire for the city the necessary land and real
estate by gift or by purchase, at a price approved by the board
of estimate and apportionment, or by the proceedings specified
in the condemnation law, or in the case of property required
for street purposes, by the proceedings provided by law for
acquiring and ascertaining damages for property taken for
purposes of street openings.
ARTICLE VII.
DEPARTMENT OF CONTRACT AND SUPPLY.
Section 120. Board of contract and supply.
121. Proposals.
122. Contracts for lighting.
123. Commissioner of supplies.
124. Contracts for paving:
125. Power to purchase and contract limited.
35.
Section 120. Board of contract and supply.There shall be
a board of contract and supply composed of the mayor, comp-
troller, commissioner of public works, corporation counsel and
city engineer. Except as otherwise provided by law, it shaii
be the duty of such board, after public notice and in accordance
with regulations to be prescribed by general ordinance of the
common council, to let to the lowest bidder, who will give ade-
quate security therefor, all contracts for the performance of
any work or for the supply of any material required by or for
the use of any officer, board, body or department of the city, in
all cases where the expense of such work or materials, or both,
shall exceed the sum of two hundred and fifty dollars, unless
by ordinance of the common council unanimously adopted and
unamimously approved by the board of estimate and apportion-
ment, it is determined to be impracticable to procure such
work or materials or both by contract, in which case, said or-
dinance shall designate the officer, board or department to pro-
cure such work or purchase such materials. In case of public
emergency involving accident or other injury by which the
heating or plumbing of any of the public buildings or any of
the fire or water-works apparatus shall become disabled, the
commissioner having jurisdiction thereof shall cause repairs
thereto to be made without a letting by contract, upon filing
with the board of contract and supply a certificate, approved by
the mayor, showing such emergency and the necessity for such
repairs. The board shall have power to reject all bids or pro-
posals if in its opinion the lowest bid or proposal is excessive.
The said notice shall describe the work and materials for which
contracts will be let and the day and hour and place of the
meeting of the board at which proposals therefor will be
opened. Specifications for the performance of any work and
for the supply of any materials shall be prepared and set forth
with sufficient detail to inform all persons proposing to bid
therefor of the nature of the work to be done and of the mate-
rials to be supplied, and written or printed copies thereof shall
be delivered to all applicants therefor. Every contract for a
public improvement shall be based upon an estimate of the
whole cost thereof, including all expenses incidental thereto
and connected therewith, to be furnished by the proper officer,
board or department having charge of such improvements. No
bid or proposal shall be received or contract awarded, other
than for a local improvement or work to be performed by the
city, which involves the construction or maintenance of any
structure, erection, obstruction or excavation within, under,
over, along or upon any street or public place within the city,
unless the person to whom such contract shall be awarded
shall have a franchise permitting the same.


Sec. 121. Proposals. —No contract shall be let, except after
the receipt of sealed bids or proposals therefor, and no bid or
proposals shall be received at any time other than at å regular
meeting of said board, and unless they conform to the rules of
the board and the general ordinances of the common council.
All bids or proposals much be indorsed with the title of the
work or materials to which they relate, the name of the bidder
and his residence. It shall be the duty of each member of the
board to be present at the time and place mentioned in the pub-
lic notice for the receipt and opening of bids or proposals, and
such meetings shall be open to the public. After all the bids or
proposals have been presented, but not until one-half hour after
the time stated in the public notice for holding the meeting, all
bids or proposals shall be opened by some member of the board
or by its secretary, publicly and in the presence of the bidders
and other persons there present, and an abstract of all of such
bids or proposals, with the prices and security offered, shall be
transcribed in a book kept for that purpose, without any
change, correction or addition whatever. A majority of the
board need not be present when such bids or proposals are
opened. The board may reject all bids or proposals received
at any meeting and advertise again for new bids or proposals
to be received at another meeting as above prescribed. No
person submitting, or on whose behalf a bid or proposal is sub-
mitted, nor the principal or sureties on any bond or security
accompanying the same, shall have the right to withdraw or
cancel any such bid, proposal, or bond until the board shall
have awarded the contract for which such bid or proposal is
made, and such contract shall have been duly executed.
Sec. 122. Contracts for lighting.–All municipal lighting shall
be supplied pursuant to contract therefor, awarded by the board
of contract and supply as herein provided. Such contract shall
cover and include the lighting and supplying of the lamps and
the oil, gas, electric current, the cleaning, repair and renewal
of the lamps and all the materials required in the use and care
thereof. No bid or proposal for any such contract shall be re-
eived, nor contract awarded therefor, unless the bidder shall,
prior to the making of such bid or proposal, have a franchise
under the authority of which the proposed contract can be per-
formed. No contract shall be advertised for or entered into
for a period exceeding five years. Each bidder shall be re-
quired to furnish with each bid or proposal a certified check,
payable to the order of the city treasurer, in such sum as the
board of contract and supplies* shall prescribe, but not less
than ten thousand dollars. Such sum shall be forfeited to and
*So in original.
37.
become the absolute property of the city in case the bidder de-
positing the same shall be awarded the contract and shall not
execute the same and furnish a bond for the faithful perform-
ance of such contract, in the penal sum of not less than fifty
thousand dollars, within thirty days after the award of such
contract. Such certified check shall be returned to the bidder
if the contract be not awarded to him, or, if awarded, he shall
have executed and furnished the contract and required bond.
Sec. 123. Secretary of the board.---The board of contract and
supply shall appoint a secretary to hold office during its pleas-
ure, whose duty it shall be to keep a full journal of all the pro-
ceedings of the board and to perform such additional duties
as may be required by the board, or by law or ordinance of the
common council.
Where any work or repairs needed to be
done, or materials or supplies to be furnished for any office,
court, board or department shall not exceed two hundred and
fifty dollars in cost, the board of contract and supply may by
general or special rule authorize the commissioner of public
works, or the commissioner of public safety, or the secretary
of the board, or any of them, to give written orders therefor
and purchase the same. No materials or supplies shall be pur-
chased for, or delivered by or upon the order of the commis-
sioner to, any officer, board, court, body or department of the
city, except upon the requisition in writing from the officer,
board, body or head of the department for which the same are
required. The commissioner shall require a receipt in writing
from each officer, board, body or head of the department for
all supplies delivered to him or it by the commissioner or on
his order, and he shall approve, in writing, all claims for any
such materials or supplies purchased by him, before the same
shall be presented to the comptroller for audit.
Sec. 124. Contracts for paving.—The common council shall,
by general ordinance, prescribe, approve and adopt the mate-
rials to be used in paving, repaving, repairing, surfacing or re-
surfacing the streets and public places of the city, and fix the
standard of excellence and test required for each such mate-
rial. The city engineer shall prepare standard specifications,
in accordance with such ordinance, for the performance of the
work involved in such improvements with each kind of mate-
rial so prescribed, approved and adopted therefor. Whenever
the common council shall determine to make any such im-
provement, and the proceedings provided by law as preliminary
thereto shall have been taken, the board of contract and supply
shall advertise for proposals for the furnishing of the materials
and the performance of the work involved in such improve-
ments, and specifications shall be prepared and proposals shall

38.

be invited, pursuant to the provisions of this act, for the con-
struction of such improvement with each kind of paving mate-
rial so prescribed, approved and adopted by the common coun-
cil. In case the expense of any such improvement is to be as-
sessed upon the property abutting upon the street, or part
thereof, to be improved and more than one kind of materiai is
prescribed, approved or adopted therefor, the secretary of the
board shall, within one week after proposals for such work have
been received and opened, cause to be published in a daily of-
ficial paper for four successive days (exlusive of Sunday) a
notice containing a summary statement of all such proposals.
A majority of said property owners, owning not less than one-
third of the feet front of property abutting on such street, ex-
clusive of city property, may present to the board of contract
and supply a petition or other writing designating the general
kind of pavement or material to be used in making said im
provement. If no part of the expense of such improvement is
to be assessed upon the property abutting upon said street, or if
such expense is to be so assessed, but the property owners shall
not have made a designation or shall have made more than
one designation, as herein provided, the common council shall,
not later than at its next regular meeting after the expiration
of ten days from the service of such notice, designate the kind
of pavement or material to be used in making such improve-
ment, and the contract for such improvement shall be awarded
for the kind of pavement or material so designated by the prop-
erty owners or common council as aforesaid, and to the lowest
bidder for doing the work with the kind of pavement or mate-
rial so designated. In case, however, two-thirds of the owners
of property, owning at least three-fifths of the linear feet front-
ing upon said street, or part thereof, shall designate a particu-
lar make, style or brand of the kind of pavement or material to
be used in making such improvement, the contract therefor
shall be awarded to the lowest bidder for such make, style or
brand of such kind of pavement or material, although the same
is not the lowest bid for such kind of pavement or material so
designated.
Sec. 125. Power to purchase and contract limited.—No person
shall have power to make any purchase or contract any debt
for which the city shall be liable unless specifically authorized
by the provisions of this act.
ARTICLE VIII.
DEPARTMENT OF PUBLIC SAFETY.
Section 130. Commissioner of public safety; appointees.
131. Duties of commissioner.
39.

132. Deputy commissioner.
133. Rules, orders and regulations.
134. Constitution of police and fire department.
135. Membership.
136. Terms of office.
137. Discipline.
138. Appeal from determination of commissioner.
139. Exemptions.
140. Pension funds.
141. Chief of Police.
142. Powers and duties of members of police depart-
ment.
143. Service of process.
144. Political activity prohibited.
145. Department of health.
146. Health officers.
147. Deputy health officer.
148. Appeals from orders of health officer.
149. Inspection of public buildings.
150. Approval of plans for sewers and drains.
151. Health physicians.
152. Actions to restrain nuisances.
153. Duty in case of peril to public health.
154. Public health law applicable.
Section 130. Commissioner of public safety; appointees.—The
commissioner of public safety shall be the head of the depart-
ment of public safety. He may appoint, to hold office during
his pleasure, a deputy and a health officer. Whenever a vacancy
occurs in the office of the chief of police or chief of the fire
department, the commissioner of public safety shall appoint,
in his discretion, a person deemed by him to be suitable and
competent to fill the same. The chief of police and chief of the
fire department shall each hold office during good behavior, or
until permanently incapacitated or unfit to discharge his duties.
The commissioner may appoint such other subordinates as may
be prescribed by the board of estimate and apportionment to
hold office, except as otherwise provided by law, during his
pleasure. In case of the absence or disability of the commis-
sioner or a vacancy in the office, the deputy shall discharge the
duties of the office until the commissioner returns, his disability
ceases or the vacancy is filled. Before entering upon the dis-
charge of the duties of their respective offices, the commis-
sioner, deputy, health officer, chief of police and chief of the
fire department shall each execute and file with the city clerk
an official undertaking in such penal sum as may be prescribed
by the common council.
40.

Sec. 131. Duties of commissioner.—The commissioner of pub-
lic safety shall have cognizance, jurisdiction, supervision and
control of the government, administration, disposition and dis-
cipline of the police department, fire department and health de-
partment, and of the officers and members of said departments,
and shall possess and exercise fully and exclusively all powers
and perform all duties pertaining to the government, mainte-
nance and direction of said departments, and the apparatus and
property thereof and buildings furnished therefor, and shall
' have the general direction and supervision of the expenditures
of all moneys appropriated to said departments. He shall pos-
sess such other powers and perform such other duties as may
be prescribed by law or by ordinance of the common council.
Sec. 132. Deputy commissioner.—The deputy commissioner
shall have authority to administer oaths and take evidence, affi-
davits and acknowledgments in all matters and proceedings
pertaining to the department. He shall have general supervis-
ion over the records of the department and its officers and shall
perform such other duties as may be prescribed by the com-
missioner or by law or by ordinance of the common council.
Sec. 133. Rules, orders and regulations. The commissioner of
public safety shall make, adopt and enforce such reasonable
rules, orders and regulations, not inconsistent with law, as may
be reasonably necessary to effect a prompt and efficient exer-
cise of all the powers conferred and the performance of all
duties imposed by law upon him or the department under his
jurisdiction. He is authorized and empowered to make, adopt,
promulgate and enforce reasonable rules, orders and regula-
tions for the government, discipline, administration and dispo-
sition of the officers and members of the police and fire depart-
ment, and for the hearing, examination, investigation, trial and
determination of charges made or prepared against any officer
or member of said departments for neglect of official duty or
incompetency or incapacity to perform his official duties or
some delinquency seriously affecting his general character or
fitness for the office, and may, in his discretion, punish any such
officer or member found guilty thereof by reprimand, forfeiting
and withholding pay for a specified time, suspension during a
fixed period or dismissal from office; but no officer or member
of said departments shall be removed or otherwise punished for
any other cause, nor until specific charges in writing, have been
preferred against and served upon him, and he shall have been
found guilty thereof, after reasonable notice and upon due trial
before said commissioner in the form and manner prescribed
by law and the rules and regulations of the department.
Sec. 134. Constitution of police and fire departments. —The po-
41.

lice and fire departments shall, as to their membership and com-
ponent parts, remain as now constituted until the same shall be
changed by action of the common council. The common coun-
cil has power at all times by ordinance to determine the number
of officers and members of each of said departments and the
classes and grades into which they shall be divided, except that
it shall not have the power to diminish the number of the mem-
bers of either of said departments as now fixed. The number
of officers or members of either of said departments shall not
be increased without the approval of the board of estimate and
apportionment. The common council may pass ordinances not
inconsistent with law for the government of the police and fire
departments, and regulating the powers and duties of their of-
ficers and members. The commissioner shall appoint, as vacan-
cies in said department occur, all officers and members thereof,
and classify and apportion them into grades to conform to such
ordinances.
Sec. 135. Membership. —No person shall be appointed to
membership in the police, or fire departments of the city, or
continue to hold membership therein, who is not a citizen of
good moral character, who has ever been convicted of a felony,
who cannot understandingly read and write the English lan-
guage, and who shall not have resided in the city during the
two years next preceding his appointment. The commissioner
shall make all appointments, promotions and changes of status
of the officers and members of the police and fire departments
in accordance with the provisions of the civil service law of the
state, except as otherwise provided herein. In making promo-
tions, seniority and meritorious service in the department, as
well as superior capacity, as shown by competitive examination,
shall be taken into account. Individual acts of bravery may
be treated as acts of meritorious service, and the relative
weight therefor shall be fixed by the municipal civil service
commission. No member of the police or fire departments shall
hold any other office nor be employed in any other department
of the city government.
Sec. 136. Terms of office.—All members of the police and fire
departments, subject to the power of removal hereinafter spec-
ified, shall hold their respective offices during good behavior or
until by age or disease they shall become permanently incapaci-
tated to discharge their duties.
Sec. 137. Discipline.—If a charge may be made by any per-
son against any officer or member of the police or fire depart-
ments that he has been negligent or derelict in the performance
of his official duties, or is incompetent or without capacity to
perform the same or is guilty of some delinquency seriously
42.

any officer
affecting his general character or fitness for the office, the
charge must be in writing, in the form prescribed by the rules
and regulations of the commissioner of public safety, and a
copy thereof must be served upon the accused officer or mem-
ber. The commissioner shall then proceed to hear, try and de-
termine the charge. The accused shall have the right to be
present at his trial and to be heard in person and by counsel and
to give and furnish evidence in his defense. All trials shall be
open to the public. The commissioner has power to issue sub
poenas, in his name, to compel the attendance of witnesses upon
any proceeding authorized by the rules and regulations of the
department, and any person served with a subpoena is bound
to attend in obedience to the command thereof; and the com-
missioner may compel the attendance of witnesses and compel
them to testify in the same manner as in the case of
or board authorized by law to issue subpoenas and take testi-
mony. If the accused shall be found guilty of the charge made
against him, the commissioner may punish him by reprimand.
by forfeiting and withholding pay for a specified time, by sus-
pension without pay during a fixed period or by dismissal from
office. The decision of the commissioner shall be final and con-
clusive and not subject to review by any court except upon
questions of jurisdiction.
Sec. 138. Appeal from determination of commissioner. —In case
any such officer or member is aggrieved by the determination
of the commissioner on any trial of charges, as specified in the
preceding section, on jurisdictional grounds he may, within
thirty days after the rendering of such determination, take an
appeal therefrom to the supreme court, at any special term
thereof, held within the judicial district in which the city is
situated. Upon such appeal the decision of the court shall be:
final and conclusive. An appeal taken, as prescribed herein,
shall be perfected by the service of a notice of appeal upon the
commissioner. He shall, within ten days thereafter, make and
file with the county clerk of the county in which the city is sit-
uated a complete return of the proceedings on such trial, for
the use of the parties and the court on such appeal.
Sec. 139. Exemptions. —No member of the police or fire de-
partment shall be liable to military or jury duty or to arrest on
criminal or civil process while on duty.
Sec. 140. Pension funds.—The provisions of law governing
the establishment and maintenance of pension funds for the
benefit of members of the police and fire departments shall be
unimpaired by this act. The mayor, comptroller and commis-
sioner of public safety and their successors in office shall con-
43.

stitute the trustees of each such fund and shall have the care,
control, management and distribution thereof.
Sec. 141. Chief of police.-—The chief of police shall have the
power and it shall be his duty to enforce all rules and regula-
tions of the commissioner of public safety relating to the police
department; to commit any person charged with a criminal of-
fense until an examination shall be had before the proper mag-
istrate; to administer oaths and take affidavits in respect to all
matters pertaining to his official duties, and to perform such
other duties as may be prescribed by law, the commissioner of
public safety, or ordinance of the common council.
Sec. 142. Powers and duties of members of police department. -
The members of the police department, other than surgeons,
in criminal matters have all the powers of peace officers under
the general laws of the state, and they shall also have the
power and it shall be their duty to arrest any person found by
them violating any of the penal ordinances of the city or laws
of the state, and to take such person before the proper city mag-
istrate. Such person shall be dealt with in the same manner
as if he had been arrested upon a warrant theretofore duly is-
sued by such magistrate. They shall report violations of law
and ordinances coming to their knowledge in any way under
regulations to be prescribed by the commissioner of public
safety. They shall also have, in every other part of the state,
in criminal matters all the powers of constables and any war-
rant for search or arrest issued by any magistrate of the state
may be executed by them in any part of the state according to
the tenor thereof without indorsement. They shall possess
such other powers and perform such other duties as may be
provided by law or-ordinance of the common council.
Sec. 143. Service of process.-All criminal process for any
offense committed within the city, and all process to recover or
to enforce any penalty for the violation of any city ordinance
issued out of any court or by any magistrate within the city,
and every process, subpoena or bench warrant issued by the
district attorney of the county, in which the city is situated, re-
lating to any offense committed within the city, and every pro-
cess, subpoena or warrant issued by any coroner of such county
in any inquest held in the city relative to the death of any per-
son, may be served by any member of the police department.
Sec. 144. Political activity prohibited.—No officer or member
of the police department shall be a member of or delegate to
any political convention, nor shall he be present at such con-
vention except in the performance of duty relating to his posi-
tion as such officer or member. He shall not solicit any per-
son to vote at any political primary or election, nor challenge,
44.

nor in any manner attempt to influence any voter thereat. He
shall not be a member of any political committee. Any officer
or member violating any provision of this section shall be dis-
missed from office.
Sec. 145. Department of health.—The commissioner of public
safety shall exercise all the powers and be charged with all the
duties conferred upon or required of local boards of health by
the laws of this state, so far as the same pertain to cities, with
the exceptions, limitations and additions herein contained.
Sec. 146. Health officer.—No person shall be eligible to ap-
pointment as health officer unless he shall be a physician and
surgeon duly licensed to practice under the laws of this state,
and who has practiced as such for at least ten years. The
health officer shall possess such powers and perform such duties
as shall be delegated to or prescribed by the commissioner of
public safety or by ordinance of the common council.
Sec. 147. Deputy health officer.—The health officer by the au-
thority and under the direction of the commissioner of public
safety may appoint a deputy, to hold office during his pleasure.
Не
may,
when authorized by the commissioner and subject to
the approval of the board of estimate and apportionment, ap-
point such other assistants and employ such health and sani-
tary experts as may be required to carry into effect the
powers,
decisions, orders and directions vested in said commissioner
and health officer by this act and otherwise by law. The com-
pensation of such deputy, assistants and experts shall be fixed
by the commissioner, subject to the approval of the board of
estimate and apportionment.
Sec. 148. Appeals from orders of health officer.—Any person
aggrieved by an order, decision or direction of the health offi-
cer, may appeal therefrom to the commissioner, who may af-
firm, reverse or modify the order, decision or direction appealed
from. Such appeal must be made by serving on the health of-
ficer a written notice of appeal within two days, Sundays and
legal holidays excepted, or within such further time as shall be
allowed by the commissioner after the appellant receives notice
of the order, decision or direction appealed from. Within two
days after receiving such notice of appeal, Sundays and legal
holidays excepted, the health officer shall make a written re-
turn to the commissioner of the facts and evidence on which
such an order, decision or direction is founded. Upon receipt
of such return, or if no return be made within the time speci-
fied, the commissioner shall forthwith proceed to hear and de-
termine the matter. Upon such appeal the commissioner need
not be confined to the evidence contained in the return but in
his discretion may take additional evidence. Until the decis-
45.

ion of the appeal be made, the order, decision or direction
ap-
pealed from shall be suspended. In case of failure to sustain
the appeal, the commissioner may, in his discretion, impose
eosts not exceeding ten dollars upon the appellant.
Sec. 149. Inspection of public buildings. The health officer
may inspect and advise as to the proper heating, ventilation and
drainage of public buildings under the control of the city or
any of its departments, and in case any such building is in use
or in process of erection without, in the opinion of the health
officer, proper arrangements for heating, ventilation or drain-
age, he shall, subject to the right of appeal herein provided,
stop the use or the erection of such building, direct such ar-
rangements to be made and restrain further work upon the
building until they are made.
Sec. 150. Approval of plans for sewers and drains. —All plans
for sewers and drains shall be submitted to the health officer for
his approval before contracts are let for the construction of the
same, and, in case he shall disapprove the same, such sewer
and drains shall not be constructed unless, on appeal to the
commissioner, he shall approve the same. The health officer
has power, subject to the right of appeal herein provided, to
stop the construction or use of drains and sewers which are
not properly constructed or properly used, or which are not in
accordance with plans previously approved and adopted.
Sec. 151. Health physicians.—The commissioner of public
safety shall divide the city into not more than twelve districts
to be known as health districts, and shall file with the city clerk
a written designation of such districts; and may by like written
designation alter the same from time to time. He shall ap-
point, to hold office during his pleasure, a health physician for
each of such districts who shall perform such duties as the
commissioner may direct or prescribe. Their compensation
shall be fixed by the commissioner, subject to the approval of
the board of estimate and apportionment. The deputy health
officer and health physicians shall render medical services to
indigent sick persons under the direction of the health officer
and of the proper poor officer of the city; but no sick person
shall be maintained at any institution at the expense of the city
unless the overseer of the poor shall certify that such person is
an indigent person and is a proper city charge. This section
shall not be construed as applying to almshouses, hospitals or
other public institutions which are provided with a regularly
appointed medical and surgical staff.
Sec. 152. Actions to restrain nuisances.—The commissioner is
authorized, by and with the advice and consent of the corpora-
tion counsel, in the name of the city, to maintain actions to
46.

restrain the threatened performance of any act contrary to his
orders, directions, decisions or ordinances and to restrain and
abate nuisances; and for the purpose of obtaining a temporary
injunction in any such action no undertaking shall be required.
Sec. 153. Duty in case of peril to public health. In case of
great and imminent peril to the public health of the city, by
reason of impending pestilence, it shall be the duty of the com-
missioner, with the sanction of the common council, if it be
practicable to convene that body for prompt action, or if not,
when approved by the board of estimate and apportionment,
to take such measures, and to do, order, or cause to be done,
such acts, and to make such extraordinary expenditures in ex-
cess of the sum appropriated to the department of health as in
this act provided, for the preservation and protection of the
public health, as he may deem necessary and proper. Such peril
to public health shall be deemed to exist only when and for
such period as the commissioner and the board of estimate and
apportionment, by unanimous vote, shall determine.
Sec. 154. Public health law applicable.—The public health
law, so far as it pertains to cities, shall be applicable to cities of
the second class, except as herein expressly modified.
ARTICLE IX.
DEPARTMENT OF ASSESSMENT AND TAXATION.
Section 160. Powers and duties of assessors.
161. Description of premises.
162. Rebates and deficiencies.
163. Assessment not invalidated by irregularities.
164. Right to review assessment or tax for local im-
provement limited.
165. Procedure on review.
166. Consolidation of separate proceedings.
167. State lands.
Section 160. Powers and duties of assessors.—The assessors
shall appoint, to hold office during their pleasure, such assist-
ants or subordinates as the board of estimate and apportion-
ment shall prescribe. The assessors shall possess all the powers
conferred, be subject to all the obligations imposed and per-
form all the duties appertaining to the office of assessors in the
towns of the state in reference to the assessment of property
within the city, except as otherwise provided by law. They
shall perform all the duties now provided by law in reference
to the assessment of property for the purpose of levying taxes
and assessments for local improvements, imposed according to
law.
47.

Sec. 161. Description of premises.—In the assessment of any
lands in the city for any purpose, it shall be sufficient to state
the name of one of the owners of such lands if the owner or
owners or any of them be residents of the city and known to
the assessors; if the owner or owners be unknown to the asses-
sors or if they be nonresidents and the ownership is unknown
to the assessors, then the assessment may be designated un-
known, and there shall be stated the number of the lot and the
block, if subdivided into lots and blocks and so designated upon
the city map last adopted by the common council, or the num-
ber of the lot or farm lot, if not so subdivided into blocks and
lots and so designated, and also the street and number of any
building thereon; but if the land be vacant or the building
thereon be not numbered, then the name of the street on which
it fronts and a brief description of the premises shall be given.
In case no inhabited building be on the land and the residence
of the owner be unknown, such owner may be designated as un-
known. No assessment hereafter made in said city shall be
held to be invalid because the same may be made out in terins
against owner or owners unknown or the estate of a deceased
person (naming such person), or the executor, admintrator,
heirs or devisees of a deceased person (naming such person) or
any of them or against a company or a firm name, or against
a person in whom is the record title, though not the actual title
of the property, or for any cause arising through ignorance or
mistake as to the names of the owner or owners of the property
assessed, whether individually or a corporation, provided such
property is sufficiently described on the assessment rolls to rea-
sonably identify and indicate to a person familiar with the
same the particular property which it was intended to assess.
Every assessment roll shall be considered as referring to the
last adopted map, unless it be otherwise stated therein.
Sec. 162. Rebates and deficiencies.- In all cases of assessment
for improvements the assessors shall include in the apportion-
ment all the expenses connected with or which were incident
to the making of the improvement and assessment. Whenever
the amount apportioned shall exceed the actual cost of the im-
provement, including all expenses connected therewith or in-
cidental thereto, the comptroller shall certify the amount of the
surplus to the assessors and they shall thereupon deciare a re-
bate and the excess shall be refunded pro rata to the persons
who paid their assessments. If the amount assessed for any
improvement shall be insufficient to cover the cost of the im-
provement, including all expenses connected therewith and in-
cidental thereto, the comptroller shall certify the amount of the
deficiency to the common council and assessors, and the com-
48.

mon council and assessors shall forthwith cause to be assessed
and levied the amount of such deficiency pro rata upon the
property included within the original assessment and the same
shall be assessed, levied and collected in like manner as other
assessments of a like character.
Sec. 163. Assessment not invalidated by irregularities. —No as-
sessment or tax shall be vacated, set aside, canceled, annulled,
reviewed or otherwise questioned or affected by reason of any
error, omission, irregularity or defect, not actually fraudulent,
in any of the steps or proceedings required to be had or taken
as preliminary to, or in the making of, the assessment, or in the
levying or collection of the tax, nor in relation to or in con-
nection with any proposal, designation of materials, contract,
work or improvement for or on account of which such assess-
ment was made or tax imposed. But all property shall be liable
to assessment and all assessments shall be valid and of full force
and effect notwithstanding any such error, omission, irregular-
ity or defect.
Sec. 164. Right to review assessment or tax for local improve-
ment limited. —No action or proceeding to set aside, vacate,
cancel or annul any assessment or tax for a local improvement
shall be maintained, except for total want of jurisdiction to levy
and assess the same on the part of the officers, board or body
authorized by law to make such levy or assessment or to order
the improvement on account of which the levy or assessment
was made.
No action or proceeding shall be maintained to
modify or reduce any such assessment or tax except for fraud
or substantial error by reason of which the amount of such tax
or assessment is in excess of the amount which should have
been lawfully levied or assessed.
Sec. 165. Procedure on review.—No action or proceeding
shall be maintained to set aside, vacate, cancel, annul, review,
reduce or otherwise question, test or affect the legality or valid-
any assessment or tax for a local improvement, except in
the form and manner and by the proceedings herein provided.
If, in the proceedings relative to an assessment or tax, entire
absence of jurisdiction on the part of the officers, board or body
authorized by law to levy or assess the same or to order the
improvement on account of which the assessment was made or
tax imposed, is alleged to have existed or in case any fraud or
substantial error, other than the errors or irregularities speci-
fied in the preceding section, by reason of which substantial
damages have been sustained, are alleged to have existed or to
have been committed, any party or parties aggrieved thereby,
who shall have filed objections thereto within the time and in
the manner specified by law therefor, may apply to the supreme
ity of
•
49.
court at any special term thereof, held within the judicial dis-
trict in which the city is situated, for an order vacating or
modifying such assessment as to the lands in which he or they
have an interest, upon the grounds in said objections specified,
and no other, and upon due notice of such application to the
corporation counsel. Each such application shall be made
within twenty days after the confirmation of the assessment.
Thereupon such court may proceed to hear the proofs and alle-
gations of the parties and determine the same, or may appoint
a referee to take the proof and report thereon, or to hear, try
and determine the same. If it shall be determined in such pro-
ceeding that the officers, board or body had no jurisdiction to
make the levy or assessment complained of or to order the im-
provement, the court may order such assessment or tax vacateci.
If it shall be determined therein that any such fraud or sub-
stantial error has been committed and that the party or parties
applying for such relief, have suffered substantial damages by
reason thereof, the court may order that the assessment or tax
be modified as to such party or parties, and as so modified that
it be confirmed. A like application may be made to secure a
modification or reduction of any such assessment or tax on ac-
count of fraud or such substantial error occurring in the per-
formance of the work of the improvement on account of which
such assessment or tax is made or levied, and it shall be deter-
mined in like manner. If, in any such proceeding, it shall be
determined that such fraud or substantial error has been com-
mitted, by reason of which any such assessment or tax upon
the lands of any such aggrieved party has been unlawfully in-
creased, the court may order that such assessment or tax be
modified by deducting therefrom such amount as is in the same
proportion to such assessment or tax as the whole amount of
such unlawful increase is to the whole amount of the assess-
ment or tax for the improvement. An order so made in any
such proceeding shall be entered in the clerk's office of the
county in which the city is situated, and shall have the same
force and effect as a judgment. The court may, during the
pendency of
any such proceeding, stay the collection of any as-
sessment or tax involved therein as against the parties thereto.
Costs and disbursements of any such proceeding may be al-
lowed in the discretion of the court. No appeal shall be allowed
or taken from the order made in any such proceeding, but the
determination so made therein shall be final and conclusive upon
all parties thereto. No assessment or tax shall be modified
otherwise than to reduce it to the extent that the same may be
shown by the parties complaining thereof to have been in fact
increased in dollars and cents by reason of such fraud or sub-

50.

stantial error. In no event shall that proportion of any such
assessment which is the equivalent of the fair value or fair
cost of the improvement be disturbed for any cause. No money
paid on account of any assessment or tax shall be recovered for
any cause, except the amount of the excess of such assessment
or tax over and above the fair value and cost of the improve-
ment. In case of the failure of any assessment or tax for
any
cause, the comptroller shall certify such fact to the common
council and it shall be its duty to forthwith cause the same to
be relevied and reassessed in a proper manner.
Sec. 166. Consolidation of separate proceedings.-Two or more
persons may unite in commencing and prosecuting the pro-
ceedings to vacate or modify assessments; and when two or
more persons have commenced separate proceedings to vacate
or modify assessments for the same improvement, the court
before whom the same are commenced or pending, or a judge
thereof at special term or chambers may, by order, upon due ap-
plication and notice, consolidate such separate proceedings into
one proceeding
Sec. 167. State lands. —Nothing herein contained shall affect
any assessment upon lands owned by the state nor be deemed
to repeal or modify any of the provisions of section twenty of
the public lands law.
ARTICLE X.
DEPARTMENT OF CHARITIES.
Section 170. Commissioner ; deputy; overseer of poor.
171. Power and duties of commissioner.
172. Powers and duties of overseer.
173. City owner of supplies.
Section 170.
Commissioner: deputy; overseer of poor.—The
commissioner of charities may appoint, to hold office during
his pleasure, a deputy, overseer of the poor, and such other
subordinates as may be prescribed by the board of estimate and
apportionment. In case of the absence or disability of the
commissioner or of a vacancy in the office, the deputy shall
discharge the duties of the office until the commissioner returns,
his disability ceases or the vacancy is filled. The commissioner,
deputy and overseer of the poor, before entering upon the dis-
charge of the duties of their respective offices, shall each exe-
cute and file with the city clerk an official undertaking in such
penal sum as may be prescribed by the common council.
Sec. 171. Powers and duties of commissioner. The commis-
sioner of charities shall have the general care, management,
administration and supervision of the charities, almshouses,
hospitals, houses of correction, orphan asylums and all other
similar institutions, the control or government of which belongs
51.
or is intrusted to the city. He shall make regulations for the
expenditure of the moneys appropriated for the support or
relief of the poor and for the general supervision of such
expenditures. He shall investigate fully the circumstances of
all persons alleged to be destitute or without proper means of
support, or without proper guardianship, or who are in danger
of becoming or are a public burden in any respect; and also the
circumstances of their relatives or other persons whose duty it
is to relieve or maintain them or contribute to their support;
also to institute and prosecute any and all actions and proceed-
ings authorized by law to compel any and all persons liable for
the care, maintenance, education or support of any such desti-
tute or dependent persons to contribute thereto, and to indem-
nify the city and public against any expenditures on account
thereof. He shall also prosecute any and all bonds, undertak-
ings or recognizances given for any of the purposes herein
mentioned or in any manner relating thereto. Any and all
moneys recovered in any such suit, action or proceeding or
otherwise paid to or received by the said commissioner on
account of the care, maintenance, relief, education or support
of any such persons shall be deposited by the commissioner
with the city treasurer as a trust fund, and the same shall be
applied and expended by the said commissioner for the purpose
on account of which the same were paid. Any surplus remain-
ing in said fund at the close of the fiscal year shall be treated
as an unexpended balance of money appropriated for such
department. The commissioner shall furnish to and file with
the comptroller a monthly statement in detail of all receipts
and expenditures, including the aid and relief granted by him,
with the names and addresses of all recipients.
Sec. 172. Powers and duties of overseer.—The overseer of the
poor, subject to the regulations and supervision of the commis-
sioner, shall possess all the power and authority of overseers
of the poor in the several towns of the county in which the city
is situated, and be subject to the same duties, obligations and
liabilities. The overseer and his assistants shall have the power
to examine under oath any person applying for relief.
Sec. 173. City owner of supplies.—The city shall continue to
be the owner of supplies furnished to any poor person or
applicant for relief until the same are consumed. If any person
to whom the same shall be furnished shall sell or exchange the
same for money or intoxicating liquors or in any way dispose
of the same other than in the manner directed, such conduct
shall be deemed a misdemeanor.
Sec. 174. Liability of city.—Nothing contained in this act
shall be deemed to make the city liable for the support or relier
of any poor person when it is not otherwise so liable.

52.

ARTICLE XI.
ale
V8
JUDICIARY.
Section 180. Jurisdiction of police court.
181. Police justice.
182. Vacancy, how filled.
183. Jurisdiction and powers.
184. Further jurisdiction.
185. Bastardy proceedings.
186. Office hours.
187. Clerk
188. Trial by jury.
189. Jury lists.
190. Drawing of jurors.
191. Pay of jurors.
Section 180. Jurisdiction of police court.—If, under the gen-
eral or local laws, there now exists or shall hereafter be estab-
lished in the city a court of criminal jurisdiction known as the
police court, it shall have the jurisdiction and powers herein-
after provided.
Sec. 181. Police justice. — There shall be one justice of the
court to be known as the police justice. Said office shall be
filled by election by the electors of the city at the city: election.
The term of the police justice shall be six years and he shall
receive an annual salary, to be fixed by the board of estimate
and apportionment, provided, however, that if the city does
not have or is not authorized by law to have more than one
officer possessing the jurisdiction of a court of special sessions
such salary shall be fixed at not less than thirty-five hundred
dollars per annum. No person shall be eligible for election to
the office of police justice unless he be an elector and has been
an attorney of the supreme court of the state for five years. In
case of the absence or disability of the police justice or of a
vacancy in the office, any city judge or judge of the municipal
court shall perform the duties of the office until the police
justice returns, his disability ceases or the vacancy is filled.
Sec. 182. Vacancy, how filled. When a vacancy shall occui,
otherwise than by expiration of term, in the office of police
justice, the same shall be filled, for the balance of the unexpired
term, at the next city election happening not less than thirty
days after such vacancy occurs. Until such vacancy shall be
so filled, the mayor may appoint a qualified attorney to fill the
same, who shall hold office until the first day of January after
the election at which his successor is elected.
Sec. 183. Jurisdiction and powers. The police court shall
have, in the first instance, exclusive jurisdiction to try and
53
But any
determine all offenses of which the courts of special sessions
have or shall have exclusive jurisdiction, when such offenses
are committed within the city. He shall have exclusive juris-
diction to try and determine all complaints and charges for
violations of city ordinances, and shall have the power and
jurisdiction now or hereafter conferred upon courts of special
sessions by section fifty-six of the code of criminal procedure,
and shall also have exclusive jurisdiction, in the first instance,
to try, for any other misdemeanor committed in the city, any
person who is first brought before said court or police justice
charged with such offense. Said court shall have power, upon
conviction for a misdemeanor, to impose a sentence of impris-
onment not exceeding one year, or a fine not exceeding five
hundred dollars, or both such fine and imprisonmeni, with
further imprisonment if such fine is not paid, not exceeding one
day for each dollar thereof unpaid, except where a different
punishment is by law prescribed for such offense.
charge of misdemeanor pending before said police court or
justice may be removed to a court sitting with a grand jury by
the same method now or hereafter provided in sections fifty-
seven and fifty-eight of the code of criminal procedure; but a
complaint or charge for a violation of a city ordinance shall
not be removed.
Sec. 184. Further Jurisdiction.—The police justice shall also
possess all the powers and jurisdiction of a magistrate, which
are or may be conferred by law upon justices of the peace,
concerning offenses committed within the city. He shall
possess such other powers and perform such other duties as are
now or may be conferred or imposed by law.
Sec. 185. Bastardy proceedings.—The police justice shall also
possess the powers and perform the duties of justices of the
peace of towns in cases of bastardy. Such proceedings shall be
governed by the provisions of the code of criminal procedure
except that they may be held and conducted before the police
justice with the same force and effect as if two magistrates
were present.
Sec. 186. Office hours.-It shall be the duty of the police jus-
tice to be present at the police court rooms at such times and
during such hours as the public interest may require, unless
necessarily detained therefrom.
Sec. 187. Clerk. - The police justice shall have a clerk of the
court, who shall be the confidential appointee of said justice,
and who shall have the power to take informations upon which
warrants for the arrest of persons charged with the commission
of crimes may be issued by said justice. The clerk shall also
have the power to issue and sign subpænas, to administer oaths

54.

to witnesses, to make and sign executions, commitments and
certificates of conviction and to certify to and sign copies
thereof for the execution of any judgment rendered in police
court, as police justice or as a court of special sessions. The
clerk of the court shall receive all penalties and other moneys
or fees payable in such court, and shall pay the same into the
city treasury once in each week, and shall file with the comp-
troller, monthly, an itemized statement of the same. The said
justice shall have such other clerical assistance as the board of
estimate and apportionment may prescribe; and, if said board
creates the office of deputy clerk, then said deputy clerk shall
have the same powers as the clerk of the court. All clerks
appointed by the justice shall serve during his pleasure. Said
appointment or appointments shall be in writing and filed with
the clerk of the county in which the city is located and with
the city clerk. Said clerk and deputy, if any, before entering
upon the discharge of the duties of their respective offices shall
cach execute and file with the city clerk an official undertaking
in such penal sum as may be prescribed by the common council.
The police justice may appoint, and at pleasure remove, a police
court attendant, who shall perform such services as may be
required of him by the police justice and shall be subject to
the order and control of said justice and of no other person.
He shall be in the exempt class of the civil service, and shall
receive such salary as shall be fixed by the board of estimate
and apportionment. The police justice may appoint a member
of the police department to said position, and in such case said
appointee shall be paid upon the certificate of the police justice
from the same fund as other police officers, and when he shall
retire from office he shall be reassigned to duty by the chief of
police to the rank from which he came.
Sec. 188. Trial by jury:—In the police court, at the time of
interposing any plea which forms an issue of fact, the defendant
may demand a trial by jury, and unless so demanded then a
trial by jury is waived.
Sec. 189. Jury lists.—Whenever a list is made by the proper
officer or officers of the persons who are required to serve as
jurors of a city or municipal court, a duplicate of such list
shall be filed by such officer or officers with the city clerk. The
clerk shall immediately make two copies of such list and file
one of such copies with the clerk of the police court, and all
jurors in said court shall be drawn from the names contained
in such copy of said list.
Sec. 190. Drawing of jurors.—When a trial by jury is duly
demanded, as above provided, the police justice must forthwith
openly draw such number of ballots as he deems necessary from
55.
a box, or other receptacle, containing the names of the persons
who are returned as jurors of the city for a city or municipal
court therein upon the last list thereof filed in such court by the
city clerk as above provided, as jurors to attend for the purpose
of trying the issues joined as above stated, at a time to which
the cause in which issue has been joined shall then be adjourned
by him, not more than eight days from the joining of issue,
unless the parties consent to a longer adjournment, which
consent shall be entered in the minutes of the court. Before
drawing such ballots they shall be thoroughly mingled in the
box or receptacle containing them, and thereafter, except as
herein otherwise provided, and so far as consistent with this
act, the provisions of sections twenty-nine hundred and ninety-
two to twenty-nine hundred and ninety-nine, inclusive, and
sections* three thousand and six to section three thousand and
nine, inclusive, of the code of civil procedure shall govern the
further proceedings upon the issue joined as provided herein.
The police justice has the powers and duties conferred and
imposed upon justices of the peace under those sections. The
venire must be issued in criminal cases to a police officer, who
shall have all the powers and duties of constables under those
sections.
Sec. 191. Pay of jurors.— Jurors in the police court shall rė-
ceive the same compensation as jurors in justice's court held by
justices of the peace.

ARTICLE XII.
DEPARTMENT OF LAW.
Section 200. Corporation counsel.
201. Duties of the corporation counsel.
202. Costs.
203. Account of moneys collected.
204. Certification and approval of contracts and con-
veyances.
205. Compromise of claims.
206. Judgments against the city.
Section 200. Corporation counsel.—The corporation counsel
shall be the head of the department of law. He may appoint,
to hold office during his pleasure, a first assistant and such
other subordinates as may be prescribed by the board of esti-
mate and apportionment. In case of the absence or disability
of the corporation counsel, or of a vacancy in the office, the first
assistant shall discharge the duties of the office until the cor-
poration counsel returns, his disability ceases or the vacancy is
*So in the original.
56.

filled. The corporation counsel and first assistant before enter-
ing upon the discharge of the duties of their respective offices,
shall each execute and file with the city clerk an official under-
taking in such penal sum as may be prescribed by the common
council.
Sec. 201. Duties of the corporation counsel.—The corporation
counsel shall be and act as the legal adviser of the common
council and of the several officers, boards and departments of
the city. He shall appear for and protect the rights and inter-
ests of the city in all actions, suits and proceedings brought by
or against it or any city officer, board or department; and such
officer, board or department shall not employ other counsel.
The corporation counsel may, however, with the written con-
sent of the mayor, employ counsel, at such compensation as may
be approved by the board of estimate and apportionment, to
assist him in the argument and conduct of important cases or
proceedings in which the city or any officer, board or depart-
ment thereof is interested or a party.
Sec. 202. Costs. —Neither the corporation counsel, deputy,
clerk, or any other subordinate or assistant, shall receive any
fee or compensation of any kind, other than the salary fixed by
law or by the board of estimate and apportionment, except that
the corporation counsel shall be entitled in actions and pro-
ceedings in which the city or any officer, board or department
thereof shall be successful, to receive to his own use all costs
and allowances which shall be collected from the adverse party;
but he shall repay to the city treasurer all amounts disbursed
in the progress of such actions and proceedings which were
taxable as disbursements therein, and which shall have been
paid by the city, whenever and as soon as such amounts are
collected, provided however, that all costs, allowances and dis-
bursements in proceedings for the opening of streets and the
acquisition of land by condemnation shall be collected and paid
over to the city treasurer for the benefit of the city.
Sec. 203. Account of moneys collected. —The corporation couni-
sel shall pay over at once to the city treasurer, for and on
behalf of the city, all moneys, except costs which he is entitled
to retain as hereinbefore provided, collected by him for or on
behalf of the city, including fines and penalties.
Sec. 204. Certification and approval of contracts and conveyances.
-No written contract providing for the payment of two hun-
dred dollars or more, entered into by the city or any of its
officers, boards or departments, shall become effective or be
acted under until there shall be endorsed thereon by the cor-
poration counsel or an assistant, a certificate to the effect that
the city officer, board or department which has executed the
57.
same on behalf of the city, had authority and power to make
such contract, and that such contract is in proper form and
properly executed; he shall approve all deeds, conveyances,
leases and abstracts of title affecting property acquired, con-
veyed to or leased by the city; and he shall attend to all the
law business of the city and discharge such other duties as may
be prescribed by law or ordinance of the common council.
Sec. 205. Compromise of claims.—The corporation counsel
shall, whenever he considers that the interests of the city will
be subserved thereby, enter into an agreement in writing, sub-
ject to the approval of the board of estimate and apportionment,
to compromise and settle any claim against the city, which
agreement shall constitute a valid obligation against the city;
and the amount therein provided to be paid shall, with interest
thereon from its date, be included in the next city tax budget
and be collected and paid the same in all respects as a judgment
against the city. If, however, before the adoption of the city
tax budget there shall be received by the city treasurer from
any source any moneys not otherwise appropriated, the amount
in the agreement provided to be paid out of such moneys so
received, so far as they will satisfy the same.
Sec. 206. Judgments against the city. The amount of any
judgment recovered against the city and payable by it, remain-
ing unpaid, with the interest due thereon, in case the time to
appeal therefrom has expired and no appeal has been taken, or
a certificate of no appeal therefrom has been given by the cor-
poration counsel, or in case such judgment is finally affirmed,
or an appeal taken and the execution thereon shall not be
stayed, shall be reported to the common council immediately
after the same shall have become payable, as aforesaid; and
the amount thereof shall be included in the next city tax budget.
Such judgments shall be paid in the order of their recovery
out of the moneys first paid into the city treasury on account
of the annual taxes or, prior thereto, out of temporary loans
made in anticipation of the collection of such taxes. If, how-
ever, there be any moneys in the treasury to the credit of any
fund derived from city revenues, other than taxation, in excess
of the estimated revenues from such source, and not otherwise
appropriated, sufficient to satisfy judgments against the city,
the comptroller shall issue warrants for the payment of such
judgments out of said funds in the order of their recovery,
Until the moneys applicable to the payment of a judgment have
been raised and paid into the city treasury and payment of the
judgment has been refused, no execution shall issue against
the city unless the amount of such judgment shall not have
been included in the tax budget.

58.

ARTICLE XIII.
SUPERVISORS; SEALER OF WEIGHTS AND MEASURES.
Section 210. Supervisors.
211. Sealer of weights and measures.
Section 210. Supervisors.—Supervisors shall have the powers
and perform the duties of supervisors of towns under the
gen-
eral laws of the state, and other laws applicable thereto.
Sec. 211. Sealer of weights and measurers. The sealer of
weights and measures shall, within the city, have the powers
and perform the duties of sealers of weights and measures of
towns under the general laws of the state. He shall supervise
the weighing of coal and perform such other duties as may be :
prescribed by law or ordinance of the common council. He
shall receive a salary, to be fixed by the board of estimate and
apportionment, and no fees shall be charged or collected by
him or by the city for his services.
ARTICLE XIV.
......
1
MISCELLANEOUS PROVISIONS.
Section 220. Additional allowances.
221. Books and papers to be public records.
222. Inhabitants not incompetent.
223. Witnesses not to be excused from testifying-
224. Liability of city in certain actions.
225. Definition of words.
226. Public act.
227. Saving clause.
228. Effect of repeal.
229. Construction.
230. Acts repealed.
231. When to take effect.
Section 220. Additional allowances. —No allowance or com-
pensation, in addition to the salary or compensation prescribed
by law or authorized by this act or otherwise by law, shall be
paid to any officer or employee of the city or to any person paid
out of city funds, nor shall any amount in excess of the sum
payable under any contract be paid on account thereof.
Sec. 221. Books and papers to be public records. —All books:
and papers and documents filed with or constituting a part of
the records or proceedings of any officer, board or department
of the city, shall be deemed to be public records and shall.
during office hours, be open to public inspection.
Sec. 222. Inhabitants not incompetent. ---Upon the trial of any
issue or the prosecution of any proceeding, or upon the taking
59.
or making of any inquisition, appraisal or award, or upon the
judicial investigation of any facts whatever, to which issue,
proceedings, inquest, investigation or award the city is a party,
or in which the city may, in any way, be interested, no person
shall be deemed incompetent as a judge, referee, commissioner,
witness or juror by reason of his being an inhabitant, free-
holder or taxpayer of the city.
Sec. 223. Witnesses not to be excused from testifying.—No wit-
ness shall be excused from testifying in any criminal proceeding
or in any investigation or inquiry before the common council,
or any committee thereof, or before any officer conducting an
investigation, touching the knowledge of such witness as to any
offense committed in violation of the provisions of this act or
of any law of the state or ordinance of the city; but such testi-
mony shall not be used against such witness in any criminal
prosecution or proceeding whatever.
Sec, 224. Liability of city in certain actions.—No civil action
shall be maintained against the city for damages or injuries to
person or property sustained in consequence of any street, high-
way, bridge, culvert, sidewalk or crosswalk being defective, oui
of repair, unsafe, dangerous or obstructed unless it appear that
written notice of the defective, unsafe, dangerous, obstructed
condition of such street, highway, bridge, culvert, sidewalk or
crosswalk was actually given to the commissioner of public
works, and that there was a failure or neglect within a reason-
able time after the giving of sạch notice to repair, or remove
the defect, danger or obstruction complained of, or, in the
absence of such notice, unless it appears that such defective,
unsafe, dangerous or obstructed condition existed for so long
a period that the same should have been discovered and reme-
died in the exercise of reasonable care and diligence. But no
such action shall be maintained for damages or injuries to the
person sustained solely in consequence of the existence of snow
or ice upon any sidewalk, crosswalk or street, unless written
notice thereof, relating to the particular place, was actually
given to the commissioner of public works and there was a
failure or neglect to cause such snow or ice to be removed, or
the place otherwise made reasonably safe within a reasonable
time after the receipt of such notice. The city shall not be
liable in a civil action for damages or injuries to person or
property, or invasion of personal or property rights, of any
name or nature whatsoever, whether casual or continuing,
arising at law or in equity, alleged to have been caused or sus-
tained, in whole or in part, by or because of any omission of
duty, wrongful act, fault, neglect, misfeasance or negligence
on the part of the city, or any of its agents, officers or em-

60.

ployees, unless a claim therefor in writing, verified by the oath
of the claimant, containing a statement of the place of residence
of the claimant, by street and number, if any, otherwise such
facts as will disclose such place of residence with reasonable
certainty, and describing the time when, the particular place
where and the circumstances under which the damages or inju-
ries were sustained, the cause thereof and, so far as then prac-
ticable, the nature and extent thereof, shall within three months
after the happening of the accident'or injury or the occurrence
of the act, omission, fault or neglect out of which or on account
of which the claim arose, be presented to the common council
and served upon the mayor or city clerk and notice of intention
to commence an action thereon be served upon the corporation
counsel, nor unless an action shall be commenced thereon
within one year after the happening of such accident or injury
or the occurrence of such act, omission, fault or neglect; but no
action shall be commenced to recover upon or enforce any such
claim against the city until the expiration of three months after
the service of said notice upon the corporation counsel. Noth-
ing herein contained, however, shall be held to revive any
claim or cause of action now barred by any existing require-
ment or statute of limitations nor to waive any exisiting lim-
itation now applicable to any claim or cause of action against
the city.
Sec. 225. Definition of words. — The word “his," as used in
this act shall, in all proper cases, be held to include and be co-
extensive with the words “her," "it" and “their ;" the word
"person,” shall be held to include and to include the words
"persons," "company,” “joint stock association” and “corpora-
tion.” The word "street" shall be held to include and be coex-
tensive with “roads," "avenues,” “highways,” “alleys” and
“squares ;" the word "work” shall be held to include and be
coextensive with "improvements” and “repairs;" the word
“materials” shall be held to include and be coextensive with
"supplies," "stationery,” "books,” “furniture” and “repairs to
furniture;” the word “tax” shall in all proper cases be held to
include and be coextensive with “water rents or rates," "assess-
ments or reassessments for local improvements," and the
singular noun shall be held to include and be coextensive with
the plural.
Sec. 226. Public act.--This act is intended to be and shall be
deemed and held in all courts and jurisdictions to be a public
act, of which the courts shall take judicial notice. This act
shall be construed not as an act in derogation of the powers of
the state but as one intended to aid the state in the execution of
61.

its duties, and shall be liberally construed so as to carry into
effect the objects and purposes thereof.
Sec. 227. Saving clause.—Nothing contained in this act shall
be construed to repeal any statute of the state or ordinance of
the city or rule or regulation of the board of health, not incon-
sistent with the provisions of this act, and the same shalı re-
main in full force and effect, when not inconsistent with the
provisions of this act, to be construed and operated in harmony
with its provisions. The powers which are conferred and the
duties which are imposed upon any officer or department of the
city under any statute of the state, or any city ordinance which
is in force at the time of the taking effect of this act, shall, if
such office or department be abolished by this act, be thereafter
exercised and discharged by the officer, board or department
upon whom is imposed corresponding or like functions, powers
and duties under the provisions of this act. Where any con-
tract has been entered into by the city prior to the time of the
taking effect of this act, or any bond or undertaking has been
given to or in favor of the city, which contains provisions that
the same may be enforced by some officer, board or depart-
ment therein named, but by the provisions of this act such
offic-, board or department is abolished, such contracts, bonds
and undertakings shall not in any manner be impaired, but shall
continue in full force and the powers conferred and the duties
imposed with reference to the same upon the officer, board or
department which has been abolished, shall thereafter be exer-
cised and discharged by the officer, board or department upon
whom is conferred or imposed like powers, functions or duties
under the provisions of this act. The park commission, in any
city, which at the time this act takes effect, has jurisdiction of
its park system, is continued in office, notwithstanding the pro-
visions of this act, with all the powers and subject to all the
duties, conferred and imposed upon such commission by law.
Sec. 228. Effect of repeal.—The repeal of a law, or any part
of it, specified in the annexed schedule, or otherwise, by the
provisions of this act, shall not affect or impair any act done or
right accruing, accrued or acquired, or penalty, forfeiture or
punishment or any bar, limitation or defense incurred prior to
the time when this act takes. effect, under or by virtue of the
law so repealed, but the same may be asserted, enforced, prose-
cuted or inflicted as fully and to the same extent as if such law
had not been repealed; and all actions or proceedings, civil or
criminal, commenced under or by virtue of any law so repealed
and pending when this act takes effect, may be prosecuted and
defended to final effect in the same manner as they might under
62.

1
any such law so repealed, unless it be otherwise specifically
provided herein.
Sec. 229. Construction.—The provisions of this act, so far as
they are substantially the same, or cover the same subject
matter, as those of any law repealed hereby, shall be construed
as a continuance of such repealed law, modified or amended,
according to the language employed herein and not as new
enactments. References in a law not repealed to the provisions
of any law incorporated into this act or repealed, shall be con-
strued as applying to the provisions so incorporated. The
meaning and effect of the terms and language used herein shall
be construed in accordance with the provisions of the statutory
construction law.
Sec. 230. Acts repealed. The following acts and parts of acts
are hereby repealed :
1. Of the laws enumerated in the schedule annexed, that por-
tion thereof specified in the last column.
2. All acts or parts of acts and ordinances of the city, in so
far as inconsistent with the provisions of this act.
But such repeal shall not revive a law repealed by any law
hereby repealed, but shall include all laws purporting to specifi-
cally amend any of the laws hereby specifically repealed. Noth-
ing herein contained, however, shall be deemed to repeal or in
wise affect the validity of the provisions of chapter five
dred and sixty of the laws of nineteen hundred and two;
pter three hundred and seventy-eight of the laws of nine-
en hundred and three; chapters one hundred and seventeen,
three hundred and ninety-four and five hundred and fifty-three
of the laws of nineteen hundred and three; chapter three hun-
dred and eighty of the laws of nineteen hundred and four;
chapters one hundred and eighteen, one hundred and ninety-
one, two hundred and twenty-three, five hundred and forty,
five hundred and forty-one, five hundred and forty-three, six
hundred and forty-five, six hundred and seventy-six and six
hundred and eighty-six of the laws of nineteen hundred and
five; but all of such acts are hereby continued in full force and
effect.
Sec. 231. When to take effect. —This act shall take effect on
the first day of January, nineteen hundred and eight, except
that in a city which became a city of the second class under the
aiv anumeration had in nineteen hundred and five, the elective
icers provided in this act or otherwise by law for such city
jall be elected at the city election to be held on the Tuesday
succeeding the first Monday in November, nineteen hundred
and seven.
63.

SCHEDULE OF LAWS REPEALED.
.
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64.