( Stafe of New York . “5 S'2 . 0 1 f / No. 1643,1706. Rec. 187. - In Assembly*, March 16, 1898. Senate bill No. 94, introduced by Mr. WHITE-—read twice and ordered printed, and when printed to be committed to the committee on affairs of cities—reported from said committee with, amendments, ordered reprinted as amended and placed on the order of third reading. In Assembly reported from the committee on affairs of cities with amendments, ordered printed as amended and restored to its place on the order of third reading—amended on third reading, ordered reprinted and restored to its place on order of third reading. AN ACT , For the government of cities of the second class. The People of the State of New York, represented in Senate and Assembly, do enact as folloies: 1 ARTICLE I. 2 Section 1. When the word city is used in this act, it means a 3 city of the second class, and all the provisions of this act have 4 reference only to such cities. 5 § 2. Within thirty days after every state enumeration, the 0 secretary of state shall file with the clerk of every city a certifi y cate showing the population of such city; and if it appears there* 8 from that such city has since the prior state enumeration become 9 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. Explanation.— Matter unierseered old law to be omitted. -Is mew; matter ia brackets [] i* 2 1 3 3 4 5 6 » 3 £ 10 11 12 13 14 15 16 ir 18 19 20 21 22 23 24 25 26 ARTICLE II. COMMON COUNCIL. § 12. The legislative power of the city is vested in the com men council thereof, and it has authority to enact ordinances, not Inconsistent with the laws of the state, for the government 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 in¬ habitants, and the protection and security of their property; and its authority, except as otherwise provided in this act, or by other laws of the state, is legislative only. 4 § 13. There shall be elected at the first election under this act, and at the city election every two years thereafter, a president of the common council from the city at large, who shall receive an / , annual salary of one thousand dollars, and one alderman from city clerk upon each member personally, or by mail, directed to 70 his place of residence or place of business, at least twenty-fopr 21 25 J hours before the time of such meeting. i § 17. The common council shall determine the rules of its own proceedings, and be the judge of the elections, returns and quali* D, 6 1 as herein provided, then it shall take effect as if he had approved 2 and signed it. If he disapprove it, he shall, within the same time, 3 return it to the clerk with his objections in writing, and the clerk 4 shall present the same with such objections to the common coun- 5 oil at its next regular meeting; and then the common council 6 shall, within thirty days thereafter, reconsider the same; and 7 unless three-fourths of all the members of the common council, and 8 if a greater number of members were necessary, according to the 9 provisions of this act, for the original passage of the ordinance, 10 then as many members as were requisite for the original passage « , * 11 of the ordinance, shall vote to pass the ordinance, it shall not 12 take effect; but if the requisite number of members so vote, then 13 the ordinance shall take effect as if approved and signed by the ' » 14 mayor. When an ordinance appropriating money contains sev- ; y • • • 15 eral items, and when an ordinance embraces more than one distinct 10 subject, the mayor may approve the provisions relating to one or 17 more items or one or more subjects, and disapprove the others. In 18 such cases those items or subjects which he shall approve, shall % 19 become effective, and those which he shall not approve, shall be 20 reconsidered by the common council and shall only become effec- 21 tive if again passed by it as above provided; and the foregoing 22 provision in reference to approval and disapproval and failure 23 to return an ordinance, within ten days after the receipt of the 24 same, shall be applicable to and govern such cases. o 25 § 22. Every ordinance shall, within a reasonable time after it 26 becomes a law, as herein provided, be recorded in a book kept to® i 2 r 3 4 IW 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that purpose by the clerk. Such record shall include the signa¬ ture of the president, attestation of the clerk and the mayor’a L * , ' . written approval, or in case of his disapproval, a memorandum of its passage over his veto; or in case the ordinance took effect because he failed to approve or disapprove and return it within the ten days, then a memorandum to that effect; and as soon as the due publication is complete a certificate thereof shall be. added to such record. Such record, or a certified copy thereof, shall be presumptive evidence of the passage of an ordinance. § 23. Any person violating an ordinance of the common council shall be guilty of a misdemeanor, and the common council may provide, by a general ordinance or in any ordinance, that any per¬ son guilty of such violation shall be liable to pay to the city m sum therein named as a penalty, not exceeding five hundred dol- * > lars, to be recovered in a civil action in the name of the city. The city may maintain an action to restrain by injunction the violation of any ordinance of the common council or of the commissioner in charge of the health department, notwithstanding such ordi¬ nance may provide a penalty for such violation. § 24. Whenever an executive or administrative function shall \ • \ be required by an ordinance of the common council to be per¬ formed, the same shall be performed by the proper executive or administrative officer or department to be designated in the ordin¬ ance, and in case no such designation be thus made, the mayor shall make the same. s 1 § 25. The common council may by ordinances passed by two- \ 2 thirds of all its-members, not inconsistent with the provisions 3 of this act, or other laws of the state, regulate the powers and 4 duties of any city officer or department; and it has power to 5 investigate all city officers and departments, and shall have 6 access to all records and papers kept by every city officer or 7 department, and has power to compel the attendance of witnesses 8 and the production of books, papers or other evidence, at any t \ * • 9 meeting of the common council, or of any committee thereof, and 70 for that purpose may issue subpoenas signed by its president. § 26. The creation of temporary and funded debts bv the com- 2 mon council are governed by the provisions of the municipal law, 73 chapter six hundred and eighty-five of the laws of eighteen hun* 24 dred and ninety-two, and amendments thereof, except as herein 45 provided to the contrary. An ordinance authorizing a funded debt 75 shall, before it can have effect, be submitted to and approved by / 17 the board of estimate and apportionment by an affirmative vote of lg at least four members of the board. Every funded debt shall be 19 issued in such amounts and shall fall due at such times that the 2Q principal of the same shall be fully paid in twenty equal annual 21 payments, the last of which shall become due at the end of twenty 22 years after its issue. Nor shall any such annual payment, nor all 23 of them, be refunded, but provision shall be made for their pay- * ^ ^ (24 ment in the year in which each shall fall due, by insertion of the 25 proper sum in the annual estimates for the year in question. 1 o o o 4 5 6 i 8 9 10 11 12 13 14 15 16 17 18 19 20 2L 22 23 24 25 26 9 § 27. In case of a failure to elect an alderman of any ward at a proper election, and in case of a vacancy from any cause in the office of alderman from any ward, the common council may choose a qualified resident of the same ward to fill the office fop the term or the remainder thereof. But in case of a vacancy from any cause, except for a failure to elect, the person so chosen must be of the same political party as the alderman whose place he is chosen to fill. The common council may compel the attendance of absent members at any meeting properly called and may punish or expel a member for disorderly conduct, for a vio- lation 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 council, nor until the delinquent member has had an opportunity to be heard in his defense. § 28. All the legislative acts of the common council shall be by ordinances, and on the passage of every ordinance, the yeas and navs of the members shall be taken and entered in full in the journal. § 29. At the first meeting of the common council after the election of its members, it shall, by a viva voce vote, designate two daily newspapers published in the city to be the official papers of the city. Each member shall D. 3 10 1 be entitled to vote for one of the papers, and the two ^ papers having the highest number of votes shall be the official « O ° papers for two years and until others are designated. Such papers 4 shall publish the proceedings and ordinances of the common 0 council and all other matters required by law or by ordi* * d nances of the city to be published. In case any of the official \ -.fill .is 7 papers shall refuse or fail to act or perform as such, the common ® council may designate another paper in its place. Provided that if I 9 any city contains a population of less than ninety thousand in- ld habitants as appears by the last state enumeration, in- 11 stead of the proceeding above set forth, the common coun- # 12 cil shall, within thirty days after the first meeting of its members, 13 meet and designate by viva voce vote the tw r o daily newspapers i 14 published in the said city which have the largest circulation and t 15 are of opposite political faith, as the official newspapers of the Id city, for two years and until others are designated. The official 17 newspapers heretofore designated in a city wffiicli contains a 13 population of less than ninety thousand inhabitants as aforesaid, * 19 shall continue as such until the day herein fixed for the first 20 designation of official newspapers and shall then cease to be the 21 official newspapers unless again designated as herein provided. \ 22 All bills and accounts for publication in official newspapers shall 23 be paid in the same manner as other accounts against the city. 24 § 30. The common council shall not alter the name of any 25 street, except upon a petition of a majority of the owners of abut- 2 3 i 4 5 6 7 8 9 10 11 12 13 14 15 ting lots, nor shall it change the grade of any street which has been legally established, except upon a vote of two-thirds of all the members of the common council, and except also upon compensa* * tion for damages done, to be ascertained as damages are ascer- tained under the condemnation law for lands taken. ♦ § 31. The common council shall, prior to the year nineteen hun¬ dred, pass ordinances, to take effect January first, nineteen hun- « dred, to give effect and operation to the provisions of this act; but it shall not at any time pass any ordinance directing or in- / terfering with the exercise of the executive functions of the offi¬ cers, departments and boards of the city as provided by this act * or the other laws of the state. § 32. The minutes of each meeting of the common council shall % be printed in full within six days after its adjournment and immedi- ately distributed, one to the mayor, one to each member of the com¬ mon council, one to the head of each department, and one to every tax-payer entitled thereto under section four hundred 18 19 20 21 22 23 24 25 and seventy-two of this act. At the end of the year the printed minutes shall be indexed and bound in adequate number. § 33. All appointments or designations made by the common council shall be by viva voce vote. § 34. The common council may, by and with the advice and consent of the board of estimate and apportionment, fix and de¬ termine the amount and proportion of the expense to be borne by \ the city at large for opening or altering a street or for other 26 public improvements. 12 l 1 ARTICLE III. o " THE MAYOR. 3 § 42. There shall be elected at the first election under this i 4 act and at the city election every two years thereafter a 5 mayor.— The executive power of the city is vested in the 6 mayor, and in such executive officers and departments as are, or 7 may be created by law, or by ordinances of the common council. 8 § 43. The annual salary of the . mayor shall be, in a 9 city having a population, as appears by the last state enu- 10 meration, of less than ninety thousand, twenty-five hundred dol- 11 lars; in a city having a population of more than ninety thousand 12 and less than one hundred and fifty thousand as aforesaid, four j .3 thousand dollars; in a city having a population of more than one 44 hundred and fifty thousand as aforesaid, five thousand dollars. ♦ V 15 The mayor and president of the common council shall be elected r / 10 at the city election, and shall hold their offices for the term of two 17 years. 1 § § 44. In case of the absence or inability of the mayor, or during 49 a vacancy in the office, the president of the common council shall 20 act as mayor until the mayor returns, his inability ceases, or the i 2 1 vacancy is filled. But it shall not be lawful for the president of 22 the common council, when acting as mayor, to sign or approve any 23 ordinance of the common council, or to appoint to, or remove 24 from office any person unless the vacancy in the office, or the inabil- 25 ity or absence of the mayor shall have continued for at least thirty 26 da y®* I 33 -j § 45. The mayor shall call together the heads of the city depart- 2 ments for consultation and advice upon the affairs of the city as » o often as he may deem advisable, but not less than twelve times in ~ •. —.. 1 — each year; and at such meetings he may call upon the heads of .. ... the departments for such reports as to the subject matters under 6 7 8 9 10 11 12 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 regulations shall be adopted thereat for the harmonious, systematic and efficient administration of the affairs of the city, not inconsistent with the laws of the state or with the city ordinances. 46. It shall be the duty of the mayor to see to the faithful per- o formance of their duties by the city officers and departments, to lo 14 15 16 17 18 19 20 21 22 23 24 25 maintain peace and good order within the city, to take care that the laws of the state and the ordinances of the common council be executed and enforced within the city; to communi¬ cate by written message to the common council at least once a year a statement of the finances and general condition of the affairs of the city, and with such recommendations in rela¬ tion thereto as he may deem proper, and to give such information i. i in relation to the same as the common council may from time to time require; and also to call a special meeting of the common council whenever in his judgment it is required by public neces¬ sity. It shall also be his duty to receive and examine into all D. 4 1 complaints made against any city officer for neglect of duty, or .... malfeasance in office. J . -,•>>’ \ Wv JV'.f ‘V uffi* 3 § 47. The mayor shall, on behalf of the city, sign all deeds and 4 contracts made by it, and shall cause to be affixed thereto the city ■v \ r- seal, of which he shall have the custody. Y ' A ' 0 § 48. The mayor shall have authority at all times to examine \ 4 the books and papers of any officer, employe or department of the 3 city, and as often as he may deem proper, to appoint one or more 9 competent persons to examine, without notice, the accounts of any i » - 40 city officer or department, and the money, securities and property • * |1 belonging to the city in the possession or charge of any officer or 12 department, and to report the result of such examination; and he 1 3 may administer oaths to witnesses and take affidavits in all cases 1 4 relating to the affairs of the city. f ' V J ] 5 § 49. Except as otherwise provided in this act, the mayor shall ] (■ appoint all the city officers, and except as otherwise provided in 1 7 this act or in the other laws of the state, he may remove at pleasure / > 1 8 any city officer appointed by him. 49 § 50. The mayor shall have such other powers and perform such ’ 0 () other duties as may be prescribed in this act or by other laws of . 1 24 the state, or by ordinances of the common council not inconsistent 22 with the laws of the state. 23 § 51. The mayor shall appoint an executive clerk and such . \ 24 other assistants in the routine work of his office as the commun 24 council may by ordinance prescribe. 1 ARTICLE IV. O DEPARTMENT OF FINANCE. 3 COMPTROLLER—TREASURER—BOARD OF ESTIMATE AND APPORTIONMENT. 4 Section 61. There shall be a comptroller, who shall be . 4 » 5 elected at the city election at the same time as the mayor, 0 and who shall receive an annual salary of thirty-five hundred i 7 dollars. He shall hold office for two years. He may appoint, to 8 hold office during his pleasure, a deputy and such other subor- 9 dinates as may be prescribed by the board of estimate and appor- 70 tionment. In case of vacancy in the office of comptroller the 77 mayor shall, within ten days, fill the vacancy by appointment for ^ 9 the remainder of the term. 23 § 62. The comptroller and deputy comptroller, before entering 77 . upon the duties of their respective offices, shall each give a bond to 75 the city in such penal sum as may be prescribed by the common 73 council, with two or more sureties, to be approved by the mayor, , 77 conditioned for the faithful discharge of their duties, which bonds, 73 when so approved, shall be filed in the office of the county clerk 79 of the county in which the city is located, where they shall be 20 recorded as required in the case of bonds of town collectors. o[ § 63. The office of comptroller shall be kept at a place to be 09 designated by ordinance of the common council, and shall be kept 4 . ' / 03 open for the transaction of business each day in the year, Sundays 04 and legal holidays excepted, from nine o’clock in the forenoon 25 until three o’clock in the afternoon, and at such other hours as 'he 20 common council may from time to time direct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 § 64. The comptroller shall superintend the fiscal concerns of the city, and manage the same pursuant to law and the ordi¬ nances of the common council. He shall keep a separate account with every department for which funds are specially raised by tax, or for which funds are raised by assessment for local or other im¬ provements. He shall require all drafts for the payment of any claims against the city to state particularly against which of such funds the drafts are drawn, and shall not permit any of such specific funds to be overdrawn, nor permit moneys to be drawn from one fund to pay the claims chargeable to another. § 65. The comptroller shall prescribe the form of all claims to be presented against the city, and the form and substance of the affidavit to be appended thereto and sworn to by the claimant. Whenever any person intends to present for payment a claim against the city, except a claim for a fixed salary, for 0 the principal or interest on a bonded or funded debt, or for damages caused by misfeasance or negligence, he shall ^3 prepare and verify it, and then procure the approval as ^ to the form thereof, in writing, of the department or offi- 9 q cer whose action gave rise or origin to the claim, and the same shall then be presented to the comptroller for his examination and audit. —* # » 99 The comptroller shall, once in every two weeks, cause all claims \ 9 o which have been presented to him to be printed (except the verifi- 9^1 cation thereon) and numbered, and copies thereof to be distributed 9 - to the mayor, to each member of the common council, to the head I of each department and to every taxpayer entitled thereto under 1 2 section four hundred and seventy-two of this act. He shall take no 3 action upon any claim until five days after such distribution, and 4 when he shall have taken action thereon, he shall cause copies 5 of all claims and his action upon them, with any reason for such ao- 0 tion which he may have to give, to be sent to each, the claimant and f the common council. If the claimant he dissatisfied with the audit, 8 he may appeal to the board of estimate and apportionment, by serv- 9 ing notice of appeal, in writing, upon the comptroller and the com- ] 0 mon council at any time before the first regular meeting of the com- v . • • | II mon council that is held after he receives the comptroller’s audit. 12 If the common council or any taxpayer be dissatisfied with such 13 audit, it or he may appeal to the same board, on behalf of the \ 14 city, in like mauner, by serving notice of appeal upon the claimant 15 and the comptroller and the treasurer within ten days after the 10 meeting of the common council at which such claims shall have 17 been reported by the comptroller. The board of estimate 18 and apportionment shall make rules for the procedure upon \ 19 the hearing of such appeals, and the decision and audit of that 20 board, after hearing upon the appeal to it, shall be final and con- 21 elusive as to the amount of the claim; but if there be no appeal 22 from the original audit, it shall in like manner be final and conclu- 23 sive. Upon the appeal herein provided for, the treasurer shall take S’ , V ‘24 the place of the comptroller as a member of the board. The comp- 25 troller, and the board of estimate and apportionment, upon an D. 26 5 18 1 appeal to it as herein provided, shall have authority to take evi- 2 dence and examine witnesses in reference to the claim, and for 3 that purpose may issue subpoenas for the attendance of witnesses; 4 and the comptroller and each member of the board of estimate and 5 apportionment is hereby declared to be ex-oflicio a commissioner 6 of deeds. When a claim has been finally audited, it, with the cer« 7 tificate of the comptroller, or in case of appeal, with the certificate 8 >f the boa rd of estimate and apportionment endorsed thereon, shall 9 be filed in the office of the treasurer, and remain a record therein. 10 § 66. Any person presenting for payment a claim against the 11 city, or any board thereof, shall use his own name, or the name of 12 the firm of which he is a member. If any person shall use a name 13 other than his own, or that of the firm of which he is a member, he 14 shall be guilty of a misdemeanor, and any member of any board, 15 or any officer of the city, who shall knowingly approve, audit or 16 pay any such claim shall be guilty of a like offense. The comp- 17 troller or treasurer upon receipt of a complaint under oath and a 18 in writing, signed by any citizen, stating that he has reason to be- 19 lieve that any illegal claim has been presented, shall withhold 20 payment of the claim until satisfied of its legality. No claim shall 21 be paid until the time to appeal from the audit thereof has expired, 22 and if an appeal has been taken within such time until the appeal 23 shall have been decided. 24 § 67. The comptroller shall keep an account between the city 25 and the treasurer, and for that purpose he shall procure from the 26 banks in which the city’s funds are deposited by the treasurer, 19 3 monthly statements of the moneys which have been received and * \ 2 paid out on account of the citv and he shall examine the treas- o urer’s books, accounts and bank books and ascertain as to their 4 correctness and report on the same monthly to the common 5 council. 6 § 68 . The comptroller shall on or before the first day of January 7 in each year, publish in book form or pamphlet form, verified by 8 his oath or affirmation, a full and accurate statement of the finan- 9 cial condition of the city, showing the amount of receipts and ex* 70 penditures of the city since the last annual report, the sources \ 77 from which the funds have been derived and for what purposes 72 expended; such publication to be accompanied by a statement in 73 detail, in separate columns, showing the several funds belonging H to the city, the amount drawn on each fund, and its then present 75 condition, showing also the several debts of the city, when the 70 same are payable and the rate of interest on each, and he shall file 77 a copy of every such statement in the office of the state comp- 73 troller. He shall perform such other and further duties pertain- IQ ing to his office, not inconsistent with the provisions of this act 2 q or the other laws of the state, as may from time to time be pre- 9 1 scribed by ordinances of the common council. § 69. The comptroller shall have, under the direction of the 09 board of estimate and apportionment and the ordinances of the Zo common council, the custody and management of any sinking fund provided for the payment or redemption of the city debts. 20 4 TREASURER. 1 § 79. There shall be a treasurer, who shall be elected at 2 the city election at the same time as the mayor, and who shall 3 receive an annual salary of three thousand dollars. He shall 4 hold office for two years. He may appoint, to hold office during 5 his pleasure, a deputy and such other subordinates as may be 6 prescribed by the board of estimate and apportionment. During the 7 temporary absence or inability of the treasurer, or his suspension 8 or removal from office, the deputy shall discharge the duties of the 9 office. In case of a vacancy in the office of treasurer, the mayor 10 shall, within ten days, fill the vacancy by appointment for the re- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 mainder of the term. § 80. The treasurer and deputy treasurer, before entering upon the duties of their respective offices, shall each give a bond to the city in such penal sum as may be prescribed by the common coun¬ cil, with two or more sureties, to be approved by the mayor, condi¬ tioned for the faithful discharge of their duties, which bonds when so approved, shall be filed in the office of the county clerk of the county in which the city is located, where they shall be recorded, as required in the ease of bonds of town collectors. § 81. If any warrant for the collection of taxes, issued by the board of supervisors of a county in which a city is located, shall be delivered to the treasurer, he shall execute an additional bond to the county in such form and in such penal sum to be prescribed » ' by the board of supervisors with two or more sureties, to be ap¬ proved by the board if in session, and if not in session, then by the chairman of the board. 21 1 § 82. The office of the treasurer shall be kept at a place 9 designated by ordinance of the common council, and shall be; kept 3 open for the transaction of business each day in the year, Sun- 4 days and legal holidays excepted, from nine o’clock in the fore- 5 noon until three o’clock in the afternoon, and at such other hoars 6 as the common council may from time to time direct. 7 § 83. The treasurer shall receive and have the care and custody 8 of all the moneys of the city, and he shall pay them out as \ 9 hereinafter provided. All the moneys of the city received 10 by the treasurer shall be deposited by him daily, in two 11 or more banks designated by the board of estimate and 12 apportionment. The interest on such deposits shall belong 13 to the city. No money shall be drawn out of a 14 city depository except on drafts signed by the treasurer and ■> 15 countersigned by the comptroller, and such drafts shall always lg be made payable to the person entitled to receive the money. The / 17 treasurer shall keep a separate account with every department 18 for which funds are specially raised by tax, or for which funds 19 are raised by assessment for local or other improvements; and \ t 2 q in every draft drawn by him he must state particularly against 2 1 which of such funds the draft is drawn, and he shall at no tlmis 22 overdraw any fund, or draw upon one fund to pay a olaim charge- 23 able to another. 24 § 84. The moneys so deposited shall be placed to the credit of 25 the city; and the treasurer shall keep bank books in which shall 26 D. 6 22 1 be entered hi» account of deposits in, and moneys drawn from, the 2 banks in which such deposits shall be made; and he shall exhibit 3 such books to the comptroller for his inspection at least once in * 4 every month, and oftener if required. The banks in which such 5 deposits are made shall respectively transmit to the comptroller 6 monthly statements of the moneys which shall be received and 7 paid out by them on account of the city. 8 § 85. The treasurer shall report to the comptroller, at the end 9 of each day’s business, by items, the moneys received. 10 § 86 . The treasurer shall perform such other duties, not incon- 11 sistent with the provisions of this act or the other laws of the 12 state, as may from time to time be prescribed by ordinances of the 13 common council. 22 BOARD OF ESTIMATE AND APPORTIONMENT. 2 ^ § 96. There shall be a board of estimate and apportionment, which shall consist of the mayor, comptroller, corporation coun- 27 sel, president of the common council and the city engineer, except 2 g that when the number of subordinates or the salaries 2 ^ thereof in the department of any of the members of the 2 q said board, are to be fixed and determined, the treas- urer shall temporarily take the place of the member, 9 2 whose number of subordinates, or the salaries thereof, is under 9 o consideration, for the purpose of fixing said salaries or num- 22 her of subordinates, and for that purpose alone. The mem- 20 bers of the board shall meet upon the call of the mayor or as 20 directed by the board. The mayor shall be president of the board 23 I and the city clerk shall act as the secretary thereof. Before the o fifteenth day of November in each year the board shall cause the Q ° estimates submitted to it as herein provided to be printed, and ^ shall furnish a copy thereof to any taxpayer of the city desiring 0 one; and on that day in each year, or if that be Sunday, then on 6 the next day, it shall meet to consider the estimates; and at such 1 meeting or at any adjourned meeting, while such estimates are 4 under consideration, it shall hear any taxpayer of the city in 9 reference thereto. After such hearings, which must be concluded 1^ in the month of November, it shall make an estimate of the H amounts required to pay the expenses of conducting the business 12 of the city, in each department and office thereof, for the next 13 fiscal year, and also to pay the principal and interest of any city 14 indebtedness falling due during the year. After it has made 15 such estimate, it shall submit it in writing, with such reasons 10 for it in detail as it may have to give, to the common council on 17 or before the next fifth day of December; and on the fifteenth day 18 of December thereafter, or if that be Sunday, then on the next day 19 the common council shall convene and consider such estimate, and 20 it shall hear any taxpayer who wishes to be heard in reference 21 thereto, and after such hearing, which must be concluded on op 22 before the twenty-seventh day of December, it may adopt such 23 estimate as is submitted to it or diminish or reject any item 24 therein contained, except such as relates to the city debt, 25 and adopt the estimate as thus amended; but it shall not 20 increase any item in such estimate for any department, 27 office or purpose. When it shall have adopted the estimate as 24 1 herein provided, the same shall be entered at large in its minutes 2 and published in its proceedings; and the several sums in the / . t \ \ 3 final estimate so adopted shall be and become appropriated for 4 the several departments, offices and purposes named in the estim- 41 - 5 ate for the ensuing fiscal year. It shall not be lawful for the city, 6 or any officer, board or department of the city, to expend, or con- 7 tract to be expended, or to incur any liability, in the current year, 8 for a greater sum than is so estimated for such officer, board or » / 9 department, and so provided for by the common council 10 in the tax levy as aforesaid; but this shall not be held 11 to prohibit the commissioner in charge of the health de- 12 partment in said city from expending such sum, or incur- 13 ring such debts beyond the amount estimated and provided for « t 14 said board as may be actually necessary to prevent the spread of, 15 or to suppress any contagion or infectious disease, or any epidemic 16 in the city. It shall not be lawful for any officer, board or depart- \ ' * . ; 17 ment of the city to make or enter into any contract for work, labor 18 or services, or the hiring of employes, or for the purchase of any V / ' , . p... ■ 19 supplies, materials or apparatus, or the making of improvement* 20 or repairs, which by the terms of such contract involves an expendi- 21 ture of money or liability therefor, which after taking into account 22 the expenditures and liabilities already incurred, shall be in excess 23 of the amount which has been estimated and allowed to such officer, 24 board or department for such purposes by the board of estimate 25 and apportionment of the city, in its annual estimate of the moneys 26 necessary to be raised in said city, and directed by the common 25 1 2 3 '4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 council to be raised bj tax for the current fiscal year In which such contracts shall be made. 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. Any officer, or any member of any board or department of the city, mak¬ ing or voting for any contract prohibited by this section, or auditing any account or claim thereunder, shall be deemed guilty of a mis¬ demeanor, and upon conviction shall be punished by a fine or im- r. % prisonment, or by both, in the discretion of the court before which such conviction shall be had. But, except as may be otherwise provided by law, or by the estimates of the board of estimate and apportionment, when any moneys or revenues are received by any such officer, board or department from any source other than by tax, such moneys or revenues may be used and applied towards and in addition to the funds so estimated and allowed as afore¬ said, in such manner as in the judgment of said officer, board or department may be most beneficial to the city. § 97. The fiscal year of every city shall commence on the first day of January; and on or before the first day of November in each year all heads of departments and officers empowered by this act, 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 depart¬ ments or offices, including a statement of the salaries of all their officers and other employes, which estimates the mayor shall lay d: 26 7 26 1 before tlie board of estimate and apportionment at its first meet- \ 2 ing thereafter. It shall be the duty of the city clerk to keep a journal of all the proceedings of the board of estimate and appor- 4 tionment and of every vote by ayes and noes taken at any meeting thereof. The minutes of each meeting shall be printed in full C within six days after its adjournment and immediately distrib- 7 uted, one to each member of the board and of the common council, 8 one to the head of each department and one to every taxpayer 9 entitled thereto under section four hundred and eighty-two of this 9 ] () act. At the end of the year the printed minutes shall be indexed 11 and bound in adequate number. 12 § 98 . The board of estimate and apportionment has authority 13 to fix the salaries or compensation of all city officers and employes, 14 except as otherwise provided in this act, and except as to such 15 officers and employes as are required to serve without compensa- 10 tion. But the salary or compensation of every officer and employe 17 shall be thus fixed before his election or appointment, except in 18 the first instance after this act takes effect, and shall not thereafter 19 be changed until the expiration of the term for which he was 20 elected or appointed. 21 ARTICLE V. 90 , DEPARTMENT OF PUBLIC WORKS. 23 COMMISSIONER OF PUBLIC WORKS — BOARD OF CONTRACT AND SUPPLY — DA CITY ENGINEER. nSfiS* 25 § 107 . Commissioner of public works.— There shall be a 2(> commissioner of public works, who shall be the head of the de- 1 part me nt of public works. His term of office shall be two years, 2 unless sooner removed by the mayor, and he shall be appointed by 3 the mayor, within ten days after the beginning of each mayoralty 4 term. The commissioner shall appoint, to hold office during his 5 pleasure, a deputy and such other subordinates as may be.pre* 6 scribed by the board of estimate and apportionment. During the T temporary absence or inability of the commissioner, or his suspen- 8 sion or removal from office, his deputy shall discharge the duties of 9 the office. In case of a vacancy in the office of commissioner, 10 such vacancy shall be filled by the mayor, within ten days after 11 its occurrence, and in the meantime and until such appointment 12 shall take effect, the deputy shall act as commissioner. 13 § 108. The commissioner and deputy commissioner shall each 14 give a bond to the city with sureties, for the faithful discharge 15 of the duties of their respective offices, in a penalty to be pre- 16 scribed by the common council, which bond, as to its form, and IT the sureties thereto, shall be approved by the mayor. 18 § 109. The commissioner, subject to the provisions of this act, yg the other laws of the state and the ordinances of the common 20 council, has cognizance, direction and control of the construction, 21 alteration, repair, care, paving, flagging, lighting and improving 22 streets, ways and sidewalks; of the construction, alteration and 23 repair of all city buildings, and of all docks and bridges, belong- 24 ing to the city; of all public sewers and drains in the city; of the construction, maintenance/extension and repair of the city water JmJ D * 4 9(5 works; and ha-s the care, superintendence and management of all 27 grounds belonging to the city. But in the exercise of his powers » ' / ■ 1 and the discharge of his duties, he shall make no expenditure 2 nor shall he create any debt against the city, unless he be author- 3 ized so to do by 'the general or special ordinances of the common 4 council. 5 § 110. It is also the duty of the commisisioner to appoint, to t> hold office during his pleasure, within thirty days after his ap- 7 pointment, in the first instance, after this act shall take effect, • \ . 8 and thereafter when a vacancy shall occur, a superintendent of 9 water works, and to see that the city has an abun- 10 dant supply of wholesome water for public and private 11 use; to devise the plans and sources of water supply; 12 to plan and supervise the distribution of water through the city; 13 to protect it against contamination; to prescribe rules and regu- ♦ » 14 lations for its use, which, when ratified and approved by the 15 common council, shall have the same force and effect as an ordi* 10 nance by the common council enacted. He shall have power, with 1 < the assent of the board of estimate and apportionment, to establish 18 rates of rents to be charged and paid annually for the supply of 19 water, or for the benefits resulting therefrom, to be called “ water % 20 rents,” apportioned to the different classes of buildings in said 2L city in reference to their dimensions and the ordinary uses of 22 water for the same and to vacant lots, as may be practicable, and, 23 from time to time, to modify and amend, increase or dimin- N 24 ish such rates and to extend them to other descriptions of buildings, . , 25 lots, establishments and uses. He shall also have power, with like ** . • _ 26 assent, to establish rates for the use of water in buildings, estab- 29 1 lishmenta, trades and other purposes which consume water beyond 2 the quantity required for ordinary purposes, and may require the 3 payment to him, in advance, of the rates thus established, before 4 permission to use such extra quantity of water shall be given. 5 The regular water rents shall be collected from the owners of all 6 lots and buildings which shall be situated upon any street or avenue V * »• . v 7 in which the distributing pipes are now or may hereafter be laid 8 and from which such lots and buildings can be supplied with water; 9 and such regular rents, as well as the amounts due and unpaid 10 for the introduction and measurement of the supply of water to 11 such lots and buildings, shall be, like other taxes of the city, a lien 12 and charge upon such lots and buildings as herein provided. All 13 special rates for the use of water shall be paid to the said commis- • *. i • 14 sioner, who shall daily report and pay the amount thereof to the 15 city treasurer. It shall be the duty of the said commissioner in 16 the month of August in each year to make out a list lor roll for 17 each ward or assessment district of the city, similar to the rolls 18 made out by the department of assessment and taxation, and, in 19 which, among other things, he shall set out the amount of regular 20 water rent assessed upon each lot, part of lot or building, and 21 all amounts remaining due and unpaid on the first day of August 22 in each year for the introduction and measurement of the supply 23 of water; and it shall be his duty to complete such roll on or before 24 the first day of September in each year. He shall then cause 25 notice to bo published in the official newspapers, for at least three 26 D. V • 8 BO 1 days, of a time and place at which hearing shall t>e given to those 2 who desire to examine the said rolls and to present their grievances; 3 and after such hearing, which shall be on at least two different 4 days, he shall correct said rolls, if need be, and shall certify the 5 same,to the common council. The common council shall thereupon, i 6 and on or before the fifteenth day of October in each year, direct 7 by ordinance the levying of such 'water rents upon the property 8 described in said rolls and the amounts appearing thereon shall 9 be extended in a separate column upon the assessment-rolls of the 10 city and shall be levied, collected and enforced at the same time 11 and in the same manner as is provided for the collection of other 12 taxes in the city. 13 § 111. It is also the duty of the commissioner to appoint, to 11 hold office during his pleasure, within thirty days after his ap- 15 pointment, in the first instance, after this act shall take effect, 1G and thereafter when a vacancy shall occur, a superintendent of 17 parks, who shall have, under the direction of the commissioner, the 18 care, management, custody and control of all the parks of the city, 19 and of the streets passing through or intersecting the same, and f • ' . 20 all the shade trees of the city. Subject to the direction of the com- 21 missioner and to the ordinances of the common council, he shall 22 prescribe the powers and duties of the subordinates. Subject 23 to the ordinances of the common council and the direction of 24 the commissioner, he shall have the expenditure of all the 25 money apportioned to this branch of the department by the ac- 2G tion of the board of estimate and apportionment and of the 1 2 3 4 o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 99 4—- -W 23 24 25 26 81 common council as in this act provided. He shall keep an account of such expenditures and prepare bills against the city in items for the same, in such form, with such verification and vouchers ais may be prescribed by the comptroller, and such bills shall be 'submitted to the comptroller, and, when finally audited, as in this act provided for other city claims, shall be paid by the city treasurer as provided in the case of other claims against the city. The superintendent, under the direc¬ tion of the commissioner, may employ all the laborers needed upon the parks and streets above mentioned, and shall fix their wages, subject to the approval of the commissioner and the board of estimate and apportionment, and he may, in his dis- cretion, make all the ordinary repairs and improvements upon % the parks and such streets, subject also to the direction of the commissioner and to the approval of the board of estimate and apportionment. He shall conduct, with the aid of the corpo¬ ration counsel, all negotiations and proceedings for the acqui- w sition of lands for any park, or for any addition to any park, when the acquisition of such land shall have been authorized by an ordinance passed by the affirmative vote of at least three- fourths of the members elected to the common council; and when such lands shall have been acquired he shall regulate and improve the same for park purposes. He shall also make such rules, regulations and ordinances, not inconsistent with the ordinances of the common council and the laws of the state, as he may deem proper for the government, management and 1 2 3 4 5 6 T 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 care of any park, and of the streets in and through the same, and of such other streets, being approaches to the park, as may be designated by ordinances of the common council as park- ways, and such rules, regulations and ordinances, when ap¬ proved by the common council, shall have the force and effect of city ordinances. He shall also have such other powers and be charged with such other duties not inconsistent with the pro¬ visions of this act and the other laws of the state, as the com- missioner may direct or as the common council may, by ordi¬ nance, define and prescribe. BOARD OF CONTRACT AND SUPPLY. t . § 120. There shall be a board of contract and supply composed of the mayor, comptroller, commissioner of public works, corpora¬ tion counsel and city engineer, which board shall be a bureau in the department of public works. It shall be the duty of such board after public notice, and in accordance with regulations to be prescribed by general ordinances of the common council, to let to t^ie lowest bidder, who will give adequate security for the performance of his contract, all contracts for the perform¬ ance of any work, service or for the supply of any materials for the department of public works, department of of public safety, *) department of public instruction, department of charities and correction of the city in all cases where the work and materials will cost to exceed two hundred dollars, unless by an ordinance passed by a unanimous vote of the common council and by the unanimous approval of 83 1 the board of estimate and apportionment, it is determined to be 2 impracticable to procure the work or materials by contract. The 3 public notice above mentioned must describe the work and mater- 4 ials for which contracts will be let at the next meeting of the board, 5 and the day and hour and place of such meeting. Specifications 6 for every public improvement must be prepared and set forth with 7 such details as will adequately inform all persons proposing to bid, 8 of the nature of the work to be done and of the materials to be sup- # - 9 plied and the same shall be printed and copies thereof shall be 49 delivered to applicants therefor. But nothing herein, excepting 44 the letting of contracts, shall interfere with the duty and authority 42 of the commissioner of public works and! of the department of parks. 43 § 121. Every contract for public improvement within the city 44 shall be based upon estimates of the whole cost of such improve- 45 ment furnished by the proper officer, board or department having 46 charge of the improvement. No contract shall be let except after 47 the receipt of bids, and no bids shall be received at any other time 48 than at a regular meeting of the board, and unless they conform to 49 the rules of the board and the general ordinances of the common 20 council. All bids must in addition be endorsed with the title of the 21 work to which they relate, the name of the bidder and his residence. 22 23 24 25 26 § 122. It shall be the duty of each member of the board to be pre¬ sent at the time and place mentioned in the public notice referred to in section one hundred and twenty. After all the bids have been 4 \y ✓ presented, but not until an half hour after the time stated in the 34 1 public notice for holding the meeting, all bids shall be opened by % some member of the board -or by the clerk, in the presence of the \ i \ \ $ bidders and newspaper reporters there present, though a ma- 4 jority be not then present, and an abstract of all of them, 5 with the prices and security offered, shall be immediately copied <3 in a book kept for that purpose without any change, correc- tion or addition whatever. All bidders and reporters of 8 accredited newspapers shall have the privilege of being present 9 when the bids are opened. The board may refuse all bids received jq at any meeting and advertise again for new bids, to be received at 11 another meeting as above prescribed. 12 § 123. All the oil, gas and electric lights of the city shall be i 13 supplied pursuant to section one hundred and twenty of this act, 14 and under and pursuant to contracts to be let by the board 15 of contract and supply, which contracts shall cover and include * 16 the lighting and supplying of the lamps and the oil, gas, electric 17 currents, the cleaning of the lamps and all the materials required 18 in the use and repair thereof. The specifications for bids for the 19 care, maintenance and lighting of the city electric lamps shall 20 provide for the care and lighting thereof for a period not exceed- 21 ing five years. They shall require each bidder to f s 22 furnish- with his bid a certified check, payable to 23 the order of the treasurer of the city, in the sum 24 of ten thousand dollars, which sum shall be forfeited to the t - V 25 city in case the bidder depositing the same shall be awarded the con- 35 i t 1 tract and shall not execute the same and furnish the bond require#, 2 which bond shall be in the penalty of fifty thousand dollars. In 3 case the contract be not awarded to the bidder, or if awarded, •* 4 the contract and bond shall be duly executed, such check shall 5 be returned to him. 3 § 124. The board of contract and supply shall appoint a clerk, 7 to hold office during its pleasure, whose duty it shall be to keep a 8 full journal of all the proceedings of the board, including every 9 v r ote thereof by ayes and noes. The minutes of each meeting of the 5 0 board shall be printed in full within six days after its adjoum- 11 ment and distributed immediately, one copy to each member of the 12 board, and of the common council, one to the head of each depart- 13 ment and one to every taxpayer entitled thereto under section 24 four hundred and seventy-two of this act. At the end of each year 15 the printed minutes shall be indexed and bound in adequate 20 number. 17 CITY ENGINEER. 18 § 132. There shall be a city engineer, to be appointed by the 19 mayor, and to hold office to the end of the term of the mayor 20 appointing him, unless sooner removed by the mayor, whose 21 office shall be a bureau in the department of public works. 22 lie shall be a civil engineer of at least five years’ practical 23 experience in his profession. It shall be his duty to perform all 24 the ordinary engineering and surveying services needed in the ji 5 affsirs and business of the city, and to supervise, under the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 general directions of the commissioner of public works, all th« work done for the city in which the skill of his profession may be required or useful. He shall act as the superin* tendent of public buildings, bridges, docks and wharves, under such regulations as may be prescribed by ordinances of the common council, and under the direction of the commissioner of public works. He shall employ such subordinates to serve during his pleasure, and shall have such other assistance as the # board of estimate and apportionment shall prescribe. STREETS. § 142. Except as otherwise provided In this act, the other laws of the state, or by ordinances of the common council, the * commissioner of public works has over the streets within the city % t all the jurisdiction, and is charged with all the duties of com* missioners of highways within the towns of the state. § 143. Whenever the common council shall contemplate the / discontinuance of any street, it shall publish a notice for ten days in the official newspapers of the city of its intention to do so, and that all persons interested in the street may be heard in reference thereto at a time stated in such notice. If it shall determine to discontinue the street and any person shall claim to be damaged by such discontinuance, the damages of such person, unless agreed upon between him and the commissioner of public works, subject to the written approval of the board of estimate and apportionment, must be ascertained and determined in the man- i 37 T 2 ner provided in the condemnation lhw. But an ordinance dis- 2 continuing anj street shall require the affirmative vote of three- 3 fourths of the members elected to the common council. 4 § 144. Every street that shall not have been traveled or used g 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 *1 been dedicated to the use of the public or laid out shall cease to be 8 a street; but the period during which any action or proceeding 9 shall have been or shall be pending in regard to any such street |0 shall form no part of such six years. 11 § 145. All lands which shall have been used by the public as a 12 street for twenty years or more shall be a street with the same 13 force and effect as if it had been duly laid out and recorded as such. ‘i 14 § 146. Whenever the common council shall contemplate the 15 opening and laying out of a new street, or the alteration of an 16 existing street, or the improvement of a street, it shall require the 17 commissioner of public works to make a survey and description of 18 the proposed street, or alteration, or improvement, and the prop- 19 erty deemed to be benefited thereby and liable to assessment there- 20 for, and to file the same in his office, and it shall then cause a 21 notice to be published once a week for three successive weeks in the 22 official newspapers of the city describing the street to be opened, or 28 the alteration, or improvement to be made, and the property 24 deemed to be benefited thereby, and liable to assessment therefor as 25 d: 10 38 2 hereinafter provided, and naming the time when all persons inter- » 2 ested can be heard in reference to such opening, alteration or im- g provement, and if, after hearing such persons, it shall determine to * . 4 open the proposed street, or to make the proposed alteration, or im- 5 provement, it shall pass an ordinance to that effect, which ordinance 0 must have the affirmative vote of three-fourths of all the mem- 7 bers elected to the common council, unless a majority of the owners S of property liable to be assessed for the opening, altering or im- 9 proving the street shall petition therefor. • " * 20 § 147. Any person conceiving himself aggrieved by an ordinance 11 of the common council opening, altering, discontinuing or improv- 12 ing a street may appeal therefrom to the board of estimate and 13 apportionment by serving upon the commissioner of public works 14 within ten days after the passage of such ordinance a written 15 notice of appeal. After the service of such notice, the board shall 16 give notice of the time and place for hearing such appeal by pub- lishing a notice for at least five days in the official newspapers of 18 the city. Upon the hearing of such appeal the city judges shall 19 take the place of the mayor and president of the common council 20 as members of the board. The city clerk shall place before the 21 board all the papers relating to the street which were before the 22 common council at the time of its action; and the board shall 23 receive such other papers and such affidavits as may be presented 24 to it on behalf of the appellant or the city; and after hearing the 3 >K appeal, if it shall affirm the action of the common council, its i - y * i 1 determination shall be final; if it shall reverse such action and set 2 aside the ordinance appealed from, then no new proceeding to 3 open, alter, discontinue or improve the same street shall be insti* 4 tuted within two years. 5 § 148. The expense of opening or altering a street shall be 6 borne by the real estate benefited thereby, which expense 7 shall be assessed and apportioned by the city assessors 8 upon and against such real estate in proportion to benefits, 9 within the district of benefits determined by the board of estimate # » 10 and apportionment. Any expense of improving a street shall be 11 assessed upon the property abutting upon the street upon which 12 the improvement shall be made in an equitable manner, as near as 13 may be in proportion to the benefits which each owner of such / 14 property may derive therefrom, without reference to any improve- 15 ments already thereon. 16 § 149. The commissioner of public works may acquire for the 17 city, land needed for the opening of a new street, or for the altera- 18 tion of a street, by gift, or by purchase at a price approved by the 19 board of estimate and apportionment, or by condemnation pro- 20 ceedings conducted under the condemnation law. 21 § 150. When a street has once been established, graded, paved, \ 22 flagged and curbed at the expense of the owners of property 23 deemed to be benefited thereby, every expense thereafter of keep- 24 ing the street between the sidewalks in repair and clean shall be 25 borne wholly by the city, except that it shall be the duty of all 26 railroad companies to cause that part of the streets throughout 1 the city upon which their tracks are laid, lying between the outer 2 rails of the tracks and for two feet on either side thereof, to be kept 3 in repair under the direction of the commissioner of public works. 4 § 151. The owners of lots abutting on a street may be required 5 by city ordinances and under regulations and conditions specified 5 in such ordinances to keep the sidewalks in front of such lots in ij repair and clear of snow and ice. 8 SEWERS. 9 § 161. Whenever the common council shall contemplate the IQ building of any sewer, it shall require the commissioner of publib 11 works to cause plans and estimates of the cost thereof, and a 12 description of the property deemed to be benefited thereby and 13 liable to be assessed therefor, to be prepared, which plans, esti- 14 mates and description shall be and remain on file in his office. It 0 15 shall then publish a notice in the official newspapers of the city 16 for twenty days, of the time when it will hear all persons inter* 17 ested in the construction of the sewer; and after such hearing it 18 shall determine whether the contemplated sewer shall be con- 19 structed; and in case it shall determine that the same shall be 20 constructed, it shall further determine the plans thereof. 21 § 162. The expense for the construction of a sewer shall be borne 22 by the real estate to be benefited thereby, which expense shall be * , , 23 assessed against and apportioned to such real estate by the city * 24 assessors, as herein provided, within a district of benefits to be 25 determined by the board of estimate and apportionment. 41 1 § 163. If any real estate within or without the city shall be 2 needed for the construction of any sewer ordered by the common 3 council as above provided, it may be acquired by the commissioner 4 of public works, by gift, or by purchase, for a price approved by * t the board of estimate and apportionment, or by condemnation 6 proceedings conducted on behalf of the city under the condemna- * • 7 tion law. 8 § 164. When any expense of the construction of a sewer is to be * 9 assessed against real estate to be benefited thereby, unless the 10 owners of a majority in lineal feet of the real estate along the \ 11 sewer shall petition for the construction of the sewer, its construc- 12 tion shall not be authorized except by a vote of three-fourths of 13 the members of the common council. 14 ARTICLE VI. 15 DEPARTMENT OF PUBLIC SAFETY. j;0 POLICE DEPARTMENT — FIRE DEPARTMENT — HEALTH DEPARTMENT. 17 Section 174. Police department.— There shall be a commis- \ 18 sioner of public safety appointed by the mayor within ten days 19 after the beginning of every mayoralty term. He shall have 20 charge of and supervision over the police department and shall 21 hold office for two years unless sooner removed by the mayor. \ . - 22 The commissioner shall appoint when a vacancy shall 23 occur, a chief of police, to hold office during good 24 behavior, or until by age or disease he becomes per- 25 manently incapacitated to discharge his • duties, and such 26 D. 11 42 3 other subordinates to hold office during his pleasure as may be 2 prescribed by the board of estimate and apportionment. In case 3 of a vacancy in the office of commissioner of public safety, the 4 mayor shall, within ten days, fill the vacancy by appointment for 5 the remainder of the term. The commissioner of public safety 6 and the chief of police shall each give a bond to the city with 7 sureties, for the faithful discharge of the duties of their respective 8 offices, in a penalty to be prescribed by the common council, .9 which bond, as to its form and the sureties thereto, shall be < . . 10 approved by the majmr. 11 § 175. The commissioner shall appoint a clerk, to hold office dur- 12 ing his pleasure. It shall be the duty of the clerk to attend 13 at the office of the commissioner and keep, under his direction, 14 all the records and papers relating to the police department; and % 15 the clerk shall have authority to administer oaths and take affida- 16 vits in all matters and proceedings pertaining to the department. 17 The commissioner shall also cause a record to be kept of all hi* 18 official acts, which must at all times be open to the inspection of 19 the mayor, and, so far as compatible with the public interests, also, 20 at all proper times, to the inspection of any resident of the city. f 2 : §176. The commissioner shall make rules and regulations, not in- 22 consistent with the provisions of this act, the other laws of the state k * t ^ 23 or the ordinances of the common council, for the government, 2 1 direction, management and discipline of the police force. 25 § 177. The police force shall, as to its component parts, remain 43 1 in each city as now constituted until the same shall be changed 2 by the action of the common council thereof, which has power, 3 at all times, by ordinance, to determine the number of the mem- 4 bers of the police department, and the classes or grades into 5 which they shall be divided, but the number of members of the 6 police department shall not be increased without the approval of 7 the board of estimate and apportionment by a resolution adopted 8 by at least four affirmative votes of said board. 9 §178. The commissioner has authority to appoint, as vacancies in 10 the police force occur, or as the ordinances of the common council 11 may require, all the members of the police force, and at all times 12 to classify and distribute them into grades to conform to such 13 ordinances; and under such ordinances he may appoint and 14 assign to duty temporary or special members of the police force 15 for such time of service and upon such term* and conditions as 16 such ordinances may specify, and with the same powers as the 17 regular members of the police force, except as limited in such 18 ordinances. _9 § 179. No person shall be appointed to membership in the police 20 force of the city, or continue to hold membership therein, who is 21 not a citizen of the United States, who is not of good moral char* % 22 acter, who Jias ever been convicted of any crime, who can not 23 understandingly read and write the English language, or who shall not have resided in the city during the two years next pre- 2 g ceding his appointment. 44 1 § 180. All the members of the police force, subject to the power 2 of removal hereinafter specified, shall hold their respective offices 3 during good behavior, or until by age or disease they become per- 4 mianently incapacitated to discharge their duties. 5 § 181. The members of the police force, excepting the surgeons, 6 in criminal matters, have all the powers of constables under the 7 general laws of the state; and they also have power and it is their ' i S duty to arrest any person by them found violating any of the penal v 9 ordinances of the city or laws of the state, and to take such person 10 before the proper city magistrate, to be dealt with in the same 11 manner as if such person had been arrested upon a warrant there- 12 tofore duly issued by such magistrate. It shall be their duty 13 to report violations of law and ordinances, coming to their knowl* 14 edge in any way, under regulations to be made by the commissioner 15 to give effect to this provision. They shall also have in every part of 16 the state in criminal matters all the powers of constables; and any 17 warrant for search or arrest issued by any magistrate of the state / 18 may be executed by them in any part of the state, according to the 19 tenor thereof, without indorsement and all the provisions of seo- *0 tions seven, eight and nine of chapter two, title two, part four of 21 the revised statutes apply to the cases of arrests made as herein 22 authorized. ' < 23 § 182. All criminal process for any offense committed within the 24 city, and all process to recover or to enforce *any penalty for the / 25 violation of any city ordinance issued out of any court or by any ■ 26 magistrate within the city, and every process, subpoena or bench 45 1 2 3 4 5 0 hr l 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 warrant issued by the district attorney of the county in which the city is situated relating to any offense within the city, and every process, subpoena or warrant issued by any coroner of such county in any inquest held in the city relative to the death of any person, may be served by the members of the police force. § 183. The chief of the police department has power, and it is his duty to see that all rules and regulations of the commissioner are enforced and carried out, to commit any person charged with a criminal offence until an examination shall be had before the proper magistrate; and he is empowered to administer oaths and to take affidavits in all matters pertaining to his duties under this act, or relating to the police department, and to perform such other duties not inconsistent with the provisions of this act as may be delegated to him by the commissioner. § 184. If a charge be made by any person against any mem¬ ber of the police force, that he is incompetent, or has been guilty of neglect of duty, misconduct in his office, or of con¬ duct unbecoming a police officer, the charge must be put in writing, in the form required by the rules of the police depart¬ ment, and a copy thereof must be served upon the accused officer It is then the duty of. the commissioner to hear, try and de¬ termine the charge according to the rules of the police depart¬ ment. The accused officer has the right to be present at his trial, and to be heard in person and by counsel, and give and furnish evidence in his defense. All trials shall be open to the public. D. 12 46 V 1 The commissioner has power to issue subpoenas attested in his ^ name to compel the attendance of witnesses upon any proceeding 3 authorized by the rules and regulations of the police 4 department, and any person duly served with a sub- 5 poena is bound to attend in obedience to the com- 6 mand thereof; and the commissioner has the same authority to 7 enforce obedience to the subpoena, and to punish for disobedience S thereof, as is possessed by justices of the peace in like cases. If 9 the accused officer shall be found guilty of the charge made 10 against him, the commissioner may order his suspension from pay 11 for some definite time, or impose upon him a fine not exceeding fifty dollars, or reduce his grade, or dismiss him from the police force, 13 or subject him to any other discipline prescribed in the rules of the 11 police department which is not inconsistent with the provisions 15 of this act or with other laws of the state. The decision of the 16 commissioner shall be final and conclusive and not subject to 17 review by any court. • | IS § 185. Any police pension fund now existing in any city or here¬ to after created under the rules and regulations of the police de- 2 u partment, or under ordinances of the common council, shall be 21 maintained, managed and controlled by the comptroller of the 22 city, under the rules and regulations prescribed by city ordi- 23 nances, and he shall be the trustee of the fund for the purposes 24 of its creation; and the rights of all persons in any pension fund . .*• *. 25 now existing shall remain unimpaired by this act. 20 § 186. The mayor being charged to take care that the laws of 27 the state and the ordinances of the common council and of the 47 1 commissioner in ' charge of the health department be duly ^ executed within the city is empowered to control and 3 direct the police department for this purpose; and in 4 case of riot or insurrection, he may take command of the whole 5 police force, including the chief executive officer thereof, and he 6 may for the occasion appoint and commission as many special 7 policemen as he may deem necessary, who shall have all the 8 powers of regular members of the police force. ^ § 187. No member of the police department is liable to" military or jury duty, or to arrest on civil process, or to service of subpoena 11 from civil courts, while actually on duty, nor shall he hold any - ~ other office or be employed in any other department of the city 13 government. 14 § 1S8. All appointments to membership on the police force 15 shall be made pursuant to the civil service laws of the state, and 16 in case of any vacancy in the police force, the same shall be filled 17 ' from a list of persons eligible to appointment under such laws. « § 189. No officer or member of the police department shall be a 19 member of or delegate to any political convention, nor shall he ^ be present at any such convention except in the performance of -1 duty relating to his position as such officer or member. Any violation of these provisions shall work a forfeiture of his office 2 3 ir position, and it shall be the duty of the mayor to dismiss him 84 <- rom 0 ffi ce or position, and enter of record the cause of such J J.smissal. 85 48 1 2 3 4 5 6 r* i 8 1 1 12 13 1 i i 5 17 18 10 20 oo -w 23 25 § 190. It is unlawful for any officer or member of the police department to solicit any person to vote at any political caucus « primary or election for any candidate, or to challenge any yoter, or in any manner to attempt to influence any voter at any political caucus,primaryoratanyelection,ortobea member of any political . * committee; and any person violating the provisions of this section shall forfeit his position under the city government. § 191. In addition to the provisions herein contained, the com- mon council may make any ordinances, not inconsistent with thl» act or the other laws of the state, for the government of the police ♦ department, and for regulating the powers and duties of its officers and members. § 192. All officers and members of the police department, <\' when this act takes effect, shall remain and continue in their respective positions until their positions shall become vacant by death, resignation or by removal under procedure hereinbefore set forth. ♦ FIRE DEPARTMENT. i A \ . ' ' \ § 201. The commissioner of public safety shall have charge of and supervision over the fire department. § 202. The fire department in each city shall, as toits component j parts, except the head thereof, remain as now constituted until the same shall be changed by the action of the common council, which shall at all times have authority, by ordinance, to determine the number and grades of all officers and members of the depart- i 26 ment. i i 49 J § 203. The commissioner shall appoint, when a vacancy shall oc- 2 cur, a chief of the fire department, who shall hold office during good • y 3 behavior, or until by age or disease he becomes permanently inca- ' 4 pacitated to discharge his duties, and such other subordinates, to 5 hold office during his pleasure, as may be prescribed by the 6 board of estimate and apportionment, and all the officers and 7 members of the department as vacancies may occur or the or- g dinances of the common council require or determine; and all 9 the officers and members of the department shall, except as here¬ to inbefore specified, and subject to the power of removal herein- H after specified, bold their respective places during good behavior 12 and so long as they are competent to discharge the duties there* 13 of, subject to the power of the common council to abolish any 14 office or to diminish the number of members. It shall be the 15 duty of the chief, subject to the direction and control of the 16 commissioner, to perform such services as may be delegated or 17 directed bv the commissioner. 18 § 204. Any officer or member of the department may be removed 19 by the commissioner upon charges affecting his conduct or charac- 20 ter or his competency or capacity to discharge his duties, after a 21 hearing upon such charges or an opportunity to be heard after \ 22 notice thereof. The trial upon such charges shall be publicly con- 23 ducted, according to rules and regulations adopted and promul- 2 i gated by the commissioner; and for the purpose of such trials, the 25 D. 13 50 1 commissioner may issue subpoenas for witnesses and compel their 2 attendance. In case an officer or member is found guilty upon 3 charges affecting his conduct or character, instead of removing * 4 him, the commissioner may, in his discretion, suspend him from 5 pay in the department for some definite time, or impose upon him 6 a fine not exceeding fifty dollars. The decision of the commis- 7 sioner shall be final and conclusive and not subject to review by 8 any court. , 9 § 205. Any pension fund for the benefit of members of the fire 10 department, now existing, or hereafter created by law and the 11 rules and regulations of the department based thereon, shall be 12 maintained, managed and controlled by the city comptroller, 13 under such rules and regulations. He shall be the trustee of the 74 fund for the purposes for which it was created, and the rights 15 of all persons in any pension fund now existing shall remain 16 unimpaired by this act. - / 17 § 206. The commissioner has the control and management of all 18 the apparatus, property and buildings furnished for the department 79 or appertaining thereto; and he has the general direction of the 20 expenditure of all the money appropriated to the department, as 27 herein provided. When the commissioner declares that any 22 real property or building is needed for the department, re- 23 quiring an expenditure of over five hundred dollars, he 24 must report the facts concerning such need to*the common council, 25 which may by ordinance give authority for the purchase of the 1 2 3 4 5 6 5*7 4 3 9 10 11 12 13 14 15 16 17 18 19 20 21 -OO 23 24 25 . 26 51 1 property, or the erection of the building by contract, to be let by the board of contract and supply, as heretofore provided, unless the common council and board of estimate and apportionment shall, by a unanimous vote, declare it impracticable to purchase the material or to do the work authorized in that way, in which case the fire commissioner may make the purchase and do the work, using his own judgment. § 207. All officers and members of the fire department when this act takes effect, shall remain and continue in their respective positions until their positions shall become vacant by death, re¬ signation, or by removal under the procedure hereinbefore set forth. DEPARTMENT OF HEALTH. § 220. The commissioner of public safety shall have charge of and supervision over the department of health. < . ^ * § 221. The commissioner of public safety shall appoint, within thirty days after his appointment, in the first instance, and thereafter when a vacancy shall occur, a health officer, who shall be a doctor of medicine duly licensed under the laws of this state to practice as a physician and surgeon, and who has had at least ten years’ practice as such. He shall hold his office during good behavior, or until by age or disease he become perma¬ nently incapacitated to discharge his duties. Every vacancy in such office shall be filled by the commissioner for the remainder of the term. The commissioner shall exercise all the powers and be charged with all the duties conferred upon or required of 1 local boards of health by the laws of this state, so far as the same § pertain to cities, with the exceptions, limitations and additions 3 herein contained. 4 § 222. Any person aggrieved by an order, decision or direction 5 of the health officer, may appeal therefrom to the commissioner, 6 who may affirm, reverse or modify the order, decision or direction T 7 appealed from. Such appeal must be made by serving on the 8 health officer a written notice of appeal within two days, Sun- 9 days and legal holidays excepted, or within such further time / 20 as shall be allowed by the commissioner after the appellant 11 receives notice of the order, decision or direction appealed from. 12 Within two days after receiving such notice of appeal, Sunday® 13 and legal holidays excepted, the health officer shall make & 14 written return to the commissioner of the facts and of the evi- 15 dence on which such order, decision or direction is founded. Upon 16 receipt of such return, or if no return be made within the time 17 specified, the commissioner shall forthwith proceed to hear and 18 determine the matter. Upon such appeal the commissioner need ] 9 not be confined to the evidence contained in the return, but in his 20 discretion may take additional evidence. Until the decision of the 21 appeal be made, the order, decision or direction appealed from 22 shall be suspended. In case of failure tio sustain the appeal, the 23 commissioner may, in his discretion, impose costs not exceeding 24 ten dollars upon the appellant. 25 § 223. The health officer by the authority and under the direction 26 of the commissioner, may appoint a deputy and employ such ex- 1 perts in the sciences or arts relating to health, and employ such 2 other persons as may be needed; and as the commissioner may 3 authorize to assist him in the discharge of his duties and to v carry 4 into effect his decisions, orders and directions, and the powers t \ g vested in him by this act, subject to the approval of the board of 3 estimate and apportionment. The deputy and experts, and other y persons so employed, shall serve during the pleasure of the ✓ ■ g health officer and under his direction, and the direction of the ( • - 9 commissioner, but their compensation shall be fixed by the a 20 commissioner of health, subject to the approval of the board of 11 estimate and apportionment. 12 § 224. The health officer has authority and it is his duty to make 13 inspection and to advise as to the proper heating, ventilation and £4 drainage of public buildings under the control of the city or any 15 of its departments, and in case any such building is in use or in 10 process of erection without, in the opinion of the health officer, 17 proper arrangements for heating, ventilation or drainage, he 18 has power, subject to the right of appeal herein provided, to stop 19 the use or the erection of such building, to direct such arrange* 20 ments to be made and to restrain further work upon the bnild* 21 ing until they are made. 22 § 225. All plans for public sewers and drains shall be sub- 23 mitted to the health officer for his approval before contracts are 24 let for the construction of the same, and in case of his refusal to 25 approve the same such drains and sewers shall not be constructed 26 D 14 54 1 unless on appeal to the commissioner of health he shall approve 2 the same. 3 § 226. The commissioner shall divide the city into not less than 0 4 two nor more than seven districts, to he known as health districts* V 5 and shall file with the city clerk a written designation of such dis» 6 tricts; and he may from time to time alter such districts by filing 7 with the clerk a written designation of such alteration. 8 § 227. The commissioner shall appoint to hold office during higf 9 pleasure, a health physician for each of such districts, who shall 10 perform such duties as he may direct or prescribe. Their com¬ il pensation shall be fixed by the commissioner subject to § 12 the approval of the board of estimate and apportionment. The 13 deputy health officer and health physicians shall render medical 14 services to indigent sick persons under the direction of the health 15 officer and of the proper poor officers of the city, whether such sick 40 persons are or are not inmates of alms-houses, hospitals or other \ 17 public institutions of the city. 43 § 228. The commissioner is authorized, under the advice of the 19 corporation counsel, in the name of the city, to maintain actions to 2 ,) restrain the threatened performance of any act contrary to it» 9 ] orders, directions, decisions or ordinances and to restrain and 29 abate nuisances; and for the purpose of obtaining a temporary 23 injunction in any such action no undertaking shall be required. 9 j_ § 229. In case of great and imminent peril to the public health 2 - of the city by reason of impending pestilence, it shall be the duty 20 of the commissioner, with the sanction of the common council, if it 55 1 be practicable, to convene that body for promplj action, or if not, 2 when approved by the board of estimate and apportionment, to 3 take such measures, and do, order, or cause to be done, such act*, ✓ ' ■ - A ‘ J 4 and to make such extraordinary expenditures in excess of the sum 5 appropriated to the department of health, as in this act provided, 6 for the preservation and protection of the public health as he may 7 deem necessary and proper. Such peril to public health shall be 8 deemed to exist only when and for such period as the eoinmis- 9 sioner and Uie board of estimate and apportionment by unanimous 10 vote shall determine and by proclamation declare. 11 § 230. Any officer or member of the department may be removed 12 by the commissioner upon charges affecting his conduct or char- 13 aeter or his competency or capacity to discharge his duties, after * 14 a hearing upon such changes or an opportunity to be heard after 15 notice thereof. The trial upon such charges shall be publicly 16 conducted, according to rules and regulations adopted and 17 promulgated by the commissioner; and for the purpose of such 18 trials, the commissioner may issue subpoenas for witnesses and 19 compel their attendance. In case an officer or member is found 20 guilty upon charges affecting his conduct or character, instead 21 of removing him, the commissioner may, in his discretion, bus- 22 pend him from pay in the department for some definite time, or 23 impose upon him a fine not exceeding fifty dollars. The decision 24 of the commissioner shall be final and conclusive and not subject 25 to review by any court. 1 § 231. The public health law, so far as it pertains to cities, shall 2 be applicable to cities of the second class, except as herein ex- 3 pressly modified. 4 ARTICLE VII. 5 DEPARTMENT OF PUBLIC INSTRUCTION. 6 § 240. The department of public instruction shall continue as 7 provided by law. 8 § 241. The commissioners may appoint, to hold office during 9 pleasure, such subordinates as may be prescribed by the board 10 of estimate and apportionment. In case of vacancy in the office 11 of commissioner of education, the mayor shall, within ten 12 days, fill the vacancy by appointment for the remainder of the 13 term. 14 § 242. The commissioners shall appoint a suitable person • . 15 superintendent of schools in the city, who shall exercise the j 10 powers and discharge the duties hereinafter defined, and shall 1^ be allowed such compensation for his services as the 18 commissioners may determine. They shall also appoint, 19 from time to time, such other employes, including teachers i ! 20 and attendance officers as the school system may require, 21 and fix the amount of their compensation. They shall have the 22 care, custody and safe keeping of all school property, real and 23 personal; and shall make rules and regulations for the gov- 24 eminent of the schools and its employes except as hereinafter 25 provided; prescribe courses of study and text-books; supply the 26 requisite text-books and stationery for the use of indigent pupils; 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 i 9 -; >■** —w 23 2 l j 25 2 5 57 provide the several schools with the necessary school apparatus, maps and music-books, the expense thereof to be defrayed out of the school moneys of the city. § 243. The commissioners shall have ail the powers and are charged with ail the duties of commissioners of common schools, and of trustees of the several school districts in this state, under the general statutes relating to common schools, so far as such powers and duties can be made applicable to the schools herein •• provided for, and are not inconsistent with the provisions of this riCt. § 244. The superintendent of schools shall hold office during &ood behavior, or until by age or disease he become permanently in- capacitated to discharge his duties of the commissioner. Any person may prefer charges of incompetency, maladministration or misconduct in office against the superintendent, and thereupon the commissioners shall proceed to hear the charges, and in case the same shall be sustained the superintendent may be dismissed from his office. The decision of the commissioner shall be final and conclusive, and not subject to review by any court. § 245. The superintendent has power and it is his duty to see that * all rules and regulations of the commissioners are complied with • \ by the principals and teachers; to determine the different grades of study which shall be pursued in the various departments of the several schools; to transfer teachers from one school to another, or from one grade to another, to suspend any teacher temporarily I). 15 58 1 for cause; provided, however, that the reasons for such suspension 2 shall be immediately transmitted to the commissioners in writing; 3 to transfer pupils from one school to another; to prescribe rules * • *■ i 1 ... 4 and regulations for the admission, examination and promotion of 5 pupils. a § 246. All assistant teachers shall be appointed for a proba- | tionary period of one year, at the expiration of which term, unless 8 satisfactory evidence of incompetency is submitted by the superin- •> 9 tendent, the probationer may be appointed by the commissioners 10 and thereafter such teacher shall hold the position during good be¬ ll havior and shall be removable only for cause, after a hearing by the 12 commissioners. All probationary appointments shall be made 13 from the head of a merit list, upon which the names of all eligible 14 candidates for appointment as assistant teachers shall appear in 15 the order of their rank in scholarship and qualifications for teach- 16 ing; and it shall be the duty of the commissioners to prescribe by 17 rules not inconsistent with the laws of the state, the means of de¬ ls termining such rank in scholarship and qualifications. All prin- cipals and teachers shall hold their positions during good behavior z , 7 and shall be removable only for cause, after a hearing by the com- « 2 1 missioners. The decision of the commissioners shall be final and 22 conclusive and not subject to review by any court. 03 § 247. Whenever in the opinion of the commissioners any r epairs 24 are needed to the public school buildings in the city, they shall call 25 upon the commissioner of public works to make such repairs under 26 their direction . They shall recommend to the common council, when 59 1 2 3 4 5 6 w i 8 9 10 11 12 13 14 15 16 17 18 19 20 2L 22 23 in their opinion the public interests require, the sale of any school- house, the purchase of any land or building for a school-house, and the purchase of any supplies or furniture for the schools, and the purchase of any books for the school libraries; and when authorized thereto bv an ordinance of the common council, the board of contract and supply may make such sale, purchase or lease in the manner in this act provided; and they may recommend to the common council the erection of any school building accord¬ ing to plans prepared under their direction; and when authorized thereto by an ordinance of the common council, the department of public works shall erect such buildings in the manner and upon ^ * the conditions prescribed in this act. § 248. The commissioners of education shall have power, and it shall be their duty as soon as practicable after their appointment, to divide the city into five inspection districts, which districts must be contiguous and as nearly as may be of equal population, and at once upon the making of such inspection districts, maps of the same duly authenticated by the commissioners shall be filed in the office of the city clerk. Such divisions shall remain and constitute the inspection districts of the city during a period of at least two \ years. Two years after the first division of the city into inspection districts, the successors in office of the first commissioners of edu¬ cation after this act takes effect may, within thirty days after their election, file a certificate with the city clerk adopting the exist- 24 ing division of inspection districts, or make such changes as to them 25 shall seem proper, in the same manner and subject to the same 26 60 X regulations as hereinbefore provided. The major within thirty 2 days after the beginning of hisi term, shall appoint five inspectors 3 of common schools from the city at large, at least two of whom 4 . shall be women, who shall take office immediately after their ap- 5 pointment, and hold office, one for the term of one year, one for 0 the term of two years, one for the term of three years, one for the 7 term of four years and one for the term of five years., and within 8 ten days after the expiration of each succeeding term in every year 9 thereafter, the mayor shall appoint one inspector of common 10 schools from the city at large to take office forthwith, and to hold 11 office for the full term of five years. Any vacancy in said office of 12 inspector of common schools by death, resignation or otherwise, 13 shall be filled by the mayor for the unexpired term. Such inspect- ~ | 14 ors shall be assigned by the mayor to one of the five inspection 15 districts and they shall serve without compensation. 16 § 249. Any inspector of common schools may be removed by the 1 ** mayor upon proof either of official misconduct in office, or of will* i 18 ful neglect of official duties therein, or of conduct in any manner 19 connected with his or her official duties, or otherwise, which tends 20 to discredit his or her office or the school system, or of physical or 21 mental inability to perform his or her duties as such inspector. 22 But before such removal such inspector shall receive due and 23 timely notice in writing of and a copy of all charges against him or 24 her and shall be entitled to a hearing on like notice before the 25 mayor. 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 § 250. The duties of the inspectors of common schools are con- stituted and fixed as follows, and not otherwise: It shall be the duty of the inspectors of common schools in their respective dis¬ tricts to examine at least once in every quarter all the schools in the district in respect to punctual and regular attendance of the teachers and pupils, the fidelity and competency of the teachers, progress, order and discipline of the pupils; the cleanliness, safety, warming, ventilation and comfort of the school premises, and whether or not the provision of the school laws in respect to the teaching of secular doctrines, or the use of secular books have been violated, and to call the attention of the commissioners of education without delay to any matters requiring official investigation. They shall, on or before the first day of January, April, July and October of each year, make a written report to the commissioners of educa¬ tion in respect to the condition of the schools, the efficiency of the teachers, and wants of the districts, especially in regard to schools and school premises. The inspectors appointed ishall organize forthwith after their appointments, by the election of a ch«-i irui n n and secretary, and shall meet as often as may be necessary for the prompt performance of all duties imposed upon them, and for the discussion of all matters which may come to their attention. § 251. All public moneys apportioned or appropriated to or for the city, or to or for any of the school districts therein, or for the school libraries, shall be paid by the proper officers to the treasurer, and in the accounts kept by him shall be credited to 26 D. 10 X the department of public instruction and paid out by him upon 2 bills properly allowed and audited in the same manner as obtains 3 in the case of other bills against the city. 4 § 252. All officers, principals and teachers connected with the t 5 public schools when this act takes effect, shall remain and continue 3 in their respective positions until their positions shall become - vacant by death, resignation, or by removal under the procedure g hereinbefore set forth. 9 ! ARTICLE VIII. 10 DEPARTMENT OF ASSESSMENT AND TAXATION. 11 ASSESSORS. * 12 Section 260. There shall be four assessors. They shall be elected 13 at the city election at the same time as the mayor, two for two 14 years, and two for four years; and thereafter, at the expiration of 15 the term of office of the two assessors chosen for that period, two 10 successors shall be elected for the full term of four years. In case 17 of a vacancy in the office of assessor, the mayor shall fill the va- 4 g vancy by appointment for the remainder of the term. They shall 19 appoint, to hold office during their pleasure, such assistants or 9 ., subordinates as the board of estimate and apportionment shall 9 , prescribe. 4 - 99 § 261. They shall perform the duties and possess the powers O o conferred upon assessors in the towns of the state, and be subject 2 to all their obligations; and they shall also perform all the duties 0 . specified in this act in reference to the assessment of property. 4> ,, For the purpose of levying the taxes they shall make an assess¬ or ment-roll for each ward. On completing the rolls, which shall Zt 1 63 1 be on or before the first day of September in each year, they shall 2 leave them in their office; and they shall then give notice, by 3 posting hand-bills and publishing in the official papers, that the 4 rolls are completed and left in their offices where the same may 5 be seen and examined by any person for the next twenty days 6 and that the assessors will attend during that time to review the 7 assessments in the same manner as the assessors in towns. 8 § 262. In the assessment of any lands in the city, it is sufficient 9 to state the name of one of the owners of such lands, if the owner 10 or owners be residents of the city, or of the occupants if the 11 owner or owners be non-residents, the lot and block on which it is 12 situated, if the same be subdivided into lots and blocks, or the 13 number of the lot or farm lot if not so subdivided into blocks and 14 lots, and designated upon the city map last adopted by the com- 15 mon council, and also the street and number of any building 16 thereon; but if the land be vacant or the building thereon not 17 numbered, then the name of the street on which it fronts and a » 18 brief description of the premises shall be given. In case no inhabited building be on the land and the residence of the owner 2 Q be unknown, such owner may be designated as unknown. No assessment hereafter made in said city shall be held to be invalid 92 because the same may be made out, in terms, against owner or 93 owners unknown, or the estate of a deceased person (naming such person), or the executor, administrator, heirs or devisees of r a deceased person, (naming such person), or against a company or firm name, or against a person in whom is the record title, though 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 91 -*-• JL 22 no AjO 24 not the actual title of the property, or for any cause arising through ignorance or mistake as to the name of the owner or owners of the property assessed, whether individual or a corporation, provided that such property is sufficiently described on the assessment-rolls to identify and indicate the particular property which it was in¬ tended to assess. Every assessment-roll shall be considered as re¬ ferring to the last adopted map unless it be otherwise stated i therein. § 263. During the time the assessors are reviewing and cor¬ recting the rolls, they have power to add to or insert in any roll any property liable to assessment which may have been by mis¬ take omitted from such roll, upon giving personal notice to the owner or agent of the property at least two days prior to adding the same, and an opportunity to be heard in reference thereto. At the end of the twenty days they shall cease to correct and review the rolls; and they shall, within twenty days thereafter, subscribe, verify and deliver the same to the city clerk, to be i filed by him in his office, and a duplicate of the roll of each ward shall be delivered by the clerk to the supervisor of the ward, to be by him delivered to the board of supervisors of the county in which the city is located. § 264. The assessor office shall be open daily, except Sundays and legal holidays, from ten o’clock in the forenoon to five o’clock a* ! « in the afternoon, during which time one of the assessors, or their clerk, shall be in attendance. i 65 1 § 265. The books, maps, assessment-rolls and papers pertaining 2 to the office of the assessors are public records, and at all reason* "N ' ) 3 able times shall be open to public inspection in their office. * 4 TAXES AND ASSESSMENTS. § 275. The board of supervisors of the county in which the city 6 is situated, shall deal with the assessment-rolls returned to it' • i 7 from the several wards as herein provided, in the manner required 8 by the general laws of the state, except that, instead of annexing 9 to the assessment-roll of each ward separately a warrant for the 10 collection of the taxes, it may, in its discretion, combine all the 11 rolls from the several wards into one roll and annex thereto a 12 single warrant, and except further that the warrant or warrants 13 must, before the first day of January in each year, be directed 14 and delivered to the city treasurer commanding him to collect 15 the taxes. 16 § 276. Whenever the common council shall determine the 17 amount of money to be raised for city purposes, the city clerk 13 shall, upon duplicates of the rolls filed with him by the assessors, 19 apportion the amount of such money in the same manner as is 2 ) above provided in reference to the rolls returned to the board of \ ■ / 21 supervisors; and after he has made such apportionment and com- * 22 pleted such rolls in the manner required as to tax rolls of towns, 23 he shall, if the common council so determine, combine all the * 04 rolls from the several wards into one. Thereafter at a time to be 25 specified in such ordinance, the mayor shall annex to each of the 26 D. 17 66 1 rolls, or to the combined roll, in case all the rolls shall be com- • ‘.vf! . ' Vi •*/' ; V- /, $ r 2 bined, a warrant under his hand and the seal of the city directed 3 to the city treasurer commanding him to collect from the several * . 4 persons named in the assessment-roll, the several sums mentioned 5 in the last column of such roll opposite their respective names. 6 § 277. The city treasurer, after he has received any warrant for the collection of the taxes in the two prior sections named, 8 shall have, except as herein otherwise provided, under and by 9 virtue of the same, all the powers and be charged with all the ' • f 10 duties of town collectors under the general laws of the state. 11 In addition to the notices required by such laws to be posted, 12 the treasurer shall immediately after the receipt by him of the 13 warrant for the collection of such taxes publish a notice in the 14 official newspapers of the city for thirty days that he will attend 15 at his office to receive the taxes which he is commanded to collect. 10 § 278. The common council shall by ordinance fix the time 17 within which taxes shall be payable without any fee or charge 18 of any kind, and may provide for a rebate of any tax, not exceed- 19 ing one per centum thereof, as a premium for prompt payment. 20 On all taxes remaining unpaid after the expiration of the time 21 so fixed by the common council, the treasurer shall collect five 22 per centum additional; and all such taxes shall bear interest there- 23 after at the rate to be fixed by the common council not exceeding 24 one per centum per month; and such interest in addition to the 25 five per centum shall be collected by the treasurer, by virtue r I 67 ; 1 of his warrant, which percentage and interest shall belong to 2 the city. $ § 279. In addition to all the other remedies for collection of 4 city taxes, the treasurer may, in the name of the city, sue for and 5 recover, in an action against any person liable therefor, all taxes ' / g which remain unpaid after the time fixed by the common council f within which taxes shall be payable without any fee or charge g of any kind. But a judgment in such action in favor of the city, 9 until it has been satisfied, shall not bar any other remedy for the 10 collection of the tax, nor operate to release any lien thereof. 21 § 280. If, after the expiration of the time fixed by the common 12 council within which taxes shall be payable without any fee or 13 charge of any kind, any taxes which the treasurer is required to 44 collect by virtue of any warrant, remain unpaid, the treasurer i 15 may issue to one or several of the city marshals a warrant under 13 his hand and the seal of the city, in substantially the same form 17 as that issued to him, commanding the marshal to whom any IS such warrant may be directed to collect the taxes in such warrant 19 mentioned; and in the collection of such taxes, every marshal 20 shall have all the powers of the treasurer by virtue of the war- 2 1 rants issued to him. The marshal shall daily pay to the treasurer ■ % 22 all the taxes collected by him, and he shall be entitled to collect 9.3 and receive to his own use the five per centum payable upon such 1 4 taxes, and he shall receive no other compensation for the duties 25 discharged by him under his warrant. 68 1 3 § 281. The treasurer shall daily deposit all taxes received by 2 him in the bank or banks designated as herein provided for the 3 deposit of city moneys; and when any moneys thus deposited 4 shall become payable to the county treasurer the same shall be 5 paid by draft drawn and countersigned as herein provided for • t 6 drawing city money from the same banks. ^ § 282. The common council of the city may determine whether g the city taxes shall be payable and collected at the same time 9 with the taxes for state and county purposes, or whether they 10 shall be payable and collected at a different time, and at what 11 time in each year. 12 § 283. Every tax against any real estate shall be a first lien 13 thereon from the time of the issuing of the warrant to the trena¬ il urer for the collection thereof. LOCAL IMPROVEMENTS. 15 § 294. The city assessors in making their assessments for the ex¬ penses of local improvements upon real estate benefited thereby. IT • shall make a roll containing all of such real estate, with a descrip¬ tion thereof and the names of the owners, so far as they can 19 ascertain the same. If they '.can not ascertain such names such 90 owners may be described as unknown; and they may at any time, 2 L ■m upon the application of the city treasurer, or of any person inter- 22 ested in the real estate, correct any description or name contained 23 in the roll. 21 § 295. After the assessors have completed the roll they shall 25 publish in the official newspapers of the city, for two weeks, a 26 69 1 notice that the roll has been completed, and can be seen and 2 examined at their office in business hours during that 3 time; and that during that time they will hear all persons 4 claiming to be aggrieved by the assessment, and they shall also 5 serve by mail upon each owner of property assessed, addressed to 6 said owner at his last known place of residence, a notice of the j T assessment containing a copy of the ordinances directing the im- r* 8 provement, and stating also the amount of the assessment and 9 the time and place of hearing. After such hearing, which must be 10 completed within that time, they shall correct such roll, if it need 11 correction, and verify it, and then file it in the office of the city 12 clerk. 13 § 296. Any person conceiving himself aggrieved by such assess- 14 ment may, within five days after the expiration of such two week*, 15 appeal therefrom to the board of estimate and apportionment 16 by serving a notice of appeal upon the city treasurer, and filing a IT copy of such notice with such board. The board shall then give 18 notice by publication in the official newspapers of the city of the 19 time when the appeal will be heard; and it shall regulate the 20 course of procedure upon such appeal. After hearing the appeal 21 it may affirm, modify, and affirm as modified, the assessment, 22 <> r set the same aside and order a new assessment. If it shall 23 affirm the assessment as made or as modified, then it shall file the 24 assessment-roll as finally completed in the office of the city clerk. 25 D. 18 70 1 § 297. After the completion of the assessment-roll by the asset*- 2 sors, in case there shall be no appeal, or after the completion of the 3 roll upon the appeal as above provided, the mayor shall annex 4 to a duplicate thereof a warrant directed to .the city treasurer 5 commanding him to collect the assessment therein mentioned, and 6 then the assessments shall be first liens upon the real estate 7 against which they are made. 8 § 298. The treasurer shall then publish a notice in the official 9 newspapers of the city for thirty days that he will during that 10 time, at his office, receive payment of the assessments; and all 11 assessments paid within that time shall be received by him with- 1 2 out any addition thereto. Upon all assessments paid within thirty 13 days thereafter, he shall collect in addition thereto the sum of two 24 per centum upon the amount thereof. 15 § 299. After any assessment for a local improvement has been 1 0 completed as herein provided, the common council may provide by 17 ordinance for the payment of any portion thereof in installments 15 from time to time; and by virtue of the warrant issued to him a® 19 above provided, the treasurer shall collect only such installments 20 as may be due; and upon any deferred installments when the same 21 become payable he shall collect and receive, in addition to the 22 amounts due upon the assessments, interest at the rate of six per 23 centum from the date of the issuing of the warrant to him. When 24 any installment remains unpaid more than thirty days after the 95 same became payable, the treasurer shall collect and receive in 90 addition to the interest thereon the sum of five per centum thereon. 71 1 But at any time when an installment is due, it shall be optional with 2 the person liable to pay the assessment to pay in addition to such 3 installment, all the remaining installments with accrued interest. TAX AND ASSESSMENT SALES. 5 § 308. The common council may, by ordinance direct that after 6 any city tax or any assessment for a local improvement upon real 7 estate has remained due and unpaid for at least sixty days, the 3 treasurer proceed to sell such real estate for the payment of 9 such tax, or assessment, and all percentage and interest which 10 has become payable thereon. 11 § 309. The treasurer shall immediately, after receiving such 12 direction, publish in the official newspapers of the city, for thirty 13 days, a list of the parcels of land charged with any unpaid city 14 taxes, assessments, percentages and interest, describing each 15 parcel according to the description contained in the assessment* 16 roll, with a notice that each of the parcels of land will, on a day, 17 within ten days after the expiration of the thirty days to be sped- 18 fied in the notice, be sold at public auction, at his office, to pay the 19 tax or assessment and the percentages and interest which may be 20 due thereon at the time of sale. The charge for publishing such 21 notice shall not be more than one dollar to each newspaper pub- 22 lishing the same for each parcel of land described in the notice. 23 At the time and place stated in the notice, the treasurer shall 24 commence the sale of such parcels of land, and shall continue the 25 sale from day to day, until all shall be disposed of. 72 1 § 310. The purchasers on such sales shall pay the amounts of 2 their respective bids to the treasurer immediately after each par- 3 cel shall be struck off. In case a purchaser shall fail thus to pay 4 the amount of his bid, the treasurer shall forthwith offer the par- 5 cel for sale again, and proceed as though it had not been struck 6 off. Should there be no bid of the amount due on any parcel of 7 land to be sold, then the treasurer shall bid in the same for the city, 8 and the city is hereby authorized to acquire such property. As 9 soon as practicable after any sale, the treasurer shall prepare and 10 execute in duplicate as to each parcel sold, a certificate of such 11 sale, the name of the purchaser, the sum paid therefor, the amount 12 due thereon at the time of sale, including the expenses of the sale, 13 and, if known, the name of the person or persons against whom the 14 tax was assessed or upon whose land the assessment was imposed, 15 and the name of the present reputed owner thereof. One of the Ig duplicates shall be delivered to the purchaser, or, in case the par- 17 cel was struck off to the city, then it shall be retained by the 18 treasurer. He shall deliver the other duplicate certificate to the 19 clerk of the county wherein the city is situated, who shall file it 20 his office, and record it in a book to be kept for that purpose; and 21 he shall index it in the name of the person to whom the parcel was 22 assessed, the name of the reputed owner thereof, and in the name 23 of the purchaser, in the same book and manner as deeds are re- 24 quired by law to be indexed. § 311. If from any cause the treasurer shall be unable to at- tend at the time and place of sale, the comptroller may conduct the % 73 1 sale with the same force and effect as though made by the treas- 2 urer. 3 § 312. The proceeds of the sale of each parcel shall be applied 4 to the payment of the expenses of the sale as herein provided, and 5 to the payment of the tax, assessment, percentage and interest for ft \ 6 which it was sold; and if there shall be any residue the treasurer 7 shall pay the same to the person entitled thereto at the time of 8 such sale; and if there be any dispute or uncertainty as to such * 9 person, then such person shall be ascertained in the same manner 10 and by the same proceeding as in case of surplus on statutory 77 foreclosure of a mortgage upon real estate. 12 REDEMPTION. 73 § 322. The owner of, or any person interested in, or having a 74 . lien upon any parcel of land so sold may redeem the same from 75 such sale at any time within two years, by paying to the treasurer 70 for the use of the purchaser or his assigns, or if the same shall 17 have been redeemed by any person other than the owner thereof, 78 then for the use of such person, the sum mentioned in the certifi- 70 cate as paid for the land at the sale, with interest thereon at the 2 Q rate of twelve per centum per annum from the day of sale, to* 27 gether with any tax, assessment or water rates upon such parcel or any part thereof that the purchaser or his assigns, or the person 23 before redeeming, shall have paid between the day of sale and the day of redemption, with interest at the rate of twelve per 25 D. 19 74 1 centum per annum upon such tax, assessment, or water rate* 2 from the time of payment. 3 § 323 . At least two months before the expiration of the time 4 for the final redemption of any parcel of land so sold, the treasurer 5 shall commence the publication of a notice of redemption from 6 such sale, which shall show the year when the sale took place, 7 and the last day for the redemption of the land not already re* 8 deemed by the owners, without other or further description; and 9 such notice shall be published for six successive weeks in the offi- 10 cial newspapers of the city. The publication of such notice shall 11 bar and preclude any and all persons, except the purchaser on 12 such sale, or his heirs or assigns, or the person finally redeeming, 13 from claiming any interest in, or lien upon the land or any part 14 thereof, in case the land shall not be redeemed from such sale «> 15 as herein provided. 10 § 324 . Written notice shall be given by the purchaser of any 17 real estate sold for taxes or assessments under the provisions of Ig this act, to the occupant, owner in fee, and mortgagee of the same 19 property, and their assigns, the record of whose title to, interest 20 in, or lien upon, such real estate shall be in the office of the county 21 clerk of the county in which the city is located, at least three . > 22 months before the expiration of the time for redemption as fixed 23 by this act, and the time for such redemption shall not expire until x,' 24 three months after such notice shall have been given. Such 25 notice must be addressed to the person or persons on whom it is • *, 20 intended to be served, must contain a brief description of the prop- 1 0 JkJ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 75 erty, the date of the tax assessment sale, the amount paid by tho purchaser on such sale, and the date when the right of redemption shall expire. It must be dated and signed by the purchaser with his post-office address. The notice may be served either personally or in the manner required by law in respect to notice* of nonacceptance or nonpayment of notes or bills of exchange, and a notarial certificate thereof shall be presumptive evidence of the fact; for the purpose of such notice the person notified shall 4 be conclusively presumed to reside in the city, unless the instru¬ ment by which the person to be notified claims an interest in the property on record in the office of the county clerk, specify another place of residence, and then the place so specified shall be deemed i - s to be his residence. § 325. If any parcel of land so sold shall not be redeemed as herein provided, the treasurer, immediately after the expiration of the two years, shall execute and deliver to the purchaser, hi* heirs or assigns, or to the city or its assigns, or to the person finally redeeming, as the case may be, a conveyance of the real estate so sold, which conveyance shall vest in the grantee an estate in fee subject only to the liens, if any, of unpaid taxes, assessments or water rates thereon. The treasurer executing such conveyance shall be entitled to demand and receive from the * y grantee one dollar for preparing every such conveyance. § 326. Every such conveyance shall be acknowledged before some officer authorized to take and certify acknowledgments of » deeds; and the conveyance shall be conclusive evidence that the 1 2 3 4 5 6 7 8 9 10 11 12 13 11 15 16 17 18 19 2u 21 22 23 2-1 o -T /_ , * sale and subsequent proceedings were regular, and presumptive evidence that all the previous proceedings were regular and ac¬ cording to law. § 327. The grantee or his assigns, or the city oir its assigns, as the case may be, shall be entitled to have and possess the granted lands from and after the execution of such conveyance, and may cause the occupants of such lands to be removed therefrom and the possession thereof delivered in the same manner and by the same proceeding and by and before the same officers, as in the case i of a tenant holding over after the expiration of his term without permission of his landlord. § 328. Whenever any grantee under such sale shall be unable by proper legal proceedings diligently instituted, to obtain pos¬ session of the land conveyed to him by reason of any error or ir¬ regularity in the assessment of any person or property, or in the levying of any tax or any proceeding for the collection of any tax or assessment, the common council shall refund to the purchaser t so much of the money paid at such sale as was retained by the city, with interest, the claim for such money to be audited and paid as other city charges. § 329. In case of the redemption of. any lands sold as herein provided, by the person who was the owner thereof at the time of the sale, the treasurer shall give such owner a receipt for the amount paid by him to effect such redemption, and on the produo- / ^ tion thereof by such owner the county clerk shall cancel the cer* -j tificate of sale by a proper entry at the foot of the record of snob 2 certificate in his office. 3 § 330. All percentages, interest, charges and expenses collected ^ and received by the treasurer as herein provided, shall belong to g the city. a ' ARTICLE IX. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEPARTMENT OF CHARITIES AND CORRECTION. COMMISSIONER OF CHARITIES AND CORRECTION. § 339. There shall be a commissioner of charities and cor¬ rection appointed by the mayor, within ten days after the begin¬ ning of every mayoralty term. He shall hold office for two years, unless sooner removed by the mayor. He 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. § 340. The commissioner of charities and correction and the deputy commissioner of charities and correction shall each give a bond to the city with sureties, for the faithful discharge of the duties of their respective offices, in a penalty to be prescribed by the common council, which bond as to its form, and the sureties thereto, shall be approved by the mayor. In case of a vacancy in the office of commissioner, the mayor shall fill such vacancy within ten days by appointment for the remainder of the term. § 341. The commissioner has the general care, management, administration and supervision of the charities, alms-houses, hos¬ pitals, houses of correction and all other similar institutions, the D. 20 78 control or government of which belongs or is intrusted to the city; * ^ he shall make regulations for the expenditure of the money of the ^ city for the support or relief of the poor, and have the general 4 supervision of such expenditures, and he shall furnish to the mayor 5 a daily report of the aid and relief granted by him, with the names 6 and addresses of all recipients. He shall have such other 1 powers and duties not inconsistent with the provisions of this 8 act or the other laws of the state, as may be prescribed by the 9 ordinances of the common council. 10 § 342. The commissioner shall appoint, to hold office during his 11 pleasure, an overseer of the poor and as many assistants as may 12 be prescribed by the board of estimate and apportionment. 13 § 343. The overseer of the poor shall give a bond to the city 14 in such penalty, in such form and with such sureties as the com* 15 missioner may prescribe and approve, for the faithful discharge 10 of his duties. 1? § 344. The overseer of the poor, subject to the regulations and 18 supervision of the commissioner, shall possess all the powers and 19 authority of overseers of the poor in the several towns of the ** • • 20 county in which the city is situated, and be subject to the same 21 duties, obligations and liabilities; and he and his assistants shall 22 have the power to examine, under oath, any person applying for 23 relief. 24 § 345. The city shall continue to be the owner of all articles 25 or supplies furnished to any poor person or applicant until the ! 26 same are consumed. If any person to whom the same shall be 70 1 furnished shall sell or exchange the same for money, or intoxicat- 2 ing liquor, or in any way dispose of the same other than in the 3 manner directed, such conduct shall be deemed a misdemeanor. 4 § 346. Nothing contained in this article or the preceding article 5 shall be deemed to make any city liable for the support or relief 3 of any poor person when it is not otherwise so liable. 7 ARTICLE X. s JUDICIARY. CITY COURT. 10 § 357. The court of civil jurisdiction in the several cities 11 of the second class in this state is hereby continued and 12 shall have and exercise all powers and jurisdiction heretofore 13 conferred upon it not inconsistent with the provisions of this .14 act, together with .the jurisdiction and powers hereinafter pro- 15 vided. Such court shall hereafter be known as the city court. 13 There shall be two judges of the city court to be elected at the 17 city election, and their terms of office shall be six years. 18 § 358. At the city election to be held next preceding the close ^ ( j. of the term of a judge of the city court, the office 'shall be filled by 2 0 election, and the person so elected shall hold office for the term Qj_ of six years. 22 §* 359. Whenever ia vacancy shall occur in the office of judge of 23 the city court, it shall be filled at the next city election. The 2 1 person so elected shall hold office for the term of six years, 2 ~ provided however, that until the first day of January subse- 23 quent to the said election, the said vacancy shall be filled by the 27 D. 21 1 appointment of some qualified and competent: person by the 2 mayor. 3 § 360. The mayor shall, within five days after the first 4 day of January, nineteen hundred, and every year thereafter, 5 or whenever vacancies occur in the office of marshal of the city 0 court, as herein provided, appoint as many persons as may be 7 necessary, not exceeding five, who are electors of the city, 8 marshals of the city court, who shall, in addition to 9 their other duties, be and act as attendants upon the 10 court during its sessions. The marshals so appointed 11 shai 1 ! possess, in actions or proceedings, all the powers and be 12 under all the obligations and duties of constables in the towns 13 of the state, and of constables in cities as now provided. They shall 14 hold their offices for two years unless sooner removed. Every 15 marshal so appointed shall execute and file in the county clerk’s 10 office, with at least two sureties, to be approved by a judge of the % 17 court, a bond to the people of the state of New York, in the penal lg sum of one thousand dollars, conditioned for the faithful dis- 19 charge of his duties, in which bond he and his sureties shall jointly * 20 and severally agree to pay to every person who may be entitled thereto all such sums of money as the marshal shall become liable 22 to pay on account of any execution which shall be delivered to him 23 for collection, and shall also jointly and severally agree to pay 24 every person any damage which he may sustain from or by any act 25 or thing done by the marshal, by virtue of his office. The judges 20 of the court have power to make such rules and regulations, to be 81 ] entered in full upon the docket of the court, concerning the attend- 2 ance and duties of the marshals as attendants upon the court as 3 they deem necessary and proper, and a violation of such rules and 4 regulations by the marshals is hereby constituted a cause for sus* 5 pension or removal from office as hereinafter provided. The fees 6 of each marshal shall be the same as are provided by law for con- 7 stables rendering similar services, and shall be paid in the same 8 manner. The marshals shall neither receive nor be entitled to 9 any salary or compensation for services rendered as court attend* 40 ants. Hereafter no constable shall be elected in any city. 44 § 361. The judges of the court have power to remove any mar- 42 shal, upon complaint as is provided by law, for the removal of a 4 43 constable of a town. The judges shall associate together to hear i 44 and determine the complaint, and the same proceedings shall be 45 had by and before them as are provided by law to be had by and 40 before three justices of the peace of a town for the removal of a 47 constable. The judges are hereby authorized to solemnize mar* 4 § riages. They shall also have power to take oaths and acknowl* f - 4 ^ edgments with the same force and effect as a justice of the peace. 2 q They or either of them may command the services of any marshal 24 of the city to enforce the authority of the court and to maintain the 22 peace. 93 § 362. No person shall be eligible to the office of judge of the 24 city court unless he be an elector of the city, and has been an ittorney of the supreme court of the state for five years. 26 D. 21 82 1 § 363. The court shall be open for the transaction of business 2 each day in the year, Sundays and legal holidays excepted, and 3 shall be held by one of the judges thereof. Whenever, however, 4 the necessities of business require, the court shall be held in two 5 parts or divisions at the same time. 6 § 364. The common council of the city shall provide suitable 7 rooms, light, fuel, furniture, necessary blank books, blanks and 8 stationery, for the use of the court, and shall provide for the pay- 9 ment of the salaries of the judges and the clerks thereof, and any 10 other necessary expenses of the court. 31 § 365. The court shall have jurisdiction of the following actions 12 and proceedings, when any person a party thereto is a resident of 13 the city, w r hether commenced by summons, warrant, attachment -Ll or other process: 15 1. An action to recover damages upon, or for breach of con- 10 tract, express or implied, other than a promise to marry, where the ■'.* i 17 sum claimed does not exceed one thousand dollars. 23 2. An action to recover damages for a personal injury, or an 19 injury to property, where the sum claimed does not exceed one 20 thousand dollars. 2 1 3. An action upon a bond, conditioned for the payment of 22 money, where the sum claimed to be due, does not exceed one 23 thousand dollars. 2 i 4. An action upon a surety bond, taken in the court, or by any 25 justice of the peace, where the sum claimed does not exceed one 20 thousand dollars. 83 1 5. An action upon a judgment rendered in the city court, or in 2 a court of a justice of the peace, or in a district court, or in a 3 justice court of a city, being a court not of record. 1 6. An action to recover one or more chattels, with or without 5 damages, for the taking, withholding or detention thereof, where 6 the value of the chattel, or of all the chattels, as stated in the 7 affidavit made on the part of the plaintiff, does not exceed one 8 thousand dollars. 9 / 7. To render judgment upon the confession of a defendant or 10 defendants, as prescribed in title six, chapter nineteen of the code Xi of civil procedure, where the sum confessed does not exceed one X2 thousand dollars. X 3 8. In an action for damages for fraud in the sale, purchase or X 4 exchange of personal property, if the damages claimed do not X 5 exceed one thousand dollars. 10 9. In an action commenced by attachment, pursuant to the pro- 17 visions of article four of title two of chapter nineteen of the code 18 of civil procedure, if the debt or damages claimed do not exceed 19 one thousand dollars. 20 10. The summary proceedings, under title two of chapter 21 seventeen of the code of civil procedure, to recover possession of * / 22 land and to remove tenants and others therefrom where the land 23 is situated in the city. 24 11. In actions or proceedings under any statute for the enforce- 25 ment of the liens of mechanics and others, where the amount of 84 - the lien does not exceed the sum of one thousand dollars, under cj the same proceedings as are provided by law to be had in jus* 3 tices , courts. 4 12. In proceedings in cases of bastardy. g 13. In proceedings to recover a penalty for the violation of any 0 ordinance of the city. 14. In any other action or civil proceeding of which justices of g the peace of towns now have jurisdiction. q 15. In an action against an executor or administrator, as such, 10 where the amount of the claim is less than the sum of one thou- I j sand dollars and the claim has been duly presented to the execu- 22 tor or administrator and rejected by him. 13 366. Such court cannot take cognizance of a civil action in either of the following cases: v «•< i o 1. Where the title to real property comes in question, as pre- 2 0 scribed in title three of chapter nineteen of the code of civil pro- 1 7 cedure. But when such question arises, the pleadings and prac- jg tice shall be the same as are now provided by law, for justices’ 2 g courts, in regard thereto. 90 2. Where the action is to recover damages for false imprison- ment, libel, slander, criminal conversation, seduction or malicious 22 prosecution, or where it is brought under sections eighteen hnn- 23 dred and thirty-seven, eighteen hundred and forty-three, eighteen hundred and sixty-eight, nineteen hundred and two, or nineteen 9 g hundred and sixty-nine of the code of civil procedure. ' 85 1 3. Where, in the matter of account, the sum total of the 2 accounts of both parties, proved to the satisfaction of the court, 3 exceeds two thousand dollars. 4 4. Where the action is brought against an executor or admin- 5 istrator as such, except where the amount of the claim is less than \ 3 the sum of one thousand dollars andi the claim has been duly 7 presented to the executor or administrator and rejected by him. § § 367. The process shall be served within the city wherein the 9 court is situated and shall be made returnable before the court, 2 o by its proper title, and shall be substantially in the forms and 11 returnable within the times prescribed for courts of justices of 12 the peace, and shall be signed by a judge, clerk or deputy clerk of 13 the court. 14 § 368. The process, service of the same, appearances, practice, v 15 pleadings and proceedings in the court and in appeals therefrom, 16 judgments by confession, offers to compromise, fees, costs and d!s- 17 bursements shall, except as hereinafter otherwise provided, be 18 governed by the provisions of the code of civil procedure in regard 19 to courts of justice of the peace, including the provisions of chap- 20 ter four hundred and fourteen of the laws of eighteen hundred 21 and eighty-one, and the acts amendatory thereof, in relation to the 22 service and making of verified pleadings in justices’ courts. The 23 precept, practice, pleadings and appeal in summary proceedings, 24 shall be governed by the provisions of the code of civil procedure / 25 relating thereto, except that the petition must be filed with, and 26 D. W 86 i 1 tlie precept issued by the clerk, deputy clerk or either of the 2 judges of said court, and made returnable before the court, and 3 proceedings thereon subsequently had in said court before either 4 of the judges thereof, and upon final order made in favor of the 5 petitioner, the warrant may be issued by the clerk, deputy clerk 6 or by either of the judges of said court. Proceedings and prac- 7 tice in cases of bastardy and appeals therefrom shall be governed 8 by the provisions of the code of criminal procedure in relation 9 thereto, except that such proceedings may be held and conducted 19 by either one of the judges of the court, with the same force as if 11 two magistrates were present. The judges may, from time to 12 time, make, alter and amend rules of practice, not inconsistent 13 with the provisions of law. Such rules, or alterations or amend- 11 ments shall not take effect, however, until a copy thereof signed 15 by both of the judges of the court, and endorsed with the ap- Ig proval of a justice of the supreme court, shall have 17 been filed in the office of the clerk of the county, and lg until such copy, with the endorsement, shall have been 19 published at least once in the official newspapers of the 29 city. The appearance of an attorney and counsellor-at-law 2 1 of the supreme court of this state, on behalf of any party to any 22 action or proceeding pending in the city court, may be made by / 23 filing with the clerk of the court a notice of appearance, and shall 2 i have the same force as if such appearance had been made in a pro* 25 ceeding pending in the supreme court, and the judge before 20 whom a trial is had shall have the power to grant a new trial of 1 2 3 4 5 6 rr i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 87 the action or proceeding, for any of the reasons specified in sec¬ tion nine hundred and ninety-nine of the code of civil procedure, upon such terms as may be just. It or the judges thereof may also entertain motions and make orders in any action or proceeding of which it has or has had jurisdiction, in the same manner as may be done in the supreme court. The court shall have power to open^defaults and to set aside judgments entered thereon; and pending an application for such purpose to stay execution issued thereon. The filing of a transcript of the judgment in the county clerk’s office shall not prevent the court from exercis¬ ing said power, and in an action tried by a jury to direct a ver¬ dict. Any action or proceeding pending in said court may be discontinued by filing with the clerk of said court a stipulation to that effect signed by the parties or their attorneys, and by pay¬ ing said clerk all the fees of said court, including the mar¬ shal’s fees. If notice of a motion or of any proceeding before the court or a judge thereof be necessary, it shall be served upon the party, or his attorney, at least five days before the time appointed for the hearing, unless the court or a judge thereof, upon an affidavit showing grounds therefor, makes an order to show cause why the relief asked for should not be granted and in the order directs that service thereof less than five days before it is return* able be sufficient. A motion for a new trial upon the minutes in a case tried by a jury must be made at the close of the trial. Judgment upon the trial of an action on the merits before a judge without a jury must be rendered within ten days after the same 1 2 8 4 5 6 7 8 ' 9 30 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 88 has been finally submitted. Every action and proceeding brought in the court shall be called at the time specified in the mandate or process by which it is commenced, or as soon thereafter as the lousiness of the court will permit, and section twenty-eight hun¬ dred and ninety-three of the code of civil procedure shall not apply to such action or proceeding. § 369. All the powers now given by law to justices of the peace of towns, to issue executions, or to give transcripts are hereby V / given to the judges, clerk or deputy clerk of the court. § 370. A judgment of the court shall be,in all respects, the same as a judgment rendered by a justice of the peace of towns, and all provisions of the code of civil procedure in relation to filing tran¬ scripts of such judgments, and docketing the same, in the office of the clerk of the county in which the city is located, or of any other county, shall in all respects be the same as if the judgment was recovered before a justice of the peace of a town. But such judgment shall be a lien, and remain in force for the same length of time as a judgment originally recovered in the county court. § 371. The court may, in its discretion, grant one or more ✓ adjournments of the trial of an action, or the hearing of a motion, or other proceeding, for such times and upon such terms as it may i deem just, unless the defendant has been arrested, in which case no adjournment shall be made without his consent. Any action or special proceeding may be adjourned after issue has been \ joined by a stipulation signed by the parties or their attorneys and filed with the clerk of the court. 89 1 § 372. There shall be paid to the clerk or deputy clerk of the 2 court, the following sums only as court fees in a civil action: 3 Upon the issuing of a summons, one dollar; upon the return 4 day, if judgment is to be taken by default, or if issue be joined: I 4 ' ; 5 il) If such judgment be rendered, or the amount demanded in 6 the complaint be for a sum less than twenty-five dollars, twenty* * 7 five cents; (2) if such judgment be rendered or the amount 8 demanded in the complaint be for the sum of twenty-five dollars 9 or over, fifty cents; for the trial of an action by the court, if issue 10 be joined, seventy-five cents; for the trial of an action by a jury, i 11 one dollar and twenty-five cents; for each transcript for "1 o i * making a return upon an appeal from a judgment, or • • < 13 order, • tw T o dollars, and in addition thereto there shall 14 be paid, before the return is filed with the appellate / -» « 15 court, six cents for each folio of one hundred w T ords con- 16 tained in the return in excess of fifty folios. In summary or 17 special proceeding, including bastardy proceedings, the fees shall 18 be the same as are now allowed by law to justices of the peace. 19 The clerk or deputy clerk shall require the prepayment of such t 20 fees; provided, however, if any person shall satisfy one of the 21 judges, by affidavit, which affidavit must be in writing and filed 22 with the court, that he has a good and meritorious cause of action 23 for a money claim against another within the jurisdiction of the 24 court, and that he has made a personal demand for the payment D. 23 1 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thereof of the debtor, and that such payment has been refused; and shall therein also state the name and residence of the debtor, and the amount due over and above all legal set-off, and that the applicant is unable to pay the fees therefor, the judge to whom such affidavit is presented may, in his discretion, endorse on such affidavit directions to the clerk or deputy clerk to issue the proper A process, returnable before the other judge, without charging for court fees; but the applicant in such case shall pay in advance the fees of the marshal for serving such process. All fees paid into the court or included in any judgment rendered therein, except marshal, jury and witness fees, shall belong to the city, and no such judgment shall be satisfied until the fees are paid into the court. Fees prepaid by either party, recovered by any judg- 0 * ment in his favor and paid into the court, shall be refunded to him. § 373. In all civil actions and proceedings in the court the suc¬ cessful party shall tax and recover all fees paid by him, or which he will necessarily incur. In addition thereto there shall be allowed to a party in case he has appeared by an attorney of the supreme court, and not otherwise, the following sums as costs: 1. For all proceedings before trial, including judgment for plaintiff upon default, in case the amount of recovery be thirty dollars or less, to the plaintiff, ten per centum of such amount; in case the recovery be more than thirty dollars and not more than two hundred and fifty dollars, five dollars; in case the recovery 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be more than two hundred and fifty dollars and not more than five •/ hundred dollars, seven dollars; in case the recovery be more than five hundred dollars and not more than seven hundred and fifty dollars, ten dollars; in all other cases, twelve dollars. 2. If judgment be for plaintiff, otherwise than upon default, an additional sum equal to ten per centum of the recovery not exceeding twenty-five dollars. 3. If the plaintiff recover judgment in an action for the recovery of one or more chattels, the foregoing sum allowed as additional costs shall be estimated upon the value of such chattels as assessed by the court or jury. 4. If judgment be rendered for the defendant, by default, to the defendant, in a case where the amount demanded in the com¬ plaint is thirty dollars or less, ten per centum of such amount; In a case where the amount demanded in the complaint is more than thirty dollars and not more than two hundred and fifty dollars, five dollars; in a case where the amount demanded in the com- . plaint is more than two hundred and fifty dollars and not more than five hundred dollars, seven dollars; in a case where the « amount demanded in the complaint is more than five hundred dollars and not more than seven hundred and fifty dollars, ten dollars; in a case where the amount demanded in the complaint is more than seven hundred and fifty dollars, twelve dollars; and where there is no complaint, three dollars. 1 5. If judgment be rendered for the defendant, after trial, to 2 the defendant, ten per eentum upon the amount claimed in the 3 complaint, not exceeding twenty-five dollars. 4 6. A defendant who recovers judgment upon a counterclaim 5 for a sum greater than that claimed by plaintiff, shall be allowed 6 ten per centum on the amount so recovered, not exceeding twenty- 7 five dollars; and in such case he shall be allowed no other costs 8 except his disbursements. 9 7. No costs or fees shall be allowed and recovered in an action 10 brought upon a judgment of the court, unless such action be 11 brought more than five years after the recovery of the judgment 1 o sued on. 1 ■" s- 13 8. Costs, upon a motion in any action or proceeding, not ex- N . ( 51 14 ceeding three dollars, may be awarded either absolutely or to 15 abide the event of the action or proceeding, to any party, in the dis- / I » 16 cretion of the court or judge. Such costs, or costs awarded under 17 section three hundred and seventy-five of this act, may be in- 18 eluded in the final judgment, or if not so included, may be en- 19 forced in accordance with the provisions of section seven hundred 20 and seventy-nine of the code of civil procedure. 2 § 374. Any judge holding the court while in session, shall have 22 the same powers to preserve order and to punish for contempts 23 committed in his presence as are possessed by judges of courts 2 1 of record; provided, however, that an appeal may be taken from 95 an order adjudging a person in contempt to the county court In 26 the same manner as an appeal from a judgment; Pending the 93 1 2 3 4 5 6 7 8 9 10 / 11 12 13 14 15 16 17 18 19 20 21 • 16 except as herein otherwise provided, and the lien created thereby i 17 or by any subsequent proceeding shall, except as herein otherwise 18 provided, cease; and no suit or action in the nature of a bill in ' r 19 equity or otherwise shall be commenced to vacate any assess- 20 ment in the city or to remove a cloud upon title arising from any 21 assessment hereinafter made. In case the assessment shall not 22 be vacated, the assessment may be reduced or judgment may be 23 given as herein provided. Owners of property shall, in pro- 24 ceedings to reduce or vacate or stay payment of assessments, be 25 confined to the form of proceeding in this article mentioned. The 113 1 curt may, in a proper case in proceedings under this article, 9 direct that any issue or issues of fact be tried before a jury. 8 § 468. It is further provided that no assessment that may be 4 hereafter made shall be void or shall be vacated; nor the sale of 5 property therefor be declared illegal, or the deed or certificate of conveyance therefor be adjudged invalid or illegal, or any 7 moneys paid on account of or because of such assessment be re- 8 covered back or refunded because of any error, illegality or irrego- 9 larity in any of the proceedings in relation to the work or improve- 10 ment for which such assessment was made prior to the com- 11 men cement of the work, including the letting of the contract for 12 the work, unless the party objecting thereto shall have filed his 13 objection or objections with the board of estimate and apportion- ¥ ' 14 ment within ten days after the letting of the contract for said 15 work, stating the error, illegality or irregularity complained of, . * 13 together with his address; the board shall thereupon give the 17 person or persons filing such objection or objections, together » th the contractor to whom the contract to do the work was let, d the commissioner of public works a hearing, and the decision 20 of the board shall be final and conclusive, unless within ten days 21 after such decision, the party or parties filing such objection or the 22 contractor or the city shall commence proceedings to review the 23 same; and in the event that the proceedings, or any of them, in- 24 eluding the letting of the contract, be adjudged illegal, the con- 25 29 , 114 3 tract for doing the work shall be and become null and void and 2 in no respect binding upon the city. 3 § 469. When proceedings are taken because the work has not 4 been done according to law, or the assessment is reduced because 5 the work has not been done according to law,, or contract;, and a 6 certificate of indebtedness for such work or any part thereof 7 shall have been issued, or payments for such work or any part 8 thereof shall have been made, and no objection shall have been 9 filed prior to the issuing of such certificate or payment, the* court IQ shall not reduce the assessment below the amount of the certifl- cate issued or payments made and the interest due thereon. 12 Whenever an assessment for any public work or improvement, 13 hereafter made, shall be vacated or set aside under the provisions 14 _ of this article, the assessors shall forthwith proceed to make a 15 new apportionment and assessment for the same, with interest 13 thereon, or for such amount as the court shall by its judgment 17 direct. > lg § 470. Either party may appeal from the final decision court, or a judge thereof, upon any proceedings taken und * lePchis 2 Q article, the same as from an order in a civil action. Such appeal 2 i must be taken within ten days after the service upon such party 22 23 of notice of such final decision. 471. Two or more persons may unite in commencing and 2 ^ prosecuting proceedings under this article; and when two or more 25 persons have commenced separate proceedings under this article 26 to vacate or reduce assessments for the same public work or im- 115 1 provement, the court or the judge before whom the same are com! 2 menced or pending, or where some are commenced before thq 3 county judge, and some in the supreme court, a judge of the! 4 supreme court at special term or chambers may consolidate such 5 separate proceedings into one proceeding. g § 472. Upon payment of ten dollars a year to the treasurer, any 7 taxpayer of the city may have one copy of the following publica- g tions, which shall be delivered to him by a city marshal immedi- ately after they are respectively printed, at any place within the city designated by him, within one-quarter of a mile from the place where the common council shall hold its meetings: The printed ^2 minutes of the meetings of the common council, of the board of estimate and apportionment, and of the board of contract and sup- * ^ ply, as they from time to time appear, and the bound and indexed ^ volume of each at the end of each year and claims against the city presented by the comptroller as they from time to time appear in ^ their printed form, and the comptroller’s annual published state- 20 21 22 23 24 25 26 ment of the financial condition of the city. SAVING AND REPEALING CLAUSES. § 482. All statutes of the state and ordinances of the city so far as inconsistent with the provisions of this act are hereby re¬ pealed, but such repeal shall not affect any right already existing or accrued, or any liability incurred by reason of any violation of any law heretofore existing, or any suit or proceeding already in* stituted, or action had under the laws or ordinances, unless other¬ wise expressly provided in this act. But nothing herein con- 116 30 2 0990 498 1 tained shall be construed so as to affect any of the several acts or 2 parts of acts to regulate and improve the civil service of the 3 state of New York. 4 § 483. Nothing contained in this act shall be construed to 5 repeal any statute of the state or ordinance of the city not incon- @ sistent with the provisions of this act and the same shall remain r ; Ql f u n force and effect, when not inconsistent with the provisions of this act, to be construed and operated in harmony with the 8 9 provisions of this act. WHEN TO TAKE EFFECT. n § 495. Except as otherwise provided, so much of this act as per- tains to the election of officers and to the provisions of section 10 12 13 thirty one shall take effect September first, eighteen hundred and 14 ninety-nine, and the remainder of the act shall take effect .Tann- ^ ary first, nineteen hundred.