shall faithfully execute the duties of their respective offices, and account for, and pay over, all moneys received by them, respectively.

to give

sureties to

them.

§15. Every person appointed to the office of constable in Constables said city, shall, before he enters on the duties of his office, bonds with with two or more sureties, to be approved by the common pay moneys council, or by the mayor, execute in the presence of the collected by clerk of the city, an instrument in writing, by which such constable and sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay, by reason or on account of any execution or distress warrant which shall be delivered to him for collection. The clerk of the city shall file such instrument; and a copy of such instrument, certified by the clerk, under the corporate seal, shall be presumptive evidence in all courts, of the execution thereof by such constable and his sureties. All actions on any such instrument, shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been appointed, and may be brought in the name of the person or persons entitled to the money to be collected by virtue of such instrument.

of sureties

§ 16. The common council, or the mayor, shall examine sufficiency into the sufficiency of the proposed sureties of any officer how ascer from whom a boud or instrument in writing may be required tained. under the fourteenth and fifteenth sections of this title, and may require the said sureties to submit to an examination under oath as to their property. Such oath may be administered by the mayor or any alderman of said city. The deposition of the surety shall be reduced to writing, be signed by him, certified by the person taking the same, and annexed to and filed with the bond or instrument in writing, to which it relates.

port names

neglecting

17. The city clerk shall report to the common council Clerk to rethe names of all persons elected or appointed to any office, of persons who shall have neglected to file their bond or other security teod and oath of office, according to the requirements of this act, or take oath at the next meeting of the council after such defaults.

tions.

§ 18. Resignation by any officer authorized to be elected Resigna or appointed by this act, shall be made to the common council of the city, subject to their approval and acceptance; and if not approved by them, the person so resigning any office and refusing or neglecting to serve, shall be liable to the same penalty hereinbefore prescribed for refusing to serve in such office.

19. The common council shall have power at any time Removals. to remove any officer appointed by them, and to appoint another in his place.

City attorney.

Temporary appointments.

Tenure of office.

Penalty.

Common council how

§ 20. No person who is not a counsellor of the supreme court shall be appointed to the office of city attorney.

§ 21. Any vacancy which may happen in any of the offices specified in the preceding eleventh section, may be temporarily filled by the common council by a resolution of the board; and the person so appointed shall hold the office until such vacancy shall be filled by ballot, and the person so appainted shall enter upon the office. All such temporary appointments may at any time be rescinded in the same manner

as made.

§ 22. All officers appointed or elected under this title, except justices of the peace, shall hold their respective offices until the Tuesday of the month of March next after such appointment or election, unless sooner removed or disqualified, and until their respective successors in office shall be appointed and enter upon their respective offices.

§ 23. If any person having been an officer in said city, shall not within ten days after notification and request, deliver to his successor in office, all the property, papers and effects of every description, in his possession or under his control, belonging to said city, or appertaining to the office he held, he shall forfeit and pay for the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to deliver.

TITLE III.

Of the Common Council.

§.1. The mayor and aldermen of the city shall constitute constituted. the common council thereof. The common council shall meet at the present council room in the Terrace market, and not elsewhere, unless the common council shall by resolution direct another place of meeting, and at such times as they shall, by resolution, direct, or as the mayor, or in his absence, any two aldermen, shall appoint.

Mayor to preside at

§ 2. The mayor, when present, shall preside at all meetmeetings. ings of the common council, and shall have, on all questions, a casting vote or ballot only. In his absence, any one of the aldermen may be appointed chairman for the time. Ꭺ majority of the whole number of aldermen elected at any annual election shall constitute a quorum for the transaction of business: but in case, from any cause, at any time, there shall be in office a less number of aldermen than are or may be necessary to make such quorum, then a majority of the aldermen in office, acting in council, or the mayor, shall have power to, and shall order special elections to fill all vacancies in the office of aldermen, to be held in the manner prescribed by the seventh section of the second title of this act.

Meetings how to be held.

§ 3. The meetings of the council shall be public; but they may be held with closed doors when appointments are to be

made, and also whenever the council, by a vote of two-thirds of the members present, shall so direct. The minutes of its proceedings shall be open to public inspection, except where secresy shall be enjoined by such vote.

proceeding

ted.

§ 4. The common council shall determine the rules of its Rules of own proceedings, and be judge of the election and qualifica- to be adop tions of its own members, and have power to compel the attendance of absent members, from time to time; to prescribe the duties of all the officers and persons appointed by them to any office or place whatever, subject to the provisions of this act; to revoke or cause to be revoked, any license given under this act; to remit in whole, or in part, and on such conditions as shall be deemed proper, any fine or penalty, belonging to the city, which might or may be imposed or incurred under this act, or under any ordinance or regulation passed in pursuance thereof, excepting fines and penalties incurred or imposed for any violations of the excise laws, and breaches of the conditions of the bonds required by the sixteenth and seventeenth sections of this title.

lary and

officers.

§ 5. The common council shall have power to grant to the Mayor's samayor an annual salary, not exceeding two hundred and fifty pay of other dollars, payable out of the treasury; and to allow and pay, by way of salary or otherwise, the several persons appointed by it, by virtue of this act, to any office or place, a reasonable compensation for their respective services; and shall pay the inspectors and poll-clerks of all elections, held in any ward of the city, the same compensation that is allowed by law to the like officers in towns for their services at general elections; and shall pay every alderman, who shall sit as a judge of the recorder's court, two dollars a day therefor.

council to have con

property,

§ 6. The common council shall have the management and Common control of the finances, and of all the property, real and per- trol of fisonal, belonging to the corporation; and shall have power, nances and within such city, from time to time to make such ordinances, and make by-laws and regulations, not repugnant to the general by-laws. laws of the state, as they shall deem expedient, for the good government of the city, the preservation of peace and good order therein, the suppression of vice, and the benefit of the trade, commerce and health thereof; and such other ordinances, by-laws and regulations as may be necessary, to carry into effect the power given to said council by this act, and for these purposes are hereby particularly authorized to enact such ordinances.

1. To prevent and punish forestalling and regrating, and to prevent, restrain, detect and punish every kind of fraudulent device and practice; to restrain and prohibit all descriptions of gaming, all playing of cards, dice or other games of chance, with or without betting, in any grocery, shop or store; to prevent any riot or noise, disturbance or disorderly

Police regulations.

assemblages; to suppress and restrain disorderly houses, groceries, houses of ill-fame, billiard-tables, nine or ten-pin alleys or tables, and ball alleys, and to require the destruction of all instruments and devices used for the purposes of gaming; to restrain and punish vagrants, mendicants, street beggars, common prostitutes and disorderly persons, and to prevent and punish drunkenness and disorderly conduct in public streets and places; to license, regulate or prohibit the exhibitions of common showmen, and shows of every kind, and the exhibition of any natural or artificial curiosities, caravans, circusses, menageries, and theatrical representations; to prohibit the selling or the giving away, with intent to evade the excise laws, any ardent spirits, by any storekeeper, trader or grocer, to be drank in the shop, store, grocery, out-house, yard or garden, owned by the person selling or giving away the same, except by innkeepers duly licens-. ed; and to forbid the selling or giving away of ardent spirits or other intoxicating liquors, to any child, apprentice or servant, without the consent of his or her parents, guardian, master or mistress, or to any Indian.

2. To survey the boundaries of the city; to ascertain, establish and settle the boundaries of all streets, alleys and highways in the city, and to prevent and remove all encroachments thereon; to light the streets of the city; to prevent and punish horse-racing, and immoderate driving or riding in the streets or highways; to prohibit and punish the flying of kites, and every other game, practice, or amusement, in the public streets or elsewhere, having a tendency to frighten teams and horses, or to injure or annoy persons passing in or along the highways of the city, or to endanger property; to compel all persons to remove the snow, ice and dirt from the sidewalks in front of the premises owned or occupied by them, and to punish them for not so doing; to prevent the incumbering of the streets, sidewalks, lanes, alleys, wharves and docks, with carriages, carts, sleighs, sleds, wheel-barrows, boxes, lumber, timber, fire-wood, or any other substance or materials whatsoever; to prohibit and punish, or license or regulate the peddling of fruit, nuts, cake, refreshments, bread, jewelry and merchandize of all kinds, in, upon and along the wharves, docks, streets, sidewalks, alleys, and public squares of the city; and to prohibit, or to regulate and determine the times and places of bathing and swimming in the canals, creeks, harbors and other waters in said city.

3. To regulate the police of the city; to appoint watchmen, and punish their delinquencies; to license and regulate cartmen, truckmen, porters, and the drivers of hackney carriages of every description, and baggage and other wagons

used for hire, and to limit their charges and compensation; to establish, maintain and regulate public pounds; to restrain and regulate the running at large of cattle, horses, swine, sheep and goats, and to authorize the distraining, impounding and sale of the same for the penalty incurred, and costs of proceedings; to prevent the running at large of dogs, to authorize the destruction of dogs, when owned in the city and at large contrary to the ordinance; to impose an annual tax on the owners and keepers of dogs in the city, not exceeding five dollars for each dog; to regulate or prevent the ringing of bells, blowing of horns and bugles, and the crying of goods or other things; to regulate and restrain all runners or solicitors for boats, stages, railroads, public houses and other establishments; to regulate the quality and assize of bread exposed to sale, and to provide for the seizure or forfeiture of bread baked contrary thereto; to establish, make, maintain, and regulate public pumps, wells, cisterns, and reservoirs, and to prevent the unnecessary waste of water; to regulate guaging, the place and manner of selling, inspecting and weighing hay, of selling pickled and other fish, and of selling and measuring wood, lime and coal, and to appoint suitable persons to superintend and conduct the same; to prevent and abate nuisances of all kinds, and to punish the authors and maintainers thereof.

4. To compel the owner or occupant of any grocery, cellar, tallow chandler's shop, soap-factory, tannery, stable, barn, privy, sewer, or other unwholesome or nauseous house, or place, to cleanse, remove or abate the same, from time to time, as often as may be necessary for the health, com fort and convenience of the inhabitants of the said city; to prohibit any person from bringing, depositing, or leaving within the city limits, any dead carcass, or other unwholesome substance; and to require the removal or destruction of any such substance, or of any article or thing about or liable to become unwholesome, by the owner or occupant of any premises on or near which the same may be, and, on his default, to authorize the removal or destruction thereof by some city officer; to direct the location, and regulate and prescribe the management and use of all butchers' stalls and shops, markets, slaughter-houses, and houses for storing powder; to establish and regulate markets for the sale of fresh, pickled and corned meats, vegetables, and fresh fish; to license and regulate butchers' stalls, shops and stands, and butchers and venders of fresh fish, and to regulate the sale of butchers' meat, and fresh fish; to regulate the burial of the dead; and to direct the returning and keeping bills of mortality, and to impose penalties on physicians, sextons and others for any default in the premises.