TITLE III. posited by the inspector of the different election districts in separate boxes, to be provided by the city.

Board of canvassers,

meetings of, etc.

Statements.

To declare who is elected.

Minutes of proceedings.

Qualifications

§ 7. For the purpose of canvassing the votes given at any election, the board of aldermen shall constitute the board of canvassers. The mayor, or in his absence the president of the common council, shall preside, and the city clerk or his deputy shall be the clerk thereof. They shall meet at the room of the common council on the Tuesday next following the election, at or before one o'clock in the afternoon of that day, and a majority of aldermen shall constitute a quorum. The clerk shall then produce the original statements of canvass in each district, as the same shall have been delivered to him; and from them the board shall proceed to ascertain the vote given at such election. for the several officers mentioned in such statements.

§ 8. They shall make a written statement of the whole number of votes given for the several officers to be elected at such election, the names of the persons to whom such votes were given, and the number of votes given to each.

§ 9. Upon such statement, the board of canvassersshall proceed to determine and declare what person or per sons have received the highest number of votes for each of the offices mentioned in such statement. In case any two or more persons shall have received an equal number of votes for the same office, the board shall determine by lot between them. The statement and final declaration of the board shall be certified by the presiding officer and clerk, and filed in the office of the county clerk.

§ 10. The clerk shall keep proper minutes of the proceedings of the board and enter the same with the statement and declaration of the board in the book of minutes of the board of aldermen. Said statement and declaration shall, within one week thereafter, be published in the corporation newspapers. And within ten days after the board shall have determined what persons have been elected, the clerk shall cause written notice of his election to be given to each of the persons so elected.

§ 11. No person shall be eligible to the office of mayor of Mayor, etc. unless he has resided in the city at least five years, and has attained the age of twenty-five years. His salary shall be ten thousand dollars per annum." He shall, by virtue of his office be a supervisor of the county of Kings, and shall possess all the jurisdiction and exercise all the powers and authority in criminal cases, of a justice of

* Common Council authorized to fix salary, Laws of 1877, Chap. 459

the peace of said city, in addition to the powers heretofore given him by this or any other act, but shall receive no fees for his services as such justice of the peace, or for his services as supervisor. It shall be his duty:

TITLE III.

statement of

1. To communicate to the board of aldermen, at their Duty to communicate, first meeting in the month of January, each year, and annually, oftener if he shall deem it expedient, a general statement of condition of the condition of the city in relation to its government, city. finances and improvements, with such recommendations as he may deem proper.

to be executed.

And To issue

warrants,

etc.

2. To be vigilant and active in causing the laws and or- To cause laws dinances of the city to be duly executed and enforced, to exercise a constant supervision over the conduct and acts of all officers, to examine into all complaints preferred against them for a violation or neglect of duty, and generally, to perform all such duties as may be required of him by law; for which purpose he shall have and possess all the authority and power in criminal cases, to arrest and commit for examination all offenders for offences committed within said city against the laws of this State, of a police magistrate or justice of the peace of any of the towns of this State, and for the preservation of the peace. shall have the power and authority to issue warrants against any and all persons violating any of the ordinances, by-laws or regulations of the common council, or to direct the proper officers to arrest such persons, and summarily to hear, try, and determine and dispose of the same, where the penalty imposed by said ordinance, by-law or regulation shall not exceed ten dollars. And in case the penalty imposed by said ordinance, by-law or regulation shall not be paid forthwith, upon such person being adjudged guilty, then the said mayor shall have power, by warrant under his hand and seal, to commit the said offender to the county jail of Kings county for a term not exceeding thirty days, or until the fine is paid; and in cases where the penalty shall exceed ten dollars, the said mayor may, after examination, hold the parties to bail. And in all cases where such persons shall hold a license or warrant, granted by the common council, or any of the officers thereof, it shall be lawful for the said mayor to suspend said license or warrant, or the person so found guilty, from the benefits and privileges of said license or warrant until the common council shall pass upon the same. And it shall be the duty of the mayor to report the fact of such pension, together with his reason therefor, to the board of aldermen at the next meeting thereof. And no person so suspended shall be entitled to any benefits, privileges or rights under such license or warrants until the suspension shall be removed by the common council. He shall, jointly

sus

TITLE III.

To nominate heads of departments,

etc.

President of

the board of

as mayor in

certain cases.

with the comptroller, sign all warrants, bonds, and other obligations of corporation. But he shall not sign any warrant or other obligation, unless a proper voucher therefor shall have been first examined and certified to by him; and he shall sign no bonds for any loan unless the receipt of the treasurer for the money loaned shall have been first seen and indorsed by him.

12. The mayor shall, except as herein otherwise provided, nominate, and with the consent of the board of aldermen, appoint the heads of several departments, and the assessors as hereinafter mentioned. The mayor shall also have the power to suspend any officer appointed by him, and it shall be his duty to report the fact of such suspension, together with the reasons therefor to the board of aldermen at the next meeting thereof. The board of aldermen may thereupon and for cause, remove such suspended officer by a vote of two-thirds of all aldermen elected, provided that no such removal shall take place until the said party sought to be removed has had an opportunity to be heard in his defense. Whenever any such removal shall take place, the cause therefor, together with the ayes and noes upon the vote taken, shall be entered at large upon the journal of the board of aldermen. If the final vote shall be against such removal, such suspension shall cease and determine.

§ 13. Whenever there shall be a vacancy in the office aldermen to act of mayor, or whenever the mayor shall be prevented by absence from the city, by sickness, or any other cause, from attending to the duties of his office, the president of the board of aldermen, or, if the said president shall be absent or disabled, the president to be elected pro tempore shall act as mayor, and possess all the rights and powers of the mayor during the vacancy in office, or such absence or disability of the mayor, or of the president of the board of aldermen.

Constables.

Assignments of justices to hold

He

§ 14. There shall be elected annually in each ward one constable, who shall hold office for the term of one year from the first day of January succeeding his election. shall give such security as shall be prescribed by the common council, and shall perform the duties which are by law. prescribed to constables in the towns and counties of this State.

§ 15. The persons now constables shall hold their office for the term for which they were respectively elected.

§ 16. The mayor may at any time assign any justice of courts. the peace or police justice to hold court in any district in

the city of Brooklyn, and every such court shall be open for the transaction of business from nine o'clock A. M. until three o'clock P. M.

TITLE III.

when elected,

S17. There shall be elected at the general election to be Supervisor held in the year one thousand eight hundred and seventy- power and five, and at such elections every two years thereafter, by duties. the electors respectively of the first, third, fifth, seventh, ninth, eleventh, thirteenth, fifteenth, seventeenth, nineteenth, twenty-first, twenty-third and twenty-fifth wards of the said city, one supervisor for each of the said wards; and there shall be elected at the said general election in the year one thousand eight hundred and seventy-five, and again in the year one thousand eight hundred and seventy-six, and at such election every two years after the said election in the year one thousand eight hundred and seventy six by the electors respectively of the second, fourth, sixth, eighth, tenth, twelfth, fourteenth, sixteenth, eighteenth, twentieth, twenty-second and twenty-fourth wards of said city, one supervisor for each of the last mentioned wards. The su pervisors so chosen shall be entitled to take their seats on the first day of January next succeeding their election, and shall hold their office until their successors shall be chosen, as above provided, and shall have qualified. The supervisors to be chosen, by this section provided, shall possess the powers and be entitled to the compensation respectively of supervisors of the county of Kings.

TITLE IV.

OF THE DEPARTMENT OF FINANCE.

SEC. 1. Comptroller, election of, etc.-Annual statement of finances-Keeping of accounts.

2. Bonds, etc., not to be issued unless bids for the same be advertised.

8. Comptroller may inspect accounts.

4. Rute of interest on city bonds, etc.

5. Transfer of stocks.

6. City accounts to be classified.

7. General fund accounts, what to comprise.

18. Arrears of taxes to be charged to registrar of arrears.

19. Taxes to be charged to collector of taxes.

20. Comptroller to countersign the checks.

21. Contract for local improvements-Amount of liabilities to be incurred

limited-Term local improvement defined

22. Money borrowed, how to be applied.

23. Contracts to be filed in Comptroller's office.

24. Comptroller to furnish statement of appropriations to treasurer.

25. Examination of the accounts of collector of taxes.

26. Plans for increase of revenue, etc.

SECTION 1. There shall be a comptroller who shall be

TITLE IV.

Comptroller, election of, etc.

Annual

statement of finances.

Keeping of

accounts.

Bonds, etc., not unless bids for

to be issued

same be advertised.

elected at the general election to be held in the year one thousand eight hundred and seventy-four, and every two years thereafter. His salary shall be ten thousand dollars per annum.* His term of office shall commence on the first day of January next succeeding his election. He shall be the head of the finance department, having the direction and management of the accounts and finances, subject to the ordinances of the common council, and shall render to the common council, as often as required, a full and detailed statement of all receipts and disbursements of the city government, specifying the amount expended and unexpended on each appropriation made by the common council, with the state of account, together with a general statement of liabilities and resources of the city, and such other information as may be necessary to a full understanding of the financial affairs of the city. He shall also, under the direction of the common council, prepare the annual statement hereinbefore directed to be published, and manage all the financial concerns of the corporation, in addition to such duties as may be required of him by law. He may administer an oath to any person or officer who shall be required to render an account or make any return to him, or furnish proof of his right to receive any sum of money or any evidence of indebtedness from the said comptroller, or from the city of Brooklyn. He shall prescribe the forms and methods of keeping and rendering all city accounts, the forms of accounts and pay rolls to be used in the several departments and offices, the manner in which all salaries shall be drawn, and the mode by which all creditors, officers and employees of the corporation shall be paid. All salaries shall be paybale monthly. No expenditures, debts or disbursements of the several departments or other officers, shall be paid, except upon vouchers properly certified and audited, as provided by this act.

§ 2. No bonds, stocks, or other obligations of the city of Brooklyn, hereafter to be issued, shall be sold, unless bids for the same shall be advertised for the comptroller in the corporation newspapers, and also in two daily newspapers published in the city of New York, to be designated by the comptroller, for at least ten days; and all such bonds, stocks, and obligations shall be awarded to the highest bidder therefor, by the mayor and comptroller, after publicly opening such bids by them; provided, that no bonds, stocks, or other obligations shall be sold for less than their par value and accrued interest, unless with the consent of the mayor, comptroller, and finance committee of the board of aldermen. The mayor and comptroller may reject all bids. which they consider not for the advantage of the city.

* Common Council authorized to fix salary. Laws of 1877, chap. 469.