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AN ACT to amend and consolidate the several acts relating to
the city of Utica. Passed March 31, 1849, three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows :
OF THE BOUNDARIES AND CIVIL DIVISIONS OF THE CITY. § 1. The district of country contained within the following boundaries, to wit: Beginning at the point in the middle of the Mo- of this city. hawk river where the division line between the lots number ninety-nine and one hundred in Cosby's manor crosses it, and thence running southerly on said division line to a point two hundred rcds southerly of the southerly line of Varick street, thence easterly at right angles from said division line to the easterly line of Oneida county, thence northerly on the county line to the middle of the Mohawk river, thence up the middle of the river to the place of beginning, shall hereafter be known as “The City of Utica.” § 2. The inhabitants of said city shall be a corporation by the
Corporate name of “ The City of Utica,” and may sue and be sued, complain and defend in any court, make and use a common seal, and alter it at pleasure, and may receive by gift, grant, devise, bequest, or purchase, and hold and convey such real and personal estate as the purposes of the corporation may require. 8 3. The said city shall be divided into six wards, as follows:
City divided The part thereof lying northerly of the Erie canal and easterly of into six
wards. the middle of Genesee street shall be the first ward; the part thereof lying northerly of the Erie canal and westerly of the middle of Genesee street shall be the second ward; the part thereof lying southerly of the Erie canal and westerly of the middle of Genesee street and easterly of the Chenango canal shall be the third ward ; the part thereof lying southerly of the Erie canal, easterly of the middle of Genesee street and westerly of a line passing from the Erie canal southerly through the middle of John street to the middle of Rutger street, thence through the middle of Rutger street to the middle of West street thence through the middle of West street to the city line, shall be the fourth ward ; the part thereof lying southerly of the Erie canal and easterly of the fourth ward shall be the fifth ward ; the part thereof lying southerly of the Erie canal and westerly of the third ward shall be the sixth ward.
OF THE OFFICERS OF THE CITY, THEIR ELECTION AND TERM
OF OFFICE. $ 4. The officers of the city shall be denominated city officers and ward officers. The city officers shall be a mayor, recorder, treasurer, city surveyor, overseer of the poor, marshal, street commissioner, and four justices of the peace, who shall be elected by ballot by the electors of the city, and a clerk and chief engineer who shall be appointed by the common council. The ward officers shall be, in each ward two aldermen, one assessor, one collector, one constable, so many inspectors of election as shall be required by the laws relative to elections, and in the first ward and second ward each, one supervisor, in the district comprising the third and sixth wards one supervisor, and in the district comprising the fourth and fifth wards one supervisor. The ward officers shall be elected by ballot by the electors of the ward in which they
vote. Con stables. 85. The common council may, from time to time, designate one
or more of the constables of the city to attend to such police du
ties as it may charge them with. Annual elec- $ 6. An election for officers of the city, to be called the city
election, shall be held annually on the first Tuesday in March, at such places as the common council shall, from time to time, appoint. It shall be conducted in all respects in the manner gen. eral elections in cities are by law required to be conducted, and all the provisions of law relative to such elections, shall be applicable to the city elections, except that the polls shall be opened at nine o'clock in the forenoon, and be closed at four o'clock in the
afternoon. Ballots. § 7. The electors at the city election shall vote for city officers
to be elected upon a ballot endorsed “ city,” and for ward officers to be voted for in the ward wherein the electors reside, upon a ballot endorsed “ward.” Each ballot shall designate the office to which each person voted for is intended to be chosen. The ballots may be printed or written, or partly printed and partly written. They shall be deposited by the inspectors of the election in separate boxes, one to contain those endorsed “ city,” and one
those endorsed “ward.” Vacancies $ 8. If there be one or more vacancies to be supplied in any how suppli- office where the full term of the office shall be more than one
year, it shall not be necessary to designate on the ballot for which term the person voted for is intended, but it shall afterwards be determined by lot by the clerk of the city, in the presence of the common council, for which term the persons respectively elected shall serve.
$ 9. Upon the canvass of the votes in each election district to be made by canvass
being completed, the inspectors thereof shall cause a statement
thereof to be made and signed by them, and shall on the same ditermine. day or the next day thereafter, file the same with the clerk of the
ers and cogncil to
city. The clerk shall present the statement to the common council at a meeting to be held for the purpose, on the Friday succeeding the election. The common council shall thereupon determine who by a plurality of votes are elected to fill the offices voted for, and make and subscribe a certificate thereof in the book of record of its proceedings. The clerk shall thereupon serve upon each person elected to an office, either personally or at his place of residence, a notice of his election.
$ 10. All officers elected by the electors of the city, shall enter Officers upon the duties of their offices on the Tuesday succeeding their when to enelection, and continue in office until the Tuesday succeeding the duties. next annual city election, excepting the recorder, justices of the peace and aldermen.
The recorder and justices of the peace shall enter upon the duties of their offices on the first day of January succeeding their election, and continue in office four years from that day, unless elected to fill vacancies in the term of a former incumbent, when they shall enter upon the duties of their offices as soon as qualified, and*discharge them for the unexpired term of such former incumbent. Aldermen shall enter upon the duties of their office on the Tuesday succeeding their election, and except as hereinafter provided, shall continue in office until the Tuesday succeeding the second annual city election thereafter. One of the aldermen elected in each ward at the first city election after this act takes effect, shall continue in office but one year. At the first meeting of the common council elected at such election, it shall be determined by lot which alderman in each ward shall continue in office for one and which for two years. An alderman elected to fill a vacancy in the term of a former incumbent, shall hold his office during such term.
$ 11. All officers of said city shall continue in office until their to continue successors are elected or appointed, and have taken their oaths of office and become qualified to serve therein. All officers here-appointed. tofore elected in said city, whose term of office has not expired, shall continue in office for the term for which they were elected.
$ 12. The treasurer, clerk, city attorney, collectors and street certain offi. commissioners, and such other officers or servants of the corpor- bond. ation as may by ordinance or resolution of the common council be thereto required, shall severally, before they enter upon the duties of their offices, file with the clerk, a bond to the city of Utica, in such penalty and with such sureties as the common council shall direct, the sureties to be approved by the common council, conditioned that they shall faithfully perform the duties of their respective offices, and account for and pay over all moneys to be received by them by virtue thereof.
§ 13. Every person elected justice of the peace, or constable in Security to said city, shall, before he enters upon the duties of his office, with the payment two or more sureties, to be approved by the common council, ex
of moneys. ecute in the presence of the clerk, an instrument in writing, by which such justice or constable, and his sureties shall jointly and severally agree to pay to each and every person who may be en
until suce cessors are
titled thereto, all such sums of money as the said justice or constable may become liable to pay them by reason or on account of any moneys which such justice or constable may collect or receive by virtue of his office, or on account of any official default: the clerk shall certify under the corporate seal of the city, the fact of the instrument having been executed before him, and a copy thereof duly authenticated by the clerk, shall be presumptive evidence of the execution thereof by the officer and his sureties in all courts. Actions may be brought upon such instruments in the name of any person or persons entitled to the money or damages sought to be collected by virtue thereof at any time, but the same must be brought during the term for which the justice or constable making them was elected or within two years after
its expiration. Efficiency of $ 14. The common council shall examine into the sufficiency of suretics to be the proposed sureties of any officer or person from whom a bond or
instrument in writing with sureties may be required under the provisions of this act, and may require such sureties to be examined on oath, as to their property and liabilities. The oath may be administered by any member of the common council. The deposition of the surety shall be reduced to writing and subscribed by him, certified by the officer administering the oath, and annexed to and filed with the bond or instrument. Any person swearing falsely under the provisions of this section, shall upon
conviction be deemed guilty of perjury. Time limited § 15. Within ten days after any person who shall have been to take the elected or appointed to any office in the city, shall have received
from the clerk notice of his election or appointment as herein provided, he shall take and file with the clerk, the constitutional oath, and shall file with him any bond or instrument with sureties required by the provisions of this act. If he shall neglect to do so, the common council may declare the office to which he was elected or appointed, vacant, and appoint a person to fill the vacancy, if it is one which the common council is authorised to fill, or
order a new election to fill it if it is not. Resigna
$ 16. Resignations of any office held under the provisions of this act, may be made to the common council. The common council may fill vacancies in any offices, provided for by this act for the remainder of the current civil year, excepting in the case
of recorder, justices of the peace or aldermen. Mayor's du- § 17. The mayor shall be a member of the common council,
and when present its presiding officer. It shall be his duty to see that the laws of the state and the ordinances of the city are faithfully executed therein, and to recommend to the common council such measures as he may deem necessary or expedient for its welfare. As the head of the police of the city he shall maintain peace and good order therein. He shall possess the . same powers and authority in criminal cases with which justices of the peace in towns are invested. He shall have power to remove any watchman for cause to be by him assigned to the com
mon council in writing. In case of his absence from the city or his inability to perform the duties of his office, the common council shall appoint one of the aldermen its chairman, and such chairman shall, during the continuance of such absence or inability be vested with the powers and execute the duties of the mayor. The common council shall pay the mayor a salary not exceeding two hunded and fifty dollars a year. $ 18. The recorder shall possess the powers and perform the Recorder's
duties duties now possessed and performed by the recorder of the said city. The act to establish a recorder's court in the city of Utica and for other purposes, passed May 7, 1844, as amended by subsequent acts shall remain in force, excepting that but one term of the said court shall be held in said city in each year. Such term shall be held on the third Tuesday in March.
$ 19. The justices of the peace in said city shall possess the Justices of same jurisdiction in civil cases which is vested in justices of the peace in towns. In the absence of the recorder from the city, or in case of a vacancy in the office or his inability to perform the duties of his office, they may exercise jurisdiction in criminal cases but not otherwise. They shall possess the same powers which are possessed by commissioners of deeds in other cities, and the provisions of chapters seventy-five aud one hundred and sixtyone of the laws of one thousand eight hundred and forty-eight shall not apply to the city of Utica.
$ 20. The clerks, assessors, collectors, supervisors, overseers of Clerks, asthe poor and constables shall possess the same powers and perform the same duties, and be subject to the same liabilities respectively as like officers in towns in the county of Oneida, excepting as provided for in this act.
$ 21. The treasurer shall receive all moneys belonging to the Treasurer. city, and keep an accurate account of all receipts and expenditures, so as to exhibit the amount paid under each particular class of purposes for which moneys shall be raised. All moneys shall be drawn from him in pursuance of a resolution of the common council, by warrants specifying for what purpose they are drawn, signed by the clerk and countersigned by the mayor. The clerk shall keep an accurate account of all warrants issued, in a book to be provided for the purpose. The treasurer shall retain as his compensation, a commission of three-quarters of one per cent on all moneys received by him, except such as shall be received by him from his predecessor in office, and such as shall be received by him upon loans made to anticipate the taxes to be received during the current fiscal year; and a like commission on all moneys disbursed by him, excepting such as he shall pay over to his successor in office, or such as shall be paid by him to discharge loans made in anticipation of the taxes to be received during the current fiscal year. The treasurer shall, ten days before the annual city election in each year, present to the common council and file with the clerk an account of all his receipts and disbursements ince the date of the last report, and a statement of the financial