examined in to. 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 sureties 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 to take the oath of office. Resignations. Mayor's duties. § 15. Within ten days after any person who shall have been 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. § 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. 1 § 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. duties § 18. The recorder shall possess the powers and perform the Recorder's 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 the peace.f 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. sessors &c. § 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 City clerk. City survey or. Street com- Chief engin- Marshall. condition of the city, a copy of which shall be published in the newspapers designated by the common council for publishing its proceedings, at least eight days before such election. § 22. The clerk shall keep the corporate seal, and all papers belonging to the city, and shall attend the meetings of the common council and make a record of its proceedings, and perform such other duties as he shall be charged with by the common council. Copies of all papers filed in his office, and transcripts from the record of the proceedings of the common council, duly certified by him under the corporate seal, shall be evidence in all courts, in like manner as if the originals were produced. § 23. The city surveyor shall prepare plans, specifications and estimates, when thereto directed by the common council, of proposed public improvements, and shall superintend the opening of streets, and the preservation of the true lines thereof, and perform such other duties as he may be charged with by the common council. § 24. The street commissioner shall superintend the making of public improvements ordered by the common council, and make contracts for work and labor which may be necessary. He shall keep accurate accounts of all money by him expended in the performance of his duties, accompanied with statements of the cause of the expenditure, and shall render the same to the common council when thereto requested; and always by the first Monday in February in each year. No contract or agreement made by him on the part of the city shall be binding until the same is ratified by the common council, but when so ratified it shall have the same effect as if executed under the corporate seal. § 25. The chief engineer shall have the superintendence of the fire department. It shall be his duty to see that the apparatus for extinguishing fires belonging to the city is kept in proper order, and from time to time to report to the common council any necessary reparation or measure to render the condition of the department efficient. He shall appoint a first and second assistant engineer, who shall under his direction perform any services and exercise any control which he could in the operations of the department. In the absence of the chief engineer the first assistane engineer shall possess his powers and exercise his duties in the superintendence of the department, and in the absence of the chief engineer and first assistant engineer, the second assistant engineer shall possess his powers and exercise his duties. § 26. The marshall shall, under the direction of the mayor, be the chief police officer of the city, and shall have same power and authority in criminal cases that the sheriff of Oneida county or any constable thereof possesses, and within the city of Utica the same power and authority in civil cases which a constable possesses. He shall see that the laws of the state and the ordinances of the city for the preservation of peace, morality and good order are observed and enforced in the city; he shall superintend the watchmen in the discharge of their duties, and shall observe and obey the orders and directions of the mayor and of the common council in the preservation of peace, morality and good order. § 27. The aldermen of the city shall be members of the common council. Every member of the common council shall have the power, and it shall be his duty without warrant to arrest or cause to be arrested any persons engaged in his presence in disturbing the public peace, or violating any law of the state, or ordinance of the city for the preservation thereof, or of good order or morality, and to bring or cause such persons to be brought before the mayor or recorder for trial. TITLE III. OF THE POWERS OF THE COMMON COUNCIL. Powers of aldermen. § 28. The common council shall hold stated meetings at times to Stated meetings of the be determined by it, from time to time, and special meeting when- council. Fever called by the mayor, or by any two aldermen, by notice to each member thereof, to be served personally, or by leaving the same at his place of abode. A majority of its members shall constitute a quorum for the transaction of business. When present, the mayor shall preside, and when he is not present, an alderman shall be appointed chairman thereof. engineer,&c. to be ap § 29. The common council shall appoint the clerk, the chief Clerk, chief engineer, and so many fence-viewers, clerks of markets, sextons to have charge of burial grounds belonging to the city, and mes- pointed. sengers to attend upon its meetings, as it may deem necessary. Such officers shall hold their offices during the pleasure of the common council. have charge 30. The common council shall have the care, management Council to and control of the city and its finances; it shall have power to of city proordain, alter, modify and repeal ordinances not repugnant to the perty, &c. constitution and laws of this state such as it shall deem expedient for the good government of the city, the preservation of peace and good order, the suppression of vice and immorality, the benefit of trade and commerce and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be necessary to carry such power into effect. It is also particularly To enact orauthorised to enact ordinances for the following purposes. 1. To preserve peace and good order and to restrain and prevent vice, immorality and every kind of fraudulent device and practice. dinanees relative to good order. 2. To restrain and prevent and to suppress disorderly and Gaming. gaming houses, billiard tables and all instruments and devices for gaming. 3. To restrain and punish vagrants, mendicants, street-beggars Vagrants. and persons soliciting alms, keepers of houses of ill-fame, common prostitutes, bawds and disorderly persons, and to prevent and punish drunkenness and disorderly or immoral conduct in public places and streets. 4. To prevent any riot, noise or public disturbance and all dis- Riots. orderly assemblies. Auctions. Spirituous liquors. 5. To regulate auction sales and to prohibit hawking and peddling in the streets. 6. To prevent the selling or giving away with intent to evade the excise laws any strong or spirituous liquors by any store keeper, trader or grocer to be drank in any shop, store, grocery, house, out-house, yard or garden, owned, occupied or controlled by the person selling or giving away the same except by persons duly licensed thereto, and to prohibit the selling or giving away of any strong or spirituous liqnors to any child, apprentice or servant without the consent of his or her parent, guardian, master or mistress. Gunpowder. 7. To regulate the keeping and conveying of gunpowder and other combustable and dangerous materials and the use of candles and lights in barns and stables. Wood, &c., Runners. Cartmen. Shows. Sealer. Deaths. Dogs. Cattle. Pounds Nuisances, Horse-racing Fire works. 8. To regulate the place of exposing for sale wood, coal, hay and lime in the streets of the city. 9. To restrain and regulate the soliciting of passengers for any means of public conveyance and of guests for taverns or public boarding-houses and the ringing of bells. 10. To license and regulate cartmen, porters and drivers of hackney carriages and baggage or other wagons or vehicles used to carry passengers or baggage for hire, and to limit their compensation. 11. To restrain and regulate all exhibitions of natural or artificial curiosities or animals, all theatricals or other shows, exhibitions or performances for money. 12. To appoint a sealer and examiner of weights and measures in the city. 13. To direct and require the keeping and returning of bills of mortality and to impose penalties on physicians, sextons and others for default therein. 14. To regulate or prevent the running at large of dogs and to destroy them and to impose a tax upon the owners or possessors of dogs. 15. To restrain the running at large of cattle, horses, sheep, swine, and geese in said city, and to cause such as may be running at large, to be impounded and sold to discharge the penalty for the violation of the ordinance and the expenses of impounding and sale. 16. To establish and regulate public pounds, and to appoint masters thereof from time to time. 17. To determine what are nuisances, and to prevent, abate and remove them. 18. To prevent and punish horse-racing and immoderate riding or driving in the streets or highways, and every game, practice or amusement in the streets or elsewhere, having a tendency to frighten teams or horses, or to annoy persons passing in or along the streets or highways, or to endanger property. 19. To prevent and punish the discharge of fire arms, rockets, gunpowder and fireworks in the streets of the city, or in the vicinity of any building. |