Estimate of current expenses.

Runners.

City hospital.

Bread.

Bells.

Demolition

of buildings.

Defining duties of offi

cers.

Powers to

make and alter ordi

such further or other acts to be done, and to regulate or prohibit the doings of all such further or other acts, as they may deem proper to prevent the occurrence, and provide for the extinguishment of fires, in said city.

27. To estimate and determine what amount of money may be raised to defray the annual current expenditures of the city, and to adopt all legal and requisite measures for levying and collecting it.

28. To regulate and restrain runners for boats, stages, railroads, taverns and other houses, and the running of engines and cars through said city, so that no cars shall be propelled at a greater speed than eight miles per hour.

29. To raise by a tax a sum not exceeding two thousand dollars per annum, towards defraying the expenses of a city hospital, after such hospital shall have been erected and duly organized.

30. To establish an assize of bread and regulate the sale thereof.

31. To prevent or regulate the ringing and tolling of bells, blowing of horns and crying of goods, and other things, except in the eighth and ninth wards of said city.

32. To raze or demolish any building or erection which, by reason of fire or any other cause, may become dangerous to human life or health, or tend to extend a conflagration.

33. To limit and define the duties which are by this act required to be performed by the several officers of the city, and to prescribe such other or further duties to be performed by them, or any of them, as it may deem proper.

§ 16. The city council shall also have power to make, establish, alter, modify, amend and repeal, all such other ordinances, rules, nances, &c. police regulations, and by-laws, not contrary to the laws of this state, or of the United States, as may be necessary to carry into effect the powers conferred on it by this act or by any other law of this state; and such also as may be necessary and proper for the good government and order of said city and its inhabitants.

Restriction.

Penalties may be imposed.

Suits how prosecuted.

17. The city council shall not allow or permit the removal of any house or other building through or over any street or avenue, except in the eighth and ninth wards of said city.

§ 18. In every by-law, ordinance, or police or sanitary regulation the said city council may pass, it may impose such penalty for the violation or non-performance thereof, as it may deem proper not exceeding two hundred and fifty dollars in amount, but no such by daw, ordinance, or regulation, shall extend in its operation beyond the territorials limits of the city.

19. Suits may be prosecuted in the corporate name of the city against any person or persons who shall violate any provision of any such law ordinance, or regulation, or who shall neglect or refuse to perform any act or duty thereby required of him or them; and in every such action it shall be sufficient to declare generally for the penalty sued for stating the by-law, ordinance

or regulation, and the section thereof upon which such action is brought.

of ordinan

ces.

20. Every general ordinance, by-law, rule or regulation which Publication may be passed by the city council imposing a penalty, shall after the passage thereof, and before the same shall take effect, be published for three weeks successively, at least twice in each week, in the corporation newspapers. Proof of such publication by the affidavit of the printer or publisher of such newspaper or papers, taken before any officer authorised to administer oaths and filed in the office of the city clerk, or a copy thereof, certified by the said city clerk, shall be deemed conclusive evidence thereof, in all courts and places; but such publication may be proved by any other competent evidence.

§ 21. The city council shall from time to time designate one or City newsmore newspapers printed in said city, not exceeding two in num- papers. ber, in which shall be published all ordinances, resolutions, notices, and other proceedings, which by this act or any future act amendatory thereof, are, or may be required to be published, except as hereinafter otherwise directed; and it may alter such designation at pleasure; but notice of all such alterations shall be published in the paper or papers employed by it, at the time of such altera

tion.

§ 22. The aldermen to be elected as hereinbefore provided, Fence viewshall be fence viewers within their respective wards, and shall ers, &c. also be justices of the peace and members of the board of supervisors of the county of Kings, and shall have and exercise all the powers and authority of justices of the peace and supervisors of towns, and shall be entitled to receive compensation as supervi

sors.

make annual

§ 23. The mayor shall annually, on or before the first Monday Mayor to of June present to the city council a statement, in writing, of the statement. several sums of money which he shall deem necessary to be raised by tax for the various purposes contemplated by this act.

determine

§ 24. On that day, or as soon thereafter as practicable, the said Council to council shall proceed to determine, in joint meeting, by a majority the amount of at least two thirds of the members present, what sums in addi- to be raised. tion to such as may be directed by the board of supervisors of the county of Kings, to be raised to defray county charges and to entitle the city to its distributive share of the public school moneys, as are necessary to defray the contingent and all other expenses of said city, including any interest due, or to become due on the public debt of said city, as well as any instalments which may become due thereon, together with such sums as shall hereinafter be authorised for the use and benefit of the public schools of said city, or such as may at any time, be required by law to be paid into the sinking fund of the city.

and fire district.

§ 25. The first seven wards of the said city together with the Lamp, watch tenth and eleventh wards, shall constitute a lamp watch and fire district, subject to the several provisions for the enlargement thereof hereinafter contained; and in determining the amount re

Copy of resolution to

quired to be raised by tax, as provided in the last preceding section, the city council shall apportion the aggregate amount thereof, between the city at large and the several parts thereof, by specifying how much is to be levied upon the city at large, and how much upon the property within the lamp, watch, and fire district. § 26. The city clerk shall deliver a copy of the resolution of be given to the city council, duly certified by the presiding officer thereof to supervisors. the board of supervisors of the county of Kings, at their next annual meeting thereafter; and the several amounts specified in said resolution shall be assessed and rated by said board upon and among the owners of the estate real and personal, incorporated companies and associations in said city, in the manner herein directed.

board of

trict.

Expenses of § 27. No part of the expenses of the lamp, watch and fire dislamp watch and fire district shall be raised outside the same; nor shall any portion of the eighth and ninth wards be included therein: but the city council may at any time they think proper, by a vote of two thirds of each board, embrace any of the improved portions of said wards within such district, and such portions of the said wards may also be annexed to said district upon the application of a majority of the persons interested therein, if the said council deem it proper so as to annex the same.

Pure water

to be procured.

Notice to be published.

Administra

§ 28. The city council shall have power to make such examination and investigation as it may deem necessary, with a view to procure an ample supply of pure and wholesome water for the use of the city; and the expenses attendant upon any such examination and investigation shall be levied and collected in the same manner as the other expenses of the city which are incident to the lamp, watch, and fire district.

§ 29. Whenever the city council shall determine in what manner the city may be supplied with such water, it shall cause notice of the same to be given in the public newspapers, together with the estimated expense of procuring such supply, and should the said council determine to adopt such plans as may be deemed feasible, it shall be their duty to refer the matter to the people residing in the lamp, watch, and fire district at the next ensuing election; and should a majority of the people vote in favor of the adoption of such plan, the council shall advertise for estimates for the prosecution of such works as may be necessary, and shall have power to contract loans and borrow money on the faith of the city for the completion of such works.

TITLE III.

OF CITY OFFICERS, THEIR ELECTION AND DUTIES.

§ 1. The administrative powers of the said corporation shall tive powers. be vested in a mayor, chief marshal, comptroller, street commissioner, collector of taxes, and such other officers as shall from time to time be created by law, or appointed by virtue of this

act.

tion for of

§ 2. No person shall be elected or appointed to any such office Qualificaunless he be at the time of his election a resident and elector of fice. the city, and if elected to any ward or district office, an actual resident in such ward or district: and his removal therefrom shall vacate such office.

§ 3. Elections for such officers as are by the provisions of this Elections. act to be elected, shall be held annually in each of the wards and election districts of said city, on the second Tuesday of April, at such places as the city council shall designate. The electors shall vote by ballot in the district where they actually reside.

Ballots.

§ 4. On the outside of each ballot, when folded, shall appear, written or printed, one of the following words, "City," "Excise," but no ballot found in the proper box shall be rejected for want of such endorsement. The ballot endorsed "City" shall contain the names of all the city officers and justices then to be chosen, except commissioners of Excise, any or either of them: and the ballot endorsed "Excise," the names of the commissioners of excise to be chosen, any or either of them; such ballots shall be deposited in separate boxes to be provided by the city for that purpose, and all the provisions of law in respect to the election of state officers shall be deemed to apply to elections held under this act so far as the same are applicable and consistent therewith. § 5. The original statements which shall be made of the can- Canvassers vass shall be duly certified by the inspectors. They shall deliver one copy thereof together with a copy of the poll lists to the city clerk, and another copy of each to the secretary of the board of assessors within twenty-four hours after the closing of the polls, which shall remain with them until delivered to the board of canvassers, without alteration, supplement or amendment.

to certify statements.

canvassers.

§ 6. The board of aldermen shall constitute the city board of Board of canvassers. The mayor, or in his absence the president of said board shall preside, and the city clerk shall be the clerk thereof. They shall meet at the room of the board of aldermen on the Monday next following the election, at or before five o'clock of that day, and a majority of aldermen shall constitute a quorum. The clerk shall then produce the original statements of the canvass in each district as the same shall have been delivered to him, and from them the board shall proceed to ascertain the votes given at such election for the several persons voted for thereat, for the several offices mentioned in such statements.

of votes.

§ 7. They shall make a written statement of the whole number Statements of votes given for mayor of said city, as well as for the several other officers and justices to be elected for said city, and the several wards thereof; the names of the persons to whom such votes were given, and the number of votes given to each.

tion as to persons

$8. Upon such statement, the board shall proceed to determine Determinaand declare what person or persons have received the highest number of votes, for each of the offices mentioned in such state- elected. ment. In case any two or more persons shall have received an equal number of votes for the same office, the board shall deter

Clerk to keep minu. tes, &c.

Mayor.

His duties.

Ib.

Provision in case of vacancy.

Comptroller to be elected.

mine 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 city clerk.

§ 9. 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 one or more of the newspapers printed in said city. And within two days after the board shall have determined what persons have been elected to the several offices in said city, the said clerk shall cause written notice of his election to be given to each of the persons so elected.

§ 10. The mayor shall be elected every two years, and no person shall be eligible to that office unless he has resided in the city at least five years, and has attained the age of twenty-five years. His salary shall be two thousand dollars per annum, but it shall be competent for the city council to change such salary, provided the change does not take effect during the term of office of the then present incumbent. It shall be his duty :

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

2. To be vigilant and active in causing the laws and ordinances of the city to be duly executed and enforced, and to exercise a constant supervision over the conduct and acts of all subordinate officers, and 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.

§ 11. Whenever there shall be a vacancy in the office 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 said president be absent, or disabled, the president of the board of common councilmen shall act as mayor, and possess all the rights and powers of the mayor during the vacancy in office, absence or disability of the mayor.

§ 12. There shall be a comptroller elected by the city at large, every two years. He may be re-elected at the end of the first term, but shall be ineligible every third term. He shall render to the city council at its first meeting in each month, and oftener if required, a full and detailed statement of all the receipts and disbursements of the city government since his last report, specifying the amounts expended and unexpended on each appropriation made by the city council, with the state of each account, together with a general statement of the 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 city council, prepare the annual