heretofore been subject to modification, amendment or repeal by the board of aldermen, municipal assembly or other legislative body of the city of New York or of the several municipal corporations and parts thereof united and consolidated to form the city of New York.

§ 39. The ordinances in force on the thirty-first day of December, nineteen hundred and nine, shall, so far as practicable, be reduced to a code and published. The code of ordinances of the city shall be revised by the council in the year nineteen hundred and ten and in every fifth year thereafter. All ordinances adopted during each calendar year shall be compiled and published on or before the first day of March of the succeeding year. $ 40. The council shall not:

1. Enter into, modify or in any manner alter the terms of any contract for any public work or improvement whatsoever, or release any contractor with the city or any department from any fine or penalty incurred under his contract, or extend the time of performance of any contract; or pass any ordinance or resolution authorizing any officer so to do;

2. Audit or allow any claim against the city.

41. The council may appoint commissioners of deeds who shall hold office for two years from the date of appointment. Such appointments shall not require the approval of the mayor.

§ 42. The council may at any time appoint a special committee to inquire whether the laws and ordinances relating to any subject or department of the city government are being faithfully observed, and the duties of the officers and employees of the city or any department thereof are being faithfully discharged, and to examine and report whether there are any unnecessary, inefficient or unfit employees, excessive salaries, wages or compensation paid, and to inquire generally in respect to any and all matters which will conduce to the orderly and economical administration of the business of the city or any department thereof. Such committee shall have access to the books and records of the city and of any department, officer or employee thereof, and for the purpose of any such inquiry shall have the powers conferred upon an officer, person, board or committee by sections eight hundred and forty-three and eight hundred and fifty-four of the code of civil procedure.

§ 43. The council shall have such power and perform such duties in respect to the budget and the tax levy as are prescribed in sections sixty and sixty-one and one hundred and twenty-six.

CHAPTER IV.

Executive.

Section 44. 1. The executive power of the city shall be vested in the mayor.

2. No person shall be eligible to the office of mayor unless he' shall have been a citizen of the United States and a resident of the city for at least ten years preceding his election.

3. The salary of the mayor shall be twenty-five thousand dollars a year.

45. The mayor shall be elected by the voters of the city at large at the general election in the year nineteen hundred and nine, and every four years thereafter, and shall hold his office for a term of four years commencing on the first day of January next after his election.

§ 46. 1. Whenever there shall be a vacancy in the office of mayor, the president of the council shall become mayor until the first day of January succeeding the first annual election after the happening of such vacancy.

2. In case of the mayor's suspension from office or absence from the city or of his being prevented by sickness from attending to the duties of his office, the president of the council shall act as mayor and possess all the rights and powers of the mayor during such suspension, absence or sickness, except as in this section otherwise provided.

3. Whenever the president of the council shall act as mayor in consequence of the mayor's suspension from office, he shall not exercise any power of appointment to or removal from office.

4. Whenever the president of the council shall act as mayor in consequence of the mayor's absence from the city or sickness, he shall not exercise any power of appointment to or removal from office unless such absence or sickness shall continue for at least thirty days.

5. The president of the council shall not sign, approve or disapprove any ordinance or resolution, unless the suspension, absence or sickness of the mayor shall have continued for at least nine days.

§ 47. It shall be the duty of the mayor:

1. To communicate to the council, at least once in each year, a general statement of the finances, government and improvements of the city;

2. To be vigilant and active in causing the ordinances of the city and laws of the state to be executed and enforced;

3. And generally to perform all such duties as may be prescribed for him by this act, the administrative code, the laws of the state, and the ordinances of the city. He shall prescribe the duties of all officers and employees in his office.

§ 48. 1. The mayor shall appoint and may at pleasure remove all heads of departments, the commissioner of inquiry, the members of the art commission and the members of every board and commission whose salaries or expenses are paid out of the city treasury, whose appointment or election is not otherwise expressly provided for by this act or by law; but the trustees of the College of the City of New York shall be exempt from removal except as provided in the administrative code.

2. He shall appoint justices of the courts of special sessions and city magistrates. A vacancy occurring otherwise than by expiration of term in the office of justice of the municipal court shall be filled by appointment by the mayor until the first day of January succeeding the first annual election after the happening of such

vacancy.

3. He may appoint a board to be known as the advisory board on city plan, to consist of such landscape architects, civil engineers and other persons as he may select, the members thereof to serve without salary and to act in conjunction with the board of estimate and apportionment in devising, formulating and advocating a plan or plans for the comprehensive development and improvement of the streets, parks and public places.

§ 49. The mayor shall appoint a municipal civil service commission to consist of three members, not more than two of whom shall be of the same political party. The commission shall have the jurisdiction and powers conferred upon such a commission by the civil service law of the state.

50. 1. The commissioner of inquiry, with the approval of the mayor, may appoint and at pleasure remove two deputies, one of whom shall be an attorney and counselor-at-law admitted to practice in the courts of this state at least five years prior to the date of his appointment. The commissioner, his deputies and their subordinates shall constitute the bureau of examination in the mayor's office.

2. Subject to the civil service law, the subordinates of the bureau shall be appointed by the commissioner of inquiry with the approval of the mayor.

3. The commissioner and deputy commissioners shall make investigations into the affairs of any office or department of the city or any division thereof, or of any county included within the city, and the manner of conducting the public business therein. They shall report the result of any such investigation to the mayor whenever thereto by him directed. The mayor shall have exclusive discretion and power to determine the scope of any such investigation.

4. The commissioner of inquiry and his deputies shall have power to compel the attendance of witnesses and the production of books, documents and other papers, to administer oaths and to examine such persons as he or they may deem necessary.

51. There shall be the following administrative departments, each of which shall, unless otherwise stated, be presided over by a single head:

1. Finance department, the head of which shall be the comptroller;

2. City treasury, the head of which shall be the chamberlain; 3. Tax department, the head of which shall be known as the board of taxation;

4. Law department, the head of which shall be known as corporation counsel;

5. Police department, the head of which shall be known as police commissioner;

6. Health department, the head of which shall be known as the health board, to consist of the health commissioner, the police commissioner and the health officer of the port;

7. Fire department, the head of which shall be known as fire commissioner;

8. Department of education, the head of which shall be known as the board of education;

9. Department of docks and ferries, the head of which shall be known as dock commissioner;

10. Park department, the head of which shall be known as the park board;

11. Department of water supply, the head of which shall be known as water commissioner;

12. Department of street control, the head of which shall b known as street commissioner;

13. Bridge department, the head of which shall be known as bridge commissioner;

14. Building department, the head of which shall be known as building commissioner;

15. Tenement house department, the head of which shall be known as tenement house commissioner;

16. Charities department, the head of which shall be known as charities commissioner;

17. Department of correction, the head of which shall be known as commissioner of correction;

18. Bellevue and allied hospitals, the head of which shall be known as the board of trustees of Bellevue and allied hospitals.