of publi. cation.

an affidavit of such publication, made by the printer, publisher or Amdavit foreman, shall be filed in the office of the city clerk, and the same, or a copy thereof, certified by said city clerk, shall be presumptive evidence in all courts or places, of the legal promulgation of such ordinance, by-law or regulation.

tions for

etc., when

effect.

§ 35. No resolution authorizing any public improvement shall have Resolu any effect unless approved by the mayor, in writing, within four days improve. from the time of its passage. No resolution directing the payment of ments, money shall take effect within four days from the time of its passage; to take but the same shall take effect thereafter, unless, within said four days, the mayor file in the office of the city clerk his reasons, in writing, why the same should not be adopted. In case any resolution authorizing Repassage a public improvement is not approved by the mayor within the time in case of aforesaid, or in case any resolution directing the payment of money is proval or disapproved by the mayor, as aforesaid, the common council may, at mayor. its next regular meeting, repass the same by a concurring vote of twothirds of all its members, exclusive of the mayor, when the same shall go into effect.

TITLE V.

POWERS AND DUTIES OF CITY OFFICERS.

non-ap

veto of

hispowers

§ 36. The mayor shall be the chief executive officer of the city; Mayor, shall, when present, preside at all meetings of the common council; and duties shall sign all appointments made by them; shall communicate to the common council, annually, a general statement of the finances and governmental affairs of the city for the current fiscal year, and submit an estimate of the amount of money necessary to be raised for ordinary and extraordinary expenses during the following year. He shall have power to administer oaths, take affidavits and acknowledgments of deeds, and receive the same fees therefor as justices of the peace. He shall have power, with force if necessary, to suppress all riots, unlawful assemblages and disorderly conduct, and for that purpose may enter any house or building to make arrests, and, when necessary, may call out the militia of the city to assist in the execution of the laws. He shall possess all the powers and authority conferred General upon mayors of cities by any general statute of this State.

powers.

interim.

§ 37. When the mayor shall be unable to perform the duties of his Mayor ad office in consequence of sickness or absence from the city, the common council shall appoint, by ballot, one of their members as presiding officer, who shall be vested with all the powers and perform all the duties of mayor, until he shall resume the duties of his office.

§ 38. The aldermen shall attend the meetings of the common coun- Aldermen cil and act upon committees, when appointed, and possess such powers as are conferred by general law upon aldermen of cities.

his duties.

§ 39. The city clerk shall have an office in the city hall, which shall City clerk, be kept open at such times as the common council may prescribe. He shall attend all meetings of the common council; keep a record of its proceedings; have the custody of the corporate seal; carefully index, file and arrange, in his office, for convenient use, all books and papers required by law or the common council; see that all matters requiring publication are promptly and correctly published; countersign all To coun licenses granted by the common council, and enter in an appropriate tersign book the name of every person to whom a license shall be granted, the etc. date and particulars thereof, and the sum paid therefor. At the first regular meeting of the common council in each month, he shall report

licenses,

Delivery tions.

notices.

the amount so received, accompanied by the receipt of the city treasurer therefor. Within twenty-four hours after the passage of any resoof resolu- lution authorizing any public improvement, or for the payment of money, he shall deliver to the mayor a copy thereof, and within twenty-four hours after any resolution directing the payment of any money shall take effect, he shall furnish to the city treasurer a certified copy of said resolution, with a statement of the proceedings of the Duty as to common council relating thereto. He shall immediately notify every person elected or appointed to any office, and shall give notice to all members of the common council, of special meetings thereof. He shall serve, or cause to be served, all notices required by the common Other du- council, and perform such other duties as it may require. He shall have the power and perform the duties of town clerk. He may administer oaths, take affidavits, acknowledgments of deeds and other papers, and receive the legal fees therefor. For all his services as city clerk and town clerk, he shall receive an annual salary of six hundred Clerk pro dollars, payable monthly. In case of inability of the city clerk to tempore.. act, the common council may appoint a city clerk pro tempore, who shall perform the duties of the office until the city clerk shall resume the

ties and

powers.

Salary.

City treasurer, his office hours.

Duties.

etc.

books.

report.

same.

§ 40. The city treasurer shall have an office in the city hall, which shall be kept open on each day in the year (Sundays, election days and legal holidays excepted), from nine o'clock in the forenoon until three o'clock in the afternoon, or at such hours as the common council may direct. He shall receive all county and city taxes and local assessments; shall have the custody of all moneys belonging to the city; and shall keep at his office all assessment rolls and warrants Account which may be delivered to him by the supervisors or city clerk. He of rec'pts, shall keep an account of all receipts and expenditures, and shall enter daily in suitable books the sums received by him for all purposes, with the names of the persons on whose account the same are paid. Exhibit of When requested, he shall exhibit for the inspection of the mayor or the committee on finance, all books and papers in his office, and shall Quarterly report to the common council at its first meeting in April, and quarterly thereafter, the moneys in the treasury, to what fund belonging, the debts and liabilities of the city in detail, and when and for what incurred. He shall receive for his compensation an annual salary of fifteen hundred dollars, payable quarterly. He shall, before assuming the duties of his office, enter into a bond with the city of Auburn, in such penal sum as may be fixed by the common council, with two or more sureties, to be approved by the mayor, conditioned for the faithful discharge of the duties of his office, for paying into the city treasury all moneys belonging to the city of Auburn, and for accounting, when required; which bond, when so approved, shall be filed in the office of the clerk of Cayuga county, in like manner as the bonds of town collectors. Said bond shall be a lien on all the real estate of the New bond. city treasurer and his sureties situate in the county of Cayuga. The common council may require the city treasurer to give a new bond, in such penalty as they shall fix, with sureties to be approved as aforesaid, which new bond shall be filed in like manner and with like effect as the former bond.

Salary.

Official

bond to

city.

Consta bles.

§ 41. The constables shall possess the same powers, be subject to the same liabilities and receive like fees as constables of the several towns of the State, and shall possess such other powers as relate to their duties under this act.

their powers and

§ 42. The assessors shall perform the duties and possess the powers Assessors, conferred upon assessors of towns, and be subject to like obligations, and shall perform all the duties specified in this act in reference to duties. the assessment of property within the city for the purpose of levying the taxes imposed by the common council, or for defraying the expenses of local improvements, and shall make and deliver to the city treasurer, on or before the first day of April in each year, a proper description of the lands on which taxes or assessments are levied and unpaid, with the names of the owners or occupants, if known. For all services Salary. performed under this act, they shall each receive an annual salary of five hundred dollars, payable quarterly.

§ 43. The supervisors shall have the powers of supervisors of towns, Supervi except as herein otherwise provided, and shall be members of the sors. board of supervisors of the county of Cayuga.

$ 44. The city attorney shall be the legal adviser of the common City attorcouncil and of the several departments of the corporation; shall pre- ney. pare all legal papers for the city; have the management of all its law business, and perform such other duties as the common council may require. In case of his sickness or absence, he shall have power to authorize any attorney to appear for and on behalf of the city in any suit or proceedings.

tendent.

§ 45. The street superintendent shall personally superintend the Street making and repair of streets and other highways ordered by the com- superinmon council, and perform such other duties as the common council may require, by ordinances or otherwise, and, in all matters, act under the direction of the mayor.

of fire de

§ 46. The chief and assistant engineers of the fire department shall Engineers perform such duties as shall be provided by this act or the ordinances partment. of the city, and the rules and regulations of the fire commissioners.

§ 47. The city surveyor shall make surveys and maps, and, under City surthe direction of the common council, establish grades of streets, high- veyor. ways, sidewalks, bridges and sewers, and perform such other duties as the common council may prescribe.

§ 48. The keeper of the city hall shall perform such duties as the Keeper of common council may prescribe.

city hall.

and meas

§ 49. the sealer of weights and measures shall perform such duties sealer of and receive such fees as are, or may be provided by law. He shall be weights inspector of oils, and shall receive such fees for inspecting oils as the ures. common council may fix by ordinance, to be paid by the parties whose oil shall be inspected.

§ 50. The scavenger shall, under the direction of the street superin- Scaven tendent, remove, or cause to be removed, from all public places, noisome ger. or offensive matter, and perform such other duties as the common council may prescribe.

§ 51. The city sexton shall have charge of the burial grounds of the City sexcity, and shall perform such duties as the common council may prescribe.

ton.

bonds of

certain

cers.

52. The city clerk, recorder, city judge, street superintendent, oficial justice of the peace, and constables of said city, shall, before assuming the duties of their respective offices, execute a bond to the people of city offi this State, in such sum and with such sureties as the mayor shall approve, conditioned that they shall faithfully execute the duties of their repective offices, and account for, and pay over all moneys received by them respectively, according to law, which bonds, with the approval of the mayor endorsed thereon, shall be filed with the city treasurer. The common council may require each or any of said officers to give an Additionadditional or new bond, in such penalty as they shall fix, which addi- al bonds.

tional or new bond shall be approved and filed in like manner as the former bond.

TITLE VI.

CITY COURTS.

§ 53. The recorder shall hear all complaints made to him upon oath against any person charged with the commission of a felony, misdeand juris- meanor or statutory offense within the county, or of the violation of

Recorder, his duties, powers diction.

Record

for viola

Fines.

any ordinance within the city, and may compel the attendance of witnesses, and examine them on oath upon the hearing of such complaint, and if he has reason to believe, from such examination, that the offense has been committed by the person charged, he shall issue his warrant in due form of law. He shall possess the powers and jurisdiction and be subject to the liabilities of justices of the peace of towns, and may be removed in like manner. He shall have exclusive

jurisdiction as against the city, judge and justice of the peace within. the city, in all criminal matters and violation of city ordinances. All er's court. courts held by him, including such as have heretofore been denominated Sentences courts of special sessions, shall be known as the recorder's court. He tion of or may sentence any person convicted before him and fined for a violation dinances. of any ordinance, to imprisonment in the county jail until the fine be paid, not to exceed the period of imprisonment named in such ordinance. He shall receive, quarterly, from the sheriff of the county, all moneys paid to said sheriff for fines imposed for violation of city ordinances, which, together with all other moneys received by him for like Quarterly purposes, he shall pay over to the city treasurer. He shall report, in detail, to the common council at the first regular meeting in each quarter, the names of all persons fined by him, with the date and amount of such fines respectively, and all moneys received by him on account thereof, accompanied by a receipt from the city treasurer therefor.

report.

When city

Justice of

to act as

§ 54. In case of the inability of the recorder to act, or of a vacancy Judge or in said office, the city judge, or, if he shall be unable or decline to act, the peace then the justice of the peace shall perform the duties, possess the recorder. powers and jurisdiction, and be subject to the liabilities of recorder until he shall resume the duties of his office. The city judge or justice of the peace shall continue to have jurisdiction in any matter over which he shall, as aforesaid, have acquired it, until he shall have finally disposed of the same. In such cases the justice of the peace shall, after the recorder resumes the duty of his office, receive the same fees as provided for justices of the peace, by law, in criminal cases, to be audited and paid in the same manner.

City court.

tion.

§ 55. There shall be a court of civil jurisdiction, to be called the "city court of the city of Auburn," which shall be held by the city judge; said court shall be open for business each day (except Sundays and Jurisdic legal holidays) at nine o'clock in the forenoon, and shall have jurisdiction in civil actions and proceedings cognizable by law in justices' courts, and shall have jurisdiction in all actions arising on contract for the recovery of money only, in which the demand claimed in the comPractice, plaint does not exceed five hundred dollars. The process, pleadings, practice, trial costs, judgments, and all proceedings thereon, shall be the same as in justices' courts of towns, except as is otherwise by this act provided.

etc.

Process.

§ 56. Process shall be made returnable before said court, by its proper title, and may be signed and issued either by the city judge, recorder City judge or justice of the peace; the city judge shall have the powers, and be

in case of

subject to the liabilities (including removal from office), of justices of the peace in towns; in case of his absence or inability to act, the Provision recorder or justice of the peace, upon the written request of said city absence, judge, or of the mayor (if the city judge shall not so request), shall hold etc. said court, and shall possess all the powers of city judge in said city; the person so holding said court may hear, try and determine any case or proceedings over which the said court, or any justice of the peace, shall have jurisdiction in said city. When a demand shall be made Jury for a jury by a party entitled thereto by law, the person holding said trials. court shall issue venire therefor, as hereafter provided, and shall preside at trials by jury in said court.

be

mons.

§ 57. In an action brought in the city court, arising on contract, Comfor the recovery of money only, the plaintiff shall attach a copy of his served complaint to the summons, and it shall be served at the same time with sumtherewith, by delivering to and leaving with the defendant, personally, a copy thereof; the summons and complaint may be served by any person of full age, not a party to the action; the complaint shall be Form of in writing, and may be made and verified in the same manner as re- and filing. quired by the code of procedure in actions in courts of record, and shall be filed in the office of the city judge on or before the return day of the summons.

complaint

answer.

§ 58. In case the defendant appears and answers, such answer shall Form of be in writing, subscribed by the defendant or his attorney, and shall be made and verified (when the complaint is verified) the same as provided by the code of procedure with regard to answers in courts of record. Attorneys who sign pleadings must be such as are admitted Attor to practice in the supreme court of this State.

neys.

on default.

default,

and after

§ 59. In case the defendant fails to answer the complaint as in this Judgment title provided, the court, upon filing the summons and complaint, when duly verified, with proof by certificate when made by a constable and by affidavit when made by any other person, of due service thereof, shall forth with, without further proof, enter judgment for the plaintiff for the amount demanded in the complaint, with costs and disbursements, and in such case, when the amount so recovered shall exceed Costs on fifty dollars, the court shall add five dollars costs in the judgment which the plaintiff shall be entitled to recover of the defendant; when issue trial had. shall have been joined in any action and trial had, the party in whose favor judgment shall be rendered, shall recover of the opposite party fifteen dollars costs, when the amount recovered, exclusive of costs, exceeds fifty dollars, which shall be added in the judgment to the costs allowed by law in justices' courts. Whenever a judgment shall be rendered in this court, it shall be with costs of the suit, but the whole amount of such costs (exclusive of attorney's fees) shall not exceed ten dollars, and all fees which the city judge is entitled to demand and receive under this act, whether incurred on the part of the plaintiff or defendant, shall be included as costs in said judgment.

§ 60. On the first Tuesday of August, after this act shall take effect, Jury lists. and on the first Tuesday of August in every third year thereafter, the mayor of the city, with the recorder, city judge and justice of the peace, or any three of them, shall meet at the office of the county clerk of Cayuga county, and shall write the names of all persons on the jury list last made out, signed and filed by the officers of said city, in said clerk's office, with their additions, on separate pieces of paper, and deposit the same in a box to be provided for that purpose, and shall draw therefrom one hundred of said pieces of paper, and shall make and certify under their hands and seals, four lists of names of the persons upon