Over hibited. Penalty over drafts. under the appropriate heads of expenditures of all orders drawn upon the treasury. But no warrant, check or draft shall be signed by the rafts pro- clerk or be paid or accepted by the treasurer, the effect of which shall be to overdraw any of the funds aforesaid, or when there shall not be money in the treasury applicable to the payment of such warrant, check or draft, to pay the same in full. Any violation of this profor making vision by the clerk or treasurer shall be a misdemeanor, and shall subject the offender to a fine of not less than ten dollars nor exceeding one hundred dollars, and it shall be the duty of the district attorney of the county of Monroe to prosecute any person so violating this provision, on the complaint of any tax payer of the city of Rochester. The books and accounts of the treasurer shall at all reasonable hours be open to the inspection of any elector of said city. At the last regular meeting of the common council in the month of March in each year, the treasurer shall make a report, exhibiting a full account of the receipts and expenditures during the last preceding year, and from the date of the last like report, and also the state of the treasury and the funds aforesaid; which report and account shall be referred to a committee for examination. Annual report. Commis § 59. The commissioners of excise of the said city shall make a report in writing every month to the common council, signed by such commissioners and verified by their oath, and shall deliver such rereport and port so verified to the city clerk, before the last day of the month, sioners of excise to make monthly pay over money received. Verified report. City duty of. which report shall contain a full, true and detailed statement of all moneys received by them and not before reported as hereby required, with the date and amount of each and every item of money received, and the name and place of business of each and every person licensed (not before reported as aforesaid) and the amount charged in each case. With every such report shall be the city treasurer's receipt, showing that the full amount of moneys so reported have been paid to him. A like verified report shall be made and bear date on the Saturday next before the first Monday of May in each year, and shall be delivered to the city clerk with the treasurer's receipt as aforesaid within two days thereafter. § 60. The attorney of said city shall prosecute and defend all actions attorney, brought by and against said city, and render such other professional services connected with the affairs of said city as may be required of him by law or by the common council. Supt. of streets, duty of. President of com mon coun absence, etc., of § 61. It shall be the duty of the superintendent of streets to superintend, under the direction of the executive board, all work to be done or ordered upon or in relation to any of the public streets, parks, walks, bridges, sewers, pumps or reservoirs of said city, and to perform, under the direction of said board, such other duties as are by law imposed upon him. If no superintendent of streets shall be appointed, then all powers and duties by this charter imposed upon him shall belong to and be performed by the executive board of said city. § 62. In case of the absence or inability of the mayor to act as such, or in case his office shall become vacant by death, resignation or othercil to act in wise, the president of the common council shall possess all the powers and perform all the duties of mayor during such absence or inability or mayor. during the remainder of his term of office, in case of a vacancy therein. § 63. The constables elected in said city, or in the different towns not to of the county of Monroe, shall not be compelled to serve or execute cess issued any process, notice or paper whatever, issued by the police justice or the municipal court of said city, in execution of the laws of the State for the prevention of crime and the punishment of criminal offenders, Constables serve pro by police justice. or of the police laws and regulations of the State or of said city; nor shall the county of Monroe, or any of the towns thereof, or said city, be liable to pay any such constable any fees for serving or executing such paper or process. In other respects the constables elected in said Duty in city shall have within said city and the county of Monroe, the same respects. authority and compensation, and be subject to the same duties, as the constables of the several towns of said county. other justice, § 64. The police justice of said city shall keep an office in such place Police in said city as the common council shall designate, and it shall be his office of. duty to attend to all complaints of a criminal nature which may come before him, at all reasonable hours. He shall not be entitled to re- Not to ceive any fees or reward for any service, but shall receive in full com- fees. pensation for his services as police justice an annual salary, to be fixed, Salary of. from time to time, by the common council of said city, to be paid from the treasury thereof. receive to be paid urer. § 65. All the fines and penalties imposed by said police justice shall Fines, etc., be paid to the police clerk, and all moneys that shall be paid to or to police received by him as such shall belong to the city of Rochester, and the clerk. police clerk shall report, on oath, to the said common council, at the Report of. first regular meeting thereof in each month, during the term for which he shall be appointed, the number and names of persons fined, and the names of persons against whom judgment shall have been rendered by said police justice for any penalty or penalties, with the dates and amounts of such fines and penalties respectively, and all moneys collected or received by him as such police clerk, for fines, or penalties, or otherwise, and shall pay to the treasurer of said city, in To be paid each and every week during the term for which the said police clerk to treas shall be elected or appointed, or during which he shall hold said office, all moneys received by him which are herein before declared to belong to said city; which moneys, except as hereinafter otherwise expressly provided, shall be, by said treasurer, credited to the police To be credfund, and any neglect to comply with the provisions of this section ited police shall be good ground for the removal from office of said police clerk. The said police justice may be removed from office by the county court Police jusof Monroe county, for official misconduct, neglect of, or unfaithful or tem insufficient performance of any of his duties, on charges preferred by moved for the common council or by any one or more electors of the said city of misconRochester; but notice of such charges against him, and an opportunity duct. of being heard in his defense, shall first be given in such manner as said court or the judge thereof shall direct. tice may be re official dockets tion. $66. All dockets and other books kept by said police clerk shall, at Books and all times, be subject to the inspection and examination of the city subject to attorney, the common council, or any member thereof, or of the board inspecof police, and it shall be the duty of said clerk to produce such docket or books whenever and wherever the common council or board of police shall direct; and if he shall neglect or refuse to produce such docket or books as required, the county judge of Monroe county may, on application to him for that purpose, make an order requiring the same to be produced, and enforce obedience thereto, and punish disobedience thereof in the same manner in which obedience to other orders made by him is enforced or disobedience thereof punished. justice to account for mon § 67. It shall be the duty of the police justice, for the time being, Police on the first Monday in May and November, in every year, to deliver an account, verified by his oath, to the mayor of said city, of all moneys, goods, wares and merchandise then remaining unclaimed in said police office, and immediately thereafter to give notice, for four weeks eys, etc. be published. Sale of property. Notice to weeks, in one of the public newspapers printed in the said city of Rochester, to all persons interested or claiming such property, that unless claimed by the owner with satisfactory proof of such ownership, before a specified day, the same shall be sold at auction to the highest bidder. On the day and at a place specified in such notice, all property remaining unclaimed, except money, shall be sold, at auction, by said justice, or under his direction. If any goods, wares merchandise or chattels to be sold of a perishable nature, or which shall be expensive to keep, shall, at any time, remain unclaimed in said police office, it shall be lawful for said police justice to sell the same at public auction, at such time and after such notice as to him and the said mayor shall seem proper. The Money to said justice shall, immediately after the sale of any property in accordance herewith, pay to the treasurer of said city all moneys, remaining unclaimed in his hands as such police justice, and all moneys received by him upon such sale, after deducting the expenses thereof. Certain property without notice. be paid treasurer. Stolen § 68. It shall be the duty of the police justice, aforesaid, whenever property. he shall obtain possession of any stolen property, on his receiving satisfactory proof of property from the owner, to deliver such property to the owner thereof, on his paying all necessary and reasonable expenses which may have been incurred for the preservation and sustenance of such property. District attorney § 69. No property shall be sold or delivered in pursuance of the may direct foregoing sections if the district attorney of Monroe county shall direct that it shall remain unsold or undelivered for the purpose of being used as evidence in the administration of justice. property not to be sold. Policemen to obey orders of mayor, etc. Criminal expenses to be paid § 70. The chief of police and policemen of said city shall obey the lawful orders of the mayor, aldermen and of the police justice, or of any person legally exercising the criminal jurisdiction of a justice of the peace in said city, in enforcing the laws of this State or the ordinances of said city; and in case of refusal or neglect so to do, he or they shall be subject to a penalty of not less than five dollars nor more than one hundred dollars. § 71. The expenses of apprehending, examining and committing offenders against any law of the State in said city, and of their confineby county. ment, shall be audited, allowed and paid by the supervisors of the county of Monroe, in the same manner as if such expenses had been incurred in any town of the said county, to be assessed on said city. Chief fiscal officer. Control of Cemetery. § 72. The city treasurer shall, by virtue of his office, be the chief fiscal officer of the city and have the care and custody of all the funds and securities belonging to the city, except as may be otherwise provided. § 73. Mount Hope Cemetery shall be under the control of three commissioners who shall constitute a board of commissioners. § 74. The commissioners of Mount Hope Cemetery shall have the care, custody and management of all property upon the grounds, and shall employ a superintendent and such laborers as they may deem proper, and regulate their compensation and services. They shall Maps to be cause suitable maps to be made and perfected of all grounds, roads and lots therein, and shall regulate the sales and prices of lots and interments, and shall make such regulations for the use and protection of the cemetery as they shall deem proper, in no case, however, being allowed to charge a fee to visitors. made. Fund to and how applied. $75. The commissioners of Mount Hope Cemetery shall cause a be created fund to be provided from the receipts of the said cemetery, by appro priating annually not less than ten per cent of the gross receipts, which shall be applied, first to the payment of mortgages now existing upon portions of the cemetery, and second, to create a repair fund, which shall not exceed fifty thousand dollars, which shall be invested, and as soon as it is of sufficient amount, the interest thereof shall be applied solely to the repairing of roads, lawns, hill-sides monuments, abandoned lots and public grounds, and such repair fund shall never, under any pretext or evasion, be diverted from this declared purpose, and the interest thereof shall be used annually as hereabove directed. moneys $76. The city treasurer shall receive and deposit in one or more of Treasurer the savings banks in the city, of good standing, all moneys from the to deposit sale of lots and other sources, and also all penalties collected for violations of city ordinances in relation to Mount Hope, and shall pay all expenses incurred at Mount Hope, by making his check upon such savings bank, which check shall in all cases be countersigned by two or more commissioners. executed and clerk, § 77. All deeds and conveyances of lots shall be executed by the Deeds, mayor and city clerk and countersigned by the treasurer, and recorded etc., to be in the city clerk's office. The commissioners of Mount Hope Cemetery by mayor shall receive no compensation for their services, and shall make an etc. annual report, under oath, to the common council, at its last regular meeting in March, of their receipts and expenditures and of all matters committed to their charge. §78. The sealer of weights and measures appointed for said city Sealer of shall possess the like powers, be subject to the like obligations, and weights receive the same fees as sealers of weights and measures of the several ures. towns of this State. and meas poor. § 79. The overseer of the poor of the city of Rochester shall have overseers the power to administer to, and examine under oath, any person apply- of the ing to him for relief; and false swearing during such examination shall be deemed willful perjury. He shall also have the same power to settle cases of bastardy, as now conferred upon the superintendent of the poor, and shall possess all the powers and authority of overseers of the poor in towns. TITLE V. TAXES, FUNDS, REVENUE AND EXPENDITURE. counts, § 80. The common council shall examine, settle and audit all ac- Auditing counts chargeable against the city as well of its officers as of other of acpersons, except as otherwise expressed by this charter or other law, etc. and shall have authority to direct the raising of such sums as shall be necessary to defray the same and the contingent expenses of the city, subject to the limitations and restrictions hereinafter contained; they shall have the power to borrow money, as in the next section provided, and also to borrow against any tax or assessment levied, but not collected, to an amount not exceeding the amount thereon uncollected, and to issue therefor the obligations of the city payable in not more than one year, with interest at not over seven per centum. $81. For the purpose of paying such expenses the common council Annual shall raise annually such sums as shall be estimated and reported by tax. the finance committee as necessary, in the manner hereinafter provided. The said finance committee may at any time require from the chair- Finance man of each of the committees of the common council, and it shall be committee his duty to furnish to the finance committee, and in such form as they quire estishall require, full and particular estimates of the amount needed by the various funds and departments in their charge, and especially for lighting the city, for the support of the police department, for the general contingent expenses of the city, for the support and relief of may re mates. Detailed statement to be made to common council. the poor, for the maintenance and improvement of public parks and squares, the expenses of the board of health, and for all other necessary expenses of said city during the next fiscal year. The finance committee shall prepare, and on or before the first regular meeting of the common council, in May of each year, they shall present to said council a statement, in detail, of the several sums which will be needed for said funds, and to meet the expenses of the year for all proper municipal purposes, and showing what sums will be, in their opinion, necessary to be raised for other specific purposes. The common council may alter or amend such statement in their discretion, but not so that the aggregate amount to be raised shall exceed that so reported to them by the finance committee, unless such increase be made by a vote of two-thirds of all the members elected, subject to the approval Estimates. of the mayor. They shall cause such estimates as amended to be pub bonds. Highway tax. A lished for six successive days in one or more newspapers of said city, before finally determining the amount of the general tax, which must be determined by the first regular meeting in June in each year. vote of a majority of all the members of the common council shall be necessary to fix such amount, and the statement, as finally adopted, Tax to pay shall be entered at large in the minutes. The said common council interest on shall also raise annually by tax, with the general taxes of said city, an amount sufficient to pay interest upon all the bonds issued by the said city, and all the principal, or installments of principal, of said bonds falling due within the then current fiscal year for the payment of which provision shall not be otherwise made. In addition to the amount authorized to be raised in each year, for the construction and repairs of highways, the common council are hereby authorized to raise by tax in said city annually, a sum not exceeding two thousand seven hundred dollars, for the purpose of cleansing and keeping in repair the following avenues, or such of them as have been or may hereafter be permanently improved between the points indicated: North street, from East Main street to the railroad; East Main street, from Scio street to the city line; East avenue, from East Main street to the city line; Monroe street, from South Clinton street to Alexander street; Mount Hope avenue; West avenue, from the Erie canal to the city line; Lyell street, from State street to the city line; Lake avenue, from Lyell street to McCracken street; Plymouth avenue, from the Genessee* Valley canal to the city line. But no more than three hundred dollars for each of said streets or avenues shall be raised in any one year; also a farther sum not exceeding fifteen hundred dollars for the purpose of cleaning and keeping in repair North St. Paul street from Scranton street to the city line, Mount Hope avenue from the Erie canal to Mount Hope Cemetery entrance, and South avenue, from the Erie canal to the city line, but no more than five hundred dollars for each of said streets or avenues shall be raised in any one year. No member of the common council shall vote for the from fund payment of any money out of any of the general funds herein named or out of any other fund in the city treasury, knowing that such fund is without money to pay the same; and any person violating this provision shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than one hundred dollars, or be imprisoned in the Monroe county penitentiary for the period of ten days; and the district attorney of the county of Monroe is hereby specially directed and it shall be his duty to prosecute all Amount limited. Not to vote to without money to pay. So in the original. |