der the same safe, or to take down or remove the same and prohibit such erections.

es.

3. To require the summary removal or abatement of all nuisances, Nuisancor substances likely to become such, from any street, lot or building. 4. To require the immediate enforcement of any or all of the Enforceordinances and regulations which may from time to time be adopted ordinancby the council.

ment of

08.

5. To require any officer of the city to furnish reports, information official or estimates whenever deemed proper by the council.

reports,

etc.

6. To designate two daily newspapers in the city in which shall be Oficial published all proceedings, notices, resolutions, ordinances or acts of newspathe common council.

pers.

for sup

7. To enter into contracts for services or supplies, and order the Contracts payment for the same, and to provide generally for the welfare of the plies. city.

§ 24. The common council shall also have power to make, alter, Ordinancestablish, modify, amend and repeal all such other ordinances, rules, repeal of, fire and police regulations, by-laws and resolutions as they shall deem etc. necessary and proper, and which are not in violation of the laws of this state or of the United States.

§ 25. In any and all ordinances, rules, regulations, by-laws and Penalties. resolutions, ordained or adopted by said common council, they may prescribe for every violation thereof such penalty as they may deem proper by a fine not exceeding one hundred dollars, or by imprisonment in the penitentiary of the county not exceeding three months, or by both such fine and imprisonment. All fines received or collected Fines to under the provisions of this act shall be paid by the officer receiving treasurer. or collecting the same to the city treasurer.

be paid

etc., to

fect.

§ 26. Every ordinance, by-law, rule or regulation which may be when orpassed by the common council shall take effect from and after its first dinances, publication in the official papers of the city; and every person offend- take ef ing against or violating any ordinance, by-law, rule or regulation passed or that may hereafter be passed by said common council shall be deemed guilty of a misdemeanor.

§ 27. Printed or written copies of all or any of the ordinances, rules, Evidence. regulations, by-laws and resolutions passed by the common council, and of their minutes and proceedings, together with any paper on file, may be read in evidence in any court in this state, when attested by the mayor or clerk, under the seal of the city, to the effect that the same are true copies thereof, with the same force and effect as if the originals were produced.

persons

es.

§ 28. It shall be lawful for the mayor, any alderman, police commis- Arrest of sioner, member of the board of health, supervisor, or superintendent violating of streets, and it shall be the duty of the chief of police, and every ordinancpoliceman and police officer of the city, to arrest, detain and take before the police justice of said city, or officer acting as such, every person whom they or any of them shall find committing a violation of any ordinance, by-law, rule or regulation passed or that may hereafter be passed by the common council of said city.

pass reso

§ 29. No motion or resolution or other action of the council shall pass vote necunless with the assent of a majority of all the members elected to the essary to common council. The ayes and nays shall be called and recorded on fution, all motions and resolutions authorizing the expenditure or collection of etc. money or the making of local improvements or repairs.

sioners of

§ 30. The mayor and common council shall be commissioners of high- Commis ways in and for the city of Syracuse, and possess and exercise the highways.

Duty of.

Ononda

ga creek, to be im

channel

proved,

etc.

Mayor,

powers and duties, and be subject to the liabilities of commissioners in towns. It shall be their duty, and they shall have power, to lay out, make, open, regulate, repair and improve highways, streets, lanes, alleys, bridges, public grounds, sidewalks, sewers, gutters, crosswalks, and alter, widen, straighten and discontinue the same when they shall deem proper, subject to the provisions of law and this act.

§ 31. They shall also have power to regulate and improve the channel of the Onondaga creek, and to prevent and prohibit encroachments thereon, and to clear out, deepen or improve the channel, and to drain the lands adjacent thereto, and to require obstructions to be removed from the same. Whenever said creek shall be improved or said lands drained the proceedings shall be the same, as near as may be, as in the case of laying out streets, and the common council shall have the same power to enter upon lands for such purposes as in the laying out of streets. The powers and duties by this section conferred upon the common council in respect to the Onondaga creek shall not be deemed to exclude, limit or modify the powers and duties conferred upon the Onondaga creek commission by existing statutes which shall continue in force.

TITLE V.

CITY OFFICERS-THEIR DUTIES.

§ 32. The mayor.-At the next charter election after the passage of duties of this act, and thereafter, the mayor shall be elected and hold his office for the term of two years. He shall receive an annual salary of five hundred dollars, which shall be in full compensation for all services performed by him. He shall have his office in the city hall, which shall be open daily (Sundays and legal holidays excepted) for the transaction of business, from nine o'clock in the forenoon until five o'clock in the afternoon. The annual salary of the mayor's clerk shall be fixed by the common council, and shall not exceed eight hundred dollars. § 33. He shall sign all deeds and contracts made and entered into by the city, and cause to be affixed thereto the city seal. In addition to the powers conferred by law upon the mayors of cities, he shall possess all the jurisdiction and exercise all the powers and authority of a justice of the peace in actions for the violation of ordinances, laws, resolutions, rules and regulations of the common council and board of health of the city of Syracuse.

Ibid.

Ibid.

Ibid.

§ 34. He shall have power summarily to hear, try and determine any complaint against any officer of the city for misconduct, or any neglect of duty, and upon conviction inflict a fine thereupon, not exceeding twenty-five dollars, and issue his warrant for collection thereof.

§ 35. It shall be his duty to communicate to the common council at the first meeting after his election, and oftener if he deem it expedient, a general statement of the affairs of the city in relation to its finances, government and improvement, with such recommendations as he may deem proper; to take care that the laws of the state and the ordinances and regulations of the common council and board of health are faithfully executed; to exercise a constant supervision and control over the conduct of all subordinate officers, and on being satisfied that any such officer has been guilty of official misconduct or neglect of duty, to suspend such officer until the next meeting of the council, and to perform any and all of the duties imposed upon him by this act, or by resolution, ordinance, regulation or by-laws of the council. It shall be his duty generally to maintain the peace, good order and prosperity of the city.

§ 36. He shall have power to call out and command the police and Ibid. firemen, whenever in his discretion he shall deem it necessary, and such command shall be in all respects obeyed.

§ 37. He shall have power and may appoint such number of special policemen as he may deem necessary or expedient, and such special policemen shall have authority to make arrests for drunkenness or disorderly conduct or other offenses against peace and good order, but such special policemen shall not be entitled to compensation by the city of Syracuse for their services. Said special policemen shall be under the control of the police officers and police commissioners of the city. § 38. He shall have power at all times to examine the books, vouchers and papers of any officer or employe of said city, and to summon and examine under oath any person connected therewith.

§ 39. City clerk.-The city clerk shall be appointed by the common City council, and the term of office shall be three years.

clerk, powers

ties of.

§ 40. He shall in addition to the duties in this act required of him and duhave charge of the corporate seal, books, papers, documents and official minutes of the city, except as herein otherwise provided. He shall countersign all licenses granted by the mayor, and keep a record of the proceedings of the common council, and cause to be made copies of assessment-rolls, and perform such other duties as are required by this act or that may be required by the mayor or common council.

§ 41. He shall at the first meeting of the council in April of each year render a full and detailed statement of the amount of the funded debt, the amount falling due in installments during the year, the amount of interest due and to become due in said year, the amount, if any, of the floating debt of the city, the resources of the city other than from taxes, and the sums due and to became due on all contracts entered into by the city.

§ 42. He shall also at the first meeting of the common council in Ibid. each month render a statement of all sums expended during the current year for any and all purposes to the date of such statement, which shall be published monthly with the official proceedings.

§ 43. He shall draw all warrants on the city treasurer for the payment of moneys legally ordered by the council and approved by the mayor. Such warrants shall be signed by the clerk and countersigned by the mayor, and in such form as may be prescribed by the council. He shall provide a book in which shall be registered every warrant countersigned by the mayor.

§ 44. It shall be his duty to advertise for and receive proposals for all work to be done, or materials or supplies to be furnished the city by contract, and report the same to the common council.

§ 45. He shall also be, ex-officio, clerk of the board of city auditors and of the board of health of said city, and perform such duties incident thereto as may be required by said boards.

veyor,

ties of.

§ 46. City surveyor and engineer.-The mayor shall appoint the city City sursurveyor and engineer, and the term of office shall be one year. He powers shall keep his office in the city hall, and shall attend there personally and dueach day at certain hours, of which public notice shall be given. He shall keep there a book of records, in which he shall enter the survey and map of every street, park, cemetery, avenue or lane, and the grade thereof, and the sidewalks, sewers and inlets which are or may be established by the common council. Such book shall be properly indexed by him and transmitted with all other matters pertaining to his office to his successor.

Superintendent

and city

property, powers and duties of.

§ 47. He shall personally superintend the opening, paving, repaving, grading, macadamizing and establishing the grade of all streets, avenues, side and crosswalks, gutters, sewers, inlets and the measurement of all work done on the same, or other public places in the city. He shall devote his time and services exclusively to the business of the city, or for its benefit. All fees charged or compensation received by him for services rendered for individuals during his term of office shall be paid by him to the city treasurer.

§ 48. Superintendent of streets and city property.-The mayor shall of streets appoint the superintendent of streets and city property, and the term of office shall be one year. He shall, under the mayor and common council, superintend all repairs and improvements upon, and the cleaning of streets, avenues and public places of the city; the building and repairing of sewers, crosswalks, gutters and bridges; the digging of reservoirs, wells and cisterns; the laying of gas and water pipes and the setting of hydrants in the streets, except as otherwise provided.

Police justice.

Vacan

cies in of. fice of.

Jurisdiction of.

Salary.

Justices of the peace.

Jurisdiction of.

§ 49. He shall perform such other duties as may from time to time be required by the common council, but shall have no power to contract any debt or liability on the part of the city except by resolution of the common council authorizing him to do so.

§ 50. Police justice.-The term of office of the police justice shall commence on the first day of January next after his election and continue four years, the election of police justice to be at the next charter election preceding the expiration of the term of office of the incumbent.

§ 51. Vacancies in said office may be filled by the common council on the nomination of the mayor, and the term of office of the person appointed to fill such vacancy shall expire on the last day of December next after the first charter election succeeding such vacancy.

§ 52. The police justice of said city is hereby empowered to hold courts of special sessions for the trial of all offenses triable in a court of special sessions, and shall have the powers and jurisdiction conferred upon courts of special sessions by title six, chapter one, section fiftysix of the Code of Criminal Procedure.

§ 53. He shall also have power to try the following offenses committed within his jurisdiction, namely: all cases of malicious mischief or injury; all offenses against public decency; selling unwholesome provisions; breaches of the peace; cruelty to animals; disobeying the commands of police officers to render assistance in criminal cases; all violations of the laws and ordinances of the city of Syracuse, and the board of health thereof, and all offenses of the grade of misdemeanor under the laws of the state of New York.

§ 54. The salary of the police justice shall be twenty-two hundred dollars per annum, to be paid by the city treasurer upon the warrant of the board of city auditors.

§ 55. Justices of the peace.-The several justices of the peace of the city of Syracuse, now holding office, shall remain in office until the expiration of the terms for which they were respectively elected. The terms of office of justices of the peace shall commence on the first day of January next after their election, and shall continue for four years, except that in case of vacancy the common council shall appoint until the next charter election, and the person then elected shall hold office for the balance of the unexpired term.

§ 56. They shall possess the powers and perform the duties of justices of the peace of towns, but they shall have no jurisdiction in criminal cases, except bastardy proceedings. In the absence of the police justice any justice of the peace of said city may perform his duties,

upon the request and designation of the police justice or of the mayor. The justice of the peace resident in and for the first ward may, nevertheless, receive compensation for criminal cases arising or occurring within the limits of that ward and for none other.

§ 57. Clerk of police justice.-The police justice of said city shall Clerk to police appoint a clerk, who shall receive a salary of seventy-five dollars a Justice, month to be paid in the same manner as the salary of the police jus- salary of. tice, and hold his office for the term of one year, beginning on the first day of January.

§ 58. Before entering upon his duties he shall execute and file with Bond. the city clerk a bond with one or more sureties, in the penal sum of one thousand dollars, to be approved by the mayor of said city, and conditioned for the faithful discharge of the duties of his office.

§ 59. He shall keep a faithful record of the proceedings of the police Duties of. court and the business pertaining to the office of police justice, which record shall always be open to public inspection, and shall properly file and keep all bonds, papers and documents pertaining to said office.

§ 60. He shall also receive all costs, fines, penalties, and dues of every description; and he shall pay over to the city treasurer, from day to day, to the credit of the county fund, all moneys received by him and take his receipt therefor. It shall be his duty to present all records kept by him and all accounts of moneys received by him, and of any other matters pertaining to his office, to the board of city auditors at such times as they may require or prescribe.

§ 61. City attorney.-The mayor shall appoint the city attorney, City attor and the term of office shall be two years. It shall be his duty to pros- of, etc. ney, duty ecute and defend all civil actions and proceedings by and against said city and every department thereof; and to perform such other professional services relating to the affairs of said city as the mayor shall direct. He shall receive a salary to be fixed annually by the common council, and shall also be entitled to retain the costs in suits in which the city shall prevail and which shall be collected from the adverse party. No action shall be commenced by the city attorney unless directed by the mayor.

sioners of

of, etc.

§ 62. Commissioners of deeds.-The common council shall have Commispower to appoint one hundred commissioners of deeds for said city, to deeds, hold their offices for two years, on the expiration of the terms of office number of the present incumbents. Such commissioners of deeds, the justices of the peace, the mayor, aldermen, police justice, city treasurer and the clerk of said city, shall have the same power as justices of the peace in the towns and counties of this state, to administer oaths, take proofs or acknowledgments of deeds, mortgages, bonds and other papers, and to take affidavits.

or poor and as

§ 63. Overseer of the poor and assistant overseer.-The overseer of Overseer the poor of said city shall hold office for one year, and shall and possess exercise all the powers and authority of overseers of the poor in the 'sistant. several towns of Onondaga county, and shall be subject to the same duties, obligations and liabilities.

§ 64. The assistant overseer shall be appointed by the city auditors, and his term of office shall be one year. He shall perform such duties incident to the office as the overseer shall direct.

§ 65. The salaries of the overseer of the poor and the assistant over- Salaries. seer shall be fixed annually by the board of city auditors, and paid upon their warrant by the city treasurer.

adminis

§ 66. The overseer of the poor and the assistant overseer shall each Power to have power to administer oaths and take affidavits in all matters per- ter oaths.