and places for holding a special election, and appoint the inspectors. cers to be 21 $ 22. All officers appointed or elected to any office, under What offor by virtue of this act, shall be appointed or elected annually, elected annu except justices of the peace; but all officers appointed by the ally. common council, except to fill a vacancy in an elective office, shall continue in office until their successors are appointed, and take the constitutional oath of office. The term of office of all elective officers under this act, except justices of the, peace, shall expire on the first Monday after the first Tuesday in March in each year. Justices of the peace shall enter on the duties of their office on the first day of January next after their election, and shall hold their offices for four years thereafter, except when elected to fill a vacancy. They shall be divided into classes, and may be removed from their offices in the same manner as justices of the peace in towns. $23. The justices of the peace heretofore elected at any-Justices of charter election in the village of Utica, shall be justices of the the peace. peace for the city of Utica, until the expiration of the term of office for which they were respectively elected. justices, clerk, &c. $24. The justices of the peace, clerk, supervisor, collectors, Powers of assessors, constables, overseers of the poor, pound masters and fence viewers, elected or appointed under or by virtue of this act, shall, except as otherwise directed and provided in this act, have the same powers and privileges, and perform the same duties and be subject to the same liabilities respectively, as like officers in the several towns of this state; but the police constables appointed by the common council in pursuance of this act, shall not have power to serve any civil process out of the limits of said city, except in cases of persons fleeing from said city, and to commit on execution where the defendant shall have been arrested within said city. council. S25. The mayor and aldermen of said city shall constitute Common the common council of said city. The common council shall meet at such places and times as they shall by resolution direct, or as the mayor, or in his absence, any two of the aldermen, shall appoint. The mayor, when present, shall preside at all the meetings of the common council. In his absence, any one of the aldermen may be appointed to preside. S 26. The common council shall meet annually on the second Tuesday of March in each year, and by ballot appoint a mayor, clerk, treasurer, attorney for the city, street commissioner, two police constables, clerk of the market, one or more collectors and overseers of the poor, one or more pound masters, and fence viewers, porters, carriers, cartmen, packers, beadles, bellmen, sextons, common criers, scavengers, measurers, surveyors, weighers, sealers of weights and measures, and gaugers. "If for any cause the officers above named are Mayor, &c. pointed. hobeap to Mayor to act as a justice in not appointed on said second Tuesday of March, the common council may adjourn from day to day until such appointments are made; and no alderman shall be appointed to the office of mayor. $27. The mayor, in virtue of his office, shall possess the criminal ca same powers and authority as are by law vested in any justice of the peace in the towns of this state, in criminal cases. ses. Penalty for neglect or re fusal to ac cept office. Certain off cers to take oath. Others to give bond. $ 28. If any inhabitants of said city, elected to any office in pursuance to this act, shall refuse or neglect to accept such office, and take and subscribe the oath of office prescribed in the sixth article of the constitution, for five days after personal notice in writing from the clerk of his election or appointment, he shall forfeit the sum of twenty-five dollars. $29. Every person chosen or appointed to any executive, judicial or administrative office under this act, shall, before he enters on the duties of his office, take and subscribe before some justice of the peace or commissioner of deeds, the oath of office prescribed in the sixth article of the constitution of this state, and file the same, duly certified by the officer before whom it was taken, with the clerk of the city; except that justices of the peace elected under this act, shall take and subscribe such oath before the clerk of Oneida county, and file the same in his office. $ 30. The treasurer, street commissioner, and collector or collectors of said city, shall severally, before they enter on the duties of their respective offices, execute a bond to the city of Utica in such sum and with such sureties as the common council shall approve, conditioned that they shall faithfully execute the duties of their respective offices, and account for and pay over all moneys received by them respectively; which bonds, with the approval of the common council thereon certified by the clerk, shall be filed with the clerk of the city. Constables to $31. Every person elected or appointed to the office of give sureties. constable in said city, shall, before he enters on the duties of his office, with two or more sureties to be approved by the common council, execute in the presence of the clerk of the city, an instrument in writing, by which such constable and sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay, on account of any execution which shall be delivered to him for collection. The clerk of the city shall certify the approval of the common council on such instrument, and file the same; and a copy of such instrument, certified by the clerk under the corporate seal, shall be presumptive evidence in all courts of the execution thereof by such constable and his sureties. actions on any such instrument, shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been elected or appointed, and may be brought in the name of the person or persons entitled to the money to be collected by virtue of such instrument. $32. The treasurer shall receive all moneys belonging to Treasurer's the city, and keep an accurate account of all receipts and ex-duty. penditures, in such manner as the common council shall direct. All moneys shall be drawn from the treasurer, in pursuance of an order of the common council, by warrants signed by the clerk and countersigned by the mayor. Such warrants shall specify for what purpose the amount specified therein is to be paid; and the clerk shall keep an accurate account of all orders drawn on the treasury, in a book to be provided for that purpose. The treasurer shall exhibit to the common council, at least fifteen days before the annual election in each year, a full account of all receipts and expenditures, after the date of his last annual report, and also of the state of the treasury; which account shall be filed in the office of the clerk. expenditures. $ 33. It shall be the duty of the common council, at least Statement of ten days before the annual election held under this act, in each pres year, to cause to be published in two or more of the public newspapers in said city, a full and correct statement in detail of the receipts and expenditures by the said common council, for the contingent expenses of said city, from the date of the last annual report published in pursuance of this section, to the date of their said report; and also a distinct statement of the whole amount of money assessed, received and expended, for making and repairing roads, highways and bridges in said city, for the same period; and also a distinct statement of the moneys received and expended for the support of common schools during the same period, together with such other information in their power to furnish, as may be necessary to a full understanding of the financial concerns of said city. corporate $34. The clerk shall keep the corporate seal, and all the Clerk to keep papers belonging to said city, and make a record of the proce ceedings of the common council, whose meetings it shall be his duty to attend; and copies of all papers duly filed in his office, and transcripts from the records of the proceedings of the common council, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced. missioner. $35. It shall be the duty of the street commissioner to su- Street comperintend the making of all public improvements ordered by! the common council, and to make contracts for the work and materials which may be necessary for the same; to keep accurate accounts of all moneys expended by him in the performance of any work, together with the cause of such expenditure, and to render such account to the common council; but no contract or agreement made by such commissioner shall be . Mayor's sa lary. Officers to deliver pro Buccessors. binding on the corporation, until the same is ratified by the common council; but when so ratified, it shall be of the same effect as if executed under the corporate seal, and signed by the mayor and clerk. $36. The common council may grant and allow to the mayor of said city for the time being, in lieu of all fees and perquisites, (except such fees and perquisites as he may be entitled to as a justice of the peace,) an annual salary not exceeding two hundred and fifty dollars, payable out of the treasury. The treasurer, clerk, strect commissioner, police constables, and collector or collectors, shall also be paid out of the treasury such compensation for their services as the common council may deem reasonable. $37. If any person having been an officer in said city, perty to their shall not, within ten days after notification and request, deliver to his successor in office, all the property and effects of every description in his possession, belonging to the said city, or appertaining to the office he held, he shall forfeit and pay for the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to deliver. Commion council to meetings. $ 38. The common council shall hold stated meetings, and hold stated the mayor or any two aldermen, may call special meetings, by notice to each of the members of said council, served personally, or left at his usual place of abode. Petitions and remonstrances may be presented to the common council. The common council shall have the. management and control of the finances, and of all the property, real and personal, belonging to the corporation, and shall have power within said city, to make, establish, publish, alter, modify, amend, and repeal ordinances, rules, regulations and by-laws, for the following purposes: Police regu lations. 1. To prevent vice and immorality; to preserve peace and good order. 2. To prevent forestalling and regrating, and to prevent and restrain every kind of fraudulent device and practice. 3. To regulate auction sales, and to restrain and prohibit hawking and peddling in the streets. 4. To restrain and suppress disorderly and gaming houses, billiard tables, and all instruments and devices used for gaming. 5. To restrain or regulate all exhibitions of any natural or artificial curiosities, caravans of animals, theatrical or other shows or exhibitions or performances for money. 6. To direct the keeping and returning bills of mortality, and to impose penalties on physicians, sextons and others, for any default therein. 7. To regulate the keeping and conveying of gunpowder and other combustible and dangerous materials, and the use of candles and lights in barns and stables. 8. To regulate the guaging of casks of spirituous liquors. 9. To regulate the place and manner of selling and weighing of hay, and of selling and measuring of wood, lime and coal, and to appoint suitable persons to superintend and conduct the same. 10. To regulate and prevent the running at large of dogs owned by persons residing in said city, and to impose a tax upon the owners or possessors of such dogs. 11. To appoint an examiner of weights and measures. 12. To appoint watchmen, and to prescribe their powers and duties. 13. To prevent immoderate riding or driving in the streets. 14. To abate and remove nuisances. 15. To restrain the running at large of cattle, horses, sheep, and swine; and to cause such as are found running at large, to be impounded. 16. To restrain all mendicants, vagrants, street beggars, or persons soliciting alms or charity. 17. To light the streets of said city. 18. To establish, make, and regulate public pumps and wells, and to prevent the unnecessary waste of water. 19. To establish and regulate public pounds. 20. To survey the boundaries of said city. 21. To prevent any riot or noise, disturbance, or disorderly assemblages. 22. To regulate and restrain runners for boats and stages, and the ringing of bells. cers. $39. The common council shall have power, from time to Duties of offi time, to prescribe the duties of all officers and persons appointed by them to any office or place whatever, subject to the provisions of this act; and may remove all such officers and persons, for incapacity, neglect of duty, or official misconduct. $40. The common council may make, publish, ordain, By-laws. amend, and repeal all such ordinances, by-laws and police regulations, not contrary to the laws of this state, as may be necessary to carry into effect the powers given to said council by this act; and enforce observance to all rules, ordinances, bylaws and police regulations, made in pursuance of this act, by imposing penalties on any person violating the same, not exceeding twenty-five dollars for any one offence, to be recovered with costs, in an action of debt, in any court having cognizance thereof. Every such ordinance or by-law, imposing any penalty or forfeiture for a violation of its provisions, shall, after the passage thereof, be published for three weeks successively in two public newspapers printed and published in said city; and proof of such publication, by the affidavit of the |