members and to punish its members for disorderly behavior, and to expel any member with the concurrence of two-thirds of all the members elected to the board of aldermen. Every member so expelled shall thereby forfeit all his rights and powers, subject, however, to judicial review on certiorari.

City clerk; appointment; term; duties; papers certified by him; how far admissible in evidence; fees for certification.

§ 28. The board of aldermen shall, whenever a vacancy occurs in the office of city clerk, appoint a clerk, who shall perform such duties as may be prescribed for him. The clerk so appointed shall also be the city clerk and the clerk of the board of aldermen, and shall hold his office for six years, and until his successor shall be appointed and has qualified, unless removed for cause. The city clerk shall have charge of all the papers and documents of the city, except such as are by law committed to the keeping of the several departments or of other officers, and except as provided in section one hundred and thirty-six of this act as amended. He shall keep the record of the proceedings of the board of aldermen. He shall also keep a separate record of all the ordinances of the board of aldermen in a book to be provided for that purpose, with proper indices, which book shall be deemed a public record of such ordinances, and each ordinance shall be attested by said clerk. Copies of all papers duly filed in his office, and transcripts thereof, and of the records of proceedings of the board of aldermen, and copies of the laws and ordinances of said city, certified by him under the corporate seal, shall be admissible in evidence in all courts and places in the same manner and for the same purposes as papers or documents similarly authenticated by the clerk of a county. Said city clerk may be removed on charges by a two-thirds vote of all the members of the board of aldermen, subject, however, to judicial review on certiorari. He shall collect the following fees: For a copy of any book, account, record. or other paper filed in his office, five cents for each folio; for a certification of any book, account, record or other paper filed in his office, twenty-five cents, and five cents in addition for each folio in excess of five; for each bond filed in his office, twelve cents: for filing all other papers, required by law to be filed in his office, six cents; for a certificate of appointment of a commissioner of deeds, twenty-five cents.

City clerk; proceedings of board of aldermen.

§ 29. Immediately after the adjournment of each meeting of the board of aldermen, it shall be the duty of the city clerk to prepare a brief extract, omitting all technical and formal details, of all resolutions and ordinances introduced or passed, and of all recommendations of committees, and of all final proceedings, as well as full copies of all messages from the mayor and all reports of departments. or officers. He shall at once transmit the same to the person appointed to supervise the publication of the City Record to be published therein.

Certain ordinances and resolutions, how passed and approved; ayes and noes published.

$30. No ordinance or resolution providing for or contemplating the alienation or disposition of any property of the city, the granting of a franchise, terminating the lease of any property or franchise belonging to the city, or the making of any specific improvement, or the appropriation or expenditure of public moneys, or authorizing the incurring of any expense, or the taxing or assessing of property in the city, shall, unless by unanimous consent, be finally passed or adopted by the board of aldermen until at least five days after such abstract of its provisions shall have been published, as provided in section twenty-nine. No such ordinance or resolution shall be approved by the mayor until three days after such abstract shall have been so published after its passage; but if an abstract of any resolution or ordinance shall have been once published after its introduction, it shall not thereafter be necessary to publish the same again, but only to refer to the date and page of the former publication in the City Record, and to state the amendments, if any, made thereto. In all cases the ayes and noes upon the final passage of such resolution or ordinance shall be taken, recorded and published.

Records open for inspection; other duties of clerk; sickness.

§ 31. It shall be the duty of the city clerk to keep open for inspection at all reasonable times, the records and minutes of the proceedings of the board of aldermen. He shall keep the seal of the city, and his signature shall be necessary to all leases by the city of its property, and to all grants and other documents, as under existing laws. In the absence of said clerk by sickness or otherwise, his first

deputy shall be vested with and possessed of all the rights and powers, and be charged with all the duties by this section or by law or ordinance imposed upon said clerk.

Id.; records and papers delivered to and kept by the city clerk; clerks in boroughs.

832. All the muniments, records, patents, deeds, minutes, writings and papers belonging to the mayor, aldermen and commonalty of the city of New York, which were in the custody of the clerk of the board of aldermen thereof on the thirty-first day of December, eighteen hundred and ninetyseven, shall be delivered to and kept by the city clerk. The city clerk shall, except as otherwise expressly provided in this act, be the custodian of all like muniments, records, patents, deeds, minutes, writings and other papers belonging to any of the municipal and public corporations by this act united and consolidated into The City of New York, and shall have power to appoint a clerk in each of the boroughs constituted by this act, who shall have charge of the same, subject to the direction and control of said city clerk or of the board of aldermen.

Id.; salary and deputies.

833. The salary of the city clerk shall be seven thousand dollars a year, and he may appoint such deputies or clerks as are necessary to the discharge of his duties.

Licenses to auctioneers.

834. The city clerk shall have authority to grant licenses to any person engaged in and carrying on the business and occupation of auctioneer, or desiring to be so engaged, on such person filing a bond, approved by him, with two good sureties in the penal sum of two thousand dollars. The president of the board of aldermen on complaint of any person having been defrauded by any auctioneer, or by the clerk, agent or assignee of such auctioneer, doing business in said city, is authorized and directed to take testimony under oath relating thereto; and if the charge shall, in his opinion, be sustained, he shall revoke the license granted to such auctioneer, and direct his bonds to be forfeited.

Board of aldermen; journal; ayes and noes.

§ 35. The board of aldermen shall keep a journal of its proceedings, and the ayes and noes of the

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members on any question shall, at the desire of any two members, be taken and entered therein. The ayes and noes shall be called and recorded on the final passage of any ordinance.

Id.; no member eligible to any city office.

§ 36. No member of the board of aldermen shall, during the term for which he is elected, be eligible or be appointed to any other office under the city, nor shall any member of said board of aldermen, while such, be a contractor with or an employee of the city or of the board of aldermen in any capacity whatever.

Id.; meetings.

837. The stated and occasional meetings of the board of aldermen and its proceedings and business shall be regulated by its own resolutions and rules, provided, however, that at least one stated meeting shall be held each month, except in its discretion in August and September. The mayor may at any time call a special meeting of the board of aldermen. He shall call such meeting when a requisition for that purpose, signed by fifteen members has been presented to him. Three days before any special meeting of the board of aldermen is held, notice of the time of the intended meeting and of the business proposed to be transacted, signed by the mayor, shall be published in the City Record, and at the same time the city clerk shall cause a copy of such notice to be left at or sent by post to the usual place of abode or of business of each member of the board of aldermen; but want of service of a notice upon any member shall not affect the validity of a meeting. No business shall be transacted at a special meeting other than that specified in the notice relating thereto.

Id.; style of ordinances.

838. The style of ordinances shall be: "Be it ordained by the board of aldermen of The City of New York, as follows:

Id.; vote required to pass ordinances and resolutions.

$39. Every legislative act of the board of aldermen shall be by ordinance or resolution. No ordinance or resolution shall be passed except by a vote of a majority of all the members of the board of aldermen. No money shall be expended for any celebration, procession, funeral ceremony, re

ception, or entertainment of any kind or on any occasion, unless by the votes of four-fifths of all the members of the board of aldermen. No additional allowance beyond the legal claim which shall exist under any contract with the corporation, or with any department or officer thereof, or for any services on its account or in its employment, shall ever be passed by the board of aldermen, except by a unanimous vote; and in all cases the provisions of any such contract shall determine the amount of any claim thereunder or in connection therewith, against the said corporation, or the value of any such services.

Mayor's veto.

40. Every ordinance or resolution shall, before it takes effect, be presented, duly certified, to the mayor for his approval. The mayor shall return such ordinance or resolution to the board of aldermen, within ten days after receiving it, or at the next meeting of the board of aldermen after the expiration of said ten days, unless such ordinance or resolution be one of those mentioned in section thirty of this act, in which case the mayor shall return said ordinance or resolution within ten days after the abstract of its provisions or a reference thereto shall have been published in the City Record as provided in said section thirty, or at the next meeting of the board of aldermen after the expiration of said ten days. If he approve it, he shall sign it. If he disapprove it, he shall specify his objection thereto in writing. If he do not return it with such disapproval within the time above specified, it shall take effect as if he had approved it. In case of disapproval, the objections of the mayor shall be entered at large on the journal of the board of aldermen and the board of aldermen shall, after ten days, and within fifteen days after such ordinance or resolution shall have been returned to it, proceed to reconsider and vote upon the same. If the same shall, on reconsideration, be again passed by the votes of at least two-thirds of all the members of the board of aldermen, it shall take effect; provided that in case the ordinance or resolution involves the expenditure of money, the creation of a debt, or the laying of an assessment, it shall require a vote of three-fourths of all the members of the board of aldermen to pass it over the mayor's veto; and if it involves the grant of a franchise, the mayor's veto shall be final. If the ordinance or resolution shall fail to receive upon the first vote upon such reconsideration such number of affirmative