no such removal shall be made without reasonable notice to the officer complained of, and an opportunity afforded him to be heard in his defense. He shall, within the city, maintain peace and good order and enforce the laws. He may appoint a clerk; and a policeman shall be detailed to attend upon him and execute his orders. He shall have the custody of the seal of the city, and shall authenticate the acts of the common council, and all instruments and papers authorized so to be authenticated. He shall possess the powers of commissioner of deeds. He shall issue all licenses authorized by the ordinances of the city, and shall receive the sums fixed therefor and pay them to the treasurer. He may, upon reasonable notice to the person complained of, hear in a summary way any complaints against any person to whom a license of any description has been given; and may issue subpoenas, and compel the attendance of witnesses, in the same manner as justices of the peace are authorized in civil cases; and may annul such license or suspend it. He shall file a copy of his determination with the city clerk. He shall perform such other executive duties as may be by ordinance devolved upon him; and he shall recommend to the common council such measures as he may think expedient.

and certain

of common

ed to mayor

objections.

25. Every ordinance and resolution of the common Ordinances council, except resolutions making or approving appoint- resolutions ment to office or place, designating the official paper, pun- council to ishing witnesses, altering comptroller's estimates under be presenttitle five, or determining the rules of its own proceedings, or for apthe qualification of its members, shall be presented to proval. the mayor before it shall be of force. If he approves it, he shall sign it; but if not, he shall return it to the city May return clerk with his objections, who shall lay the same before same with the common council at its next meeting thereafter. The common council shall enter the objections upon its journal, and proceed to reconsider it. If the ordinance or resolu- Vote requition required in the first instance a majority vote to pass the same it, and two-thirds of all the members elected to the com- over veto. mon council shall agree upon such reconsideration to pass it; or if it in the first instance required a two-thirds vote to pass it, and upon such reconsidération three-fourths of all the members elected to the common council shall Ordinances agree to pass it, it shall be of force. If any ordinance to be reor resolution is not returned by the mayor within ten days disap after its presentation to him, it shall be of force. It shall proved.

site to pass

etc., when

turned if

be sufficient to present to the mayor a transcript of all resolutions for the mere payment of money. The city clerk shall make a certificate of the time when an ordinance or resolution, which the mayor has neglected for ten days to approve or return, was presented to the mayor, which certificate shall be entered upon the journal of the council, and shall be presumptive evidence of the facts therein stated.

$26. If the mayor shall be unable to perform the duties of his office in consequence of sickness or temporary absence from the city, he may designate an alderman to act in his place; if he shall be absent from the city for more than ten days without making such designation, the common council may designate one. The alderman so designated shall perform the duties of the mayor until the mayor shall resume the duties of his office. Such alderman, while exercising the office of mayor, shall not act as a member of the common council.

§ 27. The comptroller shall superintend the fiscal concerns of the city, and manage the same pursuant to law and the ordinances of the city. He shall keep an account of all warrants drawn on the treasury, and countersigned by him, in a book to be kept for that purpose. He shall, by and with the advice and consent of the common council, appoint an auditor, who shall examine and report upon all unliquidated claims against the city, before the same shall be audited by the common council. He shall keep full and accurate books of account. He shall countersign all receipts given by the treasurer, which shall be presented to him, and charge the treasurer with the amount thereof. When money is paid to him to redeem lands sold for taxes and assessments, he shall, when the certificate of sale belongs to the city, pay the same into the treasury. He shall pay over to his successor all money in his hands which was paid to him to redeem lands sold for taxes and assessments, when the certificate of sale does not belong to the city.

$28. The attorney shall prosecute and defend all actions and proceedings brought by or against the city. When requested he shall advise the officers of the city, in respect to their powers and duties, and prepare proper drafts of contracts, bonds and obligations, which may be wanted for the use of the city. He shall, upon the receipt by him of money belonging to the city, pay it to the treasThe costs recovered by the city shall belong to the

urer.

city attorney. He shall examine, before they are confirmed, all local assessments and the preliminary proceedings, and report upon their regularity.

his duties:

29. The treasurer shall receive all money belonging Treasurer, to the city, and keep an accurate account of all receipts and and expenditures. He shall daily deposit all money liabilities. received by him in the banks designated by the common council, subject to his own check. He shall not check out any money so deposited, except to satisfy a warrant upon the treasury, or to transfer it on the direction of the common council to another deposit bank. He shall render a weekly statement in detail, under oath, to the comptroller, of the money received by him, specifying the funds on account of which, and the sources from which received.

how drawn

§ 30. Money shall only be drawn from the treasury by Money, warrants authorized by the common council, and signed from by the mayor and city clerk, and countersigned by the treasury. comptroller; specifying the purpose for which they are drawn, and the fund out of which they are payable.

tion of

§ 31. The treasurer, when he pays a warrant on the Cancella treasury, shall cancel it, and it shall not be reissued. A warrants. violation of this section shall be a misdemeanor.

to be made

§ 32. He shall, upon the presentation of a warrant on Payments the treasury to him for payment, pay it, if there be from proper sufficient funds in the treasury to the credit of the fund fund." out of which it is payable.

moneys

§ 33. Every person who pays money to the treasurer Receipts for shall take a receipt for it, which he shall immediately paid present to the comptroller to be countersigned.

treasurer.

§ 34. Such receipt shall only be evidence of the pay- To be counment when so countersigned.

tersigned.

application

of moneys,

35. The treasurer, upon conviction of having lent or Wrongful deposited in a bank not designated by the common coun- or deposit cil, or unlawfully appropriated to his own use any deemed money of the city received by him, shall be deemed embezzleguilty of embezzlement.

ment.

§ 36. No one but the treasurer shall receive any money Treasurer for the city, except fines and judgments recovered, unless to receive authorized by this act or by special resolution.

city

moneys.

. his duties.

37. The engineer shall superintend all surveys and Engineer; the construction and repairs of bridges, canals, wharves, docks, piers, basins, slips, aqueducts, tunnels, culverts, sewers, receivers, and the grading and paving of streets, alleys and sidewalks.

Supervisors and overseers of poor.

Powers and duties. Assessors.

Business quorum.

Deeds of

presented

before record.

§ 38. The supervisors and overseer of the poor shall have the same powers and duties as supervisors and overseers of the poor in the towns of the county of Erie, except as otherwise provided by this act.

$ 39. The assessors shall constitute a board of valuation and assessment; and a majority of them shall constitute a quorum.

840. They shall note upon every deed of conveyance lande, to be of lands in the city presented to them the fact of such to assessors presentation, and if the county clerk shall record any deed of conveyance of lands in the city, which shall not have been marked by the assessors, he shall forfeit to the city ten dollars. But nothing herein contained shall affect the record of an unmarked deed.

Powers and

duties of

assessors.

841. They shall have the powers and duties of assessors of towns, except as otherwise provided by this act. § 42. They shall prepare an annual assessment roll of each ward, which shall consist of two parts; the first part shall be the assessment of the taxable lands of the ward, substantially in the form in which town assessors are valuations. required to make them, except that no distinction shall

Annual ward assessment rolls, how prepared. Of real estate

estate.

to be com.

pleted.

Notice of

to be published.

be made between the lands of residents and non-residents, but those of both shall be assessed in form as resident lands. The second part shall contain the names in alphabetical of personal order of all inhabitants of the city, corporations and associations deemed taxable in the ward, upon personal estate, and opposite to such name shall be set down the amount of the personal estate assessed to them respectively. They Rolls, when shall complete said rolls on or before the first day of March in every year; and publish a notice in the official paper twice a week, for two weeks, that said rolls completion have been completed, and may be seen and examined at their office, until a certain day (not less than twenty days from the first publication of such notice) to be specified in such notice. The said rolls shall during said time be open to public inspection. On the day specified in said notice, Review and the assessors shall review, in the manner provided by law, the said assessment rolls and correct the same. They shall make two copies of all the rolls as corrected by them, and certify them. They shall, on or before the first day of April, file one copy of each of them in the comptroller's disposed of. office and shall deliver to one of the supervisors of each ward a copy of the roll of his ward, and which shall be the assessment roll of the ward for county and State purposes.

correction of rolls.

Copies of corrected

rolls, how

deemed

§ 43. Each ward shall be deemed a town for the pur- Wards to be pose of returning jurors, and the assessors alone shall towns, for select and return jurors under article second, title four, poses. chapter seven, of part third of the Revised Statutes.

jury pur

appoint

disqualifi

cation of

an assessor.

§ 44 When by reason of interest in a local assessment Mayor may there are not three assessors qualified to make the assess- person, in ment, the mayor, by and with the advice and consent of the case of common council, may appoint a sufficient number of the electors of the city, to make, with the qualified assessors, three assessors, to make the assessment. The persons so appointed shall take the oath of office, which shall be annexed to the roll, and they shall each receive five dollars a day for their services in making the assessments, which shall be added to the sum to be assessed.

Justices

$45. The justices of the peace elected by general Powers of ticket shall have and execute in the city the powers con- elected on ferred by law upon justices of the peace of towns in civil general actions and proceedings.

846. The justices of the peace of the twelfth and thirteenth wards shall have and execute in their respective wards the powers conferred by law upon the justices of the peace of towns in civil actions and proceedings.

ticket.

of justices 13th wards.

of 12th and

847. The justices of the peace of the city, and of the Justices said wards, may issue warrants in criminal cases, and in criminal the execution of the laws relating to the internal police warrants. of this State, returnable before the police justice. They How reshall not have power to take examinations in criminal cases, nor in the execution of the laws relating to the Restricinternal police of this State after arrest, nor to hold courts of special sessions.

turnable.

tions.

and his

48. The city clerk shall be the clerk of the city, of the City clerk, common council and of the board of health. He shall, duties. under the direction of the common council, make up the journal of its proceedings; and shall, unless secrecy is enjoined, publish the same in the official paper. He shall prepare and sign all warrants on the treasury, and keep an account of them in a book to be kept for that sole purpose. He shall countersign all licenses, and keep in a proper book full minutes of all such licenses, and no license shall be valid until countersigned by him. He shall keep a journal of the proceedings of the board of health.

deemed

§ 49. Whenever a ward is for any purpose to be regarded when to be as a town, the city clerk shall be deemed to be the town town clerk. clerk of such ward.