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made, and an agreement shall have been signed, as is provided in the preceding section, nor shall he in any case be allowed more for such alteration than the price fixed by such agreement. SEC. 20. The Board shall publish all resolutions declaring the necessity of improvements and expenditures over five hundred dollars and an ordinance authorizing such improvements and expenditures over five hundred dollars must be passed by the Mayor and City Council, on the recommendation of the Board of Public [Works,] before the expenditure can be authorized or the work be done.

1887

Resolution and ordinances aupenditures to

thorizing ex

be published.

from office.

SEC. 21. Any member of the Board may be removed from office for incompetency, inefficiency, neglect of duty or miscon- How removed duct in office by a vote of three-fourths of all the members elected to the City Council. For the unexpired term such vacancy shall be filled by election under the same rules as govern other elections of members of the Board.

Upon specific charges, in writing and sworn to, being preferred against a member of the Board of Public Works, the City How suspended Council by a majority vote of the Board may suspend such member for ten days, and within ten days after the order of sus

pension.

pension the charges shall be tried by the City Council, unless Trial.
the accused asks for further time. During the continuance at
the request of the accused, his pay shall be stopped and de- Pay during sus-
ducted, but if the trial is delayed by the City Council, and not
by the accused, then the suspension shall not last longer than
ten days. If a member of the Board of Public Works shall be
adjudged on such trial or inquiry to have been guilty of the
charge against him, the City Council shall have the power to How member-
punish, by a three-fourths vote of the whole Board, by dismis- dismissed.
sal from office, or by a majority vote on the call of the roll, by
further suspension as, in their opinion, the grade of offence may
deserve. The decision of the City Council as to suspension or
dismissal shall be transmitted to the Board of Public Works to
be entered on its record. Vacancies, whether by removal or Vacancies in
Board, how
suspension, occurring after trial of charges as herein provided, ed.
shall be filed as in other cases, and the City Council shall have
power to make temporary appointments, to fill vacancies in the
Board of Public Works, if a trial as herein provided should be
delayed at the instance of the accused.

Beard.

SEC. 22. At the first meeting after their election the Board of Public Works shall elect one of their number chairman, who Chairman of shall serve as such for two years. It they fail to do so the Mayor shall appoint one of their number who shall be chairman for two years. The chairman shall cast his vote on all ques

tions voted upon.

SEC. 23. The Recorder of the city shall be also the Clerk of the Board of Public Works. His duties as such clerk shall be

Recorder.

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1887

sioners.

to keep the minutes of all official acts of the Board and to do all other service usually pertaining to such office.

ARTICLE VI-THE POLICE.

SECTION 1. There shall be a Board of Police Commissioners Police Commis- composed of three members, who shall be elected by the City Council to serve for a term of three years, and until their succes Terms of office. sors shall be elected and qualified. They shall receive no compensation. They shall have exclusive power to appoint, organ. ize and remove the members of the police force. The number and compensation of the police force shall be fixed by the City Council by ordinance. No member of the police shall be removed except for cause.

Powers.

Police removed
for cause.

SEC. 2. The police shall possess all the common law and statuPowers of po tory powers of constables, except for the service of civil proAll warrants issued from the City Court may be executed by any member of the police.

lice.

cess.

The police force at all times of the day and night shall preDuties of police. Serve the public peace, prevent crime, detect and arrest offenders, suppress riots, protect the rights of persons and property, guard the public health, preserve order at elections, see that nuisances are removed, restrain disorderly houses, assist, advise and protect strangers and travelers in public streets, or at steamboat landings, or railroad stations, enforce all laws relating to the suppression and punishment of crime and to the public health and to disorderly persons, and all ordinances and resolutions of the City Council in relation to police, health and criminal procedure.

arrests, &c.

The police force shall have power and authority to immediAuthority as to ately arrest without warrant and take into custody any person who shall commit or threaten, or attempt to commit, in the presence of a member of it, or within his view, any breach of the peace or offence directly prohibited by act of the Legisla ture, or by ordinance of the City Council. Such member of the police force shall immediately and without delay, upon such arrest, convey in person, such offender before the proper officers, that he may be dealt with according to law, and the officer making such arrest shall at once, without delay, report the arrest and the alleged cause to his superior officer.

Comptroller.

ARTICLE VII-THE COMPTROLLER.

SECTION 1. There shall be a Comptroller, who shall be the Council to elect guardian of the financial interest of the city. He shall be elected by the City Council at its first regular meeting in January, 1888, or as soon thereafter as practicable, for the term of two years, and until his successor shall be elected and qualified, and biennially thereafter; Provided, however, That the first election shall be held at the first regular meeting of the City

First election.

Council in January, 1888, or as soon thereafter as practicable, and the term of the Comptroller then elected shall continue only until the election and qualification of a Comptroller, to be chosen in June, 1889.

1887

troller.

The salary of the Comptroller shall be fixed by the City Council before his election, and shall not be changed during his Duties of Comp-term of office. His duties shall be to have the possession of all tax books and other evidences of indebtedness to the city, and of duplicates of all tax lists and receipts; to audit accounts against the city and of all city officers, and to perform such other duties as the Mayor and City Council shall, from

time to time, by ordinances prescribe. He shall give bond for To give bond. the faithful performance of his duties in such sum and in such manner as the Mayor and City Council shall prescribe.

ARTICLE VIII.-THE TREASURER

Treasurer.

SECTION 1. There shall be a Treasurer. He shall be elected by the City Council at its first regular meeting in June, 1889, Council to elect or as soon thereafter as practicable, for the term of two years, and until his successor shall be elected and qualified biennially thereafter; Provided, however, That the first election shall be First election. held at the first regular meeting of the City Council in June, 1888, or as soon thereafter as practicable, and the term of the Treasurer then elected shall continue only until the election and qualification of a Treasurer to be chosen in June, 1889. The salary of the Treasurer shall be fixed by the City Council before his election, and shall not be changed during his term of office. It shall be his duty to receive all money due to the city, Duties of Treasand make daily reports therof, and of disbursements, to the Comptroller, showing the items in detail, and to perform such other duties as the Mayor and City Council may, from time to time, prescribe. He shall give bond for the faithful performance To give bond. of his duties in such sum and such manner as the Mayor and City Council shall prescribe. The Treasurer shall be Collector

of Taxes.

ARTICLE IX.-THE RECORDER

urer.

Recorder.

SECTION 1. There shall be a Recorder who shall be elected by the City Council at its first regular meeting in June, 1889, Council to elect or as soon thereafter as practicable, for the term of two years and until his successor shall be elected and qualified, and biennially thereafter. He shall also be Assessor of Taxes for the city; Provided, however, That the first election shall be held at the first regular meeting of the City Council in January, 1888, or as Soon thereafter as practicable, and the term of the Recorder then elected shall continue only until the election and qualification of a Recorder to be chosen in June, 1889. The salary of the Recorder shall be fixed by the City Council before his elec

First election.

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tion, and shall not be changed during his term of office. He
shall give bond for the faithful performance of his duties in
such sum, and in such manner as the Mayor and City Council
may prescribe. It shall be the duty of the Recorder to act as
Secretary of the City Council and of the Board of Public Works,
and to act as Clerk of the City Court. He shall perform these
duties and such others as the City Council may require accord-
ing to regulations to be prescribed by the City Council.

1889.

ARTICLE X.-THE MUNICIPAL COURT

SECTION 1. In said city there shall be a Municipal Court for
Council to elect the trial of all offenses against the municipal ordinances. The
Judge of Muni-
Judge of said Court shall be elected by the City Council at its
cipal Court.
first regular meeting in June, 1889, or as soon thereafter as practi-
cable, for the term of two years, and biennially thereafter; Pro-
First election. vided, however, That the first election shall be held at the first
regular meeting of the City Council in January, 1888, or as soon
thereafter as practicable, and the term of the Judge of said
Court then elected shall continue only until the election and
qualification of a Judge of said Court to be chosen in June,
He shall receive a salary from the city to be fixed by
the City Council before his election, which salary shall not be
changed during his term. He shall have exclusive power to
pardon and release persons convicted by him under city ordi-
In case of his absence or inability any Justice of the
Peace, to be designated by the Mayor, or Acting Mayor of the
city, may hold said Court. Said Court shall be opened at 9
o'clock A. M. of each day, except Sunday, and shall continue
in session until the cases before it shall be disposed of, but the
Judge of said Court may at his discretion continue to any sub-
sequent day or days the hearing of any case pending in his
Court.

Salary.

Pardons.

When Justice
to act.

Sessions.

Persons ac-
quitted to be
discharged.

Persons con

victed to pay
fine or stand
committed.

Upon appealing
to give bond.

Docket to be
kept.

nances.

SEC. 2. All persous tried in said court who shall be acquitted of the offences charged against them shall be at once discharged.

All persons convicted by said court shall forthwith pay all fines and costs assessed against them, in default whereof they may be committed; Provided, That if such persons shall appeal within three days from the judgment of the court they shall be released upon entering into bond, with good and sufficient security, in double the amount of the fine and costs assessed against them, conditioned to appear before the court to which the cause is appealed, and to abide by and perform the judg ment thereof.

SEC. 3. The Recorder shall keep a docket upon which shall be entered all causes tried in said court; said docket shall show by appropriate entries thereon the style of the cause, the

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1887

nature of the offense, the judgment of the court, the amount of fines and costs, the satisfaction of the judgment, whether by payment of the fines and costs or by committal or by pardon what to conor remission of the City Judge. The docket shall also show the [names] of the witnesses examined in each case, and the date of the appeal, if granted.

tain.

Fines and costs

part of City

SEC. 4. All fines and costs shall be a part of the revenue of the city, and shall be paid to the city in such manner as may be provided by this act or by ordinances consistent herewith. Revenue. SEC. 5. The Recorder shall return and file with the Clerk of the Appellate Court, within three days, the papers in all cases Duty of Recorappealed, and he shall endorse on the warrant in each case the appealed. names of the witnesses on behalf of the city.

der in cases

Persons arrestfined or de tained until discharged by court.

ed to be con

SEC. 6. All persons arrested for the violation of any ordinance, or for any municipal misdemeanor committed within the city limits, or in the property of the city outside of its limits, shall be immediately confined in the jail or house of detention, and remain therein until discharged or tried by the City Court, unless such persons shall give proper security for their appearance before said court, in which event they may be released. The Chief of Police and the officers in charge of the jail or Police officers house of detention shall have authority to take from persons for appearance. arrested bonds or other security for their appearance before the City Court, but no such bond or security shall be for less amount than five dollars, nor more than two hundred and fifty dollars.

may take bonds

to make reports

SEC. 7. It shall be the duty of the Chief of Police to report to the City Court every day at 9 o'clock A. M. all arrests and Chief of Police committals that may have been made during the preceding day and night, the names of the accused, the offences with which they are charged, the names of the witnesses in the respective cases, and the bonds or other security of those who have been released, if any there be.

he had on de

SEC. 8. In all cases where the parties accused have been released upon bonds or other security, if they fail to appear Proceedings to the City Court shall proceed to enter up judgment upon said faulted bonds. bonds or other security for the full amount of the penalty, and the Recorder shall, at the expiration of one day from the rendition of such judgment, issue a fieri facias to the Marshal, who shall execute the same.

Power of City

SEC. 9. The City Court shall have the authority to preserve order and decorum, and shall be invested with the same powers Courts as to to that end, by fine and imprisonment, as are incident to Courts contempts, &c. of Record in this State.

SEC. 10. Every person committed, after conviction, to the jail or house of correction, shall be required to work for the city,

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