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ARTICLE III.

OF THE BUREAU IN THE LAW DEPARTMENT.

CHAPTER I.THE BUREAU OF THE CORPORATION

ATTORNEY.

II. THE BUREAU OF THE PUBLIC ADMIN

ISTRATOR.

CHAPTER I.

THE BUREAU OF THE CORPORATION ATTORNEY.

$429. This bureau, the chief officer of which shall be called the Corporation Attorney, is charged with the prosecution of all actions for violations of the ordinances of the Common Council, or arising under the charter of the city, or under the laws of this state, where a penalty is given to the Corporation, or to the overseers of the poor, or to the Alms House department, and with the conducting of all proceedings before justices, or upon appeal, in relation to bastardy cases, and the prosecution of bastardy and abandonment bonds.

§ 430. The Corporation Attorney shall, before entering upon the duties of his office, execute a bond to the Corporation, with one or more sureties, to be approved by the Comptroller, in the penal sum of two thousand dollars, conditioned for the faithful performance of the duties of his office.

§ 431. He shall institute an action in any of the cases mentioned in section 429, when instructed to do so by the Common Council, or the chief officer of any department or bureau, or upon the complaint of any other person, when in his judgment the public interest requires that the same should be prosecuted.

§ 432. He may compromise with the party complained of, either before or after an action shall have been brought, any violation of an ordinance of the Common Council, where the penalty does not exceed twenty-five dollars, and where in his judgment the public interest does not require that an action should be prosecuted therefor.

§ 433. In all actions which he is required by section 429 to prosecute, he shall appear as the Attorney and Counsel of the Corporation.

§ 434. He shall not bring an appeal in any action in which judgment shall have been given against the Corporation, except with the consent of the Counsel to the Corporation, or by direction of the Common Council.

§ 435. He shall, on the first Thursday in each month, report to the Comptroller a statement, under oath, of the actions instituted by him and settled before judgment; of the complaints compromised by him in which no action shall have been commenced, and of all actions prosecuted to judgment, with the result thereof, whether for or against the Corporation, and whether an execution has been issued thereon, and if so, whether it has been collected; and shall include therein a particular account, item by item, of all penalties or other moneys which he may have received for the Corporation, and from whom they were received, respectively, and on what account and when paid. He shall also state therein, item by item, an account of officers or court fees paid by him, and on what account and when they were respectively paid, and shall exhibit at the foot of the account

the balance thereof, whether for or against the Corporation.

436. If the account shall exhibit a balance in his hands in favor of the Corporation, he shall forthwith pay over such balance to the Chamberlain, and shall thereupon receive from the Chamberlain a voucher for the payment thereof, which he shall forthwith, on the same day, exhibit to the Comptroller, and shall, at the same time, leave with him a copy thereof.

§ 437. If the account exhibit a balance against the Corporation, the Comptroller, upon being satis'fied of the correctness thereof, shall draw a warrant in favor of the Corporation Atttorney for the amount of such balance; but in every such case he shall report the fact, with the account so rendered, to the Common Council.

§ 438. Every officer employed by the Corporation Attorney to serve process in an action brought by him, in the name of the Corporation, shall pay to the Corporation Attorney, all moneys which he may receive, both for penalty and costs, upon a

judgment, and the Corporation Attorney shall, at least once in each month, pay every officer so employed by him his legal costs and fees.

439. He shall, on the twentieth day of December in each year, report to the Common Council, the titles of all the actions in his hands which he is authorized by section 429 to prosecute on behalf of the Corporation, then pending and undetermined, with the state thereof, and with such other information in respect thereto as he may deem necessary or proper.

§ 440. He shall keep in proper books, to be provided for that purpose, a register of all actions. prosecuted by him, pursuant to section 429, and of all proceedings had therein.

§ 441. The salary to be paid to the Corporation Attorney, shall be a full compensation as between him and the Corporation for all the services he may be required to render by this chapter; but he shall nevertheless be entitled to receive from adverse parties, the taxable costs in all actions in which he may recover judgment against them.

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