SEC. 4. Every ordinance providing for any specific improvement, the creation of any office, or the granting of any privilege, or involving the sale, lease, or other appropriation of public property, or the expenditure of public moneys (except for sums less than five hundred dollars), or laying any tax or assessment, and every ordinance imposing a new duty or penalty, shall, after its passage by either board, and before being sent to the other, be published with the ayes and nays in some city newspaper, and no ordinance or resolution which shall have passed one board shall be acted upon by the other on the same day, unless by unanimous consent.

of common

SEC. 5. The common council shall not create, nor permit to accrue, Limiting power any debts or liabilities which, in the aggregate with all former debts council. or liabilities, shall exceed the sum of fifty thousand dollars over and above the annual revenue of the city, unless the same shall be authorized by ordinance for some specific object, which ordinance shall provide ways and means, exclusive of loans, for the payment of the interest thereon as it falls due, and also to pay and discharge the principal within twelve years; but no such ordinance shall take effect until it shall have been submitted to the people and receive a majority of all the votes cast at such election; and all money raised by authority of such ordinance shall be applied only to the object therein mentioned, or to the payment of the debt thereby created: Provided, that the present debt of the city, with the interest accruing thereon, shall make no part of the fifty thousand dollars aforesaid.

SEC. 6. The common council shall have no power to borrow money on the credit of the city, unless they shall by ordinance direct the same in anticipation of the revenue for the current year, and shall provide in said ordinance for repaying the same out of such revenue, nor in such case shall they borrow a sum to exceed fifty thousand dollars; but a larger sum may be raised by loan for the purpose of extinguishing the present liabilities of the city, whenever the ordinance providing for the same shall first be approved by the electors of the city at any general election: Provided, that said loan shall bear a yearly rate of interest not to exceed ten per cent. and shall be payable within twenty years.

The like.

SEC. 7. The common council shall have no power to emit bills of The like. credit or to issue or put in circulation any paper or device as a representative of value or evidence of indebtedness, to award damages for the non-performance or failure on their part of any contract, to loan the credit of the city, to subscribe to the stock of any association or corporation, or to increase the funded debt of the city unless the ordinance for that purpose be first approved by the people at a general

Annual appropriations.

Joint committee

of accounts.

Members of council not to be elected to charter offices.

Or vote, in certain cases.

Taxes.

Laws for government of city.

election; but this section shall not be construed to prohibit the auditing and certifying of accounts by the proper officers to the creditors of the city, but no such audited or certified accounts shall draw interest.

SEC. 8. Annuel and occasional appropriations shall be made by ordinance for every branch and object of city expenditure, and no money shall be drawn from the treasury unless the same shall have been previously appropriated to the purpose for which it is drawn. Every warrant upon the treasury shall be signed by the comptroller and countersigned by the mayor, and shall specify the appropriation under which it is issued, and the date of the ordinance making the same. It shall also state from what fund and for what purpose the amount specified is to be paid.

SEC. 9. There shall be elected annually by ballot a joint committee of accounts to consist of three members from each board, who shall meet at least once a month and examine all accounts of the finance department, and report thereon in writing to both boards of the common council.

SEC. 10. No member of the common council shall, during the period for which he was elected, be appointed to any office under this charter, nor be interested in any contract or business, or the sale of any article, the expense of which is borne by the city; nor shall any member be interested in the purchase of any property belonging to the city, or which may be sold for city taxes; nor shall any member sell or offer for sale to the city any property in which he may be interested.

SEC. 11. No member of the common council shall vote on any question in which he may be interested, either personally or as agent for another.

SEC. 12. The common council shall have power, and it shall be their duty, annually to raise by tax on the real and personal property in the city, whatever amount of money may be requisite for the support of free common schools, and to provide suitable buildings there

for.

SEC. 13. They shall also have power within the city to pass all proper and necessary laws for the regulation, improvement, and sale of city property; for the levy and collection of city taxes on all taxable property, not to exceed one per cent. a year upon its assessed value; for the laying out, making, opening, widening, regulating, and keeping in repair, all streets, roads, bridges, fences, public places and grounds, wharves, docks, piers, slips, sewers, wells, and alleys, and for making the assessments therefor; for regulating and collecting wharf

age, dockage, and cranage upon all water-craft and all goods landed; for securing the protection, health, cleanliness, ornament, peace, and good order of the city; for the prevention and extinguishment of fires; for regulating firemen, watchmen, policemen, and such other officers as it may be necessary to appoint; for the care and regulation of prisons, markets, houses of correction and industry, almshouses and asylums; for the support, regulation, and employment of all vagrants and paupers; for licensing, taxing, and regulating all such vehicles, business, and employments as the public good may require, and as may not be prohibited by law, and for revoking such licenses; to prohibit and suppress dram-shops, gambling-houses, and houses of ill fame, gaming, hawking, pawnbroking, and all indecent or immoral practices, amusements, and exhibitions; to regulate the location of slaughter-houses, markets, stables, and houses for the storage of gunpowder and other combustibles; for the establishment of a chain-gang, and rules and regulations for the government of the same, and, in brief, to pass all such other laws and ordinances, for the management, good government, and general welfare of said city, as may not be inconsistent with this charter, or with the laws or constitution of this state or of the United States, and to affix penalties to the violation of any ordinance; but such penalties shall not exceed imprisonment for sixty days and a fine of five hundred dollars.

to sinking fund.

SEC. 14. All money to be received from the following sources, shall Appropriations continue to constitute a sinking fund for the payment of the existing city indebtedness with the interest accruing thereon, until the same shall be cancelled:

1st. The net proceeds of all sales of real estate belonging, or that may hereafter belong, to the city:

2d. The net proceeds of all bonds and mortgages payable to the city:

3d. For occupation of private wharves, basins, and piers: 4th. For wharfage, rents, and tolls. Said fund or any part thereof shall not be loaned to any other fund, or expended for any other purposes whatever.

debt.

SEC. 15. The common council shall at an early day take steps to Funding city fund by ordinance the existing debts of the city. The funded debt shall consist of:

1st. The liabilities for the payment of which the city revenue is already pledged.

2d. The creditors of the city may fund the debts respectively due them at the passage of this act, on such terms as the common council may prescribe, at a rate of interest not to exceed ten per cent. a

Depreciation of city funds.

Commissioners of sinking fund.

Impeachment.

year, and payable within ten years; but no bond shall issue of a less denomination than one hundred dollars.

SEC. 16. The common council shall have no power to allow extra compensation to any creditor of the city, on account of any depreci ation to which the city bonds, warrants, or other evidences of indebtedness may be liable.

SEC. 17. The commissioners of the sinking fund created by ordinance of the common council are hereby prohibited from permanently disposing of any property belonging to the city by sale, lease, or otherwise, and also required to reconvey and deliver to the city, before the tenth day of May next, all property, titles, rights, and interests belonging to the city, and which are or may be in their possession.

SEC. 18. The board of assistant aldermen shall have the sole power of impeachment, and all impeachments shall be tried by the board of aldermen. No person shall be convicted unless by the concurrence of two-thirds of all the members. Judgment, in case of conviction, shall extend no further than removal from office and disqualification from holding any office under the charter; but the party convicted may be indicted and punished according to law.

ARTICLE IV.

Executive power, in whom vested.

Mayor to report to common council.

OF EXECUTIVE OFFICERS.

SECTION 1. The executive power of the corporation shall be vested in the mayor and such other executive officers as are or may be created by law, and neither the common council nor any committee or member thereof shall perform any executive or ministerial business unless especially directed by law.

SEC. 2. It shall be the duty of the mayor,

1st. To communicate to the common council semi-annually, and oftener if he shall think proper, a general statement of the situation and condition of the city in relation to its government, finances, and improvements, with such recommendations in relation thereto as he may deem expedient.

2d. To be vigilant and active in causing the laws and ordinances of the city to be duly executed and enforced; to be the head of police; to exercise a constant supervision and control over the conduct of all subordinate officers, and to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and to certify the same to the common council; to countersign all licenses and warrants on the treasury, and generally to perform all such duties as may be prescribed for him by law or by the city ordinances.

office of mayor.

SEC. 3. Whenever there shall be a vacancy in the office of mayor, Vacancy in or the mayor shall be absent from the city, or be prevented from attending to the duties of his office, the president of the board of aldermen shall perform the duties, receive the compensation, and possess all the rights and powers of mayor during such vacancy, absence, or disability.

treasurer.

SEC. 4. It shall be the duty of the treasurer to receive and pay out Duty of all moneys belonging to the city, and to keep an account of all receipts and expenditures under such regulations as may be prescribed by ordinance. The treasurer shall make monthly to the common council a full statement of the receipts and expenditures of the preceding month, and publish the same in some city newspaper.

comptroller.

SEC. 5. It shall be the duty of the comptroller to report to the Duty of common council monthly a full and detailed statement of all the expenses and payments of the city government and the state of each appropriation made by ordinance, and he shall also, at the expiration of the fiscal year, publish a full and detailed statement of the receipts and expenditures of the city during said year, specifying the different sources of revenue and the amount received from each, the several appropriations made by the common council, the objects for which they were made, and the amount of money expended under each; the moneys borrowed on the credit of the city, the authority under which each loan was made and the terms on which it was obtained, the amount of the funded debt and of the interest accrued thereon; with a detailed statement of the sums owed and the property owned by the city.

SEC. 6. It shall be the duty of the marshal to execute all process Duty of marshal. issued by the recorder or directed to him by any legal authority; to attend upon the recorder's court; to arrest all persons guilty of a breach of the peace or violation of any ordinance, and take them before the recorder; to supervise and control the city police, to superintend the city prison, and to perform all such duties as may be prescribed by ordinance.

attorney.

SEC. 7. It shall be the duty of the city attorney to attend to all Duty of city suits, matters, and things in which the city may be legally interested, to give his advice or opinion in writing whenever required by the mayor or common council, and to perform all such other services in connection with his profession as may be required by the common council.

SEC. 8. It shall be the duty of the collector to issue all licenses Duty of collector. that may be granted by city authority, and to register the same in a

suitable book which shall at all times be open for public inspection;