General powers granted.

26. To direct the digging down, draining or filling up of lots, pieces or parcels of ground, in all cases in which by a vote of two thirds they shall decide such digging down, draining or filling up necessary for preventing any damage or injury to the streets, side walks, cross walks or to the adjoining property, or for abating a nuisance at the expense of the owners thereof: to direct the fencing in or inclosing of vacant lands in said city; but before any ordinance shall be passed for any of the purposes in this subdivision mentioned, ten days notice of the application for, or the intention to pass such ordinance shall be given to every person to be affected thereby, either personally or by publication in the corporation newspapers.

27. To prevent or regulate the erection or construction of any stoop, step, platform, bay window, cellar door, area, descent into a cellar or basement, sign, or any post or erection, or any projection from any building, or otherwise, in, over or upon any street or avenue, in or the removal of any house or other building through, said city, and to cause the same to be taken out and removed from such street or avenue, at the expense of the owner or occupant of the premises.

28. To raze or demolish any building or erection which, by reason of fire or any other cause, may become dangerous to human life or health, or tend to extend a conflagration.

29. To adopt all legal and requisite measures for levying and collecting the taxes.

30. To prevent the selling, or giving away, with intent to evade the excise laws, any strong or spirituous liquors by any store-keeper, trader or grocer, except by persons duly licensed thereto, and to prohibit the selling or giving away, of any strong or spirituous liquors to any child, apprentice, servant or minor, without the consent of his or her parent, guardian, master or masters.

31. To limit and define the duties which are by this act required to be performed by the several officers of the city, and to prescribe such other or further duties to be performed by them, or any of them, as it may deem proper.

§12. The common council shall also have power to make, establish, alter, modify, amend and repeal all such other ordinances, rules, police regulations and by-laws, not contrary to the laws of this state, or of the United States, as they may deem necessary to carry into effect the powers conferred on it by this act, or by any other law of this state; and such also as they deem necessary

and proper for the good government, order and protection of the persons and property, and for the preservation of the public health, peace and prosperity of said city and its inhabitants.

§ 13. In every by-law, ordinance, or police, or sanitary Penalties. regulation, the said common council may pass, it may impose such penalty for the violation or non-performance thereof as it may deem proper not exceeding one hundred dollars in amount; but no such by-law, ordinance, or regulation, shall extend in its operation beyond the territorial limits of this city.

§14. Suits may be prosecuted in the corporate name of Suits for the city, against any person or persons who shall violate penalties. any provision of any law, ordinance or regulation of the common council of said city, or who shall neglect or refuse to perform any act or duty hereby required of him or them; and in every such action it shall be sufficient to declare generally for the penalty sued for, stating the bylaw, ordinance or regulation, and the section thereof, upon which such action is brought, and every police justice and justice of the peace elected in said city shall have jurisdiction in all such cases, and execution may be issued thereon immediately on the rendition of judgment; and all penalties and forfeitures, when collected, shall be paid to the treasurer for the use of the city.

tion of or

§15. Every general ordinance, by-law, rule or regula- Publication which may be passed by the common council, impos- dinances. ing a penalty, shall, after passage thereof, and before the same shall take effect, be published for ten days successively in the corporation newspapers. Proof of such publication by the affidavit of the printer or publisher of such newspaper, taken before any officer authorized to administer oaths, filed in the office of the city clerk, or a copy thereof certified by said clerk, shall be deemed presumptive evidence thereof in all courts and places; but such publication may be proved by any other competent evidence.

designated.

§ 16. The common council shall designate the two Newspanewspapers printed in said city, having the largest bona pers to be fide circulation, in which shall be published all ordinances, resolutions, notices, or other proceedings, which by this act or any other act are or may be required to be published, except as hereinafter otherwise directed.

§ 17. The common council shall have power by resolu- May retion,

move unsafe build

1. To compel the owner or occupant of any building or ings wall in the said city, which may be in a ruinous or un

And nuisances.,

And keep

streets un

safe condition, to render the same safe or to remove it, and in case he will not proceed as directed, either to ren-. der it safe or to remove it, to cause the same to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action.

2. To require the removal or destruction of any dead carcass or other unwholesome or offensive substance or substances likely to become unwholesome or offensive, from any street, lot, or building, by the owner or occupant thereof, and in case such owner or occupant will not proceed as required to remove or destroy the same, then to cause the same to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action.

3. To require any building, fence, or other erection, obstructed. Which may be placed within or erected upon the line of any street or highway in the city, to be removed therefrom by the owner or occupant, and in case of his neglect to remove the same, to cause it to be removed at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action.

Fence viewers.

Annual es

§ 18. The alderman to be elected as hereinbefore provided, shall be fence viewers within their respective wards, and shall have and exercise all the powers and authority of fence viewers

19. The mayor shall, annually, on or before the first timates. Monday of February, present to the common council a statement in writing, of the several sums of money he shall deem necessary to be raised by tax for the various purposes contemplated by this act.

City oth

cers.

Eligibility.

Elections.

TITLE III.

OF CITY OFFICERS, THEIR ELECTION AND DUTIES.

§ 1. The administrative powers of the said corporation shall be vested in a mayor, comptroller, street commissioner, collector of taxes and assessments, and such other officers as shall, from time to time, be created by law or appointed by virtue of this act.

2. No person shall be elected or appointed to any such office, unless he be at the time of his election a resident and elector of the city, and, if elected to any ward or district office, an actual resident in such ward or district.

§ 3. Elections for such officers as are by the provisions of this act to be elected, shall be held in each of the wards and election districts of said city, on the day of the gen, eral state election, at such places as the common counci

shall designate. The first election for said officers, shall be held on the day of the general election in November, one thousand eight hundred and fifty-one. The electors shall vote by ballot in the district where they actually reside.

§ 4. On the outside of each ballot, when folded, shall Ballots. appear, written or printed, one of the following words: "City," "Excise;" but no ballot found in the proper box shall be rejected for want of such endorsement. The bal lot endorsed "City" shall contain the names of all the city officers then to be chosen, except commissioners of excise, any or either of them; and the ballot endorsed "Excise" the names of the commissioners of excise to be chosen, any or either of them; such ballots shall be deposited in separate boxes, to be provided by the city for that purpose, and all the provisions of law in respect to the election of state officers shall be deemed to apply to elections held under this act, so far as the same are applicable and consistent therewith.

§5. The canvass of the votes in each election district shall be completed without adjournment, and upon its completion, the inspectors shall cause a statement thereof to be made and signed by them, and shall on the same day or the next day thereafter file the same with the clerk of the city. The clerk shall present the statement to the common council at a meeting to be held for the purpose on the Saturday succeeding the election, at or before five o'clock on that day, and a majority of the aldermen shall constitute a quorum. The common council shall, thereupon, determine who by a plurality of votes are elected to fill the offices voted for, and make and subscribe a certificate thereof in the book of record of its proceedings. The clerk shall thereupon serve upon each person elected to an office, either personally, or at his place of residence, a notice of his election. At the first election to be held under this act the statement above mentioned shall be filed with the clerk of the village of Williamsburgh, and it shall be the duty of the president and trustees of said village, a majority of whom shall constitute a quorum, at a meeting to be held for that purpose on the Saturday succeeding such first election, to determine and certify who, by a plurality of votes, are elected to fill the offices voted for.

Canvass of

votes.

term of of

§6. The mayor shall be elected every two years, and no Mayor's person shall be eligible to that office unless he has resided ice. in the city at least three years. He shall receive such Salary. salary as shall be fixed by the board of finance. He shall

by virtue of his office be a supervisor of the city of WilSupervisor. liamsburgh, and a member of the board of supervisors of the county of Kings, with all the powers and authority of a supervisor of said county, and shall possess all the jurisdiction and exercise all the powers and authority in criminal cases, of a justice of the peace, in addition to the powers heretofore given him by this act; but shall receive no fees for his services as such justice of the peace, (except as is hereinafter provided,) nor for his services as supervisor. It shall be his duty:

His duties.

1. To communicate to the common council at their first meeting in the month of January in each year and oftener if he shall deem it expedient, a general statement of the situation and condition of the city, in relation to its government, finances and improvements with such recommendations as he may deem proper.

2. To be vigilant and active in causing the laws and ordinances of the city to be duly executed and enforced, and to exercise a constant supervision over the conduct and acts of all subordinate officers, and to examine into all complaints preferred against them for a violation or neglect of duty; to preserve the peace of the city, and generally to perform all such duties as may be required of him by law, for which purpose he shall have and possess all the authority and power in criminal cases, to arrest and commit for examination all offenders for offences committed within said city against the laws of this state, of a police magistrate or justice of the peace of any of the towns of this state; and shall have the power and authority to issue warrants against any and all persons violating any of the ordinances, by-laws or regulations of the common council, or of the board of health, to direct the proper officers to arrest such persons, and summarily to hear, try and determine, and dispose of the same, where the penalty imposed by said ordinance, by-law or regulations shall not exceed ten dollars; and in case the penalty imposed by said ordinance, by-law or regulation shall not be paid forthwith upon such person being adjudged guilty, then the said mayor shall have power, by warrant under his hand and seal, to commit the said offender to the county jail of Kings county, for a term not exceeding thirty days; or until the fine is paid. And in all cases where such person shall hold a license or warrant granted by the common council, or any of the officers thereof, it shall be lawful for the said mayor to suspend said license or warrant, or the person so found guilty, from the benefits and privileges of said license or warrant until the common coun