His duty in regard to judgments against the city. How such judgments are to be paid. Mandamus. Judgments recovered against and payable by the city, remaining unpaid with the interest due and to become due thereon, shall be reported to the councils by the city solicitor at their first session after the same shall become payable, and if there shall be no funds in the treasury provided for and applicable to the payment thereof the amount shall be raised in the next levy of taxes. Such judgments shall be paid in the order of their priority out of the first moneys paid into the city treasury on account thereof, by reason of such levy, but if there be any moneys in the treasury, not otherwise appropriated, councils shall direct the payment therefrom of the judgments in the order of their priority, and the plaintiffs in such judgments shall have the right to enforce compliance with the provisions hereof by mandamus or other proper process, but shall not have the right to collect or compel the payment of any such judgments in any other manner or out of any other funds of the city. ARTICLE IX. Education. DEPARTMENT OF EDUCATION. SECTION 1. The department of education shall continue as now established by law. ARTICLE X. Charities and correction. Jurisdiction. Proviso. Record to be kept of all proceedings inspection of DEPARTMENT OF CHARITIES AND CORRECTION. SECTION 1. The department of charities and correction shall be under the charge of a president who shall be the head thereof, and four directors, to which department shall be confided the care, management, administration and supervision of the charities, almshouses, hospitals, houses of correction, and all other similar institutions, the control or government of which is intrusted to the city: Provided, That no part of this section shall interfere with the Municipal Hospital or Lazaretto as now under the control of the board of health, or with the functions of any board of directors of city trusts now existing, created by any acts of Assembly of this Commonwealth. The board shall keep a complete record of all its proceedand shall be open to ings which shall always be open to the inspection and examination of the mayor and of any committee appointed by councils, or either branch thereof, and shall appoint all officers and servants required for the several institutions under its management. mayor and councils. Councils to provide for management of department and institutions under its care. Councils shall have power to provide by general ordinance for all things needful for the proper and efficient management of the said institutions and the said department, not inconsistent with the provisions of this act, and all able-bodied paupers, vagrants and other persons admitquired to work upon ted or committed to any of the said institutions may be Able-bodied in mates may be re the streets &c. required to work upon the public streets, or roads, or elsewhere. The board of inspectors of the county prison shall con- County prison. tinue as now constituted by law. ARTICLE XI. SINKING FUND COMMISSION. SECTION 1. The sinking fund commission shall continue Sinking fund. as now established by law. ARTICLE XII. APPOINTMENT OF DEPARTMENTAL OFFICERS, CLERKS AND EMPLOYES. for SECTION 1. The mayor shall nominate and, by and with the advice and consent of the select council, appoint the following officers who shall hold office during the term which the appointing mayor was elected, and until their successors shall be respectively appointed and qualified. I. The director of the department of public safety. II. The director of the department of public works. III. The president and directors of the department of charities and correction shall also be appointed by the mayor, but their term of office shall be five years from the date of their appointment if they shall so long behave them selves well. SECTION 2. The directors or chief officers of departments shall appoint all subordinate officers and clerks. The directors or chief officers of departments may, by written order, giving their reasons therefor, remove or suspend subordinate officers and clerks, provided the same is not done for political reasons. In case of such removal the director shall appoint a successor who shall hold office subject to confirmation within ten days after such appointment by the select council, if then in session, or within ten days after the beginning of the next succeeding session, if such appointment be made during a recess. SECTION 3. All officers, clerks and employés, except the assistants of the city solicitor, in the several departments and sub-divisions thereof, or of any board attached thereto, shall be appointed by the head of the said department, but from and after the passage of this act, no such appointment or any promotion of any subordinate official, excepting only of assistants or laborers employed for special or temporary purposes, and professional experts, and such others as are specially excepted by this act, shall be lawful except when made under and in pursuance of rules and regulations providing for the ascertainment of the comparative fitness of all applicants for appointment or promotion, by a systematic, open and competitive examination of such applicants, 4 LAWS. departments to make and promulgate rules and regulations for compe titive examinations, within sixty days. Personal solicita tion forbidden, and penalty prescribed therefor. Mayor and heads of which rules and regulations, it shall be the duty of the mayor and the heads of departments, to make and promulgate within sixty days after the passage of this act. One of the said rules shall provide that any personal solicitation of the officers of said board or of the appointing power in favor of any candidate, by any person whomsoever, unless fraudulently done in order to injure him, shall be taken and deemed to have been done at the instance of the candidate himself and shall disqualify him from competing at any such examination or appointment for and during one year thereafter: Provided, That no officer, clerk, or employé shall be appointed in any department, sub-division thereof, or any board attached therto, until such rules and regulations have been promulgated except to fill a vacancy caused by death or resignation. Prior to promulga tion of rules, vacan cies caused by death or resignation may be filled, but no other appointments made. ARTICLE XIII. Grounds for impeachment, suspension or removal. Proceedings regulated. If reasonable ground is shown, court to grant rule on the accused to appear on a day certain and answer. Court to appoint, on sufficient cause of five reputable citizens to investigate charges. IMPEACHMENT OF MUNICIPAL OFFICERS. SECTION 1. Municipal officers shall be liable to impeachment, suspension and removal from office for any corrupt act or practice, malfeasance, mismanagement, mental incapacity, or incompetency for the proper performance of official duties, extortion, receiving any gift or present from any contractor or from any person seeking or engaged in any work for, or furnishing material to, the city, or from any incumbent or occupant of, or candidate or applicant for, any municipal office, and for wilfully concealing any fraud committed against the city. Complaint in writing may be made to the court of com mon pleas of the proper county by not less than twenty freeholders of the city, each of whom shall write his occupation and residence opposite his signature, charging any municipal officer with any offense setting forth the facts on which the said charge is founded, supported by the oaths or affirmations of at least five of the complainants according to the best of their knowledge, information and belief. If in the judgment of the court there appears to be reasonable ground for such proceeding, the court shall direct the complaint to be filed of record, and grant a rule upon the accused returnable on a day certain to appear and answer the same. If on the return day of the rule the court shall find sufshown, a committee ficient cause for further proceedings, it shall appoint a committee of five competent and reputable citizens to investigate the charges contained in said complaint, who, having been first severally sworn or affirmed to perform the duties of their appointment with fidelity, shall have full authority for that purpose to examine the books of the office held by the accused, and any papers, contracts, letters or documents filed therein, and examine witnesses under oath or affirma To be sworn. tion, whose attendance the court shall enforce, if necessary, by subpoena and attachment. Written report to be made and filed, with the testimony taken, within three weeks. Suspension, pending investigation, may be ordered by the court. It shall be the duty of the committee to make a written report to the court of the facts found by them, which shall be filed of record, accompanied by the testimony taken, within three weeks next after their appointment, unless the time shall be extended by the court upon their application. In any stage of the proceedings if the public interest so require the court may, by an order to be filed of record in the case, suspend the accused from office until he shall be tried and acquitted. If the committee, or any three of them, shall find that Proceedings when any charge made as aforesaid is well founded they shall, in charge is sustained. their report, so state in specific form, and in such case the court shall cause a certified copy of the whole record, with the specifications of the charges against the accused, to be transmitted to the select council, which shall be assembled within ten days thereafter in special and open session as a court of impeachment, and the members shall be severally sworn to try and decide the same according to the evidence. A copy of the specifications shall be served on the accused or left at his last place of residence, at least five days before the commencement of the trial, and he shall be entitled to be heard therein in person or by counsel, and to produce evidence in his defense, and the prosecution before the select council shall be conducted on the part of the city by the city solicitor. Select council to assemble within ten days and sit in open session as a court of impeachment. Copy of specifica tions to be served, &c. Accused may be by counsel, &c. Prosecution to be city solicitor. heard in person or conducted by the President judge, or The president judge of the said court of common pleas, or in his absence an associate judge thereof, shall preside dur- shall preside at ing the trial and decide finally all questions of law and evidence that may arise in the case. He shall have the power to issue subpoenas for witnesses and compel their attendance by attachment, and the production of books, papers, and documentary evidence required or called for by the said court of impeachment, and to punish witnesses and others for contempt as fully as any court of this Commonwealth may lawfully do in any case. The decision of the court of impeachment shall be entered upon the record of its proceedings and certified by the clerk to the court in which the complaint was filed. If the accused shall be found guilty on any of the specifications the said court of common pleas shall enter judgment accordingly and declare the said office vacant. ARTICLE XIV. CONTRACTS. SECTION 1. All contracts relating to city affairs shall be in writing, signed and executed in the name of the city by the officer authorized to make the same after due notice, and, in cases not otherwise directed by law or ordinance, such contracts shall be made and entered into by the Decision of court to be entered of record &c. If found guilty, judgment to be entered and office declared vacant. How contracts are ecuted. to be drawn and ex Not to be executed mayor. No contract shall be entered into or executed in the name of city directly by the city councils or their committees, but some councils or their committees. Be countersigned by the controller. Filed and registered in mayor's office, and attested copies furnished. Every contract for improvement shall mate of the whole cost. officer shall be designated by ordinance to enter into and execute the same. All contracts shall be countersigned by the controller and filed and registered by number, date and contents in the mayor's office, and attested copies furnished to the controller and to the department charged with the work. Every contract for public improvements shall be based be based on an esti- upon estimate of the whole cost furnished by the proper officer through the department having charge of the improvement, and no bid in excess of such estimate shall be accepted. Every such contract shall contain a clause that it is subject to the provisions of this act, and the liability of the city thereon shall be limited by the amounts which shall have been or may be, from time to time, appropriated for the same. And be subject to this act. Liability of city limited to amounts appropriated. Councilman, officer ted from being in terested in any contract. No contract for work to be done for, or property or maor employe prohibi- terials to be sold or supplied to any city of the first class, or any department thereof shall be made with any councilman, officer, or employé of such city, or with any firm copartnership or association of which such councilman, officer or employé is a member, and if any councilman, officer or employé during the term for which he shall have been elected or appointed, knowingly acquire an interest in any such contract he shall forfeit his office. Penalty for so doing. In all contracts for improvements the cost of which is to be paid by assessment upon the property abutting or benefitted, the city shall not be liable to any claim for the amount to be collected from such assessments, but the contractor shall look to the assessment for his compensation. ARTICLE XV. Time fixed for first election under this act. Prior to January GENERAL PROVISIONS. SECTION 1. The first elections under this act shall be held on the third Tuesday of February, immediately preceding the expiration of the term of the mayor in office at the time of its approval. For the purpose of enacting legislation to properly carry out the provisions of this act the councils shall, prior to the first day of January one thousand eight hundred and eightyseven, enact ordinances providing for the reorganization of the several departments of the city, so as to conform to the requirements of this act All executive powers and duties of the several officers of the city not hereinbefore otherwise nance, be assigned distributed, shall be assigned by ordinance to the appropriate department hereby created, and when so assigned all other departments now existing shall be abolished. All executive powers and duties not distributed by this act shall, by ordi to proper department. Powers of councils in regard to the attendance of witnesses, the production of papers, &c. Each branch of councils shall have power to compel the attendance of witnesses and the production of books, papers and other evidence, at any meeting of the body, or of any |