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such officers reasonable notice thereof and a reasonable opportunity to be heard, and such officer may be suspended pending such investigation.

20. Filling vacancies in city offices.-Except as otherwise provided in this act, if a vacancy shall occur otherwise than by expiration of term, in any elective office of the city, the common council shall appoint a person to fill such vacancy for the balance of the unexpired term. A vacancy occurring in any appointive office of the city, otherwise than by expiration of term, shall be filled for the balance of the unexpired term by the same authorities and in the same manner as an appointment for a full term.

ARTICLE III.

CITY OFFICERS, THEIR GENERAL POWERS AND DUTIES.

Section 30. Official oaths required of all city officers. 31. Official bonds of city officers.

32. Liability of city officers for unauthorized expenditures and other official misconduct.

33. When expenditures to be by contract to the lowest bidder.

34. City officers authorized to administer oaths and take affidavits and acknowledgments.

35. General powers and duties of the mayor.

36. General powers and duties of city clerk.

37. General powers and duties of city treasurer.

38. General powers and duties of the receiver of taxes.

39. General powers and duties of city engineer.

40. General powers and duties of superintendent of

streets.

41. The aldermen.

42. The city sealer.

43. The constables.

44. The assessors.

45. Health officer.

46. Powers and duties of the justices of the peace and

other city officers.

47. Powers and duties of supervisors.

48. Payment of money must be made from and into the general city fund, when not otherwise provided.

49. Excise; fund into which moneys to be paid.

§ 30. Official oaths required of all city officers.-Each officer of the city shall, before he enters upon the duties of his office, take and file his official oath in accordance with article thirteen of the constitution and section ten of the public officers' law, and for omission so to do he shall be subject to the liabilities and penalties prescribed by section forty-two of the penal code and section thirteen, fifteen and twenty of the public officers' law. Each mayor, clerk, police justice and commissioner of deeds shall, forthwith upon his election or appointment, file a certificate by the city clerk of his election or appointment with, and also take and subscribe the constitutional oath of office before the clerk of the county of

Westchester.

§ 31. Official bonds of city officers.—Each city clerk, constable, city engineer, superintendent of streets, commissioner of charities and police justice, shall, before he enters upon the duties of his office, execute and file an official bond in accordance with section sixteen of the statutory construction law and sections eleven, twelve and thirteen of the public officers' law, and for omission so to do shall be subject to the penalties and liabilities prescribed in section forty-two of the penal code, and sections thirteen, fifteen and twenty of the public officers' law; except as herein otherwise provided, the penal sum named in any such bond, or the sum speci fied in any such undertaking as the maximum amount of liability thereon, shall be fixed by the common council.

$32. Liability of city officers for unauthorized expenditures and other official misconduct.-No officers of said city or other person shall have power or authority to make any purchase in behalf of, or on the credit of the city or to contract any debts or liabilities against the city, unless authorized so to do, by or in pursuance of law; and no account, claim or demand of any kind shall be allowed or paid unless so authorized. If any officer of the city shall vote for any appropriation or for the payment or expenditure of any moneys, not authorized by or in pursuance of law, such officer shall be liable to a penalty of one hundred dollars, to be recovered by the city in a civil action and shall be guilty of a misdemeanor. If the common council or any city board shall pass any resolution authorizing or purporting to authorize any expenditure of money by the city for any purpose, exceeding the amount authorized by or in pursuance of law, to be expended in any year by the common council or city board, each officer voting for such resolution shall be personally liable for the amount thereof, but the city of New

Rochelle shall not be liable therefor, and neither the common council nor any city board or city officer shall pay any debt or expenditure so contracted or made. If any officer of the city au thorized to make any contract in his official capacity, or to take part in making any such contract, becomes voluntarily interested in such contract, he shall be liable to the penalty prescribed by section four hundred and seventy-three of the penal code. If any person, having been an officer of said city, whose term of office has expired shall not within five days after notification and request, deliver to his successor in office all property, papers and effects of every description in his possession or under his control belonging to the said city, or appertaining to such office, he shall be liable to a penalty of one hundred dollars, to be recovered by the city in a civil action, together with all damages caused by his neglect or refusal, and he may also be proceeded against, as provided in section two hundred and forty-seven-a of the code of civil procedure, and section fifty-seven of the penal code.

§33. When expenditures to be by contract to the lowest bidder -Whenever any expenditures to be made or incurred by the common council or city board or any city officer in behalf of the city for work to be done, or materials or supplies to be furnished, except ordinary repairing and macadamizing of streets, shall exceed two hundred dollars, the city clerk shall advertise for and receive proposals therefor, in such manner as the common council, or as the board or officer charged with making such contract shall prescribe, and the contract therefor shall be let to the lowest responsible bidder, who shall execute a bond to said city with one cr more sureties, being freeholders, for the faithful performance of the contract. Each surety shall make an oath, in writing, that he is worth a sum double the contract price, over and above all debts and liabilities he owes or has incurred and exclusive of property exempt from execution, but where the contract price exceeds two thousand five hundred dollars, the amount in which the surety is required to justify may be made up by the justification of two or more sureties, each in a smaller sum, but in that case a surety can not justify in a less sum than five thousand dollars; and, where two or more sureties are required to justify, the same person can not so contribute to make up the sum for more than one of them. When the lowest bid, in the opinion of the common council, board or officer charged with making the contract is too high, they shall, if the common council consent thereto by resolution, have the right

to reject it, and may discontinue or abandon the work or may direct the clerk to advertise for new proposals, or with the consent of the common council, such work may be done without public letting. If, however, the estimated expenditure does not exceed five hundred dollars, the work may be done without a public letting, if the common council by resolution consent thereto.

$34. City officers authorized to administer oaths and take aff davits and acknowledgments.-Each mayor, clerk, police justice. and commissioner of deeds of the city shall have the same power and authority to administer oaths and take and certify affidavits and acknowledgments as a justice of the peace of towns in the county of Westchester.

§ 35. General powers and duties of the mayor.-The mayor of said city shall be the chief executive officer thereof. It shall be his duty, generally, to maintain the peace, good order and pros perity of the city; to take care that the laws of the state and the ordinances of the common council and board of health of the city are faithfully executed therein. He shall be the presiding officer of the common council. He shall have power and authority to call out and command the police and firemen of the city whenever, in his discretion, he shall deem it necessary, and such command shall be in all respects obeyed. Whenever necessary for the prevention or suppression of public disturbances, mobs or riots, it shall be his duty to take such action as is authorized by chapters three and four of title two, part two of the code of criminal procedure, section one hundred and sixty-two of the military code, and section twenty-one of the general municipal law. It shall be his duty to exercise a constant supervision and control over the conduct of all city officers, and he shall have power and authority to examine at all times the books, vouchers and papers of any officer or employe of said city, and to take and hear testimony and proofs in relation thereto and to require the attendance of witnesses to give such testimony and proof in pursuance of scctions eight hundred and forty-two to eight hundred and sixty-nine of the code of civil procedure. He shall designate the time or hour that he will be at his office in the city hall for the transaction of business. It shall be the duty of the mayor to communicate to the common council as soon after his election as practicable, and as often thereafter as he may deem expedient, a general statement of the affairs of the city in relation to its finances, government and improvement, with such recommendations as he may deem proper.

§ 36. General powers and duties of the city clerk.-The city clerk of said city shall be, ex-officio, clerk of the common council, of the board of fire and the board of police commissioners. He shall devote his time wholly to the duties of his office and shall per form such duties incident to his office as may be required by the common council or by any such board. He shall keep the minutes of the meetings of the common council and of each board of which he is ex-officio clerk, and shall record in books to be kept for the purpose, all proceedings of the common council and of each such board, and index the same. He shall have charge, custody and control of the corporate seal, books, papers, documents and official minutes of the city, except as otherwise provided by or in pursuance of law. He shall keep a book, and alphabetically in dex and record therein all bonds of city officers as well as all contractors' or other bonds running to the city or any of its officers, and note therein the date of filing each such bonds. He shall, upon request and payment of the fee therefor, make certified copies of all records and documents in his possession or under his control, as such clerk or ex-officio clerk, and may attach the corporate seal of the city to any such certificate, and such seal shall be deemed to be his official seal, and any such certified copy shall be evidence, as provided in section nine hundred and thirty. three of the code of civil procedure. He shall be entitled to de mand and receive for his own use fees for such certified copies, at the rate of ten cents per folio, from each person, other than a city officer, upon whose request any such certified copy is made and delivered. The office of the city clerk shall be a town clerk's office, and the city be deemed a town for the purposes of depositing and filing therein all books and papers required or authorized by law to be filed in a town clerk's office, and the city clerk shall possess the powers and discharge all the duties and lia bilities of a town clerk in relation thereto. Such rooms as may be provided for the city clerk shall be furnished and maintained by said city under the direction of the common council.

§ 37. General powers and duties of the city treasurer. The city treasurer shall be the chief fiscal officer of the city. He shall re ceive all moneys belonging to the city and keep an accurate ac count of all receipts and expenditures thereof, showing the funds for which and the persons from whom such moneys are received and the funds from which and the persons to whom such moneys

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