the clause of this act, or the by-laws or ordinances under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it.

7. FIRST PROCESS, SUMMONS-WARRANT, WHEN TO ISSUE.] Ibid. SEC. 6. In all prosecutions for any violation of any ordinance, by-law, police or other regulation, the first process shall be a summons, unless oath or affirmation be made for a warrant, as in other cases.

8. REMISSION OF FINES-MAYOR MAY RELEASE FROM HOUSE OF CORRECTION.] Ibid. SEC. 7. Neither the mayor or common council shall remit any fine or penalty imposed upon any person for the violation of the laws or ordinances of said city, unless two-thirds of all the aldermen authorized to be elected, shall vote for such release or remission; but the mayor shall be authorized, in his discretion to release from imprisonment any person committed to the bridewell or house of correction, or county jail, for a violation of the ordinances of said city, by virtue of the judgment of said police court.

9. SALARY OF POLICE JUSTICES-FEES TO BE RELINQUISHED AND PAID INTO TREASURY.] Ibid. SEC. 8. The said justices shall be compensated by salary, to be fixed by the common council, for doing the business of said police court, in lieu of all other compensation or fees whatever accruing from the business to be disposed of; and the said justices, so designated, shall not enter upon their duties, nor be appointed to hold such court, as justices of the peace aforesaid, unless they first, sign and execute an express relinquishment in writing in favor of the city, of all other fees, emoluments or compensation whatever, than what may be provided by a salary to be fixed as aforesaid by the common council; and such express relinquishment shall be filed in the comptroller's office; and all justices' fees and costs collected in all actions brought for said city, under the city charter, shall be paid into the city treasury as other revenue of the city.

10. CLERK TO BE ELECTED SALARY-POWERS OF-MAY APPOINT DEPUTIES.] Ibid. SEC. 9. There shall be elected by the people at the next municipal election, and biennially thereafter, one "police court clerk," who shall hold his office for two years, and until his successor is elected and qualified.* He shall take an oath, the same as other officers elected under this act, and shall execute a bond with sufficient security to the city, to be approved by the common council.† He shall receive a fixed salary for his services, the amount thereof to be determined by the common council. He shall have power to administer oaths, and appoint deputies when, in the opinion of the common council, it may be necessary; in which case, said deputies shall be nominated by said clerk and approved by the common council, and the common council may prescribe the duties and fix the compensation of such deputies.‡

11. VACANCY IN OFFICE OF CLERK-COURT MAY APPOINT CLERK AD INTERIM.] Ibid. SEC. 10. In case of the temporary inability or absence of the clerk, or in case of a vacancy in said office, and when there is no dep

uty, the police court may appoint some competent person to discharge the duties of the office, until the vacancy is filled or ceases.

12. DUTIES OF CLERK.] Ibid. SEC. 11. The duties of the police court clerk shall be to keep a full, detailed and complete account, on his docket, of all cases and persons arrested and brought before the police court; how tried and disposed of; the number of cases disposed of; the cases in which moneys have been collected; and the cases in which money is to be collected; the amount of all forfeitures, penalties and fines assessed, or the punishment fixed in each case, with the fees and costs accrued and accruing thereon; and to collect, prosecute and receive payment of all such fees, fines, penalties and forfeitures, and all judgments and executions, and all moneys whatever accruing, or to be paid in for the use of said city, from the enforcement of any of the laws thereof, and forthwith to pay over the same to the treasurer of said city.

13. WITNESS FEES WHEN TO BE TAXED TO BE PAID INTO TREASURY.] Ibid. SEC. 12. Witness fees in all cases in the police court, in which the city is a party, shall be taxed and collected only when demanded or claimed by the witness at the time of trial; and no witness shall be allowed more than one fee for any one day's attendance, nor shall any witness fee be taxed, in any case, in favor of any member of the police force. All witness fees, when collected, shall be paid into the city treasury for the benefit of such witnesses. It shall be the duty of the clerk to deliver to each witness, who is entitled to receive from the city any witness fee, a certificate thereof, showing the name of such witness, the suit in which he testified, and the amount to which he is entitled. The comptroller shall draw his warrant on the treasurer, on presentation of said certificate, in favor of the party entitled to such fee, provided the same be presented within one week after the filing of the daily report, referring to said certificate, hereinafter required from the clerk of said court.

14. CLERK TO PROSECUTE WHEN.] Ibid. SEC. 13. It shall be the duty of the police court clerk to see that all cases are properly prosecuted before said police court, in the absence of the city attorney, and no police officer shall conduct any prosecution. He shall take care that said fines, penalties, forfeitures, fees, judgments and executions are collected in all cases as speedily as may be, and the police justices shall, so far as is possible, aid said clerk in the collection thereof.

15. CLERK TO REPORT DAILY-PAY OVER MONEYS DAILY.] Ibid. SEC. 14. The said police court clerk shall, at the close of every day, make a written report to the comptroller, containing the name and number of each case disposed of during the day, in which the city is a party, and its final disposition; the names of all witnesses in each case, to whom certificates for witness fees have been issued, with the amount of each fee; and also the amount of all such fines, fees, penalties and forfeitures as he may have collected during said day. He shall also specify in his said report, the number of cases pending; the number of cases in which any fine, forfeiture or penalty has been inflicted, and the amount thereof; and also the amount of moneys outstanding to be collected in such cases, and the state of each case

respectively; and, upon making each and every such statement, he shall verify the same by oath taken before some competent officer, that such statement is a full, fair and complete statement of the moneys received and collected by him during said day, and of all matters required by law to be embraced in said report. He shall also pay over to the city treasurer, at the close of every day, all moneys received and collected by him as such clerk, and shall file his receipt therefor with the said comptroller.

16. FAILURE TO REPORT AND PAY OVER-PENALTY.] Ibid. SEC. 15. In case of the failure of such clerk to make such report and pay over said moneys daily, as herein required, a notice shall be served on him by the comptroller, that, within three days, he is required to make such returns, and pay over all moneys received, and, in case of the failure of said clerk to pay over said moneys and make such report to the satisfaction of said comptroller, he shall be suspended and removed from office, by the mayor with the concurrence of the common council, and thereupon the mayor, by and with the advice and consent of the common council, shall appoint his successor to fill the vacancy during the unexpired term.

17. PROSECUTING ATTORNEY-DUTIES OF.] Ibid. SEC. 16. The common council, if it think proper, may, by ordinance, provide for the appointment of a prosecuting attorney for said police court, to manage all city cases before it, and, in such case, may provide for his compensation by a salary. In case of the appointment of such prosecuting attorney of the police court, he shall prosecute all cases before it, and also superintend the collection of fees, fines, forfeitures, judgments and executions, and keep a docket thereof, and file a monthly report of the number of all cases commenced, and all cases disposed of, with the names of parties sued, and the amount of fines, fees and forfeitures collected, with the number of cases where moneys are uncollected, and the amount thereof, and file such reports in the city comptroller's office.

18. COUNCIL MAY PRESCRIBE OTHER DUTIES OF CLERK AND PROSECUTING ATTORNEY.] Ibid. SEC. 17. SEC. 17. The clerk of the police court and police prosecuting attorney (if any), shall perform such other duties as may be prescribed by ordinance of the common council.*

19. SESSIONS OF COURT HELD IN ONE PLACE-WHEN MAY BE CHANGED.] Ibid. SEC. 18. The sessions of the police court shall be held in but one place, where all examinations upon criminal charges before the justices thereof shall be had; and where, also, all other business of every kind coming before the justices of said police court, shall be transacted; and the place of holding said court shall not be changed without a vote of the common council.†

⚫ Ordinance as to duties of prosecuting attorney and of clerk of police court: ante, p. 99.

+ Council may provide for police court in each division; ante, section 3, and note.

1. POWER TO PRESCRIBE FIRE LIMITS.] Act February 13, 1863, chap. 12. SECTION 1. The common council, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected or placed or repaired without permission, and to direct that all and any buildings, within the limits prescribed, shall be made or constructed of fire-proof materials, and to prohibit the repairing or rebuilding of wooden buildings, within the fire limits, when the same shall have been damaged to the extent of fifty per cent. of the value thereof, and to prescribe the manner of ascertaining such damage.* 2. GENERAL POWER OF COUNCIL AS TO FIRES-CHIMNEYS MANUFACTORIES, ETC.] Ibid. SEC. 2. The common council shall also have power: First. To prevent the dangerous construction and condition of chimneys, fire-places, hearths, stoves, stove pipes, ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition, when considered dangerous.

Second. To prevent the deposit of ashes in unsafe places, and to cause all

For ordinance see page 17 ante,

such buildings and enclosures as may be in a dangerous state, to be put in safe condition.

Third. To regulate and prevent the carrying on of manufactories dangerous in causing or promoting fire.

Fourth. To regulate and prevent the use of fire-works and fire-arms. Fifth. To compel the owners or occupants of houses or other buildings, to have scuttles in the roofs, and stairs or ladders leading to the same.

Sixth. To authorize the mayor, aldermen, police, or other officers of said city, to keep away from the vicinity of any fire all idle and suspicious persons and to compel all officers of said city, and other persons, to aid in the extinguishment of fires, and in the preservation of property exposed to danger thereat.

Seventh. And, generally, to establish such regulations, for the prevention and extinguishment of fires, as the common council may deem expedient.*

3. ALDERMEN AND FIREMEN EXEMPT FROM JURY DUTY.] Ibid. SEC. 7.† The members of the common council and firemen shall, during their term of service as such, be exempt from serving on juries in all courts of this state, and in the militia. The name of each fireman shall be registered with the clerk of the city, and the evidence to entitle him to the exemption provided in this section shall be the certificate of the clerk, made within the year in which the exemption is claimed.

4. FUND TO BE SET APART FOR RELIEF OF DISABLED FIREMEN.] Ibid. SEC. 8. One-eighth part of the amount of all fire insurance rates which shall be annually paid into the city treasury, as hereinbefore provided, shall be reserved and set apart, to create a fund for the relief of distressed firemen who may become disabled in the service of the city; and shall be used solely for that purpose. Said money shall be disbursed in such sums, and under such rules and regulations, as the common council shall prescribe. The remaining seven-eighths of the aforesaid revenue shall be retained by the city and allowed to accumulate, until a sufficient sum shall have been realized to defray the expense of establishing a fire alarm or fire telegraph system in said city, and shall be then used for that purpose. After this purpose shall have been accomplished, this portion of the aforesaid revenue shall be applied to the purchase of fire engines and other apparatus used for the extinguishment of fires.

5. BOARD OF POLICE TO CONTROL FIRE DEPARTMENT.] Act February 16, 1865. SEC. 23. The board of police of said city shall assume and exercise the entire control of the fire department of said city, and shall pos sess full power and authority over its organization, government, appointments and discipline, within said city. It shall have the custody and control of the engine-houses, engines, hose carts, trucks, ladders, horses, telegraph lines, and all other public property and equipments belonging to the fire depart

ment.

6. ORGANIZATION OF FIRE DEPARTMENT.] Ibid. SEC. 24. The fire

Ordinance ante, page 17.

↑ Sections 3, 4, 5 and 6, act of February 13, 1863, repealed by act February 16, 1865; see post, chapter 22, section 28.

Alderman to have powers of fire warden and conservator of the peace, ante, chapter 3, section 10; post, chapter 22, section 7.