CHAPTER I.

OF THE POWER, DUTIES AND AUTHORITY OF THE

MAYOR.

I.-Of his Legislative powers.

Messages to the Common

[1.] He is to communicate to the Common Council, Council. at least once a year, and oftener, if he shall deem it ex-、 pedient, a general statement of the situation and condition of the city, in relation to its government, finances and improvements.

Recom

them.

[2.] He is to recommend to the adoption of the Com- mendamon Council, all such measures connected with the tions to police, security, health, cleanliness and ornament of the city, and the improvement of its government, and finances, as he shall deem expedient. (Act of April 7th, 1830, Ch. 122, Sec. 17, Vide Supra, p. 103.)

Revision

ces.

[3.] He is to receive and examine every act, ordinance or resolution, which shall have passed the two boards of the Common Council, and which shall be of ordinanpresented, duly certified, to him for his approbation. If he approves, he must sign it; if not, he must return it with his objections to the board in which it origin ated within ten days thereafter; or if such board be not then in session, at the next stated meeting. If the Mayor shall not return any act, ordinance or resolution so presented to him, within the time limited for that purpose, it takes effect in the same manner as if he had signed it. (Act of April 7th, 1830, Ch. 122, Sec. 12, 14. See supra, p. 102.)

II. Of his judicial powers.

[1.] He is ex officio a justice of the peace. (Charter, Sec. 26. See supra, p. 68, and note 40, R. R.—R.

Statutes, Vol. 2, 704, Sec. 1.) But the general duties Justice of of the office of justice of the peace, and with which he the peace. is clothed, equally with the city Judges, the Recorder, and each of the Aldermen, are particularly confided to the special justices, who are to execute within the city, the like authorities which are vested by law in justices, as conservators of peace. (See the act of April 9th, 1813, Ch. 86, Sec. 22-24, and the act of March 26th, 1832, Ch. 58, and supra, note 40, R. R.) The Mayor, Recorder, and Aldermen may be considered as essentially released from attending to the ordinary duties belonging to the office of a justice of the peace. But the Mayor and each of those officers, as well as the Chancellor and Judges of the Supreme Court, whenever they shall severally deem the occasion to require it, may be in the police office of the special justices, and then and there do every act which they shall deem requisite to be done by them as conservators of the peace. (Act of April 9th, 1813, Ch. 86, Sec. 23, and which act was not revised, and was left in force in 1830, as see the Revised Statutes of 1830, Vol. 3, 647. is in the Revised Statutes of 1813, see Vol. 2, 342. Its numerous provisions are still in force, except so far as they may have been altered or controlled by new, more specific, or inconsistent provisions in the Revised Statutes of 1830, or in acts subsequently passed.)

The act itself

There are, however, many statute provisions which apply expressly to the Mayor and Aldermen as justices or conservators of the peace, and which prescribe duties that they may at times be called on to execute, and which partake of a judicial nature. The most promment of those provisions are those which follow.

offenders.

(1.) If a complaint should be made in writing, and upon oath, under the act to prevent the commission of crimes, (R. S. vol. 2, 704, sec. 2,) or under the act Arrest of for the arrest and commitment of offenders, (Ibid. 706, sec. 2.) and the applicant should not be disposed, though advised, to apply elsewhere, it might be deemed the duty of the Mayor, Judge or Alderman applied to, under the express and mandatory language of the statute, if not otherwise engaged in some incompatible duty, to examine into the complaint and take cognizance of the case. This is to be done in the case of a breach of the peace only threatened, by examining the complainant and any witnesses he may produce, on oath, and reducing the examination to writing; and if there shall appear to be just reason to fear the commission of the offence, by issuing a warrant, and having the person complained of brought before him, when his recognizance is to be taken, with sufficient surety, to appear at the next General Sessions, and in default of entering into recognizance with the required surety, the person complained of is to be committed to prison. (R. S. vol. 2, 704, sec. 2. 3. 4. 5.) But in the case of a charge of a criminal offence already committed the proceeding is more strict and solemn. A formal examination takes place when the accused is arrested. and brought before the magistrate, and the parties are examined and witnesses on each side, and the prisoner is to be committed, if there be probable cause for the charge, and the crime be of a magnitude not bailable by a justice. But if the charge be of an offence of an inferior grade, he is to be bound by recognizance to appear at the next court having cognizance of the crime, or be discharged, as the nature and circumstances of the case may require. (R. S. vol. 2, 706--709.) Such cases, it is to be presumed, will rarely call for the exercise of this power by the Mayor or the Alder

men. They have other sufficient and more appropriate duties to perform, and the police office of the special justices is the proper forum for such business. But they cannot well avoid the duty, if any person should break the peace, or threaten to break it in their presence, and the Mayor or Alderman would be required to bind the offender over to the next sessions, and in the mean time to keep the peace, and in case of refusal, to commit him to prison. (R. S. vol. 2, 705, sec. 8.)

(2.) The Mayor, Recorder, every Alderman and every Special Justice before whom any person described as a Vagrants. vagrant, under the act of January 23d, 1833, ch. 11,

shall be brought for examination, is required to take cognizance of the case. As cases of this kind are more likely to come before the Aldermen than the Mayor, I shall reserve any further notice of their duty for the subsequent part of this treatise on the duties of the Aldermen as Justices of the peace.

(3.) The Mayor and Recorder, or any two Aldermen, or two Special Justices, on complaint and competent Poor and proof that any child is found in a state of want and sufsuffering children. fering; or abandoned; or improperly exposed or

neglected by the parents or other person having the same in charge; or that it solicits charity from door to door, in the streets, &c; or if the mother be convicted of being a common prostitute; or the parent be the keeper of a bawdy house, may commit such child to the alms house or other suitable place for labor and instruction. (Act of January 23d, 1833, ch. 11, sec. 18.)

(4.) So again, if the offence of profane cursing and Profane swearing be committed in the presence and hearing of swearing. any Justice of the Peace, Mayor, Recorder or Alderman, and under such circumstances as, in the opinion of the magistrate, amounts to a gross violation of public decency, he may, in his discretion, convict the of

fender without further proof; and if the penalty and costs be not paid forthwith, he is to be committed by warrant to the common jail for every offence, or for any number of offences whereof he was convicted at one and the same time, not less than one nor more than three days, in separate confinement. (R. S. vol. 1, 673, sec. 61. 62. 63.)

gious

(5.) The Mayor, Recorder, Aldermen, or any of them, D'sturbor any other magistrate may convict summarily, dis- ing reliturbers of religious meetings, and commit them to jail meetings. in default of paying the penalties. (R. S. vol. 1, 674, sec. 65--68.)

(6.) If persons expose goods for sale on Sunday, except meats, milk and fish before 9 o'clock in the morning, the articles may be seized and sold under a warrant from the Mayor, Recorder or any Alderman, upon conviction of the offender. (R. S. vol. 1, 676, sec. 71.) So if any complaint be made of any violation of Violation of Sunday. the act for the observance of Sunday; or if any such violation happens in the presence of any Justice of the Peace, Mayor, Recorder or Alderman, he shall cause the offender to be brought before him, and summarily inquire into the facts. If the offender be convicted by the magistrate, a record of the conviction is to be made, and it is final and not re-examinable on the merits, and the penalty is to be collected, if necessary, by the award of execution. (R. S. vol. 1, 676--677, sec. 73. 75.)

(7.) The Mayor is authorised to act in concert with the overseers of the poor, in binding out the children of poor parents, as clerks, apprentices and servants; Apprenti and he may in some instances alone, and in others in ces. association with the Recorder and one of the Aldermen, hear complaints and afford relief in cases of difliculty or abuse arising out of the relation of master and apprentice or servant. (R. S. vol. 2, 154. 155. 159 160, sec. 1. 6. 29. 30. 31. 32. 33. 35. 37.)