ted, and to supervise the discharge of official duty by all subordinate officers; 4. To communicate to the Common Council, at the beginning of every session, and oftener if deemed necessary, a statement of the affairs of the city, with such recommendations as he may deem proper; 5. To recommend to the Common Council such measures connected with the public health, cleanliness, and ornament of the city and the improvement of the government and finances as he deems expedient; 6. To approve all ordinances of the Common Council adopted by it, and in case the same do not meet his approbation to return the same, with his objections, within five days after he receives the same. NOTE.-Stats. 1850, p. 87, Sec. 22. 4387. All accounts and demands against said city must be audited by the President of the Common Council, and no money must be drawn from the City Treasury, unless upon the certificate of the President, by order of the Council. The certificate must be drawn upon the Treasurer of the city, and must specify the Fund out of which the same is payable. The Treasurer must pay the same out of any money in his hands belonging to such Fund. NOTE.-Stats. 1850, p. 87, Sec. 19. 4388. The Mayor is the President of the Common Council, must sign the journals thereof, decide by his voice all tie votes, must sign the warrants on the City Treasurer, and is the keeper of the City Seal. 4389. The City Marshal, in addition to the duties. prescribed by the Common Council, must execute and return all process issued by the Police Judge, or directed to him by any legal authority, and attend upon the Police Court regularly. He may appoint one or more deputies; and must arrest all persons guilty of a breach of the peace or for the violation of any city ordinance, and bring them before the Police Judge for trial, and has superintending control over the city police; and, until otherwise provided by ordinance, must perform all duties of Collector of city taxes. Assessor. 4390. The Assessor, in addition to the duties pre- Duties of scribed by the Common Council, must make out, within such time as the Common Council orders, a correct list of all the taxable property within the city limits, with the valuation thereof, which list certified by him must be returned to the Common Council. The mode of making out the list and of ascertaining the value of property, and of collecting all taxes, is the same as prescribed in this Code for assessing and collecting the State tax. NOTE.-Stats. 1850, p. 87, Sec. 26. City 4391. The City Attorney must attend to all suits, Duties of matters, and things in which the city may be legally Attorney. interested; to give his advice or opinion in writing whenever required by the Mayor or Common Council, and do and perform all such things touching his office as by the Common Council may be required of him. acts as NOTE.-Stats. 1850, p. 87, Sec. 27. Treasurer. 4392. The Treasurer must receive all moneys that Duties of come to the city either from taxation or otherwise, and pay the same out on the certificate of the President of the Common Council, and do and perform all other are prescribed for him by the Common CounHe must on the first days of January, April, July, and October of each year, make out and present to the Mayor a full and complete statement of the receipts and e xpenditures of the preceding three months, which statement the Mayor must cause to be published. cil. Clerk. 4393. The City Clerk is Clerk of the Common Duties of Council; must keep the journal of their proceedings 33-VOL. II. and all records of the city; he must keep the accounts of the city, and countersign all warrants on the City Treasurer; keep a true account thereof and of the financial condition of the city, and do such other things as the Common Council may by ordinance provide. Common Wards, and number of. CHAPTER III. LEGISLATIVE POWERS. SECTION 4403. Common Council. 4404. Wards, and number of. 4405. First meeting. 4406. Quorum. 4407. May make rules, etc. 4408. Additional powers of Common Council. 4409. Street improvements, how made. 4410. To grant authority to gas and water companies. 4411. Reservations by cities. 4412. Contract for gas and water. 4413. Restrictions and conditions to be imposed. 4414. Ordinance, how vetoed, and how passed over veto. 4403. The Common Council consists of not less than three citizens of the city, elected one from each of the wards. The Mayor is the presiding officer thereof. 4404. The Common Council has power to divide the city into a convenient number of wards, fix the boundaries thereto, and may change the same from time to time as they see fit, having regard to the number of white male inhabitants, so that each ward contains as near as may be the same number of inhabitants. The number of wards of any city must not exceed the number of Councilmen to which the city is entitled; and when a city has been so divided the Councilmen must be elected from the several wards respectively, according to the number of inhabitants. NOTE.-Stats. 1850, p. 87, Sec. 9. meeting. 4405. The members of the Common Council must First assemble within five days after their election, and choose some suitable person as Clerk. In case of the absence of the Mayor they may elect a President pro tempore, who has all the powers and must perform all the duties of President. They must, by ordinance, fix the times and places of holding their stated meetings, and may be convened by the Mayor at any time. NOTE.-Stats. 1850, p. 87, Sec. 10. 4406. A majority of the members of the Common Quorum. Council constitutes a quorum to do business; but a less number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the Council may, by ordinance, prescribe. NOTE.-Stats. 1850, p. 87, Sec. 10. rules, etc. 4407. The Common Council is the judge of the May make qualification, elections, and returns of their own members and the other officers elected under the provisions of this Title. They may determine contested elections; they may provide rules for their own proceedings, punish any member or other person for disorderly conduct in their presence, and, with the concurrence of two thirds of their number, expel any member, but not a second time for the same cause; they must keep a journal of their proceedings, and at the desire of any member must cause the yeas and nays to be taken and entered on any question; and their proceedings must be public. 4408. The Common Council has power: 1. To create the offices of City Clerk, City Attorney, Additional and Collector, and such other offices as may Common Assessor, be necessary, and prescribe their duties and fix their compensation. NOTE.-Stats. 1850, p. 87, Sec. 29. powers of Council. Same. 2. To establish and fix the salaries of the Mayor, Police Judge, and other city officers, and also fix a tariff of fees for the officers entitled to such, designating the fees allowed for each particular item of service, and cause the same to be published in like manner with the ordinances passed by the Common Council. NOTE.-Stats. 1850, p. 87, Sec. 20. 3. To manage the finances and property of the city. 4. To regulate the streets, wharves, piers, and chutes in the city, and the use thereof. 5. To establish or authorize slaughter houses and markets, and regulate the same. 6. To provide for lighting, watering, and cleaning the city, and protecting it against fire. 7. To license and regulate hacks, cabs, carts, omnibuses, railway cars, and all other vehicles, butchers, porters, pawnbrokers, peddlers, showmen, and junk shop keepers, theaters, and all other places of public amusement. 8. To provide for licensing any or all business not prohibited by law, and fix the amount of license tax for the same. 9. To regulate the keeping and use of animals, and the keeping and use of gunpowder and other dangerous substances. 10. To suppress gaming, gambling houses, and other disorderly houses, nuisances of every description, and all kinds of vice and immorality. 11. To prohibit the burial of the dead within the city, except at such places and in such manner as the Common Council may determine. 12. To establish and regulate a Police Department. 13. To establish and regulate a Fire Department. 14. To impose penalties for the violation of ordinances; but no single penalty must exceed a fine of |