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Surrogate's salary, how fixed.

Compensa

tion of special county judge and

special sur

rogate.

Fees of office.

Fees of office.

§ 940. Except where otherwise specially provided, the salary of the surrogate is to be fixed by the board of supervisors, and shall not be increased or diminished during his continuance in office.

§ 941. The compensation of the special county judge and of the special surrogate, for their respective services, shall be fixed by the board of supervisors.

§ 942. The officers mentioned in the preceding section shall in no case perform any official services, unless upon prepayment of the fees required for such services by the law in force on the thirty-first day of December, 1846, and upon such payment it is the duty of such officer to perform the services required. They shall pay over all sums so received, after deducting their salaries, to the treasurer of the county, on the first Monday of May and November of each year; and also render an annual account, giving each item of fees received, verified by their affidavit, to the board of supervisors at their annual meeting.

§ 943. The fees of office which any public officer is required to keep an account of, or pay over to the county or state treasurer, include all fees which such officer is entitled to receive for any act or duty done by him in his official capacity, whether such act or duty pertains to his office or the business thereof or not.

charges; how raised;

fund.

§ 944. The moneys necessary to defray the coun- County ty charges of each county shall be levied on the contingent taxable property in the several towns in such county, in the manner prescribed in the "Fiscal Laws." And in order to enable the county treasurer to pay such contingent expenses as may become payable from time to time, the board of supervisors shall annually cause such sum to be raised in advance, in their county, as they deem necessary for the purpose.

CHAPTER V.

DIVISION OR ALTERATION OF BOUNDS OF COUNTIES.

SECTION 945. Effect on its real property.

946. Personal property and debts.

From 1 R. S., 674, §§ 5 to 7.

Effect on its

real pro

§ 945. When a county is divided, or the boundary is altered, real property belonging to it perty. becomes the property of the county within whose limits it lies after the change.

property

and debts.

§ 946. The personal property and debts of such Personal county shall be apportioned between the counties interested, by the supervisors and county treasurers thereof, as to a majority of them seems just; and the debts shall be charged on each county according to the apportionment.

TITLE III.

THE GOVERNMENT OF CITIES.

CHAPTER I. Cities as bodies corporate.

II. City officers.

III. Actions against cities.

General powers.

Distribution of powers.

CHAPTER I.

CITIES AS BODIES CORPORATE.

SECTION 947. General powers.

948. Distribution of powers.

§ 947. Every city is a body politic and corporate, with the general powers of corporations. and the powers specified or necessarily implied in this title or in special laws, and no others.

§ 948. A city has no judicial power; its only political power is legislative and executive. Its legislative power is vested in a common council; its executive power in a mayor and his subordinate officers.

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§ 949. Every city shall be divided into wards, the number and boundaries of which shall be fixed by the common council thereof within the year next after each census of this state, taken under the authority of the state or of the United States. They shall consist of contiguous territory, and shall be as nearly equal in population as in the judgment of the common council may be practicable. But the ordinance which establishes or alters the wards shall not take effect till the close of the next session of the legislature thereafter.

Wards.

council.

§ 950. The legislative power of each city shall Common be vested in a board of aldermen and a board of councilmen, who, together, shall form the common council thereof.

office.

§ 951. The term of office of the mayor shall be Terms of three years; of the aldermen, two years; of the

councilmen, one year.

But the aldermen first

Election of aldermen.

Time of city election.

Powers of

common council.

elected, after a new arrangement of the boards, shall, at their first meeting, divide themselves by lot into two classes, equal in number if the whole number can be equally divided; and if not, then the second class shall have one more than the first. The first class shall go out of office at the end of the first year.

§ 952. One alderman shall be elected for the first and second wards; another for the third and fourth, and so on, one for every two wards, if the whole number of wards can be equally divided; and if not, then for the last ward there shall be one alderman. One councilman shall be elected

for each ward.

§ 953. The elections for such municipal officers as may be elective shall take place on the first Tuesday of December in each year.

§ 954. The common council shall have power:

1. To establish executive departments, and other offices subordinate to the mayor, and prescribe their respective duties;

2. To manage the finances and property of the city;

3. To regulate the streets, wharves, piers and slips in the city, and the use thereof;

4. To establish or authorize slaughter-houses and markets, and regulate the same;

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