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, Disturb or 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; Apprentiand 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 difficulty 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.)

Upon these and perhaps other duties which belong properly to the functions of a justice of the peace, I have not thought it necessary to enlarge further in this place. Some of them are more specifically detailed hereafter, when treating of the duties of the Aldermen as justices of the peace. Such duties will more naturally devolve upon them than upon the Mayor, and especially do they appertain to the special justices in their police offices. Those justices are instituted and organized for the very purpose. They have select constables and marshals to attend them during their pleasure, daily, at the police office, and to execute their orders, and I do not consider that either the Mayor or Aldermen are required to attend to such duties, unless in special cases, and according to their sound discretion.

[2.] The Mayor is one of the judges of the courts of Special Sessions of the Peace. That court consists Special Sessions of of three persons, viz: the Mayor and two Aldermen, the Peace. or the Mayor, Recorder, and one Alderman, or the May

or, Recorder and first judge of the Court of Common Pleas, or the Recorder and two Aldermen, or the Recorder, first judge and one Alderman, or the first judge and two Aldermen. (R. S. Vol. 2, 223, Sec. 1.) But as the Recorder is specially charged with the duty of presiding therein, except when actually engaged in the Court of General Sessions, (R. S. Vol. 2, 715, Sec. 24.) the Mayor need not attend except on special occasions, when his presence may become necessary. It cannot be considered as a breach of his ordinary duty. The Common Council are to designate, from time to time, the Aldermen to assist in such courts. (Ibid.)

[3.] The Mayor is authorised in conjunction with two Aldermen, or with the Recorder and one Alderman, or with the Recorder and the first judge, or the associate judge of the Court of Common Pleas, or with the

Sessions of

first judge and one Alderman, or with the associate General judge and one Alderman, to hold courts of General the Peace. Sessions of the Peace in and for the city. (R. S. Vol. 2, 216, Sec. 27, Act of 1834, ch. 94.) But as it is made the special duty of the Recorder to hold such courts in conjunction with two others of the magistrates above mentioned; and as it is made the duty of two of the Aldermen to attend as judges of the said court, when notified or required for that purpose by the mayor or Recorder, (R. S. Vol. 2, 216. 217, Sec. 28. 30.) it is not deemed to be the duty of the Mayor to attend those courts, unless some unexpected exigency should render it necessary for him to preside. (Vide Supra. p. 69, and note R. R.)

Court of

[4.] He is a judge of the Court of Common Pleas. The court may be held either by the first or the associate judge, or the Mayor or Recorder alone, or in connection with one or more of the aldermen, who are de- Common clared to be judges of that court. It is made the spe- Pleas. cial duty of the first judge to hold the court; (R. S. vol. 2. 215, sec. 22. 23.) and though the injunction has not been expressly applied to the associate judge whose office was since created, and who is declared to have the same power with the first judge to hold the court, yet it impliedly extends to him. (Act of April 11th, 1834, ch. 94.) Under these provisions it cannot be deemed the ordinary duty of the Mayor to attend this court as a judge. Nothing short of some extraordinary occasion would render it the duty either of the Mayor, or Recorder, or any of the Aldermen to attend as judge. (See note 41, p. 72, S. S.) Not so with the associate judge. His duty would seem to be concurrent with that of the first judge, for his office was created specially for that court, and with equal powers as the first judge in reference to it.

[5.] The Mayor is authorized to act as one of the

judges of the courts of Oyer and Terminer, and Courts of Gaol Delivery, in and for the city and county. (R. S. Oyer and Terminer. vol. 2, 204, sec. 28.) But as these courts may be held

To en

force the city laws.

by one of the justices of the supreme court, or by one of the circuit judges, or by the first judge of the court of common pleas, together with the Mayor, Recorder, and Aldermen of the city, or with any two of them, it cannot be considered as a special duty of the Mayor to attend, considering the other multifarious and complex duties which appertain to his office, unless special circumstances should render his attendance a matter of evident and paramount obligation. (vide supra, p. 70, note 40, R. R.)

III. Of his executive powers and duties.

(1.) The Mayor is to be vigilant and active in causing the laws and ordinances for the government of the city to be duly executed and enforced. (Act of April 7th, 1830, ch. 122, sec. 17. Supre, p. 103.

(2.) He is to exercise a constant supervision and control over the conduct and acts of all subordinate officers, and to receive and examine into all such comControl of plaints as may be preferred against any of them for ate officers violation or neglect of duty; and generally to perform

subordin

sor.

all such duties as may be prescribed to him by the charter and city ordinances, and the laws of this State. and of the United States. (Ibid.)

(3.) The Mayor, together with the Recorder and Aldermen, are Supervisors of the city and county, with Supervi- all the powers and duties attached to that office by the laws of the State, and it is essential that either the Mayor or Recorder be present at each meeting of the board. (R. S. vol. 1, 368, sec. 17. Act of April 9th, 1813, ch. 86, sec. 150. Act of April 6, 1825, ch. 83, sec. 1. 2.) A view of the general. duties of the board

of Supervisors, is reserved until we come to treat of the executive duties of the Aldermen.

sioner of

(4.) The Mayor, together with the Alderman and Assistant of each ward, are Commissioners of Ex- Commiscise for the ward. Their duties are prescribed by the Excise. acts of April 10th, 1824, ch. 215, and of April 16th, 1825, ch. 196; and these acts were not included in the revised statutes, and are still in force. The more particular statute provisions on that subject, are stated hereafter under the head of the executive duties of the Aldermen.

ap

(5.) The Mayor was authorized by the charter to appoint and license, at discretion, marshals, porters, To carriers, cartmen, carmen, packers, cullers, common point marshals, cartcryers, and scavengers. (Charter, sec. 24, note 38, men, &c. P. P. vide supra, p. 66.) This power appears to reside still in the Mayor, where the charter had placed it, but under some restrictions. Thus, the number of marshals is not to exceed 100. (Act of March 26th, 1832, ch. 58, sec. 3.) It is likewise declared that there shall not be less than eight, nor more than ten cullers of staves and heading, in the city; (R. S. vol. 1, 99.) and if they be the cullers alluded to in the charter, as I presume they are, then they are no longer appointed by the Mayor, but by the Governor and Senate; and before the amended constitution of 1821, they were appointed by the Council of Appointment. (Act of March 26th, 1813, ch. 36. R. S. vol. 1, 116. sec. 4.)

diseases.

(6.) He is authorized to call upon any practitioner of physic in the city, and require his opinion in writing, as to the existence of any infectious or contagious Infectious disease in the city. If he deems the opinion to warrant it, he may, when required, deliver certificates of health to the masters of vessels. (Act of April 9th, 1813, ch. 86, sec. 262.) He may also, in cases of pes