Keeping of records.

Board to

have control of charities and corrections.

Appointment

of poormaster, etc.

Continuance

of present incumbents.

in the same manner as the salaries of other city officials are paid, and the said clerk shall first take and subscribe an oath of office, before some person authorized to administer oaths, faithfully and impartially to perform his duties, and he shall enter into bond in such city in such sum as the said board may direct, to be approved of in the same manner as the bonds of the said commissioners, and the said bond shall be filed in the office of the comptroller of such city. It shall be the duty of such clerk to keep a correct and accurate account of all the proceedings of the said board in a book or books, which the said board is hereby authorized to provide for the purpose, and he shall perform such other duties and keep such other books, records and accounts as the said board may from time to time direct, and he shall at all times have the minutes and books of the said board open for the inspection of the mayor, board of aldermen, common council, board of finance or other governing body having charge of the finances of such city, and shall at all times give such information to the members of the Board of Fire and Police Commissioners as they shall desire.

5. The said Board of Fire and Police Commissioners. of such city be and it is hereby substituted for and invested with full power and authority to control and manage the department of charities and correction in any such city, and they shall possess all the powers and perform all the duties now performed by any board of aldermen, common council, police board or other governing body in any such city concerning and appertaining to the management and control of the said department of charities and correction. They shall also have the exclusive power to appoint the poormaster, the overseer of the poor, superintendent of outdoor relief, superintendent of indoor relief and all other officers and employes, by whatever name called, in any way connected with the relief of the poor in any such city at the expiration of the terms of the officers holding such offices when this act takes effect or becomes operative in any such city, but as to any officer now holding office in said department whose appointment by law continues

supplies.

during good behavior, the said board shall have the power of appointment of such officer for the term prescribed by law when a vacancy occurs in such office, but no such officer shall be removed except for cause and after trial therefor before said board, and shall also have the power to fill any vacancy arising in any other office for the unexpired term, and any officers appointed by the said board shall be in lieu of and substituted for the officers existing in any such city, and they shall have the same powers and perform the same duties as now provided by law of such officers in any such city, and they shall be paid in the same manner as other city officers. Said board shall also have power to buy, sell, Furnishing construct or repair such things as in their judgment they shall deem expedient and necessary for the proper management of the said department of charities and correction; they shall also have the exclusive power to relieve and pay for the relief of the poor in any workhouse or building and the expense of any such institution. Said board shall, at two specific times designated Proposals by them in each year, solicit proposals for the furnishing of supplies to the departments of in and outdoor relief for the poor, and shall in every instance award the contract to the lowest reseponsible bidder; provided, Proviso. however, that the said board shall have the right at all times to reject any and all bids if deemed by them for the interest of the city.

invited.

Exclusive

right to

sundry

officers.

6. The board appointed under this act shall have exclusive power and shall be substituted for and be vested appoint with all the powers of appointment, management and control of the board of aldermen, common council or any other governing body in any such city, by whatsoever name called, in regard to the appointment of a city physician, an assistant city physician, a city pharmacist, a city veterinary surgeon, and recorder or police justice for such city, and upon the expiration of the terms of the said officers holding such offices in any such city when this act goes into effect therein, the said board shall appoint a city physician, an assistant city physician, a city pharmacist, a city veterinary surgeon and a recorder or police justice (who shall be an attorney-at

Term of appointees.

law), and who shall be commissioned in the manner provided by law in any such city, each to hold office for a term of three years from the first day of January in the year in which they are respectively appointed, and thereafter said officers as their terms expire shall each be appointed for a term of three years and to hold their offices until their successors are appointed and qualified; any vacancy arising in any of the offices herein provided for shall be filled by said board for the unexpired term only; the said officers holding said offices or hereafter appointed to the same shall be invested with and shall possess all the powers and duties that are now vested in or exercised by any such officers in such cities; and after the organization of said Board of Fire and Police Commissioners, said officers shall be governed by and be subject to the rules and regulations prescribed by the said board, provided the same be not contrary to existing Compensation. law; and they shall receive the same compensation for their services as like officers are now receiving in such cities, and they shall be paid in the same manner as such officers are now paid.

How gov erned.

Existing boards abolished.

Validity of

act.

Records, etc., turned over

7. Any police board or fire board existing in any such city when this act takes effect and becomes operative therein as aforesaid, shall be and is hereby abolished from the time the Board of Fire and Police Commissioners herein provided and authorized shall be organized for the discharge of their duties.

8. In case, for any reason, any section or provision of this act shall be questioned in any court or be held to be unconstitutional or invalid, the same shall not in anywise affect any other section or provision of this act.

9. All books and papers, matters and things in the to new board. possession of any police board, board of aldermen, common council or other governing body in any such city appertaining to or used by them or either of them in the discharge of their duties in the care and management of the respective departments and offices of which the board appointed under this act shall have the management and control, shall be delivered up to the said board pursuant to the provisions of this act immediately after demand therefor.

moneys at

disposal of

new board.

10. Upon the organization of the said Board of Fire Unexpended and Police Commissioners herein provided for in any such city, all the unexpended appropriation or moneys heretofore made or received by any municipal or corporate authority of any such city or by any board of aldermen, common council, board of finance, police board or any governing body in such city and at that time under the control or in the custody of any such board for or on account of or to the credit of such board or boards, department or official, on the books of such city for the purposes of the respective departments or offices over which the said Board of Fire and Police Commissioners appointed under this act are given control and management, shall thereupon, after the said organization of said board, immediately become subject to the sole and absolute control and power and disbursesement of such Board of Fire and Police Commissioners, and shall thereafter be expended and disbursed only by authority of said board for the purposes for which said unexpended balances or appropriations or receipts were assessed, collected, received or appropriated by such city or the municipal authorities thereof, and the same shall be paid out by such city or its municipal authorities in the manner hereinabove provided for payments to be made for obligations created by this board in such city. II. The moneys received by any such city from fines and penalties for violations of the ordinances of such city, and all moneys received for licenses for the sale of liquors or licenses for any other purpose whatever, except theatre and show licenses, shall be and hereby are appropriated exclusively to the support and maintenance of the police department and the department of charities and correction, and for the payment for the other purposes or officials provided for by this act or necessary to carry out its provisions in respect to the said police. department and the department of charities and correction, and if there should be an unexpended balance from any source, the same shall be placed to the credit of the department that the board having charge of the finances of such city may designate.

12. The said Board of Fire and Police Commissioners shall have and are hereby given the power to issue sub

License fees and fines for

use of board.

Power to subpoena witnesses.

Perjury before board a misdemeanor.

pœnas, signed by the secretary of said board, or, in his absence, by one of the members thereof, to compel the attendance of witnesses, under the penalty of fifty dollars, upon any proceedings, investigations or trials had before it under the laws of this State or ordinances of such city, or by virtue of the rules and regulations of said board, and each member is hereby authorized and empowered to administer oaths or affirmations in any matter, trial or proceeding pending before said board; and any person who willfully and corruptly commits perjury in giving testimony under oath before the said board, or who shall procure or suborn any person to commit corrupt and willful perjury in giving testimony before said board, shall be deemed guilty of a high misdemeanor and shall be punishable in the same manner as is now prescribed by the statutes of this State in cases Attachment to of perjury. In case any person who has been duly served with process of subpoena, and who has been paid or tendered the fees provided by law for the attendance of witnsses, neglects or refuses to obey the command of such subpoena, it shall be lawful for the judge of the Court of Common Pleas in any county in this State, on due proof by affidavit of the service of a subpoena on such witness, and of the payment of his legal fees or of the tender of the same to him and of his refusal or neglect to obey the command of such subpoena as aforesaid, to issue an attachment against such person to bring him before the said judge or before the bar of the said court, and the said court shall have power to proceed against said witness as for contempt of said court.

issue in case

of refusal to

answer

subpœna.

Annual report.

Pay-roll.

13. The said board shall annually, in the month of April, submit a full report of the proceedings of said board to the mayor of such city, and the board having charge of the finances of such city shall set forth in said report the condition of the police department of such city and the fire department and the department of charities and correction, and other matters within their jurisdiction, which report shall be published in the same manner as the reports of other city officials and a copy thereof shall be filed in the office of the city clerk.

14. The said board shall cause to be prepared in the different departmnts over which it has control and man