286 ARTICLE 1A.

now due, or that may hereafter become due, shall be liable for any and all
branches of duty touching the same, as are the state and county officials,
in regard to like services and acts, and may be proceeded against, crimi-
nally and civilly, in the same way.

1922, ch. 96, sec. 45.

45. The Mayor and City Council shall have the power to remove any
officer for incompetency, inefficiency, corruption, malconduct, malfeasance
or nonfeasance in office, or such other causes as may be prescribed by
ordinance, after due notice in writing, and opportunity to be heard in his
defense, under the rules and regulations hereinafter set forth. That
whenever charges are preferred in writing under oath, and filed with the
Mayor, by any person, against such officer, for any or all of the offenses
named or provided for as above, it shall be his duty to have the accused
duly served with a copy of such charges, and shall set a day to inquire
into the truth of such charges, and shall notify the accused and any other
members of said City Council, and the witnesses for and against the
accused, to be present, and the said Mayor and City Council shall consti-
tute a court to try and determine said case, and are hereby invested with
exclusive jurisdiction to hear and determine said charges, and may con-
tinue the investigation from day to day, upon proper showing, to enable
the accused or prosecutor to get material evidence before said City Coun-
cil. The accused shall have the right to be heard in person or by counsel,
and the said Mayor and City Council shall likewise be represented by
counsel, if they desire it. Upon the conclusion of the investigation and
argument of the cause a vote shall be taken on each charge and specifica-
tion, and if a majority of all the members of the said Mayor and City
Council vote to sustain either of the charges against the accused, said
Mayor and City Council shall enter, or cause to be entered, its judgment,
in which shall be recorded the vote of each member of the City Council
upon the several charges and specifications, and an order shall be entered
removing the accused from his office, and declaring the same vacant, but
if the vote is otherwise, the accused shall be declared "not guilty" and
judgment entered accordingly.

1922, ch. 96, sec. 46.

46. The preceding section shall not apply to any officers of the City of
Cumberland who are subject to Civil Service rules as set out in Section
37 of this Article, except the Chief of the Fire Department and the Chief
of Police, both of whom shall be subject to the provisions of the preceding
section.

1922, ch. 96, sec. 47.

47. The City Council shall have power to pass all such ordinances not
contrary to the Constitution and Laws of this State, as it may deem
necessary,

For the good government of the city.