Manner of conducting

tions.

ings may be called by any two members of said council at such time and place as they may designate by written or printed notices, to be served personally on the members of said council, or left at their residences.

7. And be it enacted, That the city election shall be held, annnal elec by ballot, on the third Monday of April next, and on the third Monday of April in every succeeding year thereafter, between the hours of nine o'clock in the morning and six o'clock in the evening, at such place in each ward as the common council shall appoint, of which places the said council shall cause notices to be published in one or more newspapers printed and circulated in the city, and by notices, either printed or written, signed by the clerks of the several wards, and set up in three of the most public places in each of the wards of said city, at least one week before the day of election. All persons who are or may be qualified to vote at town meetings shall be entitled to vote at such elections in the ward in which they shall actually reside at the time of such election. The name of such elector voting at such elections shall be written in a poll list, to be kept at such elections by the clerk of each ward. After the poll shall be closed, the judges of election in each ward shall count the votes given for the several candidates, and certify who are elected to the respective offices, under their hands, and deliver the same to the ward clerk, who shall, within three days after such election, deliver the same to the city clerk, who shall lay the same before the common council at their first annual meeting thereafter, and the said council shall, at said meeting, in a public manner, proceed to canvass the number of votes given for the respective candidates, and the persons having the highest number of votes shall be declared elected; the original certificates of the officers of the several wards shall be filed by the city clerk in his office; the result of said canvass by the said council shall be recorded in the book of minutes of the said council, and a certificate thereof shall be filed by the city clerk, and the persons so declared elected to the offices for which they have been voted for respectively, shall enter into and

continue in office, as is herein before in that behalf provided; provided, however, that the first election for such officers, to Proviso. be held on the third Monday of April next, shall be held in the first ward, by and under the direction of Joel Clarkson, Francis La Baw, and Stephen Jackson, residents of said city, or a majority, or the survivor of them; in the second ward, by and under the direction of Jeremiah O. Tunison, William Gibby, and Enoch M. Ayres, residents of said city, or a majority, or the survivor of them; in the third ward, by and under the direction of Jacob L. Woodruff, Henry Platner, and James McKelvey, residents of said city, or a majority, or the survivor of them; and in the fourth ward, by John Woodruff, Augustus Coddington, and Charles C. Hoff, residents of said city, or a majority, or the survivor of them, who are hereby appointed commissioners for that purpose, and who, or a majority, or a survivor of whom shall, for their respective wards, designate the place in their respective wards for holding such election, and give such notice thereof as is before prescribed by this section, said notices to be signed by said commissioners. The said commissioners, in each ward, are hereby authorized to appoint some proper person clerk of such election, and they and said clerks, so by them appointed, shall conduct such election, and certify the result in all respects as herein prescribed by the regulation of subsequent elections so far as may be.

how sup

8. And be it enacted, That in case of death, resignation, Vacancies, inability, disqualification, removal from office, neglect or plied. refusal to act, or removal out of the city, of any of the officers thereof, or, in the case of a ward office, in case of removal out of the ward for which he was elected, it shall be lawful for the common council to appoint others in their stead until the next regular election, or, in the case of appointed officers, until the regular period for appointment, who shall during the said time perform the like services, be entitled to the same fees and be subject to the same responsibilities, as though elected at the annual election or appointed at the regular time.

Officers to take oath.

Duties and powers of mayor.

Duties and

powers of city clerk.

9. And be it enacted, That every person elected or appointed to any office, in pursuance of this act or of any law or ordinance of the common council, shall, before he enters upon the duties of such office, take and subscribe, before any person residing within the limits of said city authorized to administer oaths or affirmations, an oath or affirmation faithfully and impartially to execute the duties of his office according to the best of his knowledge, skill, and ability; all such oaths or affirmations shall be filed by the city clerk, in his office, and there preserved; the treasurer, assessor, collector of taxes, collector of arrears of taxes, and constables, shall also, before entering upon their duties, each give bond to the said mayor and common council in such sum and with such sureties as the common council may direct and approve, conditioned for the faithful performance of the duties of their respective offices: and if any person shall neglect to take such oath or give such security as may be required of him, as aforesaid, for twenty days after notice of his election or appointment, he shall be considered as having declined such office, and the same shall be deemed vacant.

10. And be it enacted, That it shall be the duty of the mayor to see that the laws of the state and the ordinances of the city are faithfully executed therein, and to recommend to the common council such measures as he may deem necessary or expedient for the welfare of the city; as the head of the police of the city, he shall maintain peace and good order therein, and shall have power to suppress all riots and tumultuous assemblies, and to arrest, or cause to be arrested, without process or warrant, all persons violating, or whom he has reason to believe have violated, the laws of the state or ordinances of the city, and to bring, or cause them to be brought, before the proper magistrate, to be dealt with according to law; he shall have the control of the day and night police, and the power to call upon the citizens for aid in all cases of riot or disturbance in said city.

11. And be it enacted, That the city clerk, in addition to other duties in this act required of him, shall have charge

of all the records, books, papers, and documents of the city, countersign all licenses signed by the mayor, and keep the record of the proceedings of the common council; he shall engross all the ordinances of the common council in a book to be provided for that purpose, with proper indices, which book shall be deemed a public record of such ordinances, and each ordinance shall be signed, in said book, by the mayor or acting mayor and said clerk; copies of all papers, duly filed in his office, and transcripts thereof, and of the records and proceedings of the common council, and copies of the laws or ordinances of the said city, certified by him, under the corporate seal, shall be evidence in all courts and places; he shall also receive and pay over to the treasurer all moneys which by any law or usage may be paid to the clerk of the city.

powers of

12. And be it enacted, That the treasurer shall receive, Duties and safely keep, and disburse, under the direction of the com- treasurer. mon council, all moneys belonging to or under the control of the city; he shall also keep an accurate account of all receipts and payments, and make returns thereof at such times and in such manner as the common council shall direct; no money shall be paid out of the treasury except on warrants, signed by the mayor or acting mayor, and countersigned by the city clerk; no warrant shall be drawn on the treasurer by said officers, except in pursuance of an order of the common council passed at a stated meeting of the board, and entered in their minutes; all such warrants shall be numbered and made payable to the order of the person or persons entitled to receive the same, and shall specify for what purpose the amount therein mentioned is directed to be paid; the city clerk, before he delivers any warrant, shall enter in the margin of a book, to be provided for that purpose, to be called "the warrant book," opposite to said warrant, the number, date, and amount of the same, the date of the order or resolution authorizing it to be drawn, the purposes for which it was ordered, and the name of the person or persons to whose order the same is

Duties and powers of officers of election.

Duties and powers of commissioners of appeal.

Members of council may arrest offenders.

Qualification for office.

Common council may

made payable, and to take his or their receipt in said book, for the said warrant, at the end of said marginal entry.

13. And be it enacted, That the judges and clerks of election, assessor, and collector of taxes, shall respectively possess the powers and perform the duties, be entitled to receive the same fees and emoluments, and be liable to the same penalties of the like officer of the several townships of the state, as far as such powers and duties shall be consistent with this act.

14. And be it enacted, That the commissioners of appeal shall have the same powers, perform the same duties, be entitled to like compensation, and subject to the same penalties that commissioners of appeal in the several townships of the state now have or hereafter may have and be subject to; they shall also have power to examine the person or persons appealing in cases of taxation, under oath, as to the valuation or amount of the property assessed against them respectively, and it shall be their duty to receive the oath of any person appealing when offered relative thereto.

15. And be it enacted, That every member of the common council shall have power, and it shall be his duty, without warrant, to arrest or cause to be arrested, any person engaged in his presence in disturbing the public peace or violating any law of the state or ordinance of the city for the preservation thereof, or of good order or morality, and to bring or cause such person to be brought before the proper magistrate, to be dealt with according to law.

16. And be it enacted, That the several officers hereinbefore enumerated shall, at the time of their election, be electors in said city, have attained the age of twenty-five years, and have been resident within the limits of said city for at least two successive years immediately previous to their election; and all ward officers shall, in addition to the above qualifications, at the time of their election, be resident in the respective wards for which they shall be elected.

17. And be it enacted, That the said common council shall