Boundaries.

Wards.

and limits shall constitute the City of Saint Paul: Beginning at a point on the Mississippi river where the lines of Sections four (4) and (5) intersects said river; thence north on said line to Township line of Township twenty-eight, (28) Range twenty-two (22); thence north on the Section line to the quarter section post lines of Sections thirty-two (32) and thirty three (33); thence west twenty (20) chains, thence north forty (40) chains to the lines of Sections twenty-nine (29) and thirty-two (32); thence west on said Section line to Township line of Township twenty-nine (29), Range twenty-two (22) and twenty-three (23); thence south on said Township line to the quarter section post; thence west twenty (20) chains; thence south forty (40) chains to the south line of Township twenty-nine (29), Range twenty-three (23); thence west sixty (60) chains to the Section corner of Section one (1) and Section two (2), of Township twenty-eight (28), Range twenty-three (23); thence south to the south-west corner of Section one (1); thence south to the Mississippi river: thence down the middle of said river, including the islands, to the place or point of beginning.

SEC. 3. The said City shall be divided into three Wards, as follows: All that part of said district which lies east of the middle of Jackson street and its extension north west to the line of the city, shall be the First Ward; and all that part of said district which lies west of the middle of Jackson street and its extension to the north line of the City, and east of the middle of Saint Peter's street and its extension north-west to the north line of the City, shall be the Second Ward; and the residue of said City, shall be the Third Ward.

Annual election of Officers.

Elective Offcers of the city.

CHAPTER II.

Elections.

SEC. 1. The annual election for Ward and City Officers shall be held on the first Tuesday of each year, at such place in each Ward as the Common Council shall designate, and the polls shall be kept open from nine o'clock in the forenoon till five in the afternoon, and ten days previous notice shall be given by the Common Council, of the time and place of holding such elections and the City and Ward Officers to be elected.

SEC. 2. The elective officers of said City shall be. A Mayor, Treasurer, Marshal, and Justice of the Peace for the City, and three Aldermen, one Assessor, one Constable, and one Justice of the Peace, for each Ward, said Aldermen, Assessors, Constables and Justices ofthe Peace, shall be residents and voters in the Ward for which they may be elected. All other officers necessary for the proper management of the affairs of said City shall be appointDuration of term. ed by the Common Council. All elective officers, except Justices of the Peace, shall, unless otherwise provided, hold their respective offices for one year, and until their successors are elected and qualified Provided, however, The Common Council shall have power, for due cause, to expel any of their own number, and to remove from office any officer or agent under the City Government, due notice being first given to the officer complained of. Justices of the Peace shall hold their respective offices for two years and until their successors are elected and qualified.

Proviso.

Vacancy.

:

SEC. 3. Whenever a vacancy shall occur in the office of Mayor or Aldermen, such vacancy shall be filled by a new election, which

shall be ordered and held within ten days after such vacancy shall How filled. occur. Any vacancy happening in any other office, shall be filled by the Common Council. The person elected or appointed to fill a vacancy, shall hold his office and discharge the duties thereof for the unexpired term, and with the same rights and subject to the same liabilities as the person whose office he may be elected or appointed to fill.

SEC. 4. All elections by the people, shall be by ballot, and a plurality of votes shall constitute an election. When two or more candidates for an elective office shall receive an equal number of votes for the same office, the election shall be determined by the casting of lots, in the presence of the Common Council, at such time and in such manner as they shall direct.

SEC. 5. All persons entitled to vote for County or Territorial officers, and who shall have resided in the City for one year preceding the election, and for ten days within the Ward where they offer to vote, shall be entitled to vote for any officer to be elected under this law, and to hold any office hereby created.

SEC. 6. The elections in said City shall be held and conducted by the Aldermen of each Ward, who shall be inspectors of elections, and shall take the usual oaths or affirmations, as prescrihed by the general laws of this Territory, to be taken by the Judges and Inspectors of Elections, and shall have the power to appoint clerks of such elections, and to administer the necessary oaths. Said elections shall be held and conducted in the same manner and under the same penalties, and vacancies in the Board of Inspectors thereof filled, as required by the laws of this Territory regarding elections.

Elections by Ballot.

Persons entitled to vote.

Elections, how conducted.

Suspected per

sons shall take oath.

SEC. 7. If either of the inspectors shall suspect that any person offering to vote, does not possess the qualifications of an elector, the inspector, before receiving the vote of any such, shall require him to take the following oath: "You do solemnly swear (or affirm, as the case may be,) that you are twenty-one years of age, that you are a citizen of the United States, (or have declared your intention to become a citizen, conformably to the laws of the United States, on the subject of naturalization,) that you have resided within this city one year, and within this ward ten days next prece Form of Oath. ding this election, and that you have not voted at this election, and that you have made no bet or wager, or become directly or indirectly interested in any bet or wager, depending on the result of this election," and if the person offering to vote shall take such oath, his vote shall be received.

False oath,

perjury.

Penalties unqualified

And if such person shall take such oath falsely, he shall be deemed guilty of a wilful and corrupt perjury, and upon conviction thereof, upon indictment, shall suffer the punishment provided by law, for persons guilty of perjury. If any person, who is not a qualified voter, shall vote at any election, or if any person duly ing. qualified shall vote in any other ward than the one in which he resides, or shall vote more than once at any one election, he shall be liable to indictment, and on conviction thereof, shall forfeit and pay a sum not exceeding one hundred dollars, or less than twenty-five dollars. It shall be the duty of the inspectors to keep a list of the names of all persons whose votes may be challenged as aforesaid, and who shall swear in their votes; and if any inspector shall knowingly and corruptly receive the vote of any person not authorised to vote, or shall make out false returns of an election, or any clerk shall not write down the name of every voter as he votes, or shall

for vot

Inspectors to keep list.

Penalty false returns.

for wilfully make untrue and incorrect count and tallies of votes, each and every such inspector and clerk shall be liable to indictment, and on conviction thereof, shall severally forfeit and pay a sum not exceeding five hundred dollars, nor less than one hundred dollars. All such indictments shall be tried in the District Court of the County of Ramsey.

Returns made to clerk.

SEC. 8. When an election shall be closed, and the number of votes for each candidate or person voted for, shall be counted and ascertained, the said inspectors shall make returns thereof, stating the number of votes for each person, for each and every office, and shall deliver, or cause to be delivered, such returns to the clerk of the Common Council, who shall forthwith give notice to each of the Clerk to give Aldermen, of their respective elections. Within one week after any election, the Common Council shall meet and canvass said returns, and declare the result, as it appears from the same.

notice.

Special elections.

vacate office.

SEC. 9.

Special elections, to fill vacancies, or for any other purpose, shall be held and conducted by the aldermen of each ward, in the same manner, and the returns thereof shall be made in the same form and manner as general or annual elections, and within such time as may be prescribed by ordinance.

SEC. 10. Any officer removing from the city, or any ward officer What shall removing from the ward for which he was elected, or any officer who shall neglect or refuse for ten days after notice of his election or appointment, to enter upon the discharge of the duties of his office, shall be deemed to have vacated his office, and the Common Council shall proceed to fill such vacancy, as herein prescribed

First election.

Subsequent.

Separate ballot

boxes.

Style of ballots.

Town officers

cessors elected.

SEC. 11. There shall be elected at the first election under this act, one alderman for each ward, who shall hold his office for two years, and two aldermen who shall their offices for one year.

SEC. 12. At every annual election thereafter, there shall be elected one Alderman for each ward, who shall hold his office for two years, and one who shall hold his office for one year.

SEC. 13. The votes for alderman who shall hold his office for two years, shall be deposited in a separate ballot box; and the votes for alderman holding their office for one year, and all other elective officers shall be on one ballot, and deposited in a separate ballot box.

SEC. 14. There shall be written or printed, or partly written or printed, at the head of the votes for the alderman for two years, the words "Alderman for two years," and at the head of the vote for alderman for one year, "Alderman for one year.”

SEC. 15. All the town officers now in office, shall hold their to hold until suc- respective offices until their successors shall be elected or appointed under this act; and the term of every officer elected under this law, shall commence on the second Tuesday of April, of the year for which he was elected; and shall, unless therein otherwise provided, continue for one year, and until his successor is elected and qualified.

First election, when held.

SEC. 16. The first election for city officers shall be held on the 1st Tuesday of April next, at which time an election shall be held in each ward, as designated in chapter 1, sec. 3, of this act, and at such place as may be designated by the President and trustees of the town of St. Paul, and be conducted by three inspectors or a majority of them, who shall be chosen by the voters at the polls of election before said polls are opened; and shall make due return to the clerk of said Board of Trustees: and all elections thereafter shall be held annually on the first Tuesday of April, at such place

in each ward as shall be designated by the Mayor and Common Council.

SEC. 17. At the first election the electors in their respective wards shall vote for one Mayor, one Treasurer, one Marshal, one Justice of the Peace for the city, and three Aldermen, one Assessor and one Constable, and one Justice of the Peace for the ward wherein such elector may vote.

SEC. 18. Should there be a failure by the people to elect any officer herein required to be elected, on the day designated, the Common Council may order a new election to be held, ten day's notice of the time and place of holding the election being first given.

Officers to be elected.

Failure to elect.

CHAPTER III.

Officers-Their Powers and Duties.

Officers to take

SEC. 1. Every person elected or appointed to any office under this act, shall before he enters upon the duties of his office, take oath. and subscribe an oath of office, and file the same duly certified by the officer taking the same, with the clerk of the city; and the treasurer, clerk, marshal, constables, and such other officers as the Common Council may direct, shall severally, before they enter upon the duties of their respective offices, execute to the city of St. Paul a bond, with at least two sureties, who shall swear that they are worth the penalty specified in said bond, over and above all Execute bond. debts, exemptions, or liabilities, and said bonds shall contain such conditions as the Common Council may deem proper; and they may from time to time, require new or additional bonds, and remove from office any officer refusing or neglecting to give the same.

SEC. 2. The Mayor shall when present preside over the meetings of the Common Council, and take care that the laws of the Territory and the ordinances of the city are duly observed and enforced, and that all other executive officers of the city discharge their respective dues. He shall from time to time give the Common Council such information and recommend such measures as he may deem advantageous to the city. The Mayor shall be the chief executive officer and head of the police of the city; and in case of a riot, or other disturbance, he may appoint as many special or temporary constables as he may deem necessary. The Mayor shall have a vote only in case of a tie.

preside over meeMayor shall tings, be chief ex

ecutive

&c.

officer,

President-his

SEC. 3. At the first meeting of the Common Council in each year they shall proceed to elect, by ballot one of their number Pres- duties. ident; and in the absence of the Mayor the said President shall preside over the meetings of the Common Council; and during the absence of the Mayor from the city, or his inability, from any reason, to discharge the duties of his office, the said President shall exercise all the powers and discharge all the duties of the Mayor. In case the Mayor and the President shall be absent at any meeting of the Common Council, they shall proceed to elect a temporary presiding officer, who, for the time being, shall discharge all the duties of the Mayor. The President or temporary presiding officer while presiding over the Board, or performing the duties of Mayor, shall be styled acting Mayor, and acts performed by him shall have the same force and validity as if performed by the Mayor.

Clerk-how e

ers and duties.

SEC. 4. The clerk shall be elected by ballot by the Common lected his pow- Council; he shall keep the corporate seal and all the papers and records of the city; and keep a record of the proceedings of the Common Council, at whose meetings it shall be his duty to attend; and copies of all papers filed in his office, and transcripts from the records of the Common Council, certified by him under the corporate seal, shall be evidence in all courts, in like manner at if the original were produced; he shall draw and countersign all orders on the Treasury, in pursuance of any order or resolution of the Common Council, and keep a full and accurate account thereof, in books provided for that purpose. The clerk shall have power and authority

City Attorney.

City Treasurer.

Marshal.

Common Coun

cil may prescribe other duties, and appoint other offi

cers.

City Printers.

Duty of Printers.

Officer shall de

to administer oaths or affirmations.

committees.

SEC. 5. The Common Council shall have power to elect an Attorney for the city, who shall perform all professional services incident to the office, and when required, shall furnish written opinions upon any subject submitted to him by the Common Council, or its SEC. 6. The Treasurer shall receive all monies belonging to the city, and keep an accurate and detailed account thereof, in such manner as the Common Council shall from time to time direct. The Treasurer shall exhibit to the Common Council, at least fifteen days before the annual election, or sooner, if required by them, a full and detailed account of all the receipts and expenditures after the date of the last annual report, and also of the state of the Treasury, which account shall be filed with the clerk.

SEC. 7. The marshal shall perform such duties as shall be prescribed by the Common Council for the preservation of the public peace and the collection of license moneys and fines; he shall possess the powers of constable at common law, or by the laws of this Territory, and receive like fees, but shall not serve civil process, except where the city is a party.

SEC. 8. The Common Council shall have power from time to time to require other and further duties to be performed by any officer whose duties are herein prescribed; and to appoint such other officers as may be necessary to carry into effect the provisions of this act, and to prescribe their duties and to fix the compensation of all officers elected or appointed by them; such compensation shall be fixed by resolution at the time the oflice is created, or at the commencement of the year; and shall not be increased or diminished during the term such officer shall remain in office.

SEC. 9. The Common Council at their first meeting in each year, or as soon thereafter as may be, shall designate not more than two newspapers printed in said City, one in English and one in German, in which shall be published all ordinances and other proceedings and matters required by this act, or by the by-laws or ordinances of the Common Council, to be published in a public

newspaper.

SEC. 10 The City Printer or Printers, immediately after the publication of any notice, ordinance or resolution, which by this act is required to be published, shall file with the Clerk of the City, a copy of such publication, with his or their affidavit or the affidavit of his or their foreman, of the length of time the same has been published, and such affidavit shall be conclusive evidence of the publication of such notice, ordinance, or resolution.

SEC. 11.

If any person, having been an officer in said City, liver books, &c. shall not, within ten days after notification and request, deliver to his successor in office all property, books, papers and effects, of

to successor.