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bank of the Huron river, and north of the south line of the territorial road, crossing said river on or near the line between said sections, be and the same is hereby set off from said township, and declared to be a city, by the name of the city of Ann Arbor; and the freemen of said city, from time to time being inhabitants thereof, shall be and continue to be a body corporate and politic, by the name of the “Mayor, Recorder and Aldermen of the city of Ann Arbor ;” and by that name they shall be known in law, and shall be capable of suing and being sued, and of prosecuting and defending all suits; they may have a common seal, which they may alter at pleasure, and shall be capable of purchasing, holding, conveying and disposing of real and personal estate for the use of said corporation.
SEC. 2. The said city shall be divided into six wards, as follows: The first ward shal) embrace all that portion of the city lying south of Huron street, east of Main street and the Ann Arbor and Lodi plank road, and west of State street and the Pittsfield road, or State street as continued; the second ward shall embrace all that portion of the city lying south of Huron street, and west of Main street and the Ann Arbor and Lodi plank road ; the third ward shall embrace all that portion of the city lying north of Huron street and south of the river Huron, and west of Fourth street extended to the river Huron ; the fourth ward shall embrace all that portion of the city lying north of Huron street, and of the line of Huron street as extended to the city limits, and south of the river Huron, and east of Fourth street; the fifth ward shall embrace all that
portion of the city lying north-east of Huron river; the sixth ward shall embrace all that portion of the city lying south of Huron street and the line of Huron street, as extended east of the city limits, and east of State street and the Pittsfield road, or State street as extended : Provided, That the common council may at any time alter the bounds of said wards, or any of them. The aforesaid division is made by the actual or supposed continuation of the centre line of each of said streets, in the present direction thereof, to the limits of said city.
ELECTION AND APPOINTMENT OF OFFICERS.
Sec. I. The officers for said city shall be one mayor, one recorder, one maishal, one city attorney, one city treasurer, three supervisors, one to be elected in the first and second wards, one to be elected in the third and fourth wards, and one to elected in the the fifth and sixth wards, who shall be assessors in their respective districts. Three street commissioners, one to be appointed in each supervisor district. Three collectors, one to be elected in each supervisor district. One constable to be elected in each ward. All of which officers shall hold their offices for one year, and until their successors are elected or appointed and qualified, and two aldermen to be elected in each ward, who shall respectively hold their offices for two years and until their successors are elected and qualified; four justices of the peace, who shall respectively hold their offices four years, to commence, except in case of vacancies, on the fourth day of July next after their election.
Sec. 2. The inhabitants of said city, having the qualifications of electors under the constitution and laws of this State shall, on the first Monday of April in each year, at such place in each ward as the common council shall designate, proceed to elect by plurality of votes, by ballot, from among the qualified electors of said city, one mayor, one recorder, one justice of the peace, one marshal for said city; and the qualified electors of the first and second wards shall elect one supervisor and one collector ;) and the qualified electors of the third and fourth wards shall also elect one supervisor and one collector; and the qualified electors of the fifth and sixth wards shall elect one supervisor and one collector. The qualified electors of each ward shall, at the same time and place, elect one alderman and one constable: Provided, That in each ward in which there shall, at the time of such election, be no alderman having another year to serve, there shall be two aldermen elected, one for the term of one year and one for the term of two years ;
and one alderman shall thereafter be elected annually in each ward, to hold his office for the term of two years and until his successor is elected and qualified.
Sec. 3. At all elections the two aldermen in each ward shall be the inspectors of election, in case they shall attend, and a clerk shall be appointed by the aldermen or inspectors of election, at all elections in each ward. In case the office of the aldermen shall be vacated in said ward, or in case the aldermen, or either of them, shall fail to attend to act as inspectors, the electors present may, viva voce, choose one or more inspectors of election to fill the vacancy, and such judges and clerk so chosen, before proceeding to the discharge of their duties, shall make and subscribe an oath or affirmation faithfully and impartially to discharge the duties of their respective offices at such election, which oath or affirmation may be administered by any person authorized to administer oaths. At the close of the polls, the vote shall be canvassed, and a statement thereof proclaimed by one of the inspectors, and a correct statement of the number of votes given for each person shall be made by the clerk, and signed officially by the inspectors and clerk aforesaid, and filed with the recorder. It shall be the duty of the common council to meet as soon as conveniently may be after such election, to canvass the votes cast in the respective wards, and to declare and certify the result of such canvass.
Sec. 4. It shall be the duty of the recorder, or in case of his neglect so to do, then of the mayor, to cause five days notice of every election to be given, by posting up written or printed notices thereof in three or more public places in each ward of said city : Provided, That if notice of any election shall not be given as herein required, it shall be lawful for the electors to meet at the proper time and place, and hold the election, and in case of the non-attendance or neglect of the proper officers to act, the electors present may,
choose electors to act in their places : And provided also, That if any election of officers under this act, shall not be had on the day when it ought to have been held, the said corporation shall not for that cause, be dissolved, but it shall be lawful to hold such election at any time thereafter, public notice thereof being given as provided in this act. At all elections the polls shall be opened between the hours of nine and eleven o'clock in the forenoon, and be closed at four in the afternoon. Whenever in any ward or wards in said city, there shall not be two aldermen to constitute the board of registration of such ward previous to any election, the common council shall, in time, appoint suitable freeholders, resident in such wards, and electors, temporary aldermen of such wards, who shall take the oath of office, and have all the powers of aldermen in such wards, and shall hold their offices until the close of the election and of the canvass of the voies in such wards, at the next election after such appointment, and shall, during their continuance in office, act as and be members of the board of registration of such wards, and have all the powers and perform all the duties of members of the board of registration in such wards.
Sec. 5. The inhabitants of the said city, being electors under the constitution and laws of the State of Michigan, and no others, are declared to be electors under this act, and qualified to vote at any such election; and each person offering to vote at any such election, if challenged by an elector of said city, before his vote shall be received, shall take one of the oaths or affirmations provided by the laws of this State for electors at general and special elections, for the time being, which oath or affirmation may be administered to him by either of the inspectors of election. Upon taking such oath or affirmation, if duly registered in said ward, he shall forth with be permitted to vote. In all other respects not herein provided, said election shall be conducted as near as may be in accordance with the general statute provided for township elections.
Sec. 6. It shall be the duty of the recorder as soon practicable, and within five days after any election, to notify the officers respectively of their election, who shall, within ten days after receiving such notice, take an oath or affirmation to
support the constitution of the State of Michigan, and faithfully and impartially to perform the duties of their respective offices, a certificate of which oath, made by the person administering the same, shall be filed in the office of the recorder.
Sec. 7. The officers of said city, to be appointed by the common council, shall be a treasurer, attorney, a chief engineer of the fire department and two assistants, a street commissioner for each supervisor district, and such other officers whose election is not herein specially provided for, as the common council shall deem necessary to carry into effect the powers granted by this act, and to remove the same at pleasure. The common council shall also have power to remove the marshal for any violation of this charter or the ordinances or resolutions of the common council; and in case any office in said corporation shall become vacant from any cause, the common council shall, as soon as may be, appoint an officer to fill such vacancy for the unexpired portion of the year, and all officers so appointed shall be notified and qualified as herein directed; Provided, That the common council may at any tiine order a special election to fill a vacancy in any office which is elective under this act.
Sec. S. Every office shall become vacant on the happening of either of the following events before the expiration of the term of such office : The death of the incumbent; his resignation ; his removal from office; his ceasing to be an inhabitant of the district or ward for which he shall have been elected or appointed, or within which the duties of his office are required to be discharged; his conviction of any infamous crime, or of any offense involving the violation of his oath of office; the decision of a competent tribunal declaring void his election or appointment, or his refusal or neglect to take his oath of office, or to give or renew any official bond, or to deposit such oath or bond in the manner and within the time prescribed by law: Provided, That in case any vacancy shall occur in the office of any collector or justice of the peace in said city by the operation of this act, the recorder shall immediately transmit to the county clerk of said county a notice