P. L. 569. 18 May 1856 § 11. acknowledgment of the sheriff's deed therefor, upon payment of all costs and charges, and twenty per cent upon the amount for which the property had sold; and any person entitled so to redeem may present a petition to the court from which the process to make sale had issued, setting forth the facts and his readiness to pay the redemption-money as aforesaid; whereupon the court shall grant a rule to show cause why the purchaser shall not re-convey to him the premises sold, to be served as a summons in actions of partition; and if the petitioner shall prove the facts, to give him a right to redeem, the court shall make such rule absolute, and enforce it by attachment. 21 April 1855, § 22. P. L. 269. XXVIII. City property. 684. It shall be lawful for the city of Philadelphia, as rapidly as purchasers can be procured, without a sacrifice of price, to make public sale and conveyance of the City property may public halls, lots and real estate vested in the said city, not held upon any trust and not required for authorized public purposes, and to apply the proceeds in discharge of the city debts, and if the ground-rents be reserved, to sell and convey the same for said purposes. (c) be sold. 11 April 1866, § 1. P. L. 635. XXIX. Water-works. (d) 685. It shall be lawful for the city of Philadelphia to purchase and hold, in fee simple, or for any less estate, any springs, or streams of water, or any water defeasible title; it is defeated, by a tender, within the year, to the purchaser at sheriff's sale; the owner need not seek a grantee of the latter: and if such tender be made and refused an ejectment will lie, at any time within twenty-one years. Hess v. Potts, 32 P. S. 407. Gault's Appeal, 33 Ibid. 94. A grantee of the purchaser takes subject to the right of redemption. Philadelphia v. Lukens, 3 Phila. 333. Any person with color of title may redeem a tax sale in Philadelphia; he has a right to be remitted to his original position. Ex parte Bodin, 2 W. N. C. 371. Land was sold for taxes, and the purchaser received a deed; the sale was not redeemed; the same land was again sold for subsequently accruing taxes, purchased by the same person, who received a deed, and this sale was redeemed by the former owner; the purchaser was not estopped from setting up his title under the former sale. Cooper v. Bushley, 72 P. S. 252. (c) The act 19 April 1856, P. L. 455, vested the Potter's Field in the city freed from trusts. The act 1 May 1861, P. L. 432, authorized the sale of the almshouse grounds and the purchase of land for the erection of an almshouse. The acts 10 February 1863, P. L. 24, and 4 April 1866, relate to the cession of League island to the United States. The act 4 April 1867, P. L. 760, authorized the sale of the marketplace at Newmarket and Callowhill streets. The act 2 February 1854, P. L. 35, and the act 13 February 1857, P. L. 31, vested certain properties in the city of Philadelphia for the use of the schools. (d) The first inception of a water supply for Philadelphia is due to Benjamin Franklin, who, on June 23, 1789, made his will, giving to the city one hundred thousand pounds for the purpose of creating a water supply. He says: And having considered that the covering of the grand plot of the city with buildings and pavements, which carry off most of the rain, and prevent its soaking into the earth, and renewing and purifying the springs, whence the water of the wells must gradually grow worse, and in time be unfit for use, as I find has happened in all old cities, I recommend that at the end of the first hundred years, if not done before, the corporation of the city employ a part of the one hundred thousand pounds in bringing by pipes the water of the Wissahickon creek into the town, so as to supply the inhabitants, which I apprehend may be done without great difficulty, the level of the creek being much above that of the city, and may be made higher by a dam. I also recommend making the Schuylkill navigable." In 1798 a committee of councils designated "The Committee for the Introduction of Wholesome Water," examined Spring Mill and employed Benjamin Henry Latrobe to survey and report the whole subject. In January 1799, a contract with Mr. Latrobe was made for works at Centre square, where the public buildings are now being erected. The first water was supplied two years later, January 27, 1801. On August 1, 1812, operations commenced for the construction of water-works on Morris Hill, or, as it is now called, Fairmount. These were put in operation September 7, 1815. The state had granted on April 9, 1807, to James Kennedy authority to erect a dam and locks at the Falls of Schuylkill, reserving to the city the right of purchase at any time for a water supply. Messrs. White and Gillingham subsequently became the owners of this right and in 1818 sold it to the city for $150,000. In 1815 a charter was granted to the Schuylkill Navigation Company to improve and make navigable to its mouth the Schuylkill river, but not to erect dams on the tide water, this power being vested in the United States. By the contract of 1824 the city paid this company a consideration of $26,000 for the use, as is believed, of the whole of the water power, without reservation. On April 8, 1819, the councils entered into a contract with Captain Ariel Cooley, of Chicopee, Massachusetts, to build the dam for $150,000. Eleven days later he commenced work, and water flowed over the dam July 25, 1821. Captain Cooley did his work faithfully, but died soon after from the exposure. The entire length of the dam was 1600 feet, the mound dam being 270 feet, head arches of the forebay 104 feet, piers about 22 feet, and overflow 1204 feet of 134 feet fall at low tide. The dam, which was built of hemlock timber, was in 1842-43 rebuilt from low tide with white pine overflow 1148 feet 10 inches. The building of the present new dam was commenced June 1, 1872, in front of the old one upon the rock at the west and upon cribs sunk in 1865 at the east end; overflow 1112 feet. The right of the city and other owners to take the Schuylkill water for domestic purposes is paramount to that of the Schuylkill Navigation Co., whose right to use it for navigation is in turn paramount to that of the city to use it as a motive power. West's Op. 1884, 59. When the city should not use the water as a motive power, they should not permit their customers to so use it. Ibid. 1884, 60. If a municipal corporation, without authority of law, use so much of the water of a navigable river for the supply of its waterworks as to impede the navigation, it is liable in damages for the injury sustained; it is no defence that the water was used as a power for supplying the city with water for domestic purposes; it should have provided other power for that purpose. Philadelphia v. Collins, 68 P. S. 106. Philadelphia v. Gilmartin. 71 Ibid. 140. In a suit against a municipal corporation for a deficient supply of water, the plaintiff can only recover the proportion of water-rent during the time in which the supply was deficient; not for a loss of the rents of the premises. Smith v. Philadelphia, 81 Ibid. 38. A riparian owner has no right to pollute the stream, so as to render it unfit for domestic purposes. McCal counties for water powers, or privileges, or any lands, tenements and hereditaments, to which any 11 April 1866 § 1. springs, or streams of water, or any water-powers, may be appurtenant, situate, or P. L. 635. being wholly, or in part, in any one, or more, of the counties adjoining the city City may purchase and county of Philadelphia, and to build, construct and erect thereupon water- springs, streams or works, reservoirs, store-lakes, ponds, and so forth, for the collection, purification lands in adjoining and preservation of the water from such springs and streams; and to purchase and works. hold lands, through and upon which to make, build, construct, dig and lay viaducts, aqueducts, canals, tanks and water-pipes and mains, and every other apparatus suitable for the constant conveyance of the water from such reservoirs, store-lakes and places of collection, to the city of Philadelphia, for the use of the inhabitants thereof.(e) P. L. 636. 686. The city of Philadelphia is hereby authorized to furnish water from the 10 April 1878 § 1. water-works lately belonging to the Chestnut Hill water company to any of the residents of the township of Springfield, in the county of Montgomery; and May furnish water the said city shall have and may exercise in the said township of Springfield any to residents of and all of the powers, rights and privileges relating to the laying of water-pipes, ship, Montgomery Springfield townthe assessment of taxes or charges therefor, the filing of claims for the same, the county. lien of claims, the regulation of the use of the said water, and the collection of water-rents, which the said city now has, or hereafter may have, under the laws of this commonwealth, in the city and county of Philadelphia: Provided, That the claims before referred to shall be filed in the office of the prothonotary of the court of common pleas of the said county of Montgomery. P. L. 635. 687. For the purpose of enabling the city of Philadelphia to carry out the meas- 11 April 1866 § 2. ures authorized by this act, it shall be lawful for the agents, officers, engineers and servants of said city, to enter upon and take possession of the lands, tenements, Right of eminent water-powers and privileges, mills, and dams of private owners (after full compen- domain. sation, or security given), said security to be approved by the court of common pleas of the counties in which said property is situated, and to construct thereupon, and thereby, such water-works, reservoirs, store-lakes, aqueducts, viaducts, waterpipes and mains, and so forth, and to dig, carry away, and appropriate from other lands, under like conditions, as aforesaid, the earth, clay, sand, gravel, rock, stone, wood, and other materials necessary for the construction of the aforesaid works, reservoirs, store-lakes, viaducts, aqueducts, canals, water-pipes and mains, or for the repair of the same, from time to time, as may be needed, after their construction and completion, as herein provided; and in the making, building, digging for, and laying the said viaducts, aqueducts, water-pipes and mains, it shall be lawful to cross over, under or at grade, all creeks, rivers, streams of water, roads, streets and highways, and to do all things necessary for the purpose of fully carrying out the objects contemplated by this act. Ibid. § 3. viewers. 688. In case the owner or owners of lands and tenements, through and upon which such pipes, tanks, aqueducts, reservoirs, store-lakes, and so forth, are laid and constructed, or the owner or owners of lands, upon which it may be found Appointment of necessary to enter, for the purpose of digging, taking and carrying away clay, gravel and other materials, necessary for the purposes contemplated by this act, or the owner or owners of any spring or springs, stream or streams of water, which may be used and appropriated by the city, as herein provided, or any person who may be injured by the diversion of the water used by said city, cannot agree with the said city, upon the damages or compensation, to be paid to the said owner or owners, it shall and may be lawful for the parties to appoint, or in case the parties cannot agree, then on application by the party complaining, the court of common pleas of the counties in which the said property, taken as aforesaid, shall be situated, shall appoint three disinterested and suitable persons to ascertain and report, on oath or affirmation, to said court what damages, if any, have or will be done by said city under authority of this act; which report having been returned and confirmed by said court, judgment shall be entered thereon, and execution may issue, in case of non-payment for the sum awarded, with reasonable costs, to be assessed by the court: Provided, That either party may appeal from such award to the Appeal. courts of the counties in which said property is situated, within twenty days after the same shall have been filed in the office of the prothonotary of such county, in the same manner as appeals are allowed in other cases, whether the said report was made by persons agreed upon by the parties or appointed by the court; upon which appeal such proceedings shall be had as in other cases of damages: Prorided, That nothing herein contained shall authorize said company to enter on the lum v. Germantown Water Co., 54 Ibid. 40. Sanderson v. Pennsylvania Coal Co., 86 Ibid. 401. Pennsylvania Coal Co. v. Sanderson, 94 Ibid. 302. Scranton Gas and Water Co. v. Mackey, 2 Law Times 85. See Howell v. McCoy, 3 R. 256. (e) The act 26 March 1832, § 1, P. L. 188, authorized the city to erect a guard-pier and ice-break at the foot of Coates street. The act 1 April 1836, § 4, P. L. 411, authorized the city to occupy a strip of ground thirty feet wide on the south side of Coates street, extending twelve hundred and three feet west of the southwest corner of Fairmount and Coates street to the river Schuylkill. The acts 18 April 1843, P. L. 305, and 6 April 1848, P. L. 359, gave to the former incorporated district certain powers as to the construction and conduct of water-works. The act of 22 March 1870, P. L. 513, provides a method by which the city is authorized to become the owner of the franchise and property of the water companies within her limits. By act of 15 April 1863, P. L. 479, the Roxborough and Manayunk water company was authorized to extend their mains into the twenty-second ward. P. L. 635. 11 April 1866 § 8. land, or appropriate the property of any individual, unless the parties agree, without first giving adequate security for any damage they may occasion, to be approved by one of the judges of the court of common pleas of the counties where such property is situated. 4 April 1868 § 1. P. L. 721. 689. The councils of said city, whenever they shall need ground in the city of Philadelphia for reservoirs, or other purposes connected with its supply of water, City may take land shall have power, if they cannot agree with the owner or owners thereof as to the for reservoirs, &c. price, or if for any other cause they shall be unable by negotiation to secure a satisfactory title thereto, to appropriate (g) the same by ordinance, and to cause a petition to be filed in the court of quarter sessions of the city and county of Philadelphia, on behalf of said city, setting forth by proper metes and bounds the grounds so selected, and that by ordinance the said councils have appropriated the same for said purposes; whereupon the said court shall appoint a jury to assess the damages in the manner now provided by law, and the proceedings thereupon shall be the same and with the like effect as upon the assessment of damages for the opening of streets in said city: Provided, That the jury in such case may report to the said court at any time not later than the fourth term after that of their appointment, unless the said court, by rule or order, should require or permit a report to be made at an earlier or later term. Viewers. Report. 20 April 1869 § 1. P. L. 1193. Act of 11 April 1866 extended. 2 Feb. 1854 § 89. P. L. 42. Councils to ob tain, lay out and maintain parks. 13 May 1857 § 4. P. L. 489. domain. 690. All the rights, powers and privileges conferred upon the city of Philadelphia by an act, entitled "A further supplement to the act consolidating the city of Philadelphia, for the purpose of introducing a sufficient supply of fresh and pure water for the use of the citizens of said city," approved April eleventh, Anno Domini one thousand eight hundred and sixty-six, and all the provisions of said act, are hereby extended to and shall embrace all lands, tenements and hereditaments situate, or being wholly or in part, in the city and county of Philadelphia. XXX. Parks and squares. 691. It shall be the duty of the city councils to obtain by dedication or purchase, within the limits of the said city, an adequate number of squares or other areas of ground, convenient of access to all its inhabitants, and lay out and maintain such squares and areas of ground as open public places, for the health and enjoyment of the people forever.(h) 692. The councils of said city, whenever they shall select any square, or other area of ground, to be laid out and maintained forever as an open, public place or Right of eminent park for the health and enjoyment of the people, shall have the power, if they cannot agree with the owner or owners thereof as to the price, to cause a petition to be filed in the court of quarter sessions of the city and county of Philadelphia, on behalf of said city, setting forth by proper metes and bounds the grounds so selected, and that by ordinance the said councils have appropriated the same for said purpose: whereupon the said court shall appoint a jury to assess the damages in the manner now provided by law, and the proceedings thereupon shall be the same and with the like effect, as upon the assessment of damages for the opening of streets in said city. 6 April 1848 § 9. P. L. 359. squares. 693. The present trustees of the Fairhill estate, under the will of Joseph Parker Norris, and the trustees of Joseph Parker Norris, the younger, under said will, be Fairhill and Norris and they are hereby authorized and empowered to grant, bargain and sell to the commissioners of the said Kensington district, in fee simple, for such consideration as they may think proper, and to be held for public use as a public green and walk forever, and to be used for no other use or purpose whatever, the plot or square of ground now called "Fairhill square," part of the said Fairhill estate, bounded by Lehigh avenue on the north, by Hungtingdon street on the south, Fourth street on the east and Apple street on the west; and also the plot or square of ground now called "Norris square," part of the said Fairhill estate, bounded by Susquehanna avenue on the north, Diamond street on the south, Howard street on the east and Hancock street on the west; and Clinton street, as laid down in the plan of the county, running through the same from Susquehanna avenue to Diamond street, is hereby vacated: Provided, That the said commissioners of Kensington shall at all times, hereafter, keep the said two squares of ground properly enclosed and planted with trees, for public squares and walks, for light, air and recreation, forever: And provided further, That a majority of all the persons having vested interest in the said two squares of ground shall consent to such grant and dedication of the same as aforesaid (and such squares shall never be used for any other purpose whatever, and no building shall ever be erected thereon). (g) An injunction will not be granted, to restrain public officers from taking private property, for a public improvement, until compensation made, where a mode is provided by law for an assessment of the damages sustained. Heston v. Canal Commissioners, Bright. 183. Schall v. Norristown, 6 Leg. Gaz. 157. As a general rule, an injunction will not be granted, to suspend the progress of a public work, before the coming in of the answer. Elmslie v. Delaware and Schuylkill Canal Co., 4 Whart. 424. (h) The act 7 March 1821, § 1, 7 Sm. 385, prohibits the opening of any street over the public squares or state house yard. The act of 16 March 1847, § 8, P. L. 471, anthorized the erection of a new court-house on Independence square. Franklin square having been dedicated to public use at the foundation of the city, it was not competent to divert a portion of it to the use of a religious corporation as a burying-ground. Commonwealth v. Alburger, 1 Whart. 469. But Penn square was lawfully appropriated to the erection of the city buildings. Baird v. Rice, 63 P. S. 489. P. L. 651. 694. The public square in the district of Kensington, in the county of Philadel- 30 April 1850 § 9. phia, bounded on the northwest by the Frankford road, on the southeast by Beach street, on the southwest by Maiden street and on the northeast by Manderson Shackamaxon street, is hereby named and shall hereafter be called Shackamaxon square; and square. the commissioners of said Kensington district shall, at all times hereafter, keep said square properly enclosed and planted with trees; and no building shall ever be erected thereon; and it shall be lawful for said commissioners, whenever they shall deem it expedient so to do, to remove the market-house fronting on Beach street, for the purpose of enlarging and improving said Shackamaxon square. XXXI. Officers and employés. (1.) Tenure. 695. All persons who, at the time of the passage of this act, shall be employed 1 June 1885, art. 15. by any department of the city government, which is abolished by this act, shall be P. L. 53. transferred by operation hereof to the appropriate department hereby created, and Officers employed shall perform such duties as may be required of them by the head of such depart- at the passage of ment. the Bullitt bill. 696. All salaried officers, whose offices are not abolished by this act, shall serve Ibid. out the several terms for which they were respectively elected, except where the right of removal already exists. They shall perform their several duties subject Officers to serve to the supervision and control of the appropriate department, and shall receive the same salary, fees and emoluments to which they were severally entitled before the passage of this act. (2.) Official bonds. out terms. 697. Every officer or agent receiving moneys for the city, and payable to the city 2 Feb. 1854 § 49. treasurer, shall give a bond(i) for the faithful performance of his duty, and shall bond. P. L. 45. be required to make return to the city controller once in every week, or oftener, if Officers receiving councils shall direct, under oath or affirmation, of each item of the moneys received moneys to give by him, and [daily] to pay the amount in his hands to the city treasurer. The Weekly returns to said city controller is hereby authorized to administer such oath or affirmation; controller. and any person falsely making such oath or affirmation, or guilty of falsehood in any other oath or affirmation required by any ordinance of councils made in pursuance thereof, shall be guilty of perjury. (3.) Impeachment and removal. 2 Feb. 1854 § 51. P. L. 45. 698. If any councilman, guardian of the poor, member of the board of health, controller, or director of public schools, or warden, inspector of the prison, or any other member, officer or agent of the said city corporation, or of any corporation or Interest in condepartment by this act recognized, or clerk therein, shall at any time be directly tract to be ground for impeachment. or indirectly interested in any sale to, or contract for, supplies to be furnished to said city, or to any corporation or department by this act recognized or placed under the supervision of councils, of which he shall be a member, or officer, clerk or agent, or shall receive any gratuity, money or property whatsoever, by reason of such sale or contract, or shall take any fee beyond that prescribed by law, he, if a councilman, or elective officer, or officer appointed by court, shall be impeached in manner herein before provided, and if found guilty shall forfeit and vacate his seat; and if any officer or clerk appointed by councils shall be removed from his office or appointment, and any vendor or contractor participating in such act shall be incapable of recovering any demand thus infected by fraud, and all such offenders shall be deemed guilty of a misdemeanor, and, upon conviction of such offence in the court of quarter sessions for said city and county, shall be fined and imprisoned at the discretion of said court. 699. Municipal officers shall be liable to impeachment, suspension and removal(k) (i) A mandamus will lie to compel city councils to pass upon the sufficiency of the bond of a municipal officer; they have no power to pass upon the validity of his appointment. Ex parte Tener, 39 L. I. 4. (k) Under sec. 4, art. 6, of the constitution, appointed municipal officers may be removed by the power which appointed them. Houseman v. Commonwealth, 100 P. S. 229. The removal of an officer, under a power conferred by statute, terminates his right to exercise the duties of the office until the validity of the removal has been decided at law. Welchans v. Lancaster, 12 L. Bar 135. An officer may be ousted for bribery at his election without a previous conviction in a criminal court. Commonwealth v. Walker, 83 P. S. 105. Sufficiency of an indictment for bribery. Commonwealth v. Harris, 1 L. Gaz. R. 455. The legislature has power to abolish a municipal office during the term of the incumbent. Donohugh v. Roberts, 11 W. N. C. 186. Public officers are indictable for neglect of official 1 June 1885, art. 13. P. L. 50. duty; but not where they act judicially. Respublica v. Meylin, 3 Yeates 1. In an indictment against a public officer for misfeasance, it is sufficient to aver that he was duly elected by the qualified voters of the township, and took upon himself the duties of the office. Edge v. Commonwealth, 7 P. S. 275. What must be set forth in an indictment for misfeasance in office. Commonwealth v. Rupp, 9 Watts 114. On a conviction for misbehavior in office a removal from the office must be part of the judgment. Commonwealth v. Harris, 1 Leg. Gaz. Ř. 455. What constitutes the crime of embezzlement in a public officer. Commonwealth v. Evans, 2 Leg. Opin. 3. Every public officer is liable in damages for a misfeasance in office to the party injured. Work v. Hoofnagle, 1 Yeates 506. A public officer who has made an overpayment by mistake may recover it back, unless he has been credited with the same in his account. Johnson v. Rutherford, 10 P. S. 455. P. L. 50. 1 June 1885, art. 13. from office for any corrupt act or practice, malfeasance, mismanagement, mental incapacity, or incompetency for the proper performance of official duties, extortion, receiving any gift or present from any contractor or from any person seeking or engaged in any work for, or furnishing material to, the city, or from any incumbent or occupant of, or candidate or applicant for, any municipal office, and for wilfully concealing any fraud committed against the city. Grounds for impeachment, suspension and removal. Ibid. 700. Complaint in writing may be made to the court of common pleas (1) of the proper county by not less than twenty freeholders of the city, each of whom shall twenty freeholders Write his occupation and residence opposite his signature, charging any municipal Complaint by to the common pleas. Rule to answer. Ibid. Committee of investigation. Ibid. Report of committee. Ibid. Certificate of record to select council. officer with any offence setting forth the facts on which the said charge is founded, supported by the oaths or affirmations of at least five of the complainants according to the best of their knowledge, information and belief. If in the judgment of the court there appears to be reasonable ground for such proceeding, the court shall direct the complaint to be filed of record, and grant a rule upon the accused returnable on a day certain to appear and answer the same. 701. If on the return-day of the rule the court shall find sufficient cause for further proceedings, it shall appoint a committee of five competent and reputable citizens to investigate the charges contained in said complaint, who, having been first severally sworn or affirmed to perform the duties of their appointment with fidelity, shall have full authority for that purpose to examine the books of the office held by the accused, and any papers, contracts, letters or documents filed therein, and examine witnesses under oath or affirmation, whose attendance the court shall enforce, if necessary, by subpoena and attachment. 702. It shall be the duty of the committee to make a written report to the court of the facts found by them, which shall be filed of record, accompanied by the testimony taken, within three weeks next after their appointment, unless the time shall be extended by the court upon their application. In any stage of the proceedings, if the public interest so require, the court may, by an order to be filed of record in the case, suspend the accused from office until he shall be tried and acquitted. 703. If the committee, or any three of them, shall find that any charge made as aforesaid is well founded, they shall, in their report, so state in specific form, and in such case the court shall cause a certified copy of the whole record, with the specifications of the charges against the accused, to be transmitted to the select council, which shall be assembled within ten days thereafter in special and open session as a court of impeachment, and the members shall be severally sworn to try and decide the same according to the evidence. A copy of the specifications Service of specifi- shall be served on the accused or left at his last place of residence, at least five cations. Trial. Ibid. Ibid. Decision to be certified to court. Decree. 2 Feb. 1854 § 46. P. L. 44. days before the commencement of the trial, and he shall be entitled to be heard therein in person or by counsel, and to produce evidence in his defence, and the prosecution before the select council shall be conducted on the part of the city by the city solicitor. 704. The president judge of the said court of common pleas, or in his absence an associate judge thereof, shall preside during the trial and decide finally all questions of law and evidence that may arise in the case. He shall have the power to issue subpoenas for witnesses and compel their attendance by attachment, and the production of books, papers and documentary evidence required or called for by the said court of impeachment and to punish witnesses and others for contempt as fully as any court of this commonwealth may lawfully do in any case. 705. The decision of the court of impeachment shall be entered upon the record of its proceedings and certified by the clerk to the court in which the complaint was filed. If the accused shall be found guilty on any of the specifications, the said court of common pleas shall enter judgment accordingly and declare the said office vacant. (4.) Vacancies. 706. Whenever any elective officer of said city shall die or become incapacitated for fulfilling the duties of his office, his place, except where other provision is made for filling the vacancy, shall be filled by a joint vote of the city councils, until the tive city office, how next city election, (m) and the qualification of a successor in the office: Provided, Vacancy in elec filled. 2 Feb. 1854 § 46. P. L. 44. That such vacancy shall exist at least thirty days before the next city election, otherwise such vacancy shall be filled at the next election thereafter. (5.) Salaries and fees. 707. The city councils shall fix the compensation and prescribe the duties of all officers of said city in such manner as to carry out the purposes of this act and as |