Justices of

the peace.

Inspectors of

and not less than five inspectors of common schools, one or more city superintendents, one or more city surveyors, measurers of cord-wood, fuel, coal, grain and lime, weighers of hay, gaugers, common criers, keepers of the almshouse and penitentiary, examiners and inspectors of weights and measures, pound masters and sextons, or keepers of burial grounds, ten fire wardens, shall be appointed annually by the common council, and shall hold their offices during the pleasure of the board.

S 12. The common council shall appoint one justice of the peace in each ward: they shall hold their offices for four years. Every justice appointed for any ward, shall reside and keep his office in such ward, and in that ward only, and shall not be authorized to try any cause, or render any judgment in a civil action out of his ward. But for all other purposes, the said justices shall be deemed officers for the city of Rochester, in the same manner as if they had been elected by the whole city; and shall have the same jurisdiction in the said city, that justices of towns have by law in respect to the towns for which they have been elected.

S13. The present trustees of the village of Rochester first election. shall appoint the time and a suitable place in each of the wards of the said city, for the holding of ward elections, and they shall also appoint three electors of each ward, to be inspectors of the said elections in their respective wards; which appointment shall be published in at least two of the newspapers of the village once before the said elections.

Inspectors of

tions.

$ 14. The common council shall, at least three days. future elec before the time of holding any ward election, appoint a suitable place in each ward for the holding of such election, and shall at the same time choose, from the electors actually resident in each ward of said city, three persons as inspectors of such election; but no alderman, assistant alderman, or any person holding any office under the common council shall be chosen such inspector. In case of the death or inability of either of such inspectors to act, the common council may thereafter appoint another in his place: notice of every such election shall be published in two of the newspapers of said city, at least once before such election.

Board of in spectors.

S15. The inspectors of elections so appointed, shall meet at the time and place appointed for holding ward elections, and shall organize themselves as a board, in the manner prescribed in the fourth title of the sixth chapter and first part of the Revised Statutes. The inspector

first named in the order of appointment, shall be chair

man.

polls.

$16. The inspectors shall appoint two clerks of the Clerks of the polls, who shall take the constitutional oath of office, to be administered by the chairman.

long to be

$17. The poll shall be kept open for one day only, be- Poll, how tween nine o'clock in the forenoon and the setting of the kept open. sun, but may be closed at any time after three o'clock in the afternoon, if the inspectors shall have given one hour's previous notice of the time when the same shall be so closed.

$ 18. The electors shall vote by ballot, so folded as to Ballots. conceal the contents. On each ballot shall be written or printed the words "city officers," or "supervisors;" but no ballot found in the proper box shall be rejected for want of such endorsement.

$ 19. The ballot endorsed "city officers," shall contain City officers. the names of the persons designated by the elector for the offices of aldermen, assistant aldermen, assessor and constable, any or either of them, with the name of the office for which such person is designated.

$20. The ballot endorsed "supervisor," shall contain Supervisors. the name of the persons designated by the elector, for the office of supervisor.

$21. Every person entitled to vote for members of assembly in the village of Rochester, when this act shall become a law, and every person so entitled to vote in those parts of the towns of Brighton and Gates which are included in the said city, and every person so entitled to vote in the city of Rochester at any ward election thereafter, who shall have been a resident of the said village, or said parts of Brighton and Gates, or city, for the last six months preceding such election, shall be entitled to vote in the ward in which he resides, for all or any of the officers to be chosen at such ward election.

Persons enti

tled to vote.

Persons offer

ing to vote may be chal

$ 22. Persons offering to vote at such elections may be challenged in the same manner as at a general election for state officers, and the same proceedings shall be had there- lenged. on as are prescribed by law in relation to such elections; and the same oath shall be administered to the person challenged except that instead of swearing or affirming that he has been "for the last six months a resident of this county," he shall at the first election under this act, swear or affirm that he has been for the last six months a resident of the village of Rochester, or of the said parts of Brighton and Gates, and at any subsequent election he

Ballot-boxes.

Elections

how to be

shall swear or affirm that he has been for the last six months a resident of the city of Rochester.

S 23. At the first and every subsequent ward election under this act, the inspectors shall provide, at the expense of the city, two boxes, one of which shall be entitled" the city officers' box," another "supervisor's box," which shall be constructed and provided with locks and keys, and sealed at every adjournment of the election, in the manner provided by law in respect to elections, for state officers.

$ 24. Such elections shall be conducted in the manner conducted prescribed by law for the election of state officers, and the inspectors shall have the same authority in all respects as the inspectors of such elections of state officers. They shall proceed in like manner to canvass the votes given at such elections, and therein shall be governed by the provisions of law respecting the elections of state officers, except that only one statement of the result of such election shall be drawn up and signed by the inspectors, which at the first election to be held under this act, shall be immediately delivered to the clerk of the trustees of the village of Rochester, to be filed by him, and at every subsequent election shall be immediately delivered to the clerk of the city to be filed by him.

First canvass

Statements of votes.

To be certified,

And filed.

$25. The present trustees of the village of Rochester shall meet at the court-house in that village, on Tuesday next after the first Monday in June next, at four o'clock in the afternoon, to canvass and estimate the votes given at the different ward elections in the said city on the said first Monday of June next.

$ 26. The original statement of the votes filed with him by the inspectors of elections, shall be produced by the clerk of the said trustees, and from it the said trustees shall proceed to estimate and state the number of votes given at the said election for the different officers then to be chosen.

$27. In such statement, the whole number of votes given, and the number of votes to each shall be written out in words at full length; and the said board shall thereupon determine and certify what persons have, by the greatest number of votes, been duly elected to each of the offices mentioned in such statement; which determination shall be expressed in such statement, and shall be certified and attested by the trustees respectively, who shall make such determination.

S 28. Such statement and certificate shall be immediately filed in the clerk's office of the county of Monroe,

and a copy thereof shall be published in two newspapers of the city.

take oath.

$29. The persons so declared to be elected, shall, af- Officers to ter taking the oath of office prescribed by the constitution, enter upon the duties of their respective offices, upon the second Monday of June next thereafter.

canvassers.

$30. The common council of the city of Rochester Board of shall be the board of canvassers of all ward elections, after the first election which shall be held under this act, and for that purpose shall convene on the day after every such election, and the statements of votes filed with the clerk of the city by the inspectors of election, shall be produced to the common council by the clerk. The common council shall proceed to canvass and estimate the said votes in the same manner herein directed with respect to the first election; and shall in like manner make out and certify their determination, which shall be signed by all the members concurring in the same, and shall be filed with the clerk of the county of Monroe.

tion may be

$ 31. If at the first, or any subsequent election autho- Special lec rized by this act, any officer shall not have been chosen, ordered. by reason of two or more candidates having received an equal number of votes, a special election shall be ordered by the board of canvassers authorized to determine on the election of the officer so omitted to be chosen.

place to be

S32. Such board shall, without delay, appoint a time Time and and place for the holding of a special election, which shall axed. be not more than fifteen days, nor less than five days from the time of such appointment; and they shall cause to be delivered to the inspectors of the last preceding election, in the ward where such officer was omitted to be chosen, a notice signed by them specifying the officer to be chosen, and the day and place at which such election is to be held. $ 33. Such notice shall also be published in two news- Notice. papers of the city, at least once before such special elec

tion.

held.

$34. The inspectors to whom such notice shall be de- How to be livered, shall, at the time and place appointed, open and hold an election in their ward for the choice of the officer or officers designated in such notice; and shall proceed therein in all respects as herein directed in case of an annual election; they shall in like manner canvass and make a statement of the votes given, and shall file the same with the clerk of the city.

$ 35. The common council of the city shall, from the Canvas.. statement so furnished, canvass and estimate the votes given, and determine and certify what persons have by the

Rights of per sons elected.

Vacancies.

Inspectors of election.

Vacancies in

common council.

Constables

and fire wardens.

Supervisor.

Proceedings.

greatest number of votes, been elected to the offices, for the filling of which such special election shall have been ordered, in the same manner as herein prescribed in relation to a general election; which certificate shall be filed with the clerk of the county of Monroe.

$36. The person so selected, shall, after taking the oath of office, enter upon the duties of the office, and shall hold the same until the Tuesday succeeding the next annual election.

$ 37. Whenever a vacancy shall occur in the office of an alderman, assistant alderman, or assessor, by his refusal or neglect to take the oath of office within the time required by law, by his resignation, death, ceasing to be an inhabitant of the city or ward for which he shall have been elected, removal from office, or by the decision of a competent tribunal declaring void his election, the common council of the city shall immediately appoint a special election, to be held in the ward for which such officer was chosen, at some suitable place therein, not less than five days nor more than fifteen days from the time of such appointment.

$ 38. Inspectors of such elections shall be appointed by the common council, and notice thereof shall be given in the same manner as in the case of an annual election; and the same shall be conducted and held, the votes shall be canvassed, statements thereof made and filed, and the result of the election determined in the same manner as herein directed in the case of an annual election; and the persons so elected, shall hold their offices for the unexpired term of those who were first elected.

$39. In case any such vacancy shall occur in the said offices of alderman, assistant alderman, or assessors, within three months before the first Monday in June in any year, it shall be optional with the common council to order a special election or not, as they shall deem expedient.

$ 40. In case a vacancy shall occur in the office of constable, or fire warden, in any ward, by any of the means herein before enumerated, as producing a vacancy in the office of alderman, the common council may appoint suitable persons, being electors and residents of the ward for which they shall be appointed, to fill such vacancy.

S41. Should a vacancy occur by any of the means aforesaid, in the office of supervisor, the common council may in their discretion, direct a special election to be held in the several wards to fill such vacancy.

$42. The same proceedings for that purpose shall be had as in case of vacancy in the office of alderman: The