election shall be conducted in each ward in the same manner. The votes shall be canvassed, statements filed, and the determination of the result made known and certified in the same manner, and by the same persons, as at an annual election.

$43. Upon the determination of the board of can- Clerk to notify persons vassers of the result of the election herein before direct- lected. ed to be held on the first Monday of June next being made, it shall be the duty of the clerk of the trustees of the village of Rochester, immediately to notify every person elected, of his election; and upon the determination of the board of canvassers of the result of any subsequent election being made, it shall be the duty of the clerk of the city, immediately to notify the persons so elected of their election; and he shall in like manner notify the chief engineer and assistant engineers of their election, and shall also notify all persons appointed to any office by the common council of their respective appointments, immediately on the same being made.

cers to take

S44. Every person elected or appointed to the office Certain offiof mayor, alderman, assistant alderman, justice of the oath. peace, assessor, constable, collector, supervisor, treasurer, city clerk, or marshal, in the city of Rochester, shall, before he enters on the duties of his office, and within five days after, being personally notified of such election or appointment, take the oath of office prescribed by the constitution of the state, before some officer authorized to take affidavits to be read in courts of justice, and file the same with the clerk of the trustees of the village of Rochester, or with the clerk of the city of Rochester. Such of the said officers as shall be elected or appointed before a clerk of the said city shall have been appointed, shall file the said oaths with the clerk of the trustees. Those elected or appointed after the appointment of a city clerk, shall file such oaths with the clerk of the city. $45. Every person chosen or appointed to the office of Others to file chief engineer, assistant engineer, fire-warden, attorney ceptance. and counsel to the common council, inspector of streets and highways, inspector of common schools, or any other office to which he shall be appointed by the common council of the said city, except those enumerated in the last section, before he enters on the duties of his office, and within five days after being personally notified of his election or appointment, shall cause to be filed in the office of the city clerk, a notice in writing, signifying his acceptance of such office.

notice of ac

$ 46. If any person chosen or appointed to any office Those who specified in the two last sections, shall not take and sub- refuse to

servo.

Collectors to give bond.

Bond to be

filed with

scribe the oath of office, and file the same as therein directed, or shall not cause a notice of acceptance to be filed as therein directed, such neglect shall be deemed a refusal to serve.

$47. Every person appointed collector, before he enters on the duties of his office, and within ten days after being notified of his appointment, shall execute to the mayor of the city and lodge with said mayor, a bond with two or more freeholders of lands in the county of Monroe, as sureties, to be approved of by such mayor, in such penalty as the said mayor shall direct, conditioned for the faithful execution of his duties as such collector; and before any warrant for the collection of taxes that shall have been issued by the board of supervisors of the county of Monroe, shall be delivered to any such collector, he shall execute an additional bond to the supervisors of the said city, with two or more sureties to be aproved by them, in a penalty double the amount of the taxes directed to be collected by such warrant, conditioned that he will faithfully collect such taxes and pay over the same according to law, which bond shall be delivered to one of the said supervisors.

$48. The mayor and supervisor to whom such bonds County clerk, shall have been delivered, shall, within six days thereafter, file the same, with the approbation herein required, endorsed thereon, in the office of the clerk of the county of Monroe.

Clerk to

S49. The said clerk shall cause entry of such bond to make entry. be made in the book provided for entering the bonds of town collectors, and in the same manner, and every such bond shall be a lien on the real estate of the said collector and his sureties, in the same manner and to the same extent as provided by law in relation to the bonds of town collectors; and in case of any breach of the condition of such bonds, or either of them, suits may be maintained thereon, in the name of the mayor, to whom they were given, or of his successor in office, and by the supervisors to whom they were given, or their successors in office.

Liability of

sureties.

$50. Such collector and sureties shall also be liable to collector and the same proceedings to enforce the payment of money collected on any warrant issued by the supervisors of the county, as are provided by law in respect to town collec

Collector

may be removed.

tors.

$51. In case such collector shall refuse or neglect for ten days after being notified of the amount of taxes directed to be collected by the warrant of the supervisors of the county, to give the bond herein required, such neglect or refusal shall be immediately reported by the su

pervisors of the city, to the common council, who shall immediately remove such collector from office, and appoint another in his place.

deemed a re

$ 52. If such collector shall neglect to execute the bond Neglect herein required, within the time limited for that purpose, fusal to serve such neglect shall be deemed a refusal to serve.

$63. Every person chosen or appointed to the office of Constables to constable in the said city, before he enters upon the du- give security. ties of his office, and within ten days after he shall have been notified of his election or appointment, shall execute in the presence of the mayor of the city, and one of the aldermen thereof, with two or more sureties, to be approved by the said mayor and alderman in writing, an instrument in writing, by which such constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay on account of any execution or distress warrant which shall be delivered to him for collection.

be filed.

$54. Such instrument, with the approbation of the Instrument to said mayor and alderman endorsed thereon, shall be filed with the clerk of the city; and a copy thereof certified by such clerk, shall be presumptive evidence of the execution thereof by such constable and his sureties.

$55. The same proceedings shall be had on such in- Prosecution. struments by any person entitled to prosecute the same, and within the same time as provided by law in respect to similar instruments executed by constables of towns.

$56. Every person appointed to the office of marshal Marshal to of the said city, before entering on the duties of his of- give bond. fice, and within ten days after being notified of his appointment, shall execute with two or more sureties to be approved by the mayor of the said city, a joint and several bond to the people of this state, in the penal sum of five thousand dollars, conditioned for the faithful execution of the duties of the said office by such person during his continuance in the same.

ties.

$57. At the time of the execution of such bond, the Oath of sure said mayor shall administer to each of the said sureties an oath that he is a freeholder of lands in this state, and is worth such sum as shall be ascertained by dividing the penalty of such bond by the number of sureties bound thereby, over and above all debts whatsoever owing by him, which oath shall be endorsed on said bond, and subscribed by such sureties in the presence of the said mayor, who shall, notwithstanding, judge of and determine the competency of such sureties.

Bond to be

filed.

Prosecution.

Treasurer to give bond.

To be filed.

Neglect deemed a refusal to serve

Fines for refusal to serve

Ib.

$58. If such sureties are approved by the said mayor, he shall make an endorsement to that effect on the said bond, and shall file the same with the clerk of the city.

$59. Proceedings for the prosecution of any such bond, may be had in the cases and the manner directed by law in respect to official bonds of sheriffs, except that application for that purpose may be made to the mayor's court of the city of Rochester, and each suit may be brought in such court, who shall proceed therein in the manner directed by law in respect to suits on sheriffs' bonds.

$60. Every person appointed to the office of treasurer of the said city, before entering upon the duties thereof, and within ten days after being notified of his appointment, shall execute a bond to the mayor and common council of the city of Rochester, with two or more sureties, being freeholders of lands within the county of Monroe, to be approved by the mayor of the city, in such penalty as shall have been directed by the common council of the said city, conditioned for the faithful execution of the duties of his office, and that he will pay over according to law, and the ordinances of the said common council, all moneys which shall come to his hands as such treasurer, and render a just and true account thereof to the said common council when thereunto required.

$61. Such bond, with the approbation of the said mayor endorsed thereon, shall be filed with the clerk of the said city.

S 62. If any constable, marshal or treasurer of the said city, shall neglect to execute any bond or other instrument herein required, within the time for that purpose limited, such neglect shall be deemed to be a refusal to

serve.

$ 63. If any person chosen to any one of the following offices shall refuse to serve, he shall forfeit to the mayor and common council the following sum:

1. If chosen to the office of alderman or supervisor, he shall forfeit twenty-five dollars by such refusal.

2. If chosen to the office of assistant alderman or assessor, he shall forfeit by such refusal, ten dollars.

$64. If any person, appointed to any one of the following offices, shall refuse to serve therein, he shall forfeit to the mayor and common council of the said city, the following sums:

1. If appointed inspector of common schools, inspector of streets and highways, fire warden, inspector and examiner of weights and measures, he shall forfeit, by such refusal, ten dollars.

2. If appointed to any other office than such as are herein before enumerated, he shall forfeit, by such refusal, five dollars.

tees of Ro

$ 65. On the fourth Monday of June next, the clerk of Duty of trus the trustees of the village of Rochester shall deliver to chester. the common council, who shall have been elected as herein provided, a list of all the persons who shall have been elected to any office in the city of Rochester, specifying the offices to which they shall have respectively been elected, and designating those who have filed with him the oath of office prescribed by law, and those who have neglected to file such oath, to the end that the common council of the said city may take the measures necessary to supply any vacancies occasioned by such neglect.

clerk.

S66. At the expiration of ten days after any election Duty of city or appointment of any officer or officers in the said city, the clerk of the said city shall, in like manner, deliver to the said common council a list of the persons elected or appointed, and of the offices to which they are chosen, therein specifying such as shall have filed with him the oath of office required by law, and such as shall have omitted to file the same within the time herein prescribed, to the end that the necessary measures may be taken to fill the vacancies occasioned by such omission.

port collect. ors and con

$67. The mayor shall report to the common council Mayor to rethe names of such collectors and constables as shall have neglected to give the bond and security required by law. stables. $68. It shall be the duty of the common council to di- Suits for perect suits to be brought for the recovery of all penalties. incurred by the refusal of any person to serve in any office to which he shall have been elected or appointed in the said city.

nalties.

$69. Resignation by any officer authorized to be cho- Resignations. sen or appointed by this act, shall be made to the common council of the city, subject to their approval and acceptance and if not approved by them, the person so resigning any office, shall be liable to the same penalty herein. before prescribed for refusing to serve in such office.

$ 70. The common council shall have power at any Removals. time to remove any officer appointed by them, and to appoint another in his place; and they shall also have authority to remove any constable elected to office, for misconduct in the same, after giving to the person accused, notice of the charge against him and an opportunity of being heard in his defence.