Tenth ward. Eleventh ward. Twelfth ward. Thirteenth ward. City off cers. Terms of office. through the center of Ninth street; thence northwesterly and along the last mentioned line to the northwesterly line of York street, shall be denominated the ninth ward, TENTH WARD. All that part of the city bounded northerly by the northerly line of North street; northwesterly by the northwesterly line of York street; easterly by the center of Main street, and southerly and southwesterly by the ninth ward, shall be denominated the tenth ward. ELEVENTH WARD. All that part of the city, and including Squaw island, lying west of Main street and south of Scajaquada creek and east of the State line, bounded south by wards numbers eight, nine and ten, shall be known as ward number eleven. TWELFTH WARD. All that part of the city bounded west by the State line; north by the northerly bounds of the city, and east by the easterly bounds of the city, until it strikes the northerly bounds of Genesee street; thence westerly along the centre of said Genesee street until it strikes the easterly boundaries of the sixth ward; thence along the eastern and northerly boundaries of the seventh and eleventh wards, to the Niagara river and State line, shall be known as ward number twelve. THIRTEENTH WARD. All that part of the city which lies southerly and easterly of the boundaries of the first and third wards, and southerly of the fifth ward, as above described, shall be known as the thirteenth ward. TITLE II. OFFICERS. SECTION 1. The officers of the city, to be elected by general ticket, shall be a mayor, a comptroller, an attorney, a treasurer, an engineer, a street commissioner, a superintendent of education, a police justice, an overseer of the poor, three assessors, and four justices of the peace. § 2. The term of office of the mayor, the comptroller, the attorney, the treasurer, the engineer, the street commissioner, and the superintendent of education, shall be two years; of the police justice, the justices of the peace, four years, and the assessors three years, and until the successor of each of said several officers shall enter upon the office. officers. office. 83. The officers to be elected by the electors of each Ward ward, shall be two aldermen, two supervisors and one constable. The term of office of the aldermen, shall be Terms of two years, and of supervisors and of constable one year, and until the successor of said several officers shall enter upon their office. One alderman and two supervisors shall be elected annually except in the thirteenth Thirteenth ward which shall elect but one supervisor. There shall ect one be three inspectors of election in each election district, to be supervisor yearly elected by the electors thereof; but no elector shall Inspectors vote for more than two inspectors. elect only. of election. Justices of 12th and peace in 18th wards. Terms of office. cers to be electors. § 4. There shall be a justice of the peace in the twelfth ward, to be elected by the electors thereof; and one in the thirteenth ward, to be elected by the electors thereof. The term of office of such justices shall be four years. § 5. No person shall be eligible to any city office, unless City and he is an elector of the city; nor to any ward office, unless ward off. he is an elector of such ward. If any city or ward officer resident shall cease to be an elector of the city or ward, as the case may be, his office shall thereby become vacant. No person shall be eligible to the office of attorney, unless he Qualificabe a counselor of the Supreme Court of five years' stand- attorney, ing; nor to the office of engineer, unless he shall have engineer been a practical civil engineer for five years; nor to the missioner office of commissioner of public buildings, unless he is a ings. practical builder. tions for and com of build office, when § 6. The term of all officers elected under this act shall Terms of commence on the first Monday in January after their to comelection. mence. § 7. The annual city and ward election shall be held Time for on the same day with the State general election. holding city election. districts. 8. The common council shall, from time to time, Election divide the wards containing more than six hundred electors into convenient election districts of not more than four hundred electors, designate the place of holding the polls in each district, and fill vacancies in the office of inspectors of elections. No alteration of the election districts shall be made within thirty days of an election. Every ward not subdivided into election districts shall be an election district. Election § 9. The city clerk shall publish in the official paper, notices, how and in three or more other daily newspapers of the city, published. Ballot City. one or more of which shall be a German newspaper, notice of every election to be held under this act, twice a week, for two weeks prior to such election, specifying the day on which the election is to be held, the time of opening and closing the polls, the officers to be elected, the boundaries of the several election districts, and the places of holding the polls therein, § 10. In each district for the election of officers under this act there shall be a ballot-box to be marked "city," in which the ballots containing the names of the city officers voted for, and to be indorsed "city," shall be deposited; also a ballot-box to be marked "ward," in which the ballots containing the names of the ward officers voted for, and to be indorsed "ward," shall be deposited. When a justice of the superior court is to be elected there shall also be a ballot-box to be marked "superior court," in which the ballots containing the name or names of the judges of that court to be voted for, and to be indorsed "superior court," shall be deposited. Upon the closing of the polls the inspectors shall forthwith, without adjournment, canvass the votes, and shall result, how make and certify a statement of the result, specifying the whole number of votes given for each office, and the number of votes given for each person for each office, and shall, on the next day, file such statement and certificate with the city clerk. Superior Canvass and state ment of filed. Common canvass § 11. On the second Monday after every annual election the common council shall convene at their usual place of convene to meeting, at two o'clock in the afternoon, when the city clerk shall lay before them the certificates of the inspectors of election filed with him, and a tabular statement of their results, and the common council shall forthwith canvass the returns and determine therefrom, and certify who received the largest number of votes and are elected to Certificate the several offices. The said certificate shall be made in duplicate, one of which shall be filed in the office of the clerk of Erie county, and the other shall be filed and recorded in the city clerk's office. of election, how filed. Vacancies, how filled. §. 12. If a vacancy occurs in any elective office, the common council may order a special election to fill the same, for the unexpired term, and may by ballot appoint an eligible person to such vacancy, except in the office of alderman, until one shall be elected to and enter upon the office. If a vacancy shall happen ten days before the annual election in any elective office, the unexpired term of which shall be one or more years, it shall be filled for the residue of the term at such election, and the city clerk shall publish, as quickly as possible, notice thereof in the newspapers mentioned in section nine of this title. The ballot shall specify for what vacant term the person is voted for. elections. 13. The city clerk shall give notice of every special Notices of election, to the inspectors of the election districts in special which the polls are to be opened, and shall also publish notice of such election in the manner provided for the annual election. The inspectors shall conduct such elec- Elections, tion, and make and certify the result, in the manner pro- ducted. vided for the annual election. how con council to § 14. The common council, on the Monday following Common a special election, shall meet and determine and certify certify the result, and cause their certificates to be filed and result of recorded, as herein before provided. special election. election 15. The provisions of the general laws of the State, General relating to elections for other than militia and town laws appliofficers, not inconsistent with the provisions of this act, cable. are applicable to all elections held under this act. bonds of officers. gic. The comptroller, attorney, treasurer, engineer, Oficial street commissioner, superintendent of education, police certain justice, justices of the peace and overseer of the poor, shall each execute and file with the city clerk a bond or undertaking to the city, with sureties, in such sum as shall be fixed by ordinance, conditioned for the faithful performance of the duties of their respective offices, and for the accounting for and payment to the treasurer of all moneys belonging to the city received by them, and shall, when required by the common council, execute and file a new bond or undertaking. All other officers and persons appointed by authority of this act may, by ordinance, be required to give a like bond or undertaking. The bond or undertaking of the comptroller shall contain the Conditions further condition that he will pay over to the persons troller's entitled to it the money paid to him to redeem lands sold bond. for taxes and assessments. of comp acknow § 17. All bonds and undertakings required by this act, Bonds, how or any ordinance passed by virtue of it, shall be acknowl- ledged. edged, and the sureties therein justify, and the certificate Justifica of acknowledgment and the affidavit of justification by sureties. the sureties shall be upon the bond or undertaking. Such tion of Bond, how bond or undertaking shall not be filed without the written approval of the mayor indorsed thereon. approved. Common council to appoint officers. 18. On the first Monday of January, or as soon thereafter as practicable, the common council shall, by certain city ballot, appoint a city clerk, a commissioner of public buildings, clerks of the markets, a sealer of weights and measures, one or more pound keepers, sextons and keepers of public grounds, and may, by resolution or ballot, appoint such other agents and servants as shall be neces Terms of certain officers. City clerk to notify appointees. Oaths of of office. City clerk to report sary. 19. The city clerk, the commissioner of public buildings and the sealer of weights and measures shall hold their office until the first Monday of January after their appointment. 20. The city clerk, as soon as practicable, shall notify in writing every officer of his election or appointment, and of the amount of his official bond or undertaking. If any officer shall neglect for ten days after such notice to take and file with the city clerk his oath of office, or his official bond or undertaking, the common council may declare the office vacant. § 21. All officers, before they enter upon their office, shall subscribe and take the oath of office prescribed by the Constitution, and file the same with the city clerk, andalso the bond and undertaking required of them. 22. The city clerk shall report all officers who shall failures to neglect to file their oath of office or bond or undertaking, as required by this act, to the common council at its next meeting after such default. file oath. Resigna made. § 23. Resignation of office by any person elected under tions, how this act shall be made to the common council, subject to their acceptance. Resignation by any person appointed under this act shall be made to the person or body by whom he was appointed. Mayor to be chief execu His powers and duties. 8 24. The mayor shall be the chief executive officer of tive officer. the city, and shall see that the duties of the various city officers are faithfully performed. He shall have power to investigate their acts; have access to all books and documents in their offices, and may examine them and their subordinates on oath. The evidence given by persons so examined shall not be used against them in any criminal proceedings. He shall also have power to suspend or remove such officers, whether they be elected or appointed, for misconduct in office or neglect of duty, to be specified in the order of suspension or removal; but |