Notice. piration of terms. Term Common council, number and qualifications. elect of said council before the joint convention of the two branches of the city councils, on the Wednesday succeeding the city election for mayor; for the offices of city treasurer, city auditors and members of councils, to the mayor, who shall present the returns for members of the councils at the time fixed, on the Tuesday succeeding the city election, for their organiza tion, to the respective bodies, and the returns for the other offices to the joint convention of the councils, on the Wednesday succeeding the city election of said officers; for the office of alderman, the return shall be made in the manner now provided by law in the case of elections of justices of the peace; and for all the other offices, in the manner now provided by law in such cases; and the said officers shall give notice to the persons elected in their respective wards. Members of seSECTION 9. That the select council shall consist of one memlect council, ber from each ward, who shall have the same qualifications as qualifications of. are required by the constitution of this commonwealth for memPresent members bers of the Senate. The present members shall continue in in office until ex- office for the wards in which they reside until the expiration of their respective terms, unless sooner vacated; and the qualified voters of each ward in which the terms of members shall exTime of election. pire, shall annually, on the third Friday in March, elect one member, qualified as aforesaid, to serve for three years from the Tuesday succeeding the respective city elections. The common council shall consist of one member for every three hundred taxable inhabitants of each ward, and one member for every fraction of three hundred taxable inhabitants exceeding in number two hundred, who shall have the same qualifications as are required by the constitution of this commonwealth for members of the House of Representatives, and shall be elected by the qualified voters of each ward for the term of one year from the Tuesday succeeding the respective city elections; and the common council Power to regu shall have power to regulate the number of common councilmen to be chosen from each ward, from time to time, being governed in the discharge of that duty by the ratio of representation as prescribed aforesaid; and the number of taxable inhabitants of each ward shall be determined from the returns of the assessors for city purposes in the preceding year: Provided, That no member of the state legislature, nor any one holding office or employment from or under the state at the time of said elec tion, shall be eligible as a member of said councils; nor shall sany member of said councils, during the term for which he shall be elected, hold any office or employment herein created or provided for, of a municipal character. Election and term. late number hereafter. Proviso. Meeting of couneils. SECTION 10. That the members of the select and common councils, elected on the third Friday in March, one thousand eight hundred and sixty-one, shall meet at the house provided for their accommodation in said city, between the hours of one and four o'clock in the afternoon of the Tuesday succeeding their election, and shall then and there organize in separate chambers; each council, by a majority of votes, shall elect a Election of offi- president and such other officers as may be deemed necessary for the transaction of business; and the members of the councils elect shall meet as aforesaid, on the Tuesday succeeding the third Friday in March, in each year thereafter, with those whose cers. terms have not expired, and shall take the oath of office and city, and erect thereon a city hall and lock-up for the use of said city. SECTION 11. That the members of the select and common Oaths to be adcouncils shall each be sworn or affirmed to support the consti- ministered. tution of the United States, and of the commonwealth of Penn*sylvania, and that they will discharge the duties of their office > with fidelity; that the president elect of each branch shall also be sworn or affirmed to perform the duties as president aforesaid with fidelity, which oaths or affirmations shall be administered to him by a member appointed for that purpose of the respective branch, and the president so sworn or affirmed, shall administer the oaths or affirmations to the members elect and officers of their respective branches. SECTION 12. That each council shall judge of the qualifica- Council to judge tions of its members; and contested elections shall be deter- of qualification of members, &c. mined by a committee, to be selected, formed and regulated in such manner as shall be directed by law or ordinance of said city; a majority of each council shall constitute a quorum to Quorum. do business, but a less number may adjourn from time to time, and have power to compel the attendance of absent members, May compel atunder such rules and penalties as may be provided. tendance. SECTION 13. That each council may determine the rules of May make rules. its proceedings, which shall, however, not be inconsistent with any joint rule that may be adopted by the two branches of said councils; and each branch shall have power and authority to racate the seat of any of its members for misbehavior, neglect Power to vacatë of duty or other misdemeanor; each branch shall keep a journal seat. of its proceedings, which shall be at all times open to public Journal of proinspection, and the yeas and nays of the members on any ques- ceedings. tion shall, at the request of any two of them, be entered on the passage of bills journals, and that all the voting in the said select and common Shall vote viva councils, or in any convention of the same, shall be viva voce, voce, and on final and on the final passage of a bill or resolution, the votes shall yeas and nays to be taken by yeas and nays. be taken. SECTION 14. That whenever a vacancy or vacancies shall Vacancies, mode happen in either branch of said councils, by death, resignation, of filling. removal from the ward or otherwise, such branch shall order an election to fill such vacancy or vacancies, to be held in the proper ward or wards, at such times as shall be by such council respectively appointed, giving at least ten days' public notice of such election. SECTION 15. That the said select and common councils shall Business meetassemble for the transaction of business on the second and last ings, when held.. Saturdays of every month in each year, and at such other times as they may deem it necessary; which meetings shall be at all times open and accessible to all citizens deporting themselves with order and decorum. SECTION 16. That the legislative powers of the said city shall Powers vested in be vested in the said select and common councils, who shall councils. have full power and authority to make, ordain, constitute and establish such and so many laws, ordinances and regulations as they shall deem to be necessary to preserve and promote the Bubject to. Proviso. Proviso. Approval of mayor, relative to. Two-thirds of council may pass bill not signed. peace, good order, health, benefit and convenient government of the said city, subject to the approval of the mayor, as hereinafter provided, and to annex penalties not exceeding one hundred dollars, for the breach thereof, and the same to enforce, put in use and execution, by the proper officers, and at their plea sure to repeal, alter and make anew, as occasion may require: Provided, That the same shall not be inconsistent with the constitution and laws of the United States, or of this commonwealth: Provided also, That it shall not be lawful for councils at any time to pass an ordinance, or by other means provide, for the payment of any money in the shape of per diem pay or compensation of any kind for services rendered by them in their capacity as councilmen, or members of committees emanating from councils. SECTION 17. That every bill for a law or ordinance which shall have passed both branches of the councils shall be presented to the mayor. If he approve, he shall sign it; but if he shall not approve, he shall return it, with his objections, to the council in which it originated, which shall proceed to re-consider it. If, after such re-consideration, two-thirds of that council shall agree to pass the bill, it shall be sent, with the objections, to the other council, by which likewise it shall be re-considered; and if approved by two-thirds of that council also, it shall be a binding law or ordinance, upon the conditions hereinafter mentioned being complied with. In such case the votes of both councils shall be determined by yeas and nays, and the names of the members voting shall be entered on the journals of each branch respectively. Every such bill which shall be presented Bill not returned to the mayor, and not so returned by him at the next stated shall take effect. meeting of the councils, shall take effect as if it had been ap Exception. Ordinances to be published in newspapers. proved by him, unless such bill shall have been presented to the mayor within five days of such next stated meeting, in which case he shall have the right to return the same at the stated meeting succeeding the one mentioned aforesaid. SECTION 18. That all laws or ordinances which shall be approved by the mayor, passed by two-thirds, without his approval, or become a law by neglect in returning the same, shall be pub lished in one or more of the public newspapers published in said city, within twenty days from and after being severally approved, passed by two-thirds or become a law; and the publication thereof respectively, with the times thereof, shall be proved by Proof of publica- the oath or affirmation of the clerk of the select council, and tion necessary. shall at all times be deemed and taken as sufficient evidence of the time and of such publication; and the said laws and ordinances, together with the affidavit of the publication thereof, To be recorded. shall be recorded by the clerk of select council in a book pro vided for that purpose, within forty days from and after being so as aforesaid approved, passed by two-thirds or become a law; and any such law or ordinance which shall not be published and recorded as aforesaid, shall be null and void. Orders or resolu tions to be binding without ap proval of mayor. SECTION 19. That it shall not be necessary for any order or resolution of either branch, or to which the concurrence of both branches of the councils may be required, to be presented to the mayor for his approval, but the same shall be binding for all purposes. The councils may transact business by an order or resolution, and every such order or resolution shall be filed in the archives of said city, and shall be evidence for the purposes therein contained. SECTION 20. That the qualified voters of the city of Reading Mayor, election shall, on the third Friday in March, one thousand eight hundred of. and sixty-one, and on the third Friday in March in every second year thereafter, elect one able and discreet person, to serve as mayor of the said city, for the term of two years, and until his Term. successor shall be elected and duly qualified. He shall be at least thirty years of age, a citizen of the United States, and have resided four years next preceding his election within the Qualification. said city. He shall take the usual oath of office in the presence administered. of the councils, to be administered by the president of the select Oath of office, or common council, between the hours of one and four o'clock, how and when post meridian, on the Wednesday next succeeding his election, if the same shall, within that time, be approved, and shall give security to the city of Reading in such sum as may be fixed and Security to bo determined upon by the city councils, for the payment of all given. moneys coming into his hands for fines and penalties, in accord ance with the law or ordinances under which the same may be recovered. ceeding. SECTION 21. That any citizen of said city qualified to serve Contested elecas mayor, desiring to contest the election of the person returned tion, mode of proelected as mayor, shall present his petition, setting forth the reasons for contesting the same, to the president of the convention of the city councils on the Wednesday succeeding the election of mayor. The said petition shall be signed by at least ten qualified electors of said city, accompanied by an affidavit taken and subscribed before some person having authority to administer oaths, that the facts stated in such petition are true to the best of their knowledge and belief; whereupon the said convention shall present and examine the facts, for which purpose they may adjourn from day to day, hear testimony, and decide within ten days which of the persons is duly elected; and the person in whose favor it shall be decided shall be duly qualified to serve as mayor, or if the said convention should deem it proper to set aside the election, they shall order a special election for Special election, said office, to be held within twenty days from and after the relative to. determination of said contested election, which shall be conducted in the manner prescribed, and return thereof made as directed in this act, on the third day next following the same; and the person ascertained as having the highest number of Votes at such special election shall be duly qualified to act as mayor for the remainder of the term for which he shall have been elected; and whenever a vacancy shall occur in the office Vacancy, how of mayor, by the refusal or omission to serve by any person elected as aforesaid, or by the death, resignation, removal from the city or otherwise, it shall be the duty of the councils, in joint convention, forthwith to elect a person qualified as aforesaid, to serve as mayor, who shall continue in office until the Wednesday succeeding the next city election, or until his sucressor shall have been duly declared elected and qualified. In filled. ease of the temporary absence or inability of the mayor to act, Absence or inathe councils shall appoint a mayor, to serve until he shall re- bility. sume the duties of the office. Powers and duties of mayor. SECTION 22. That the mayor of said city shall be the chief executive magistrate thereof, and shall be, ex-officio, a justice of the peace within the city. It shall be his duty to be vigilant and active in causing the laws of this commonwealth, and the laws and ordinances of said city, to be executed and enforced therein; and in order to enable him more effectually to preserve the peace and good order of the city, all the powers given to sheriffs of this commonwealth to prevent routs, riots and tumultuous assemblies are hereby conferred upon him. He shall also communicate to councils at the first stated meeting in the month of January of each year, and oftener, if deemed expedient, the condition of the city in relation to its government, finances and improvements, to recommend the adoption of all such measures as the business and interests of the city may, in his opinion, require. The councils shall fix the number of police number of police constables and watchmen; and the mayor shall nominate, and watchmen. by and with the advice and consent of the select council, apMayor to appoint point the said police officers and watchmen, and at his pleasure control the same. dismiss all or any of them, and in like manner all vacancies Council to fix constables and Jurisdiction of mayor. shall be filled. The police constables and watchmen shall obey the orders of the mayor, and make report to him; and which reports shall be laid before councils by him whenever required, and shall exercise a constant supervision and control over the conduct of the police constables and watchmen, and receive and examine all complaints preferred against them in the discharge of their duties, and report to councils. SECTION 23. That the mayor of said city shall have power to try, judge, hear and determine all actions or prosecutions for penalties, fines or forfeitures imposed by virtue of the laws of this commonwealth, or by virtue of the laws and ordinances of the said city of Reading, as fully and in the same manner, and with the same rights and privileges as justices of the peace by the laws of this commonwealth now have or hereafter may have the power to do; and the said mayor shall have, hold, enjoy and exercise the criminal jurisdiction of a justice of the peace in regard to offences of whatever nature, as fully as the same is had, held, enjoyed and exercised by any justice of the peace of this commonwealth by virtue of the laws thereof. He shall also have power to commit to the prison of Berks county, for a term not exceeding thirty days, any dissolute person or persons who may be detected in reveling in the highways, committing any mischief, or otherwise behaving in a disorderly manner, to the disturbance or annoyance of the peaceable inhabitants of said city. He is also hereby empowered, during his continuance in office, to receive and take the acknowledgments of all deeds, mortgages and other instruments of writing, as fully and effectually as the judges of the several courts of common pleas and justices of the peace of this commonwealth now have or may hereafter have, and also full power and authority to administer oaths and affirmations in all cases, matters and things whatsoever, as justices of the peace now have by virtue of their said offices, and if required, to use the official seal in attestation Fees of, relative thereof; and shall receive the same fees for services rendered in the exercise of his jurisdiction, as are by law allowed to the justices of the peace of this commonwealth for similar services. May take acknowledgments of deeds, &c. to. |