ARTICLE II. SECTION 1. An election shall be held in said city on the first Monday in November, A. D. 1876, and on the first Monday in November of every year thereafter, at such place or places as the city council may direct, and of which thirty days' previous notice shall be given in one or more newspapers of said city, or by posting five written or printed notices thereof in conspicuous places in said city; said election shall be ordered by the city council or mayor. For the purpose of holding said election, and others ordered, the city council shall appoint three competent and suitable persons as judges of said election. The judges of elections shall appoint two clerks, or more if necessary. The above named judges, and clerks appointed by them, shall be managers of election in said city. The above named managers of election shall take the same oath as directed for managers in State or county elections, and such addition[al] oath as the city council may prescribe to insure fairness in said election. The above named judges and clerks must be qualified voters in said city. The city council shall provide for their compensation, and by '[by] ordinance regulate and define their powers and duties, and determine the hours of opening and closing the polls. The mayor, whenever an election is ordered, shall give the required notice, and issue to the judges a writ of election, and every published notice of election shall state the officer or officers to be elected, the place where the election will be held, and the name of the judges thereat. In case the judges so appointed are unable, fail, or refuse or neglect to act, the mayor shall make another appointment, and in case no appointed officers to act as judges appear, or should any of the judges fail to appear to open the polls, the qualified electors may appoint such officer or officers, who shall perform the same duties, and shall have like power and authority to act as a first appointee or appointees; but in such case, the managers, in their returns, or otherwise, shall certify that the appointed officer or officers failed to attend or neglected to act, and that the person or persons acting as such was duly chosen by the electors present. The above officers shall take the same oath as 'Repetition in enrolled bill. required by the laws of the State or county for officers holding elections. The city council are hereby empowered to lay off said city into wards whenever they may deem it necessary for the interests of said city, and designate additional voting places, and judges to preside at elections at the same; provided, that the present mayor and board of aldermen shall hold their offices for four years from the date of their election. The first election held under this charter shall be held on the first Monday in November, eighteen hundred and seventy-six (1876), and annually thereafter on the first Monday in November. ARTICLE III. SECTION 1. At the first election held under this charter, there shall be elected by the qualified voters of said eity, voting by ballot, a mayor, who shall hold his office for one year from the date of said election, and until his successor shall be elected and qualified. At the first election under this charter, there shall be elected by the same voters, five aldermen, or if laid off into wards, one alderman from each ward, who shall hold their offices for one year from the date of their election. SEC. 2. In case the person elected mayor shall refuse to accept the office, the city council, mayor or acting mayor, shall order another election; and in case of vacancy in the office of mayor, by death, resignation, removal or otherwise, it shall be filled for the remainder of the term by a new election, to be ordered by the acting mayor or city council; and in case of a vacancy in the board of aldermen, by a refusal to accept, or to qualify, or by death, resignation, removal or otherwise, the mayor or acting mayor, or city council, shall order a new election to fill the residue of the unexpired term. And all special elections shall be conducted in the same manner as herein provided for the regular election; provided, that in special elections, five days' notice thereof shall be deemed sufficient; provided, further, that cumulative voting shall be allowed for aldermen. ARTICLE IV. SECTION 1. The manner of conducting and voting at elections to be held under this act, and contesting the same; the keeping of the poll lists, canvassing of the votes, and certifying the returns, shall be the same, as nearly as may be, as is now, or may hereafter be provided by law, at general State elections; provided, the city council shall have full power and authority to regulate elections, and pass all ordinances in relation thereto, not inconsistent with the general laws of the State, which they may deem proper and necessary, and to prescribe what action shall be had, in the event of there being no regular election, or a failure to elect the officers, or any of them, for which any election was held or ordered. The voting shall be by ballot, and the managers shall take the same oath, and have the same power and authority as managers of general State elections. After closing the polls, the ballots shall be counted in the manner required by law, and the returns, including the ballots, shall be returned, sealed, to the city council, within three days after the election; and within five days from any election, the city council shall meet and canvass the same, and declare the result of the election. It shall be the duty of the city clerk, or person acting in that capacity, to notify all persons elected or appointed to office of their election or ap pointment, and unless such persons shall, respectively, qualify within five days thereafter, the offices shall become vacant. The city council elect shall meet at the usual place of meeting, at four o'clock P. M., on the second Wednesday after the first Monday of November, or as soon thereafter as possible, and be installed under the provisions of this act. ARTICLE V. SECTION 1. That every person, not disqualified by law, who shall have attained the age of twenty-one years, and is entitled to vote for members of the Legislature of this State, and is duly registered, and shall have resided within the limits of the said city for six months next preceding the election, shall be entitled to vote for mayor, aldermen, marshal, and assessor and collector of said city; provided, that no person belonging to the regular army or navy of the United States shall be so entitled, nor shall any person vote who has not paid all taxes due from him to said city. ARTICLE VI. SECTION 1. The managers of election shall be sworn to well and truly conduct the election, without partiality or prejudice, and agreeably to law, according to the best of their skill and understanding, which oath shall be administered by the mayor of the city, or any justice of the peace. The judges of election, thus qualified, shall have power to administer oaths necessary in the performance of their official duties. When any person, offering to vote, shall be objected to by any one qualified to vote at such election, the managers shall examine him, on oath, touching the points objected to, and may hear such other evidence as they see proper, and if he fail in establishing his qualifications to their satisfaction, his vote shall be rejected. ARTICLE VII. SECTION 1. In the event of a failure to meet, on the part of the city council, to examine the election returns and declare the result, the mayor shall discharge that duty. ARTICLE VIII. SECTION 1. No person shall be eligible to the office of mayor, alderman, or any other office in said city, unless he be a qualified voter therein, and has paid all taxes assessed against him by said city. POWERS AND DUTIES OF OFFICERS.-ARTICLE I. SECTION 1. Every person elected, by the voters of said city, to fill any office, or by the city council, under this act, shall, before he enters on the duties of his office, take and subscribe the official oath prescribed in the Constitution of this State; and the city council may, by ordinance, require such additional oath as they may deem best calculated to secure faithfulness in the performance of their duties by such officers. ARTICLE II. SECTION 1. The mayor of the city shall be taken and deemed to be ex officio chief of police within said city, and as such he shall maintain peace and good order. He shall be the chief executive officer of said corporation, and shall be vigilant and active, at all times, in causing the laws and ordinances for the government of said city to be duly executed and put in force. He shall inspect the conduct of all subordinate officers in the government thereof, and, as far as it may be in his power, shall cause all negligence, carelessness and positive violations of duty to be prosecuted and punished. He shall have power, whenever in his judgment the good of the city may require it, to summon meetings of said city council, and he shall, from time to time, communicate to that body all such information, and recommend all such measures, as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort, ornament, and good government of said city. ARTICLE III. SECTION 1. That whenever the mayor shall deem it necessary, in order to enforce the laws of the city, or to avert danger, or protect life or property, in case of riot, or any outbreak or calamity, or public disturbance, or whenever he has reason to fear any serious violation of law or order, or any outbreak, or any other danger to said city or the inhabitants thereof, he shall summon into service, as a special police force, all, or as many citizens as in his judgment and discretion may be necessary and proper; and such summons may be by proclamation, or order, addressed to the citizens generally, or those of any ward of the city, or subdivision thereof; or such summons may be by personal notification. Such special po- · lice, while in service, shall be subject to the orders of the mayor, shall perform such duties as he may require, and shall have the same power, while on duty, as the regular police force of said city; and any person so summoned, and failing to obey, or appearing and failing to perform any duty that may be required by this act, shall be fined in a sum not exceeding one hundred dollars. ARTICLE IV. SECTION 1. The mayor shall preside over the meeting of the city council, but shall have no vote, unless there is |