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greater number of names of persons, designated for any office, than there are persons to be chosen at the election to fill such office.

contain.

Sec. 19. The ballot shall contain the names of persons What ballot to designated as officers for the city, and as officers for a district and ward.

in ward where

Sec. 20. At all city elections every elector shall vote in the Electors to vote ward where he shall have resided ten days next preceding the they reside. day of election, otherwise he may vote in the ward from which he removed: Provided, He shall have resided in such ward Proviso. ten days next prior to such removal. The qualifications of electors under this act, shall be those prescribed by the constitution and laws of this State.

cancy to be des

any ignated on bal

lots.

Sec. 21. If at any annual election to be held in said city, Votes to fill vathere shall be one or more vacancies to be supplied in office, and at the same time any person is to be elected for the full term of said office, the term for which each person voted for, for the said office, shall be designated on the ballot.

ceived by in

Sec. 22. It shall be the duty of the inspectors of election, How votes reon receiving the vote as specified in section eighteen, to cause spectors. the same, without being opened or inspected, to be deposited in the proper box provided by the common council for that purpose; the said board shall also write down or cause to be written down, the name of each elector voting at such election, in a poll list to be kept by said inspectors of election, or under their direction.

votes.

Sec. 23. Immediately after the closing of the polls, the in- Canvass of spectors of election shall, without adjournment, publicly canvass the votes received by them, and declare the result; and shall on the same or on the next day make a certificate stating the number of votes given for each person for each office, and shall file such statement and certificate on the day of election, or on the next day, with the clerk of the city.

vassing.

Sec. 24. The manner of canvassing said votes shall be as Manner of canfollows: the inspectors shall proceed to count the ballots, unopened, and if the number of ballots so counted shall exceed

Expenses of election.

Council to de

termine and certify what persons elected.

the number of names of electors contained in the poll list, one of the inspectors shall draw out and destroy as many as the number of ballots exceeds the number of electors contained in said poll list; and if two or more ballots are found rolled or folded up together, they shall not be counted; they shall then proceed to count and estimate said votes as provided in the preceding section.

Sec. 25. The expenses of any election to be held as provided by this act, shall be a city charge, and defrayed in the same manner as the other contingent expenses of the city.

Sec. 26. The common council for the preceding year shall convene on the Thursday next succeeding each annual election, at two o'clock in the afternoon, at their usual place of meeting, and shall determine and certify in the manner provided by law, what persons are duly elected at the said election to the several offices respectively. Such certificates shall be made in duplicate, one of which shall be filed with the clerk of the city, and the other with the clerk of the county of Wash

tenaw.

Officers appointed.

APPOINTMENT, QUALIFICATION, OATH, bond of office.

Sec. 27. The following officers shall be appointed by the mayor, at a meeting to be held on the first Monday in May of each year, viz: One city marshal, five special deputy marshals (one from each ward), one health physician, one fire warden for each judicial district, one pound master for each judicial district. The mayor shall also on the first Monday in May, 1891, appoint, subject to the approval of a majority of the members-elect of the common council, three commissioners of public works, two of whom shall be residents of the first judicial district, one a resident of the second judicial district, one to hold office for the term of one year, one for the term of two years, and one for the term of three years. There shall also be appointed in the same manner annually thereafter one commissioner of public works, to hold his office for the term of three years, but at no time shall more than one of said

commissioners be residents of the second judicial district or more than two residents of the first judicial district. The mayor may also appoint, when he deems it necessary, special policemen to act until the next regular meeting of the common council. The common council shall appoint on the first Monday in May in each year, one city clerk, one city treasurer, one city attorney, one street commissioner, one city surveyor, one chief of the fire department, and also one deputy city clerk on the recommendation of the city clerk and one deputy city marshal on the recommendation of the city marshal, The common council shall also at the same time elect one of their number president of the council, who shall in the absence of the mayor preside at all meetings, and in the absence of the mayor from the city, shall act as and have the powers of the mayor. The appointments made by the mayor except commissioners of public works shall be absolute, the mayor to be responsible therefor, and the power is hereby granted him to remove his own appointees at his pleasure and to appoint others in their places, the mayor to report all removals or appointments by him made, at the first regular meeting of the common council thereafter. The common council may also, from time to time, provide by ordinance for the appointment and appoint for such term as may be provided in any such ordinance, such other officers whose election or appointment is not herein specially provided for, as the common council shall deem necessary for the execution of the powers granted in this act, and may remove the same at pleasure. The powers and duties of all such officers shall be prescribed by ordinance. Any appointment which shall not be made on the day named may be made at any subsequent regular or special meeting of the common council.1

electors."

Sec. 28. No person shall be elected or appointed to any Officers to be office unless he be an elector of the city, and if elected, or appointed for a ward or district, he must be an elector thereof; and no person shall be elected or appointed to any office in Defaulters not the city, who has been or is a defaulter to the city, or to any board of officers thereof, or to any school district, county or

to hold office.

[blocks in formation]

Acceptance of office.

City Clerk to notify officers elected.

What deemed a refusal to serve.

municipal corporation of the State. All votes for, or any appointment of, any such defaulter, shall be void.

Clerk to deliver

to council a list of officers.

List of officers

neglecting to give bond.

When officers

enter upon

Sec. 29. Every person chosen or appointed by the common council, before he enters upon the duties of his office, and within five days after being notified of his appointment, shall cause to be filed in the office of the city clerk a notice in writing, signifying his acceptance of such office.

Sec. 30. It shall be the duty of the city clerk, as soon as practicable, and within five days after their election, to notify the officers respectively of their election.

Sec. 31. If any person elected or appointed under this act shall not take and subscribe the oath of office and file the same as herein directed, or shall not cause a notice of acceptance to be filed as herein directed, or if required by the common council to execute an official bond or undertaking shall neglect to execute and file the same, in the same manner and within the time prescribed by the common council, such neglect shall be deemed a refusal to serve, unless before any step is taken to fill any such office by another incumbent, such oath shall be taken or such acceptance be signified as aforesaid.

Sec. 32. At the expiration of twenty days after any election or appointment of any officer or officers in the city, the clerk of the said city shall deliver to the 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 or notice of acceptance required by this act, and such as shall have omitted to file the same within the time herein prescribed.

Sec. 33. The clerk shall report to the common council the names of such officers as shall have neglected to give the bond and security required by the provisions of this act.

Sec. 34.

All officers elected as herein provided shall enter duties of office. upon the duties of their respective offices on the first Monday of May next following such election, unless otherwise herein

provided. The supervisors of said city shall enter upon the duties of their office immediately after election, and upon filing

their oath of office with the city clerk.

Sec. 35. Any person elected or appointed to any office un- Term of office. der this act shall continue to hold the same until his successor shall be elected or appointed and qualified; and when a person is elected to fill a vacancy in any elective office, he shall hold the same only during the unexpired portion of the regular term limited to such office, and until his successor shall be elected and qualified.

Sec. 36. Resignations by any officers authorized to be Resignations. chosen or appointed by this act shall be made to the common council, subject to their approval.

Peace, oath of

Sec. 37. Justices of the peace elected in said city shall Justices of the take and file an oath of office with the county clerk of the office." county of Washtenaw, within the same time and in the same manner as in cases of justices of the peace elected in townships.

Sec. 38. Every justice of the peace, within the time limited security. for filing his official oath, shall file with the county clerk of said county the security for the performance of the duties of his office required by law in the case of justices of the peace elected in townships, except that said official bond or security may be executed in presence of, and be approved by the mayor; and in case he shall enter upon the execution of his office before having filed his official oath and bond or security, and such other bond or security to the city as may be required by law, or by any ordinance or resolution of the council, he shall be liable to the same penalties as are provided in cases of justices of the peace elected in townships.

Sufficiency of

Sec, 39. The council, or the mayor, or other officer whose duty it shall be to judge of the sufficiency of the proposed sur- sureties. eties of any officer or person of whom a bond or any security may be required by this act, or by any ordinance or direction of the council, shall inquire into the sufficiency of such sureties, and examine them under oath as to their property, such oath

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