§ 2. Section seven of chapter eighteen of the laws of eighteen Repeal. hundred and sixty-two and the whole thereof is hereby repealed.

§ 3. Section nine of chapter eighteen of the laws of eighteen hundred and sixty-two is hereby amended so as to read as follows:

Statement

of canvass.

Canvass by council.

§ 9. Upon the canvass of the vote in each election district being completed the inspectors thereof shall cause a statement thereof so far as relates to the election for officers of the city to be made and signed by them, and shall on the same day or the next day thereafter file the same with the city clerk in the city clerk's office. The clerk shall present the statement to the common council at a meeting of the common council to be held for the The common purpose on the Friday succeeding the election. council shall thereupon determine who, by a plurality of votes, are elected to fill the offices voted for and make and subscribe a certificate thereof in the book of records of its proceedings. The clerk shall thereupon serve upon each person elected to an Notice to office, either personally or at his place of residence, a notice elected. of his election. In case of a failure to elect any officer by reason of a tie vote or otherwise the office shall be deemed vacant and Vacancies the common council, to be composed of the members thereof whose term shall not have expired and the members thereof who shall have been elected at the election in which such failure shall occur, shall appoint a person to fill the vacancy for the remainder of the current civil year, if it be one which the common council is authorized to fill, or order a new election to fill it if it be not.

persons

in office.

city officers

§ 4. Section ten of chapter eighteen of the laws of eighteen hundred and sixty-two, as amended by section one of chapter seventy-three of the laws of eighteen hundred and eighty-three is hereby amended so as to read as follows: All officers of the Terms of city elected by the electors of the city, shall enter upon the duties of their respective offices on the first day of January succeeding their election and continue in office until the succeeding first day of January, excepting the mayor, treasurer, city judge, Excep special city judge, justices of the peace, aldermen and assessors. The mayor and treasurer shall enter upon the duties of their Terms of offices on the first day of January succeeding their election treasurer. and shall continue in office until the first day of January succeeding the second annual election for officers of the city there

mayor and

Justices of peace.

and assess

ors.

officers extended.

City judge, after, except as hereinafter provided. The city judge and special and special city judge. city judge shall enter upon the duties of their offices and hold the same as now provided by the act creating the city court of Utica and acts amendatory thereof. The justices of the peace shall enter upon the duties of their offices on the first day of January succeeding their election and continue to hold office four years from that day, unless elected to fill vacancies in the term of office of a former incumbent, when they shall enter upon the duties of their offices as soon as qualified and discharge Aldermen them for the unexpired term of such former incumbent. Aldermen and assessors shall enter upon the duties of their offices on the first day of January succeeding their election, except as hereinafter provided, and shall continue in office until the first day of January succeeding the second annual election for officers of the city thereafter. An alderman or assessor elected to fill a vacancy in the the* term of a former incumbent shall hold office during such term. The city treasurer, aldermen and assessors elected on the first Tuesday in March, eighteen hundred and ninety-one, shall continue to hold office as such and their terms are hereby extended until January first, eighteen hunElection of dred and ninety-four, but their successors shall be elected on the seventh day of November, eighteen hundred and ninety-three, at the election for officers of the city herein provided for, and shall take office on the first day of January, eighteen hundred and Assessors ninety-four. The assessors elected at the election to be held 1893, terms November seventh, eighteen hundred and ninety-three, as the successors of those whose term would expire on the second Tuesday of March, eighteen hundred and ninety-three, under the law as heretofore existing, shall take office on the first day of January, eighteen hundred and ninety-four, and hold the same until and their term of office shall expire on the first day of sors, their January, eighteen hundred and ninety five. The supervisors elected at the charter election held March first, eighteen hundred and ninety-two, shall continue in office and their terms are hereby extended until the first Monday after the Tuesday next succeeding the first Monday in November, eighteen hundred and ninety-three, when their successors, who shall be elected on the seventh day of November, eighteen hundred and ninety-three, at the election for officers of the city, as herein provided for, shall

successors

in 1893.

elected in

of certain.

Supervi

election

and terms.

So in the original.

aldermen

ors.

take office and continue in the same for the term of one year thereafter; and annually thereafter there shall be elected at such election a supervisor in each ward who shall hold office for one year as herein provided, namely from the first Monday after the Tuesday next succeeding the first Monday in November of each year. The mayor, aldermen and assessors elected at the Mayor, charter election held March first, eighteen hundred and ninety- and assess two, shall hold office until the second Tuesday of March, eighteen hundred and ninety-four, but their successors shall be elected at the election for officers of the city herein provided for to be held on the seventh day of November, eighteen hundred and ninetythree. The mayor, and the aldermen in the odd numbered wards then elected shall take office on the second Tuesday of March, eighteen hundred and ninety-four, and shall hold the same until and their said term of office shall expire on the first day of January, eighteen hundred and ninety-six. The terms of the alder men in the even-numbered wards elected at said election shall expire on the first day of January, eighteen hundred and ninetyfive. Assessors elected at the election to be held November Assessors seventh, eighteen hundred and ninety-three, as the successors of certain. of those whose terms would expire on the second Tuesday of March, eighteen hundred and ninety-four, under the law as heretofore existing, shall take office on the said second Tuesday of March, eighteen hundred and ninety-four, and hold the same until the first day of January, succeeding the second annual election for officers of the city thereafter. The collectors, con- Collectors, stables and inspectors of election elected at the charter election and or held March first, eighteen hundred and ninety-two, and the per- terms. sons now holding such offices, whether so elected or since appointed on account of a vacancy therein, shall continue in office and their terms are hereby extended to the first day of January, eighteen hundred and ninety-four, but their successors Election of shall be elected at the election for officers of the city as herein in 1893. provided for to be held on the seventh day of November, eighteen hundred and ninety-three, and shall take office on the said January first, eighteen hundred and ninety-four.

§ 5. Section twenty-nine of chapter eighteen of the laws of eighteen hundred and sixty-two, as amended by section eight of chapter three hundred and seventy-one of the laws of eighteen

elected in

1893, terms

constables

spectors,

their

successors

May make arrests.

to city

office.

hundred and seventy-six, is hereby amended so as to read as follows:

Aldermen. § 29. The aldermen of the city shall be members of the common council. Every member of the common council shall have the power, and it shall be his duty without warrant to arrest or cause to be arrested persons engaged in his presence in disturbing the public peace or violating any law of the state or ordinance of the city for the preservation thereof, or of good order or morality, and to bring or cause such person to be brought before Ineligible the city court of Utica for trial. No member of said common council hereafter to be elected shall be eligible to, nor shall he hold any other city or ward office or any other office under ⚫r from or connected with the city government. When for any how filled. cause, save a failure of election, there is a vacancy in the office of alderman, and the unexpired term of the former incumbent is less than a year, the common council may, by a majority vote of its members, appoint an elector from the same ward and of the same political party as the former incumbent, to serve out the unexpired term, and such elector so receiving such majority vote of said common council shall forthwith qualify as such alderman, and upon so doing shall be entitled to all the rights, privileges and emoluments of said office.

Vacancies,

Common council.

§ 6. Section thirty-two of chapter eighteen of the laws of eighteen hundred and sixty-two, as amended by section four of chapter twenty-eight of the laws of eighteen hundred and seventy and by section two of chapter fourteen of the laws of eighteen hundred and ninety is hereby amended so as to read as follows: § 32. The mayor and aldermen of the city shall constitute the common council thereof. The common council shall hold Meetings. stated meetings at times to be determined by it from time to time, and special meetings when called by the mayor or by any two aldermen by notice to each member thereof to be served personally or by leaving the same at his place of abode at least three hours before the time stated in the notice for holding the meeting. The majority of its members shall constitute a quorum for the transaction of business, but in case from any any time, there shall be in office a less number of aldercause, at men than shall or may be necessary to make such a quorum then a majority of the aldermen in office acting in council, or the mayor shall have power to and shall order special elections to

Quorum.

Special elections to fill vacan

cies.

Mayor,

vote.

ing in 1893.

fill the vacancies in the office of aldermen, to be held in the manner prescribed in this act. The common council shall, at its President. first stated meeting, which shall be on the first Tuesday in January, select and appoint from its members a president for the year, and in case of a vacancy supply his place. The president shall shall* preside at all the meetings of the common council and have the right to vote and speak on all questions the same as any other alderman. He shall be vested with the powers and execute the duties of the mayor during his absence from the city or his inability to perform the duties of his office, or during a vacancy in the office. In case of the absence or inability of the president, the common council shall appoint from their number a temporary president. The mayor shall be entitled to be pres- When may ent at all meetings of the council and take part in the proceedings thereof, but shall have no vote, except in case of a tie vote in the election or appointment of officers or committees by the common council. The first stated meetings of the common First meetcouncil, as herein defined, for the year eighteen hundred and ninety-three, shall be held on the second Tuesday in March as heretofore, and the officers then elected or appointed by said council Terms of shall continue in office until the first Tuesday in January, eighteen the hundred and ninety-four, and until their successors are elected or appointed. At the first stated meeting of the common council, President, as herein defined, for the year eighteen hundred and ninety-four, of, in 1894 there shall be selected a president of the common council to serve until the second Tuesday in March, eighteen hundred and ninetyfour, on which day the common council shall meet and select, elect or appoint, as the case may be, and as authorized and required by the charter of the city of Utica, a president of the common council, to serve until the first Tuesday of January, eighteen hundred and ninety-five, and until his successor is selected, and the various officers named in section thirty-four selection of chapter eighteen of the laws of eighteen hundred and sixtytwo, as amended by chapter five hundred and thirty-nine of the laws of eighteen hundred and eighty, except that the term of the clerk then elected shall expire on the first Tuesday in January, eighteen hundred and ninety-seven.

§ 7. Section forty-three of chapter eighteen of the laws of eighteen hundred and sixty-two, as amended by section two of

*So in the original.

officers

elected.

selection

Officers,

of, in 1894.