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state shall take judicial notice of the fact of the city being a city of the second class, and of all steps taken to make it such, and of the corporate limits thereof. [R. S. 1889, Sec. 1264.

SEC. 3. Wards of city, how changed. Whenever the corporate limits of any city of the second class shall be altered or extended, and whenever the population of any such city, or of any ward or wards thereof, has been or may be so increased or diminished as to render, in the opinion of the common council, a division or redistricting of the corporation into wards, or a change in the boundary of any ward or wards necessary, the same may be done by ordinance at some regular meeting of the common council. [R. S. 1889, Sec. 1257.

SEC. 4. Same.-Upon any ordinance for such purpose being introduced into the common council, the latter shall, before final passage thereof, by resolution, require the city clerk to publish a copy of the ordinance in at least one daily newspaper published in the city, to be designated in the resolution, for at least three weeks within the four weeks next after the passage of such resolution. After such publication, proof thereof shall be made and filed with the city clerk, and if the common council shall be satisfied that such publication has been made, it shall by a vote so find, and the city clerk shall make a record of such finding in the book for record of the current proceedings of the common council, which record shall be conclusive evidence of the truth of the fact so found. If · such ordinance be passed by the common council at the first or second regular meeting after such publication and finding, and not later, and duly approved by the mayor, the same shall thereafter be in force until repealed or altered. Any such ordinance shall be subject to amendment before such publication thereof, but not later. [R. S. 1889, Sec. 1258.

SEC. 5. Annexed territory to be organized into new ward.—When territory is annexed to any city of the second class, pursuant to subdivision number XLIII of section 1255, the common council shall, by ordinance, organize the

same into a new ward or wards, or attach the same to some existing ward or wards, long enough before the next ensuing general city election to enable electors in such annexed territery to register, and all other proper steps to be taken according to law, so that electors of such annexed territory may have full opportunity to register and vote at such election. Actual residents of any territory at the time of the annexation thereof to any city of the second class according to this article shall, if otherwise qualified and duly registered, be qualified electors or voters of the city, and be eligible to any office therein at the next general city election following such annexation. In case of redistricting or division of the city into wards, creation of any new ward or wards, or change of boundary in any ward or wards, every qualified elector or voter residing in any ward at any general city election next thereafter shall, if otherwise qualified and duly registered, be a qualified voter of the city, and be eligible to any office therein. [R. S. 1889, Sec. 1259.

SEC. 6. Wards not to be changed, when.-Territory shall not be annexed to any such city within four months next preceding any general city election, nor shall there be a redistricting or division of the city into wards or change of boundaries of any ward or wards, or creation of any new ward or wards, within two months next preceding any general election. [R. S. 1889, Sec. 1260.

SEC. 7. To be of adjacent territory and numbered.—All wards which may be hereafter established shall be composed of adjacent and compact territory, and the several wards at the time of redistricting shall contain as nearly an equal number of inhabitants as may be practicable. The wards shall be numbered consecutively from one up to the highest number thus established. [R. S. 1889, Sec. 1261.

SEC. 8. Election of aldermen, when.-Whenever any change in the number of any ward, or alteration in the boundaries of any ward shall be made, or new ward shall be established, there shall be no election of alderman in such

wards until the next regular election for corporation officers. [R. S. 1889, Sec. 1262.

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SEC. 9. Aldermen to fill out term for which elected. Nothing herein contained shall be construed to limit or abridge the term of office which any alderman may be elected to fill, but every alderman shall be deemed and taken to be, for the residue of the term for which he may have been elected, an alderman of that ward in which his actual residence and place of abode may be, at and after any division of the city into wards, or creation of any new wards, or change in the boundaries of any ward or wards. [R. S. 1889, Sec. 1263.

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SECTION 1.

Council how composed and elected.The legislative functions of cities of the second class shall be vested in a common council, composed of two aldermen from each ward and resident therein, one of whom shall be elected by the qualified voters of the city at large, the other by the qualified voters of each ward respectively, so that one half of said common council shall be chosen by the qualified voters of the city at large, and the other half by the qualified voters of the respective wards. Such aldermen shall hold their office for two years, and until their successors shall be duly elected and qualified. The aldermen elected by the qualified voters of the city at large shall be voted for at the general election to be held on the first Tuesday after the first Monday in April, 1890, and every two years thereafter, and those elected by the qualified voters of the wards respectively shall be voted for at

an election held in each of the wards on the first Tuesday after the first Monday in April, 1891, and every two years thereafter. [R. S. 1889, Sec. 1238.

SEC. 2. Aldermen, qualifications of.-No person shall be eligible to the office of alderman until he shall have resided in the city for the period of one year, and in the ward from which he is chosen six months next preceding his election, and have paid therein a city tax, and not less than twenty-one years of age, a citizen of the United States and a qualified voter of the city, and not in arrears in the payment of any tax or other liability due such city, or directly or indirectly interested in, or partner of, or interested with any one interested in any contract with the city for any public work, or for furnishing any supplies to the city or any of its institutions. [R. S. 1889, Sec. 1239.

SEC. 3. Oath of office.-Before any alderman shall take his seat in the common council, he shall take and subscribe an oath that he will support the constitution of the United States and of this state, and the provisions of this article; that he will faithfully discharge the duties of his office, and that he possesses all the qualifications required by this article, and is not subject to any of the disqualifications herein contained. [R. S. 1889, Sec. 1240.

SEC. 4. Office deemed vacant, when.-Any alderman who ceases to possess any of said qualifications shall be deemed thereby to have vacated his office. [R. S. 1889, Sec. 1241.

SEC. 5.

President: council to be judge of election returns.-The common council shall elect one of its own members to be president thereof, and shall be the judge of elections, returns and qualifications of its own members, and shall determine all contested elections thereof. [R. S. 1889, Sec. 1242. *

* Contested elections governed by Sec. 4706 R. S. 1889. Amended Laws 1895, p 172

SEC. 6.

Cases of tie vote.-Whenever there shall be a tie in the election of an alderman, the judges of the election shall certify the facts to the common council, and the parties named in such certificates shall immediately, in the presence of the common council, determine by lot their respective rights. [R. S. 1889, Sec. 1253.

SEC. 7.

Vacancies. All vacancies that may occur in the common council, from any cause, shall be filled by elections of the people, in such manner as may be prescribed by ordinance; and if any alderman shall, after his election, remove from the ward from which he was elected to the said common council, his office shall thereby be declared vacant. 1889, Sec. 1252.

[R. S.

SEC. 8. Ineligible for other office. No alderman shall, during the term for which he is elected, be appointed to any office under the city, nor shall any alderman, while such, be an employe of the city in any capacity whatever. [R. S. 1889, Sec. 1251.

SEC. 9. Compensation of councilmen.-Each member of the common council in any city of the second class shall receive for his services as councilman the sum of four dollars per day for each day he shall serve while in session as such councilman provided, however, that no extra pay shall be allowed for serving on any committee, agency or commission whatever, when appointed to perform such service by the common council during his term of office, and in no case shall the aggregate sum paid such councilman for his services, above enumerated, exceed the sum of three hundred dollars per annum. [Laws 1891, p. 50.

SEC. 10. Council meetings, when held.—The common council shall hold a meeting on the third Monday in April in each year after the qualification of its members elect, and thereafter on the first Monday of each and every month in the year, which shall be known as the monthly regular meeting; and the common council at any time, when in session, can, on

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