§ 374. If a vacancy exist or occur in any elective office in the city, or in any ward, except that of Mayor, Councilman, Alderman or Supervisor, it shall within ten days be filled by appointment by the Mayor, until and including the thirty-first day of December after the next general municipal election, at which election such vacancy shall be filled for the unexpired term. If a vacancy exist or occur in the office of Alderman or Supervisor, it shall be filled by the Common Council at a joint session of the boards composing the same by a viva voce vote. A joint session for such purpose shall be called by the Mayor. The term of the Alderman or Supervisor so elected to fill such vacancy shall continue until and including the thirty-first day of December after the next general municipal election, at which election an Alderman or Supervisor shall be elected to fill the unexpired term. An Alderman or Supervisor so elected by the Common Council to fill a vacancy shall be a resident of the ward in which the vacancy occurs, and the person so elected by the Common Council must be of the same political party as the Alderman or Supervisor whose place he is elected to fill. If a vacancy exist or occur in the office of Councilman, it shall be filled by election by the Board of Councilmen until and including the thirty-first day of December after the next general municipal election, at which election a Councilman shall be elected to fill the unexpired term. If a vacancy exist or occur in the office of Mayor, the president of the Board of Councilmen shall act as Mayor, and possess all the rights and powers, and perform all the duties of Mayor until and including the thirty-first day of December after the next general municipal election, at which election a Mayor shall be elected to fill the unexpired term. While acting as Mayor, the president of the Board of Councilmen shall not serve as a member of the Board of Councilmen.

Thus amended by L. 1895, c. 805, Sec. 24; L. 1902, c. 512, and L. 1905, c. 51.

A vacancy in the office of Councilman has always been temporarily filled by vote of the Board of Councilmen. A vacancy in the office of Commissioner of Public Works has always been temporarily filled by appointment by the Mayor. A vacancy in any other elective office (except Alderman) was temporarily filled, prior to 1902, by viva voce vote of the Common Council in joint session. These temporary elections or appointments originally held until the first Monday in January after the next election; the amendment of 1895 provided that they should hold until the next thirty-first day of December of an odd-numbered year. Prior to 1902, a special election in the ward was held to fill any vacancy in the office of Alderman.

The law of 1902 put the section into the present form, except for a provision that the President of the Common Council should act as Mayor in case of a vacancy in that office. The law of 1905 changed the succession from President of the Common Council to President of the Board of Councilmen.

§ 375. Elections held under this act shall be governed by the general election laws of the state, *where they are not inconsistent with the provisions of this act.

*Remainder of this section superseded by L. 1896, c. 909, the Election Law. The general law now prevails over Charter provisions.

TITLE XVI.

HARBOR MASTER.

§ 376. There shall be a Harbor Master, who shall be appointed by the Mayor, and hold his office for the term of two years, and shall have an office near the foot of Main Street, and shall be in daily attendance therein. Thus amended by L. 1895, c. 805, Sec. 25.

This amendment changed the term of office from three years to two.

§ 377. The Harbor Master shall have jurisdiction over all navigable waters under the control of the city. He shall have authority to direct the location and change of station of every steamboat, sailing vessel, float or other craft therein, and shall enforce the ordinances of the city regulating the use of such waters. In case any steamboat, sailing vessel, float or other craft shall be so placed as to obstruct navigation, and the person in charge

thereof shall refuse to remove it as directed, the Harbor Master shall cause such removal to be made, and the expense shall be a lien on the steamboat, vessel, or float so removed, and may be recovered by the city of the owner by action.

§ 378. He shall enforce the ordinances relating to the navigable waters of the city. He shall report to the Corporation Counsel all violations of such ordinances, and all cases of disobedience to his lawful order, and the Corporation Counsel shall thereupon bring an action to enforce the fine or penalty prescribed for such violation or disobedience.

§ 379. The Harbor Master shall have the exclusive disposition and sale of the right and privilege to cut and remove all ice formed upon the waters under the jurisdiction of the city; and all moneys received by him therefor shall be paid to the City Treasurer, and a report thereof be made by him to the Common Council.

§ 380. Whenever any sunken vessel or wreck shall obstruct the navigation of any navigable water under the control of the city, the Harbor Master shall order the owner or person in charge of such sunken vessel or wreck, to remove the same at once; and, in case his order is not obeyed, he shall cause the removal to be made, and the expense thereof shall be a lien upon the vessel or wreck so removed, and may be recovered by the city, of the owner, by action.

§ 381. The Harbor Master may call upon the Board of Police for such aid to execute his orders as he may require, and the board shall furnish such assistance.

TITLE XVII.

POLICE JUSTICE AND JUSTICES.

§ 382. There shall be elected a Police Justice, who shall hold his office for the term of four years, and who

shall have and execute in the city all powers conferred by law upon justices of the peace of towns, in proceedings in criminal cases, and in the execution of the laws relating to the internal police of this state, and shall also have jurisdiction of the offenses designated by chapter four hundred and nine of the laws of eighteen hundred and eighty-six. He shall take the usual oath of office and file the same with the Clerk of the county of Erie. He shall hold in the city a court, which shall be called the police court, and shall have in respect to offenses committed in the city, all the powers and jurisdiction conferred by law upon courts of special sessions held out of the city and county of New York. It shall also have jurisdiction of the misdemeanors mentioned in this act.

All fines imposed by the Police Justice or by the police court shall be paid by the officer who shall receive them into the city treasury. The Police Justice shall make a monthly report to the Common Council of his doings, and of the fines received by him. Warrants issued in criminal cases, and in the execution of the laws relating to the internal police of this state, shall be returnable before the Police Justice, who shall proceed with the hearing. No person issuing such warrant shall receive any fee therefor. During the sickness, temporary absence, or other inability of the Police Justice to discharge his duties, the Mayor may perform his duties, or may appoint an elector of the city to perform them. Said Police Justice may be removed from office by the Supreme Court, at a general term, as prescribed by the Code of Criminal Procedure.

§383. The Police Justice shall be paid in monthly payments, an annual salary, to be fixed by ordinance, by the Common Council; and shall not receive any other fees or compensation for services as Police Justice.

§ 384. The Police Justice shall appoint a clerk and a deposition clerk, which appointments shall be in writing and filed with the Clerk of the county of Erie. The clerk

appointed under this act shall take the usual oath of office and file the same with the County Clerk, and shall hold office during the pleasure of the Police Justice. The clerk shall keep a complete and accurate record of all the proceedings in said court, and of all moneys received or fines imposed. He shall daily file with the Clerk of the county of Erie records of all convictions in said court, which records shall specifically state the crime and plea of each person convicted in said court. He shall prepare the monthly report to the Common Council prescribed in section three hundred and eighty-two of this act, and shall perform such other clerical duties in connection with the proceedings of said court as shall be prescribed by the Police Justice.

$384a. The Police Justice shall appoint a stenographer, which appointment shall be in writing, and filed with the Clerk of the county of Erie. The stenographer appointed under this act shall take the usual oath of office and file the same with the County Clerk, and shall be the official stenographer of the police court during the pleasure of the Police Justice. He shall also act as private clerk to the Police Justice. In an examination held in any criminal proceeding by the Police Justice, the testimony of each witness may, in the discretion of the said Police Justice, be taken as a deposition by the official stenographer of his court. Such minutes of the testimony when so taken, and when certified by the stenographer and Police Justice, shall, both with reference to such examination, and in all procedure in connection with such examination provided for by any section of the Code of Criminal Procedure not inconsistent herewith, be regarded as actually taken down in writing by such magistrate, and subscribed by the witness or witnesses at such examination. The salary of such stenographer shall be fixed by the Common Council, and shall not exceed twelve hundred dollars per year.

This section added by L. 1900, c. 466, thus amended by L. 1904, c. 555.