grounds of the Michigan Southern and Northern Indiana railroad company; thence westerly, following the north line of said depot grounds, to the center of Clay street; thence south, in the center of Clay street, to the south line of section twenty-one. The second ward shall embrace all that portion of the city lying Second. north of Chicago street and easterly of a line commencing at the intersection of the center of Chicago street with the center of Marshall street; thence north, in the center of Marshall street, to its intersection with the center of Grand or Battle Creek street; thence north-westerly, in the center of Grand street or Battle Creek road, to the north line of section sixteen. The third ward shall embrace all that portion of the city lying north Third. of the center of Chicago street, and not included in the second ward. The fourth ward shall embrace all that portion of the Fourth. city lying south of the center of Chicago street, and not included in the first ward.

tion.

Sec. 4 The following officers shall be elected from among the city officers. electors of said city, to wit: one mayor, one clerk, one treasurer, one marshal, one street commissioner and one collector, who shall be elected annually and shall hold their offices for one Terms. year, and until their successors are elected and qualified; there shall also be elected, annually, one justice of the peace, who Justices. shall hold his office for the term of four years, commencing on the fourth day of July next after his election: Provided, That at the first election under this act, there shall be elected four Classificajustices of the peace for said city, one for the full term of four years, one whose term of office will expire on the third day of July, eighteen hundred and sixty-four, one whose term of office will expire on the third day of July, eighteen hundred and sixty three, and one whose term of office will expire on the third day of July, eighteen hundred and sixty-two; the terms of office of the justices of the peace, elected for other than the full term, shall commence immediately on the filing of their bonds and taking the oath of office; the term for which each justice is elected, shall be expressed on the ballot.

Sec. 5. There shall also be elected, at the same time, in the

Alderman.

several wards, from among the electors thereof respectively,

Supervisor, one supervisor, one alderman and one constable; the said alderConstable. man to hold his office for two years, and the said supervisor

Terms.

Proviso.

Annual elections.

Notice.

Clerk of elections.

and constable for one year, and until their successors are elected and qualified: Provided, That at the first election under this act, two aldermen shall be elected in each ward, one for the term of one year, and one for the full term of two years; and that the term for which said aldermen are elected at said first election, shall be designated on the ballots; all city and ward officers shall be voted for upon one ballot.

Sec 6. The annual elections, under this act, shall be held on the first Monday of April, in each year, at such places in each of the several wards as the common council shall designate, notice of which shall be given by the clerk, at least eight days before the election, by posting the same in three public places in each ward, and by publication in two of the weekly newsInspectors. papers published in said city; the supervisor, who shall be chairman, and aldermen of each ward shall be the inspectors of such election, and they shall also be inspectors of the State and county and all special elections. The said inspectors shall, before opening the polls at any election, appoint some person to act as clerk of said election; and in case of the absence of one or more of such inspectors, the electors present may choose, viva voce, from their number, one or more to fill such vacancy or vacancies, to whom, and to such clerk, shall be administered the constitutional oath, by either of said inspectors, or by any justice of the peace of said city. The manner of conducting all elections, and canvassing the votes, and the qualifications of electors in the several wards, shall be the same as in townships, the word "ward" instead of "township" being used in the oath to be administered to an elector, in case his vote shall be challenged; and also in the making of all certificates or statements of and concerning such elections: Provided, That at such charter elections the said ward inspectors shall make one certificate of the number of votes given for each person for the several offices to be filled in said city, and also of the offi

Oath.

How con

ducted.

Certificates.

cers in and for their respective wards, which certificate shall be within twenty-four hours filed in the office of the clerk of said city; and upon the Thursday next following the day of such election, the common council shall meet at the office of the Canvass. clerk of said city, and thereupon determine who, by the greatest number of votes given in the several wards, are duly elected to fill the respective city and ward offices; and it shall be the duty of said clerk, immediately after such determination, to cause notice to be given to each of the persons elected of their Notice to election, and each of said officers so elected and notified, shall, elected within ten days thereafter, take and subscribe the constitutional oath of office, before any person authorized to administer oaths, Oath. and shall deliver the same to the said clerk, who shall file the same in his office: Provided, That in case of the election of one Justices of or more justices of the peace, the said clerk shall make a certificate thereof, and cause it to be delivered to the clerk of the said county of Branch, in the same manner as is required of township clerks; and in case two or more shall receive, for the Proceedings same city or ward office, an equal number and a plurality of the tie. votes given at such election, the common council shall immediately proceed to determine by lot between the persons so receiving the highest number of votes, which shall be considered elected to such office; and in case any of the officers so elected Neglect to qualify. and notified shall neglect, for the term of ten days, to qualify as aforesaid, or to give such security as the provisions of this act, or the by-laws or ordinances of the common council of said city shall require, the office shall thereby become vacant.

the peace.

in case of a

Common

Sec. 7. The common council shall have power to appoint a Powers of chief and two assistant engineers for the fire department, a council. sexton, pound-master, and such other officers, whose election is not herein specifically provided for, as they may deem necessary to carry into effect the powers granted by this act, and to remove the same at pleasure; they shall also have power to remove the marshal, street commissioner, or treasurer, for any Removals. violation of the provisions of this act, or any by-laws or ordi

Provieo

Common council.

Quorum.

Fices for non attendance at meetings.

nances, or for refusing to perform the lawful requirements of said common council; and in case of the death, resignation or removal from office, or neglect to qualify or perform the duties of his office, or removal from the city or from the ward from which he was elected, of any officer of the corporation, the common council shall, as soon as may be, appoint an officer to fill such vacancy for the unexpired portion of his term of office; and all officers so appointed shall be notified and qualified as herein directed: Provided, That the common council may, at any time, order a special election to fill vacancies in any office which is elective under this act; in which case the common council shall designate the time and place for holding such special election, and the same notice shall be given as at an annual election, stating the office or offices to be filled, and any person so elected shall serve for the remainder of the term of such office.

Sec. 8. The mayor and aldermen, when assembled together, and duly organized, shall constitute the common council of the city of Coldwater, and a majority of the whole shall be necessary to constitute a quorum for the transaction of business, though a less number may adjourn the council from time to Meetings. time; and said common council shall meet at such times as they shall determine, and at such other times as the mayor may appoint; and the common council shall have power to impose, levy and collect such fines as they may deem proper for the non-attendance of the members and officers thereof at such meetings, and also to require the attendance of any officer of said city, and to impose fines for non-attendance. It shall be the duty of the mayor to preside at all meetings of the common council, and it shall also be the duty of the clerk to attend all such meetings, and keep a fair and accurate report of their proceedings. In case the mayor shall be absent, the common President council may appoint one of their number president pro tempore, to preside at such meeting; and in case of the absence or sickness of the mayor, or of a vacancy occurring in said office, the president pro tempore of the common council is hereby author

Duty of mayor. Clerk

pro tempore

ized to do and perform all the duties and trusts appertaining to the office of mayor, until the said mayor resumes his duties, or another be elected and qualified.

quired.

Sec. 9. The treasurer and marshal shall, respectively, before Security re they enter upon the exercise of the duties of their respective offices, give such security for the faithful discharge of the duties of the trusts reposed in them as the common council shall direct and require.

houses.

liquors.

&c.

Sec. 10. The common council shall have power to organize, Police. maintain and regulate a police of the city, and to make all such by-laws and ordinances as they shall deem necessary for the preservation of the public peace; for the suppression of riots; Public peace for the apprehension and punishment of vagrants, drunkards, Vagrants. and disorderly persons; to suppress all disorderly houses and Disorderly houses of ill-fame, and to punish the keepers thereof; to prohibit every species of gaming; to prevent the selling or giving Gaming. away of any spirituous or fermented liquors to any drunkard, Intoxicating minor or apprentice; to license and regulate auctioneers, hawk- Auctions, ers, peddlers and pawnbrokers, and to regulate auctions, hawking, peddling, and pawnbrokerage; license and regulate the peddling and hawking of fruits, nuts, cakes, refreshments, jewelry, merchandise, goods, and other property whatsoever, by hand, hand-cart, show-case, show-stand, or otherwise, in the public streets; to regulate the keeping of gunpowder, and to Gunpowder. prevent or regulate the discharge of every species of fire-arms; to prevent the violation of the Sabbath, and the disturbance Sabbath. of any religious congregation, or any other public meeting as sembled for any lawful purpose; to provide against or punish immoderate riding or driving in any of the streets of the city; relative to a city watch; relative to the public lighting of said city with gas or otherwise; relative to the restraining of swine, city. cattle, horses, geese, and other animals from running at large running at in the streets, lanes, or alleys, and other public places in said city; relative to licensing and regulating billiard and other Billiards,&c. tables, and pin or ball alleys kept for hire, gain or reward in said city; to regulate and establish one or more pounds for Pouni.

Watch.
Lighting of

Animals

large.