be sued, plead and be impleaded, in all courts of justice and in all actions, suits or proceedings whatever, contract and be contracted with, may purchase, hold and receive property, both real and personal within said city, for public buildings public works, and city improvements, may and shall have the right of possession and control, of all public parks and all tracts of land, lying within said limits, which have been or may be hereafter dedicated, or in what manner soever, obtained for public purposes; and may lease, sell or dispose of the same for the benefit of the city; may purchase, hold and receive property, both real and personal, beyond the limits of the city, to be used for parks, burial purposes, work houses, houses of correction, and hospitals for the reception and care of persons inflicted with contagious diseases, and for the purpose of maintaing water works, electric light works cemeteries and for such other purposes as may be deemed necessary for the carrying on of said government, and shall use a common seal, and may alter and break the same or make a new one at its pleasure; all instruments conveying either real or personal property, belonging to said city shall be signed by the mayor, and attested by the city clerk, and the seal of said city placed thereon; and shall be acknowledged and recorded as other instruments conveying property required by the general laws of the State, and no conveyances not thus executed, acknowledged and recorded shall have any validity whatever against said city.

SEC. 2. The boundaries of the city of Lewiston are as follows: Commencing at the meandering corner of the right bank of Snake river, fifty-three chains west of the corners of sections one, six, seven and twelve, on the township line between ranges five and six west, township thirtyfive north. Thence due west to the line between the State of Idaho, and the State of Washington, or the mid-channel of Snake river; thence north along said State line to a point due west of the quarter section corner of the range line between sections twenty-five and thirty, township thirty-six, north between ranges five and six west; thence east through the center of sections twenty-five, township thirty-six, north, of range six, west of Boise Meridian, and through the center of section thirty and east through the center of section twenty-nine, to a point twenty chains west of the quarter section corner, between sections twenty-eight and twenty

nine, thence due south four thousand two hundred and twenty-three feet to a point; thence south 76 degrees 35 minutes east, twelve hundred and sixty-three feet to a point; thence south 47 degrees 30 minutes east two hundred and ten feet to section line between sections thirtytwo and thirty-three, township thirty-six north of range five, West Boise Meridian, at a point five hundred and forty-one feet north of the quarter section corner, between said section thirty-two and thirty-three; thence due south on section line to the corner of sections four, five, thirtytwo and thirty-three, same township and range; thence south between sections four, five, eight and nine, township thirty-five, north range five, west Boise Meridian. Thence west on section lines between sections five and eight, six and seven, township thirty-five north range five, West Boise Meridian, and sections one and twelve, township thirty-five north of range six, west Boise Meridian to the place of beginning.

SEC. 3. The power and authority given to the munici pal corporation of the city of Lewiston, by this act, is vested in a mayor and common council, and in the departments authorized by this act, together with such other officers as are in this act mentioned or may be created under its authority and by their successors in office, to be exercised in the manner hereinafter prescribed.

SED. 4. For the purpose of municipal representation the city of Lewiston is hereby divided into three wards, the boundaries of which shall continue the same as heretofore fixed by ordinance passed by the council, under the provisions of the present charter, or until they shall be changed by ordinance, passed under authority granted in this act. The council, by ordinance may create additional wards, or change the boundaries of those established, and may change the number thereof.

SEC. 5. Each ward herein established and any addi tional ward that may be hereafter established is entitiled to elect two members of the common council.

SEC. 6. The members of the common council shall be elected for two years and shall hold their offices until their successors are elected and qualified: Provided, however, That the members of the council elected, under the present charter of said city shall continue to hold their said offices, until the term of office for which they were elected

shall have expired, and their successors are elected and qualified.

SEC. 7. The mayor shall be elected for two years and shall hold his office until his successor is elected and qualified: Provided, That the provisions of this section shall not become operative until after the next general city election, held in said city.

SEC. 8. There shall be elected, as hereinafter provided, a treasurer, who shall be an officer of this municipal corporation. The officer mentioned in this section shall be elected by the qualified voters of the city of Lewiston, for two years and shall hold his office until his successor is elected and qualified.

SEC. 9. No person is eligible for office, in the municipal corporation, who, at the time of his election or appointment, is not a resident and voter of the city, and entitled to the privileges of a voter, according to the constitution and laws of the State of Idaho, and all amendments that may be made thereto, and who has not resided in the city of Lewiston for one year, next preceding his election or appointment.

SEC. 10. In addition to the qualifications prescribed in Section 9 a person to be eligible to the office of councilman, must be a resident of the ward from which he is elected, for a period of thirty days prior to his election.

SEC. 11. The mayor shall nominate, by and with the advice and consent of the common council, shall appoint a chief of police, and chief of fire department, who shall hold their office for a term of two years, or until their successors are elected and qualified, provided their office may be declared vacant in the same manner hereinafter provided, with reference to other city officers.

SEC. 12. The common council shall, annually, at the first regular meeting thereof, after the qualification of the members therof elected at such annual city election, elect by ballot, a city clerk, city attorney, city engineer, city assessor, city health officer, street commissioner, police judge, superintendent of sewer, superintendent of water works, and collector of water rates, for the ensuing year, and until their successors are elected and qualified; the said common council shall have the power to create such other offices as may be, necessary to efficiently conduct the affairs of the city, and to elect officers therefor,

in the same manner as provided in this section; any qualified elector of said city, not a member of the council, may be elected to one or more of said offices.

SEC. 13. All officers appointed by the mayor and elected by the council, may be removed at any time by a vote of two-thirds of the whole council, and the mayor may suspend any officer until the council disposes of and acts upon any charges preferred against said officer.

SEC. 14. There shall be a general city election held in the city of Lewiston, on the second Monday in June of each year, and all persons elected shall hold office for the term of two years, or until their successor is elected and qualified.

SEC. 15. The council shall designate one or more places in each ward for holding the election therein, and the general election of the State of Idaho, and all amendments that may be made thereto, regulating and governing county elections, shall apply to and govern city elections, as far as the same is not inconsistent with this act, and the ordinances of the city passed in relation to said elections: Provided, That at all special elections there shall be appointted by the city council three judges and two clerks of election for each polling place; that all officers of said elections shall be appointed by the said council.

SEC. 16. The city clerk, under the direction of the council shall give twenty days' notice by publication in some newspaper, published in the city of Lewiston, of each general election, of the officers to be elected thereat, and the place or places in each ward designated for the holding of elections therein, and the judges and clerks appointed to conduct the same, and all matters to be voted upon.

SEC. 17. No person is qualified to vote at an election under this act, who has not been a resident of the city for thirty days, of the ward or precinct, in which he offers to vote for ten days next preceding such election, and who does not, possess the qualifications of a legal voter in the

state.

SEC. 18. The mayor and treasurer shall be elected by the qualified electors of the city, and councilmen by the qualified voters of the ward from which they are chosen, at the general election.

SEC. 19. The city elections shall commence at 12 o'clock noon and continue until 7 o'clock of the same day, without closing the polls. If any one of the judges or clerks of election fails to attend and serve at the proper time, the voters of the election ward then present may elect another in his place.

SEC. 20. Judges and clerks of election must possess the qualifications of voters in the ward where they act as such; but a mistake or error in this respect shall not invalidate any election otherwise legal.

SEC. 21. Within five days after the election the returns thereof must be certified to by the judges of election from each ward, and be filed with the city clerk; and within ten days after election the mayor and common council shall meet and canvass the returns of election and declare the result.

SEC. 22. Immediately after the completion of the canvass, and the result being declared, the city clerk must make and sign a certificate of election for each person declared to be elected and deliver the same to said person.

SEC. 23. A certificate of election is prima facie evidence of the matter therein stated, but the council is the judge of the qualifications and election of the mayor and of its own members; and in case of a contest between two persons claimed to be elected to any office must determine the same, subject however to the review of any court of competent jurisdiction.

SEC. 24. A contested election for any such office must be determined according to the law of the State of Idaho, and all amendments that may be made thereto, regulating proceedings of contested elections in county offices.

SEC. 25. The term of every person elected to office under this act, except as herein otherwise provided, shall commence on the first day of July of each year, and such person must, within five days after the issuance of certificate of election or appointment qualify therefor, by taking and filing oath of office, and giving such official undertaking for the faithful performance of his duties as may be required, or he shall be deemed to have declined said office, and said office shall become vacant, except in cases of contest, in which said case said persons must qualify as herein provided, within ten days from the determination of said contest.