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the common council shall fill the said vacancy by appointment until the next general election of some one residing in the ward who is eligible to the office.

All the appointed officers shall hold their office during the pleasure of the common council.

The election shall be held and conducted and the result thereof ascertained, certified, returned and determined under the constitution and general laws of the state governing municipal elections, and shall conform as nearly as practicable to such laws. Contested elections shall be heard and decided by the council, and the proceedings therein shall conform as nearly as may be to similar proceedings in the case of county and district officers. The council shall be the judge of the election, return and qualification of its own members. In case two or more persons receive an equal number of votes for the same office, if such number be the highest cast for such office, the persons under whom the supervision is held shall decide by lot which of them shall be returned elected, ana shall make their return accordingly.

Qualification of Officers. Sec. 11. Every person elected or appointed to an office in such city shall within twenty days after his election or appointment, and before entering upon the duties of his office, take and subscribe the oath of office prescribed by law in the case of district officers, which may be done before the mayor or recorder of such city, or before any person authorized by law to adminster oaths; and the certificate of the officer administering the oath shall be filed with the recorder of the city.

Powers and Duties of Appointed Officers. Sec. 12. The council shall prescribe the powers and define the duties of all officers by it appointed, except so far as the same are by this act defined; shall fix the compensation, and may require and take from them respectively, bonds payable to the city in the corporate name with such sureties and such penalties as may be deemed proper, conditioned for the faithful performance of their duties.

Removal of Officers.

Sec. 13. The council shall have the authority to remove from

office any officer of the city whether elected or appointed, for misconduct or neglect of duty, by an affirmative vote of three-fourths of the members of the council, but only after reasonable notice to such officer, and a hearing of the charges preferred.

Meeting of the Council. Sec. 14. The council shall be presided over at its meetings by the mayor, or in his absence by the recorder; in the absence of both mayor and recorder by one of the councilmen selected by the majority of the council present. A majority of the council shall be necessary to constitute a quorum for the transaction of business.

Votes of Members.

Sec. 15. The recorder shall have a vote as a member of the council. The mayor shall have a vote only in case of a tie, and in no case shall the presiding officer have but one vote. No member of the council shall vote upon or take part in the consideration of any proposition in which he is or may be interested otherwise than as a resident of said city.


Sec. 16. The council shall require and take from all officers elected or appointed as aforesaid, whose duty it shall be to receive funds, assets or property belonging to said city, or having charge of the same, such bonds, obligations or other writings as may be deemed necessary and proper to secure the faithful performance of their several duties. All bonds, obligations or other writings taken in pursuance of any of the provisions of this act shall be made payable to the city of Parsons, with such sureties and such penalties as may be deemed proper, conditioned for the faithful performance of their duties, and for the accounting of and for the paying over as required by law, all moneys coming into their hands by virtue of their offices, and the respective persons, and their heirs, executors and assigns bound thereby shall be subject to the same proceedings on said bond, obligations and other writings, for enforcing the conditions of the terms thereof, by motion or otherwise, before any court of competent jurisdiction held in and for the county of Tucker, that collectors of county levies and other sureties are or shall be subject to on their bonds for enforcing the payment of the county levies.

Records of the Council.

Sec. 17. The council shall cause to be kept in a well bound book called the council journal" an accurate record of all its proceedings, by-laws, ordinances, orders, and resolutions which shall be fully indexed, and shall be open to any one who is required to pay taxes to such city. The records of the town of Parsons shall be deposited with the council of said city, and it shall make suitable provisions for the safe keeping and preservation of the same. At each meeting of the council the proceedings of the last meeting shall be read, corrected if erroneous, and signed by the presiding officer for the time being.

Powers and Duties of Council.

Sec. 18. The council of said city shall have power to lay off, vacate, close, open, alter, grade, and keep in good repair the roads, streets, alleys, pavements, sidewalks, crosswalks, drains and gutters therein for the use of the citizens or of the public and to improve and light the same, and to keep the same free from obstructions of every kind; to regulate the width of pavements and sidewalks on the streets and alleys, and to order the pavement, side. walks, footways, drains and gutters to be kept in good order, free and clean, by the owners and occupants of the real property next adjacent thereto; to establish and regulate markets, prescribe the time for holding the same, provide suitable and convenient build. ings therefor and prevent the forestalling or regrating of such markets; to prevent injury or annoyance to the public or to individuals from anything dangerous, offensive or unwholesome; to prohibit or regulate slaughter houses and soap factories within the city limits, or the exercise of any unhealthful or offensive business, trade or employment; to abate all nuisances within the city limits or to require and compel the abatement or removal thereof by or at the expense of the owner or occupant of the ground on which they are placed or found; to cause to be filled up, raised or drained by or at the expense of the owner any city lot or tract of land covered or subject to be covered by stagnant water; to prevent horses, hogs, cattle, sheep or other ani. mals and fowls of all kinds from going or being at large in such city, and as a means of prevention, to provide for impounding and confining such animals and fowls, and upon failure to reclaim for

the sale thereof; to protect places of divine worship and to preserve order in and about the premises where and when such worship is held; to regulate the keeping of gunpowder and other inflammable or dangerous substances; to provide and regulate the building of houses and other structures, and for the making and maintaining of division fences by the owners of adjoining premises, and the proper drainage of city lots or other parcels of land, by or at the expense of the owner or occupant thereof; to provide against damage or danger by fire; to punish for carrying deadly weapons, and assaults and batteries; to prohibit loitering in or visiting houses of ill fame, or loitering in saloons, or upon the streets; to prevent lewd and lascivious conduct, the sale or exhibition of indecent pictures or other representations; the desecration of the Sabbath day, profane swearing, the illegal sale of all intoxicating liquors, drinks, mixtures and preparations, beer, ale, wine, or drinks of like nature; to protect the persons of those residing within said city; to build or purchase, or lease and to use a suitable .place within or near said city for safe keeping or punishment of persons charged with, or convicted of the violation of ordinances; to provide for the employment of persons convicted of the violation of ordinances, or who may be committed in default of the payment of fines, penalties or costs, and who are otherwise unable to discharge the same by putting them to work for the benefit of the city, and to use such means to prevent their escape while at work, as they may deem expedient; to erect or authorize or prohibit the erection of gas works, electric light works or water works within the city limits, to prevent injury to such works or the pollution of any gas or water used or intended to be used by the public or by individuals, and to do all things necessary to adequately supply said city and the inhabitants thereof with pure, healthful and wholesome water; to use, generate, distribute, sell and control electricity and gas for heat, light and power, and to furnish lights for the streets, houses, buildings, stores and other places in and about said city; to provide a sewerage system for said city; to provide for and regulate the weighing and measuring of hay, coal, lumber and other articles sold, or kept or offered for sale within the said city; to establish and construct wharves and docks, and to repair, alter or remove any landing, wharf or dock, which has been or shall be so constructed, and to establish and collect rates and charges for the use thereof; to regulate the running and speed of engines and cars

within said city, except that the council of said city shall not interfere with the speed of trains and engines beyond the corporation lines of the town of Parsons as heretofore existing, until the said new territory shall be laid out in lots, streets, and alleys, and open and used by the public; to organize one or more fire compannies and provide necessary apparatus, tools, implements, engines, or any of them, for their use, and in their discretion to organize a paid fire department; to make regulations with respect to the erection and location of the telephone, telegraph, electric light or other poles within said city, and the extension of any wires, lines, and poles by any individual or corporation; to grant and regulate all franchises in, upon, over and under the streets, alleys and publie ways of said city, under such restrictions as shall be provided by ordinance, but no exclusive franchise shall be granted by said council to any individual or corporation, nor shall any franchise be granted for a longer period than fifty years; to create by ordinance such committees or boards and delegate such authority thereto, as may be deemed necessary or advisable; to provide for the annual assessment of the taxable property therein, including dogs kept in said city, and to provide a revenue for the said city for municipal purposes, and to appropriate such revenue to its expenses, and generally to take such measures, as may be deemed necessary or advisable, to protect the property, public and private, within the city; to preserve and maintain peace, quiet and good order therein, and to preserve and promote the health, safety, comfort aud well being of the inhabitants thereof.

The council of said city shall have power and authority to control and regulate the construction and repairs of all houses and other buildings within the said city; to provide for the granting of building permits; to cause the removal of unsafe walls of buildings; and may upon the petition of the persons owning the greater amount of frontage of the lots abutting on any street between any two cross streets or in any square in said city, prohibit the erection on such street, or in such square, of any building, or of any addition to any building, more than ten feet high, unless the outer walls thereof be made of brick and mortar or other fire proof material; and to provide for the removal of any building or addition which shall have been erected contrary to such prohibition, at the expense of the owner or owners thereof.

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