any liabilities that may have arisen by reason thereof, shall remain and be the same under this act as they would have been had this act not been passed; and all rights and liabilities of said city existing at the time of the passage of this act, shall be in no wise affected or changed hereby.

§ 5. Ward boundaries. The said city shall be divided into six wards, as follows:

First ward. All that part of said city lying within the following described limits: Beginning at the point of intersection of the center line of Main street, and the center line of Second street, and running thence easterly along the center of Second street to the center of Winsor street; thence northwesterly along the center of Winsor street to the center of Lakeview avenue; thence northerly along the center of Lakeview avenue to the north boundary of the city; thence westerly along the city line to the center of Main street; and thence southerly along the center of Main street to the place of beginning.

Second ward. All that part of said city lying within the following described limits: Beginning at the point of intersection of the center line of the main track of the Erie Railroad Company and the center line of Main street, and running thence westerly along the center line of said track to the point where the center line of said track intersects the center line of the outlet of Chautauqua lake; thence northerly and along the center of the outlet. of Chautauqua lake to a point due south of the northwest corner of lot thirty-five, town two, range eleven of the Holland Land Company's survey; thence due north along the west bounds of said lot thirty-five to the northwest corner thereof; thence east along the north bounds of said lot thirty-five to the center of Main street; thence southerly along the center of Main street to the place of beginning.

Third ward. All that part of said city lying south of the center of the Erie Railroad Company's main track; west of the center of Foote avenue; east of the center of Forest avenue, the westerly line of Roosevelt square and the westerly line of Main

street.

Fourth ward. All that part of said city lying south of the center of the Erie Railroad Company's main track and east of the center of Foote avenue.

Fifth ward. All that part of said city lying north of the center of the main track of the Erie Railroad Company, and lying east of the line commencing in the center of Main street at a point where Main street crosses the center of the main track of the Erie Railroad Company, and running thence north along the center of Main street to the center of Second street; thence easterly along the center of Second street to the center of Winsor street; thence northwesterly along the center of Winsor street to the center of Lakeview avenue, thence north along the center of Lakeview avenue to the city line.

Sixth ward. All that part of said city lying west of the center of Forest avenue, the westerly line of Roosevelt square and the

westerly line of Main street, and south of a line running from the point of intersection of the main track of the Erie Railroad Company and the center line of Main street, westerly along the center line of said track to the point where the center line of said track intersects the center line of the outlet of Chautauqua lake and from thence northerly and westerly along the center line of said outlet to the city line.

TITLE II.

CITY OFFICERS.

§ 6. Elective officers. The elective officers of the city shall be a mayor, one justice of the peace, six supervisors, and twelve councilmen. The mayor, one justice of the peace, three supervisors and six councilmen shall be elected by the city at large. A judge of the city court shall be elected by the city at large under the provisions of a separate chapter creating that court. One councilman shall be elected from each ward bounded by this instrument; one supervisor shall be elected from the first and second wards; one supervisor shall be elected from the third and sixth wards; one supervisor shall be elected from the fourth and fifth wards.

§ 7. Appointive officers. The appointive officers of the city shall be a corporation counsel, city treasurer, comptroller, director of public works, city physician, city clerk, director of assessments, chief of the fire department, chief of the police department, superintendent of health, superintendent of hospitals, superintendent of the poor, five members of the board of public utilities, nine members of the board of public welfare, three members of the civil service commission, two constables, superintendent of weights and markets, plumbing inspector, sanitary inspector, and such other superintendents, deputies, assistants and the like as the several officers and boards hereby created may be authorized to appoint and employ under the provisions of this chapter or by resolution of the city council. The city council is authorized to create by resolution, to be adopted by a vote of not less than three-fourths of all of its members, such other boards and offices as may be necessary for the proper conduct of the business and the promotion of the welfare of the municipality.

§ 8. Terms of office. The terms of office of the various elective and appointive officers of the city shall be as follows:

Four years: The terms of the judge of the city court and justice of the peace now in office in the city shall continue until the second Monday in April, in the year nineteen hundred and twentysix; and each term of office shall be for four years from that date.

Two years: The mayor and members of the city council now in office in the city shall continue in office until the expiration of the respective terms on the second Monday in April, in the year nineteen hundred and twenty-four, and their several successors shall be elected for terms of two years from that date.

Two years: All elective and appointive officers now in office in the city are hereby continued in such offices until the second Monday of April, in the year nineteen hundred and twenty-four, except as such offices or officers are abolished by the provisions of this instrument; and the terms of the several successors of such persons thus continued in office shall be for a period of two years from the second Monday of April, in the year nineteen hundred and twenty-four.

Two years: The terms of all officers and boards created by this present instrument shall begin on the first day of June, in the year nineteen hundred and twenty-three, or as soon thereafter as such officers may be elected, appointed, confirmed and qualified hereunder, and such terms of office shall end on the second Monday of April, in the year nineteen hundred and twenty-four. The terms of office for such officers, boards and the like created by this present instrument shall be for successive periods of two years from the second Monday of April, in the year nineteen hundred and twenty-four.

Two years: The president of the city council now in office in the city shall continue until the second Monday of April, in the year nineteen hundred and twenty-four, and the term of office of the president of the city council shall be for successive periods of two years from the second Monday of April, in the year nineteen hundred and twenty-four.

Three years: The five members of the board of appeals, appointed for a term of three years in accordance with the provisions of the zoning ordinance adopted on April twenty-fourth, nineteen hundred and twenty-two, and revised and readopted on the eleventh day of January, in the year nineteen hundred and twentythree, are hereby continued in office until the expiration of the three year term for which each member was appointed. Their several successors shall be appointed for a term of three years in accordance with the provisions of the revised zoning ordinance of the city and as required by section eighty-one of article five-a of chapter seven hundred and forty-three of the laws of nineteen hundred and twenty. The revised zoning ordinance of the city adopted on the eleventh day of January, in the year nineteen hundred and twenty-three, is hereby continued in effect for all the purposes thereof unless otherwise amended or repealed by the city council; but in event of the legislature amending section eighty-one of article five-a of the laws of nineteen hundred and twenty as to the number of members and term of service of the board of appeals authorized by that law, then the revised zoning ordinance of the city and this section shall be deemed to be amended to conform therewith and thereafter the membership of the board of appeals shall be constituted and appointed as provided by such amended act.

Saving clause: Except as otherwise provided herein and except as a particular office, officer, board, department or commission may be abolished hereby, all officers, boards, departments and commissions of the city existing under chapter three hundred and

eighty-seven of the laws of nineteen hundred and seven and the several amendments thereto, shall be continued in office until their several successors be elected, appointed, confirmed and have qualified, as the case may be.

9. Method of appointment. The appointive officers of the city, except those as to which provision is otherwise made, shall be nominated by the mayor and confirmed by a majority of all members of the city council. At the first regular meeting of the city council held during the month of June, in the year nineteen hundred and twenty-three, or at a subsequent regular meeting as soon thereafter as may be, and at the regular meeting of the city council held on the second Monday in April, in the year nineteen hundred and twenty-four, and on the same day during each second year thereafter, or at a subsequent regular meeting as soon thereafter as may be, the mayor shall nominate such of the appointive officers specified herein whose terms have expired. A certificate signed by the mayor and by a majority of all of the members of the city council of every appointment to office shall be made and filed with the city clerk. In case the city council neglects or refuses to confirm any nomination made by the mayor or by any officer or board at the meeting at which it is made or at the next regular meeting, such mayor, officer or board shall at the next regular meeting subsequent to such final neglect or refusal to confirm, nominate some other person and shall continue to do so at successive meetings until the nomination last made shall be confirmed. If the mayor or other officer or board shall for four consecutive regular meetings of the council fail or refuse to make any nomination provided by this act, the council may proceed to nominate and elect by ballot, but a two-thirds vote of all of the members of the council shall be necessary to elect.

§ 10. The appointing power. The appointments provided by the nineteen hundred and twenty-three charter shall be made by

(a) The director of assessments shall appoint his assistants and deputies as may be authorized by the city council, and such appointments shall be submitted to the city council for confirmation.

(b) The board of public welfare shall select by a majority vote of all of its members, superintendent of health, superintendent of hospitals, superintendent of charity, a city physician, superintendent of weights and markets, sanitary inspector, and all other assistants, foremen, technical advisors and the like required in the proper performance of its several functions.

(c) The board of public utilities shall select by a majority vote of all of its members such superintendents, foremen, technical advisors and the like as may be required in the proper performance of its functions.

(d) The director of public works shall appoint a superintendent of parks and a plumbing inspector, which appointments shall be submitted to the city council for confirmation. The director shall appoint such other assistants, foremen, technical advisors and the like as may be authorized by the city council.

(e) Except as otherwise provided herein, all other officers, boards and the like shall be appointed by the mayor and confirmed by the city council.

(f) In case of any vacancy occurring in an elective office, the mayor shall appoint and the city council shall confirm a successor whose term of office shall be for the unexpired term.

§ 11. Time of city election. The election of elective officers under the nineteen hundred and twenty-three charter shall be held on the last Saturday in March, in the year nineteen hundred and twenty-four, from eight o'clock in the forenoon until eight o'clock in the afternoon, and on the same day every second year thereafter. Every inhabitant of this city, who shall at the time and place of offering his vote be qualified to vote for member of assembly, shall be then and there entitled to vote for all officers elected by the city at large, for supervisors to be elected by his supervisor district, and for all ward officers to be elected by his ward.

§ 12. Nominations and elections. Except as modified by the provisions of this act, the laws of this state relating to elections shall apply to all elections held in this city. The polls of the election held on the last Saturday of March in any particular year for the election of officers provided by this charter shall remain open from eight o'clock in the forenoon and shall close at eight o'clock in the afternoon of that day. Any elector who shall register in an election district of such city at the last preceding general election shall be entitled to vote at this city election and the registration lists prepared by the officers of the several election districts shall be used at this city election for all the purposes thereof. Any elector who was registered in an election district of such city at the last preceding general election and who since that time shall have removed into another election district of the city and who is otherwise qualified to vote at such election; any person otherwise qualified to vote in such city election but who failed to register in the preceding general election shall have a right to appear before the city clerk, not more than twenty-five days and not less than fifteen days preceding such city election, and to then and there make affidavit as to his previous residence, his present residence, his qualification as a voter, or his present qualification as a voter, as the case may be. In those instances where the qualified voter has removed from one election district to the other, the city clerk shall forthwith forward a copy of such affidavit to the chairman of the board of elections in the district from which the voter removed and to the district into which he has removed, and shall give a copy of that affidavit to the voter. In instances where the voter failed to register in the preceding general election and who is otherwise qualified to vote in the city election, the city clerk shall forward a copy of the affidavit to the chairman of the board of elections in the district in which he is entitled to vote. He shall give a copy of the affidavit to the voter. The names of such persons shall be deemed to form part of the registration lists for the purposes of the city election in the given