Div. 4. Effect of nonpublication. By-laws, ordinances, etc., as evidence. preceding section; and such certificate shall be prima facie evidence that the copies were posted up as required. [66 v. 166, § 102.] SEC. 7. It shall be deemed a sufficient defense to any suit or prosecution under an ordinance, to show that no such publication or posting as herein required, was made. [66 v. 166, § 103.] SEC. 8. The printed copies of the by-laws or ordinances of a corporation, published under its authority, and transcripts of any by-laws, resolutions, or ordinances, or of any act or proceeding of a municipal corporation, recorded in any book, or entered on any minutes or journal, kept under the direction of such corporation, and certified by its clerk, shall be received in evidence, through the state, for any purpose for which the original books, ordinances, minutes, or journals would be received. [66 v. 166, § 104.] Officers other than trustees. SECTION 1. The trustees of hamlets shall have power to appoint, either from their own body, or the electors of the corporation, a clerk, who shall act as treasurer, and a marshal, who shall act as supervisor, and such other police officers as may be necessary; and they shall, by proper by-laws, resolutions, and ordinances, prescribe the duties and compensation of the officers so appointed, and they may remove any such officer and appoint another at their discretion; and the president of the board of trustees shall have the same powers and perform the same duties as are prescibed for mayors of villages, by chapter five, division four, of this title, except that he shall receive no compensation for his services except those allowed for similar services to justices of the peace. [73 v. 170, § 49.] SEC. 2. The clerk and marshal shall each give bond to the corporation for the faithful performance of his duties, which bond shall be in such amount as the trustees may determine, and it shall be subject to their approval, and, after being recorded in the office of the township clerk, shall remain in their custody; but if a trustee is principal in such bond, the duties with respect to it shall be performed by the other trustees. [66 v. 159, § 58.] SEC. 3. The clerk shall keep a full record of all the proceedings of the board of trustees, and in his capacity of treasurer, shall have custody of all moneys of the corporation, and disburse the same on the orders of the trustees alone; and he shall be entitled to the same fees that township clerks and township treasurers receive. [66 v. 159, § 58.] SEC. 4. The marshal shall be chief of police, and have the powers of marshals in villages, and for his services as such shall receive the same fees, and be paid in the same manner as marshals in other municipal corporations for like services; and for his services as supervisor, in which office he shall act under the direction of the trustees, he shall be paid out of the proper township treasury or treasuries the same compensation allowed to other supervisors. [66 v. 159, § 55.] SEC. 5. The members of the board of trustees, in their capacity as such, or as trustees, shall receive no compensation. [66 v, 159, § 55.] SEC. 6. Trustees and officers of incorporated villages for special purposes, shall continue in office as trustees and offi. cers of the proper hamlets until their successors are elected and qualified; and all by-laws, resolutions, and ordinances of such incorporated villages for special purposes, whether originally adopted by them, or by special road districts, shall remain in force as the by-laws, resolutions, and ordinances of the proper hamlets, until repealed. [66 v. 159, § 57.] Div. 4. Village officers. Officers of cities of the second class. Officers of cities of the first class. Term of office. SECTION 1. The officers of a village shall consist of a mayor, clerk, treasurer, and marshal; and the council may, when in its opinion expedient, create, by ordinance, the offices of solicitor and street commissioner; and all officers shall be elected by the electors of the village. [66 v. 160, $ 59.] SEC. 2. The officers of a city of the second class shall consist of a mayor, marshal, solicitor, a city commissioner, who shall be superintendent of streets and highways, and a treasurer, except as provided in the next section, all of which officers shall be chosen by its electors, and a clerk, who shall be chosen by the council; and the council may, when in its opinion expedient, create, by ordinance, the office of auditor, civil engineer, fire engineer, and superintendent of markets, and provide for their election or appointment and compensation; provided, that the provisions as to a marshal shall be subject to the provisions contained in the fourth subdivision of chapter five, of the fifth division of this title. [67 v. 68, § 60.] SEC. 3. In cities of the first grade of the first class there shall be a mayor, solicitor, treasurer, police judge, prosecuting attorney of the police court, and a clerk of that court, which officers shall be chosen by the electors; a superintendent of the markets, who shall be appointed by the mayor, with the assent of the council; a clerk who shall be elected by the common council, and an auditor who shall be elected by the board of public works of such city; and in cities of the second and third grades of the first class the same officers shall be chosen in the same manner, excepting that the auditor shall be elected by council; and also a street commissioner, who shall be chosen by the electors, and a civil engineer, who shall be elected by the council; and in cities of the third grade of the first class there shall be a fire engineer appointed by the mayor, with the assent of the council; provided, that in cities of the third grade of the first class, and in cities of the second class embracing a county seat, there shall be no election for city treasurer, but the county treasurer shall act as city treasurer, at a rate of compensation to be determined by the county commissioners, but not exceeding five hundred dollars a year. [69 v. 64, § 61; 74 v. 52, § 8.] SEC. 4. Officers who are elected shall serve two years, except the clerk of the police court who shall serve three years, except that in cities of the first class, the city auditor shall serve three years; in cities of the second and third grades of the first class, the civil engineer shall serve three years; in cities of the second grade of the first class, the solicitor shall serve four years; and all officers who are appointed shall serve one year, except as otherwise provided in this title. [74 v. 74, § 62.] SEC. 5. The council may provide for the appointment, or Div. 4. Officers of Cities and Villages. Ch. 2. Additional How appointments made. election by the electors of the corporation, wards or districts, Additional duties. Vacancies, SEC. 7. Officers whose powers and duties are not defined in this title, shall perform such duties, and exercise such powers as may be prescribed by ordinance. [66 v. 161, § 65.] SEC. 8. Unless otherwise provided in this title, when an office filled by the electors of the corporation becomes vacant, how filled. the mayor shall, with the advice and consent of the council, fill the vacancy until the next annual municipal election, when a successor shall be elected for any unexpired part of the term, unless the vacancy occurs within ten days of such election, in which event the appointment shall be for the unexpired term: provided, that if more than sixty days intervene between the next annual municipal election and the time any office, filled by the electors of the corporation, becomes vacant, the council may, in its discretion, require that a special election be held to fill the vacancy, of which election the mayor shall give public notice for at least ten days; and unless otherwise provided in this title, when in an office filled by the council, or by appointment, a vacancy occurs, it shall be filled for the unexpired term by the council, or by the board or officer making the appointment, as the case may be; and, unless otherwise provided, all municipal officers shall serve until their successors are qualified. [66 v. 161, § 66.] SEC. 9. When an office is created, and made elective by the electors of the corporation, and more than sixty days will elapse before the annual municipal election, the council may provide for a special election to fill such office, of which election at least ten days' public notice shall be given by the mayor; but if council do not provide for such special election, or sixty days will not intervene between the time of creating such office and such election, the mayor shall, unless it is otherwise provided, fill the office by appointment unless [until] such election, at which time it shall be filled, as in other cases, by election. [69 v. 181, § 71.] SEC. 10. When an officer removes beyond the limits of Incumbent to serve till qualified. successor As to special election where office is created. Div. 4. When removal a resignation. Fees, etc., when fixed by council. Change in the corporation, the act shall be deemed a resignation, and the vacancy shall be filled as in other cases; but this provision shall not apply to the city solicitor or police judge. [68 v. 115, § 67.] SEC. 11. Officers of municipal corporations who are not prohibited from receiving compensation, or whose compensation is not provided for by law, shall receive such fees or compensation for their services as the council may prescribe. [66 v. 161, § 68.] SEC. 12. The emoluments of an officer whose election or fees, effect of. appointment is provided for in this title, shall in no case be increased or diminished during the term for which he may be elected or appointed; nor shall any change in compensation affect any officer, whose office is or may be created under authority of this title, during his term, unless the office is abolished; and a person who resigns or vacates an office shall not be eligible to the same, during the time for which he was elected or appointed, when during the time the emoluments are increased; and no member of council shall be eligible to any other office, or to a position on any board provided for in this chapter [title], or created by law, or ordinance of council, except as provided in the seventh division of this title. [67 v. 69, § 69.] Election of assessors. Election of justices of peace and constables. Board of revision; its duties. SEC. 13. At each annual municipal election, an assessor shall be elected in each ward, or precinct where a ward is divided, and in each municipal corporation not divided into wards, which forms an election district, who shall take the same oath, give the same bond and perform the same duties as are provided with respect to township assessors. [56 v. 156, § 1; S. & C. 85.] SEC. 14. Where the limits of a municipal corporation are coextensive with the limits of the township, and the township becomes merged in the municipal corporation, the corporate existence of such township shall, nevertheless, continue for the purpose of electing the same number of justices of the peace and constables for such township, who shall be voted for on the same ballot; provided, that in cities of the second grade of the first class, and in cities of the second class, the corporate limits of which are coextensive with the township, justices of the peace and constables for such township shall be voted for on the same ticket with officers for such city; and the municipal officers holding such election shall proceed in the same manner, and make like returns, as in case of election for justices and constables held by the trustees and clerks in the townships. [69 v. 23; 56 v. 81, § 2; S. & C. 766.] SEC. 15. The mayor, the president of the council, and the solicitor of the corporation, shall constitute a board of revision, which shall meet as often as once in every month, to review the proceedings of the council, and of all other departments of the corporation government, and report to the |