Mexico weekly ledger., 1882-03-02

formity to the state laws, may be
used in evidence on any such trial
when the same might or could be
read in evidence in any trial under
the laws of the state.
SEC. 5. If any officer shall be i'm
peached he is hereby suspended from
exercising the duties of his office,
after he shall be notified thereof, I'M
til his acquittal and at all impeach-
mept trials the Mayor shall preside,
unless he be the accused or otherwise
disqualified or unable to actin which
case the President OF the Council
shall preside.
SEC. 6. 1t shall be the duty of the
CITY Attorney to manage and prose-
cute all impeachments, unless he be
the accused or otherwise disqualified
or unable to act, then the person
elected by the Council to act i'll his
stead shall manage and prosecute
such eases.
SEC. Z. AT all Impeachment trials
the City Recorder shall act as clerk,
unless he be the accused or unable OF
otherwise disqualified to discharge
his official duties, in which case the
persen elected by the Council in his
stead shall act as clerk.
SEC. 8. 1t shall be the duty of the
City Marshal to serve all notices and
subppnas in all impeachment cases
unless he be the accused or otherwise
disqualified or unable to act, in which
event the person elected by the
| Council in his stead shall perform
such duties.
SEC. 9. If the accused shall not
appear, or appearing, shall fail o"
refuse to make a defense to the
charges preferred against him the
Council may proceed eX parte.
SEC. 10. AT the time and place APP
pointed for the trial, and before pro-
cecdiug thereon, the Mayor. or per-
son presiding, shall administer to
the members of the Council there
present, and the City Recorder, or
acting City Recorder. shall at the
same time, administer to the Mayor,
or person presiding, an oath or at
tirmation, impartially to try and de-
termine the charges and do justice
according to the law and the evil
Ndence /; and no member of the City
Council, Mayor or Mayor pro tem-
pore shall preside sit or give his vote
until he shall have taken such oath
or affirmation.
SEC. IL. The members of the
| Council and the Mayor or person pre-
siding.being sworn they shall proceed
to hear. try and determine such i'm
parchment, and may adjourn the t lial
to any other time; and the City
Council shall determine all questions
of law arising during the trial upon
| fhn a1npiSSihttify of nriIonan thn
competency Of witnesses. OF other
wise, and in case of a tie on any such
question the Mayor or person pre-
siding shall give the casting vote and
they may punish any person for con-
tempt committed towards the Coun-
Gil, or for obstructiug the admins
tration of justice on such trial, in as
full a manner as the City Recorder
may do in the trial ofcases of INSIDE
meanors.
SEC. IL. All votes by the City
Council on an impeachment trial,
on any question, whatever shall be
given viva voce and shall be entered
on the journal of the Council pro-
ceedings; and when all the evidence
has been taken for and against the
accused,th Council shall proceed to
vote upon each charge, separatelv,as
to the guilt of the accused: and if
two-thirds of the City Council find
the accused guilty of any or more
of the charges preferred against him
the Council may resolve and declare
the officer removed and the Office va
cant, and thereupon such office shall
be filled as is hereinafter provided.
SEC. ID. If because of removal.
resignation or otherwise, the office of
Mayor should become vacant, or ifthe
Mayor be unable to discharge his Off
cial duties because of impeachment
proceedings, absence, sickness or
otherwise, thePresident oftheCouncil
shall be Mayor pro tempore and have
all the powers and perform all the
duties of Mayor until a Mayor be
elected and qualified or said disabil-
tiles be removed.
SEC. IA. Ii because of removal, res
ignatlon or otherwise, there be a va
cancy in the office of City Recorder,
Marshal or City Attorney, or if the
occupant of any one of said offices be
disqualified OF unable to discharge
his official duties because of i'm
parchment proceedings, absence
sickness or otherwise, the City Coun-
Gil shall elect some one to fill the
vacancy or to discharge the duties of
such office during the existence of
said disabilities; and the person so
elected by the City Council Shall have
all the powers and perform all the
duties of his predecessor in office un-
til his successor shall be elected and
qualified, or such disabilities shall no
removed; but this section shall not
be construed so'as to authorize the
City Council to elect anyone to fill
the office OF Recorder except some
Justlce OF the Peace residing within
SEC. 10. AT the first regular meet
after any vacancy aforesaid mention
ed,occurs the City Council shall order
a special election to be held to elect
an officer to fill such vacancy, which
said q shall be signed and an
proved by the Mayor or Mayor pro
tempore, and the officer SO elected
n hoid the office during the re-
mainaer OF the term for which his
predecessor was elected and until his
successor be elected and qualified
provided, such vacancy should NOT
occur within three months hefore Ibe
regniar election, in which case. there
shali De nc election by the Qualified
voters OF the City to fiji such vacant
ONCE until the regular election ~
City officers next after the occnrrnpco
Of the vacancy.
SEC. IT,. Ii because of res;g,.t;o,
removal, death or otherwise. the Of
nce VI any councilman becomes va.
IAN. lily Coancilshan at the frs,
, segu.ar meeting after such vacancy