The Laws of Texas, 1822-1897 Volume 2 Page: 443
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Laws of the Republic of Texas.
269
ine the copies of the records of the several wards, certified as aforesaid,
as soon as conveniently may be, and shall cause the person
whom they shall determine to have been elected mayor, by a majority
of the legal votes given in all the wards, to be notified in
writing, of his election; but if it shall appear that no person shall
have been so elected, or if the person elected shall refuse to accept
the office, the said board shall issue their warrant for another election,
and if the citizens shall fail on a second ballot, to elect a mayor,
the board of aldermen, from three highest candidates voted for,
shall elect a mayor for the ensuing year, and in case of a vacancy
in the office of mayor, by death, resignation' or otherwise, it shall
be filled for the remainder of the time by a new election, in the
manner herein before provided for the choice of said officer; in case
of a vacancy in the board of aldermen, by death, resignation or
otherwise, the board shall order a new election in the respective
ward from which such vacancy may occur; said election shall be
conducted in the same manner as herein before provided for; the
aldermen elected on the first Wednesday of the month of MIarch,
shall meet, when an oath for the faithful performance of their duty,
shall severally be administered to them by the mayor or by any
justice of the peace resident within the city.
Sec. 10. Be it further enacted, That immediately after the
board of aldermen have been regularly and legally installed, they
shall proceed to ballot for a recorder from without their own body,
who shall hold his office for one year, the mayor presiding as president
without a vote, except in case of a tie; and the person' who
shall receive a majority of the votes for recorder, shall be declared
duly elected, and shall take his oath of office before the mayor, or
any justice of the peace, a certificate of which shall be issued and
filed in the archives of the board; the recorder shall be president
,of the board of aldermen, but not entitled to. any other vote than
a casting vote, in case of a tie; the mayor and recorder of the said
city, for the time being, shall both be ex-officio justices of the
peace, and in case of vacancy in the office of recorder, of his absence
or inability, the board of aldermen shall choose one of their
members as president, pro tempore, who shall possess all the rights
and powers of the recorder during such absence or inability.
Sec. 11. Be it further enacted, That in case of the death, removal,
resignation, sickness absence or inability of the mayor to
discharge his duties, the duties of said office shall be executed by
the recorder, during such vacancy, inability or absence, and until
.a new mayor be elected, as provided for in the seventh see(443)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/447/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .