ACTS OF TIHE LEGISLATURE. p RELATING TO THE CITY. COMPILED AND PRINTED BY ORDIER OF TIE COMMON COUNCIL. DETROIT: TRIBUNE COMPANY, PRINTERS TO THE CITY, 212 JEFFERSON AVE. 1867. I' CON TEN TS oraF CttA PTEI'%,S. PART FTRSI'T. (IIttRTJER OF THE (CITY. CHAPTER I. INCORPORATION: CITY AND WARD BOUNDARIES,. CHAPTER II. OFFICERS: Wiio ELECTED, WHO APPOINTED, QUALIFICA TIONS, BONDS, OFFICIAL TERMS, REMOVAL, VACANCY, CHAPTER III. ELECTIONS: How CONDUCTED, CHAPTER IV. OFFICERS: THEIR RIGUTS, POWERS, AND DUTIES,. HAPTER V. COMMON COUNCIL: POWERS AND DUTIES... CHAPTER VI. RECORDER'S COURT,... CHAPTER VII. OPENING, ALTERING, AND CLOSING STREETS -, CHAPTER VIII. TAXATION AND FINANCE,... CHAPTER IX. ASSESSMENT OF TAXES AND THEIR COLLECTION, CHAPTER X. FIRE DEPARTMENT. CHAPTER XI. MISCELLANEOUS PROVISIONS, CHAPTER XII. ACTS CONTINUED AND REPEALED, CHAPTER XII. POLICE DEPARTMENT. PA9E 9) 11 26 4 46 78 95 114 133 149 156 161 164 p CONTFENTS OF CHAPTERS. PART SECOND. ACTS OF LEGISLATURE. CHAPTER I. CORPORATE LIMITS OF THE CITY OF DETROIT, CHIAPTER II. BOARD OF WATER COMIIssIONE.RS,... CHAPTER III. POLICE DEPARTMENT,...... CHAPTER IV. COURTS OF THE CITY,.......... CHAPTER V. HOUSE OF CORRECTION,...... CHAPTER VI. FIRE DEPARTMENT,.......... CHAPTER VII. TAXES,......... CHAPTER VIII. REGISTRATION AND ELECTIONS,.... CHAPTER IX. PUBLIC SCHOOLS.......... CHAPTER X. DRAINAGE,........... CHAPTER XI. MISCELLANEOUS'PROVISIONS,.. PASSE. . 175 179 193 '224 232 247 . 261 267 .300 317 . 321 ERRATA. On foot of page 183, for "Section 345 ante," read Section 245 ante. On page 289, at end of Section 498, for "1863" read 1864. I H p I I I CHARTERA E OF THE CITY OF DETROIT. An Act to Revise the Charter of the City of Detroit. [Approved February Sth, 1857. Laws of 1857, p. 73. ] CHAPTER I. INCORPORATION: CITY AND WARD BOUNDARIES. SECTION SECTION 1. Incorporation; name and powers 2. City boundaries established. Cre of the corporation; seal of. ation of Wards; their bounda ries; how altered. CHAPTER I. (~ 1. ) SECTION 1. T/Ie People of the State of X]ichi- Corporat'n. gan enact: That the corporation heretofore created and now known as "The Mayor, Recorder, Aldermen, and Noawme and powers of. Freemen of the City of Detroit," shall be and continue to be a corporation by the name of "The City of Detroit," and by that name may sue and be sued, implead and be impleaded, complain and defend, in any court of record, and in any other place whatsoever; may have a Seal of. common seal and alter it at pleasure, and may take, hold, purchase, lease, convey and dispose of any real, personal, or mixed estate for the use of said corporation. ( 2.) SEC. 2. The district of country in the county Boundaries. of Wayne, and State of Michigan, hereinafter particularly described, is hereby constituted and declared to be a city CHARTER OF THE CITY OF DETROIT. CHAPTER I. INCORPORATION: CITY AND WARD BOUNDARIES. by the name of Detroit, and subject to the municipal government of said corporation, said district of country being bounded as follows, viz: Beginning at a point on the national boundary line in the Detroit River, di rectly opposite and in a line with the dividing line be tween the Baker and Woodbridge farms, so called, and running thence north twenty-two degrees and forty-sevon minutes west, to the margin of said river; thence north twenty-two degrees and forty-seven minutes west, along said dividing line to the rear or northerly line of the Baker farm aforesaid; thence northeasterly along the rear or northerly line of the Baker, Labrosse, and Forsyth farms, so called, to the northwesterly corner of the Jones farm, so called; thence north sixty degrees east, on a course parallel with Jefferson Avenue to a point opposite the dividing line between the Dequindre and Witherell farms, so called; thence south twenty-six degrees east to the northeasterly corner of the Dequindre farm afore said, being the northwestern corner of the Witherell farm aforesaid; thence south twenty-six degrees east along said line of said farms, to the niargin of the Detroit River aforesaid; thence south twenty -six degrees east to the national boundary line in said river, and thence south westerly along said national boundary line to the place War~l es- of begillning.' The wards of said city shall be and retablished; how altered main as heretofore laid out and constituted, until altered by the Common Council of said city, as authorized by this act.b See Section 302, enlarging city limits. b See Sections 303, 506. 10 CHARTERI OF THE CITY OF DETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. CHAPTER II. OFFICERS: WHO ELECTED, WHO APPOINTED, QUTALIFICATIONS, BONDS, OFFICIAL TERMS, REMOVAL, VACANCY. SECTION 3. What officers of corporation elected on general ticket, and on ward ticket. 4. What officers appointed by Council. New offices; how created. 5. Board of officers of corporation: Water Commissioners; terms of office, and how determined. Board of Education. Board of Inspectors of Election. Board of Sewer Commissioners; how ap pointed, and powers. Engineer, how appointed, and duties of. 6. Justices of the Peace; their terms of office, jurisdiction, powers, and duties. 7. Officers to be resident electors of city. 8. Qualifications of Attorney. 9. Defaulters ineligible to office. 10. Ignorance a disqualification for office. 11. Aldermen to hold no other office. 12. Persons interested in contracts dis qualified for office. 13. Officers becoming interested in con tracts to be removed. Punish ment. 14. Bribery of members of Council, and how punished. 15. Terms of office. 16. Commencement of terms of office. 17. Oath of office. SECTION 18. Officers elected, when to enter upon duties. Officers appointed,when, etc. Offices; how discontinued. Recorder subject to impeachment. Expulsion from office; in what cases charges to be made; mode of trial; what officers Mayor may suspend. Removal of officers. Temporary suspension from office; how made. Vacancies. Resignations; how made. Filling vacancies in appointed of fices. Vacancies in the office of Mayor or Aldermen; how filled. Vacancies in elective offices other than Mayor, Recorder, or Alder men; how fill ed. Official bo nds. Condition of official bonds. Constables' bonds. Renewal of official bonds. Notice of election to office; how given; neglect to qualify. Sureties on bonds may be required to justify. Clerk to report those neglecting to qualify. Aldermen may exercise powers of Policemen. (~ 3.) SECTION 1. The following officers of the corpo-Officde r s ration shall be eleteattheannualCityelectelected t n ration shall be elected at the aunnual city election, oil a gen'l tieket. general ticket, by the qualified electors of the whole city, viz: Mayor, Recorder, City Clerk, Attorney,. Treasurer, City Surveyor, and Director of the Poor. 11 CHAPTER 11. 19. 20. 21. 2 ). P,3. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. ,35. 36. CHARTER OF THE CITY OF DETROIT. CHAPTER II. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. O n w a r d The following officers of the corporation shall be elected ticket. at said election on a ward ticket, in each ward, by the qualified electors thereof, viz: Two Aldermen, two School Inspectors, a Collector, Overseer of highways, and Con stable. [As ciiirenfl(ed by Laws of 1861, p. 180. OiMce,s ap- (~4.) SEC. 2. The following officers shall be appointed pointed by Com. Council. by the Common Council, at a meeting to be held ou Stadler vs. the second Tuesday of January in each year, viz: SuCity of Detrolt, 1t Mich., 346. perintendent of Alms House, a Sealer of Weights and Measures,a a Clerk of the Recorder's Court, who shall be appointed on the recommendation of the Recorder, one or more Collectors, one or more Physicians, one or more Street Commissioners, a Marshal, one or more Assistant Marshals,b and one or more Clerks of the Markets, and such other officer, deputies, assistant officers and agents, as may be necessary, and whose appointment shall be authorized by prior resolution of the Common Council. A Con troller shall be appointed on the second Tuesday of March preceding the expiration of his term of office, and on the nomination of the Mayor, a Receiver of Taxes, whose term of office, shall be two years; a Superintendent of the House of Correction, whose term of office shall be three years, and a Counselor, who shall be a practicing attorney, and whose term of office, duties and compensa tion shall be prescribed by the Common Council: Pro vided, That any appointment which shall not be made on the day named, may be made at any subsequent re,g ular session of the Common Council: And provi(ed, fur ther, That any office created by ordinance or resolution See Section 345. b See Section 373, abolishing office of Marshal and Assistant Marshals. 12 CHARTER OF THE CITY OF DETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. of the Common Council, may be filled at any time until the second Tuesday of January following, when, as in case of other officers, the regular term of service shall commence, and the office, if continued, be filled for the ensuing year, unless otherwise provided by the the ordinance or resolution creating such office. [As amendled by Laws of 1861, p. 181.] (~5.) SEc. 3. There shall also be the following board Water Com missioners. of officers of the corporation: A board of water commissioners, to be appointed and constituted as provided for in the act incorporating the Board of Water Commissioners of the City of Detroit, approved February 14, 1853;e a Board of Education, to be constituted as pro- BoardofEd ucation. vided for in the act incorporating the Board of Education of the City of Detroit, approved February 17, 1842,a and all present and existing acts amendatory thereto; and a Board of Inspectors of Elections, to be appointed Board of In. spectors of and constituted as hereinafter provided; and a board of Election. three Sewer Commissioners, who shall be appointed by the SewerCom missioners Common Council, on the nomination of the Mayor, and duty of. who shall appoint a competent Engineer, and with his aid it shall be their duty to propose a plan for constructing sewers and drains for the whole city, having reference, however, to the sewers and drains already constructed or in process of construction; and said board shall have LstofSew ers and cost. the control of all the public and private sewers within the city, and shall in the month of February, of each year, furnish to the Common Council a list of all the public sewers, together with the estimated cost of the See Part II, Chapter II, Section 307, et post. d See Part II, Chapter IX, Section 510, et post. 13 CHAPTER II. CH4ARTER OF THE CITY OF IDETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. same, which they recommend to be constructed or built within said city, for the fiscal year ending January thereSewersthatafter; and the Common Council shall decide which of may not be bult.t be the sewers, so recommended by the board they will have built or constructed under the supervision of said Sewer Commissioners; and the Common Council shall not have power to build, or contract to build, any sewer or sewers within said city that the Board of Sewer Commissioners has not recommended in their report in the month of February, as provided for in this act; and said board shall have such further powers and duties, in respect to the sewers and drains of said city, as said Common Compensa'n Council shall by ordinance prescribe; said Commissioners Term of of- shall received no compensation for their services; shall rce. hold their office for the term of five years, with the ex ception of the first board, who shall hold their office for the respective terms of three, four, and five years, and the respective terms of each shall be determined by lot, under the direction of the City Attorney and Controller, and when thus determined, such determination shall be certified by said Attorney and Controller to the Common Council, and entered upon their journal, and sutch certifi eute shall be evidence of the respective term for which the several members of said board have been elected; DutyofEn-it shnall be the duty of said Engineer, under the direction gineer. of said board, to superintend the construction and repair ilng of all the seweris. [As amended by L(aws of 1867. V/ol. I$, p. 1110.] Justices of (~ 6.) SEC. 4. There shall be six Justices of the Peace the Peacetheirtermof office, juris-in and f or said city, who shall be elected on the general dict'n, power, and du- ticket at the annual city election in the same manner, shall hold thei offices for the same te.s and by the shall hold their offces for the same terms and by the 14 CHAPTER II. CHARTER OF THE CITY OF DETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIOiS, ETC. same tenure, possess the same jurisdiction and powers, subject to the act of the Legislature establishing a Police Court of the City of Detroit, and be subject to the same duties and liabilities, as provided by the general laws of this State in relation to the election, jurisdiction, powers, duties and liabilities of Justices of the Peace for townships; but the Justices of the Peace of said city, now Justice8 nowin office in office, shall continue to hold their offices for the terms to continue. for which they have been elected, and in conformity to the general laws of this State: Provided, h/owever, That Proviso. at the election, to be held in April, 1857, a Justice of the Peace may be elected to fill the vacancy which will occur by the expiration of the term of such Justice, in July, 1857. (~7.) SEc. 5. No person shall be elected or ap-officers to be residents pointed to, or shall hold any office under this act, who oDetroit. shall not be, at the time of his election, or appointment, and so long as he shall hold such office, a resident elector of said city; and no person shall be elected or appointed to, or shall hold office for any ward in said city, who at the time of his election or appointment, and so long as he shall hold such office, shall not be a resident elector of the ward from and for which he may be elected or appointed. If any person, elected or appointed to any office of the corporation, shall cease to be a resident of the city, or of the ward, for which hlie may have been elected or appointed, such office shall thereby be vacated: Provicde(, however, That a School Inspector shall Proviso. not vacate his office by his removal firom one ward to another ward in said city.e flee Section 541. 15 CHAPTER II. CHARTER OF THE CITY OF DETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. Qualificat'n (~ 8. ) SEC. 6. No person shall be elected to the of Attorney. office of Attorney, unless he be at the time of his elec tion a Counselor of the Supreme Court of this State of two years' standing. Defaulters ( 9.) SEC. 7. No person shall be elected or appointed ineligible. to any office created by this act, who is now, or here aftelr may be, a defaiulter to said city, or to any board of officers thereof, or to the State of Michigcran, or ally county thereof; and any person shall be considered a defaulter who has refused, or neglected, or may hereafter refuse or neglect, for thirty days after demand made, to account for and pay over to the party authorized to r e ceive the same, any public money which has come in his possession. If any person holding any such office shall become a defaulter, while in office, the same shall thereby be vacated. Ignorancea (a 10. SEC. 8. No perso n shall be elected or apdisqualifica- SE.pro tion for office. pointed to any office under this act, except the offices of Scavenger and Chimney Sweeper, unless he is able to read and write the Einglish language intelligibly; and if any such person be elected or appointed, the Common Council shall declare such appointment or election void. Inenigibly (~ 11. ) SEc. 9. No member of the Common Council of members of the Council to hold shall hold or be eligible to the office of Recorder of the certain offi ces. city of Detroit, or hold or be eligible to any county office of the county of Wayne, except the office of No tary Public, and all votes cast for any such member for any such office shall be null and void, nor shall any memberi, after his election, and during the time for which hle was elected, or within one year thereafter, be ap pointed to any office under this act, which shall have been created, or the emoluinents of which shall have 16 CHAPTER II. CHARTER OF THE CITY OF DETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. been increased, during such time: Pri-ovi(ed, That this Proviso. section shall not be construed to affect the members of the present Common Council, nor their right to hold county offices to which they have heretofore been elected. [As anmended by Laws of 1867, Vol. II, Page 1114.] (~ 12. ) SEC. 10. No person interested, directly or Persons in terested dis quialified for indirectly, either as principal or suirety, in any contract offic.edfr or agreement, written or verbal, to which the corporation shall be a party in interest, or to which any officer or board under this act shall officially be a party, for the construction of any sewer, pavement, building, or performance of any pnblic work whatever, or for involving the expenditure, receipt or disposition of money or property of the corporation, Common Council, or by any officer or board under this act, shall be eligible or appointed to any office under this act; and if any person thus interested shall be elected or appointed to office, his election or appointment shall be void, and his office shall be deemed vacant. (~ 13.) SEC. 11. If any member of the Commnon Officers be coming inCouncil, or other officer of the corporation, after his elec-tberedveto tion or appointment, or while in office, shall become, or cause himself to become interested, directly or indirectly, in any contract or agreement, written or verbal, to which the corporation shall be a party in interest, or to which any officer or board under this act shall officially be a party, or in any question, subject or proceeding, pending before the Common Council, with intent to gain, directly or indirectly, any benefit, profit, or pecuniary advantag,e, he shall be removed fi-om his office, and his office declared vacant by the Comrrmon Council, and he shall be deemed guilty of' willfil andl corrupt malfeasance in office, 17 CHAPTER II. CHARTER OF THIE CITY OF DETROIT. CHAPTER II. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. Punishme't. and may be prosecuted therefor, and on conviction, shall be punished by a fine not exceeding one thousand dol lars, or imprisonment in the State Prison not exceeding one year, or both, at the discretion of the court. Bribery. ( ~ 14.) SEC. 12. If any person shall offer, directly or indirectly, to a member of the Common Council, or if any member of the Common Council shall directly or indirectly accept, or agree to accept, or receive any money, goods or chattels, or any bank note, bank bill, bond, promissory note, due bill, bill of exchange, draft, order or certificate, or any security for the payment of money or g(oods and chattels, or any deed or writing contain ing a conveyance of land, or containing a transfer of any interest in real estate, any valuable contract, in force, or any other property or reward whatsoever, in consid eratiou that such member of the Common Council will vote affirmatively or negatively, or that he will not vote, or that he will use his interest or influence on any ques tion, ordinance, resolution, or other matter or proceeding pending before the Common Council, he shall be removed from office, and his office declared vacant by the Com mon Council, and both he and tbe person making such offer as aforesaid, shall be deemed guilty of misdemeanor, Punislini'nt. and may be prosecuted therefor, and on conviction, shall be punished by a fine not exceeding one thousand dol lars, or imprisonment in the State Prison not exceeding one year, or both, at the discretion of the court. Termsofof- (~ 15.) SEC. 13. The Water Commissioners shall hold fice. their respective offices for the term of five years,f the Controller and Superintendent of the House of Correction f SCee Section 803. 18 CHARTER OF THE CITY OF DETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. CHAPTER II. for the term of three years, the Recorder for the term of six years, the Mlayor, Aldermen, School Inspectors, Treasurer, City Clerk, Attorney, Marshal, City Surveyor, Stadler s. City of De troit, 1;t h Director of the Poor, and Receiver of Taxes for the Micht., 346th term of two years, and all other officers who are elected or appointed, shall hold for the term of one year: Provi(lce(l, howvever, That all officers, whether elected or Proviso. appointed, shall hold their offices respectively until their successors shall be dualy elected or appointed and qualified, and shall enter upon the discharge of their duties. [As amei,cled by Law of 1861, p. 181.] (~ 16) SEC. 14. The official terms of all officers who Commence ment of offiare elected, shall commence on the second Tuesday of cial terms. January, after the annual city election at which they may have been elected, on which day there shall be a meeting of the Common Council; and the official terms of all officers who are appointed shall commence and expire on the third Tuesday of January, (on which day there shall also be a meeting of the Common Council,) except the Water Commissioners, whose official terms shall commence and expire as provided for in the act incorporating "The Board of Water Commissioners of the City of Detroit," approved Febr'uary 14th, 1853, and the Controller, whose official term shall commernce and expire on the first Tuesday in April. (~ 17.) SEC. 15. Every officei, appointed or elected Oath of of fice. under this act, before entering on the duties of his of fice, shall take and subscribe the following( oath of office: "I do solemly sweai (or affirm) that I will support the constitution of the United States and of this State, and that I will faithfully discharge the duties of such office to the best of my al)ility-" atnd slyl~l file said oath, 19 CHARTER OF THE CITY OF -DETROIT. CHAPTER II. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. duly certified by the officer before whom it was taken, in the office of the Clerk of said city. Oaths, be- (~ 18.) SEC. 16. Officers, who are elected at the fore whom taken. annual city election, shall take and subscribe the oath of office before the City Clerk, file their official bonds, and enter upon their official duties, on the second Tues day of January next ensuing their election, or within ten days thereafter; and officers who are appointed for full terms, shall take and subscribe the oath of office, file their official bonds, and enter upon their official du ties on the third Tuesday of January, or within ten days thereafter; but officers who are either elected at a special election, or appointed to fill the unexpired por tion of a term, shall take and subscribe the oath of of fice, file their official bonds, and enter' upon their duties within tell days next enlsuing notice of their election or appointment, except Justices of the Peace. Discontinu- (~ 19.) SEC. 17. Any office hereby authorized, but ing office. not specially named, may at any time be discontinued by the Common Council, and if there be an incumbent in such office, such continuance shall, on notice thereof, discharge hini firom the office and a further execution of its duties, and his office be deemed vacant. Recorder (~ 20.) SEC. 18. The Recorder shall be subject to subject t o ilmpeachm't impeachment and remioval fiom office for corrupt conduct in office, or for crnimes and misdemeanors, in the same manner as judicial officers, pursuant to the provisions of the constitution of this State. Expulsion (l 2 ) SEC. 19. The Common Council may expel or fromt office. romove fi'om office any of its own members, or any other officer holding office by election, except the Mayor and Recorder, for corrupt or willful malfeasance or 20 CHARTER OF THE CITY OF I)ETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. CHAPTER II. misfeasance in office, or for willful neglect of the duties of his office, by a vote of two - thirds of all the Aldermen elect, and in such case the reasons for such expulsion or removal shall be entered on the records of the Common Council, with the names and votes of the members voting on the question. No officer holding office by election shall be expelled or removed by said Common Council, unless first furnished with a copy of the charges in writing, and allowed to be heard in his defense, with aid of counsel, and for the purposes hereof the Common Council shall have power to issue subpoenas, to compel the attendance of witnesses and the production of papers, when necessary, and shall proceed, within ten days after service of a copy of the charges, to hear and determine upon the merits of the case. If such officer shall neglect to appear and answer to such charges, his default may be deemed good cause for removal from office. The Mayor shall have power to suspend or re- Mayor may suspend ofmove from office the Marshal, Street Commissioners, Dep- eers' uty Marshal, Constables, Overseers of Highways and officers of the Police; g and in ease of such suspension or removal he shall report the same, with the reasons therefor, to the Common Council. (~ 22. ) SEC. 20. Any officer holding office by ap- Reffmoval of officers. pointment, unless otherwise provided by law or ordinance, may be removed at any time by the Common Council, Stadler vs. City of De troit,! 3 t h without charoes, and a trial thereof, by a vote of the Mich., 346. majority of the Aldermen elect, except the Controller, Receiver of Taxes, and Superintendent of the House of g The Mayor's power to remove police officers is superseded by the Police Act of 1865. See Section 838 et post. 21 CHlARTER OF THE CITY OF DETROIT. OFIFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS. ETC. Correction, who may be removed for the same causes and on the same proceedings as a member of the Com monoI Council. [As amended by -Laws of 1861, p. 182. Temporary (~ 23) SEc. 21. Any officer holding office by elecsuspension fromn office. fo C. tion, except the Recorder, against whom charges shall be preferred, may be suspended firom office by a majority vote of all the Aldermen elected, until such charges shall be heard and determined; and any officer holding office by appointment, may be suspended temporarily from of fice, at any time, by the like vote. Vacancies. (~ 24.) SEc. 22. In case of expulsion or removal from office, death, resignation or permanent disability of any officer, his office shall thereby become vacant, and may be so declared by the Common Council. Resignati'n. (~ 25.) SEC. 23. Resignations of office shall be made to the Common Council, in writing, and be subject to their approval and acceptance. Filing va- (~ 26.) SEc. 24. If any office of appointment shall cancies i n a p p o i nted ofices. become vacant, the Common Council may appoint a sutc cessor to serve for the iUnexpired portion of the official term. Vacancies (~ 27.) SEC. 25. If a vacancy occurs in the office of in office of Mayor o r Aldermen- Mayor or Alderman more than six months before the how filled. time for holding the next succeeding annual city elec tion, the Common Council shall order a special election to fill such vacancy for the residue of the official term; if it occurs within six months before the time for hold ing such election, the Common Council may, in its dis cretioni, order a special election to fill such vacancy for the residue of the official term. Vacancies (~ 28.) SEc. 26. If a vacancy occurs in any elective in other elective o~fficCes; hoffw office, other than that of Mayor, Recorder or Alderman, fild.le the Common Council shall appoint some person, eligible 22 CHAPTER; IT. CHARTER OF THE CITY OF DETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. CaAPTEPRII. under this act, to serve in such office until the next annual election, when the vacancy shall be filled for the The People vs. Wither ell. 14 Michresidue of the official term. 48. (~ 29.) SEc. 27. The Controller, Treasurer, Clerk, At- Offiei bds. torney, Receiver of Taxes, Superintendent of the House of Correction, Collectors, Marshal, Clerk of the ~Iarkets, Street Commissioners, and Constables, shall, respectively, before they enter upon the duties of their respective offices, and such other officers as the Common Council may direct, file ill the Clerk's office an official bond, in such sum and with such sureties as the Common Couucil shall direct and approve. [AJs ac)teicled by Latws of 1861,p. 182.] (~ 30.) SEc. 28. The official bond of every officer Conditi'n of official l)ds. shall be conditioned that he will faithfully perform the dutties of his office, and will, on demand, deliver over to his successor in office, or other proper officer or agent of the corporation, all books, papers, moneys, effects and property beloinging to the corporation, or appertaining to his office, which may be in his custody as an officer; and such bond may be further conditioned as the Comnmon Council shall prescribe. The official bond of every officer whose duty it may be to receive or pay out money, besides being conditioned as above required, shall be further conditioned that he will, on demand, pay over or account for to the corporation, or any proper officer or agent thereof, all moneys received by him as such officer. (~ 31.) SEc. 29. Every person elected to the office contas' hoods. of constable in said city, before entering on the duties of his office, shall, with two or more sureties, to be ap proved by the Common Council, execute and file with the City Clerk a bond or instrument, in writing, to the 23 CHARTER OF THE CITY OF I)ETROIT. CHAPTER II. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. City of Detroit, in the penal sum of two thousand dol Condition. laris, conditioned well and faithfiilly in all things, to exe cute and perform the duties of his office during the continuance therein, and to pay to each and every per son who may be entitled thereto, all sums of money which said constable may become liable to pay on ac count of any execution or process for the collection of money which shall be delivered to him; and further conditioned as the Common Council may prescribe. [As anie2(cled by Laws of 1861, p. 182.] Renewal of (~ 32.) SEC. 30. The Common Council may at any official bds. time require any officer, whether elected or appointed, to execute and file with the Clerk of the city new official bonds in the same or in such further sums, and with new or such further sureties as said Council may deem requisite for the interest of the corporation. Notice of (~ 33.) SEC. 31 The Clerk of the city shall cause election to office. office. every officer, whether elected or appointed, as soon as practicable after his election or appointment, to be served with a written notice thereof and of the amount of his official bond; and if such officer shall neglect to take and subscribe his oath of office, or to file his required official bond vwithin the tinme prescribed therefor by this qNegllect to act or if any officer, required to execute and file a new official bond, as provided in the preceding section, shall not comply with such requirement within ten days after notice thereof from the City Clerk, the Common Coun cil may declare the office in such case vacant, and such vacancy may be filled as heretofore provided in this act. Sureties in (~ 34.) SEC. 32. The Common Council, or such officer official bds. may be requr'd tojus- as the Common Council shall by resolution or ordinance tify on oath. prescribe, may examine into the sufhciency of the proposed 24 CHARTER OF THE CITY OF DETROIT. OFFICERS: WHO ELECTED, APPOINTED, QUALIFICATIONS, ETC. CHAPTER II. sureties in any official bond, or instrument, in writing, required by this act, or in any contract, in writing, to which the corporation or any officer or board under this act shall be a party in interest, and may require such sureties to submit to an examination, under oath, as to their property and responsibility. The depositions of the surety shall be reduced to writing, be signed by him, certified by the person taking the same, and annexed to and filed with the bond, or instrument in writing, to which it relates. (~ 35. ) SEC. 33. The Clerk of the city shall report City Cl'k to rep'rt delin quents to the name of any person elected or appointed to any Council. office, who shall have neglected to file his official bond and oath of office, as required by this act, to the Common Council, at its next meeting after such default. (~ 36.) SEC. 34. The Aldermen of said city shall, by Aldermen may exerl cise powers virtue of their office, be vested with and may exercise ofpolicem'n all the powers of Policemen of said city.h [As added by Laws of 1861, p. 183.] h See Section 338. a 25 CHARTER OF THE CITY OF DETROIT. ELECTIONS: HOW CONDUCTED. CHAPTER III. ELECTIONS: HOW CONDUCTED. SECTION 37. Annual city election: time, place and notice; special elections. 38. Council may divide wards into election districts; Inspectors,, how appointed; Board of Reg istration; where electors shall vote; residence defined. 39. Inspectors of election: how chos en; oath of Inspectors. 48. Clerks of Election: how ap pointed. 41. Ballot box. 42. Time for opening and closing polls. 43. Qualification of voters. 44. Challenge and oath. 45. Perjury and punishment. ( ~ 37. ) SECTION 1. The SECTION 46. Punishment for voting more than once. 47. State law applicable, unless other wise provided. 48. Manner of certifying returns of election; canvass. 49. Special elections: how conducted. 50. Ballots for vacancy or residue of term: what to state. 51. Plurality to elect, 52. Proceedings in case of tie. 53. Mode of conducting State, Dis trict and county elections. 54. Privilege from arrest on election day. 55. First election under act: time of; officers holding office to continue. Annual city 37. ) SECTION 1. The annual city election shall be election; andenotlacee. held on the first Tuesday after the first Monday of No vember ill each year, at such places in the several wards as shall be designated by an order of the Conmmon Council, at least twenty days previous thereto, notice of People vs which, specifying, also, the officers to be elected and the Hartwell, 12 Mich., 508. time for opening and closing the polls, shall immediate ly, or within three days after the date of such order, be given by the City Clerk, by publication ill two or more daily newspapers published in said city. The time Specialelec- and place for h(lding a special election shall be desigtions. nated, and the notice thereof given in the same manner, and to the same effect. 26 CHAPTER 111. CHARTER OF THE CITY OF I)ETROIT. ELECTIONS: How CONDUCTED. (~ 38. ) SEC. 2. Each ward shall be an election dis- Co'ncil may divide war's trict by itself; but it shall be lawful for the Comimon distriets.i Council, in its discretion, at any time before the first day of October next preceding any charter or general election, to divide the several wards of the city, or either of them, into convenient election districts for the holding of *general and special elections; and in case any ward or wards shall be so divided, the provisions of the general laws of the State, and of this act, relating to elections other than in towns, shall be applicable to such election districts. The Common Council shall, Inspectors; how apat least twenty days prior to any general or special pointed. election, appoint two Inspectors of Election for each ward so divided into election districts, and one of the Inspectors so appointed, with one of the Aldermen of the ward so divided, shall act as a Board of Registration in each Board of Registrat'n. of said election districts; and with one Inspector to be elected by a viva voce vote of the electors of the district, on the opening of the polls at any election, shall form a Board of Inspectors for said election. Vacancies Board of In spectors. in any Board of Inspectors, mav be filled by the electors present, as in other cases of such vacancies. Any e l e c t i o n district so amade, shall remain an election dis- Where elec tors shall trict by itself until changed by the Common Council. voteEvery elector shall vote in the ward and district in which he resides, as provided by law.b The residence Residence deifined. of an elector shall be the ward and district in which his family resides, or in which is his regular boarding house. [As amen(ed by,-aws of 1861, p. 183.] See Section 506. b Const., Art. VII, Section 1. Also, Section 48, post. 27 CHAPTER III. CHARTER OF THE CITY OF DETROIY'. ELECTIONS: HOW CONDUCTED. InspeCtors (~ 39.) SEC. -. At every election, the Inspectors of of election. 39 Election for the ward or district in which such election may be held, in case the ward has not been divided into election districts, shall consist of the Aldermen of the ward and a third person, to be chosen viva voce by the electors present, from their number, at the time of opening the polls; and in case the ward hbas been di vided into election districts, the Inspectors of Election shall consist of one Alderman of the ward, one of the persons appointed by the Common Council for that pur pose, and one elector of the ward and district, chosen by a viva voce vote of the electors present, at the time of opening the polls; and if, from any cause, either or both of the Aldermen, or of the Inspectors appointed by the Common Council, shall fail to attend such elec tion, his or their places shall be supplied by the elecOath of In- tors present, who shall elect any of their number viva spectors. vote. Said Inspectors, before entering upon their duties, shall each take the same oath of office prescribed for other officers under this act.c [As amended by Iaws of 1861, p. 184.] Clerks of (~ 40.) SEC. 4. The Inspectors of each ward, if not eleet'n how appointed. divided into election districts, and in each district, if so divided, shall appoint two competent Clerks of the elec tion, who shall take the same oath as the Inspectors, which oath either of the Inspectors may administer. [ As arnendedl by L(tws of 1861, p. 184.] Ballot box. (~ 41.) SEC. 5. One suitable ballot box, with lock and key, shall be provided and kept by the City Clerk, at the expense of the city, for each ward or district; Section 17, ante. 28 CHAPTER III. CHART'ER OF THE CITY OF DETROIT. ELECTIONS: HOW CONDUCTED. and it shall be the duty of the City Clerk to deposit such box, with the key, in the hands of the Inspectors of each ward or district, prior to the opening of the polls. [ As amendekd by Laws of 1861, p. 184.] (~ 42.) SEC. 6. The polls of election shall be opened 0n e n ing at eight o'clock in the forenoon, or as soon thereafter Polls' as may be, on the day of election, and shall be continued open until five o'clock in the afternoon of the same day, and no longer. ( ~ 43. ) SEC. 7. The qualifications of electors, under Qfualifecat'n this act, shall be those prescribed in the first section of the seventh article of the constitution of this State, which is as follows: "In all elections, every white male citizen, every white male inhabitant residing in the State on the twenty-fourth day of June, one thousand eight hundred and thirty-five; every white male inhabitant residing in this State on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become a. citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant, of Indian descent, a native of the United States, and not a member of any tribe, shall be aut elector, and entitled to vote; but no citizen or inhabitant shall be an elector, or entitled to vote at any election, unless he shall be above the age of twenty - one years, and has resided in this State three months, and in the township or ward ill which he offers to vote, ten days next preceding such election." (~ 44.) SEC. 8. If, at any election, a vote shall be Challe'nge challenged, either of thile InspectorsofEl nd o t shall be challenged' either of the Inspectors of Electioni shall be 29 CHAPTER III. CHAR'TER OF THE CITY OF DETROIT. ELECTIONS: How CONDUCTED. authorized to swear or affirm the person whose vote is challenged, to answer such questions as may be put to him touching his qualifications as ani elector, and said Inspectors shall decide from such examination as to the legality of such vote.d Perjury. ((~ 45.) SEC. 9. If any person, thus sworn or affirlned, shall willfully swear or affirm falsely, as to any material matter concerning his qualifications as an elector of said city, he shall be deemed guilty of perjury, and may be Punishment prosecuted therefor; and, on conviction thereof, be pun ished by a fine not exceeding one thousand dollars, or imprisonment at hard labor in the State Prison for a period not exceeding five years, or both, in the discretion of the court.e Punishment (~ 46.) SEC. 10. If any person shall vote in more for voting more than once.an than one ward or district, or more than once in the same ward or district, at any election in said city, he may be prosecuted therefor, and, on conviction, shall be punished by a fine not exceeding five hundred dollars, or imprisonment at hard labor in the State Prison fo'r a period not exceeding three years, or both, in the discre tion of the court. [As amnended by Laws of 1861, p. 185.] Conducting (~ 47.) SEC. 11. The manner of conducting and elections. \~cnutn voting at elections to be held under this act, the keep ing of the poll lists, canvassing of the votes, certifying the returns, and all other proceedings connected with such elections, shall be the same, as nearly as may be, as is now, or hereafter may be provided for by the laws of d See Section 483. e For penalty of illegal voting, see Compiled Laws, section 5915; also post, sections 484 and 481. 30 CHAPTER III. CHARTER OF THE CITY OF DETROIT. ELECTIONS: HOW CONDUCTED. this State, applicable to general State elections, except as may be otherwise provided in this act. (~ 48. ) SEC. 12. On canvassing the votes, the In- Certifyil. returns lof spectors shall certify a full and true return thereof, un-election' der their hands, to the Clerk of the city, carefully sealed up, together with the poll lists and ballots, within seventy-two hours after the closing of the polls; and the Inspectors of each election district shall thereupon choose one of their number to represent such election district, in the Board of City Canvassers, and the persons so chosen shall form the Board of Canvassers for the city, and shall, on the Saturday next after election, at three o'clock in the afternoon, meet at the City Clerk's office, or in the Common Council chamber, and proceed to open and canvass the said returns, and declare the result of Canvass. the election. [As amended by -Laws of 1861, p. 185.] (~ 49. ) SEC. 13. Special elections shall be conducted, Conductilng special elecas near as may be, in the same manner as general elec- tions. tions,f but in such cases the returns of the Inspectors shall be opened and canvassed, and the result declared by the Common Council, at its first meeting after the making of said returns. (~ 50.) SEC. 14. If any person be voted for at any Ballots for vacancy. election, to fill a vacancy, or residue of a term, the ballots of the electors shall designate such vacancy or residue. To desig nate vacan (~ 51.) SEC. 15. In the canvass of votes, any person PYlurality to elect. who has received a plurality of the votes for any office, shall be declared duly elected to such office. 52.) SEC. 16. When two or more persons shall IProcesedifnt'se ~~~~have an equal number of votes f~~inor the same office, the have an equal number of votes for the same office, the I As to review of Registration in such case, see section 502. 31 CHAPTER III. CHIIARTER OF THE CITY OF DETROIT. EFLECTIONS: HIIow CONDUCTED. election shall be determined by the drawing of lots in the presence of the Common Council. The names of each of such persons shall be written on separate slips of paper and deposited in a box, or other proper place, and the President of the Common Council shall draw out of said box, or other place, in the usual manner of determining by lot, one of said slips, and the person whose name is thereon, shall be deemed entitled to hold the office for which he received said votes, in the same manner as other officers duily elected. Modeofcon- (~ 53.) SEC. 17. The mode of conducting all State, dtate, n g trict, and district and county elections in said city, shall be in the county elections. manner herein provided for the election of city officers, except that the returns thereof shall be made to the County Clerk, and the same proceedings had, as near as may be, as are now or hereafter may be provided by law for the return of votes by township Inspectors of Election. Privilege (~ 54.) SEC. 18. No person, entitled to vote at any from arrest. election held under this act, shall be arrested on civil process, within said city, on the day on which such election is held.g First elec- (~ 55. ) SEC. 19. The first election, under this act, tion; time of. shall be held on the first Tuesday after the first Mon day in November, 1857, and all officers now holding offices, by election, in said city, which are made elective by the people, under this act, shall continue to hold their respective offices until the second Tuesday of Jan nary, 1858. The Aldermen of said city, who were elec ted in the year 1855, shall continue in office until the g Constitution, Art. VII, sec. 4, Compiled Laws, sec. 117. 32 CHAPTER III. CHARTER OF THE CITY OF DETROIT. ELECTIONS: HOW CONDUCTED. CHAPTER III. second Tuesday ill January, 1858, and shall be succeeded Officers holding of fice to conin office by the Aldermen who are elected in Novem-tinue. ber, 1857, and the Aldermen who were elected in the year 1856, shall continue in office until the second Tuesday in January, 1859, and shall be succeeded in office by the Aldermen who are elected in November, 1858. In all cases where any new office is created, or where any vacancy may occur, under the provisions of this act, the Common Council may appoint persons to fill the same until the second Tuesday in January, 1858, when their successors shall be appointed, except the Assessor, who shall be appointed for his full term, as herein provided. The present Recorder of said city shall continue to hold his offic(e until the second Tuesday ill January, 1858, and shall possess and exercise the powers and duties now possessed and exercised by him, under the present charter of said city, and shall also be President of the Common Council, and shall possess and exercise the powers and duties of that office, as herein provided, until the expiration of his term of office, and shall receive such salary as the Common Council may prescribe. The present Controller of said city shall continue to hold his office until the first day of April, 1859. The office of Ward Assessor is hereby abolished. 33 CHARTER OF THE CITY OF DETRO1 T. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. CHAPTER IV. OFFICERS: THEIR RIGHTS, POWERS ANJ) DUTIES. SECTION 56. Mayor: his duty. 57. Salary of Mayor; who to act as Mayor in certain cases. 58. President of Council. 59. In certain cases President pro tempore to preside; powers of. 60. Duties of Attorney. 61. Duties of Clerk. 62. Duties of Controller. 63. Fu rt her duties of Controller. 64. Recorder, and Clerk of Recorder's Court. 65. Duties of Treasurer. 66. Powers and duties of Marshal. 67. Assistant Marshal. 68. Powers and duties of Surveyor. 69. Powers and duties of City Collector. 70. Duties of Assessor. 71. Duties of Street Commissioners relative to streets. 72. Duties of Overseers of Highways. SECTION 73. Duties of Ward Collectors, etc. 74. Books, papers, etc., to be deliv ered to successor. 75. General powers and duties of offi cers. 76. Who may administer oaths; Con troller may take acknowledge ment of deeds. 77. Mayor may entertain complaints against persons to whom li censes have been granted for violation of ordinances. 78. Chairmen of Committees may ad minister oaths respecting mat ters pending before them. 79. Unsafe buildings; powers of Coun cil. 80. Claims against city. 81. Clerk to countersign all licenses granted by the Mayor. Mayor; his ( ~ 56. ) SECTIOX 1. The Mayor shall be the chief duty. executive officer of the City of Detroit, and conservator of its peace. It shall be his duty to keep an office in in some convenient place in said city, to be provided by the Common Council; to see that all officers of said city faithfully comply with and discharge their official duties; to see that all laws pertaining to the municipal govern ment of said city, and all ordinances and resolutions of the Common Council be faithfully observed and executed; and he shall have power in his discretion, to report to the Common Council any violations thereof. He shall, 34 CHAPTERIV. CHARTER OF THE CITY OF DETROIT. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. CHAPTER IV. from time to time, give to the Common Council such information, and recommend such measures as he shall deem necessary or expedient. (~57.) SEC 2. The Mayor shall be paid a salary of Salary of Mayor. twelve hundred dollars per annum. In case of a vacancy in the office of Mayor, or of his being unable to perform the duties of his office, by reason of sickness, absence from the city, or other cause, the President of the Common Council shall be acting Mayor; and in case, at the same time, there shall also be a vacancy in the office of President of the Common Council, or he shall be unable to perform the duties of his office, by reason of sickness, absence from the city, or other cause, the President pro Whoisto he acting Maytemnpore of the Common Council shall be acting Mayor; orcertain and such acting Mayor shall be vested with all the powers, and shall perform all the duties of Mayor, until the vacancy or vacancies aforesaid be filled, or the Mayor or President of the Common Council, as the case may be, shall resume his office. (~ 58.) SEC. 3. The Common Council shall, at its Presidentof Com. Counfirst meeting in January in each year, select from their cil. number a President for the year, a and in case of a vacancy, or his temporary absence, supply his place by the election of a President pro tem-pore. (l 59.) SEC. 4. The President pro temipore of the Com- In certain cases Presimon Council shall preside at its meetings, in case of a dtempotr pto preside. vacancy in the office of President of the Common Council, or of his being unable, from any cause, to be present and preside. In such case, the President pro tewmpore shall be invested with all the powers, and shall perform Powersof. a See Section 84. 35 CHARTER OF THE CITY OF DETROIT. CHAPTER IV. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. all the duties of President of the Common Council until he shall resume his office, or the vacancy therein be filled. Duties of (~ 60.) SEC. 5. The Attorney shall appear in and Attorney. conduct all suits, prosecutions and proceedings in the Recorder's Court, to which the city of Detroit is a party, to the end thereof, subject to the rules and practice of said court, and if the same be removed to any other tribunal, by writ of error, habeas corpus, or otherwise, he shall conduct the case before such tribunal. Duties of (~ 61.) SEC. 6. The Clerk of the corporation shall Clerk. keep the corporate seal, and all papers filed in or per taining to his office, and shall be Clerk of the Common Council, shall attend its meetings, and shall make and preserve a record of all its ordinances, resolutions, and other proceedings, in proper books to be provided there for, and when requested, shall duly certify, under the corporate seal, copies thereof, and of all papers duly filed in his office pertaining to the same, and shall pos sess and exercise the powers of Township Clerks. Duties of (~ 62.) SEC. 7. It shall be the duty of the ColnController. troller to countersign all bonds which the corporation or Common Council is authorized to issue, pledging the faith and credit of said city; to receive all accounts and de mnands against the corporation, examine them in detail, audit and allow them, or such parts thereof as to the correctness of which he has no doubt, ahd which the claimant is willing to accept in fill discharge thereof; File vouch- file and number them as vouchers, in the order of their ors. allowance, register them, with the amount allowed and date of allowance, in the same order, in a proper book provided for such purpose, and, on their being properly Draw war- dischaiged ill writing to draw and sign his warrant rants. ~ rtn,sg 36 0 CHARTER OF THE CITY OF DETROIT. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. therefor, upon the Treasurer, when the same is ordered to be paid by the Common Council. If he shall have R egister doubtful ac consand any doubt concerning their correctness, he shall' register rceuntsr an to Com, Counthem in a separate list and return them to the Comi.iion cil. Council, with his objections. If the same be allowed by the Common Council, in pursuance of their authority under this act, on their return to the Controller, with a certificate of the Clerk endorsed thereon that they have been allowed by the Common Council, he shall then file and register them in the list of allowed claims, in the same manner as above provided for the registering of claims audited and allowed by him, and, on their being properly discharged, in writing, shall draw and sign his warrant therefor onil the Treasurer. It shall also be the To resent to ouncil schednle of duty of the Controller to lay before the Common Coun- achednts,let. cil, once in each year, in the month of April, or oftener if directed by the Common Council, a schedule of all accounts audited and allowed by him, and of all leases of the property of the corporation, specifying the names of the lessees, the rates of rent, and the period when the leases will terminate. It shall also be the duty of To examine tax rolls ofand returns the Controller to examine the tax rolls and returns of of city of ficers. the city officers, and take general supervision of the financial concerns of the corporation; to keep a complete set of books, exhibiting the financial condition of the corporation in its various departments and funds, its resources and liabilities, with a proper classiffication thereof', and each fund or appropriation for any distinct object of expenditure, or class of expenditures. When any such To advise Com. Counfuind or appropriation has been exhausted by warrants f~il wh'nany fund is ex hausted. already drawn thereon, or by appropriations, liabilities, debts, and expenses actually made, incurred, or contracted 37 CHPATER IV. CHARTER OF THE CITY OF DETROIt'. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. for, and to be paid out of such fund or appropriation, the Controller shall advise the Common Council thereof at its next meeting. To open an (~ 63.) SEC. 8. The Controller shall also open an acco't with Treasurer. account with the Treasurer, in which he shall charge said Treasurer with the whole amount of taxes, general and special, levied in said city, also the whole amount in detail of all bonds, notes, mortgages, leases, rents, in terest, and other moneys receivable, in order that the value and description of all personal property belonging To keep a to the corporation may, at any time, be known. He list of property of corporation. shall also keep a list of all the property, real, personal, and mixed, belonging to the corporation, and of all its debts and liabilities, in order that the amount of the moneys and liabilities of the corporation may at any time be known at his office. The Controller shall also perform such other duties as are prescribed by this act, or may be prescribed by the Common Council, subject to the provisions hereof. The Controller shall also open accounts with the Treasurer, in which hlie shall charge him with all moneys appropriated, raised, or received for each of the several funds of the corporation, and credit him for all the warrants drawn thereon, keeping a sep arate account of debit and credit for each fund, chlarg ing every warrant drawn to the account of the partic ular fund constituted or raised for the specific purpose for which such warrant is drawn, in order that it may be known, at the Controller's office, when each funet has been or may be exhausted, and what balance, if any, may remain therein. Powers and (~ 64.) SEC. 9. The Recorder of the city and duties ofRe- * corder and Clerk oflRe-the Clerk of the RPecorder's Court, shall possess and corder's Court. 38 CHAPTER IV. CHARTER OF I'HE CITY OF I.DETROIT. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. exercise the powers and duties elsewhere prescribed in this act.n (~ 65. SEC. 10. The treasurer shall have the custody Duties ot Treasurer. of all moneys, bonds, mortgages, notes, leases, and evidences of value belonging to the corporation. He shall receive all moneys belonging to and receivable by the corporation, and keep an accurate account of all receipts and expenditures thereof. Hle shall pay no money out of the Treasury, except in pursuance of and by authority of law, and on a warrant signed by the Controller, which shall specify the purpose for which the amount thereof is to be paid. He shall keep an accurate account of, and be charged with, all taxes and moneys appropriated, raised, or received for each fund of the corporation; shall keep a separate account for each fund, and shall pay every warrant out of the particular fund constituted or raised for the purposes for which said warrant was issued, and having the name of such fiend indorsed thereon by the Controller. Hle shall exhibit to the Common Council annually, and as often and for such period as may be required, a full and detailed account of all receipts and disbursements since the date of his last annual report, classifying them by the fund to which such receipts are credited, and out of which such disbursements are made; shall report to the Controller, at the end of each month, the amount received and credited by him to each fund, and on what account received; and shall also, when required, exhibit a general statement showing the financial condition of the treasury; h See section 108, 109, 121, 122. See also, section 568. The Laws of 1867, Vol. I, p. 88, also confers jurisdiction on the Recorder in cases of "forcible or unlawful entry and detainer," 39 CHAPTER IV. CHARTER OF THE CITY OF DETROIT. OFFICERS: THEIR RIGHITS, POWERS AND DUTIES. which account, report, and statement shall be filed in the office of the Controller. Powers and (~ 66.) SEC. 11i The Marshal shall possess and exduties of Marshal. Marhal ercise the powers and duties, as a conservator of the peace, which township constables, under the general laws of this State possess and may exercise, and shall possess and exercise such other powers and duties as shall be prescribed by the Common Council for the preservation of the public peace, and shall possess and exercise the same powers for the service and execution of all writs, process, and warrants issuing out of the Recorder's Court, in cases arising under the ordinances of the city, which Sheriffs now have, or may have by law, for the service and execution of writs and process issuing from the Cir cuit Courts of this State. Hle shall obey and execute all lawfuil precepts and commands of said Common Coun cil, and of said Recorder's Court; shall attend the sit tings -of said court, and he, or one of his deputies, shall attend the meetings of said Common Council.J Assistant (~ 67.) SEC. 12. Assistant Marshals shall have and Marshal. exercise the same powers and duties as the Marshal.J Surveyor's (~ 68.) SEC. 13. The Surveyor shall have power, powers and duties. duties and it shall be his duty, to survey within the corpora tion limits. He shall have the same power to make sur veys and plats within the corporation limits, as are now or may hereafter be given, by law, to county surveyors, and the like effect and validity shall be given to his official acts, surveys, and plats, as are or may hereafter be given, by law, to the official acts, surveys, and plats i By Session Laws of 1857, p. 89, sections 11 and 12, are both numbered as section 12. i Office of Marshall and assistants abolished by section 373. 40 CHAPTER IV. CHARTER OF THE CITY OF DETROIT. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. of county surveyors. He shall make out the assessment rolls for paving, for side and crosswalks, for lateral sewers, and for all other special assessments, and shall survey for the city. (~ 69. ) SEC. 14. It shall be the duty of the Collec- Collector's duties. tor of the corporation to collect all special assessments imposed and levied by the Common Council, except such as shall be paid by the person assessed to the Receiver of Taxes, prior to the issue of the warrant for the collection of the same, as is or may be provided by the ordinances of said city. [As amended by Laws of 1861, p. 185.] (~ 70.) SEC. 15. The Assessor shall assess all the Assessor's duties. property liable to assessment, for the purpose of levying the taxes lawfully imposed thereon, as hereinafter more particularly provided. The Assessor shall also prepare and return a list of persons to serve as jurors, as hereiniaf ter provided in this act. (~ 7J.) SEC. 16. The Street Commnissioners, within their Street Com mission e rs respective districts, under the direction of the Common to supeein end con struction Council, shall superintend the construction, repairs, and andu clean'g of paven'ts, cleaning of pavements, sidewalks, crosswalks, culverts, and etc. bridges, and direct the working, cleaning, and improving the highways, streets, alleys, and public places in said city. They shall keep an accurate record of the names of persons, together with the number of horses, carts, and wagons employed by them in the several wards, and render, under oath, to the Controller, a true account of the time of each, and the expenses thereof. [As arnended by Laws of ]1861, p. 185.] (~ 72.) SEC. 17. The Overseer of Highways for each DI ties of Overseersof ward shall, under the superintendence and control of the Highways. 4 41 CHAPTER IV. CHARTER OF THE CITY OF DETROIT. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. Street Commissioner, and when directed by him, work and improve the highways, streets, alleys, and public places of said city, in the ward for which he is elected: Provided, That nothing in this act contained shall be construed to prevent the Common Council, in its discre tion, from paving, graveling, macadamizing, or otherwise improving and cleaning the streets, alleys, and public places of said city by contract; in which case such con tract or contracts shall be awarded to the lowest qualified and responsible bidder, after due notice of the time of letting the same, in one or more of the daily newspa pers published in said city. [As amended by Laws of 1861, p. 186.] Duties of (~ 73.) SEC. 18. The Collector for each ward shall Ward Collectors.. lectors collect all State and county taxes assessed and imposed upon the real and personal property of such ward,k and such city, highway, sewer, and school taxes as shall be placed in his hands for collection, by the Receiver of reople vs. Taxes, or other proper officer of said city, and shall acSmith, 9t-h Mich., 193. count for and pay over the same as required by law, or by ordinance, or resolution of the Common Council Director of of said city. The director of the poor and constables the poor and constables, shall have the power and perform the duties of such powers and duties of. township officers, elected under the general laws of the State, subject to the provisions of this act. [As amended by Laws of 1861, p. 611.] Books, etc., (~ 74.) SEC. 19. Whenever any officer shall resign, to be delivered to suecresd sor nc or be removed from office, or the termn for which he offlice. shall have been elected or appointed shall expire, he shall, on demand, deliver over to his successor in office kSee section 461. 42 CHAPTER IV. CHARTER OF THE CITY OF DETROIT. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. all the books, papers, monleys, and effects in his custody, as such officer, and in any way appertaining to his office, and every person violating this provision, shall be deemed guilty of misdemeanor, and may be proceeded against in the same manner as public officers generally Penalties for violat'n. for the like offense, under the general laws of this State, now or hereafter in force and applicable thereto; and every officer, appointed or elected under this act, shall be deemed an officer within the meaning and provisions of such general laws of the State. Gen'l pow ers and du (~ 75.) SEc. 20. In addition to the rights, powers, tie, of offi cer8s. duties, and liabilities of officers prescribed in this act, all officers, whether elected or appointed, shall have such other rights, powers, duties, and liabilities, subject to and consistent with the provisions of this act, as the Common Council may deem expedient, and shall prescribe by ordinance or resolution. (~ 76.) SEC. 21. The Mayor, Recorder, and members Who may a d minister of the Common Council, Clerk, Controller, and Clerk of oaththe Recorder's Court, are hereby authorized generally to administer oaths, and to take affidavits; but neither of said officers shall receive any fees therefor, except said clerks. Controller may take ac knowledg I t The Controller shall have the power to take acknowledg-ofdeeds. t ments of deeds under the laws of this State. (~ 77.) SEC. 22.1 The Mayor may issue process, and Mayor may ~ ~~~~~~~~~~~~~~~entertain c o m plaints hear, in a summary way, any complaint against any per- against per s'ns to wh1'm a license has son to whom a license of any description has been granted be'nlgrant'd for violati'n in pursuance of this act, for any violation of the laws of ordinan of the State, or the ordinances of the corporation, and ,of the State, or the ordinances of the corporation, and By Laws of 1861, p. 186, this and the four following sections are ordered to stand as sections 23, 24, 25, 26 and 27. 43 CHAPTER IV. CHARTER OF THE CITY OF DETROIT. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. may issue subpoenas and compel the attendance of wit nesses, on the hearing of such complaint, in the same manner as Justices of the Peace, in the trial of civil cases, and on such heariing, may annul such license, or suspend it for any certain time. Every determination on such complaint shall be forthwith filed with the Clerk of the city, who shall serve a certified copy thereof on the person hlolding a license, affected by such determina tion, either personal, or by leaving the same at his or her usual place of abode; and from the time of such service, such license shall be annulled or suspended, ac cording, to the tenor of such determination. [As added by Lacts of 1861, p. 187.] Chairmenof ( 78.) SEC. 23. The chairman of any committee, or comminittees may administer oaths special commnittee, or of any board established by this respec t i n g m a t t e rS pending be- act, may administer any oath, or take any affidavit in fore them. respect to any matter pending before them respectively. [As added by -Laws of 1861, p. 187.] Unsafeb'ld- ( 79.) SEC. 24. Whenever, in the opinion of the ings, powers ofCut cr. fCn- Common Council, any building, fence, or other erection of any kind, or any part thereof, is liable to fall down and endanger persons or property, they may order any owner or occupant of the premises on which such building, fence, or other erection stands, to take down the same, or any part thereof; within such time as they may direct. In case the order be not complied with, they may cause the same to be taken down at the expense of the city, on ac count of the owner of the premises, and assess the expense on the land on which it stood. The order, if not immedi ate in its terms, may be served on any occupant of the premises, or be published in the city paper, as the Common Council shall direct. [As add(ed by Lawts of 1861, p. 187.] 44 CHAPTER IV. CHARTER OF THE CITY OF DETROIT. OFFICERS: THEIR RIGHTS, POWERS AND DUTIES. (~ 80.) SEC. 25. The Common Council shall audit Claimsag'st city. and allow all accounts chargeable against the city; but no unliquidated account, or claim, or contract, shall be received for audit or allowance, unless it be accompanied with an affidavit of the person rendering it, to the effect that he verilv believes that the services or property therein charged, have been actually performed or delivered for the city; that the suims charged therefor, are reasonable and just, and that, to the best of his knowledge and belief, no set-off exists, nor payment has been made on account thereof, except such as are included or referred to in such account or claim. It shall What sumf eient bar to be a sufficient bar and answer to any action or pro- actionag'st. ceeding, in any court, for the collection of any demand or claim against said city that it has never been presented to the Council for audit or allowance, or if on contract, that it was presenited without said affidavit, and rejected for that reason, or that the action or proceeding was brought before the Council had a reasonable time to investigate and pass upon it. [As added by Laws of 1861, p. 187.] ( 81. ) SEC. 26. The City Clerk shall countersign all Clerk to countersign licenses granted by the Mayor, or any other officer there-licenses. to authorized, and shall enter, in proper books, full minutes of all such licenses, and no license shall be valid unless so countersigned. [ As added by Laws of 1861, p. 188.] 45 CHAPTER IV. OHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. SECTION 82. Aldermen to constitute Common Council. Absent Aldermen. 83. City Clerk to be Clerk of. 84. Council to appoint President. Term of office. Clerk to call first meeting to order and pre side. 85. Sessions of Council. 86. Special sessions-how called. No tice of. 87. What ordinances and resolutions to be presented to Mayor for his approval. His duty, if he approve or disapprove. 88. Mayor's veto. 89. Duty of Council to reconsider the vote. 90. Clerk's certificate of presentation, and recording same. 91. Ordinances to be recorded. 92. Publication of Council proceedings. SECTION 93. Style of ordinances. 94. Council meetings to be public. 95. Right of petition. 96. Council judge of qualification of members. 97. Council powers over city property. 98. What resolutions or ordinances not to pass at time introduced. Yeas and nays - when to be taken, and how demanded. 99. Aldermen interested not to vote. 100. Appointments and removals-how made. 101. Standing committees. 102. Powers of chairmen thereof. 103. Enumeration of general powers. 104. Further enumeration of powers. 105. S ame. 106. When re-assessment of taxes may be ordered. Com. Coun- (~ 82.) SECTION 1. The Aldermnen of the city shall cil quorum. constitute the Commnon Council thereof, and a majority of all the Aldermen elected shall be a quorum for trans action of business, but a smaller number may adjourn Absent al- from day to day; and upon a call of the Council by dermen sent tor. any member thereof, if supported by a majority of the members present, whether a quorum or not, the Presi dent shall have power to send a Sergeant of Police, or any other member of the police force of the city, to bring the absent alderman forthwith before said Common Council. [As amnended by Laws of 1867, Vol. II, p. 1115.] 46 CHAPTER V. CHARTER OF THE CITY OF -DETROIT. COMMON COUNCIL: PONVERS AND DUTIES. (~ 83.) SEC. 2. The Clerk of the city shall be Clerk city' Clerk to beClerk of the Common Council. of. (~84.) SEc. 3. The Common Council, at its first President; appointm'nt meeting after the annual city election, and after the newly oI. elected Alderman or a majority thereof shall have entered into their offices, shall appoint, by ballot, one of their n umbe r president, who shall serve until the first meeting Term of of rice. of the Common Council after the next annual election, unless sooner removed by death or otherwise, and shall have the powers and duties prescribed in this act.a And the Clerk of said city shall call the first meetiingFirst meet Ing. of such newly elected aldermen to order, and shall preside over the same, and each of their subsequent meetings, until a President of such Common Council shall be elected, and no other business shall be transacted by said Council until a President thereof shall have been chosen. [As axnended by Laws of 1867, Vol. II, p. 38.] (~ 85. ) SEC. 4. The Common Council shall hold reg- Sessions of Council. ular sessions at such times and places as they shall, by ordinance or resolution direct, and may adjourn regular sessions from time to time, as may be deemed expedient. (l 86.) SEC. 5. Special meetings of the Common Spec'l1 meet' i ~ ~~~~ngs; by whom cal'd. Council may be called at any time by the Mayor; or, if one - third of all the Aldermen elected shall, in writ ting, request the President of the Common Council to call a special meeting, stating therein the time and objects thereof, and he shall refuse or neglect, for twentyfour hours, to call such mneeting, a copy of such request to the President, may be filed with the Clerk of the I See section 58, ante. Sec 101. 47 CHAPTER V. CHARTER OF THE CITY OF DETROI1'. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. city, with the certificate of any Alderman indorsed there oen, showing the presentation thereof to the President, and his refuisal or neglect as aforesaid, and thereupon such special meeting shall be held, and the Clerk of the Notice of city shall cause notice thereof, and of its time and place, spec'l meetings. to be served on each of the members of the Common Council personally, or by leaving the same at their usual place of abode, and the proceedings of said meeting shall be limited to the objects thereof, as set forth in such May be ad- request to the President. Special meetings may be adjourned journed. fiom time to time, as may be deemed necessary, in order to dispose of the business which they are called to consider. Ordinances (~ 87.) SEc. 6. Every ordinance, resolution, or proand resolutioensent to bceeding of the Common Council imposing taxes or aspresented toeeinConi,txso Mayor for approval.,orogiaicth e approval sessments, or originating the expenditure or disposal of money or property, or whereby the corporation, or any board of officers under this act, may incur any debt or liability, and every ordinance and resolution, except reso lutions making appointments to or removal from office, and except ordinances and resolutions for the fixing of salaries, and for the payment of debts and liabilities, previously and lawfully contracted, shall, before it takes IfM-ayorap- effect, be presented by' the Clerk to the Mayor. If the proves, he shall write and.sign his the Mayor approve thereof, he shall thereon write his approval. approval with the date thereof, and sign the same, and thereupon such ordinance, resolution, or proceeding shall IfMayorgo into effect; and such as he shall not so approve and shall not apPhrv e,r ht re sign, he shall return to the Common Council, with his .Pha return with his objections. objections thereto, in writing, under cover, sealed and addressed to said Common Council. Mayor's ve- (~ 88. ) SEC. 7. If the Mayor shall neglect to approve, to. as afolresaid, any ordinance, resolution, or proceeding, 48 CHAPTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES.C or return the same, as aforesaid, to said Common Council, with his objections, at its next regular meeting after the same shall have been presented to him by the Clerk, as before provided, the same shall go into effect. (~ 89.) SEC. 8. Upon the return, as aforesaid, of Rteconosider ation of ve toed resoluany ordinance, resolution, or proceeding, the Common tions, etc. Council shall proceed to reconsider the vote by which the same was passed and adopted; and if, after such reconsideration, two - thirds of all the members elected shall agree by ayes and noes, which shall be entered of record, to pass or adopt the same, it shall go into effect. (~ 90.) SEC. 9. The Clerk of the city shall, at the Clerk's er tificate ~,f time of presenting any ordinance, resolution, or proceed- presentat'n. ing of the Common Council to the Mayor, for his approval or disapproval, make a certificeate, to be indorsed thereon or attached thereto, in which he shall specify the day on which the same was so presented; and such Recording certi~ficate. certificate shall be recorded with the proceedings of the Common Council. (~ 91.) SEC. 10. All ordinances, resolutions, and writ- Ordinances, e, ~~ ~ etc., deposi ted with the ten proceedings of the Common Council shall be depos- tcedwk and recorded. ited in the office of the Clerk of the city, who shall safely keep the same, and they shall be recorded in proper books, to be provided therefor. Hle shall keep a C 1 e r k to keep journ'l ad record. journal record of the proceedings of the Conmmon Coun- and record cil, and also a record of every ordinance enacted, and of the time of its first publication, which record shall be signed by the Clerk, and by the President of the Common Council. (~ 92.) SEC. 11. All proceedings of the Common Publication of proceedCouncil shall be published in some daily newspaper ings. 49 CHAPTER V. CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. published in said city.b All ordinances shall be published for six successive days in the official daily newspaper of said city, and in one other daily newspaper published in said city, and shall take effect in ten days after their Proviso. enactment: Provide(l, however, That the Common Coun cil may fix and prescribe therein, a different period, and that no ordinance shall take effect before at least one publication thereof. Style of or- ( 93.) SEC. 12. The style of ordinances shall be: dinances. " It is hereby ordained by the Common Council of the City of Detroit." c o u n cl (~ 94.) SEC. 13. All meetings of the Common Counmeetings to be public. cil shall be public, and its proceedings and records shall be open to public inspection, at reasonable times. Right ofpc- (~ 95.) SEC. 14. The inhabitants of said city shall tition. have the right to petition the Common Council. Powers of (l 96.) SEC. 15. The Common Council shall be the Com. Councni. cil judge of the election and qualifications of its own mem bers, and shall have the power to determine contested Proviso. elections; to fix the compensation of its members: Pro v?ided, The per diem allowed shall not exceed one dolCompensa- lar and fifty cents to each member for actual attendance tion of members. at each regular session of the council; to compel the at tendance of absent members, to determine the rule of its proceedings, and pass all by - laws and rules necessary and convenient for the transaction of business, and not inconsistent with the provisions of this act. [As amended by Laws of 1867, Vol. II, p. 1111.] Council's (~ 97.) SEC. 16. The Common Council shall have the powers over city proper- general management and control of the finances, and all ty. b The publication furnishes a presumption of notice. People vs. HartwelI, 12 Mich., 503. See also Williamns vs. Mayor, etc., of Detroit, 2 Mich., 560. 50 CHAPTER V. CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. the property, real, personal, and mixed, belonging to the corporation, whether lying within or beyond the limits of said city, with full power to lease, sell, convey, transfer and dispose of the same absolutely; and shall have power to make all necessary regulations for preserving and protecting the same from destruction, decay, or injury, and concerning the management thereof. (~ 98.) -SEc. 17. No resolution, ordinance, or pro- Money reso lution, etc., n not to be ceeding of the Common Council, imposing taxes or as- passe at same mieetsessmnients, or requiring the payment, expenditure, or dis- ingistwihlichl duced. posal of money or property, or creating a debt or liability therefor, and no other ordinance, shall be passed at the same meeting at which it was introduced, unless by Exception. unanimous consent, or at a special meeting called therefor; and every such ordinance, resolution, or proceeding, shall be passed by yeas and nays, to be entered on the Yeas and Nays. record; and, upon the demand of one-fourth of the members present, the yeas and nays shall be taken on any question and entered on the record. (~ 99.) SEc. 18. No Alderman shall vote on any Aldermen interested question in which he is interested; on all other questions not to vote. every Alderman present shall vote, and in all cases of a tie vote, the question shall be lost. (~ 100.) SEc. 19. All appointments to office shall be ApoirntmtS anremo vals by a made byaa majority vote of all the Aldermen elected, and majority vote. removals from office shall be made by the like vote, except in cases where, by this act, a different vote may be required. (~ 101.) SEC. 20. The President of the Common Standing Conimittees Council shall appoint such committees as the Commnon Council may deem necessary. The duties of standing committees shall be prescribed by general ordinance.~ I Revised Ordinances of 1863, p. 44. 51 CHAPTER V. CHARTER OF THE CITY OF DETROIT.' COMMON COUNCIL: POWERS AND DUTIES. Powers of (~ 102.) SEC. 21. The chairman of any committee, Chairmnan of committees Committees and the members of any board, established by or under this act, may administer oaths and take affidavits in re spect to any matter pending before such committee or board; such committees or board shall have power to subpoena witnesses, to compel their attendance, and the production of necessary papers in all examinations pend ing before them, and to that end the Common Council may prescribe and regulate the necessary proceedings, and confer upon the Marshal, or other officer of tile cor poration, all needful powers for the purposes aforesaid. Powers of (~ 103.) SEC. 22. The Common Council, in addition Council. to its other powers under this act, and subject to and consistently with its provisions, shall have power within the limits and jurisdiction of the corporation: Com p ensa- 1st. To determine and regulate the compensation of tion of officers. all officers elected or appointed under this act, except as is herein otherwise provided; but the compensation of no officer, fixed by an annual or periodical salary, shall be diminished during the term for which he was elected or Salary. appointed. The salary of no officer shall be increased during his term of office, unless by a two -thitds vote of the Common Council. Appointmts 2d. To provide for and regulate the election and apanr removals. pointment of all officers, and for their removal firom of fice, and for the filling of vacancies, subject to this act. Fees and 3d. To authorize and regulate the demand and recosts. ceipt, by officers, of such fees and costs, and in such cases as the Common Council may deem reasonable. Fees of Ju- 4th. To fix and regulate the fees of jurors and witrors and witnesses. nesses, in any proceeding under this act, or under any ordinance of the Common Council. 52 CHAPTER V. CHARTER OF THE CITY OF DETROIH. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. 5th. To provide for and preserve the purity and Detroit Riv er, salubrity of the waters of the Detroit River; to prohibit and prevent the depositing therein of all filthy and other matter tending to render said water impure, unwholesome, or offensive; to preserve and regulate the nlavigation of the said river, within the limits of said city; to prohibit and prevent the depositing or keeping therein any structure, earth, or substance, tending to obstruct or impair the navigation thereof, and remove all obstructions that may, at any time, occur therein; and to direct and regulate the stationing, anchoring, and mooring of vessels, and laying out of cargoes and ballast from the same. 6th. To license, continue, and regulate so many fer-Ferries. ries from within said city, to the opposite shore of the Detroit River, for carrying and transporting persons and Chilvers vs. Peop~le, llth property across said river, in such manner as shall seem Mich., 43. most conducive to the public good. 7th. To erect, repair, and regulate public wharves Wharves and docks. and docks at the ends of streets, and on the property of the corporation; to regulate the erection and repair of private wharves and docks, so that they shall not extend into the Detroit River, beyond a certain line to be established by the Common Council; and to prohibit the encumbering of all public wharves and docks, with boxes, carriages, carts, drays, sleighs, sleds, or other vehicle or thing whatsoever. 8th. To lease the wharves and wharfing privileges at Leases of wharves. the ends of streets, on the Detroit River, in said city, upon such terms and conditions, and under such covenants, and with such remedies, in case of non - performance, as the Common Council may direct; but no buildings shall 53 CHARTER OF THE CITY OF DETROIT. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. be erected thereon. No lease thereof shall be executed for a longer period than three years, and a free passage at all times, for all persons, with their baggage, over said public wharves. Highways 9th. To work and improve all highways, avenues, and streets. streets, lanes, alleys, and public spaces within said city; to assess and levy upon all taxable property within said city, and expend such highway taxes as may be neces sary therefor, and to elect whether the same shall be collected in money or labor, in such amount as the Common Council shall prescribe for each ward respectProviso. ively: Providel, Stich highway taxes shall not in amount exceed the rates now fixed by law, and the same shall be collected, assessed, and levied as other taxes.d Public p'rks 10th. To make, grade, improve, and adorn the public etc. parks, squares, spaces, and all grounds in said city, be longing( to or under the control of the corporation, and to control and regulate the same consistently with the purposes and objects thereof. Opening of 11th. To establish, open, widen, extend, straighten, streets, etc. alter, vacate and abolish highways, streets, avenues, lanes, Hlinchman alleys, and public grounds or spaces within said city;e Vs. City of Detroit, 9th Mich., lit. and to grade, pave, repair, and otherwise improve the highways, streets, avenues, lanes, alleys, or interior pub lic spaces, created by the intersection of streets, cross walks, and sidewalks in said city, with stone, wood, brick, or other material; and the Common Council shall have Pay'g costs ftlill power and authority to provide for paying the costs an d expenses. and expenses thereof, by assessment on the owner of the d Comp. Laws, Section 1,017. e Sec Section 157, xost. 54 CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. lot or premises in front of or adjacent to which such highwaysr, streets, avenues, lanes, alleys, interior or public spaces, crosswalks or sidewalks, may be directed to be graded, paved, r e-paved, or otherwise improved: Pro- Proviso. vi(tet, That the cost of such grading, paving, repairing, or improving such interior or public spaces shall be assessed to each block, in such proportion as the Common Council shall deem just and equitable. Provid,ed, further, 2dProviso. That each block shall only be assessed to the center of such interior or public spaces, each way; which assessmenit shall be a lien, until paid, on such lot or premises in front of or adjacent to which such grading, paving, repairing, and improving may be directed, and shall be collected in the same manner as other assessments or taxes imposed by authority of the Common Council. Whenever such grading, paving, repairing, and improving shall be at the intersection of two or more avenues or streets, and in front of or adjacent to the point of a triangular block, such portion of the costs and expenses thereof shall be assessed to and paid by the City of Detroit, as the Common Council shall deem just. 12th. To sell, or otherwise provide for disposing of Dirt,etc. all dirt, filth, manure anid cleanings, lying in or gathered from highways, streets, avenues, lanes, alleys, and public spaces, and all earth to be removed therefrom, or fiom the public squares and grounds of said city, in grading, paving, or otherwise improving the same. 13th. To clean the highways, streets, avenues, lanes, Cleaning streets, etc. alleys, public grounds and squares, crosswalks and sidewalks, in said city, of filth, muid, and other substances; to prohibit and prevent the incumberiing thereof with boxes, signs, posts, and all other materials or things 55 CHARTER OF THE CITY OF DETROIT. CHAPTER V. COMMON COUNCIL: POWERS AND D)UTIES. whatsoever, and to remove the same therefrom; to pre vent the exhibition of signs on canvas, or otherwise, in and upon any vehicle, standing or traveling, upon the streets of said city; to control, prescribe, and regulate the mode of constructing and suspending awnings, and the exhibition and suspension of signs therein; to com' pel the occupants of lots to clear the sidewalks in front of and adjacent thereto, of snow, ice, dirt;, mnud, boxes, and every incumbrance or obstruction thereon; to con trol, prescribe and regulate the manner in which the highways, streets, avenues, lanes, alleys, public grounds, and spaces, within said city, shall be used and enjoyed; to direct and regulate the planting, and provide for the preservation of ornamental trees therein ll; to provide for and regulate the lighting of the same, and the erection of lamps and lamnp - posts therein; to prohibit and pre vent racing, and fast or dangerous driving and riding therein; to prohibit and prevent the flying of kites, and all practices, amusements, and doiings therein, having a tendency to frighten teams and horses, or dangerous to life or property; to remove, or cause to be renmoved, all walls and other structures that may be liable to fall therein, or otherwise, so as to endanger life or property. Riots, etc. 14th. To prohibit and prevent any riot, rout, disor derly noise, disturbance, or assemblage, or the crying of any goods in the streets, or elsewhere in said city. Quiet',on 15th. To preserve quiet and order on the docks, and (locks and streets. in the streets of said city, at the arrival and departure of rail road cars, steamboats, and other vessels, and prescribe and regulate the manner and places in which drivers, porters, runners, solicitors, agents, and baggage collectors for hotels or public houses, or express companies, 56 CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. draymen, cabmen, cartmen, hackmen, omnibus drivers, and solicitors for passengers, or for baggage, with their drays, carts, cabs, carriages, sleighs, or other vehicles, shall stand, and to prohibit or prevent them from entering or driving within ally rail road depot, or upon any wharf or dock, or entering upon any steamboat, or other vessel, to solicit passengers, or for baggage. 16th. To prescribe places or stands in the streets of Stands for vehicles. said city, within which drays, carts, cabs, hacks, coaches, carriages, sleighs, sleds,' and other vehicles may stand and be kept for hire, and within which loads of wood, coal, hay, and other articles may be kept for sale, and to regulate such stands and places. 17th. To prohibit and prevent the exhibition of fire- Fireworks. works, and firing of cannon, or any fire-arms, which the Common Council may deem dangerous to life or property. 18th. To permit any person to pave or plank the Pavingside. walks., sidewalks in front of the premises owned or occupied by such person, in said city, under the direction of the Street Commissioners, or some other officer of the corporation, and according to such regulations as the Common Council shall prescribe; and whenever any street shall have been paved, graveled, planked, or macadamised by the Common Council, and the assessment for the costs and expenses thereof has been duly paid to the corporation, such person shall not be assessed or compelled to pay any district, road or highway tax on the premises in fiont of which such pavement shall have been made, so long as he shall keep the same in repair, to the satisfaction of the Common Council. 19th. To prohibit and prevent, in the streets or else- Indecent exposure of where in said city, indecent exposure of the person, the person, etc. 5 57 CHAPTER V CHARTER OF THE CITY OF DETROIT. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. show, sale, or exhibition for sale, of indecent or obscene pictures, drawings, engravings, paintings, and books or pamphlets, and all indecent or obscene exhibitions, and shows of every kind. Cattle at 20th. To prohibit and prevent, or regulate the leadlarge in sts. ing and driving, or running at large, of cattle, horses, asses, mules, swine, sheep, goats, geese, and domestic fowls, in the streets, or elsewhere in said city, and to impound the same, when running at large, in one or more sufficient pounds, to be provided and maintained by the city, and to sell the same to pay the costs of pro ceedings, and any penalty thereby incurred, rendering the surplus, if any, to the owner. Dogs. 21st. To prohibit and prevent, or regulate the run ning at large of dogs, to require them to be muzzled, and to authorize their destruction when running at large in violation of any ordinance of the Common Council; Securing to compel persons to fasten or secure their horses, oxen, teams. or other animals, attached to vehicles, or otherwise, while standing or remaining in the streets, lanes or alleys of Driving on said city; to prohibit and prevent persons from driving sideaks. in vehicles, or otherwise, upon or across the sidewalks of said city. Bridges,cul- 22d. To establish, construct, maintain, repair, enlarge, verts,sew'rs v and drains. and drains. and discontinue, within the highways, streets, avenues, lanes, alleys, and public spaces of said city, such bridges, culverts, sewers, drains, and lateral drains and sewers, as the Common Council may see fit, with a view to the proper sewerage and drainage of said city; to compel the owners of all occupied lots, premises, and subdivi sions thereof, within said city, to construct private drains or sewers therefrom, to connect with some public sewer 58 CHARTER OF THE CITY OF DETROIT. C OMMON COUNCIL: POWERS AND DUTIES. or drain. Said private drains and sewers shall be constructed in such manner, and of such form and dimensions, and under such regulations, as the Common Council shall prescribe. 23d. To assess, levy, and collect an annual assess- Assessment on c e-l ars, ment, or tax, on all lots and subdivisions thereof, and lots, etc. on all cellars, drained by private drains or sewers, connected with any public sewer or drain, as hereafter further provided.f 24th. To survey, ascertain, and establish the bounda- B~o undaries of city and streets. ries of the city, and of all highways, streets, avenues, lanes, alleys, public parks, squares, and spaces in said city; to prohibit and remove all encroachments upon the same, by buildings, fences, or in any other manner; and Nu m lge r buildings. to number the buildings, the expense of such numbering to be assessed against and collected of the owner or occupant. 25th. To provide for the draining of any swamp,Draining swamps. marsh, wet or low lands, in said city, or within the distance of three miles therefrom, by the opening of ditches; but a jury, of not less than six disinterested freeholders, of the County of Wayne, before any proposed ditch can be opened, shall ascertain that the opening thereof is necessary or proper; also, whether the benefits which will accrue to the owner or owners of any lands, from the opening of the ditch, will or will not be equal to any damages he or they will sustain thereby. If such benefits are exceeded by the damages, they shall ascertain and certify the damages to which the owner or owners will be entitled, after deducting f See Section 202. 59 CHAPTER V. CH4RTER OF THE CITY OF DETROIT. CHAPTER Y. COMMON COUNCIL: POWERS AND DUTIES. therefrom the amount of benefits their lands will receive, from the opening of the proposed ditch. On payment, or tender of the damages thus ascertained and certified, the Common Council shall have power to enter upon any land through which the proposed ditch will run, with the necessary agents, teams, and implements, to cut and open said ditch, to protect, clean, and scour it from time to time, so as to preserve its original dimensions, and to prohibit and prevent all obstruction thereof, or injury thereto. Markets. 26th. To erect and maintain market houses, establish markets and market places; to lease market stalls, booths, and stands; to provide fully for the good government and regulations thereof, and to prohibit, prevent, and punish forestalling and regrating. The Public 27th. To provide for the preservation of the general health. health of the inhabitants of said city; to make regula tions to secure the same; to prevent the introduction or spreading of contagious or infectious diseases; to prevent and suppress diseases generally, and, if deemed necessary, to establish a Board of Health, and prescribe and regu late its powers and duties. Abatement 28th. To prohibit, prevent, abate, and remove all of nuisances nuisances ill said city, or within the distance therefrom of half a mile, and to punish the authors or maintain ers thereof, and authorize and direct the speedy or im mediate abatement or removal of nuisances, by some of ficer of said city. If, in order to abate or remove any nuisance, the Common Council shall deem it necessary to fill up, level, or drain any lot or premises, they shall have power so to do; to assess the cost and expenses of such filling, leveling, or draining, and impose the same 60 CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. as an assessment or tax on said lot or premises, which shall be a lien thereon, till paid, and shall be collected in the same manner as other taxes and assessments, levied and imposed by authority of the Common Council. 29th. To compel the owner or occupant of any gro- Nuisances. cery, cellar, tallow - chandler's shop, soap, candle, starch, or glue factory, tannery, butcher's shop, or stall, slaughter house, stable, barn, privy, sewer, or other uniwholesome or nauseous house, or place, to cleanse or abate the same, whenever necessary for the health, comfort, or convenience of the inhabitants of said city. 30th. To prohibit and prevent any person from bury- Nuisancesing, depositing, or leaving within the limits of said city, or within one mile distant therefrom, or keeping, or having, on the premises owned or occupied by him, in said city, any dead carcass, putrid or unsound beef, pork, fish, hides and skins, and any article, substance or thing that is unwholesome, or nauseous, and to compel and authorize the removal thereof by some officer of said city; or to compel any person so bringing, depositing, or leaving the same within the limits of said city, or one mile distant therefrom, or having or keeping the same on the premises owned or occupied by him, in said city, to remove the same. 31st. To direct and regulate the construction of eel- Cellars. lars, slips, barns, private drains, sinks, and privies; to compel the owner or occupant to fill up, drain, cleanse, alter, relay, or repair the same, or to cause the same to be done by some officer of the corporation, and assess the exlpenses thereof on the lot or premises having such cellar, slip, barn, private drain, sink or privy thereon, 61 CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. which assessment shall be a lien on such lot or premi ses, and be collected in the same manner as other assess ments, imposed by authority of the Common Council. To direct and regulate the construction of lateral sewers, or drains, for the purpose of more effectually draining all lots, or cellars, yards, and sinks, within the limits of said city, whenever, in their opinion, the same shall be Proviso. necessary: Provided, Such lateral sewers or drains shall be laid or constructed through any of the streets and alleys adjoining, or in front of the premises through which sewers or drains shall be ordered constructed, and assess the expense thereof on such lots or premises bene fitted thereby, which assessment shall be a lien on such lots or premises, until paid, and be collected in the same manner as other assessments, imposed by authority of the Common Council. Fire depart- 32d. To establish a fire department; to provide for ment. the prevention and extinguishment of fires, and to estab lish, organize,. and regulate fire companies, in the man ner elsewhere prescribed in this act. Powder or 33d. To prohibit and prevent, within certain limits in other factr'y or buildings said city, to be determined by the Common Council, the location or construction of buildings for storing powder, powder factories, tanneries, distilleries, buildings for the manufacture of turpentine, camphene, and dangerous or easily inflammable, or explosive substances, slaughter houses and yards, butchering shops, soap, candle, starch, and glue factories, establishments for steaming or render ing lard, tallow, offal, and such other substances as can be rendered into tallow, lard, or oil, and all establish ments where any nauseous, offensive, or unwholesome busi ~~~~~~~~~~~~~~~~~~~~~~~nes,-,~~~~~~~~~s may be carried on. And such buildings, factories,~ hess may be carried on. And such buildings, factories, 62 CHAPTER V. CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. shops, and establishments as aforesaid, now or hereafter to be constructed, in said city, whether within or without the limits, to be determined as aforesaid, together with blacksmith shops, foundries, cooper shops, steam boiler factories, carpenter shops, planing establishments, breweries, and all buildings and establishments usually regarded as extra - hazardous in respect to fire, shall be subject to such regulations in relation to their construction and management, as the Common Council may make, with a view to the protection of any property from injury by fire, or to the health and safety of the inhabitants of said city, and to prevent their becoming in any way nuisances. 34th. To regulate the keeping and conveyance, in said Safe-guards against fire. city, of powder and other combustible or dangerous articles, and the use and kind of lights or lamps to be used in barns, stables, and all buildings and establishments usually regarded as extra - hazardous, in respect to fire. 35th. To prohibit and prevent the location or con-wooden b u i d i ngs, struction of any wooden or frame house, store, shop, or rcmontvuaitna re-building. other building, on such streets, alleys, and places, or within such limits in said city as the Common Council may, from time to time, prescribe; to prohibit and pre-Maybe pro. hibited. vent the removing of wooden or frame buildings from any part of said city, to any lot on such streets, alleys, and places, or within said limits, and the rebuilding and repairing of the same; to prevent the rebuilding or repairing BravYws. North est of wooden buildings on said streets, alleys, and places, or Ins. Co. lth Mich., 425. within said limits, when damaged by fire, or otherwise. 36th. To regulate the construction of partition fences, Partition fenc's,walls, and of partition and parapet walls, the thickness of walls,g chimneys, etc, g See Section 104, post. 63 CHARTER OF THE CITY OF DETROIT. CHAPTER V, COMMON COUNCIL: POWERS AND DUTIES. and the size of brick; to regulate the construction of chimneys, hearths, fire-places, fire-arches, ovens, and the putting up of stoves, stove - pipes, kettles, boilers, or any structure or apparatus that may be dangerous in causing safe-gnards or promoting fires; to prohibit and prevent the burning against fire. out of chimneys and chimney flues; to compel and regu late the cleaning thereof, and fix the fees therefor; to compel and regulate the construction of ash - houses, or deposits for ashes; to compel the owners of houses, and other buildings, to have scuttles upon the roofs thereof; and stairs or ladders leading to the same; to appoint one or more officers to enter into all buildings and en closures, to discover whether the same are in a danger ous state, and to cause such as are in a dangerous state ffice.ers at to be put in a safe condition; to authorize any of the :fires. officers of the city to keep away from the vicinity of a fire, all idle or suspicious persons, and to compel all offi cers of the city, and other persons, to aid in the ex tinguishment of fires, and in the preservation of property exposed to danger therefrom. Bathing. 37th. To prohibit and prevent, or to regulate bathing and swimming in any of the waters in and adjoining said city, determine the times and places thereof, and prohibit and prevent any obscene or indecent exhibition, exposure, or conduct thereat. houses of 38th. To prohibit, prevent, and suppress the keeping ill-fame and assignation. of houses of ill-fame, or assignation, or for the resort of common prostitutes, disorderly houses, and disorderly groceries; and to restrain, suppress and punish the keep ers thereof; to punish, restrain and prevent common prostitutes, vagrants, mendicants, street beggars, drunken Games. or disorderly persons; to prohibit, prevent, and suppress 64 CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. mock auctions, and every kind of fraudulent game, devise, or practice, and' punish all persons mnanaging, using, practicing, or attempting to manage, use, or practice the same, and all persons aiding in the managemient, use, or practice thereof. 39th. To prohibit, prevent, and suppress the sale of Uentsound meats. every kind of unsound, nauseous, and unwholesome meat, poultry, fish, vegetables, or other articles of food and provisions, and impure or spurious wines and spiritous liquors, and to punish all persons who shall knowingly sell thee same, or offer or keep the same for sale. 40th. To prohibit, restrain, and prevent persons from Gaming. gaming for money, with cards, dice, billiards, nine or ten pin alleys, tables, ball alleys, wheels of fortune, boxes, machines, or other instruments or devices whatsoever, in any grocery, store, shop, or any other place in said city; to punish the persons keeping the building, instruments, or means for such gaming, and compel the destruction of the same. 41st. To prohibit, prevent, and suppress all lotteries Lotteries. for the drawing or disposing of money, or any other property, whatsoever, and to punish all persons maintaining, directing, or managing the same, or aiding in the maintenance, direction, or management thereof. 42d. To prohibit and prevent persons from selling or lqtors.tg giving away ardent spirits, or other intoxicating liquors, to any child, apprentice, or servant, without the consent of his or her parent, guardian, master, or mistress; to license and regulate the selling or giving away of any ardent spirits, or other intoxicating liquors, by any shopkeeper, trader, grocer, inn, hotel, or tavern-keeper, keeper of any ordinary, saloon, recess, victualing, or other house, 65 CHAPTER V. CHARTER OF THE CITY OF DETROIT. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. or by any other person, in case the selling or giving away of ardent spirits, and other intoxicating liquors, and licensing the sale thereof, shall hereafter be author ized by the laws of the State. To license 43d. To license and regulate solicitors of passengers porters and runners. or for baggage for the benefit of any hotel, tavern, pub lic house, boat or railroad, also draymen, carmen, truck men, porters, runners, drivers of cabs, hackney coaches, omnibusses, carriages, sleighs, express vehicles and vehicles of every other description used and employed for hire, and to fix and regulate the amount and rates of their compensation. Auctioneers 44th. To license and regulate auctioneers, hawkers, peddlers,etc peddlers and pawn - brokers, and regulate auctions, hawk ing, peddling and pawn-brokerage; to license and regu late the peddling and hawking of fruits, nuts, cakes, re freshments, jewelry, merchandise, goods and other prop erty whatsoever, by hand, hand - cart, show - case, show stand or otherwise in the public streets. Public exhi- 45th. To prohibit and prevent, or license and regubitions. late the public exhibition by itinerant persons, or comp anies, of natural or artificial curiosities, caravans, circuses, menageries, theatrical representations, concerts, musical en tertainmnents, exhibitions of common showmen, and shows of any kind. Hotels, etc. 46th. To license and regulate the keepers of hotels, taverns and other public houses, grocers and keepers of ordinaries, saloons, and victualling, or other houses or places for furnishing meals, food or drink. Butchers, 47th. To license and regulate butchers; to license provision dealers, etc. ealersetCand regulate or suppress hucksters, and to license and regulate the keepers of shops stalls, booths or stands at 66 CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. markets or any other place in said city, for the sale of Ash vs. Peo ple, 11 Mich. 351. any kind of meat, fish, poultry, vegetables, food or provisions. 48th. To license and regulate keepers of billiard tables, Billiards and pin alpin alleys, nine or ten pin alleys, but not for the pur-leys. pose of gaming. 49th. To license and regulate public bath houses or Bathhouses bath rooms on land, and any public floating bath houses, bath rooms or vessels on the Detroit River. 50th. To establish and regulate an efficient system of Police. police for the good government of said city; to appoint, on the recommendation of the Mayor, or acting Mayor, policemen and watchmen, who shall possess and exercise the same powers, as conservators of the peace, which township Constables, under the general laws of this State, possess, and to prescribe and regulate their flirther powers and duties, and fix their compensation. Said police- Remioval of policemen. men and watchmen may be removed at any time by the Common Council, on the recommendation of the Mayor or acting Mayor. 51st. To appoint one or more inspectors, measurers, weigherS and gaug:ers weighers and gaugers of articles to be measured, inspected, weighed and gauged; to prescribe and regulate their powers and duties, fees and compensation. 52d. To direct and regulate the weight and quantity Bread. of bread, the size of the loaf, and the inspecting thereof. 53d. To direct and regulate the inspecting and nmeas- I nspection of wood,etc. uring of wood, lumber, shingles, timber, posts, stones, heading and all building materials; the inspecting, measuring and weighing of coke, and all kinds of coal; the inspecting and weighing of hay; the inspecting of vegetables, fresh, dried, smoked salted, pickled, and other 67 CHARTER OF THE CITY OF DETROIT. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. meat, or fish, poultry, butter, lard, and other food or provisions to be sold at wholesale or retail; the inspect ing, and weighing of flour, meal, pork, beef, and all other food or provisions, and salt, to be sold in half-barrels, barrels, casks, hogsheads, boxes, or other packages; and the inspecting and gauging of oils, wines, whisky, and other spirituous liquors, to be sold at wholesale or retail, or in kegs, half-barrels, barrels, casks, hogsheads, or other Proviso. vessels: Provicded, That nothing herein contained shall be construed to authorize the inspecting, measuring, weigh ing, or guaging of any article herein enumerated, which is to be shipped beyond the limits of this State, except at the request of the owner thereof, or of the agent having charge of the same. Weightsand 54th. To regulate the weights and measures to be ireasures. used in said city, and compel every merchant, retailer, trader and dealer in merchandise, groceries, provisions or property of any description which is sold by measure or weight, to use weights and measures to be sealed by the City Sealer, and to be subject to his inspection and alter ation, so as to be made conformable to the standard of weights and measures established by the general laws of the State." Paupers. 55th. To provide for the protection and care of pau pers, and to prohibit and prevent all persons from bring ing, in vessels or in any other mode, to said city, firom any other port or place, any pauper or other person likely to become a charge upon said city, and to punish therefor. Burial of 56th. To provide for the burial of strangers and poor paupers,etc. deceased persons; to regulate the burial of the dead h See Vol. I., Compiled Laws, chap. XXX., p. 403. Laws of 1863, p. 378. Laws of 1867, Vol. I., p. 221. 68 CHARTER OF THE CITY OF -DETROIT. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. and the registrations of births and deaths, and to order Births,d'ths, etc. and compel the keeping and returning of bills of mortality by physicians, sextons and others. 57th. To provide for taking a census of the inhabi- Census. tants of said city, whenever the Common Council may see fit, and to direct and regulate the same; to provide Publicmeet ings. for calling meetings of the inhabitants of said city by public notice thereof, fixing the time and place of meeting, and to regulate the ringing of bells. 58th. To erect and provide for the erection of a City Publicb'ild ings. Hall and all needful buildings and offices for the use of the corporation or of its officers, and to control and regulate the same. 59th. To establish, organize and maintain an Alms AlmsHouse Departnm'ht. House Department, to purchase the necessary grounds, and erect and provide for erecting the necessary buildings therefor, either within or without the city limits. 60th. To establish and build jails, work houses, and Jails, work houses and houses of houses of correction, for the confinement of offenders; to correction. erect and provide for erecting the necessary buildings therefor, and control and regulate the same; to appoint all necessary officers for taking charge of the same and of persons confined therein; to prescribe their powers and duties, and provide for their removal fi'om office and the filling of vacancies. 61st. To imprison and confine in said jails, work Im.prison ment. houses and houses of correction, at hard labor or otherwise, all persons liable to be imprisoned or confined'inder this act or any ordinance of the Common Council, or lawfully committed thereto by any court or magistrate, as herein provided. Any court or mrnagistrate in the City of Detroit or the Couuty of Wayne may 69 CUHARTER OF THE CITY OF DETROIY. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. commit to any work house or house of correction of said city, instead of the jail of Wayne County, any person convicted of an offense against the general laws of the State, now or hereafter punishable by imprisonment in the jail of Wayne County. Any court of competent ju risdiction of the State of Michigan may, in its discre tion, commit any male under sixteen, or female under fourteen years of age, to any work house or house of correction of said city, instead of the State prison, who shall be convicted of any crime now or hereafter pun ishable by imprisonment in the State prison, whenever in the opinion of the court the welfare of the public and of the convict will be promoted thereby. All ex penses attending the confinement of any person sentenced to be committed to any work house or house of cor rection of said city for any offense against the general laws of this State, now or hereafter punishable by iin prisonment in the State prison, shall be paid by the State Treasurer quarter - yearly, on the certificate of the City Controller that such expenses have been incurred. All expenses attending the confinement of any person sentenced to be committed to any work house or house of correction of said city for any offense against the general laws of the State, now or hereafter not punish able by imprisonment in the State prison, shall be paid quarter-yearly by the Treasurer of the County in which the offender was tried and convicted, upon the certificate of the City Controller that such expenses have been incurred. The speed of Thcars.eed of 62d. To prescribe and regulate the speed of cars and engines on railroads within the limits of said city. Licenses by 63d. To authorize the Mayor to grant, issue and reMayor. voke licenses in all cases where licenses may be granted 70 CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. and issued under this act and the ordinances of the Common Council; to direct the manner of issuing and chlpneers1VS. People 11th Mcich., 43, 49. registering the same, and to prescribe the sum of money to be paid therefor into the treasury of the corporation.i No license shall be granted for more than one year, and the person receiving the same shall, before the issuing thereof; execute a bond to the corporation in such sum as the Common Council may prescribe, with one or more sufficient sureties, conditioned for a faithful observance of the charter of the corporation and the ordinances of the Common Council, and otherwise conditioned as the Common Council may prescribe. The Mayor may inquire into the sufficiency of the sureties in such bond by an examination under oath as to their property and responsibilty, which oath may be administered by him. The depositions of the sureties shall be reduced to writing, be signed by hiim, certified by the Mayor, annexed to and filed with the bond to which it relates, in the office of the Clerk of the city. 64th. To assess, levy, and collect taxes for the Taxes. purposes of the corporation upon all property made taxable by law for State purposes, which taxes shall Chilvers vs. People. llth be liens upon the property taxed till paid; to make Mch.,3,~49. regulations for assessing, levying and collecting the same, and to sell the property taxed to pay the taxes thereon. 65th. To appropriate money, provide for the payment Appropria tion of mortof the debt and expenses of the said city, and make ey' retgulations concerning the same. i Construction of the term "license." See Chilvers vs. People, 11 Mich.. 43; Ash vs. People, 11 Mich., 347. 71 CHARTER OF THE CITY OF DETROIT. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. Punishment 66th. To punish all offenders for violations of, or of offenders. offenses against this act, or any ordinance of the Com mon Council enacted under this or any other act of the Legislature, by holding to bail for good behavior, by imposing fines, penalties, forfeitures and costs, and by imprisonment in the jail of Wayne County, any jail, work house, house of correction, or alms house of said city, or by either, in the discretion of the court or magistrate before whom conviction may be had. If only a fine, penalty or forfeiture be imposed, together with the costs, the offender may be sentenced to be impris oned until the payment thereof, for a term not exceed ing six months. All punishments for offenses against the ordinances of the Common Council shall be prescribed in the ordinance creating or specifying the offense to be punished; and no penalty or forfeiture shall exceed one thousand dollars, no fine shall exceed five hundred dol lairs, and no imprisonment shall exceed the period of two years. i Employme't 67th. To employ all persons confined for the nonof prisoners. payment of any fine, penalty, forfeiture or costs, or for any offense under this act or any ordinance of the Com mon Council, in the jail of Wayne county, or any jail, work house, house of correction, or alms house of said city, at work or labor, either, within or without the same, or upon the streets of said city, or any public work under the control of the Common Council; to allow any person thuls confined for the non-payment of any fine, i When a Charter specifically enumerates various powers which the Council may render effectual by means of penal prosecution, this enumeration is an implied exclusion of the right to impose penalties in other cases." City of Grand Rapids vs. Hughes, 15 Mich., 54. 72 CHARTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. penialty, forfeiture or costs, to pay and discharge the same by such work or labor, and to fix the value and rates of such work and labor. 68th. To provide for printilig and publishing all mat-Printing. teis required to be printed and published under this act, )or bv order of the Common Council, in such manner as said Common Council may prescribe. 69th. To provide fir maintaining the peace, order and The public peace. good government of the city of Detroit. The Coninhon Council shall have power to subdivide the city of De- Ward,s. troit into wards.k 70th. The Common Council shall have power to pur- Purchase of real estate. chase and sell real estate for the use of said corporation, for corporate purposes, and to execute mortgages on the same, for any balance which may remain unpaid on the purchase money paid for such real estate. They shall also have power to purchase and control land for cemetery purposes, either within or without the corporation limits of said city. ( ~ 104.) SEC. 23. The Common Council shall also have power: 1st. To regulate the construction of stone or brick build- To regulate constructi'n ings, the thickness of walls, and the size of brick.' (,fbuildings. 2d. To adopt such measures as may be deemed expe-To per etu ate evid'nce dient to perpetuate evidence of title of real estate, by of title. the preservation of maps, plats, records, and papers relatilig thereto.m k See Section 506. See first subdivision of next section. - See second subdivision of next section. 6f 73 CHAPTER V. CICHARTIER OF THE CITY OF DETFOIT. COMMON COUNCIL: POWERS AND DUTIES. To appoint 3d.,n To appoint, on thle nomination of Police Cornpoli c e m e n and watchwen. n missioners, Policemen and Watchmen, who sllall hold their office during the pleasuree of the Colimnon Council, unless Powers of sooner removed by said Board, as aforesaid. Thle Policepolicemnien. men so appointed, shall have power to serve any sum mons, subpcena, warrant, orlei, notice, paper, or process whatever, issued or directed )by any Justice of the Peace, Judge, Court, or officer whatever, inl the execution of the laws of the State, for the pireventionl of crines, and the punishment of criminal offeiiders, or of the police laws, and regulations of the State or city, in ally Iproceedili(g collateral to, or connected with thle executioln of such general laws, and police laws and regulations. Thely shall have power to serve any process fol any violations of the city ordinances, and generally shall halve and exercise the powers, as conservators of the peace, which Town ship Constables, under the general laws of the State possess; but such Policemeni shall have no power to serve any paper or process in any civil action, or any paper connected therewith. The Mayor, or acting Mayor, shall make no nomination of Policemen, or Watchlmen, unless thereto requested by the Police Commissioners. [As acldedC by Latcs f 1861, ]p. 188.] Powers of (~ 105.) SEC. 24.~ The Common Council shall have Comn. Council. power: Walls, etc. 1st. To regulate the construction of stotie or brick buildings, the thickness of walls and the size of bricks. This subdivision is superseded by the "act to establish a police government for the city of Detroit." Laws of 1865, p. 99. See sec. 333, et post. o By Laws of 1865, p. 678, this Section is ordered to stand as Section 23; there being no Section 24 provided for, the compiler has numbered this Section 24. 74 CHAPTER V. CIIAP,TER OF TIIE CIY'Y OF DEFTROIY. COM'ION COUNCIL: POWERS AND DUTIES. 2d. To adopt, by oordinance or otliervise, such ineaS- laps, plats, etc. iures as mnay be deemed ex1)edient to p)erpetuate the evidence of the title to real estate in said city, by the preservation of maps, plats, records and papers relating thereto, or by duly certified colpies of such maps, plats, records and papers, and which, certified and filed as such ordinances shall prescribe, shall be received in evidence in all courts. 3d. To provide and ordain by ordinance, that wllenl- Repairing sidewalks. ever any sidewalk requires to be built or repairedi, the Common Council, or any Alderman, may direct the Street Commissioner to notify the owner, agent or occupant of any lot in fi'ont of, or adjacent to which such walk is required to be built or repaired, to build or repair the same, and that if such agent, owneri or occupalnt shall ineglect, for a time to be specified in the ordinanee, to do such huilding or repairing, it shall be the duty of the Street Commissioner to at once do or cause the same to be done, and thle expenses thereof sh!all be a lien upl)on the lot, to be assessed thereii and collected iii a mianner to be prescribed in such ordinance, and fuirther to provide that the owner, agent or occupant so neglecting to build or repair, shall be liable to the city for all damages which shall be recovered against the city for any accidents or injuries occurreiing by reason of such neglect, and also to prosecution in the Riecorder's Court, and on conviction, to be finlled not to exceed fifty dollars; and that if the Street Commissioner neg,lect, when required to give such notice, 0or to have such walk built or repaired within such time as such ol(dinance shall prescribe, he also shall be liable to similar prosecution and fine. 75 CHIAPTER V. CIIARTER OF THE CITY OF DETROIT. CHAPTER V. COMMON COUNCIL: POWERS AND DUTIES. Taxilleg'llvy 4th. To provide and ordain by ordi nance, that whencollected to be refund'd. ever it shlall appear that any taxes or assessments have been illegally assessed or collected, the Common Council may, by a vote of two - thirds of all members elected, direct and cause the amount so collected to be refunded out of the contingent fiund, or in case it has not been collected, to vacate the assessment and fix upon an amount to be received in full of such tax or assessment, and no such action on the part of the Council under such ordinance shall in any wiy affect or invalidate any other tax or assessment assessed, levied or collected in said city. Tax uponin- 5th. To impose a tax upon all insurance companies sura n c e companies. who do business and have agFencies in said city, and to provide by ordinance for tile assessing and collecting of the same, in the same manner in which other city taxes are collected, and also for compelling( the aogents or offi cers of such companies, under penalty of prosecution in the Recorder's Court, and fine or imnprisonment, within a term to be herein prescribed, to deliver to the city Assessor a statement, under oath, of the gross amount received by their respective complanies for premiums for policies issued during the prececdii)g year upon property: Proviso. Provi(lc(!,, The said tax shall in no case exceed one per cent. upon the amount of such premiums, and that no such tax shall be levied upon premiums for insurance upon property owned and situated without the limits of said city, at the date when such policy issued, or such premium was paid or contracted to be paid; all taxes collected under these provisions shall be credited to the fire department fund, and paid into the same. [ As (ta(ded by Laws of 1865, p. 6s78.] 76 CHAPTER OF THE CITY OF DETROIT. COMMON COUNCIL: POWERS AND DUTIES. CHAPTER V. (~ 106.) SEC. 25. The said Common Council shall Re-assesm't Wof propelrty tosuppvy dealso have power to provide by ordinance that whenever hciency. any lots or premises were or hereafter shall be legally liable to be assessed for the costs and expenses of any paving, or other public work or improvement, that if it should appear that the amount originally assessed upon such lots or premises, was not sufficient to pay in fuill the costs and expenses of such improvenment, that a new or re - assessment for the amount of deficiency may be made upon such lots or premises; and also to provide, Illegality of assessmient. that if any illegality or deficit against any such special assessment for the costs and expenses of the making of any such improvement shall be sanctioned by any court of competent jurisdiction, that the Common Council may order, and there shall be made and collected in the manner provided by law, a new or re-assessment upon such lots or premises for the amount of such costs and expenses; the Common Council may, by ordinance, limit Time for re assessment. the time within which such new or re - assessment shall be made, and prescribe all necessary rules and regulations in reference to the making and collecting of the same. [As actl(led by wL(Ts of 1867, Vol. II, p. 1111.] 77 CIHARTER OF THE CITY OF DETROIT. RECORI)ER'S COURT. ClIAPTER VI. RECORDER'S COURT. SECTION 107. Court established; Court of Record. 10S. Recorder to be Judge thereof. 1)9. Powers and duties of Clerk thereof. 110. Sheriff to attend. 111. Jurisdiction. 112. Prosecutions; how commenced. 113. Form of information; contents; joinder of offenses; Rights of defendants. 114. Information in certain cases. 115. Degrees of offenses. 116. General laws of State to apply. 117. Jurisdiction to enforce recognizan ces. 118. Form of recognizances. 119. Indictments from Wayne Circ't C't; proceedings upon. 120. Duty of Prosecuting Attorney. 121. Habeas corpus; power of Recorder. 122. Power of Judge at Chambers. 123. Rules of court; how made. 124. Seal of court. 125. Writs; to whom directed and how served. 126. Prosecutions; how commenced. 127. Proceedings in case of vacancy in office of Attorney. 128. Terms of Court. 129. Exclusive cognizance of offences against Ordifnances. 130. Writ of Error to Supreme Court. SECTION 131. Attorney to collect fines. 132. Records open to inspection. 133. City liable for board of prison ers in certain cases. 134. Salary of Recorder. 135. Prisoners may be imprisoned in the Wayne county jail. 136. General laws to apply. 137. Punishments; how prescribed. 138. Challenges. 1 3 9. Trial by jury. 140. Assessor to furnish list of persons for jurors; penalty for neglect to furnish. 141. Clerk's duties on receiving list. 142. To destroy old ballots. 143. Drawing jury. 144. Judgle and Sheriff to attend drawing. 14.5. Proceedings thereupon. 146. Veniire facias; who to serve. 147. How served and returned. 148. Finie against jurors. 149. Proceedings, when excused. 1550. Ballots to be put in box, etc. 151. How panel filled. 152. Dutie~ of Sheriff. 153. Talesmen. 154. General laws applicable. 155. Clerk to report to Council. 156. When provisions of this chapter to go into effect. Recorder's (~ 107. ) SECTION 1. There shall be a LMtlnicipal Court Court,Court in and the ity of Detroit to e clle The ReofrRcord. in and for the city of' Detroit, to be called "The Re corder's CourIt," Whichl shall be a couirt of recorid. Recorder to ( ~ 10S8. ) SEL. 2. Tile IRecolder of said city shall be bcei'dge, etc. g the J(ludg(re of said coiurt, but in case of his absence fi'om the city, inability to attend, or a vacancy in his office, one of the Judges of the Circuit Court, to be previously 78 CHAPTIE:R VI. CHARTER OF THE CITY OF lDETROIT. RECORDER'S COURT. designated by thle IRecorder, or the Common Council, shall be thle Judgle of said court, aud, as su(ch Jtudge, have and exercise all the powers and duties of said Recorder, until he shall resume his oflice, or such vacancy be filled. (~ 109.) SEC.:3. There shall be a Clerk of said court, Clerkof C't, his duty and as before provided in this act, whose duty it shall be powers. to keep a true record of the proceedings of said court, in proper books to be provided therefor, and file and safely keep all books and papers belonging or pertaining to said court. He shall sign and seal all writs and process issuing f'ront said court, and shall have power generally, to administer oaths and take affidavits. ( ~ 110. ) SEC. 4. The Sheriff of Wayne county, and Sheriff ard deputy to athis del)puties, shall attend the sittingrs of said court, and der~ds Creout. it shall be their duty, and they shall have power to execute, under the direction of the Sheriff, all lawftil prece)ts and commands of said court, and serve and execute all lawtful writs and process issuing therefrom. ( ~ 111.) SEC. 5. The said tRecorder's Court shall have Jurisdiction of Recordoliginal and exclusive jurisdiction of all prosecutions and er'Court. proceeding(s in behalf of the people of this State, for crimes, misdemea nors, and offenses arising under the laws of this State, and committed witlhin the corporate limits of the city of Detroit, except in cases cognizable by the Police Court of the city of )Detroit,a or by the Justices of the Peace of the said city; and shall hlave power to issue all lawftfl \writs and process, and to do all lawfil acts whiich may be necessary and proper, to carry into comuplete effect the powers aud jliiisdiction given by this act, and especially to issue all writs and pirocess, See Section 382. 79 CHAPTER VI. CHARTER OF THE CITY OF DETROIT. RECORDIER' S COURIT. and to do all acts which the Circuit Courts of this State' within their respective jurisdictions, may, in like cases, Proviso. issue and do, by the laws of this State:b Provi(d,e,, That this section shall not be construed to prevent the grand jury for the county of Wayne from inquiring into and presenting indictments, as heretofore, for crimes and offen2d Proviso. ses committed within the limits of said city: Provided, further, That this act shall not in any way affect the jurisdiction of the Circuit Court for the county of Wayne, over any case now pending in said court, nor the vali dity of any recognizance, as heretofbre made to said court.c hrowctn 11.)SEc. Prosecutions in the Recorder's Court how commenced.. ** menced. for crimes, misdemeanors, and offenses, arising under the laws of this State, and within the jurisdiction of said court, niay be either by information, complaint, or in dictment. form of in- (~ 13. ) SEC. 7. Such informations and complaints fo'rm ation and coimplaints. shall be in the name of the People of the State of Michigan, shall be signed by the Prosecuting Attorney, shall be certified by the oath of the prosecuting, or of some complaining witness, and shall have thereon iI)dorsed the names of witnesses, as is required in cases of indict ments, and shall have, in the statement of tile offense or offenses char-ed, the same preciseness and fullness in matters of substance, as is required in indictments in like conte:ts. cases, in the courts of this State, and the same may be amcnded in like manner as is provided in cases of injoinder of dictmeiit. T)ifferent offenses, or different decrees of the offenc(es.'x ) lay issue capiases for witnesses. Section 392. U Inder the Registry Act, jurisdiction of offenses against it is specially con ferredl. See Section 492. Also,'inder the prohibitory Liquor Law, jurisdiction is conferred upon municipal coutrts. Comp. Laws,. sec. 1661. 80 CHAPTER VI. CHARTER OF THE CITY OF I)ETROIT. RECORDER'S COURT. same offense, may be joined in one information, or complaint, in all cases where the same might be joined by difterent counts in one indictment; and in all cases, a PRightsoflde felld ants. defendant, or defendants, shall have the same rights in all subsequent pleadings and proceedings, as he or they would have, if prosecuted for the same offense by indictment. ( 114.) SEC. 8. No information or complaint shall Ionroampltion or comipl'itts in certain be filed against any person, for either the crimes ofcases. treason, murder, arson, rape, or peljuriy, unless the same shall first be laid before the judge of said court, and lihe shall thereon indorse a direction that the same be filed. (l 115.) SEC. 9. Where an offense consists of dif- Degrees of offenes. ferent degrees, the defendant, or defendants may be found guilty of any degree of the offense, inferior to the one charged in the information or complaint, or of any attempt to commit the same.d (116.) SEC. 10. All provisions of law, relative to Gener'llaws, of State to the joinder of persons or offenders, in one indictmnent, apply. and relative to subsequent pleadings and proceedings in cases of indictment, in either the court of original or appellate jurisdictipn, or in the execution of any sentence,e shall be applicable, so far as may be, to prosecutions by information or complaint, under this act, for offenses against the laws of this State. (~ 117. ) SE(. 11. Said Recorder's Court shall have Jurisdietion of reeogniztull jurisdiction and authority to control and enforce all ne recognizances, lawfully taken by said court, or by the d Set Compiled Laws, Section 5953. See Section 393, post. 81 CHAPTER VI. CHARETER OF THIE CITY OF DETROIT. CHAPTER VI. RECORD)ER'S COURT. Judg(e thereof, or by any other court, judge, or magis trate, in the course of any prosecution or proceeding pending in said court, or lawfully taken by -any Court, jadge, or magristrate, to compel any person or persons to api)ear before said Recorder's Court, and there to answer and do according to the terms th-ereof, and whenever default shall be made in any such recoygniz anices, sulch default shall be duly entered of record inl said Recorder's Court, and thereafter said court shall, upl)on the motion of the Prosecuting Attorney, sunmmariily enter judgment against all the parties liable on said Proviso. recogllizallc(,, for the full amount thereof: P rovi(ec, however, That any person against whom such judgment may have been entered, shall have the right to apply to the court within twenty tdays after the rendition of such judgment, for the vacation of tihe same, for good cause shown, and said court may thereupon, in its dis cretion, vacate such judgment oil suc,h terms as it may deem just. Execution shall be awarded and executed upon said judgment in like manner as is provided in personal actions. Form of re- (~ 118 ) SEC. 12 All siuch recognizances as are mencogniz ailce.' *, tioned in the prieceding section, may be in the usual form, or may contain a fuithler clause, aulthoizillno said Recod leri's Court, upon default in said recognlizances, summarily to enter judgment upon the same, ag,ainst the several parties liable thereon, fob the fuill amount of suchl recog(lnizance. Indictments (~ 119.) SEC. 1 3. All indictments tfor offenses compresenlted to CirciitCor't for Wavie meitted within the limits of the city of' Detroit, wlich Countytfobe certifiedl to1 Coorte'tou r nt be fo und and presented to the Circuit Court for Court. the County of Wayne, by the' grad jur y of said couIty, 82 .CHARTER OF TIIE CITY OF I)ETROIT. RECORDER'S COiURT. shall be forthwith certified and transmitted by the Clerk of said Circuit Court, to said Recorder's Court, and thereupon said Recorder's Court shall have a fiull alnd complete jurisdiction of said indictments, as if tlle same had beei originally presented to said Recorder's Court, and shall have full power to take all fuirther proceedin-,s thereon. ( 120. ) SEC. 14. The Prosectitiig Attorney for the Prosecuting Attorney county of WVayne shall appear and act for tlle people fIor Wayne County to act for the of the State of Mlichi(gani, in said Recorder's Court, in Pecople in , R ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~ecor-d e r I s Court. all cases arising under the laws of this State, and he shall render to said court, in writing, and on oath, at the last term thereof in each year, an annual account of all moneys collected or received by him as the prose-To render account. cutini, officer of said court. (~ 121.) SEC. 15. The Judge of said l.ecorder's Court P0ecorder's powers in sl.hall possess the same poawer to grant writs of c.htbea8 betae,ofrp4t8. corps)is, returnable before himself, and to adjudicate the]eon, and do all aCtS in vacation touching, any suit or proceeding in said court, as is now, or may be possessed by tlhe Circuit Coirts of the State, in matters before said Circuit Courts. (~ 122.) SEC. 16. The Judge of the Recorder's Court Powers of Judge at shall have all such powers and authority at chamubeis, Chamibers. touchinr any suits or proceeding in said Recori(er's Court, as the Judges of the Circuit Courts now have, or may have, in like suits or proceedings before said Circuit Courts.f ( ~ 123. ) SEC.' 17. The said Recorder's Court shall Rules of Conrt, how have power to make rules foi regulatingr the practice,made. f See Section 568, as to certain powers of the Recorder. 83 (CHAPTER VI. CHARTER OF THE CITY OF DETROIT. RECORDER'S COURT. and conducting the business thereof, and to alter, amend, or repeal the same, in its discretion. Seal. (~ 124.) SEC. 18. Said Recorder's Court shall devise its own seal, at the expense of said city, and a descrip tion thereof, attested by the Clerk of said court, shall be deposited in the office of the Controller. Writs, to ( 125. ) SEC. 19. All writs and process, issuing from whom directed and by whom and said Recorder's Court, on complaints under the city orwhen serv'd form of, etc. dinances, shall be directed to the Marshal, or any Con stable of said city, and may be served and executed by the officers to whomin the same are directed, at any place within the limits of this State;g and all writs and pro cess for offenses under the general laws of tle State, Constitut'n, shall be directed to the Sheriff, shall run "In the name Art. VI, Sec. of the People of the State of Michigan," be sealed with the seal of the court, signed by the Clerk of said court, dated on the day on which the same may issue, and tested in the name of the Rlecorder of said city. Prosecut'ns, (~ 126.) SEC. 20. All prosecutions for offenses in said how commenced. Recorder's Court, arising under this act, or under any ordinance or regulation of the Common Council, shall be in the name of the People of the State of Michigan, and be comnienced by filing with the Clerk of said court a complaint, in writing, in the form of an affidavit, duly sworn to before said Clerk, and subscribed by the per son making the complaint, and having indorsed thereon the proper jurat of said Clerk; and it shall be deemed sufficient to set forth, in said complaint, the offense comTrial. plained of according to its substance. The trial shall be had and determined upon said complaint, and upon X See Section 350. 84 CHAPTER VI. CHARTER OF THE CITY OF DETROIT. RECORDER'S COURT. CHAPTER VI. pleadings, which may be amended, in the same manner as indictments and pleadings under the general laws of the State. (~ 127.) SEc. 21. In case of a vacancy in the office Proceedi'gs in case ofvaof Attorney, his absence or inability to attend, said Re- ncAyJftt or ney. corder's Court may designat( a suitable person to discharge the duties of said Attorney, until such vacancy be filled, according to the provisions of this act, or lie shall resume his office; and' the person thus designated shall receive for his services a reasonable compensation, to be paid by the county of Wayne, and fixed and determined by the Board of Auditors of said county. (~ 128.) SEC. 22. There shall be a term of said TermsofPe Court. c o r d e r I s RPecorder's Court once in each month, which shall conmmence'on the first Monday thereof, and may be continued or adjourned firom time to time, as long as said court may dceeiii necessary for the transaction of its business; and if, firom any cause, the Judge of said court shall Adnournm It an continube unable to hold the same on the first day of a term ance or on any other day to which said court is adjourned, the Clerk thereof shall have power to open said court and adjourn it from time to time, until the Judge shall be able to attend; and in such case all prosecutions, proceedings and matters pend(ling in said court, shall stand continued, until said Judge can hold said court. [As a)ezc~led by Lanes of' 1865, p. 681.] ( 129.) SEC. 23. Said Recorder's Court shall also Exlusive cofgnizan c e have exclusive cognizance of all offenses againist any or- 0of dinances of the Coninion Council of the City of Detroit. ( 130.) SEC. 24. All the i)roceedings of said Re- Writ of er ror to Su preme Cor't. corder's Court, at any time before or after final jtudg inent or sentence, may be removed to the Supreme Court 85 HCA_ARTER OF THE CITY OF )DETROI'T. RECORDER'S COURT. by writ of error or other process, ill thle same manner that like proceedinigs may, by law, be removed to the Supreme Court firom thie Circuit Courts of the State, and the.Supremie Court shall proceed to adjudicate thereon in the same mainner as oil proceedings removed firom said Circuit Courts. City Attor- (~ 131.) SEC. 25. It shall be thie duty of the City ney to collect fines and penal- Attorney to collect all filnes and penalties imposed for ties. offenses under this act or any ordinance oi' rergullation of the Comimon Council of said city, which shall l)e re ported in wriitingl by the Clerk of' said court, at the close of each term thereof, to said Common Council, and immlediately after thieir collection or receipt by the City Attorney, shall be paid by him to the Tieasuiier of said city. R e cords (~ 132.) SEC. 26. The Coimmon Council of said city opeI for inspcItion. and tlhe Board of Auditors of Wayne County, or any committee thereof appointed for the purpose, may at all reasonable times inspect the records and papers of said RPecorder's Cotirt, and the Clerk theieof shlall give tileImn, when requested, any information within his power or knowledge concerningr such records anld papers, and con cerlningo all fines and')enalties imposed by said court. City liable (~ 133.) SEC. 27. The City of I)etiroit shall be liable for expense of' Board of Prison esin for all reasonable costs and expenses, and boaird of priscert'in cases * oners incurred in prosecutions for offenses and proceed ings in said Recorderi's Court, arisilg nlder tlhis act, or any ordinance or regulation of the Common Council of o(UIIlty lia — said city; and the County of Wayne shall be liable for ble for excpenses in otlier casesn. all reasonab)le costs and exl)enises, and boaid of pr isoners incurred in prosecutions for offenses and proceedings in said coiiurt, anising under the general laws of the State; 86 CHAPTER VI. CHARTER OF THE CITY OF DETROIT. RECORI)ER'S COURT. but if there be a conviction and sentence of confinement in any work house, or house of correction of said city, for any offense inov or hereafter plunishable by iimprisonment in the State Prison, the expenses attending the confinement of the prisoner after sentence shall be paid by the State Treasurer quarter - yearly, on the certificate of the City Controller that such expenses have been incurred. (~ 134.) SEC. 28. The salary to be paid to the Re- Sal.aryofe Col'der, ]1ow corder shall be [the] same as is allowed, or may be paid. firom timne to time allowed to the circuit judg(ces of the State, and shall be paid by the State in the same manner as the circuit judges are paid; and the Commnon Council of the City of Detroit are authorized, directed and reqluired to pay the said Recorder in the same imanner as other officerS of said city are paid, the siIumi of five hundlred dollars as salary for his sevices. The Clerk Salary of Clerk. of the Recorder's Court shall be paid by the City of D)etroit such salary as the Common Council may prescribe. [ As -amqenesd by LCws of 1867, Vol. II, p(tfef 1112.] (~ 135.) SEC. 29. Any person liable to be impiisoned Prisoners ~imay be iraor confined under this act or any. ordinance or reg)ula- prisonetd in county jail. tioii of the Common Council of said city, may be so imprisoned or confined in the jail of Waylne County, and it shall be the duty of the keeper of said jail to receive and safebly keep) therein all persons thus subject to im[risonmlent or confinlemnent, until legally d(lischairged the rfrom. ( ~ 1 36.) SEC(. 30. Aiivy law of tlhis State fori the safe Gere'l laws to apply. keeping of prisoners in a county jail, or for prlventing or pullishini,, t'eiir escal)pe or the aidiiig of them to 817 CHAPTER VI. CHARTER OF THE CITY OF DETROIT. CHAPTER VI. RECORDER'S COURT. escape, or any other act detrimental to their safe keeping in a county jail, shall apply to alny jail, work house, or house of correction, established and provided under this act by the City of D)etroit for the imprisonment or con finement of offenders, in the same manner and to the same effect as to a county jail. Certain pun- (~ 137.) SEC. 31. Punishments not herein prescribed ismeots to be prescribed by Corn- for offenses against this act, and for offenses against the mon Coun- zn cil. ordinances and regulations of the Common Council, shall be prescribed by said Common Council. Challenges (~ 138.) SEC. 32. In all jury trials in said Recorder's ofjurors. Court, the person or persons on trial shall have the same right of challengeh and other rights and benefits extended by law to persons on trial, by a jury in crim inal cases before the Circuit Courts of the State, subject to the provisions of this act. Trial by ju- (~ 139.) SEC. 33. In all trials upon indictments, the ry. person or persons on trial shall be tried by a jury, un less the right to a trial by jury be, with consent of Smithl v.The the court, waived.i In all trials for offenses against this People, Sop. Court, April Term, 1861. act or any ordinance or regulation of the Common Coun cil of said city, the person or persons on trial shall be tried by the court unless he or they shall request to be tried by a jury. Juries shall be obtained, summoned, drawn and sworn as hereinafter provided. Selection of (l 140.) SEC. 34. The Assessor of said city, at the persons to serve as juors. ttime herein appointed to review the assessmeint rolls in each year, shall select fi'om themi, when completed, a list of three hundred persons to serve as jurors in all cases h Challenge allowed against a person who has served on any other panel of jurors within the year in the Recorder's Court, Section 394. i See C(onstitution, Article VI, Section 27. 88 i II CH4ARTER OF THE CITY OF DETROIT. RECORDER'S COURT. where juries may be required under tilis act or ally ordinance or regulation of the Common Council; and the persons thus selected shall be qualified electors of the City of Detroit, shall be of fair character and sound judgment and understanding, and, so f,ar as practicable, such as were not actually drawnIv:, or did not serve as jurors during the preceding yeai.J Said list shall be signed by said Assessor, returned to thie Clerk of said Recorder's Court and filed in his office. If said Assessor Penalty on Assessor for shall refilse or neglect to return the list of jlll'Or'S, aS neglect to return a list above provided, the Judge of the Recorder's Court shallofjurors. have power to compel him to make such return. For every day that said Assessor shall neglect or refuse to make such returns, after the time prescl-ibed in this sectiori, he shall forfeit the sum of one hundred dollars. ( 141. ) SEC(. 35. The Clerk of said court, oiln re- Clerk's du ties on receiving, said list, shall file it in his office, shall write ceiving list. the names of the persons thus selected on separate strips of paper of the same size and appearance, as nearly as may be, shall fold up each of said strips of paper in the same manner, so as to conceal the name thereonl, and deposit and preserve the same in a box, to be called and labelled "jury box," and the persons whose names are thus returned and deposited in said jury box, shall be liable to serve as jurors for one year, and until another list shall be selected, returned and filed with said Clerk, and the names thereon deposited in said jury box in the manner aforesaid. (~ 142.) SEC. 36. Before depositing in said jury box O(ld ballots to be de - the names contained in any new list, the ballots deposited stroyed. J See Sctioii 3.94. 7 89 CHAPTER VI. CIIAR7TER OF THE CITY OF DETROIT. RECORDER'S COURT. therein for the preceding year shall be taken out New ballots and destroyed, and it shall be the duty of the Judge to be put in jurybox. of said court to attend and be present with the Clerk, when the ballots, containing the names of persons to serve as jurors, are deposited in said jury box or taken out to be destroyed. Drawing (~ 143.) SEC. 37. At least ten days before any term petit jurors. of said Recorder's Court, at which jury trials may be had as above provided, the Clerk of said court shall draw from the jury box the names of as many persons as the Judge of said court may deei i necessary, not less than fourteen, nor more than twenty - four, to serve as petit jurors in said court; and at least two days be fore such drawing, the said Clerk shall give notice to the Judge of said court and to the Sheriff, of the day and hour when such drawing shall take place. Judge and ( 144. ) SEC. 38. At the time so appointed, it shall Sheriff of Wayne Co. to attend be the duty of said Judge, and of the Sheriff of Wayne drawing. County, or some Deputy Sheriff, to attend at the Clerk's office and witness said drawing of jurors, and if neither said Judge, Sheriff, or Deputy Sheriff be present at the appointed time, the Clerk may adjourn such drawing to some certain hour on the next day, of which adjourn ment he shall forthwith give notice to said Judge and Sheriff. Proceedin's (~ 145.) SEC. 39. If at the time first appointel for on drawing jurors. such drawing, or at the adjourned time therefor, either said Judge, Sheriff, or Deputy Sheriff shall be present, the Clerk shall proceed in such drawing as follows: he shall shake the jury box, so as fairly to flix the slips of paper deposited therein; shall then draw firom said box publicly and in the presence of the officer or officers 90 CHAPTER VI. CHARTER OF THE CITY OF DETROIT. RECORDER'S COURT. attending, as many stri)ps of paper, containing the naineis of jurors written thlereon, as mnay have been ordered by said Jtudge, and one of the attending officers shall keep a minute of such drawing, in which he shall enter the name on every strip of paper drawn, before anv other such strip be drawn. If; after drawing the whole nuimber required, the name of any person shall appear to have been drawn who is insane or dead, or has removed firom the City of Detroit, to the knowledge of said Clerk ori any attending officer, an entry of such fact shall be made on the minute of the drawing, the strip of paper containing his name shall be destroyed and another name shall then be drawn in the place of that destroyed, and entered on the minute of the drawing, and like proceedings shall be had as often as necessary, until the whole numberi of jurors required shall be drawn. (~ 146. ) SEc. 40. The said minute of the drawing Minute of drawing Jn shall then be signed by the Clerk of said court and the frtled.o De attending officers, and filed by the Clerk in his office, and hlie shall immediately make out a venire facias and V8enire fa cias. deliver the same to the Sheriff of Wayne County, which shall command him or any of his deputies to summon Whotoserv. tie persons therein named to be and appear in said court, at the terms thereof for which they were drawn, to serve as petit jurors, and not depart the same until discharged, under such penalty as the court may impose. (~ 147.) SEC. 41. Said ve)nire facias shall be served viire, fa - Ciast, h o w at least three days before the term of the court therein served and returned. specified, by giving personal notice to each person therein named, or by leaving a written notice at his place of residence, with some person of proper age, and i-retrn thereof shall be made to said court at its ot)peiling, 91 CHAPTER VI. CHUtRTER OF THE CITY OF DETROII. RECORDER S COURT. specifying those who were summoned, and the manner in which each person was notified. Fines for (I 148.) SEC. 42. Said court shall impose a fine on neglect of jurodrsto at-each person duly summoned to attend as a juror, who tend. shall, without reasonable cause, neglect to attend, not exceeding five dollars for each day's nion - attendance and neglect; but all persons who, under the general laws of Exemption. the State, are exempted or may be excused from serv ing as jurors in the Circuit Courts, shall he exempted' and may be excused from serving as jurors in said Re corder's Court. Proce'dings (~ ] 49.) SEC. 43. The Clerk of said court shall dewhen jurors excused stroy the ballots of all persons excused fi'om serving as jurors, on the ground of being exempted by law from such service; and the ballots of persons who did not appear and serve, which shall not have been destroyed, shall be returned to the jury box. Ballots of (~ 150.) SEC. 44. The ballots of persons who shall persons atjturndrsng a attend and serve as jurors, shall be inclosed by the deposited in box. Clerk in an envelope, under seal, or deposited by him in a separate box and preserved; and if, at any subsequent drawing of a jury, a sufficient number of ballots shall not remain in the. jury' box to furnish the number of jurors required, after having drawn all the ballots there in, the ballots preserved by the Clerk as aforesaid shall be returned by himn to the jury box and drawn in like manner as required above, until the required number of jurors is obtained. Drawing ju- (~ 151.) SEC. 45. Whenever, for any cause, petit jurors forthwith in cer- rors shall nlot have been drawn or summoned to attend tain cases. I See Sections 262, 365, 394, 395, 438. See also, Compiled Laws, Sections 666, 162., 4367, 4368. 92 CHAPTER VI. CHARTER OF THE CITY OF DETROIT. RECORDER' S COURT. any term of said Recorder's Court, or a sufficient number of qualified jurors shall fail to appear, such court may, in its discretion, order a sufficient number of petit jurors to be forthwith drawn and summoned to attend such court; or said court may, by an order to be entered in its minutes, direct the Sheriff forthwith to summon so many good and qualified men of said city to serve as jurors, as the case may require. (~ 152. ) SEC. 46. The Sheriff, on receiving a list of DlntieSf of summ onin g jurors di-awn pursuant to the preceding section, or a jurors and making recopy of the order therein mentioned, shall proceed, asturn. soon.s possible, to summon such jurors forthwith to attend such court, and make return to said court of his doiings, in the same manner as in the case of a venire . f cfct1s. (~ 153.) SEC. 47. When there shall not be jurors Talesmen. enough present to form a panel to any case, said court may direct the Sheriff to summon a sufficient number of persons having the qualifications of jurors, to complete the panel, firom among the by - standers or the neighboring citizens; and the Sheriff shall immediately summon the number so ordered and return their names to said court. (~ 154.) SEC. 48. In all further proceedings touch- Gene'] Ilaws ap'licable to fur~ther proing jury trials, their incidents and all matters connected ceedings. therewith, said Recorder's Court shall be governed in the samne manner as the Circuit Courts of the State, by the general laws thereof, which, so far as the same may apply, are hereby made applicable to said Recorder's Court, its officers and all proceedings therein, subject to the provisions of this act. 93 CHAPTER VI. UCHARTER OF THE CIT'Y OF DETROIT. RECORDER S COURT. Clerk to re- (~ 155.) SE(. 49. The Clerk of said court, on the port to Com mon Courn cil. first day of January in each year, or as soon thereafter as practicable, shall make to the Common Council a re port, in writing, duly certified by him, showing the Repo't,what whole number of prosecutions by indictment, which numto contain. ber shall be also classified by the name or description of the offense; the whole number of prosecutions for of fenses agoainst this act or the ordinances and regulations of the Common Council, which shall be also classified ill like mainner, so far as practicable; the whole number of prosecutions, convictions, acquittals, cases dismissed and discontinued, and cases pendingi; the whole number of sentences passed; the whole number punished by fines and penalties; the whole number punished by imprison ment and confinement, which shall also be classified ac cording to the prison, jail or other place of imprison Inent or confinement; and the whole number held to bail for good behavior, and to keep the peace; and said report shall be published in the daily newspaper pub lished by the printer for the city. Provisi on s ( 156.) SEC. 50. The provisions of this chapter sihall ofthis chapter to go into teffect on the not go into effect until the second Tuesday in January second Tu's- day in Janudary, ln8a.n 1858; and the provisions of the present Charter of said city, relative to the Mayor's Court, shall continue in full force and effect until the Recorder's Court is organized, under this act, 94 CHAPTER VI. CHARTER OF THE CITY OF DETROIT. OPiNING, ALTERING AND CLOSING STREETS. CHAPTER VII. OPENING, ALTERING AND CLOSING STREETS. SECTION 157. Powers of Council as to streets. 158. Proceeding to open, etc.; how com menced. 159. Notice; how given. 160. Duty of City Clerk. 161. Jurors; duty of Marshal. 162. Summoning jurors. 163. Drawing jury. 164. When jurors exempt, set aside, or excused; how panel filled. 165. First twelve approved to constitute jury. 166. Jury to view property. 167. Duties of jury. 168. Assessment of damages on lots bene fited;'"alley" defined. 169. Report of jury. 170. What to contain. 171. What further to contain. 172. Confirmation of report. 173. Objections to matters of form not to vitiate. 174. If no objection, report to be con firmed; proceedings if objections are filed. 175. New jury; when to be called. 176. Vacancy in jury; how supplied. SECTION 177. Appeal; how made. 178. Return to appeal. 179. Duties of Supreme Court. 180. Remanding proceedings in certain cases. 181. Common Council may elect to pay damages in certain cases. 182. Confirmation of report to be final. 183. Certified copy of proceedings to be filed and r ecorded. 184. Awards to be paid by City Treasurer. 185. Damages to be tendered within sixty days. 186. Upon payment to become highway. 187. Leases upon land taken. 188. Compensation of jury. 189. Commissioners on plan of city. 190. City Clerk clerk thereof. 191. Plans not properly recorded of no validity until approved. 192. Vacancies; how filled. 193. Compensation of Commissioners. 194. Juries to assess and deduct benefits from damages in opening streets. 195. Assessment of damages to estates of deceased persons. ( ~ 157.) SECTION 1. The Common Council of the Powers or Com. Coun City of Detroit shall have full power to lay out, estab- eilnastots lish, open, extend, widen, straighten, alter, close, vacate, Hinchma vs. City of or abolish any highways, streets, avenues, lanes, alleys, MDetroit, 9th Mich.' public grounds, or spaces in said city, whenever they shall deem it a necessary public improvemenit,a and pri a Where public property is taken, the resolution of the Council need not specify the uLse to which the property is to be put, nor need a jury pass upon the necessity of using the same. Hlinchman vs. Detroit, } Rich., 103 95 CHAPTER VII. CIIARTER OF THE CITY OF.DETRO1]T. OPENING, ALTERING AND CLOSING STREETS. vate property may be taken therefor; but the necessity Willialmslvs. for using such property, the just compensation to be ;Mayo~,r, ettc..', of ietroit.12 Mich., 50. made for the sanme, and the danmages arising to any per sonL fi'om the making of said improvement, shall be ascer tained by a juriy of twelve freeholders, residing in said city., Reslating ( 158.) SEC. 2. Whenever the Common Council shall de clIa r ing improvem't nepcessary; deem any such improvement necessary, they shall so de what to con tain. dclare bv resolution, which shall be drawn by the City Attorney, and in saidC resolution shall describe the con temnplated improvenient; and if they intend to take pri vate property therefor, they shall declare such intention, and describe suchI property, in said resolution, with par ticlilarity sufficient for an ordinary conveyance thereof; and fiurther declare that they will, on some day to be named in said resolution, apply to the Recorder's Court of said city for the drawing of a jury, to ascertain the necessity for using the property intended to be taken, if it be intended to take any foir such improvement, to ascertain the just damna(es and compensation which any person may be entitled to, if such intended improvement be made, and to apportion and assess such damages and compensation to and upon.all lots, premises and subdi visions thereof, which will be benefited by such improve ment; e nd the time to be named for applying to said court, shall be on a day subsequent to the required pub lication of said resolution. onticeofin (f 1.59.) SEC. 3. The Common Council shall give notended imiprovement;: ow given. tice of the intended improvement, and of their intended See Constitution, Article XV., Sections 15, 9; Article XVIII.. Sections 2, 14. Also, Williams vs. Mayor, etc., of Detroit, 2 Mich., 560. See latter part of Section 167. See also Campan vs. City of Detroit, 11 Mich., 27~ and'283. relative to payment of damages in cases of street openings. 96 CHAPTER VII. CHARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. application to said court, by causing a copy of said resolution, certified by the Clerk of the city, to be pub lished for four successive weeks in the official daily news paper of the city, and one other daily newspaper, published in said city, and the Marishal shall also give notice of said resolution, by delivering a notice thereof, with a copy of the same annexed, to the owner, or owners, or ITpon wvhem served. agent of any private property intended to be taken, if they can be found in said city, which notice shall be directed to them, or, if they cannot be found, by leaving the same at their place of residence in said city, with some person of proper ag(e. If they or their pla(ce of residence cannot be found, and such property be occupied, said notice and copy of said resolution- shall be served by delivering the same to the occupant or occupants, or by leaving the same at their place of residence, -sithin said city, with some person of proper age; but if the owner, or owners, or agent of such property, or theiir place of residence, cannot be found, and it be not occupied, but they, their place of residence, and that of Return of services. the occupant or occupants cannot be found, or if the owner or owners, occupant or occlupants, be iunknown, or non-residents of said city, then, in either of such cases, notice of said resolution may be given by posting the same, with the copy of said resolution, in some conspicuous place upon the property intended to be taken. The Marshal shall give notice of said resolution,d as above campau vs. City of Dedirected, and. make return of his doings, and of the troit, 14th andnne make of his doaidinnotMich., 2a6, 283. manner of giving said notice as soon as practicable after d As to time of service of notice of the resolution, see Campan vs. City of Detroit. 14 Mich., 276. 97 CHAPTER VII. CHARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. When and the passa-e thereof, which return shall be made to said where made Recorder's Court, at least six days before the day ap pointed in said resolution for the hearing of said appli cation, and all persons interested therein, after notice given in the maniner aforesaid, shall take notic(e of, a'dl be bound by all subsequent proceedings, without any firther notices, except as herein otherwise provided. Certified copy of resolution to be served on City Attorney. of the Common Council, whose duty it shall be to ap pear in said court, and make the application therein re terred to, and conduct all flirther proceedings thereon in behalf of the Common Council. J(l 161.) SEC. 5.e Upon the day designated in said resolution, or some other day, to be appointed by the By the Laws of 1865, pp. 680, 681, Sections 5, 6, 9, of this chapter were amended so as to read as follows: "SEC. 5. UITpon the day designated in said resolution, or some other day to be appointed by the Court, and on filing a copy of said resolution and affidavit, showing the required publication thereof, the Marshal shall attend said Court, and write down the names of twelve disinterested freeholders, residing in said city, and who shall be approved by the Court as such disinterested freeholders and residents, and as qualified to act as such." "SEc. 6. Said Court shall then issue a writ of summons, commanding the Marshal to summon said twelve persons to be and appear in said court, to serve as jurors, on some day to be therein named, which shall not be less than seven days after the issuing thereof. The Marshall shall serve such summons at least three days before the return day thereof, and make return in the same manner as in the case of a summons for petit jurors of said court, and the persons thus summoned shall be bound to attend said court and serve until discharged; and said court shall impose upon them a fine not exceeding five dollars for each day's non - attendance in court, or neglect to serve, but they may be exempted and excused by the court from serving for the same reasons for which petit jurors may be exempted or excused." "SEc. 9. The first six persons who shall appear as their names are drawn and called by the Clerk, or who are called by him when all the ballots have been drawn from the box, and shall be approved by the court as qualified, shall be the jury, and be sworn to discharge their duties faithfully and according to the best of their abilities. -Said court shall then instruct said jury as to their duties. and the law applicable to the case, and deliver to them a copy 98 CHAPTER VII. Jurors. CHARTER OF THE CITY OF DETROIT. OPENING. ALTERING AND CLOSING STREETS. court, and on filing a copy of said resolution, and an affidavit showing the required publication thereof, the Marshal shall attend said court, and write down the names of twenty-four disinterested fireeholders, residing in Campau v9. City of De froit, 14t i said city, and who shall be approved by the court as iic h., 27-6, 284. such disinterested freeholders and residents, and as quali fied to serve. (~ 162.) SEC. 6. Said Court shall then issue a writ Summoning jurors. of summons, commanding the Marshal to summnon said twenty-four persons to be and appear in said court, to Campay vs. City of De troit,.14th serve as jurors, on some day to be named therein, which trit., 4t0,h 284. - shall not be less than seven days after the issuing( thereof. The Marashal shall serve such summons at least three days before the return day thereof, and make re turn in the same manner as in the case of a summons for petit jurors of said court; f and the persons thus summoned shall be bound to attend said court, and serve until discharged, and said court shall impose upon them a fine not exceeding five dollars for each day's non - attendance in court, or neglect to serve; but they may be exempted and exculsed by the court firom serving, for the same reasons for which petit jurors may be exempted or excused. g (~ 163.) SEC. 7. The names of the jurors in attend- Drawing ju ry. ance, and who do not claim to be exempted, or are of the resolution of the Common Council, as filed in said court, certified by the Clerk of said court, and the City Attorney shall give said jury legal advice and counsel concerning their duties, whenever requested." In the case of Campau vs. the City of D)etroit, 11 Mich., 276, the Supreme Court declared these amendments void, as being in conflict with Article XV, Section 15. and Article XVIII, Section 2. of the Constitution. See Section 147, ante. See note, Section 148, cante, as to exemptions. 99 CHAPTER VII. C.... I CHARTER OF THE CITY OF DETROIT. CHAPTER VII. OPENING, ALTERING AND CLOSI,;T not excused from serving, shall then e written by the Clerk of the Court on separate slips of paper, of equal size and appearance, as near as practicable, and be de posited by him in a box having a lid, or cover. Ilie shall then shake said box, so as tholroughly to mix said slips of paper, and shall then draw impartially, openly, and in the presence of the court, so many of the slips of paper, or ballots, containing names written thereon, one after another, as shall be sufficient to form a jury. The right of challenge shall be allowed, as in civil cases, under the laws of this State. Infficase ofin- (~ 164.) SEC. 8. If, in consequence of jur'ors being of ballots other per- exempted, excused, or set aside, there shall not be in sons to be summoned. the box any ballots, or a sufficient number of ballots firom which to draw the jury, the Marshal shall forth with, under the order of the court, summon such num ber of persons as the court shall deemi necessary, and may order to be and appear in said court, to serve as jurors, and the persons thus summoned shall be returned, be bound to attend said court and serve, and be com petent to form the jury, in the same manner, and to the same effect as those first summoned. First twelve (~ 165.) SEC. 9. The first twelve persons who shall app e aring and approvedobejury appear, as their names are drawn and called by the and sworn. Clerk, or who are called by him when all the ballots Campau vs. have been drawn firom the box, and shall be approved City of Detroit, 14th Mi ch., 2'6, by the court as qualified, shall' be the jury, and be sworn to dischar ge their duties faithfully, and according Instructions to the best of their abilities. Said court shall then into jury by Court and Attorney. struct said jury as to their duties, and the law appli cable to the case, and deliver to them a copy of the resolution of the Common Council, as filed in said court, * s }i d 100 CHARTER OF TIHE CITY OF DETROJT. OPENING, ALTERING AND CLOSING STREETS. certified by the Clerk of said court; ald the City Attorney shall give said jury legal advice and counsel coincerning their duties whenever requested. (~ 166.) SEC. 10. The jury shall go to the place of Jurytoview the intended improvement, and upon or as near as practicable to ally property intended to be taken, and described in said resolution, or as the case may be, which will be damaged or benefited, if the intended improvement be made. (~ 167.) SEC. 11. Said jury shall then ascertain the Dutiesofju ry. necessity for using the property intended to be taken, if it be intended to take any for such improvement, and if they shall find in the affirmative, they shall next determine the just damages and compensation to be paid to the owner or owners of any property intended to be taken for, or that they may be damaged by, the intended improvement, and award to the owner or owners thereof, such damages and compensation as they shall deem just:h If such property shall be subject to a valid mortgage, lease, and agreement, or to either, and such facts shall be made to appear to the jury, then said jury shall apportion and award to the owners of such property, the parties in interest to stuch mortgage, lease, and agreement, or to either of them, such portions of the damages and compensation as they shall deem just. And in all cases where any such damages shall be Cert'indam ages payaawarded, except for the laying out, establishing, opening, blity Treats ury. widening, altering, or vacating an alley, or alleys, such Camrnpau vs. City-of De., troit, 14 th damage shall be payable out of the city treasury, and {rlu, 16. 2&q. h See Sectionll 194, post. relative to determininig the benefits to, or enhanced value of property. 101 CHAPTER VII. CHA4RTER OF 7HE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. the means therefor shall be raised from time to time, as may be necessary, with the general city taxes. Apporti o n (~ 168.) SEC. 12. In case of laying out, establishing, mnerit of expenses. penses opening, widening, altering or vacating an alley or alleys, said jury shall further proceed to apportion the total damage and compensation to be paid for the proposed improvement, among the lots of land, premises or subdi visions thereof, within the block in which the alley in question is situated, and which will be benefited by the proposed improvement, apportioning and assessing the same upon the said lots, premises or subdivisions thereof, as near as may be, in proportion as the same will be Contingent benefited by said improvement. The benefits assessed fund. under this section shall, when collected, be paid into the city treasury, and by the treasurer placed to the credit of the contingent fund, and all damages awarded by the jury shall be paid out of said contingent fund.i [As a,ien(led by Laws of 1867, TVol. II, p. 1112. lIeport of (~ 169.) SEC. 13. Said jiury, after completing the jury. aforesaid duties, shall then make, in writing, and each shall sign the report to said court, of their doings, in close the same in a sealed envelope, and file it in the office of the Clerk of said court, wvithiin thirty days after they were sworn. Rep'rt, what (~ 170. ) SEC. 14. In cases where said jury shall find to contain. such improvement to be necessary, they shall state, in their report, the just damages and compensation ascerHinchman tained and awarded by them to the owner of any priVs. City of Detroit, 7tl MicI.,.103. vate property, or to any person claimiiing-, an interest See Section 171, Jo9st. 102 CHAPTER VII. CHARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. therein, by virtue of any valid m-ortgage, lease, or agreement, to which such property may be subject, together with the names of such owner, or claimant, if known, and a description of the property intended to be taken. In case any damages and compensation be awarded to any person claiming an interest in such property, by virtue of a valid mortgage, lease, or agreement, to which such property may be subject, it shall be sufficient to state further, in such case, the name of such claimant, the date of such mortgage, lease, or agreement, or assignment thereof, if there be any, by virtue of which such clainmant has an interest in the property intended to be taken. (~ 171.) SEC. 15. Said jury shall also, in the case wha.t fur ther to conprovided by section twelve, state in their report what tain. portions in amount of the total ascertained damages and compensation they have apportioned to and assessed upon any lot, premises, or subdivision thereof, which will be benefited by the intended improvement, together with the names of the owners thereof, if known, and a description of the same, and also what portion, if any, of the ascertained damages and compensation they have apportioned and assessed to the City of Detroit, in the case above provided for. (~ 172.) SEC. 10. Said report may be confirmed by Confriawt'n of re~port. said court, at any term thereof, and the court shall appoint some day when it will consider said report and objections against the confirmation thereof; on the part of all persons interested therein, whereof the City Attorney shall give notice, by publishing the same in the official daily newspaper of said city, and in one other daily newspaperi, published in said city, for six successive 103 CHAPTER VII. CHLARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. days, and he shall file in said court an affidavit of such publication, before the time appointed for consideriing said report. Said objections shall be filed with the Clerk, in writing, but may be argued, and the consideration of said Objection. report and objections may be adjourned, from time to time, until said report be confirmed, or otherwise disposed of, as herein provided. Report not ( 173. ) SEC. 17. Said report shall not be ainnulled to be anoulled for matters of for objections as to matters of form; all objections shall forni. be objections of law, and to matters of substance, but the damages and compensation to be paid to any person, or the portions thereof apportioned to, and assessed upon any lot of land, premises,: or subdivision thereof; may be inquired into, if objected to as beiing excessively large or small. If no oblec- (~ 174.) SEC. 18. If no ob)jections be filed, said retions filed, report to be confirrmed. port shall be confirmed; but if objections be filed, said court, after considering the same, shall, in its discretion, Proceedin's confirm or annul said report, or may refer it back to if objections are fled. e ed the same jury, for the purpose of reviewing all matters, and coirrecting all errors therein contained, and miaking any alteration thereof which said court may direct, or said jury may deem just or necessary, and therieon said jury shall review, correct, or alter said report, in man ner aforesaid, and shall return and file the same, with the Clerk of said court, within five days after said re port was referred back to them as aforesaid, and there upon said court shall confirm or annul said report. New jury to ( 175.) SEC. 19. If said report be annulled, or the be sumnioned in certain cases. jury cannot agi-ee, or fiom death, sickness, or any other cause, shall fail to make a report within the thirty days requiried abov(-, tihe colt ilay, on the apl)lication of the 104 CHAPTER VII. CIIARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. City Attorney, designate some day in term, when another jury may be had, and such jury shall be obtained, drawn, summoned, returned, bound to attend and serve, have the same qualifications, be sworn, and when sworn, have the same powers and duties as the first jury. The same proceedings, after they are sworn, shall be had by them, and by and in said court, as provided for above, afte-r the first jury is sworn. ~ 176.) SEc. 20. If any juror, after being sworn, vacancy in j jury, how shall die, or from sickness be unable to discharge his supplied. duties,. the court mnay appoint another person to serve in his place, who shall be sworn, and shall have the like qualifications, powers and duties as those already s worn. (~ 177. ] SEC. 21. Any person, to whom damages Appeal. and compensation may be awarded for any of his preperty, intended to be taken, or on account of the intended improvement, or to and upon whose property any portion of such damages and comnpensation may be apportioned and assessed, considering himself aggrieved, may appeal from the judgment of the Recorder's Court, confirming the report of the jury, to the Supreme Court, by filing, in writing, with the Clerk of said Recorder's Court, a notice of such appeal, and specification of the Notice of specificati' n errors complained of; within five days after the confirm- of errors. ation, and serving, within the same time, a copy of said notice and specification of errors, on the City Attorney, and filing a bond in said Recorder's Court, to be ap- Bonldon ap - - ~~~~~~~~~~~~~~~~~~~peal. proved by the Recorder, conditioned for the prosecution Condition. of said appe(al, and the payment of all costs that may be awarded against the appellant, in case the ijudgmnent of confirmation of the Recorder's Court be affirmned. $ 105 CHAPTER VII. CHARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. Retlirn to (~ 178.) SEc. 22. In case of appeal, as above, it appeal. shall be the duty of the Clerk of said Recorder's Court, forthwith, or as soon as practicable, to transmit to the Supreme Court a ceritified copy of all the proceedings in the case, which imav be filed in the office of any clerk of said coiirt.j pDrtiesofsu- ( 179.) SEC. 23. The Supreme Court, at any term on appeal. thereof, shlall, with the least practicable delay, hear and try the matter of said appeal, and may affirm or reverse the judgmenet of the Recorder's Court, confirming the report of the jury; but the same shall not be reversed for matter of form, nor for any errors, except errors of law, and only in regard to the appellant, or appellants. Dmnffield vs. The court shall give jud-gment for reasonable costs and Citv of Detroit, 15th mich., 44. expenses in the matter of said appeal, and proceedings thereon to be taxed, and all costs and expenses awarded to the City of D)etiroit, in case of affirmation, shall be applied on and deducted fi'om the damages and conipen sation, if any, to be paid to the appellant or appellants. Remanding (I 180.) SEC. 24. If there be a reversal for any proceedings certase. errois, whichl it is practicable fori the Recorder's Court or said jury to correct, with due regtlrd to the public interest and rights of'individuals, the proceedings shall be remandced to said Reeor(ldei's Court, with direction that sui(h error be corrected. Said Recoi-der's Court, at any term thereof, or (as the case may be) said jury, under the direction of said court, shall correct such error, and thereupon the report of the jury shall be confirmed by said Re(-,crder's Court, without any fllltler right of appeal. i In Duffleld vs. City of Detroit, 15 Mich., 474, 481, it was held, per Cooley J.. that this section made it imperative upon the Recorder to pot his rulings in this class of cases in writing. 106 CHAPTER VII. CHARTER OF THE CITY OF IDETROIT. OPENING. ALTERING AND CLOSING STREETS. CHAPTER VII. ( 181.) SEC. 2.5. In every case of annulment of the Corn. Coun ~s~~~~~~ c~~cil may elect in certain report of the jury, by the Recorder's Court, or reversal cases to pay 's~~~~~~~~~~~ damages. by the Supreme Court, the Common Council, in behalf of said city may, by resolution, elect to pay the dainages and compensation claimed by, or the assessment made upon the property of the objector, appellant or appellants. On filing a certified copy of said resolution, in the Recorder's Court, within twenty days after the annulment or reversal, the report of said jury shall be reviewed and confirmed by said Recorder's Court, as to all persons interested therein, except the objector, applellant, or appellants, and without further right of appeal. If the Common Council do not elect, as above provided, all the proceedings shall be null and void, and no further proceedings shall be had, except in a case of reversal, when tl)e proceedings may have been remanded to the Recorder's Court for the correction of certain errors, in which case such erlrols shall he corrected, and the report of the jury confirmed, as above provided. ( 182.) SEC. 26. If the report of the jury be con- Confirmat'n ol report to be final. firmed by the RPecorder's Court, in any case above provided for, or if the judgment of confirmation be affirmed, on appeal to the Supreme Court, such confirmation shall be final and conclusive as to all persons interested therein; and the damnages and compensation apportioned to, and assessed upon any lot of land, premises, or subdivision thereof, according to said report, as confirmlned, shall be a lien thereon, firom the time of the aforesaid confirmation, until they are paid and satisfied. (~ 183.) SEC. 27. When the report of tihe jury sha]l certified copy of prohave been thus finally confirmed, or the judgment Of beeenfili,antd recorded. confirmation affirmed by the Supreime Court, the Clerk 107 CHARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STRPEETS. of the Recorder's Court shall prepare a certified copy, under the seal of the court, of the report of the jury, as confirmed by the Recorder's Court, and of the order of the court, confirming the same, and the Clerk shall file said certified copy in the office of the Clerk of the city, who shall record the same at length, in a book to be provided, used and known as a hook of street rec ords. Such certified copy, such record, or a like copy, made and certified by thle Clerk of the R-ecorder's Court, shall, in all courts and places, be presumptive evidence of the matters therein contained, and of the regularity of all proceedings, firom the commencement thereof to the order of the court confirming the report of the jury. Amounts to (~ 184.) SEC. 28. The amounts apportioned to and be paid to City Treasurer. assessed upon all lots of land, premises, or subdivisions thereof, for the benefits they will receive, shall be paid to the Treasurer of said city, in case of confirmation of the report of the jury, as above provided, or in case the judgment of confirmation be affirmed by the Supreme Court, and may be collected, and said lots, premises, or subdivisions thereof may be sold therefor, in the same manner as in the case of collection or sale for assess ments to pay the cost and expenses of paving streets. Damages to ( 185. ) SEC. 29. Within sixty days after the conbe paid or t,,dea,,d in firination of the report of the jury, or after the judgsixty days. ment of confirmation shall, on appeal, be affirmed, the Common Council shall pay, or tender to the respective persons the several amounts of damages and comnpensa tion awarded to them, according to the report of the jury as confirmed, or elected as above provided for, to be paid by the Common Council; and in case any such 108 CHAPTER VIII. CHARTER OF THE CITY OF DETROIT. OPENING, ALTERP.ING AND CLOSING STREETS. person shall refuse the same, be unknown, or a non - resident of said city, or for any reason incapacitated from receiving his or her amount, or the right thereto be disputed or doubtful, the Common Council may deposit Damages to bedeposited in certain the amount awarded in such case, or elected to be paid cases with Treasurer. by the Common Council, in the treasury of the city, to the credit of any person entitled thereto, and shall, on demand, pay the same over to any person competent and entitled to receive it.k (~ 186.) SEc. 30. Upon such payment, tender, or de- Upon pay ment~tender or deposit, posit in the city treasury, the same shall become a to become public highpublic highway, and the Common Council may enter way. upon, take possession of, and convert the same to the uses and purposes for which it has been taken. A certificate of the City Treasurer of such tender, payment, or deposit, or record thereof, in the book of street records, or certified copy of such record, shall, in all courts and places, be presumptive evidence of the facts therein stated, of the vesting of the fee of the property taken in the City of Detroit, and of the right of the Common Council to take possession of and convert the same to the uses for which it has been taken.' (~ 187.) SEc. 31. In all cases where any real estate, Upont con firlatton of report, stipsubject to any lease or agreement, shall be taken as eulaPtons in lease or aforesaid, all the covenants andl stipulations contained toceas,. therein shall cease, determine, and be discharged, upon the final confirmation of the report of the jury, or upon the affirmation by the Supreme Court of the judgment of confirmation. If a part, only, of such real estate be k See Section 195, post. See Section 195, post. 109 CHIAPTER VII. CHARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. taken, said covenants and stipulations shall cease, deter mine, and be discharged only as to such part; and the Recorder's Court, on application of any party in interest to such lease or agreement, and after a notice thereof of eight days, in writing, to the other parties in inter est, may appoint three disinterested residents and freeCommis'ion-holders of said city, commissioners, to determine the rents ers to apportion rents in certain ca-and payments to be thereafter paid, and the covenants, ses. stipulations, or conditions thereafter to be performed un der such lease or agreement, in respect to the residue or part of such real estate not taken. Said commission ers shall, before entering on their duties, take and sub scribe an oath, to be administered by the court, faith fully to discharge their duties, which oath shall be filed Duties of in said court. Said three commissioners shall nmake and Commi'sion er. sign a report, in writing, of their doings, to said court, which shall be filed therein within thirty days after their appointment, and said report, on being confirmed by the court, shall be binding and conclusive on the parties in interest to such lease or ag-reernent. Compensa- (~ 188.) SEC. 32. The Common Council shall pay tion of jury. said jury such compensation for their services as they Com. Con- may deem just, and they shall have power to abandon abandon proceedin's, or discontinue proceedings, under this chapter, in said Recorder's Court, at any time before the final confirma tion of the report of the jury. Commission (~ 189.) SEC. 33. For the purpose of introducing a on plan of city. greater uniformity in the laying out the land in said city into public streets and blocks, and to restrain per sons from laying out such streets and blocks in a man ner prejudicial to the interest of the city, there shall be constituted a Board of Commissioners, upon the plaii of 110 CIFIAPTER Yll. CHARTER OF THE CITY OF I)ETROIT. OPENING. ALTERING AND CLOSING STREETS. the city, consistili, of three personis, to lbe alppoiited by the Common Conlcil, o0l tile nomination of the Mayor, and 1lo land withl in the limits of said citv shalll be laid Land lnot to lbe laid out inlto blocks out into blocks and public streets, without the colnsent and strletsk wvithouit con sent of'Cornand applroval of' a Inajority of said Commissiolners, in nlissioners. writing, entered upon a plaii of said lalid so laid out, which plan, duly acknowledged, and with said approval, in writing, thereon indolrsed, shall be recorded in the Register's office for the County of Wayne: t)-ovided, Proviso. however, In cases where a parcel of land lies between parcels of land duly laid out by plats, now on1 record, whose streets do not correspond in direction or size, the power of control shall not be so exercised over the platting of such intermediate parcel in order to produce such correspondence, as to essentially diminish their value. (~ 190.) SEC. 34. The City Clerk shall act as the Clerk of Board; plan Clerk of said Board, and plans for the approval of said to bede0pos ited with Clerk. Commrissioners, may be deposited with said Clerk for their action thereon, and if aplproved, a copy thereof shall be filed with said Clel'k, by the pelrsoll miaking or laying out the same. ( 191. ) SEC. 35. Any plans for layillg out intO Plans not ackno'leged public streets anld blocks, now existing in said city, and eadrdtoreorodf ed to be of no validity not acknowledged and recorded according to law, shall wpithout ap proval of comnmi'sionbe of n,) validity until tlley receive the approval of said ers. Commissioners, as hereillb-)efore provided. But the platting alnd recordilig, of ally blocks, lots, squares, lanes, alleys, parks, or public places withill said city, shall be a full and irrevocable dedication of the same to the public for the uses and purposes specified or named upon anly such record, plat, or planl; any such plats or plans, now of 11'1 CHAPTER VII. CHARTER OF THE CITY OF DETROIT. OPENING, ALTERING AND CLOSING STREETS. record, shall be, and be evidence of dedication, as here inbefore provided, unless reclaimed of record within thirty days after this act shall take effect. [As amendcled by lraws of 1861, p. 189.] hwacanciles, (~ 192.) SEC. 36. If a vacancy oeccurs in the office how filled. of said Commissioners, or either of themn, it may be filled by the Commnon Council, on the nomination of the Mayor. No compen- (~ 193.) SEC. 37. Said Commissioners shall receive sat-ion. no compensation for their services. Jury to de- (~ 194. ) SEC. 38. In assessing the damages and cornduct amo'nt asesn daae of benefit from dama- pensation mentioned and provided for in section eleven, ges. in cases where only a portion or portions of a lot or lots are taken, the court may instruct the jury to, and Duffield vs. in case of such instruction, the jury shall determine the City of De trot, 15 M., 474t, M. benefits or enhanced value that will accrue from the im provements to the portion or portions not taken, and deduct the same from the damages or compensation they would otherwise award to the owner or owners.''n [As added by Laws of 1865, p. 681. Assessm'nts (~ 195.) SEC. 39. Whenever any jury acting under of damages to estates of t* deceased the provisions of this chapter shall find in favor of takpersons. ing and using any property belonging to the estate of any deceased person, or that such estate will be dani aged by the intended improvement, the just damages and compensation determined upoli by them shall be awarded to the estate of such deceased person, and the amount thereof shall be paid or tendered to any executor m Where the jury, under this section, are instructed to determine the "bene fits or enhanced value," as to the portion or portions of the land not taken, they must make separate findings of the respective amounts of the damages and of the benefits or enhanced value, concurring on both items, and report the same to the court. Duffield vs. City of Detroit, 15 Mich., 474. 112 . CHAPTER VII. CHAPTER OF THE CITY OF DETROIY. OPENING, ALTERING AND CLOSING STREETS. or administrator of such estate; if there be no executor or administrator, or if he cannot be found, or refilse to accept the same, the amount shall be deposited into the city treasury, to the credit of such estate, and shall on demand, be paid to such executor or administrator, or other person entitled to receive the same; such payment, Payment of damage. tender or deposit, shall be made within the same time, and shall be of like effect, and may be evidence in the same manner as other payments, tenders or deposits, as provided for by sections twenty - nine and thirty, of said chapter seven. [ As added by Lazs of 1867, Vol. II, p. 1113.] 113 CHAPTER VII. CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. CI[APTER VIII. TAXATION AND FINANCE. SECTION 196. Into what funds revenues divided. 197. Powers of Council to collect taxes for different funds. 198. For district road fund. 199. For sewer fund. 203. Controller to present estimate; pub lic meeting to vote taxes. 201. Taxes for interest fund. 202. Special sewer tax. 203. Paving assessment and tax. 204. Loans for public building fund. 205. Consent of citizens required before issue of bonds for said fund. 206. Public works not provided for; when and how let. 207. Contracts over $200 let to the lowest bidder. 208. Evidences of debt; for what issued. 209. Council may authorize Controller to borrow money. 210. New bonds; what to show and how issued. 211. Refunded bonds to be destroyed. 212. Bonds; when void. 213. No illegal claim to be paid. 214. No money to be paid from treasury, except on warrant. SECTION 215. Affidavit to accompany claim. 216. Drafts on ftnds limited. 217. Officers not to be interested in con tracts. 218. When ordinances and resolutions may be passed at session when introduced. 219. Fiscal year; Controller's report,what to contain. 220. Controller and Council may require estimates from officers and boards. 221. Money to be put in bank at interest. 222. Committee for negotiating loans. 223. Taxes; to what fund credited. 224. Moneys; how applied. 225. Moneys not transferable from one fund to another. 226. Sinking fund; Board of Commis sioners. 227. Meetings of Board. 228. Treasurer custodian of sinking fund. 229. Pledge for payment of moneys bor rowed. 230. Officers converting moneys; penalty. 231. Plank crosswalks; how paid for. ( ~ 196.) SECTION 1. The revenues and moneys of the corporation shall be divided into the following fuiids, viz.: Gen'l Fund. 1st. General Fund, which shall be appropriated to defray the expenses of the City of Detroit, for the pay ment of which out of sonie other ftiiid, no provisionl is herein iiiade.' Contingent. 2d. Contingent Fund, to defray the conitingent expen ses of said city. I See section 223, post. I 114 CHAPTF,R VIII. Funds. CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. 3d. Interest Fund, to pay the interest on the funded Interest. debt of the city.b 4th. Sinking Fund, to pay the funded debt of said city.c Sink. Fund. 5th. Fire Department Fund, to defray the expenses FireTDepardt ment Fund. of purchasing lots, erecting engine houses thereon, purchasing engines and other fire apparatus, and all other expenses necessary to maintain the Fire Department of said city.d 6th. Poor Fund, to defiray the expenses of providing Poor Fund. for and taking care of the poor of said city. 7th. General Road Fund, to defray the expenses of Gen'l Road Fund. repairing paved streets and alleys, and of grading, paving and imp~roving the highways, streets and alleys of said city, in front of or adjacent to the property of the corporation. 8th. District Road Fund foir each ward of the city, Distr'tRoad Fund. to defrayv the expenses of working, repairing, cleaning, and improving the highcways, streets and alleys, in the ward for which such District Road Fund is constituted and raised.e 9th. Sewer Fund, to defray the expenses of construct-'SewerFund. ing sewers in said city. 10th. Street Opening Fund, to defray the expenses StreetOpen ing Fund. of openiing, widening, vacating, altering, straightenling, extending or abolishing any highways, streets or avenues in said city, under the provisions of chapter seven of this act. b See Section 201, post. Various provisions relative to the Sinking Fund are found in sections 201, 224. 226, 227, 228. d Section 433 provides for the Detroit Fire Commission Fund. See Section 231, relating to this fund. 115 CIHAPTER VIII. CIIAR TER OF TIIE CITY OF I)ETROIT. TAXATION AND FINANCE. Str.eet Pav- 11th. Street Paving Fund,f to defray the expenses ing Fund. of grading, paving and graveling, mnacadamnising or plank ing highways, streets, alleys, sidewalks and crosswalks in front of or adjacent to private proporty, and of putting curbstones and culverts therein. PublicB'ild- 12th. Public Building Fund,g for purchasing any real lng Fund. estate for the erection thereon of any public buildings, and to defiray the expenses of erectiing, repairing and preserving such public buildings as the Common' Council is authorized to erect and maintain, and are not herein otherwise provided for, which fiund shall, from time to time, be divided into Special Building Funds, to defiray the expenses of erecting, repailing and preserving the particular building or buildings for which such Special Building Fund may be constituted or raised. Recorder's 13th. Recorder's Court Fund, to maintain the RecordCourt Fund. er's Court. OtherFunds 14th. Such other funds as the Common Council may constitute for special purposes, not inconsistent with, nor to be taken from any of the finds above constituted or raised.h Powers of Powers ofuncil (~ 197. ) SEC. 2. The Commonii Council shall have ouclto collect. power annually to levy, assess and collect taxes, not ex ceeding one per cent. on the assessed value of all real and personal estate in said city, made taxable by the f 11th subdivision of Section 103, ante, p. 54. Also Section 203, et p)ost. g See Sections 204, 224. h For provisions as to Library and School Fund, see Public Schools, Part II, Chapter JIX. As to tax to pay interest on bonds of Water Commissioners, see Section 330. As to tax to pay interest on Bounty Fund, see Sections 465. 466. I't6 .CHAPTER VIIII. Str,cet Paving Fund. CHARTER OF THE-CITY OF DETROIT. TAXATION AND FINANCE. CHAPTER VIII. laws of this State,i in order to defray the expenses, and Taxes for cert'n funds. for the purposes for which the General Fund, Contingent Fund, Fire Department Fund, Poor Fund, General Road Fund and Recorder's Court Fund are constituted as above. (l 198.) SiEC. 3. The Common Council shall also have For District Road Fund. power annually to levy, assess and collect taxes on the assessed value of all real and personal estate in each ward of said city, made taxable by the laws of this State, in order to defiay the expenses, and for the purposes for which the District Road Fund is constituted as above: Provicled, That such taxes shall not exceed in amount, the rates of township road or highway taxes as now or hereafter established by the laws of this State.j (~ 199.) SEc. 4. The Common Council shall also have Tax for ex pense of sewers. power annually to levy, assess atnd collect taxes, not exceeding fifty thousand dollars on the assessed value of all the real and personal estate in said city, made taxable by the laws of this State, iii order to defray the expenses of constructing sewers, and for the purpose for which the Sewer Fund is constituted as above. [As aimen(le( by Laws of 1867, Vol. II, p. 1113. ] (~ 200.) SEc. 5. Before any taxes shall be levied, as Controller to present aforesaid, for the purposes of the General Fund, Con- estimate. tingent Fund, General Road Fund, Street Opening, Fund, District Road Fund, Fire Department Fund, Poor Fund, Sewer Fund, and Recorder's Court Fund, the Controller shall present to the Common Council, in writing, his i For what'is taxable property; Comp. Laws, Sections 782, 783, 784. For what is exempt from taxation; Comp. Laws, Sections 786, 944, 1515. See also 64th Subdivision of section 103, p. 71. i See 9th Subdivision of Section 103 ante, p. 54. 117 CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. estimate of the amount of taxes, which, in his opinion, it may be necessary to raise for the ensuing yea]r, for the purposes of said fund; shall state therein the amount estimated for the purposes of each of said funds, and also an estimate of the entire proposed expenditures for said year, whether the same is to be raised by tax, by loan, or by special assessment, and said estimate shall be published in the official paper of the city, and shall, at the same time, give to the Common Council any in formation in his power, and which they may request, concerning the finances of said city. The Common Coun cil, after revising or altering said estimate, but not so as to exceed the aggregate taxes hereby authorized to Pnblicmeet- be levied, shall direct the Mayor or acting Mayor to ings to vote taxes. call a public meeting of citizens of said city, to take into consideration the taxes proposed to be raised and specified in said estimate, by publisliing notice thereof in one or more daily newspapers published in said city, for not less than three successive days, and posting the same in conspicuous places in said city, at least three days prior to the time of the meeting, which notice shall contain the substance of said estimate. Said meeting shall transact the business for which it was called. If a majority of the citizens present shall consent to the' levying of the taxes specified in said estimate, then the Common Council shall proceed to levy, assess and col lect the same, or such part thereof as may have been Sec'ndmeet- consented to; but if said meeting shall not consent to ing. the levying of said taxes, the said Common Council may call a second meeting of said citizens in the same manner, and which shall have the same power as the first meeting hereinbefore provided for. 118 CHAPTER VIII. CHAPTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. (~ 201.) SEC. 6. The Common Council shall annually Taxes for Interest levy, assess and collect on the assessed value of all the Fund. real and personal estate in said city, made taxable by the laws of this State, taxes for the purposes of the interest fund, not exceeding, ill amount, a sufficient sum to pay the interest, accrued or to accrue on the funded debt of said city, for the year for which such taxes are levied; and also taxes not less than five, nor more thani ten thousand dollars, for the purposes of the sinking fund.k (~ 202.) SEC. 7. The Common Council shall also have SpeTcialSew ei' Tax. power annually to levy, assess and collect a tax or assessment on all lots, premises and subdivisions, thereof drained by private sewers or drains, leading into or connected with any public sewer, or drain, which tax shall be one dollar and fifty cents on every lot, premises or subdivision thereof having a cellar, fifty cents if there be no cellar thereon, and such sums as the Common Council may fix for all lots and establishments drained as aforesaid, and requiring an unusual or extraordinary amount of drainage.' Said tax or assessment shall be credited to the sewer fund, and applied to the repairing of sewers and drains, and if the same be more than is required for such purpose, the surplus may be applied to the construction of sewers and drains. (~ 203.) SEC. 8. The Common Council shall also have Taxforgra difig,pawaing power from time to time to levy, assess and collect a etc. k See 3d subdivision of Section 196, also, 4th subdivision of the same sec tion. Held that the payment of sulch tax created no liability of the City to pay damages resulting from use of the sewer, even if defective. Dermont vs. City of Detroit. 4 Mich., 425. 119 CHAPTE,R VIII. CHARTER OF THE CITY OF DETROIT. CHAPTER VIII. TAXATION AND FINANCE. Wo'dbri(dge tax or assessment on all lots, premises or subdivisions vs. Detroit, S Mich.,272. thereof, sufficient to defray the expenses of grading and paving, graveling, macadamizing or planking any high way, avenLe, street, lane, alley, or cross - walk in said city, in fi'ont of or adjacent to such lots, premises or subdivisions thereof, and of putting curb - stones and cul verts therein, the proceeds of which tax or assessment Proviso. shall be credited to the street paving fund:m Provided, That such tax or assessment shall not, in any one year exceed, in the aggregate, the sumn of fifty thousand dol lars, except ulpon the petition of the holders of a ma jority of the property upon any alley, street, block or square which the petitioners may desire paved; such grading, paving, graveling, macadamizing and putting in of curb-stones and culverts shall be commenced and com pleted, and all contracts therefor shall require the same to be commenced and completed within the six months next preceding the first day of December of the year in which such contract shall be made, but it shall be law fuil for the Common Council to extend the time for the completion of any such contract for work which may have been commenced in good faith and not fully completed by the time above mentioned. [As amecdted by Laws of 186], p. 189.] Loans for (~ 204.) SEC. 9. The Common Council shall also have publicbuild-rag fund. g und power to provide money for the public building fund, by loaning, upon the faith and credit of said city, and upon the best terms that can be made, a sumi of money not exceeding three hundred thousand dollars, and to See cases of Lefevre vs. Mayor. etc. of Detroit, 2 Mich., 286; Williams vs. Mayor, etc. of Detroit, 2 Michi., 560. 120 CHARTER OF THE CITY OF DET-ROIL,. TAXATION AND FINANCE. issue the bonds of said city to an amount not exceeding that sum, pledging its faith and credit for the payment of the principal and interest, but said bonds shall not be negotiated at less than their par value. Said bonds shall be denominated "Public. Building Stock of the City of Detroit," shall be regularly dated and numbered in the order of their issue; shall be for sums not less than five hundred dollars each; shall bear interest not exceeding seven per cent. per annumn; shall be payable in not less than twenty years from date; shall be issued under the seal of the corporation, signed by the Mayor, and countersigned by the Controller. The Controller shall keep an accurate record of said bonds, showing the class of indebtedness to which they belong, the number, date, and amount of each bond, its rate of interest, when and where the same is payable, and the person to whom it is issued. The proceeds of said bonds shall be paid to the Treasurer, and be credited to the public building fiund, and applied exclusively to the purposes for which said fund is constituted as above. [As amended by .Laws of 1861,,p. 190. ] ( 205.) SEC. 10. No bonds shall be issued as afore- Consent of pnblie nieet mg requir'd said for the purposes of the public building fund, until for issue of bonds for public b'ilda public meeting of the citizens of said city shall have ingfunid. been called and held to consider the subject of constructing a public building for such purpose as the Comnmon Council may propose, which meeting shall be called and may be held in the manner above prescribed for calling and holding in relation to the levying of taxes. The Common Council shall cause to be presented to said meeting, by the Controller, an estimate of the necessary cost of purchasing the necessary real estate for the erection 9 121 CHAPTER VIII. CHARTER OF THE CITY OF DETROIY. TAXATION AND FINANCE. thereon of any building and expense of the building proposed to be constructed. If a majority of the citizens present shall consent to the purchase of such real estate, and construction of a building for the purpose proposed, and to thle estinate presented, or any part thereof, the Common Council shall then be authorized to contract for the purchase of such real estate and for the construction of said buildilg,i at a cost and expense not exceeding in amount, the estimate or part thereof thus consented to, and to expend thereon, borrow money and issue bonds as above provided. [As (amne)te(d by Lawtos of 1861, p. 191.] Pub. works (~ 206.) SEC. 11. NO contract shall be let or ennot provid'd for; how and when to be tered into for the construction of any public work within let. said city,m not herein otherwise provided for, and no such public work shall be commenced until it shall have been williams vs. approved by the Commlnon Council, and a tax or assessMayor, etc., of Detroit, 2 Mich, 560. ment levied to defiray the cost and expense thereof; and no such public work shall be paid for or contracted to be paid for, except out of thie proceeds of the tax or assessment thus levied.n No contract (~ 207.) SEC. 12. No contract for the purchase of forover $200 to be let exto tbeethe any real estate, or for the construction of any public lowest bidder. building, sewer, paving, graveling, planking, Inacadamiz ing, or for the construction of any public work what ever, or for any work to be done, or for purchasing or furnishing - any material, printing or supplies for said m See Section 217. n The City cannot make itself responsible for any public work. Payment can only be made from specific funds actually in the hands of the Treasurer. Goodrich vs. City of Detroit, 12 Mich., 279. See Chaffee vs. Granger, 6 Mich., 51, as to contracts made prior to Charter of 1857. i i 122 CHAPTER VIII. CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. corporation, if the purchase of said real estate, or the expense of such construction, repairs, work, materials, or supplies shall exceed two hundred dollars, shall be let, or entered into, except to and with the lowest responsible bidder, with adequate security,~ anid as to such work or material, requiring mechanical skill, to and with practical mechanics, and as to such other work, supplies or material not requiring mechanical skill, to and with such persons as shall be deemed competent for the performarice of any such contract, and not until advertised proposals and specifications therefor shall have been duly published in at least one daily newspaper published in said city, and for such period as the Common Council shall prescribe. And no bids shall be accepted from, or contract awarded to, any person who is in arrears to the corporation upon debt or contract, or who is a defaulter as security, or otherwise, upon any obligation to the corporation, or who shall be in other respects disqualified according to the provisions of this act. (~ 208.) SEc. 13. No loan, bond, or other evidence Evidenceof debt; for of debt, not expressly authorized by this act, or any act whatissued. hereby continued in force, shall be made or issued by the Common Council or any officer of the corporation q Provide(t, however, That the Common Council may issue new bonds for the refunding of bonds and evidences of debt already issued; and the proper officer of the corporation may draw and issue orders on the Treasurer for the necessary and current expenses of the city. o See Section 34, ante. q See Section 574. 6 123 CHAPTER VIIII. CHARTER OF THE CITY OF DETROIT. 124 CHAPTER VIII. Councilmay (~ 209.) SEC. 14. The Common Council shall not authorize CoIitro 11 e r to borrow have authority to borrow, except as herein before provimoney. ded, any sums of money whatever, on the credit of the corporation, but may authorize the Controller to borrow, firom time to time, on such credit, in anticipation of the revenues of the corporation for the current fiscal year, and not to exceed such revenues in amount, such sums as may be necessary to meet the expenditures under the appropriations for the current fiscal year. New bonds (~ 210.) SEC. 15. All new bonds, issued for the rewh't to show and how isasuedhw. fundi ng of bonds and evidences of debt before issued, shall show the class of indebtedness to which they be long; be issued on the best terms that can be made; be regularly dated and numbered in the order of their issuance; shall be for sums not less than five hundred dollars each; shall be issued under the seal of the cor poration, signed by the Mayor, and countersigned by the Controller Controller. The Controller shall keep an accurate record, to keep record. showing the class of indebtedness to which they belong, the number, date and amount of each bond, its rate of interest, when and where the same is payable, and the person to whom it is issued, and showing also what bonds or evidences of debt have been thereby refunded. Refunded (~ 211.) SEC. 16. All bonds and evidences of debt, bonds to be cancel'd and destroyed. when refunded, shall be canceled and destroyed by the Treasurer, in the presence of the Controller and a spe cial committee of the Common Council appointed for the purpose. He shall record and keep an accurate descrip tion of all bonds and evidences of debt thus canceled and destroyed. Bonds void (~ 212.) SEC. 17. All bonds and evidences of debt when issued contrary to this act. issued, and all contracts made or entered into contrary TAXATION AND FINANCE. CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. to or not authorized by the provisions of this act, shall be absolutely void. The Common Council shall incur no expenses and create or pay no debt or liability contrary to or not authorized by the provisions of this act, and shall not appropriate or use the property or moneys of the corporation, except as authorized by and in pursuance of law. ( 213.) SEC. 18. No claim or demand against the No illtegal claim to be corporation shall be allowed or paid, or warrant on the paid. treasury issued therefor, if the same be contrary to, or is not authorized by law, and no additional allowance beyond the legal claim under any contract with the corporation, or for any service on its account, or in its employment, shall be allowed. No warrant on the treas- No warrant to be drawn when there ury shall be drawn for any claim or demand for the is nomnoney in Treasury, payment of which there is no money iii the treasury raised or received for such purpose, or after the fund constituted and raised therefor has been exhausted by warrants previously drawn thereon, or by appropriations, liabilities, debts and expenses actually made, incurred or contracted for, and to be paid out of such fund.r ( 214.) SEC. 19. No moneys shall be paid out of No money to be pail from treasthe treasury, except upon a warrant signed by the Con- furry except on warrant. troller, and approved or authorized by the Common Council in pursuance of law. Such warrant shall specify what war rant to conthe purpose for which the amount thereof is to be paid, taoin and the purpose for which the how in dorsed. with sufficient clearness to indicate the particular fund constituted or raised therefor, shall have indorsed thereon the name of the particular fund out of which it is See Section 206. 125 CHAPTER VIII. CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. payable, and shall be paid from the fund constituted for such purpose, and from no other.s Claim to be (~ 215.) SEC. 20. No claim against the corporation accompan'd byaacitd. shall be audited or paid unless accompanied by the affi davit of the claimant, (if such affidavit be required by the Controller,) that the service, labor or materials upon which such claim is based, have been actually rendered, performed or furnished; that said claim is justly due, and that no part thereof has been paid, except Ps to the credits, if any, set forth in the account therefor. Drafts on (~ 216. ) SEC. 21. The Common Council shall not, funds limited. by warrant, draft or order on the treasury, or by any form of contract, create any liability or expense, for the payment of which any particular fiund is constituted as above, to a greater amount in the aggregate, for any one year, than the amount of moneys raised for and paid into such fund for the year. All warrants, drafts, orders, and contracts payable under this act, out of any particular fund, and issued or made after the moneys raised for and paid into such fiund shall have been ex hausted by payments therefriom, or liabilities created and to be paid out of said fund, shall be absolutely void as against the corporation. Officers not (~ 217.) SEC. 22. No contract or agreement, written t- be intereste din any or verbal, to which the corporation shall be a party, or contract with city. to which any officer or board thereof shall officially be a party, for the construction of any pavement, building, sewer, or performance of any public work whatsoever, or contract, or agreement, requiring the expenditure, receipt, or disposition of money or property, by the corporation, I See Section 65, ante. 126' CHAPTER ~III. CHARTER OF TIHE CITY OF DETROIT. TAXATION AND FINANCE. of any officer or board thereof, or creating any debt or liability, shall be let, or entered into, either directly or indirectly, with any member of the Common Council, or other officer of the corporation, either as principal or surety, and any such contract or agreement thus let or entered into, shall be absolutely void: t Provi(ded(, Bole- Proviso. ever, That nothing herein contained shall prevent the Overseer of Highways, of any ward, from contracting with the corporation for cleaning, repairing, or improving the streets in their wards respectively. [As amendted by Laws of 1861, p. 191. (~ 218.) SEc. 23. No ordinance, resolution, or pro- No ordie nane, etc., to be passed ceedinog of the Common Council, imposing taxes or assess- at neeting at which I menits, or requiring the payment, expenditure, or disposi- was intro 1-duced. tion of money or property, or creating any debt or liability therefor, and no other ordinance shall be passed at the same meeting at which it was introduced, unless by unanimous consent, or at a special meeting called therefor, and every such ordinance, resolution, or proceeding shall be passed by yeas and nays, to be entered on the record.u ( 219.) SEc. 24. The Common Council shall deter- Fiscal year. mine the fiscal year, and within one month after the end thereof, the Controller shall render to the Common Coun- controller's report. cil a full, complete, and detailed statement, with tabular lists, of all moneys received and expended by the corporation for the preceding fiscal year, slhowing on what account they were received and expended, to what funds t By Section 13 (ante) such contract or agreement renders the party guilty of malfeasance in office, and is made punishable by inle or imprisonimeuit, or both. This section is copied from section 98, anto, 127 CHAPTER VIII. CIIARTER OF THE CITY OF.DETROLT. TAXATION AND FINANCE. they were credited, and out of what funds they were paid, and classifying each receipt and expenditure under WhatttOcOn- its appropriate head. In such statement he shall also lain. give, by tabular lists and otherwise, such general inform ation as may be necessary for an understanding of the pecuniary resources and liabilities of said city, and of the condition of each fund, and may make such recom mendations concerning the same, as the interests of said To be pub- city may require. The Common Council shall cause said lished. statement to be published in the daily newspaper, pub lished by the printer for said city, and in such other paper or papers as the Common Council may direct. Controller (~ 220.) SEC. 25. The Common Council and the or Council may require enstin mates Controller, or either, may, at any time, require from the and accront s fr'm officers, and boards. various officers and boards of the corporation, and it shall be their duty to furnish, when required, and in such form as shall be required, full and particular esti mates, in detail, of the expenses of their offices or de p)artments for the current or next ensuing fiscal year, and also fill and particular accounts, in detail, of their expenses for any past year, or for any part thereof. Money may ( 221 ) SEC. 26. Thle Common Council shall have be put in bank. power to contract with any safe bank or banks, for the safe keeping of the public moneys, and for the receipt of interest, at a rate not exceeding that established by law, upon such moneys of the corporation deposited with such bank or banks, and to be drawn on account cur rent from such bank or banks, by the corporation, or proper officer thereof, and such interest shall belong and be credited to the sinking fund. Committee ( 222. ) SEC. 27. The Mayor, Controller, and Chairfor negotia. ti'n ofloan. man of the Committee on Ways and Means, shall be a 128 CHAPTER VIII. CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE, committee for the negotiation of all loans authorized by this act, except as to any loans to be made by the Controller, under the authority of the Common Council, as above provided;v and a majority of said committee shall have power to make such negotiation, subject to the approval of the Comnion Council. (~ 223.) SEC. 28. All taxes and moneys raised, re- Taxes, to what fund credited. ceived, or appropriated for the purpose of any particular fund, shall be paid in and credited to such particular fund; and all taxes and moneys not raised, received or appropriated for the purpose of any particular fiend, shall be paid in and credited to the general fund, or such other fund as the Common Council shall direct. (~ 224.) SEC. 29. The moneys belonging to the sev- M~niey,h~w applid eral funds of the corporation, and all taxes and moneys raised, received, or appropriated for the purposes thereof, shall be applied to the purposes for which said funds are respectively constituted, as above; and for which said taxes and moneys are raised, received, or appropriated: Provicled, howceer, That if, from any cause, there Proviso. shall be, at the end of any fiscal year, a surplus in any other than the public building fund, the district road fund, for each ward, and the sinking fund, over and above the actual or estimated cost of any work for which the money of any fund was specifically raised, such surplus shall be transferred and credited, by the Treasurer, to said sinking fund, at the end of such fiscal year, whenever there shall not be sufficient moneys therein to pay the outstanding finded debt of said city. I See Section 209. 129 CHAPTER VIII. CHARTER OF THE CIT'Y OF I)ETROII. TAXATION AND FINANCE. Moneys not (~ 225.) SEC. 30. Moneys shall not be transferred to be transferred fromi one fund to from one fund to another, and the moneys received and another. properly belonging to one fund, shall not be credited to any other, or different fund, except to the sinking fund, Funds may as above provided; but the Controller shall have the be divided. power to divide the several funds above constituted into special funds, to defi'ay special expenses, belonging to the same class of expenses, for the payment of which said several funds are above constituted. Board of 26 1 rr oard ofms- (~ 226.) SEC. 31 The Mayor, Controller, Treasurer, sioners of Sink. Fund-. and Committee on Ways and Means, and their success ors in office, by virtue of their offices, shall be a Board Duties of of Commissioners of the sinking fiund. They shall, firom Board. time to time, upon the best terms they can make, pur chase or pay the outstanding funded debt of said city, or such part thereof as they may be able to purchase or pay, until the same be fully purchased up, or paid; and all bonds and evidences of debt, thus purchased or paid, shall be delivered to the Treasurer, and shall be come and be the property of the Commissioners of the sinking fund, and the interest thereon shall be credited and belong to the sinking fund; and whenever they can not arrange for purchasing or paying the said debt, or any part thereof, they shall, temporarily, and until they can so arrange, invest the moneys belonging to said sinking fund in such securities, paying an interest of not less than seven per cent., as they may deem safe and advisable. Said Commissioners shall, from time to time, and whenever requested by the Common Council, make report of their doings, which report shall be made to the Common Council, referred to and filed with the Controller, and recorded by him in some proper book, to be provided for the pur pose. 130 CHA-PTER VIIII. CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. CHAPTER VIII. (~ 227.) SEC. 32. Said Board of Commissioners of Meetings or Board. the sinking fund shall be a board of the corporation, within the meaning of this act, and shall be subject to the provisions of any existing or future ordinances of said city, relative to the sinking fund. They shall meet, from time to time, for the transaction of business, and may adopt rules of proceeding at their meetings. A majority of the whole board shall be a quorum for the transaction of business, but they shall not purchase in, or pay the outstanding funded debt of said city, or invest any of the moneys belonging to the sinking fund, as above provided, except under a resolution for such purpose, passed and approved by the vote of a majority of the whole board, and by yeas and nays, to be ent e r e d of record. The Mayor, or, in case of h is absence, Whotopre side. some member, to be appointed by those present, shall preside at their meetings. They shall appoint one of Secretary, his duty. their members Secretary of the Board, whose duty it shall be to keep a true record of its doings. (~ 228.) SEC. 33. The Treasurer shall have the CUs- Treasurer to have cuetody of all moneys, securities, and evidences of vafzle, togdy~fsink ing Fund. belonging or pertaining to the sinking fund, and shall pay out the moneys of said fund only by order of the Commissioners, or a majority thereof, and upon the warrant of the Controller. (~ 229.) SEC. 34. The faith and property of the Pledge for payment of City of Detroit shall remain pledged for the final pav- mOone(.sborment of all bonds issued, and of all moneys borrowed by authority of, and in accordance with this or any other act of the Legislature of this State. (~ 230.) SEC. 35. If any officer of the corporation Officer con v'rting monshall, directly or indirectly, appropriate or convert any eYtiofotorPl)oe ration to e d'em'd glilty of the moneys, securities, evidences of value, or any of menldafetsY anceinomice 131 CIHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. property whatsoever, belonging to the corporation, or any board thereof, to his own use, or shall, directly or indirectly, and knowingly, appropriate or convert the same to any other purpose than that for which such moneys, securities, evidences of value, or property may have been appropriated, raised, or received, or to any purpose not authorized by law, he shall be deemed guilty of willful and corrupt malfeasance in office, and lay be prosecuted, tried, and convicted therefor, and on convicPunishm'nt. tion, may be punished by fine not exceeding one thou sand dollars, and imprisonment in the State prison, jail of Wayne County, or jail of said city, not exceeding three years, or either, in the discretion of the court. Plank cross- ( 231. ) SEC. 36. The expenses of construceting and walks, how e an paid for. repairing plank crosswalks, in the several wards, shall be defirayed from the district road fund, mentioned in sub division eight, of section one of this chapter. [Added by Laws of 1861, p. 189. 132 CHAPTER VIII. CHARTER OF THE CITY OF DETROIT. ASSESSMENT OF TAXES AND THEIR COLLECTION. CHAPTER IX. ASSESSMENT OF TAXES AND THEIR COLLECTION. SECTION 232. Assessor; term of office. 233. Duties of Assessor. 234. Assessor and Aldermen have power of Supervisors. 235. Manner of assessing. 236. Assessor may demand list of owner. 237. Board of Review; how appointed; session of; powers and duties; compensation. 2'8. Have same power as Supervisors. 239. Notice to tax payers. 240. Appeal to the Council. 241. Appeals; how considered. 242. May continue hearing. 243. Assessor to extend taxes on rolls; duty of Controller; duty of Re ceiver; notice; warrants. SECTION 244. Powers of collectors. 245. Taxes a lien; delinquent taxes; no tice and sale of. 246. Sale for term of years; redemption. 247. Redemption. 248. Taxes paid; how recovered. 249. Interest on redemption. 250. Right to remove buildings. 251. Controller to execute conveyances. 252. When Controller to bid at sale; cer tificates; sale for special assess ments. 253. Conveyances prima facie evidence of regularity. 254. Assessment rolls for sewers, side walks, and paving; how collec ted. (~ 232.) SECTION 1. There shall be an assessor ap-Assessor; term of ofpointed by the the Common Council, upon the recommend- fiee ation of the Mayor,a who shall hold his office for the term of three years, and shall devote his whole time to the service of the city, in connection with the duties of his office, with power to appoint two assistants, and shall Co-mpensa. tion. receive such compensation as the Comlmon Council may determine. ( 233.) SEC. 2. The said Assessor or Assessors shall, Trimefortenthe a s s essmerit of property. between the first day of October, in each year, and the first day of April, in the succeeding year, assess all the real and personal property subject to assessment or taxation Office of ward assessor abolished. Section 55, ante. 133 CIdAPTER IX. CHA4RTER OF THE CITY OF DETROII'. CHAPTER IX. ASSESSMENT OF TAXES AND THEIR COLLECTION. by the laws of this State,b within the limits of each ward, Discrimina respectively, of said city; and the said Assessor or Asses tion b'tween the rural and built sors shall so discriminate in assessing said tax as not to portions of the city. the city. impose upon the rural portions those expenses which be long exclusively to the built portion of the city, for which purpose the Assessor or Assessors may, in his or their discretion, distinguish in their assessments what prop erties are within agricultural or rural portions not hav ing the benefit of highway, watering, watching and other expenditures for purposes exclusively belonging to the built and densely populated portions of the city; Propertyas-and all lands within said agricultural or rural districts, sessed as farm lands. exclusively used for the purposes of cultivation, pasture, meadow, woodland or farming, may, in the discretion of the Assessor, be assessed as farm lands at their cash value; Time to de- and said Assessor or Assessors shall, within the given liver assessment roll. period, make out and complete the assessment rolls, one for each ward respectively, in books to be provided for that purpose by the Comnion Council, and to be delivered to said Assessor on or before the first day of January Actionofas- in each year. The action of the Assessor or Assessors sessor subviewatlo. re-shall at all times be subject to the corrections and revi sions of the Board of Review and the Common Council of the city of Detroit, as provided for in the charter of the city. [As amend(ed by L]aws of 1867, Vol. II, p. 1114.] Assessors (~ 234.) SEC. 3. The Assessor, together with the and Aldermen to have powers of two Aldermen of each ward of the City of Detroit, supervisors. shall be, and are hereby vested with the powers and duties of Supervisors, as provided by the laws of this State, not inconsistent with the provisions of this chap ter, and said Assessor and Aldermen shall attend the See Section 70, ante. 134 CHARTER OF THE CITY OF DETROIT. 135 ASSESSMENT OF TAXES AND THEIR COLLECTION. CHAPTER IX. annual session of the Board of Supervisors of the County of Wayne, in October, and all other sessions thereof, and shall represent the interests of this corporation in said Board.c [As amnended by Laws of 1859, p. 342.] (~ 235.) SEC. 4. Itf any lot or lots shall lie partly Proeceedin's where lots, lie in two or in two or more wards, the same shall be assessed in morewards. the ward where the greater proportion of such lot or lots is situated, and the said Assessor shall describe all lands, tenements, and subdivisions thereof, subject to assessment or tax in said city, by referringt to the number and section of the lot, and the owner or occupant thereof, and if the number and section of any lot, or the owner thereof can not be ascertained, theni by such other sufficient description d as such Assessor may deem proper; and if, by mistake or otherwise, any person may be improperly designated as the owner of any lot, tenement, or premises, such assessment or tax shall not, for that cause be vitiated, but the same shall be a lien on such lot, tenement, or premises, and collected as in other cases. (~ 236.) SEC. 5. The Assessor shall have power and Assessor may demand authority to demand of every person owning or having list of own er or agent. charge, as agent or otherwise, of any property taxable in any ward, a list of such property, with such description as will enable him to assess the same,e which demand may be made in writing, and by delivering the same to such person, or by leaving the same at his place of residence, with some person of proper years and discretion, and if the person of whom such demand may be See Const., Art. X, Sec. 7. d See case of Young Men's Society vs. Mayor, etc.,'of Detroit, 3 Mich., 172. For effect of misdescription by the owner, see Hubbard vs winsor, 15 Mich., 146. CIIARTER OF THE CITY OF DETROIT. CHAPTER IX. ASSESSMENT OF TAXES AND THEIR COLLECTION. made, shall not, within ten days thereafter, deliver to such Assessor a list of the property in said ward be longing to him or her, or under his or her charge, with a correct description of the same, or if he shall omit any such property in the list delivered, said Assessor shall have power, and it shall be his duty, to assess such property, upon such knowledge or information, as may be satisfactory to him, at its cash value, and ac cording to his best judgment and discretion. Board of Re- (~ 237.) SEC. 6. A Board of Review shall, on the view; how appointed. nomination of the Mayor, be appointed by the Common Council. Said Board shall consist of three resident prop erty holders of said city, who shall hold their office for the term of three years, except that the three persons first appointed, which shall be immediately after this act shall take effect, shall hold their offices respectively for the term of one, two and three years, as shall be deter mined by lot, on the first meeting of said Board, and thereafter one member of said Board shall be appointed each year, for the term of three years, as hereinbefore Session of: provided. The session of the Board of Review shall be where held. held at the Assessor's office, in said city, and shall com nience on the first Alonday in April, in each year, and continue from day to day until all of said assessment rolls have been fillly and carefully reviewed, corrected, and approved, which shall be on or before the fifteenth Powers and day of May. The Board of Review shall have power, duties. and it shall be their duty, to equalize, alter, amend, and correct any assessment or valuation, and to place upon the assessment roll of the proper ward, any taxable prop erty, real or personal, not already assessed, held or owned by any person or persons, and to strike from said rolls 136 CHARTER OF THE CITY OF DETROIT. ASSESSMENT OF TAXES AND THEIR COLLECTION. any property, real or personal, wrongfully thereon, but no assessment shall be increased or made by said Board without notice to the person or persons affected thereby, either verbal, or personal, or written, or printed, and left at. the usual residence of such person, if a resident, and if a non - resident, by a publication in some daily newspaper published in said city. Any person considering himself aggrieved by reason of any assessment, may complain thereof, verbally or in writing, before the Board of Review, and on sufficient cause being shown by the affidavit of such person, or by other evidence, to the satisfaction of such Board, they shall review the assessment complained of, aid may alter or correct the same as to tlte person charged thereby, the property described therein, and the estimated value thereof. The concurrence of a majority of the Board shall be sufficient to decide any question of alteriong or correcting any assessment complained of. The Board, or a majority of them, having completed the review and correction of their assessment rolls, shall respectively sign and return the same to the Common Council. The members of said Board compensa tion. shall receive such compensation for their services as shall be prescribed by the Commion Council. [As amended by baws of 1861, p. 192.] (~ 238.) SEc. 7. At the meeting of the Board of BoardofRe view to have same power Review, as required by the preceding section, they shall as Board of Sup'rvisors. have the same power to review, correct, and equalize the assessment rolls of the several wards, which Supervisors now or hereafter may have, by law, to review, correct, and equalize the assessment rolls of townships in the respective counties of this State. 10 137 CHAPTER IX. CHARTER OF THE CITY OF -DETROIT. CHAPTER IX. ASSESSMENT OF TAXES AND THEIR COLLECTION. Notice to (~239.) SEC. 8. The City Clerk shall cause a notice ax payers. to the tax payers of said city to be published in the daily newspaper, published by the printer for the city, and in one other daily newspaper published in said city. for two weeks prior to the time of any meeting of the said Board of Review, stating the time and place of meeting of said Board, and the object for which it will meet, which notice shall be continued on each publication day of said papers, during the session of said Board. [As amnended by Laces of 1861, p. 193. ] Appeal to (~240.) SEC. 9. The Common Council, after the exCor mon Council. piration of said two weeks, or extended period in which the Board of Review are to sit, as above provided, for reviewing their assessment rolls, shall, at its next regular session, proceed to consider said assessment rolls, and any person aggrieved by the assessment of his property, and the decision of such Board of Review thereon, may ap peal to the Common Council at the said regular session. Every appeal shall be in writing, and shall state specially the grounds of the appeal, and the matter complained of, and no other matter shall be considered by the Council. While acting upon said assessment rolls, or ap peals, any member of said Board may meet with the Common Council, and make such explanations as they may deem requisite in any case. Com cim on (~ 241. ) SEC. 10. The Commlnon Council shall hear Council to hear appeals summarily. and determine all appeals in a summary manner, and correct any errors which they may discover in the as sessment rolls, and place thereon the names of any per sons and the descriptions of any property not already assessed, and assess the same, and may increase or diProviso. minish any assessment, as they may see fit: Pi,oviled, 138 CHARTER OF THE CITY OF DETROIT. ASSESSMENT OF TAXES AND THEIR COLLECTION. That they shall not increase any assessment of property without giving a reasonable opportunity to the persons owning or having charge of the same, if known, to appear and object thereto. (~ 242.) SEC. 11. The Common Council may continue Hearing ap peals may )5e1csont~inthe consideration of said assessment rolls, and the hear- eed.~tin ing of said appeals, from session to session, for a period not exceeding sixteen days after the time when they are to be first considered as above provided, and on or before the expiration of said period of sixteen days, they shall be fully and finally confirmed by the Common Council,f and shall remain as the basis of all taxes to be levied and collected in the City ot Detroit, according to property valuation until another assessment shall have been made and confirmed, as above provided for. (~ 243.) SEC. 12. After the assessment rolls shall Assessor to extend have been fully and finally confirmed, as provided in the taxes upon rolls. preceding section, it shall be the duty of the Assessor to cause the amount of all taxes, in dollars and cents, authorized to be assessed and collected in each year, to be rateably assessed to each person named, or lots described, upon and according to the aggregate valuation such person or lots shall have been assessed in said assessmient rolls or books, prepared for that purpose, to be known as the tax rolls for each ward, in separate columns, showing the amount of highway, sewer, school, and city taxes assessed to each person or lots in each year; and when said tax rolls shall have been completed, the Assessor shall deliver the same to the Con- DutvofCon. troller. troller, who shall cause the same to be delivered to the f See Section 459 as to State and County tax rolls. g See Section 527 as to school taxes. 139 CHAPTER IX. CHARTER OF THE CITY OF DET.ROIT. ASSESSMENT OF TAXES AND THEIR COLLECTION. Receiver of Taxes,n and take his receipt therefor, and charge him therewith. Upon the receipt of the tax rolls Duty of Re- by the Receiver of Taxes, as hereinbefore provided, the celver. taxes therein stated shall become due and payable, and the Receiver of Taxes shall forthwith, upon the recepNotice by. tion of said tax rolls, give six days' notice, by publica tion in two or more daily papers published in said city, and by posting the same in at least six public places in each ward, which notice shall be a sufficient demand for the payment of all taxes on said rolls;i that the general tax rolls have been deposited with him, and that payment of the taxes therein specified may be made to him, at any time before the thirtieth day of December thereafter; that no addition will be made to taxes paid rer centage before the first day of August, but that an addition of added. one per cent. of every unpaid tax will be made thereto on that day, and a like addition of one per cent. every thirtieth day thereafter, until such addition shall amount to six per cent. of such tax. Upon the receipt of any tax, the Receiver shall mark the same paid upon the proper roll, and give a receipt therefor. On the first day of January, next following the time when any tax shall become due and payable, the Receiver shall add to every such tax six per cent. of the amount thereof, as stated in the roll, and the amount of the tax, and of such additions as are hereinbefoire specified, shall thenceforth be the unpaid tax, and shall bear interest from that day, at the rate of twelve per cent. per an num, until paid, except as is herein otherwise provided. h Special assessment rolls to be delivered to Receiver of Taxes, Sec. 254. i Publication held to be sufficient notice. Williams vs. Mayor, etc. of the City of Detroit. 2 Mich., 560b. 140 CHAPTER IX. CHARTER OF THE CITY OF DETROIT. ASSESSMENT OF TAXES AND THEIR COLLECTION. On or before the fifteenth day of January, the Receiver shall make, in duplicate, a roll of the unpaid taxes of each ward; such roll shall be a substantial transcript of such portions of the original tax rolls as relate to the unpaid taxes, and shall exhibit the original, and in the last column, the augmented amount of every such tax. Immediately after completing such roll, he shall cause a Notice. notice to be published in five successive numbers of at least two daily newspapers published in said city, stating that said roll of unpaid taxes has been made, and that it will remain in his office, where such taxes may be paid, until the first day of February following, after which the property against which such taxes are assessed, shall be advertised and sold, as hereinafter provided. But the Receiver of Taxes, with the advice and consent of the Controller, on or after the first day of August in each year, may cause to be made out, copies of any taxes remaining due and unpaid on said tax or assessment rolls for each ward, and which are assessed wholly or partly against any property or value other than real estate, together with such per centage as shall have been fixed by the Common Council as compensation for the collection of such taxes or assessments, and to be stated in such rolls, and warrants i may be issued and annexed to each such tax or assessment roll, signed by the Controller, and under the cor- Warrants to Collectors. porate seal of the corporation, directed to the proper Ward Collector, or Collector of the city, as the case may be, and made returnable upon such day as shall Retrn. J When warrants may issue for collection of assessments for paving, etc., Section 2 141 CHAPTER IX. CHARTER OF THE CITY OF DETROIT. CHAPTER IX. ASSESSMENT OF TAXES AND THEIR COLLECTION. DutyofCol-have been designated by the Common Council, commandlectors. ing them to collect firom the persons named in their respective assessment rolls, the assessment or taxes there in specified and set forth as due fi'om such persons, and for such purpose, if necessary, to levy upon and sell the personal property of such person, occupant, or lessee, re fuising or neglecting to pay the same, wherever the same may be found, within the limits of said city, and to pay over and account for the taxes or assessments thus col lected, according to law. The Receiver of Taxes shall charge the amount of any such tax or assessment rolls, upon which warrants may be issued, to the Collectors of the proper ward, or of the city, as the case may be, warrants and shall take a receipt therefor. Warrants for the colmay be renewed. lection of taxes and assessments, may be renewed and extended, from time to time, by the Common Council; but the time for the payment of any general tax shall not be extended beyond the first day of January fol lowing the time when such tax shall have become due Duty of As- and payable. It shall be the duty of the Assessor to sessor as to State and County tax- make copies of said rolls, as finally confirmned by the es. Common Council, upon which he shall rateably assess the county and State taxes, as provided by the general laws of the State.k [ As a)ende)ed by Laws of 1861,p. 193. Powers of (~ 244.) SEC. 13. By virtue of said warrants, the Collectors. several Collectors,1 to whom they may be respectively directed, shall have power to levy upon the personal property of persons firom whom taxes may be due, or the personal property of the occupant or lessee of any k See Section 459 as to duty of Assessor relative to State and County taxes. Powers and duties of Colletors as to collection of school taxes, Sec. 528. 142 CHARTER OF THE CITY OF DETROIT. ASSESSMENT OF TAXES AND THEIR COLLECTION. land or lot on which the tax may have been assessed, wherever the same may be found, within the limits of said city, and shall sell the same in the same manner, and with the same duties and powers of proceeding, as now or hereafter may be provided by the laws of this State, for the collection of State and county taxes, by Township Treasurers or Collectors;m and all moneys thusCollectors to account collected, shall be paid over to the Receiver of Taxes toad Receivel and Receiv er to Treasand all moneys received by the Receiver of Taxes, shall urer. be paid over to the Treasurer of said city, as shall be prescribed by the Common Council. [As amended by Laws of 1861, p. 196.] (~ 245.) SEC. 14. Every assessment or tax lawfully Taxesaien on property. levied or imposed by the authority of the Common Council, on any lands, tenements, hereditaments, or premises whatsoever, in said city, shall be and remain a lien on such lands, tenements, hereditaments, or premises, from and after the time such taxes shall become due and payable as aforesaid; and the owner or occupants of, or parties in interest in said real estate, shall be liable to pay every such tax or assessment, and if there be a Delinquent taxes. default in paying the same, or any part thereof,n or if such person or persons be non - resident of said city, it shall be lawful for said Common Council to cause a no- Notice. tice to be published in the daily newspaper, published by the printer for the city, once a week, for four successive weeks, and posted in three or more public places in each ward, requiring the owners or occupants of, or m See Section 73, ante. See also Compiled Laws, section 821, et post. n Under this section it was held, that a part owner may pay so much of his tax as shall be proportioned to his interest. People vs. Treasurer of D)etroit, 8 Mich., 14. 143 CHAPTER IX. CIIARTER OF THE CITY OF DETROIT. CHAPTER IX. ASSESSMENT OF TAXES AND THEIR COLLECTION. parties in interest in such lands, tenements, hereditaments, or premises, to pay such assessment or tax, and that if default be made in making such payment, such real esSale at auc- tate will be sold at public auction, at a day and place tion. to be specified in said notice, for the lowest term of years at which any person shall offer to take the same, in consideration of advancing and paying such assess ment or tax, with the costs or charges in the premises. [As amended by Lawis of 1861, p. 196.] Sale of real (~ 246.) SEC. 15. If the owners or occupants of, or estate for taxes for term of parties in interest in such real estate, do not pay such years. assessments or taxes, with the costs and charges, within the period above prescribed for the publication of said notice, then the said Common Council shall have power, without any further notice, to cause such real estate to be sold at public auction for the lowest term of years at which any person shall offer to take the same, in consideration of advancing such assessment or tax, with the costs and charges, and to direct the execution of a proper certificate of such sale to the purchaser thereof; Redem'tion. and if such real estate shall not be redeemed within one year after such sale thereof,e as hereinafter provided, Controller the Controller shall, in the name of and for the City to execute deed of real estate for of Detroit, execute and deliver to such purchaser, or his terni of t e r ii o f ears. assignee, a proper deed for the conveyance of such real estate, for the term for which the samre was sold, which Deedpr, ma deed shall in all courts be primta facie evidence of the facie evideue 0t regularity of all the proceedings under which the sale regularity of I proce'dings. was made, and said deed was executed, up to - the date of the deed; P and any person who shall under such See Section 247. P See Section 253. 144 CHARTER OF THE CITY OF DETROIT. ASSESSMENT OF TAXES AND THEIR COLLECTION. deed enter into any such real estate, and erect or place any building or building materials thereon, shall have Purchaser may erect builTdings on the right at any time within three months after the ex- p r e mn ses sold and piration of said term, or in case he shall be ousted thyremsave within three before the expiration of such term, by any person claim-m'enpthsaftert of term. ing adversely to said deed, then within three months after trial, judgment of ouster or ejectment, to remove such building or building materials from said real estate.q (~ 247.) SEc. 16. When any lands, tenements and Redem'tion. hereditaminents shall be sold according to the foregoing People vs. Treasurer of Detroit, 8 provisions for the payment of any assessment or tax, as MiDetch.t,14. aforesaid, if the owners or occupants of or parties in interest in the same shall within one yearr after such sale deposit with the Treasurer of said city, for the use of the purchaser, the full amount of the assessment or tax for which such real estate was sold, and such interest as the Common Council shall prescribe, as hereinafter authorized, together with the amount of the costs and charges, then the term for which such real estate was sold shall cease and be determined at the time of making such deposit, subject, however, to the right of the purchaser, his heirs, executors, administrators, or assigns, to remove any building or building materials as hereinbefore provided. (~ 248.) SEC. 17. Any person in possession of any Taxes paid may be rereal estate at the time any tax is to be collected, shall poerseored whof ought to pay and othr prsaeet o the same i n elibeto pytetxipsdthereon, anincsaction of as suemnpsit. any other person, by agreement or otherwise, ought to q See Section 250. See Section 246. 145 CHAPTER IX. CHARTER OF THE CITY OF DETROIT. CHAPTER IX. ASSESSMENT OF TAXES AND THEIR COLLECTION. pay such tax or any part thereof, the person in possesPeople VS. sion who shall pay the same, may recover the amount City Treasurer of Detroit,8Mich.paid firom the person who ought to have paid the same, 14. in an action of assuinpsit, as for moneys paid out and expended for his use and benefit. Interest on redemption. (~ 249.) SEC. 18. The Common Council shall have power to charge interest at a rate not exceeding twen ty-five per cent. per annum, from the time of sale, on the amount of any assessment or tax, for the non-pay ment of which any lands, tenements or hereditaments may be sold, and upon the amount to be paid upon the redemption of ally such real estate and premises so sold. [As ame)ded by L(ws of ] 861, p. 197.] Right to re- (~ 250.) SEC. 19. Any person who shall at such sale move buildings. purchase, for a term of years, any lots, grounds or wharves, shall have the right to remove any building or building materials erected or deposited by, or belonging to him, and situated on said lots, grounds or wharves, at any time within three months after the expiration of the term or time for which the same were sold., Controller (~ 251.) SEC. 20. The Controller, or in his absence, or Mayor may execute conveyanc- the Mayor, may execute, in the name of the corporaes. tion, and under its corporate seal, proper conveyances or certificates of sale of all lands, tenements, or heredita menrits sold for assessments or taxes, which, when duly acknowledged and attested by the City Clerk, may be recorded as other conveyances of land under the laws of this State. Controller (r 252.) SEC. 21. It shall be the duty of the Contobid where no one offers to bid. troller, to bid in for the corporation, at ally sale of real See Section 246. 146 CHARTER -OF THE CITY OF DETROIT. ASSESSMENT OF TAXES AND THEIR COLLECTION. CHAPTER IX. estate for assessments or taxes, every lot of land or premises for which no person shall offer to bid; andl if any purchaser shall refuse or neglect to pay the sum or sums bid by him, within the time and under the regulations prescribed by the Common Council, such bid shall enure to the use and benefit of the corporation, if the Common Council so elect. Upon all such bids by the Cerstaliefates uf sale. Controller, and all bids as aforesaid, to the use and benefit of the corporation, conveyances and certificates of sale may be executed by the Controller to the corporation, acknowledged and attested by the City Clerk, and recorded in the same manner as provided in other cases of sale for assessment or taxes. But in all cases of Salesofspe cial assesssales for special assessments, the property so bid in forments' the corporation may, at the option of the Common Council, be held in trust for the person or contractor in whose behalf such assessment shall have been made, or his assignee, or upon payment to such person or contractor of the amount for which such property shall have been bid in, the city may, as in case of the general tax, become the owner of the tax title or lease thus obtained, and may dispose of the same as if obtained under a like sale for any general tax. [As amended by 1awst of 1861, p. 197.] (~ 253.) SEC. 22. All conveyances, certificates of sale Conveyance to be prima and leases of any lands, tenements or hereditaments, exe- f ce vicuted by the corporation, or any of its officers, by virtue of this act, shall be taken and received in all courts and proceedings as prima facie evidence of the regularity of the proceedings on which such conveyances, certificates of sale, lease, or any title claimed thereby, are founded.t t See Section 246. 147 4OHA.R?TR OF THE CITY OF DETROIT. CHAPTER IX. ASSESSMENT OP TAXES AND THEIR COLLECTION. Asslsss met (~ 254.) SEC. 23. Assessment rolls11 to defray the rolls for sewers, sidewalks and expense of constrlucting lateral sewers, side and crosswalks, paving. paving, grading, macadamizing, graveling or otherwise im proving streets, lanes or alleys, or for defraying the expense of any local improvements properly payable from the proceeds of special assessment, shall be placed in the hands of the Receiver of Taxes, for payment, as may be provided by ordinance or resolution of the Com mon Council, for the space of thirty days, after which Warrants. warrants for the collection of the same may be issued, and such proceedings for the collection thereof be had as are or shall be prescribed by law, or by any ordi nance or resolution of the Common Council, and sales of any real or personal estate for any unpaid assess ments, shall be made in like manner, and with like effect, as in case of sales for non- payment of the general tax.v [As added by Lctws of 1861, p. 198.] u These assessments to be made out by City Surveyor. Section 68. See Sections 245, et post. 148 CHARTER OF THE CItY OF DEYROI.7. FIRE DEPARTMENT. CHAPTER X. FIRE DEPARTMENT. a SECTION1 255. Council to buy engines. 256. To organize fire companies. 267. Chief engineer and assistants. 258. Fire wardens. 259. Powers and duties of companies and firemen. 260. Meeting of companies. 261. Powers and duties of wardens. 262. Exemption of firemen. 263. Powers of certain officers at fires. SECTION 264. Power to arrest. 265. Duties of officers at fires. 266. Present companies continued until disbanded. 267. Fire marshal to investigate cause of fires. 268. Testimony taken on investigation. 269. To make complaints. 270. Term of office; how removed. (~ 255.) SECTION 1. The Common Council shall pro- com mon Council to cure fire engines, hose, hooks, ladders and other appa- buyengine ratus and implements used for the extinguishmenet of fires, for each fire company, pay the expenses of keeping the same ill necessary repair, have charge and control of the same, and provide fit and secure engine houses and other places for keeping and preserving the same, and purchase any real estate for the erection of engine houses. ( 256.) SEC. 2. The Common Council shall have To organize fire comnpapower to organize engine, hook, hose, ladder, axe and nies. other fire companies, for the prevention and extinguish ment of fires, and to dissolve or disband the same,b to a This Chapter is entirely superseded by Laws of 1867, Vol. II, p. 931, establishing "A Fire Commission in the City of Detroit." See Part II, Chapter VI. As the latter act does not in terms purport to be any portion of'the Charter, the Compiler has thought it expedient to retain the original chapter as being an integral portion of the act of revision of 1857. b See 32d subdivision of Section 103, p. 62. 149 CjaAr,rzR x. CHARTER OF THE CITY OF DETROIT. CHAPTER X. FPIRE DEPARTMENT. appoint a competent number of able inhabitants of the City of Detroit firemen, to take the care and manage ment of engines, hose, ladders, and other apparatus and implements used and provided for the prevention and extinguishment of fires; to prescribe the duties and pow ers of firemen and fire companies, make rules and regu lations for their government, impose reasonable fines, pen alties and forfeitures upon them for a violation of the same, and to remove them for incapacity, neglect of duty or misconduct.c Chief and (~ 257.) SEC. 3. There shall be a chief engineer and assistant en- e gineers. gineers two or more assistant engineeris,d who shall be appointed by th.e Common Council, upon the nomination of the Mayor, and whose powers and duties shall be prescribed by said Council. [As ame)nded by Laws of 1864, page 23.] Fire War- (~ 258.) SEC. 4. The Mayor, members of the Conmdens. mon Council, Marshal and Deputy Marshals, by virtue of their offices, shall be Fire Wardens, and the Common Council may annually appoint one or more resident electors of each ward, Fire Wardens thereof, who shall hold office until removed, or their successors be appointed and qualified. Powers and (~ 259.) SEC. 5. Each fire company shall have power duties offire co mi p a nies andfiremen. to appoint its own officers, make by-laws and regula tions for its good government, not inconsistent with this act or the ordinances and regulations of the Common Council, and may impose and collect such fines for the non-attendance or neglect of duty of any of its This power is now vested in the Fire Commission, Section 443. d See Sectioni 435. 150 CHARTER OF THE CITY OF DETROIT. 151 CHAPTER X. members, as may be prescribed by the by - laws or retgulations of said company, and it shall be the duty of each fire company, subject to the control and regulations of the Common Council, to take the care and management of the fire engine, hose, hook, ladder and other fire apparatus and implements of such companly, to keep the same in good and perfect repair, and upon any fire alarm or breaking out of any fire within said city, it shall be the duty of each member of a fire company forthwith to repair to the engine house of such company and thence proceed, without delay, with its engine, hose or other fire apparatus and implements, to the place of such fi'e, and there use the same, and otherwise labor for the extinguishment of such fire, under the direction of the Chief Engineer or other officers present, who may be empowered by the Common Council to give orders and directions at a fire in relation to the extinguishment thereof. (~ 260. ) SEc. 6. It shall also be the duty of each fire Meetings of companies. company to assemble once in each month, or as often as may be directed by the Common Council, for the purpose of working and examining its engine, hose or other fire apparatus and implements, and putting and keeping them in perfect order and repair. (~ 261.) SEC. 7. Fire Wardens appointed for the Powers and duties of at al resonale tmes,Fire Wardseveral wards shall have power, at all reasonable timnes,Fire wa and it shall be their duty to enter into and examine all the dwelling houses, out houses, lots and yards in their respective wards; to ascertain how ashes are kept; to direct full obedience to all ordinances of the Common Council, relating to the prevention of firets, and to report e See 36th subdivision of section 103, page 63. FIRE DEPAP.T —,AE-NT. CHARTER OF THE CITY OF DETROIT. FIRE DEPARTMENT. to the Common Council all infractions thereof; and the Mayor, members of the Common Council, Marshal and Deputy Marshals, acting as Fire Wardens, shall have the same powers and perfbrm the same duties within the limits of said city which the appointed Fire Wardens may have and perform within the limits of their respec tive wards. offirxemptioen. (~ 262.) SEC. 8. Every person, while serving as fire man, or who shall have served as fireman in said city for a term of five yeais, shall be exempted from serving as a juror and firom doing militia duty, except in case of war, invasion or insurrection.' A certificate of such service, under the seal of the corporation, signed by the Mayor and Clerk of the city, or as prescribed in the act incorporating "The Fire Department of the City of De troit," approved February 14th, 1840, shall be, in all courts and places, evidence of such exemption. The En gineers, Assistant Engineers, Fire Wardens appointed for the several wards, and members of engine, hook, hose, ladder and other fire companies lawfully organized, shall be deemed firemen of said city within the meaning of this section. Powers of (~ 263.) SEC. 9. The Mayor, any member of the certain officers at fires. Common Council, Engineer or Fire Warden, may order all able - bodied persons present at a fire to assist and labor in the extinguishment thereof and in the preserva tion of property, and may also order all persons present at a fire, inot belonging to the Fire Department or not lawfully employed in its service or in the preservation f See Compiled Laws, sec. 1629, exempting Firemen from jury and militia duty. Also, sec. 438, post. 1-52 CHAPTER X. arr1est ol diiect the arreist alid teQIl()oril 1y collfiliement of any person at SiCli fir.e, wblo shall be intoxicated or disordeily. ('2u65.) SE('. 11. Upon the br-',t;king out of ally fi el' DuTtiesofof -ficors ipoil b rcaki, n withlin s:iu. city, the 3a'sla.l, DcT)puty 3:s:s, Consta- outoffir'es. Ible(s iand apl()lointedl Fiie \W-iardeins sllill ilnmetliately repair to the place of stich fi'e wvithl tlheir stayus, anid aid and assist iii extidngishingi such fi e, and in eoing, securin(-, pleserrvinig a(nd prex cent ing fi'omi beiing stolen, any goods or otiei pIropcrty exposed by reason of stieli fire, and shiall in all respects be obedient to tihe lawfil orders of the:Mayor, any memlber of the Common Couincil or Engl,ineer lresent.g ( 263. ) SleC. 12. Engille, hos, liook, lad(ler and Present fire (-oil! p:I I.i c 8 C'r1 0~ I115 i el sl otler fie e cofnl):es, iow oir,-tnized witlin tlhe cit y of'o,tl a~ solived or DTetroit. slaill hIe co2,tintied il tllil' ot e,'izatioli util (dibbllllded. dissolved or disbllded, aind the i)resellt firemen, fire enginceeis andl fire wardens of sUiT city aie lhereby coiltiiued in offlie until remiove d; )liut salid oml)ilies, firemeii l d F,i e engineicers shall, iii ill respects, ec g Sec 36th subdivision of section 133, p. 63. 11 CHARTER OF THE CITY OF DETROIT. FIRE DEPARTMENT. governed by this act in respect to their powers, duties, liabilities, term and tenure of office, and by the ordinances, rules and regulations of the Common Council made pur suant to the provisions of this act. Fire Mar- (~ 267.) SEC. 13. The Common Council may, on the shal. nomination of the Mayor, appoint a Fire Marshal,h whose duty it shall be to investigate the cause and origin of all fires which shall happen within the city, and for Powers. that purpose he shall have power to administer oaths, and examine witnesses touching such investigations. iHe shall have power to issue subpoenas requiring the attend ance of witnesses. Disobedience to such subpoenas shall render the witness liable to the same penalties as for like disobedience in courts of record. [As added by Laws of 1861, p. 198.] Testimony (l 268.) SEC. 14. The testimony taken on such intaken on investigation. vestigation shall be reduced to writing, and signed by the witness, when the Marshal shall proceed to determine, Cause of from the circumstances proved before him, the true cause fires. and origin of the fire, and reduce the same to writing, under his hand, and report the same, together with the testimony, to the Common Council. [As added by Laqws of 1861, p. 198.] compants. (~ 269.) SEc. 15. If in the course of such investicomplaints. gation, or at the close thereof, he shall have good rea son to believe that any person or pel-sons willfully set, or caused such fire to be set, he shall forthwith make complaint before some nmagistriate having jurisdiction in such cases, and cause the parties complained of to be apprehended. [As added by Lauws of 1861, p. 199.] h This office is abolished by section 441, and the powers and duties devolved upon the Fire Marshal, created by section 435. 154 CHAPTER X. CHARTER OF THE CITY OF DETROIT. FIRE DEPARTMENT. CHAPTER X. (~ 270.) SEC. 16. The term of the office of Fire Mar- Term of. shal shall be one year from the second Tuesday of January in each year, and until a successor shall be appointed and enter upon the duties of the office. He shall perform such other duties as the Common Council shall direct. He shall be subject to removal in the same man- Hdowremov. i ~~~~~~~~~~~~~ed. ner provided for the removal of other officers appointed by the Common Council. The person first appointed shall hold the office until the second Tuesday in January, 1862, subject to removal as aforesaid. [As added by Laws of 1861, p. 199.] '155 CH[ARTER OF THE CITY OF DETROIT. C/ISCI LLANEOUS PROVISIONS. CHIIAPTER XI. MISCELLANEOUS PROVISIONS. SECTION 271. New corporation to pay debts of old. 272. Rights vested in corporation. 273. Actions pending continued. 274. Mayor's Court continued until Re cordler's Court established. 275. Removal of Records. 276. Causes of action continued. p77. Certain acts not invalidated. 278. Ordinances to remain in force. 279. Inhabitants not incompetent as ju rors in certain cases. SECTION 280. Clerk's certificate to be conclusive evidence. 281. Records or certified copies presump tive evidence. 282. Proof of publication of ordinances. 28. Printed ordinances przma.facie evi dence of their enactment. 284. Perjury. 285. Charter a public act. 2S6. Act may be amended. New, corpo- ( 271. ) SECTION 1. The corporation created by this ration topay f debtso act, shall pay and dliselica ire all tlhe deb-ts, obligations, contracts, and liabilities of "The Mayor, Recorder, Alder men, and Freernen of the City of Detroit,"a and suits may be brounglit and pirosec(uited theteon, against said corploration, in law or equity,b to the same effect as they could )e broughlt and )prosecuted againist "The Mlayor, PRecorder, Aldermen, and Freei-len of the City of De troit,," if this a(Ct had not been l)asse(l. Rights vest- (~ 272.) SE (. 2. All pl-roperty, real, personal, and edi in corporation und'r this act. mixed, and riglht'ts of property, in law or in e(quity, and all debts, fines, penalties, fol-bfeitllres, rights, and causes of action, and all iights and powers not inconsistent a See Section 1, ante. b In Root vs. City of Ann Arbor, 3 Mich., 433, it was held, that Justices of the Peace had no jurisdiction against municipal corporations. So in Gurney vs. City of St. Clair, 11 Mich., 203. See Comp. Laws, Sec. 370.0. Section 1, a,lte, authorizes the Corporation to be sued in any "Court of Record, and in any other place whatsoever." 156 CHAPTER XI. CHARTEIR OF TI/Ef CITY OF DET7'fOI-T. IISCELLANEOUS PROVISIONS. with the provisions of this act, which belong, have accrued, olr maniy accrute to "The MIayor, Recorder, Aldermen, and FrIeelnen of the City of Detroit," or to the inhabitants of the City of Detroit, in their corporate capacity, shall be, and the same are hereby declared to be fillly and absolutely vested in the corporation created by this act, to be held subject to the provisions hereof, and may be prosecuted for, and recovered or claimed, asserted and inaintained by said colrporation, ill its own name, or in any other lawfill manner. (~ 2,3. ) SEC. 3. All writs, prosecutions, actions, and Acti o n s I 7 pendi'g con tinued. causes of action, now in suit, and( instituted or conmmenced, by or against " Thle MIayor Recorder, Aldermen, and Freeimen of the City of Detroit," shall conltinue, and may be prosecuted to the end thereof, to the same effeet as if this act had not been passed. (2 274.) SEC. 4. The Mayor's Court, of the City of MayorY cons court con tinued until Detroit, except as herein otherwise provided, shall con- Recorder's court organ ized. tinue, withl its powers and jurisdiction, as if this act had e not beei passed, until the organ-ization of the Recorder's Coiurt, under this act, and from and( after such organization, its powers and jurisdliction shall cease. ( 275.) SEC. 5. Oi the orffanization of the Record- Removal of i5.) SEC. 5. i the ~- records, etc. to Recorder's Court, all books, records, recogillizances, and papers, er's court. filed in or pertainiigr to the Mayor's Court of the City of Detroit and all piroceedings, commenced or cognizable therein,d shall be removed alnd transferred to, or commenced in said Recorder's Court, and proceeded with in ~ See Section 156 continuling Mayor's Court until organization of Recorder's Court. d See Sections 328, 519. 157 CHAPTER XI. CHARTER OF THE CITY OF DETROIT. CHAPTER XI. MISCELLANEOUS PROVISIONS. conformity with its powers and jurisdiction, to the same effect as if this act had not been passed. Cansesofac- (~ 276. ) SEC. 6. All causes of action, rights, and tion continued. ued. liabilities of individuals of the State, and of bodies cor porate, shall continue and remain, as if this act had not been passed, except of "The Mayor, Recorder, Aldermen, and Freemen of the City of Detroit," whose act of ill corporation is hereby repealed. Certain acts (~ 277.) SEC. 7. This act shall not invalidate any not invalidated. legal act done by "The Mayor, Recorder, Aldermen, and Freemen of the City of Detroit," or by the Commlnon Council, or any officer of said city, now or heretofore in office. Ordinance (~ 278.) SEC. 8. All ordinances, by-laws, regulations, to rem-ain in force. resolutions, and rules of the Common Council of the City of Detroit, now in force, and not inconsistent with this act, shall remain in force until altered, amended, or repealed by the Common Council, under this act, and after the same shall take effect. Inhabitants (~ 279.) SEC. 9. No person shall be an incompetent of Detroit not to be incompetent judge, justice of the peace, or other officer, witness, or as jurors, etc. juror, by reason of his being an inhabitant or freeholder in the City of Detroit, in any prosecution or proceeding in the Recorder's Court, in any action or proceeding in which the corporation shall be a party in interest, or in any judicial or other proceeding. Clerk's cer- (~ 280.) SEC. 10. The certificate of the Clerk, retificate to be con cilnsive qi by act, evidence. quired bythis ce th e day on which he may have presented any ordinance, resolution, or pro ceeding to the Mayor, for his approval or disapproval, See Section 90. 158 CHARTER OF THE CITY OF DETROIT. MISCELLANEOUS PROVISIONS. or a copy thereof, certified by such Clerk, under the seal of the corporation, shall, in all courts, places, and proceedings, be conclusive evidence of the facts therein stated. (~ 281.) SEC. 11. The record of any ordinance en- Recorda or c e rtified copies to be acted, and of the time of its first publication, made by presumptiv' evidence. the Clerk, as required in this act, or a copy thereof, certified by such Clerk, under the seal of the corporation, shall be presumptive evidence in all courts, places, and proceedings, of the due passage of such ordinance, of its having been duly published, and of the time of its first publication.f Copies of all other records and papers, duly filed in and pertaining, to the office of the Clerk, certified by him, under the seal of the corporation, shall be evidence in all courts and places, to the same effect as the originals would be, if produced.g (~ 282.) SEC. 12. Proof of the requisite publication Pr'ofofpub lication of of any ordinance, resolution, or other proceeding, required ordinances, -1 ~~~ etc. to be published in any newspaper, by the affidavit of a printer or publisher thereof, taken before any officer authorized to administer oaths and take affidavits, and duly filed with the Clerk of the city, or any other competent proof, shall, in all courts and places, be conclu sive evidence of the legal publication of such ordinance, resolution, or other proceeding. (~ 283.) SEC. 13. All ordinances and by-laws of the Common Council, printed and published by their author ity, shall, in all courts, places, and proceedings, be re ceived without further proof as prima facie evidence thereof, and of their legal enactment and publication. f See Section 92. See Comp. Laws. Sections 3196, 4311. 159 CHAPTER XI. CIIARITEPR OF TIIE CITY OF DETROIT. CIPISCELLANEOUS PEOVISIONS. Peijury. (~ 284. ) SEC. 14. Anyiv pecrson required to take any oath or affirmation, or to make any affidavit or state meut, uLnder oath or affirmation, under any provision of this act, who shall, under such oath or affirmation, in any such statement or affidavit, or otherwise, willfilly swear filsely as to any material matter, shall be guilty of )peljuIiy, a(nd may be prosecuted therefor, and, on con viction, punished, as ii the case of peljury under the general laws of this State.h Public act. (~ 28,5. ) SEC. 15. This act shall be deemed a public act, and shall be construed benignly and fi-vorably for any beneficial purpose therein intended. Thisaetmay (~ 286.) SEC. 16. Thiis act may at any time be albeamiended. tered or amended by the Legislature of this State. h See Section 45, ante. Also, Comp. Laws, sections 49, 123, 5820. 1I(G CHAPTEP XI. CfHl4RTER OF TIIE CITY OF DEJTROI7. ACTS CONTINUED AND REPEALED. CHAPTELR XII. ACTS CONTINUED AND REPEALED. SECTION 287. Acts continued in force. ( 287.) SECTION 1. The following acts and part of acts, being nowv in foi'ce, shall be continued, subject to this act, viz.: The act entitled "An Act to incorporate the Fire Depairtment of the City of Detroit," approved February 14th, 1840. The act entitledb "Al Act to amend the laws rela tive to supplying the City of Detroit with pure and wliolesoine water, and to provide for the completion and management of the Detroit Water Works," approved February 14th, 1853.1 The act entitled "An Act to authorize the Water Commissioners of the City of Detroit to loan money for the purpose of extending and improving the Water Works of said city," approved Fehruary 6th, 1855; d All acts and parts of acts relating to schools in the City of Detroit; e a See Section 442. b See Section 448, et post. See Part II, Chapter II. d See section 336. Section 337 embraces an act for a similar purpose. ~ See Part II, Chapter IX. 161 CHAPTER XII. SECTION 288. Acts repealed. CIIARTER OF THE CITY OF DETROIT. I. ACTS COFTINUED AND REPEALED. The act entitled "An act amending an to the registry of certain deeds, approved 1844," approved May 7th, 1846; f The act entitled "An Act relative to coe the City of Detroit," approved April 1st, 1E The act entitled "An Act to incorporate the City of Detroit Gas Company," approved March 14th, 1849, and all acts amendatory thereof.h Sections eight, nine, ten, eleven, and twelve, of chapter one hundred and three of the Revised Statutes of 1846, relating to the selection and return of jurors from said city, to serve in the Circuit Court for the County of Wayne;i Section forty - nine, of chapter thirty - five, of the Revised Statutes of 1845, relating to Boards of Health in cities and villages;j The act entitled "An Act to establish a Police Court in the City of Detroit," approved April 2d, 1850, and all acts and parts of acts amendatory thereof; k The act entitled "An Act to provide for draining certain low lands in the vicinity of Detroit," approved March 29th, 1849;l (~ 288.) SEc. 2. The following acts and parts of acts are hereby repealed, viz.: f See section 572. g See section 573. h See section 575, et post. i See section 560, et post. i See section 567. k See Part II, Chapter IV. See Part II, Chapter X. 262 CHAPTER XI act relative -Nfai-ch 9th, CHARTER OF THE CITY OF DETROIT. ACTS CONTINUED AND REPEALED. The act of the Legislative Council of the Territor of Miichigan, granting a charter of incorporation to "Th Mayor, Recorder, Aldermen, and Freemen of the City o Detroit," and entitled "An Act relative to the City o Detroit," approved April 4th, 1827,, and all acts an parts of acts amending or altering said act or charter and not hereby continued; and all other acts and part of acts relating to the City of Detroit, and not hereb continued, the subjects whereof are revised and re - en acted, in this act, or which are repurgnant to or incor sistent with the provisions of this act. 163 CHAPTER XII. CIIART'ER OF TH'E CIY'Y OF DETROIT. POLICE DEPARTMENT. CIIAPTEIR XIII.a POLICE DEPARTMENT.b SECTION 289). Police Commissioners; how ap pointed; term of office; powers, clerk of; compensation. 290. Power to subpoena witnesses on in vestigati-o01. 291. Who may suspend policemen; trial of; notice; penalty. 292. Chief of Police; how appointed; powers and duties. 293. Police Station. 294. Board power to appoint watchmen. 295. Additional policemen; how ap pointed. SECTION 296. Board to make rules and regulations. 297. Power to arrest without warrant. 298. Council may confer on Police Justice jurisdiction of offenses against ordinances. 299. Duty of Police Justice to attend station - houses. 300. Council may designate Justice of the Peace to act in case of sickness or absence of Police Justice. 301. Council may offer rewards. Board ofpo (~ 289.) SECTION 1. Tile Mayor and two other perlice commissioners. sons, w-ho shall be appointed by the Conmmon Council, shall constitute a Board of Police Commissioners for the Powers of. City of Detroit; such Board, or a majority of them, shall hav-e fill power to try and determine all conm plaints against the Chief of Police, or any policeman or watchman of the city, and to remove them, or any of them, summarily, on conviction for insubordination, neg lect of duty, or violation of any of the ordinances, or the rules and regulations made, or hereafter to be made, for the government of the Police Department of the Clerk of. city of Detroit. The City Clerk shall be the clerk of This chapter was added to the Charter as Chapter XIII, by Laws of 1861, p. 199. b The first nine sections of this act, and the amendatory sections of Laws of 1864, p. 20. are repealed by Section 38 of the Act to establish a Police Government of the City of Detroit. Laws of 1867, Vol. II, p. 99. See 375, post. 164 CHAPTERXIII. CHARTER OF THE CITY OF DETROIT. POLICE DEPARTMENT. said board, and shall keep its records. Said Commissioneris shall receive no compensation. The persons first ap- Terns of of. fice. pointed by the Common Council shall hold their office, one until the second Tuesday of January, A. D. eighteen hundred and sixty-five, and the other until the second Tuesday of January, eighteen hundred and sixty - seven. All persons subsequently appointed, save for the purpose of filling unexpired terms, shall hold office for the term of four years, and until their successors are appointed and qualified. Such Commissioners may be removed for Removal. the same causes, and upon the same proceedings, as a member of the Common Council. In case any vacanrlcy Vacancies. occurs, the Common Counc(il shall app)oint some person to fill the urnexlpiIed por'tion of the term. [As ctmenCle( by Latws of 1864, p. 20. ] (~ 290.) SEC. 2. Such Board, when convened for thle Power to s n1 b p ce n a purposes mentioned in the preceding section, shall be iw,ivest,igao, tion. vested with full power to subpoena witnesses, issue wariants to compel the attendance of witnesses, administer oaths, take and record testimony, and to do such other acts as may lawfully be done by any court, for the purpose mentioned in section one of this chlapter. (~ 291.) SEc. 3. The Mayor oi' Chief of Police may who mi-ry sulspe(-nd posuspend any Policeman from his office, on chlarge of mis- li(emen. conduct, until the trial and decision of the Board of Trialof. Police Commissioners shall be had. Notice in writing, Notice. that clhaiges ol accusations are made, or are to be presented before the Board of Police Commissioners, shall be given to such member or members of the Police Department as are accused of official misconduct, neglect of duty, or other offenses to be tried by said 13oard, at least twenty - fotur hours before such trial shall be had. 165 (JIIAPTER XIII. CHARTER OF THE CITY OF DETROIT. POLICE DEPARTMENT. Penalty. The Board may continue the suspension, remove the ac cused from office, or restore him to duty. Chief of p- (~ 292. ) SEC. 4. The Chief of Police, and all policelice and watchmen. men and watchmen, provided for in this act, save those mentioned in section six,c shall be appointed by the Common Council, on the nomination of the Board of Police Commissioners, and shall hold their office until rePowers of moved or suspended, as provided for in this act. The chief of police. Chief of Police shall, under said Board, be the chief Executive Officer of the Police Department; he shall have the same power conferred upon policemen by this act, and shall posess all the powers of the Police Justice of the city of Detroit, to entertain complaints for criminal offences, and to issue warrants for the arrest of persons charged with such offences, but such warrants shall be made returnable before the Police Justice of said city, at his office. He shall also have power to commit per sons charged with criminal offences, until examination Duties of. had before the Police Justice; he shall obey and cause the Police Department to obey the rules and regulations prescribed by the ordinances of the Common Council, and the rules and regulations prescribed by the Board of Police Commissioners, and shall perform such other duties as shall, firom timne to time, be prescribed by the CornPolicemen, mon Council. All policemen appointed under this act oath of. shall, before enterinig upon the duties of the office, make and file with the City Clerk the official oath provided for by section fifteen, of chapter two, of said charter. Powersof. After filing said official oath, the policemen so appointed shall have power to serve any summons, subpoena, warrant, See Section 294. 166. CHAPTER XIII. CIIARTER OF THE CITY OF DETROIT. POLICE DEPARTMENT. CiiAPTER XIIL order, notice, paper, or process whatever, issued or directed by any justice of the peace, judge, court, or officer whatever, in the execution of the laws of the State, for the prevention of crimes and the punishment of offenders, or of the police laws and regulations of the State or city, in any proceeding collateral to, or connected with, the execution of such general laws, or police laws and regulations. They shall have power to serve process for any violations of the city ordinances, and, geneirally, shall have and exercise the powers as conservators of the peace which township constables, under the general laws of the State, posse(ss, but such policemen shall have no power to serve any paper or process in any civil action, or any paper connected therewith. It shall be the duty of such policemen, or such DIties of policemen. of them as may be designated, upon the requirement of the Board or Chief of Police, to at once report themselves at any designated place in the city, and to enter upon and continue the performance of the active duties of their office, until the Common Council, said Board, or said Chief; notify the]n that they are no longer required to performi such active service; for the time engaged in Compensa tion~ of. such active service, each member so engaged shall be paid such sum as shall be recommended by the Board and approved by the Common Council: Provided, however, That if the Council does not approve the sum agreed upon by the Board, it may fix the amount of compensation at any sum not exceeding that agreed upon by the Board. Policemen shall receive no pay, save for the time when they are so engaged in active service, nor shall they be required to render any service save when called on as hereinbefore provided. [As4 amended by Laws of 1864, p. 21.] 167 CHAPTER XIIL. CHA4RTER OF TIHE CITY OF DETROII. POLICE DEPART3IENT. Police sta- ( 293.) SEC. 5. The Colnmon Collcil slall provide tion. suitable accommodation for thle Police, to be desicrgated "The Police Station." Board may 294. 6. Te i o d of Plie Co-iscall into ac- ) SEC. Te said od of Pic Comnisti-e service. all police- sioneis slhall have I)powel, eever, nll their jndgmnent, the safety or the intelrest of the city requlilre it, to or ganize and call into active sexrvice, directly or tlhionl(rh the Chief of Police, all or sucl( number of tile police men so app)oinited( as they dcleemi necessalry, and to dis mliss them, or any portion of them, fi-ori sich active Prov-iso. service as to them shlall seem prol)r'i Pi'ovi(le,(, hotw eves, Tlit w-heiiever it is (deeimcd expedient, the Com mon Council may require said board to increase or di minish the nuinmber of such men iln such active selrvice, and it shall be the duty of the B3oaird to comlly with watchimenl, sutlh requisition of the Council. Said Bo'ird slhall also powers of. have power to appoilnt wa,tcthineis, without (()m1)pensaItion, who shall possess the sanie powvei-s, as conlsei vato(-s of the peace, which township constables p)ossess lii(del:he general laws of the State. [ As amvee dlC by Lc((ts ()f 1864, p. 21.] Additional (~ 295.) SEC. 7. The Common Council, on the nomp ol icoiee; a~pi- ination of the Board of Police Coinmissioicis, wlien), in their opinion, it is necessariy for the preservation- of the peace and good order of the city, may -al)poinit atldli tional tenlmp)orary J.'olicemen, btilt such aI)poiltlent shall not continue beyonid forty - eir,ht hours, unless otherwise ordered by the Common Conicil. Board pow- (~ 296.) SEc. 8. The Boaird of Police Commissioners er to 111a'ke roles andad tsl(l ethi re ulatiiisshall have I)owe, and it siall be their duity, fromn time regulations. hper to time, to plresclribe the (duities, and make such rulIes and regulations for the inmana,geimelt and government of 168 CHAPTER XIII. CHARTER OF THE CITY OF )ETRORT. POLICE DEPARTMENT. the Police Department, as they shall think proper, not inconsistent with the provisions of this chapter, and the ordinances of the Common Council. (~ 297.) SEC. 9. Whenever any person or persons rowertartor rest without shall violate any of the ordinances of the city, relative wrrt. to breaches of the peace, any member of the police (departalent may, under general regulations, to be prescribed by the Board of Police Commissioners, and without process, arrest such person or persons, and take them before the Chief of Police, and make complaint, who is empowered to hold to bail or commit such person or persons, to appear before the Police Court, or the Recorder's Court. (~ 298.) SEC. 10. The Police Justice of the City of Councilmay give Police I)etroitd shall have jurisdiction to hear and determine Justice iju isdictiou/ of offenses such offenses for any violations of the city ordinances, ngnetorias the Common Council shall, by ordinance, prescribe.e All fines so imposed and collected by said Police Justice, shall be paid into the city treasury immediately after their collection. (l 299.) SEC. 11. It shall be the duty of the Po-Duty of Pc. lice Justice. lice Justice to attend the police station house at such times as shall be prescribed by the Common Council; To attend station houhe shall summarily examine into the case of every per- ses. son confined in said station house, and if he adjudge any person guilty of vagrancy, disorderly conduct, or any violation of the city ordinances, relative to breaches of the peace, he may convict such person or persons thereof, and commit him or her to the Wayne County d See "Act to establish a Police Court in the City of Detroit," approved April 2, 1850. Section 381, et post. e As to further jurisdiction, see sections 382, 383,.384. 12 169 CHAPTER XIII. CHARTER OF THE CITY OF DETROIT. CHAPTER XIII. POLICE DEPARTMENT. jail, or house of correction, for not more tlhan six months, and impose a fine not exceeding fifty dollars, and in default of the immediate payment thereof; to commit such person or persons to the Wayne County jail, or to the house of correction, for a term not exFines; to ceedingcr six m onths, or until such fine be paid. All whom paid. filnes imposed, shall be paid into the city treasury. He shall detain, for examination, all persons charged with offenses against the laws of the State, and not punish able under the ordinances of the city, as aforesaid, for Proviso. examination before the Police Court: Provi(e.,e(, Thle Common Council, at anlly regular meeting thereof, may desiognate any Justice of the Peace of the City of De troit, who shall have the power to performi the duties prescribed by this section; but ill case of the death, ab sence from the city, sickness, or other disability, the Police Justice shall perform said duties; said Police Jus tice, or Justice of the Peace, shall receive such com pensation for performing the duties required by this and the foregoing section, as the Comumon Council shall pre scribe, and the Police Justice, and the Justice of tlhe Peace, so designated, shall have exclusive jurisdiction in all cases properly cognizable by the Police Justice. Council to ( 300.) SEC. 12. The Common Council shall desigdesiznate Justice of tlhe Peace to nate, on the second Tuesdavy of January in each year, act in case of. sickness, etc., of Po- or at some regular mieeting thereof, one of the Justices lice Justice. of the Peace elected in said city, to act as Police Jus tice, in case of the death, sickness, absence, or other disability of the Police Justice; and the Justice so des ilgnated, shall, during such disability, or the continuance Power of of any vacancy in tl-he office of Police Justice, have cxJustice of lie Peace. clusive jurisdiction of all cases properly coguizable in the 170 CHARTER OF THE CITY OF DETROIT. POLICE DEPARTMENT. Police Cou-t of said city, and shall have, and may exercise the same powers as nmay be exercised by the Police Justice of said city; and the Justice so exercising compensa ~-tion. the duties of Police Justice, shall be paid such compensation as the Commnon Council shall direct - such compensation to be drawn firom the fund applicable to the payment of the Police Justice. Such designation nmayv Howapp'nt 1 I11ent 1s rebe revokled by the Commton Council, upoii the recom- vokedmendation of the M1ayor, and another Justice designated. The Justice first designated, under the above provision, shall hold his office until the second Tuesday of January, eighteei hundred and sixty -two. The Police Justice How Police Justice reof said city may be removed in the same manner and moved. for the same causes as Jutstices of the Peace. (~ 301.) SEc. 13. The Comnmon Council shall have Coun eil may offer power, by a vote of two - thirds of all the Aldermen rewards. elected, to authorize the Board of Police Commissioniers to offer a reward for the detection and aplprehension of any offender against the city ordinances, or of the perpetrator of any high crime or lnisdemeanor, committed within the city, to be paid on the conviction of such offender or criminal. 171 CHAPTER XIII. 0 H I i I i I ACTS OF TIHE LEGISLATU-RE RELATING TO THE CITY OF DETROIT. CHAPTER I. CORPORATE LIMITS OF THIE CITY OF DETROIT. SECTION SECTION 302. Boundaries. 305. Place of holding elections in Ninth 303Wards. and Tenth Wards; mode of con ducting elections. 304. Election of Aldermen and other 306. Appointment of persons to fill ward Ward Officers. ofices in Ninth and Trenth wards. 307. Act to take immediate effect. An Act to Enlarge the Corporate Limits of the City of Detroit. [App 4roved February 12th, 1857. Laws of 1857, p. 209. ] ( ~ 302.) SECTION 1. The People of the Stte, of Boundaries. -lYichiya~i enact, That from and after the passage of this act the following district of country shall constitute the City of Detroit, to wit: Beginning at the national bouLndarv line in Detroit River on the continuation of the dividing line between private claims numbered (21) twenty- one and (78) seventy - eight, as confirmed by the Board of Land Commissioners of the United States; thence northerly along said dividing line to the southerly line of tile Detroit, Monroe and Toledo Railroad; thence north-easterly along said line to the present western boundary of the City of Detroit; thence northerly along said boundary to the north-western corner of said ACTS OF THTE LEGISLATURE. CORPORATE LIMITS OF THE CITY. city; thence eastwardly along the present northerly boun dary line of said city to the north-east corner of pri vate claim number (14) fourteen, known as the St. Aubin farm; thence southerly along the line between said claim number (14) foburteen and private claim number (91) ninety - one, to a point where the northerly line of Le land street, when extended in a right line eastwardly fi'om the said city, would intersect the line between said claims; thence eastwardly at right angles with the side lines of said claims to the easterly line of private claims number (9) nine and (454) four hundred and fifty four; thence southerly along the line between private claims number (9) nine and (454) four hundred and fifty four and private claims number (11) eleven and (453) four hundred and fifty - three, being between the farms known as the McDougal and Chapoton farms, to the northerly line of the Fort Gratiot turnpike; thence north easterly along said northerly line of said turnpike to the easterly line of private claim number (15) fifteen thence southerly along the easterly line of said claim number (15) fifteen to said national boundary line; thence westwardly along said national boundary to the place of beginning. Wards. (3 303.) SEC. 2. So much of the above described district as lies below, or westward, of the present cor porate limits of said city, shall constitute one ward, to be known and designated as the ninth ward of said city; and so much of said district as lies above, or eastward, of the present corporate limits of said city, shall constitute one ward, to be known and designated as the tenth ward of said city. And from and after the time above fixed for the taking effect of this act, 176 CHAPTER I. A CTS 0OF TIlE LEGISLA 7 URE. CORPORATE LIMITS OF THE CITY. the said district hereby annexed to said city shall be subject to all laws, ordinances and regulations which shall at any time be in force over the reinainider of said city, and shall cease to be subject to the regulations or goveinment of any other township: Provi(le(d, That the Proviso. Common Council of the City of Detroit may at any time alter or divide the said wards in the manner provided by the Charter of said city for the regulationl or alteration of the present wards thereof. (~ 304.) SEC. 3. There shall be elected, at the next Election of Aldermen. ensuing charter election to be held in said city, two persons in each of said wards to serve as Aldermen, one in each ward to serve one year, and one in each ward to serve for two years, and the time of service for which each Alderman is elected shall be designated on the ballots cast for such officers respectively; and such other ward officers shall be elected at such elec- Other ward officers. tion, as are provided for the other wards of said city, and the terms of office of all such Aldermen and oftieers shall correspond with those of similar Aldernmen and officers in such other wards. (~ 305.) SEC. 4. The Com-nion Council of the City Place of hold'g charof Detroit may at any time before said charter election tnernienlehtiodn in ninth and tenth wards appoint the places fob holdingr the same in the said ninth nay be ap polint e db C o ucil. and tenth wards, and said election shall be conducted in like manner with those in the other wards of said city, except that, at eight o'clock in the forenoon of Modleofcon di'ct'g electhe day for holding said charter election, the electors of tiontlierein. said wards present at the place of holding the polls shall elect, viva voce, three of their own number to act See Section 2, p. 10. Also, Section 506. 177 CHAPTER I. ACTS OF THE LEGISLATURF. CORPORATE LIMITS OF THIE CITY. as inspectors of said election, who shall be sworn right fully to discharge the duties of such inspectors, (which oath either of them may administer to the others,) and who shall be the legal inspectors of said election, and said inspectors in each ward may appoint one or more electors of each of said wards to act as constables at and about the polls of such wards during said election day. Personsmay ( ~ 306. ) SEC. 5. The Common Council may appoint be appoint'd to fill ward offices. any persons to fill any office in either of said wards, which is provided for in the other wards of said city, (except that of Alderman,) and the officers so appointed shall continue to act, until their successors are elected at said charter election, and are duly qualified, and no longer. To take im- SEC. 6. This act shall take effect and be in force mediate effect. from and after its passage. 178 CHAPTER I. ACTS OF THE LECISLATUBE. BOARD OF WATER CORMMISSIONERS. CHAPTER II. BOARD OF WATER COMMISSIONERS. SECTION 307. Board of Commissioners created; Powers and seal of. 308. Term of office; Vacancies; how filled. 309. President and Secretary. 310. Power to borrow money; registry of bonds. 311. Duty to supply water. 312. May employ Superintendent; Com missioners to receive no compen sation. 313. May purchase land, etc. 314. May construct reservoirs and fount ains. 315. Assessment of water rates; Lien on property; By-laws. 316. Sale of property to pay water rates. 317. Record of proceedings. 318. Report to Common Council. 319. Surplus funds to be invested; pay: ment of bonds; new bonds; puLr chase of bonds, and canceling old bonds. 320. Oath of Commissioners. 321. Materials exempt from execution. 322. Commissioners may be removed; Vacancy; how filled. SECTION .323. Powe r to ente r on lands and water, to make survey s. 324. In case of disagreement, appraisers to be appointed. 325. Confirmation by Judge; Payment; Fee of property. 326. Where money to be deposited; City Treasurer to pay on draft. 327. Injuries to property; Pollution of water. 328. Penalty for boring pipe or connect ing logs without permission. 329. Power to extend pipes and build reservoir beyond city limits. 330. Report of Commissioners to Council as to interest; Council to raise same by tax. 331. Commissioners not to be interested in contracts. 332. Present works conveyed to Commis sioners. 3 33. Board may make by-laws, to be en tered in a book. 334. Acts repealed. 335. Act may be amended or repealed. 33(;. Board authorized to borrow money. 337. Same. An Act to amend the Laws relative to supplying the City of Detroit with pure and wholesome water. [Approved February 14, 1853. Laws of 1853, p. 180.] (~ 307.) SECTION 1. The People of the State ofNa-me aind style. Jichiyo'n enact, That Shubael Coinant, Henry Ledyard, Edmund A. Brush, William R. Noyes and James A. Van Dyke, be, and they are hereby named and consti tuted as a "Board of Water Commissioners of the City of Detroit;" who, and their successors in ofice, shalt 179 CIIAPTEP. 11. ACTS OF THE LEGISLATURE. BOARD OF WATER COMMISSIONERS. be known by the name and style of the "Board of Water Commissioners of the City of Detroit," a and by Powers. that name shall have power to contract, sue and be sued, to purchase, hold and convey personal and real Seal. estate, to have a common seal, to alter and change the same at pleasure, to make by-laws and ordinances, and do all legal acts which may be necessary and proper to carry out the effect, intent and object of this Act. Term of of ( ~ 308. ) SEC. 2. The said Commissioners shall hold rfice. their offices respectively for the term of three, four, five, six and seven years, from the first Tuesday in May, of the year one thousand eight hundred and fifty - three. Said Commissioners shall, within sixty days after the passage of this act, decide by lot their respective terms, which decision shall be notified by a written statement, to the Common Council of said city, which shall be entered of record on the books of the said Common Council; and at their first regular meeting in the month of April, in the year one thousand eight hundred and fifty - six, and annually thereafter, the said Common Coun cil shall elect and appoint a citizen of said city, being a qualified voter and a freeholder, as a Commissioner, w.ho shall hold his office for five years from the first Tuesday in the May next following: b Proviided, That this section shall not be so construed as to disqualify vacante-; any member of the said Board for re-appointment. And how filled. in case of the death or resignation, or removal from the city, of any of said Commissioners, the Common Coun cil shall, as soon thereafter as possible, appoint to fill a See Section 5, ante, b See Section 16, ante, 180 CHAPTER 11. ACTS OF THE LEGISLATURE. BOARD OF WATER COMMISSIONERS. CHAPTER II. such vacancy, for the remainder of the term, some citizen of said city, being a qualified voter and a freeholder. (~ 309.) SEC. 3. The said Commissioners shall choose President and Secretaone of their own number as President, who shall hold ry. his office until the first Tuesday of May next ensuing the date of his election; they shall also appoint some suitable person as Secretary, who shall hold his office at the pleasure of the Board. And in case of the death, resignation, or removal from the city of the President, the said Commissioners shall have power to fill the vacancy so happening as in the first instance. (~ 310.) SEC. 4. The said Commissioners shall have Power to loan money power to loan, from time to time, upon the best terms onbonds. they can make, after giving public notice by advertising in the city papers for sixty days, and in one paper in Boston and two in New York, for such time as they shall deem expedient, a sum of money not exceeding two hundred and fifty thousand dollars,e upon the credit of said city of Detroit, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds, which bonds shall issue under the seal of said Board of Commissioners, and shall be signed by them, or a majority of them, and bearing interest not exceeding eight per cent. per annium. And it shall be the duty of said Regidstry of bonds. Commissioners to cause to be kept an accurate register of all bonds issued by them, showing the number, date and amount of each bond, and to whom the same was issued; and it shall also be their duty to cause to be c Power to make additional loans is conferred by Sections 337, 338, post. 181 182 ARTS OF THE ~EOJ&LA TUllE CHAPTER II. BOARD OF WATER COMMISSIONERS. Copy fur- furnished to the auditor of said city a copy of such nished Auditor. register, as soon as the same is made, which shall be preserved by said Auditor, and copied into the records of said city.d Supply of (~ 311.) SEC. 5. It shall be the duty of said Comwater. missioners to examine and consider all matters relative to supplying the city of Detroit with a sufficient quan tity of pure and wholesome water, to be taken from the Detroit River, or such other source as may be deemed expedient, for the use of its inhabitants. ePower St- ( ~ 312. ) SEC. 6. Said Commissioners shall have power employ Su- perintendents, etc. to employ superintendents, clerks, collectors, assessors, en gineers, surveyors and such other persons as, ill their opinion, may be necessary to enable them to performl their duties under this act, and to specify the- duties of such persons so emlployed, and to fix their compensaCommissi'n- tion: Provi(id(7, That in no case shall said Commissioners not to ret've c Omlensation. e rs receive, directly or indirectly, any compensation for their own services. Power to (~ 313.) SEc. 7. Said Commissioners shall have powpurch ase land, etc. el, and it is hereby made their duty, as soon as may be, after the necessary funds shall have been procured, as herein provided, to purchase such land and materials, and to construct such reservoirs, buildings, machinery and fixtures, as shall be deemed necessary or desirable to furnish a fuill supply of water for public and private use in said city. Reservoirs, (~ 314. ) SEC. 8. Said Commissioners shall have power hi y (I r a n ts, jets, et. to construct reservoirs, jets, and fire hydrants, at suchl localities in said city as they may deem expedient and d See Sections 337, 338, post. 182 ACTS OF THE LEGISLATURE. ACTS OF THE LEGISLATURE. BOARD OF WATER COMIMISSIONEtI. necessary, and to lay pipes in and through all the alleys and streets of said city; and also to construct in such localities as they may deem expedient, not exceeding one to each block, hydrants, for public use, and to keep the same in repair; and also, with the consent of the Com- Fount'insin pub. squares mnon Council of said city, to construct fountains in the public squares, or such other public grounds of said city as they shall deemt expedient. (~ 315.) SEC. 9. Said Commissioners shall, from time Assessmn'tof water rates. to time, cause to be assessed the water rate to be paid by the owner or occupant of each house or other buildin( having or using water, upon such basis as they shall deem equitable; and such water rate shall become a con- Lreeinse on premises. tinuingl lien, until paid, upon such house or other building, and upon the lot or lots upon which such house or other building( is situated. (~ 316. ) SEC. 10. Said Commissioners shall have full Power to make bypower to make and enforce all necessary by-laws, rules laws. and regulations for the collection of said water rates, either by the appointment of collectors to demand the same, reqluiring payment at the office, shutting off the water, or by a suit at law before any court of competenlt jurisdiction, or by sale of the lot or premises upon Saleofprop erty for non payment of w1hich such rates shqall have T)ecome a lien: Providced, water rates. That such sales shall be conducted in the same mainner, and shall have the same force, virtue and effect of sales of lots delinquent for city taxes: - And( p)roti(id,'ur — tler, That the attempt to collect said rates by any process above mentioned shall not in any way invalidate the lien upon said lot or prenlises. See Section:'345, ante. 183 CHAPTER II. 184 ACTS OF THE LEGISLATURE. CHAPTER II. BOARD OP WATER COMMISSIONERS. Record of (~ 317.) SEC. 11. The said Commissioners shall cause proceedi'gs. to be kept an accurate record of all proceedings, together with a list of all assessments for water rates, which shall be subject to inspection at all times. Report to (~318.) SEc. 12. It shall he the duty of said ComCom. Council. inmissioners to make a report to the Common Council of said city annually, which report shall embrace a state ment of the condition and operation of the works, a statement of the funds and securities of said Board, and all debts due and owing to and from said Board, to gether with an accurate account of their expenses; which statement shall be certified by said Commissioners, and shall be entered of record by the Clerk of said city, and published in such manner as said Common Council may direct. funs r p I (~ 319.) SEC. 13. Whenever the receipts of said funds to be invested. invested Board, firom water rates, or other sources, shall accumu late so that there shall be a surplus, amounting to a sum of not less than five hundred dollars, not needed for the payment of the current expenses or the exten sion of said works, it shall be tile duty of the Commis sioners, together with the Auditor of said city, who shall be associated with them for that purpose, to invest the same in some safe stocks, or upon other real or personal securities. Such investment shall be made in the name of said Board, and in such mianner as to make the same available for the payment of interest and principal of Payment of the bonds issued as aforesaid, as soon as may be. It bonds and interest. interest- shall be the duty of saidl Comnmissionelrs to pay the in terest on such bonds, and as fast as such surplus fund will permit, also the principal, as the bonds become due, as funds for such purpose shall, from time to time, ACTS OF THE LEGISLA TUBRE. BOARD OF WATER COMMISSIONERS. CHAPTER II. accumulate. The said Comlmissioners may, when they bPurdchase of .bonds. have fiunds for that purpose, purchase the bonds so issued as aforesaid, whether the same have become due or not; and in case the said Commissioners shall at any time not have ftinds on hand sufficient to meet any of the said bonds at tle time when they shall become due, they shall have the right to issue new bonds, for such New bonds may be isamnount, and onl such timne as they shall deem expedient, sued. in the place of bonds so becoltinng due as aforesaid the said old bonds to be canceled in the registry thereof, Old bonds -n c a n- c e I e d and new and the said new bonds to be recorded iii the manner blonds regis tered. hereinlbefore provided. (~ 320. ) SEc. 14. Before enlltering upon the duties of OathofCom. inissioners. their office, said Commissioners shall each take and file w ith thec City Clerk an oath or affirmation,f similar to that provided in the case of other officers of said city. (~ 321.) SEc. 15. All materials procured, or partially Materals ,exempt, fr'm procured, under a contract withl the Commissioners, shall execution. be exemnl?t from execution; but it shlall be the duty of the Commissioners to pay the money due for such mnaterials, to the judgm,nent creditor of the contractor, under whose execution such material might otherwise have been sold, upon his produciing to them' due proof that his execution would have so attached, and such payment shall be held a valid payment on the contract. (~ 322.) SEc. 16. Any member of said Board of Com- Comsimissin ers mnay be missioners may at any time be removed, by a vote of removed. two- thirds of the members elect of the Common Council of said city, for sufficient cause, and the proceedings I For form of oath see Section 17, ante. 185 A ACTS OF THE LEGISLATURE. BOARD OF WATER COMMISSIONERS. Copy of in that behalf shall be entered on their journal: Procharges to be served. vi(~~ec, That the said Common Council shall previously cause a copy of the charges preferred against the Com missioners sought to be removed, and notice of the time and place of hearing the same, to be served on him ten days, at least, previous to the time so assigned; vacancy to and in case of such removal, the Common Council shall, be tilled. at their first regular mieeting, or as soon thereafter as may be, appoint some person, being a citizen and a free holder, to fill such vacancy, and the person so appointed to fill such vacancy may continue in office for the pe riod his predecessor had to serve. g Power toen- (~ 323.) SEC. 17. The said Commissioners and, under ter upon land or water. their direction, their agents, servants and workmen, are hereby authorized to enter upon any land or water, for the purpose of making surveys, and to agree with the owner of any property, which may be required for the purposes of this act, as to the amount of compensation to be )aid to said owner. In case of (~ 324.) SEC. 18. In cases of disagireement between disagreem't judge (f c'rt to appoint the Commissioners and the owner of any property which appraisers. may be required for the said purposes, or affected by any operation connected therewith, as to the amnounlt of compensation to be paid to such ownelr, or in case any such owner shall be an infant, a married woman, or in sane, or absent from this State, the Judge of the Cir cuit Court of Wayne County may, upon the application of either party, nominate and appoint three disinterested persons to examrine such property, and to estimate the g See Section 26, ante. 186 CHAPTER II. ACTS OF THE LEGISLATURE. BOARD OF WATER COMMIISSIONERS. value thereof, or damage sustained thereby, and to report thereon to the said court, without delay. (~ 325.) SEC. 19. Whenever such report shall have Confirmat'n by judge. been coifirmed by the Circuit Judge of Wayne County, the said Commissioners shall pay to the said owner, or Payment. to such person or persons as the court may direct, the sum mentioned in said report, in full compensation fobr the property so required, or for the damage sustained, as the case may be, and thereupon the said Comnmissioners shall become seized in fee of such property So Freeofprop erty. required, and shall be discharged from all claim by reason of any such damage. (~ 326.) SEC. 20. And in case of the refusal, by Payment, when rany owner or owners, person or persons, to receive such tobe depos ited. sums awarded to them, for property required, or damagres sustained, then the said Commissioners shall deposit with the City Treasurer the slims so awarded, subject to the draft of said owner or owners, person or persons; and thereupon the said Commissioners shall become seized in fee of such property, so required, and shall be discharged firom all claimrn by reason of any such damnage; and said City Treasurer shall keep strict account of all CityTreasu rer topa on draftpa sulims so deposited, and shall pay out the same on the drafts of the owner or owners, person or persons, to the credit of whom such moneys may have been deposited." ( 327.) SEC. 21. If any person shall willfully do, Injury to property or polluitiono or cause to be done, any act whereby any work, ma- wPater.on O terials, or property whatsoever, erected or used within the City of Detroit, or elsewhere, by the said Comrnmissioners, or by any person actingr under their authority, h See Section 185, ante, for similar provision relative to damages in opening streets. 187 CH,APTER II. ACTS OF TIIE LEGISLATUTRE.' BOARD OF WATER COMMISSIONERS. for the purpose of procuring or keeping a supply of water, shall, in any manner, be injured, or shall will fuilly pollute the water,i shall be deemed guilty of mis demeanor, and, upon conviction, shall be punished there for, as other misdemeanors are puinished. Penalty for ( 32S. ) SEC. 22 If any person shall, without the boring pipe or coorleeting l0li,S authtority of said Commissioners, as delegated through witiloit per any of their agents, perforate, or bore, or cause to be perforated or bored, any distribuLting, pipe, or main log, belonging to the water works of sai(I city, or make, or cause to be made, any connection or communication whatever with the said pipes or logs, every personi so offeniding shall, for each offense, forfeit a sum not ex ceelding fifty dollars and costs of prosecution, to be re covered in thle 5Iayor's Court of said city, or other court of competent jurisdiction. Powertoex- (~ 329.) SEC. 23. The said Commissioners, in their tend pipes ~tresesoir{ discretion, shall have power to extend the distiibuting bev-o~ld h111itof city. pipes and mains, and to construct reservoirs, hydrants, and jets, witlhout the limits of said city; and to regu late, protect, and control such poirtions of said water works, without the bounds of said city, in and after the same manner that thley regulate, protect, and control said works within said bounds. Commision- (~ 330.) SEC. 24. It shall be the duty of said Comers to report tCotmi,v,at missioners, at least thirty days before the timne fixed by sum may be requirted to the ordinance of said city for assessing city taxes, to payinter est, etc. make a special report to the Common Council of said city, what, if any suin, will be needed by said Com missioners, over and above the revenue of said board, to I See 5th subdivision of Section 103, p. 53. 188 CHAPTER II. ACTS OF THE LEGISLATURE. BOARD OF WATER COMMXISSIONERS. meet thie payment of interest or principal of the bonds i s sue d as aforesaid; and it lshall be the duty of the corn. Coun cil to raise Common Council to raise said amount by a special tax, sulm by tax. ill the same manner as general taxes, to be designated a water tax; and the said amount shall be paid over to said Board by the Treasurer of said city. (~ 331.) SEC. 25. No one or more of the said CoM- Com'ission ers not to be missioners shall be interested, either directly or indirect- intlreatedio pur(chases of ly, in any contract entered into by them, with any other rnaterials. person; nor shall they be interested, either directly or indirectly, in the purchase of any material to be used or applied in and about the uses and purposes contemplated by this act. (~ 332. ) SEC. 26. All lands, lots, docks, buildints ls, a- Iands, ete., of present chinery, pipes, logs, hydrants, and all fixtuLres whatsoever,,vrckcn o?n. -. ~~~~~~~~~~~~~~~~~~~~~veyed to thie Board of purchased, designated, or used for the present water works Con'tssion of the said City of Detroit, are hereby conveyed to and vested in said Board of Coimmissioners, who shall have full power to regulate, protect, and control the same; and all the authority, rights, and power heretofore exercised and had by said city, over said works, are hereby continued to and vested in said Board of Comnmissioners. (~ 333.) SEC. 27. The said Commissioners are here- Power to m ake by by invested wit,h full power to make and enforce suchlaws'etc. by-laws, regulations, and ordinances as may be necessa ry to carry into effect the object and intent of this act, and to supply any power or miode not already specified thelein, and shall cause all such by-laws, regiulations, Bylaws,et. to be enter'd and ordinances to be entered into a book to be kept inabook. for that purpose, and signed by the President and Secre tary, which, when so entered and signed, shall be evi deuce in any court of justice. 189 CHAPTER II. ACTS OF THE LEGISLA TURE. BOARD OF WATER COMiISSIONERS. Acts repeal- ( l 334. ) SEC. 28. All acts, or parts of acts, contraed. vyeilig the provisions of this act, are hereby repealed. Act amend- (, 335. ) SEC. 29. This Iact ilaiy at ally time be al teed, realed, or anded. .tered, repealed, or amended. An Act to authorize the Water Commissioners of the City of De troit to loan money for the purpose of extending and improving the Water Works of said City. [Approved February 6, 1855. Laws of 1855, p. 31.] ( ~ 336. ) SECTION 1.']e Peo)ple of the A-ckte of Xic/iiqya ene(ct, That the Board of Water Commissioners of the City of Detroit shall have power to loan, upon the best terms they can make, and for such time as they shall deem expedient, a sum of money not exceeding two hundred and fifty thousand dollars, upon the credit of said City of Detroit, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds; which bonds shall issue under the seal of said Board of Coimmissioners, and shall be signed by them, or a majority of themi, and bearing interest not exceeding eight per cent. per annum. And it shall be the duty of said Commissioners to cause to be kept an accurate register of all bonds issued by them, showing the number, date, and amount of each bond, and to whom the same was issued; and it shall also be their duty to cause to be furnished to the Auditor of said city a copy of such register, as soon as the same is 190 CHAPTER II. ACTS OF THE LEGISLATURE. BOARD OF WATER COMMISSIONERS. mrade, which shall be preserved by said Auditor, and copied into the record of said city. And the said sum of money shall be expended by said Commissioners solely for the purpose of extending and improving the Water Works of the City of Detroit. This act shall take effect immediately. An act to authorize the Water Commissioners of the City of De troit to borrow money for the purpose of extending and improving the Water Works of said City. [ Apnroved February 10, 1857. Laws of 1857, p. 200. ] ( 33.) SECTIOx 1. The Peopgle of the State of Board of Water Conlc,icjia)?, e)act, That the Board of Water Commissioners ill'ISSbonerrs% 9 in~~~~~~~~~~~~~~~ay borrow money. of the City of Detroit shall have power to borrow, uponC the best temns they can make, and for such time as they shall deem expedient, a sum of money not exceedincg two hundred and fifty thousand dollars, upon the credit of said City of Detroit, and shall have authority to issue bonds, pledging the faith and credit of said city for the payment of the principal and interest of said bonds; whlich bonds shall issue under the seal of said Board of Commissioners, and shiall be signed by them, or a majority of them, and bearing interest not exceeding eight per cent. per annum; and it shall be the duty of said Commissioners to cause to be kept an accurate rcegister of all bonds issued by them, showing the number, date, and amount of eachi bond, and to whom the same was issued; and it shall also be their 191 CHAPTER II. ACTS OF THE LEGISLATURE. BOARD OF WATER COMMISSIONERS. duty to cause to be fill-ished to the Controller of said city a copy of such lregister, as soon as the same is made, which shall be preserved by said Auditor,? and Money, how copied into the records of said city; and the said sum expended. of money shall be expended by said Coimissionceis solely for the purpose of extending and iliprovilig the Water Proviso. Works of the City of Detroit:.Provided(, That the said Board of Commissioners shall not contract said loan un til they are authorized and empow-ered so to do by the Common Council of the City of Detroit. This act shall take effect and be in force fioml and after its passage. i Under Law of 1855, p. 31, the copy of the register was to be furnished to, and preserved by, the Auditor. See Section 336. 192 CHAPTER II. ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. CHAPTER III. POLICE DEPARTMENT. SECTION 338. Police powers vested in the Board. 339. Commissioners named. 340. Term of office; vacancies. 341. Oath of office; certificate of appoint menit. 342. Powers of the Board. 343. Officers of the Board. 344. Board to have control of Police force. 345. Board to preserve the peace, etc.; to appoint sealer of weights and measures; his powers. When auditors to allow accounts for pursuit of criminals; arrest of crilninals. 346. Qualification of Police force; remov als, salaries of officers and P o licemeni; presents, fees, etc. 347. Complaints against Officers and Po licemen; costs; how taxed and collected. 348. Police insurance fund. 349. Expense during disability; how e paid. 350. Powers of Police force; expense of serving warrant; service of pro CC'S. 351. Gamblingi houses; persons found therein. 352. Police precincts; Stations. 353. Special Policemen; pay and powers of. 354. Patrolmen for private service; pow ers and duties of. 355. Resignations; persons removed not to be re - appointed. 356. Stolen property; record and inven tory of; Proceedings, when claimed; when unclaimed; com plaint book; registry of lost property; Record of police force; of Board. SECTION 357. Station houses; Proceedings of arrest; accommodations for wit nesses; special bail. 358. Expenses of Department; how paid. 359. Estimhate of expe nses; Police Fund. 860. How money paid from fund. 361. Restriction of expenses of Board. Books of Board to be o p en to Mayor. 362. Board to enforce city ordinances; may issue subpoena; administer oathls; atta chment of witnesses. 33;3. Bond and oath of office. 364. Report of Superintendent. 365. Officers not liable to jury duty. 3(66. Certain acts made misdemeanors. 367. Remioval of Commissioners. 368. When vacancies may be declared. 369. Tax for expenses. 3,0. Deputy Superintendent. 371. Policemen not to enter saloons, etc. 372. Service of criminal process. 373. Office of City Marshal abolished. 374. Bail in cases of commitment to House of Correction; when for feited; failure of sureties to appear. 375. Repeal of certain acts; notice of organization. 376. When act to go into force. 377. Persons without trade or occupa tioln; how dealt with; burglars tools; tools to be destroyed. 378S. Offences not cognizable by Police Court. 379. Who to take bail. 380. Act to go into immediate effect. An Act to establish a Police Government for the City of Detroit. [Approved February 24, 1865. Laws of 1865, p. 99. ] Xichigcn en)act, That all powers and duties connected 193 CHAPTER 111. Police pow' ers,in whom vested. ACTS OF TIIE LEGISLATURE. CHAPTER III. POLICE DEPARTMENT. with and incident to the Police Government and dis cipline of the city of Detroit shall be, as hereinafter more especially provided, vested in and exercised by a Board of Metropolitan Police, composed of four Commis sioiners of Metropolitan Police, and by a Superintendent of Metropolitan police, one or more Captains of MAetro politan Police, Sergeants of Metropolitan Police, and Pa trolmen of Metropolitan Police. A majority of said board shall constitute a quorum for the transaction of business. Com'ission- (~ 339.) SEC. 2. There are hereby appointed, as such ers. Commissioners of Mletropolitan Police, Jacob S. Farrand, to hold office until the first day of February, one thou sand eight hundred and seventy - three; Lorenzo M. Ma son, to hold office until the first day of February, one thousand eight hundred and seventy-one; John J. Bag cley, to hold office until the first day of February, one thousand eight hundred and sixty-nine; Alexander Lewis, to hold office until the first day of February, one thou sand eight hundred and sixty - seven, and until their successors are chosen and qualified. Term of of- (~ 340.) SEC. 3. The term of office of each Conmfice of coilimissioners missioner of Metropolitan Police, after the respective de terminations of the terms aforesaid, shall be eight years, and the Governor shall nominate, and by and with the advice and consent of the Senate, shall appoint fiom the citizens of Detroit, who shall be fireeholders, a successor to the person whose term shall be about to expire as Vacancies. such commissioner. Any vacancy occurring during the term of any Commissioner shall be filled by appoint ment of the Governor, and the Commissioner so ap pointed shall continue in office until his successor shall be appointed in manner aforesaid. 194 ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. (~ 341. ) SE(c. 4. The persons severally al)pointed Com- Oath of of lace. missioners of IMetropolitan Police by virtue of this act shall, before exercising the diuties thereof, duily take, and file in the office of the Secretary of State, the oath of office prescribed for State officers.a Immediately upon re- Certificate of appointceiving said oath of office, the Secretary of State shall ient. give to each Commissioner a certificate of his appointment, whereupon he shall possess the power, and exercise the duties, of Commissioner of Metropolitan Police prescribed by this act. ( 342.) SEC. 5. The said Board of Metropolitan Po- 11ow-ders of board. lice shall have power to appoint a superintendent of tile police force, a captain of police, one or more officers to be called and act as detectives, one captain in addition for each fifty patrolmen called into service, more than the first fifty, four sergeants of police, an attorney, sur geon, one or more roiindsmen, doormen, janitors, and fifty or more patrolmen, who shall receive compensation, (provided the total number of patrolmen so appointed shlall not exceed one hundrecd,) and as many patrolmen with or without compensation, in time of special emerg ency, or apprehended danger from riot, or other cause of alarm, as they shall deem expedient. Said Board shall also have power, for cause assigned on a public hearing, and on due notice, according to rules to be promulgated by them, to remove, or suspend from office, or for a definite time deprive of pay any member of such police force, (except that detectives, the attorney and surgeon, may be dismissed at any time by said a For form of oath see Constitutionl, Art. XVIII, Sec. 1. See also, Compiled Laws, Section 281. / 195 CHAPTER III. ACTS OF THE LEGISLATURE. POLICE DEPARTMEN,T. board,) to make rules and regtulations for the discipline and government of said force, and shall cause the same to be published, and to mnake and promulgate general and special orders to said force, throughl the Superin tendenlt of Police, who shall be the executive hlead of the force. [As ameided( by L(aws of 1867, Tol. II, p. 265.] Officers of. (~ 343.) SEC. 6. Thie said Board shall appoint one of their own number to act as President, and some per son not a member of the Board to act as Secretary and Property Clerk,b who shall give bonds to said Board in anl amount and with sureties to be approved by said Board, conditioned for the safe keeping by him, and his rendition upon the order of the Board, of all money and other property whichl slall come into his hands by virtue of his office; and he shall receive such compen sation annually as may be determined by said Board, and hold his office at the pleasure of said Board. [ A8s aezled by Laces of 1867, Tgol. II, p. 266.] Tohavecon- (~ 344.) SEC. 7. Said Board shall assnume and exertrol of poliecforce,etc. cise the entire control of the police force of said city, and shall possess full power and authority over the po lice organization, government, appointments and discipline within said city. It shall have the custody and control of all public property, books, records and equipments be longing to the Police Department, and shall have power to erect and maintain all such lines of telegraph in such places within the said city as for purposes of police the Board shall deem necessary, whenever the Common Coun cil shall authorize the establishment of such telegraph line or lines, and provide for the cost thereof. b For duties of Property Clerk, see Section 356, post. 196 CHAPTER 111. ACTS OF THE LEGISLATURE. POLICE DEPARTMEENT. ( 345. ) SEC. 8. It shall be the duty of the Board Thopresebrle the pbi of Police, and of the force hereby constituted, at all peace, etc. timnes of the dlay and night, within the boundaries of said city of Detroit, to preserve the publiic peace, to prevent crime, and arrest offenders, to protect ri(ghts of person and property, to guard the plublic healtll, to preserve order, to enforce all laws of the State, and all ordinances of the said city, relative to inspecti(ng and sealing wveights and measures; to designate, at any time Sealer of weights and of the year, and as often as they shall deem necessary, measures. a miember of the force to perform the duties of sealer of weights and measures in said city; and the person Powers of. so designated shall have the exclusive power to perform said duties in said city, and shall, during the time he is directed by said Board to perform said duties, try, prove and seal all scales, beams, weights and measures, used in saidct city for the purpose of buying and selling, wvithont giving any notice, as is now required by law:~ Provi(ded(, The person so desiognated shall neither receive Proviso. nor charge compensation or fee for performing said duties; to collect all license moneys under the laws of the State, the charter and ordinances of said city, and to account for and pay the same to the person authorized by law to receive them; to designate, fiom time to time, a member of the force to collect saidcl license money; and the person so designated shall have exclusive power to collect said moneys in said city; to audit and allow all bills for traveling expenses incurred in the pursuit of criminals by members of the force, and to present the See Section 4, p. 12. Also, 51st, 53d anid 54tlh subdivisions of section 103, pp. 6i, 68. 197 CHAPTER III. ACTS OF THE LEGISLATURE. CHAPTER III. POLICE DEPARTMENT. same to the Board of County Auditors of Wayne County for payment, in all cases where the criminals are charged WhenBoard with offenses committed in said city; and the said Board of Auditors to allow ac countst forf of Auditors shall in no case allow, or cause to be paid pursuit of criminals. riminals by said county, any bill or account for the pursuit or apprehension of criminals charged with or suspected of the commission of crime in said city, unless the said bill or account is presented by said Board of Police, and endorsed as allowed by the president and secretary thereof; to remove nuisances existing in public streets, roads, places and highways; d to report all leaks and defects in water - pipes and sewers to the proper author ities; to provide a proper force at every public fire, in order that thereby the firemen may be protected in the performance of their duties, and property preserved for thle owners thereof; to plotect strangers and travelers at steamboat and ship landlings, and railway stations, and generally to carry out and enforce all ordinances of the Arest s.of city and laws of the State. Whenever any crime shall criminals. be committed in said said city, and the person or per sons accused, or suspected of being guilty, shall flee from justice, the said Board of Police may, at their dis cretion, authorize any person or persons to pursue andI arrest such accused or suspected person or persons, and return them to the proper court, havino jurisdiction of the offense for trial. [ As men tded b,y La(ws of 1867, Vol. II, p. 267.] Qualifleat'ns ( 346.) SEC. 9. The qualifieation, enumeration and of police force. distribution of duties, mnode of trial and removal firom office of each officer and memlber of said police force, d See 28th subdivision of section 103, p. 60. 198 ACTS OF THE LEGISLATURE. POLICE DEPARTMIENT. shall be particularly defined and prescribed by rules and regulations of the board of police; and no person shall be appointed to or hold office in the police force who is not a citizen of the State of Michigan, shall not have resided in said State two years next preceding his appointment, who cannot read and write the English language, and who has ever been convicted of any crime: Ag)el provide(l, That no person (except the surgeon, at- Proviso. torney, detectives and secretary and property clerk) shall Removals. be removed from said force, except upon written charg(es preferred against him to the Board of Police, and after opportunity of being heard in his defense; but the Board of Police may suspend any member of the force pending the hearing of charges against him: Andc pro- Proviso. vi(le(, Whenever any vacancy shall occur in the office of captain of police, the same shall be filled fiom among the persons then in office as sergeants of police, and a like vacancy in the office of sergeant of police, shall be filled firom among the persons then in office as police patrolmen. The Police Commissioners shall receive nio Salaries. compensation whatever for their services duriing, their Com'ission ers. term of office. The Superintendent of Police shall re- Superinten dent. ceive a salary not exceeding two thousand dollars per aninum. Each captain shall receive a salary not exceed- Captain. ing twelve hundred dollars per annumn; and each ser- Sergeant. geant a salary not exceeding one thousand dollars per aninum; and each patrolman a salary not to exceed Patrolmen. nine hundred dollars per annum. All salaries shall be prescribed by the Board of Police, and shall be paid monthly to the person entitled thereto. The compensation to be paid to all other officers, appointees and einmployees of the force shall be determined by the said 199 CJIAPTER III. ACTS OF tHE LEGISLATURE. POLICE DEPARTMENT. Presents, Board. No member of the Board of Police or of the fees, etc. police force shall receive or share in, under any preten ses whatever, any present, fee, gift or emolument for police service, other than the regular salary and pay provided by this section, except by the unanimous con sent of said Board; and it shall be the duty of every member of said Board, or of the police force, to return to the property clerk (to be disposed of as hereinafter prescribed), every present, fee, gift or emolument received by him, with the consent of the Board(, except said Board permits him to retain the same for his ownl use; and all moneys and proceeds of all property received from this source shall be disposed of by said Board as if the same had been paid or given for extra or ordin ary services, as prescribed in the eleventh section of this act. Nor shall any member of said force receive or share in any fee, gift or reward from any person who may become bail for the appearance of any arrested, accused or convicted person, or who may become surety for any such person on appeal from the judgment or Nottointer- decision of any court or magistrate; or any fee, gift or fere in ncmp:oyent of reward, in any case, from any attorney at law who may attorney. prosecute or defend any person arrested or prosecuted for any offense within the county of Wayne; nor shall any member, either directly or indirectly, interest him self or interfere in any manner whatever in the employ ment or retainer of any attorney, to aid in the defense of persons arrested or accused; and for any violation of either of the foregoing provisiolls, the member so offending shall be immediately removed firom office. [As acmecn(lec( by -acews of 1867, Eol. II, p. 2268.] Complaints ( 347.) SEc. 10. Any citizen of D)etroit with a against officers ana~d p,-view to the trial and suspension, or removal from ofiic, 200 CHAPTER III. ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. of any officer or patrolman of the police force may, on oath, in writing, prefer or make before the Board charges or complaint touching the character and competency, or affecting the acts, conduct or omission of such officer or policeman, or for violation of, or misconduct, as defined or prescribed by the rules and regulations of the Board; and said Board, after reasonable notice, in the Trial. discretion of the Board, to the person charged, shall proceed to the trial of said officer or policeman, on such charges or complaint, and shall have power to, anid shall issue subpoenas,- tested in the name of the President of the Board, to compel the attendance of witnesses, to administer oaths and affirmations, and generally shall, for the purposes of such trial, have and exercise the powers and duties of justices of the peace in civil cases, so far as the same are applicable, and may make an order of removal or suspension for some certain period. If, on Costs. such trial, said charges or complaint shall be sustained, such officer or policeman shall pay the costs of such proceedings, and the same may be deducted and withheld from his pay, and in case of his suspension, his pay shall also cease firom the date of the charge, and during the period of suspension. In trials under this How laxed and collect ed. section the same costs shall be charged and taxed as in trials before justices, and be collected on execution, as the case may be, from the court, or on execution to be issued by any Justice of the Peace, on certificate of the same by the Board, and order for execution, said costs, when collected, to be paid to the Treasurer of the Board, for the benefit of those concerued i but the said Board e See Section 362, post, 14 201 CHAPTER III. ACTS OF THE LEGISLATURE. CHAPTER I1I. POLICE DEPARTMENT. shall not tax or receive any fees for themselves, or for any member thereof. Police life aPnlid healfh (~ 348. ) Sic. 11. All rewards, fees, proceeds of gifts insurance fund. and emoluments, that may be allowed by the Board of Police to be paid and given for or on account of ex traordinary services of any member of the police force, and all moneys arising from the sale of unclaimed goods, shall be paid into the city treasury, and shall constitute a fund to be called the "Police Life and hIealth Insu rance Fund;" and the persons who shall, from time to time, fill the office of President of the Board of Police, and that of the Comptroller of the City of Detroit, are hereby declared the trustees of said fund, and may in vest the same as they shall see fit, either in whole or in part, and shall have power to draw the same from the treasury for that purpose. ExPensed- (~ 349.) SEc. 12. Whenever any member of the poring disability may be paid from. lice force, in actual performance of his duty, and in consequence of the performance of such duty, shall be come bodily disabled, his necessary expenses, during the time his disabilities as aforesaid continue, and consequent thereon, may become a charge upon the fund provided for in the preceding section, at the discretion of the said Board of Police. The Board shall inquire into the circumstances, and if satisfied the charge upon said fund is correct, may order the same to be paid by the draft of the said trustees upon the said fund, each writing his signature thereto; but the provisions of this section shall not apply to special patrolmen appointed as hereinafter provided, at the request and expense of private parties.f I Section 354. 202 ACTS OF THE LEGISLA TURE. POLICE DEPARTMENT. CIHAPTER III. ( ~ 350.) SEC. 13. The members of the police force Powers of police force. of the city of Detroit shall possess all the common law and statutory powers of constables, except for the service of civil process; and any warrant for search or arrest, issued by any magistrate of the State of Michigan, may be executed in any part of said State, by any member of said police fbrce,g without backing or endorsement from any other magistrate or officer of said State; and for all offenses committed in the county of Wayne, Expenses of serving warthe expenses incurred in serving said warrant shall be rant. certified by the board of police, and audited and paid by said county, and in all other cases such expenses shall be determined by, and paid under the direction of the proper auditing board of the county in which the offense charged in said warrant shall have been committed. The superintendent, deputy superintendent, or any captain of police, having just cause to suspect that any felony is being, or is about to be committed within any building, public or private, or on any wharf or enclosure, or on board of any ship, boat or vessel, within the said city of Detroit, may enter the same at all hours of the day or night, to take all necessary measures for the effectual prevention or detection of all felonies, and may take, then and there, into custody, all persons suspected of being concerned in such felonies, and also may take charge of all property which he or they shall have then and there just cause to suspect has been stolen. The Criminal process, sermembers of said police force shall also serve and execute viceof all process and subpoenas issued by the Recorder's Courth g See Section 125, ante. h See Sections 110, 125, ante. i 203 11 ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. and the Police Court of said city, and all process and subpcenas in criminal cases, issued by Justices of the Peace in said city.i [As amj-enided by aLcws of 1867, Vol. Gamnbling II. p. 269.] houses, etc., proceedii~gs~ against. (~ 351. ) SEC. 14. If any member of the force, or if any two or more house - holders shall report in writing, under his or their signatures, to the Superintendent of the force, that there are good grounds, (which shall be stated in said report,)for believing any houses, room, or premises within the said city, to be kept or used as a common gaming house, common gaming room, or com mon gaming premises, for therein playing for wagers of money at any game of chance, or to be kept or used for lewd and obscene purposes and amusements, or the deposit or sale of lottery tickets or lottery policies, or as a cock-pit, or for harboring criminals, or for conceal ing stolen property, or for carrying on any trade, occuThuepdEerleso pation, calling, practice, or act, prohibited by law, it shall be lawful for the said Superintendent to authorize in writing, any member or members of the force, to en ter the same, who may forthwith arrest all persons there found offending against the law, or aiding or abetting in such offense, but none others, and seize all imnple ments of gaming or lottery tickets, or lottery policies, and convey any person so arrested, before a magistrate, and bring the articles so seized, to the property clerk.j It shall be the duty of such Superintendent to caused such arrested person' to be prosecuted vigorously, and such articles seized to be destroyed, as the orders, rules i See Section 372. i See 40th and 41st subdivision of section 103, p. 65. 204 CIIAPTER III. ACTS OF THE LEGISLA'TURE. POLICE DEPARTMENT. CHAPTER III. and regulations of the Board of Police shall direct. [As amended by Laws of 1867, Vol. II, p. 270.] (~ 352.) SEc. 15. It is hereby made the duty of the Police pre cincts. Board of Police, for more effectually distributing and enforcing its police government and discipline, to divide the said city of Detroit into precincts, without regard to ward boundaries, and to assign captains of police, and sergeants of police, to each of the said precincts, as they shall deem for the best interests of said city. The Board may, from time to time, establish a station Stations. or substation in each precinct or division, for the accommodation of the police force on duty therein. It shall Promulga tion of orpromulgate all reguilations and orders through the Super- duerintern. dent. intendent of Police; and it shall be the duty of the Police force to respect and obey the said Superintendent, as the head and chief of the same, subject to the rules and regulations and general orders of the board. (~ 353.) SEC. 16. The Board of Police is hereby special po. lice. authorized to appoint persons of suitable character, who may be in the employment of the city in other branches or departments, special policemen or patrolmen: Provided, Such special policemen shall not be paid for their services as policemen, either firom the police fund or the city or county treasury. Such policemen shall possess Compenisa tion and the same power as the regular police patrolmen, and powers of. shall obey the rules and regulations of the board, and conform to its general discipline. (~ 354.) SEc. 17. The Board of Police, whenever it Patrolmen for private shall seem to them discreet, may on the application of service. any person or persons, showing the necessities thereof, appoint and swear in any number of additional patrolmen to do duty at any place within said city, at the 205 ACTS OF THE LEGISLATURE. CHAPTER III. POLICE DEPARTMENT. charge and expense of the person or persons by whom the application shall be made; and the patrolmen so ap pointed, shall perform duty only at the places designated Duties and by said Board; shall continue in office at the pleasule powers of. of said Board for a term not exceeding one year; shall be subject to and obey the orders, rules and regulations of said board, and conform to the general discipline of the force, and to such special regulations as may be made by such board for their government. They shall wear such dress and emblem as said Board may pre scribe, and shall possess, as conservators of the peace, all the powers and privileges, and perform all the duties Proviso. of the force herein prescribed: Providedl, That no pa trolman shall be appointed under this section until he shall have paid into the trust firnd, hereinbefore pro vided, the sum of five dollars. The persons so appointed may be removed at any time by the Board of Police Special pa-without cause assigned for the removal. The Board of trolmen. Police may also, upon any emergency, or mob, pestilence, invasion, or during any day of public election or cele bration, appoint as many special patrolmnen from among citizens of Detroit as it may deemn advisable and for a specified time; and during the term of service of such special patrolmen, they shall possess all the powers and privileges and perform all the duties of patrolmen of the force herein created, and shall receive such compen sation, not exceeding three dollars per day, as said Board Proviso. may prescribe: Provided always, That nothing herein contained shall give said Board power to do anything in conflict with the powers of inspectors of election in said city: Providled further, That policemen stationed at the polls on election days, shall perform all the duties 206 ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. CHAPTER III. of, and be subject to all provisions of law relating to the attendance of constables at polls on election days; and no constable in said city shall receive any compensation for attendance upon the polls. [As amenetded by Laws of 1867, Vol. II, p. 270.] (~ 355.) SEc. 18. No member of the police force, Resignation of miemibers. under penalty of forfeiting the pay which may be due to him, shall withdraw or resign from the police force, unless he shall have given one week's notice thereof, in writing, to the Superintendent of Police; and no person, Persons re nioved not to be re-ap who shall ever have been removed from the police force pointed. established by this act, for cause, shall be re - appointed by the Board of Police to any office in the said police force. (~ 356. ) SEc. 19. All stolen, or other property seized Stolen prop erty, how officially by the members of the police force, shall be disposed of. deposited with the property clerk, and kept in a place to be designated by the said Board; and in case of neglect or refusal of any officer to so deposit the property taken, or found in the possession of any person or persons arrested, he shall be deemed guilty of a misdemeanor, and be subject to indictment, on information, and upon conviction, be fined a sum not less than the value of the property, nor exceeding three thousand dollars, and be imprisoned not to exceed one year; and the sentence of the court shall vacate the office of the person so convicted. All property or money, taken on sus- Record of. picion of having been feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person firom whom it is taken, and all lost property coming into the possession of any member of said police force, and all money and property taken 207 208 ARTS OF THE LESLA TURF. POLICE DEPARTMENT. from pawn brokers, as the proceeds of crime, or by any such member from any insane or intoxicated person, or person otherwise incapable of taking care of himself, shall be registered by the property clerk, in a book kept for that purpose, together with the name of the owner, if ascertained, and the name of the place where found, and of the person from whom taken, with the general circumstances and the date of its receipt, and the name of the officer recording the same, and shall be adver tised, if the owner's name is not ascertained, in such manner as the rules and regulations of the Board shall Inventory. prescribe. An inventory of the money or other proper ty shall be given to the person firom whom the same is taken; and in case the same shall not, within ten days after such arrest and seizure, be claimed by any other person or persons, it shall be delivered to the person from whom it was taken, and to no other person, except Proceedings by order of the Board. In case said money or other propwhen propertYisclaim- erty shall, within said ten days, be claimed by any other person than the one from whom it shall be seized, it shall be retained by the property clerk, until after the discharge or conviction of the person from whom the same was taken; and if the claimant or claimants shall establish to the satisfaction of the court, before which the person from whom such goods and money are taken, that he or they are the riohtful owners of the same, the same shall be restored to him or them upon the order of said court; but if the court makes no order, said property shall be returned to the accused personally. Dispoal of All property and money that shall remain in the custonenl a i m e d preperty. dy of the property clerk, for the period of six months, without any lawful claimant thereto, shall be put into 208 ACTS OF THE LEGISLATURE. CHAPTER ]III. ACTS OF THE LEGISLAITURE. POLICE DEPARTMENT. the Police Life and Health Insurance Fund; and the property shall be sold, after being advertised three times in some public newspaper in said city, and the proceeds paid to said fund. The Board of Police shall cause to Complaint book. be kept general complaint books, in which shall be elntered every complaint preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant. It shall also cause to be kept, Registry of -'pi,O Pe rty ?t. o et. books for the registry of lost, missing or stolen proper-st ty, for the general convenience of the public and of the police force of the city. It shall also cause to be kept R,ecord of police force. books of record, wherein shall be entered the name of every member of the police force, his time and place of nativity, the time and place where he became a citizen, (if he was born out of the United States,) his age, his former occupation, number of his family and the residence thereof, the date of his appointment and dismissal from office, with the cause of the latter; and in every such record, sufficient space shall be left against all such entries wherein to make record of the number of arrests made by such members of the police force, or of any special service deemed meritorious by the captains of police. It shall also cause to be kept, in proper Record of Board. books, the accounts of the Board, and a record of their proceedings; and they shall preserve and file copies of all bills audited and allowed, and keep an accurate account of all expenses of the police department. The Board of Police shall also cause to be kept and bound, all police returns and reports. [As amended by Laws of 1867, Vol. II, 2. 271.] (~357.) SEC. 20. It shall be the duty of the Board s t a t i o n houses. of Police to provide, at the expense of said city, all 209 CHAPTEPR III. ACTS OF THE LEGISLATURE. CIAPTER HI. POLICE DEPARTMENT. necessary accommodations within such precincts as shall be contained within the boundaries of said city, for the station houses required by the Board of Police, for the accommodation of the police force of such precincts, for the lodging of vagrant and disorderly persons, and for the temporary detention of persons arrested for offenses. It shall also be the duty of said Board of Police to furnish the same suitably, and to warmn and light the same by day and night, and to provide food for any person or persons detained in any of said station hou ses, when such food is deemed necessary for such person Proce'dings or persons by the officer in charge; and in every case of of arrest. arrest, the same shall be made known to the captain or sergeant upon duty in the precinct wherein such arrest was made, by the person making the same; and it shall be the duty of the said captain or sergeant, as soon as practicable after such notice, to make written return thereof, according to the rules and regulations of the Board of Police, together with the name of the party arrested, the offense, the place of arrest, and the place of detention. All persons arrested by the officers or members of the police force shall be detained, while in their custody, only in the places provided for that pur pose; and no trial or examination of any person arrested shall be held in the office of the Superintendent of Po lice, or of the Board. Necessary and usual articles of clothing or personal apparel upon the person, or in the possession of persons arrested and detailled, shall not be taken or seized by the police, unless there be reason to suspect that the clothing has been stolen or obtained Aceommo- unlawfully. The Board of Police shall provide suitable dations for witnesses. accommodations within said city for the detention of 210 ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. witnesses who are unable to furnish security for their appearance in criminal proceedings,k and such accoimmodations shall be in places other than those employed for the confinement of persons charged with crime, fi'aud or disorderly conduct; and it shall be the duty of all magistrates, in committing witnesses, to have regard to the rules and regulations of the Board of Police in respect to their detention. Every person arrested by the Specialball. police, charged with the violation of any city ordinance, shall be entitled to give special bail for his appearance to answer to such charge; but no member of the police force shall become or furnish bail for any person arrested. [As amended by L(aws of 1867, Vol. II, p. 273.] (~ 358.) SEc. 21. The necessary expenses incurred in Expenscs of police dethe execution of criminal process, for offenses charged to {)artPne aidtby city. have been committed in the city of Detroit, and the maintenance of the Police Department hereby created within the said city of Detroit, shall be a city charge. (, 359.) SEc. 22. It shall be the duty of the Board Estimnate of expenses. of Police to prepare and submit to the Controller, on or before the first day of May, in every year, an estimate of the whole cost and expense, not to exceed one hundred and twenty-five thousand dollars in any one year, of providing for and maintaining the Police Department of said city, within the current fiscal year, which estimate shall be in detail, and shall be laid by the Controller before the Common Council, with his annual estimate; and the same shall be by the Common Council of said city provided for in the general tax assessment, by levy to be laid on said city, and the same shall not k See Comp. Laws, sections 5968, 5995, 5998, 6097. 211 CHAPTER III. ACTS OF THE LEGISLATURE. CHAPTER III. POLICE DEPARTMENT. require or be conditioned upon the vote of the freemen of the city; said money shall be paid by the officer col lecting the same into the hands of the treasurer of the Board of Metropolitan Police, once a week or oftener. Policefund. The moneys so collected shall constitute and be styled "The Metropolitan Police Fund." The said Board of Police shall appoint a treasurer, who shall be the custo dian of the money of said fund, and deposit the same in such place and in no other as he shall be directed by said Board. He shall give security to said Board that he will keep said money in said place and no other; that he will pay the same upon the order of said Board, and in all respects account for the disposition of the same, and that he will perform faithfully the duties of treasurer. Said treasurer shall be appointed to serve during the discretion of the Board.'[As amended by LaGws of 1867, Vol. II, p. 274. ] Howmoney (~ 360.) SEc. 23. All moneys hereafter to be paid paid from. to any person or persons out of the police fund shall be certified by the president or acting president of the Board of Police to the secretary, who shall draw his warrant on the treasurer therefor, stating therein the fund to which it is chargeable, and the person to whom payable, and such warrant shall be countersigned by the president, or in his absence, by the acting president of the Board of Police. Expensesof (~ 361.) SEC. 24. No expenses other than salaries board; restriction of. and pay herein provided, shall be incurred by the Board of Police, except for rent, record books, stationery, print ing, telegraphing, badges, clubs, furniture of necessary rooms and stations, the preservation, repair and cleans ing of the buildings and rooms used by the Board, 212 ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. advertising, fuel, lights, board of prisoners, witnesses, and for the arrest, conveyance and custody of prisoners and witnesses, and the preservation of the discipline and good order of the force, unless the same shall be expressly authorized, and provision made therefor as a city charge, by the Commnon Council of the city of Detroit: Pro- Proviso. vided,, That nothing herein contained shall prevent said Board from incurring all expenses which are actually necessary to perform all the duties and exercise all the powers by this act enjoined upon them and granted to them. The books and accounts kept by said Board Books of board to be open to Mayshall at all times be subject to the inspection of the oPr.toM Mayor and Controller, or either of them; and the Common Council may at any time require information respecting the same, the disclosure of which will not impair the usefulness and efficiency of the force. [As amnencded by Lawes of 1867, Vol. II, p. 275.] (~ 362. ) SEc. 25. The Board of Police shall at all Bo~ard to en force city or d i n a n C e s, times cause the ordinances of the city to be properly etcan. s enforced, and it shall be the duty of said Board, at all times, whenever consistent with the rules and regulations of the Board, and with the requirements of this act, to furnish all information desired, and comply with all the requests made by the Common Council of said city, or by the Mayor thereof, to quell riots, suppress insurrections, protect the property and preserve the public tranquility. The Board of Police shall have the power to May issue subpoenas. issue subpcenas,' tested in the name of its president, to compel before it the attendance of witnesses before any proceeding authorized by its rules and regulations. Each See Section 347, ante. 213 CHAPTER III. ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. Admininis- Commissioner of Police, the Superintendent of Police, and ter oathls. the secretary of the Board of Police, are hereby given power to administer, take, receive and subscribe all affirm ations and oaths to any witnesses summnoned and ap pearing in any matter or proceeding authorized as afore said, or to any depositions necessary by the rules and Perj'ry,pun- regulations of the Board. Any willful and corrupt false ishment of. swearing by any witness or person making deposition before any of the officers last mentioned, to any mate rial fact, in any necessary proceedings under said rules and regulations, shall be deemed peijury, and punished in the manner now prescribed by law for such offence. Attachment The provisions of law now existing in respect to attachof witnesses menlt of witnesses before justices of the peace,m and to the compulsory attendance of the said witnesses, to ap pear and testify before them, are hereby applied to the case of witnesses subpoenaed before the Board of Police. Bond and (~ 363.) SEC. 26. The Board of Police shall require oath of oflce. and make suitable provisions concerning security to be entered into by the Superintendent, the captains of po lice, the property clerk and treasurer; and said Board may, in their discretion, require security from any mem ber of the force, conditional for the performance of any duty involving the care and disposition of property. Said Board shall require each member of the force to take an oath of office,n and the registry of the certifi cate thereof in a book to be kept for the purpose, which oath may be taken before any one of the Com missioners, who is hereby empowered to administer the same. [As ctmended by (aws of 1867, Vol. Ir, p. 276.] m See Compiled Laws, Sections 3743 to 3752, both inclusive. n See Section 17, p. 19. 214 CHAPTER III. ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. CHAPTER III. (~ 364.) SEC. 27. The Superintendent of Police shall Report of su perint e n edent of pomake to the Board quarterly reports, in writing, of the lice. state of the police force, with such statistics and suggestions as he may deem advisable for the enforcement of the police government and discipline. The Board of Police shall, on or before the first Monday in April in each year, report in writing the condition of the police within the said city to the Common Council. (~ 365.) SEC. 28. No person holding office under this Officers not liable to juact shall be liable to jury duty, or to arrest on civil ryduty, process, while actually on duty. (~ 366.) SEc. 29. It shall be a misdemeanor, punish- certain acts d e c I a r e d misdemeanable by imprisonment in the county jail, not more than ors. two years, for any person, without justifiable or excusable cause, to use personal violence upon any elector in said city of Detroit,~ while attending the polls upon any election day, or upon any member of the police force thereof, when in the discharge of his duty; or for any person, not a member of the police force, to falsely represent himself as being such member with a fraudulent design. [As amended by Laws of 1867, Vol. I1, p. 276.] (l 367.) SEC. 30. Either of said Commissioners of Removal of commissionPolice may at any time be removed by the Governor, r under the provisions of statutes relating to the removal from office of sheriffs, which provisions are hereby extended so as to relate to each one of the said Commissionelrs, and in all cases where charges are made out against a Commissioner, he shall have all opportunity to present evidence in his behalf. o See Section 54, p. 32, and note. 215 ACTS OF THE LEGISLATURE. CHAPTER III. POLICE DEPARTMENT. When Posi- (~ 368.) SEC. 31. Any one of the said Commissiontions declared vacant. ers, or any member of the police force, who shall, dur ing his term of office, accept or hold any office elective by the people, or who shall, during his term of office, be publicly nominated for any office elective by the people, and shall not, within ten days succeeding the same, publicly decline the said nomination, shall be, in either case, deemed thereby to have resigned his com mission, and to have vacated his office. Tax for ex- (~ 369.) SEC. 32. The Common Council of Detroit penses. are hereby empowered and directed annually to order and cause to be collected and raised by tax upon the es tates, real and personal, subject to taxation according to law, within the said city of Detroit, the sums of money as aforesaid annually estimated for the said total expense of the Metropolitan Police, authorized by this act. Deputv Sn- (~ 370.) SEC. 33. In case at any time, or for any perintend't. cause, the services of a deputy superintendent shall be required, the senior captain of police is hereby authorized to act in that behalf, so long as necessary, and the place of said captain shall be filled, for the time being, by any appointee of the board from the sergeants of police. Policemen (~ 371.) SEC. 34. No policeman or officer of police not to enter saloons, etc. shall, while on duty, be at liberty to enter any drink ing or gaming saloon, or other place where liquors are sold to be drunk on the premises, or house of prostitu tion, except for the purpose of discharging some of the duties of his office. Service of ( 372.) SEC. 35. The members of the metropolitan crim i n al process. police force shall have the exclusive power, and it shall be their duty, to serve all process within the city of Detroit, issuing from the Recorder's court, police court, 216 ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. CHAPTER IM. and firom justices of the peace ill criminal cases, within said city, whether directed to constables, the sheriff or otherwise,P and shall be detailed by the proper officers, to attend, instead of deputy sheriffs q or constables, all courts of criminal jurisdiction of said city; all the duties now performed by deputy sheriffs in serving writs, executing, orders of said court, attending said court, conveying prisoners to and firom the county jail for arraigninent or trial before said court, and iil conveying prisoners to the Detroit House of Correction, the reform school, county jail, State prison or other place of punishment and imprisonment, under the judgment, sentence, order or process of said court,r shall be performed by the members of said police force; and in no case shall deputy sheriffs, or any constable of said city, receive or be paid by the county or State, any fee or compensation for services directed in this section, or in any part of this act, to be performed by the members of said force. The actual expenses of travel and of performing duties under this section, shall be paid by the County of Wayne, upon bills allowed by said Board of Police, and endorsed by the President and Secretary thereof. [ As amended by Latws of 1867, TVol. II, p. 276.] (~ 373.) SEc. 36. The offices of city marshal and cityMarsh'tl office or assistant marshal of the city of Detroit is hereby abol-abolished ished, and the duties of said office, shall hereafter be performned by the Superintendent of Police, or by the P See Section 350, ante. See also, Section 125. q By Section 110 the sheriff and his deputies were to attend upon the sittings of the Recorder's Court. r See Section 110 See Sections 66, 67, 125, 159, 162, 164. 15 217 ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. captains and sergeants of police, under his directions, in accordance with the provisions of this act, but this sec tion shall not be operative until the Superintendent of Po)lice, or captain of police, authorized by this act to be appointed, shall be sworn into office. Bail of per- ( 374. ) SEC. 37. No person committed to the house aitted to houseofcor- of correction for want of bail, shall be discharged thererection. from on bail, until the order of discharge, by the magis trate or court who committed said person, or by the judge of some circuit court, or tile Recorder of said city, (all of whom are authorized to approve of and take such bail,) together with the original recognizanlce approved by such magistrate, court, judge or Recorder, shall have first been delivered to the Superintendent of the House When for- of Correction; and said Superintendent is hereby directed feited. in every case to transmit said recognizance to the Su perintendent of Police, who shall, whenever the said recognizance is forfeited by the principal therein named, deliver the same to the attorney of the Board of Police for prosecution; and said attorney shall forthwith pro ceed to collect the same by applying to the Recorder's court of said city for an order uponl the sureties in said bond, to show cause why said recognizance shall not be forfeited and judgment entered for the amount of pen alty therein mentioned against them, on a day in said order set forth. Said order shall be served personally upon said sureties, if they can be found in said city, and if they cannot be found, l)y leaving, a copy at their last place of abode, at least four days before the day therein set forth, and shall be granted only upon the filing with said court of an affidavit or affidavits, show ingi to the satisfaction of said court, that the principal 218 CJ:IAPTER III. ACTS OF THE LEGISLA TURE. POLICE DEPARTMENT. named in said recognizance has, during the time for which Such recoglnizance is conditioned for his or her good behavior, been found guilty by a competent court, of being a disorderly person, of any crime or misdemeanor, or that he or she has been and is a disorderly person, at any tinie within the life of said recognizance, and since his or her discharge firom said House of Correction. And the said sureties, or either of them, upon the service on them, or either of them, of said order and affidavit, or affidavits, shall come into court upon the day in said order named, and show cause by affidavit, or otherwise, as the court mav direct, why judcrnient shall not be entered against them, or either of them, on said recognizance; and if they, or either of them, When sure. ties fail to after service of said order, fail to appear, or do not appear show sufficient cause, said court shall enter jud,ngment against both, all or either of them, upon their said recognizance, and shall issue execution thereon, and collect the same in the same manner as in cases of judgments on forfeited recognizances in said court. All moneys collected on such executions shall be paid by the officer collecting the same, or by the person or persons against whom the judgment was rendered, to the clerk of said said court, who shall, within three days after receiving the same, pay it to the officer empowered by law to receive it. [As amended by ctuws of 1867, Vol. IT, page 27 i. ] (~ 375.) SEC. 38. Sections one, two, three, four, five, Ac,ts repeal ed. six, seven, eight and nine, of chapter thirteen, of an act entitled "an act to revise the charter of the city of Detroit," approved February fifth, one thousand eight hundred and fifty-seven, which chapter was added by 219 CHAPTER III. ACTS OF THE LEGISLATURE. POLICE DEPARTMENT. "an act to amend an act entitled an act to revise the charter of the city of Detroit, approved February fifth, one thousand eight hundred and fifty-seven," approved March twelfth, one thousand eight hundred and sixty-one; also sections one, two and three, of an act entitled "an act to amend an act entitled an act to revise the char ter of the city of Detroit, approved February fifth, one thousand eight hundred and fifty - seven," and approved February fourth, one thousand eight hundred and sixty four, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed, such repeal, Wtihenopera however, to take effect and become operative only when rive. the Board of Police appointed by this act shall be duly organized, and a police force shall be appointed by said Notiee ofor- Board and sworn into office. The President of the Board ganization. of Metropolitan Police shall notify the City Marshal and Assistant Marshal in writing, and publish a notice in two daily papers published in Detroit, stating the fact and time, the organization of the said police force, for the purpose of fixing the time when sections thirty-five and thirty-six, and this section shall become operative. (~ 376.) SEc. 39. This act shall take immediate effect. reP r isont (~ 377.) SEC. 40. Any person who has no trade or w i th o u t gLrade or oc,cupation. occupation at which he actually labors, and has no visible means of support, and frequents houses of ill-fame, or places for the retailing of spirituous liquors, or places where gaming for money is carried on, and any person who has been sentenced to and served a term in State prison, by a court of competent jurisdiction in this State, who has no trade or occupation at which he actually labors, and frequents places for the retail of ardent spirits, houses of ill - fame, or places where gaming for money 220 HAPTErR iII. ACTS OF TIIE LEGISLATURE. POLICE DEPARTMENT. CHAPTER III. is carried on, and any person in whose possession burglars' tools shall be found, for the possession of which he or she cannot account satisfactorily, shall be deemed Slow dealt withl. a disorderly person and shall be complained against, examnined and dealt with as is provided by the statutes of this State for disorderly persons.t And it shall be Posscssors of burglar's the duty of the member of the police force to seize all tools. burglars' tools, wherever found, and if the owner thereof can be discovered, to complain of him under this section, and if he is found guilty under such complaint, the Superintendent or some captain of police shall destroy or mutilate such tools, so that they cannot be used for burglarious purposes again, and if the said owner is not convicted, said tools shall be returned to him. If the Tools des. troyed. owner of said tools shall not be found within ten days after they are seized, the Superintendent or some other member of said force shall take the same to the Police Justice, and make oath before him, of the time when and place where said tools were found; and if the said Police Justice shall find that said tools are burglars' tools, he shall order the same to be destroyed by the Superintendent or some captain of the police; and if the said Police Justice, upon the examination of any person upon complaint under this section, shall decide that any of the tools are not burglarious, such tools shall be returned to the owner, or if upon tools being brought before him, the owner of which cannot be dis covered, he sball decide that all or part of them are not burglarious, then such as he decides are not burg larious shall be left and disposed of in the same manner ' See Comp. Laws, 1550, et post. 221 ACTS OF TIlE LEGISLATURE. POLICE DEPARTMENT. as is provided for property found by the police. [As ad(leel by Laws of 1867, Vol. II, p.. 278.] Offe~nse notn (~ 378.) SEC. 41. Whenever the Police Justice of bc o g nizacle justice. said city shall find, upon examination before him, that an offense not cognizable by him has been committed and that there is probable cause to believe the person charg,ed is guilty thereof, if the offense is bailable, said justice shall bind the said person with sufficient sureties to appear before the Recorder's court; and in default of the said person enitering into a recognizance for his ap pearance at said court, as ordered by said justice, said justice shall commit him or her to the county jail for trial; and the person so committed may, during the time he or she is confined in said jail awaitingC trial, appear before said justice and give bail for his or lihe appear ance at the Recorder's court, and no other court, magis tiate or officer shall, under any circumstances, admit said person to bail, except judg(es of the supreme and circuit e,bt aot- courts, or the RPecorder of said city. If said person is pus.. brought by wnvit of h(.be(is corpses before a circuit court commissioner, said comnmissioner, upon return being made to him on said writ, that said person is imprisoned by virtue of being committed for trial by said police jus tice, shall not admit said person to bail nor proceed to further hear tihe case under the writ, except to receive evidence sustaining or denying the truth of the return. Parties not In no case shall said police justice, or any jiudge, court, taken as sureties. magistrate or officer authorized to take bail for the ap pearance of any person charged with crime in said city, receive as surety for said person any person who is a party to a recognizance for the appearance of' a person icharged wvith crime, and which recognizance has been 222 CIIAPTER III. ACTS OF THE LEGISLA TURE. POLICE DEPARTM-ENT. forfeited and is unpaid, or upon which recognizance judgment has been rendered but is unpaid and unsatisfied. Every judge, coult, mnagistrate and officer, and the said Oathofsure. ty. police justice, shall, before receiving and accepting any person as surety under this section, require said person to swear that he is not a party to any forfeited and unpaid recognizance, nor a party to any unsatisfied judgment rendered upon any recognizance for the appearance of any person charged with or convicted of crime or misdemeanor. [ As amended by L(Laws of 1867, VTol. II, I. 279. ] (~ 379.) SEC. 42. In all cases of trial or examina- Person to take bail on tion of any defendant before the police court of the city adjournm't. of Detroit, if any adjournment of any such trial or examination shall be had, and in all cases of the postponement of the examination of any party under arrest before said court, it shall not be competent for any other officer than the police justice or the person acting as such to take bail for the appearance of the accused at the said adjourned day. [As amendled by Laws of 1867, p. 280.] (~ 380.) SEC. 43. This act shall take immediate effect. 223' CHAPTER III. ACTS OF THE LEGISLATURE. COURTS OF THE CITY OF DETROIT. CHAPTER IV. COURTS OF THE CITY OF DETROIT. SECTION 381. Election of Police Justice; oath of office. 382. Powers and duties of Police Jus tice. 383. Same. 384. Same; vacancy. 385. Justices of the Peace not bound to act in criminal cases. 386. Warrants. 387. Security for costs, when demand able. 388. Clerk of; his salary and duties. SECTION 389. Appeals. 390. Salary of Police Justice. 391. When act to go into effect. 392. Capias for witnesses may issue from Recorder's Court. 393. Sentence in Recorder's Court in excess of Law not invalid. 394. Jurors in a Colur t of Re cord; when disqualified. 395. Jurors in Police and Justices' court; when disqualified. An Act to establish a Police Court in the City of Detroit. [Approved April 2, 1850. Laws of 185%, p..364.] Police jus- (~ 381. ) SECTION 1. Be it enacted by the Senate and tice. ttouse of ]Representatives of the State of Michiqan, That there shall be a Police Justice in the City of Detroit. The first election for said Justice shall be held on the first Monday of May next, in tile City of Detroit, to be conducted in the same manner as justices of the peace are elected at the charter election of said city; -and the first incumbent of said office shall hold his office from the time he is elected till the fourth day of Election. July, in the year 1854; and at the charter election of said city and the interval of every four years, the said Justice shall be elected in the manner provided for the election of Justices of the Peace in said city, to hold his office for four years, the termr of which shall com mence on the fourth day of July of the year in which 224 CHAPTER IV. ACTS OF THE LEGISLATURE. COUTRTS OF THE CITY OF DETROIT. he is elected; and in case of a vacancy occurring in the said office of police justice, the Common Council shall order a special election, giving twenty days' notice thereof. And the said Police Justice shall, before enter-Oath. ing upon the duties of his office, take and subscribe the oath prescribed by the constitution of this State,a before some officer authorized by law to administer oaths, and deposit the same with the Clerk of the County of Wayne, who shall file and preserve the same in his office. (~ 382.) SEC. 2. He shall, except in case of his ab- d~tWiers and -duties. sence, or inability to act, have sole and exclusive jurisdiction to hear all complaints, to conduct all examinations in criminal cases, and to try all offenses which by the laws of this State are now brought and established within the jurisdiction of justices of the peace,b and which may hereafter arise within the corporate limits of the said city of Detroit. (~ 383.) SEC. 3. Warrants may be issued in criminal Ibid. cases for the apprehending of offenders by any justice of the peace in said City of Detroit; but they shall be made returnable before the said Police Justice, except in case of his absence or inability, or a vacancy in said office. (~ 384.) SEC. 4. He shall reside and keep an office Ibid. in the city of Detroit, and attend to all complaints of a criminal nature which may be brought before him at a Constitution, Article XVIII, Section 1. b See Compiled Laws, Section 3924, et post. Also, Section 1666. In the matter of Samuel V. Berry, 7 Mich., 467, it was held that the jurisdiction of the Police Justice did not extend to cases where the punishment might exceed a fine of one hundred dollars, or three months imprisonment, or both. ~ 225 CHAPTIER IV. ACTS OF THE LEGISLATURE. CHAPTER IV. COURTS OF THE CITY OF DETROIT. all reasonable hours, and in case of his removal from said city, his death, or resignation, his office shall be vacated, and another person then acting in said city as a justice of the peace, shall be appointed by the Com mon Council of said city, who shall serve as such Po lice Justice until after the next ensuing charter election, Vacancy. when a Police Justice shall be elected to fill the va cancy. Justices of ( 385.) SEC. 5. No justice of the peace residing in the Peace. said city of Detroit, shall be entitled to receive ally fees for, or bound to render any services in criminal cases, except during the sickness, absence or inability of the said Police Justice as aforesaid; in which case it shall be the duty of the several justices of the peace in said city, to render the same services, and they shall re ceive the same fees, as though this act had not passed. Warrants. (~ 386..) SEC. 6. When any warrant returnable before said Police Justice shall be returned during his absence, sickness, or inability to act, or during a vacancy (if such occurs) in said office, any further proceedings on such warrant may be had before any justice of the peace re siding in said City of Detroit; and all warrants issued by the said Police Justice fibr the apprehending of crim inals, shall have the same effect and be subject to the same restrictions as warrants issued by justices of the peace in similar cases. Securityfor ( 387.) SEC. 7. The said Police Justice shall have costs.' authority in all cases, at his discretion, either before or after the issuing of process, to require of the complain ant security for costs to the satisfaction of said justice, and the person becoming such security shall sign a mem orandum, in writing, to that effect, which said justice 226 ACTS OF THE LEGISLA TUJE. COURTS OF THE CITY OF DETROIT. CHAPTER IV. shall keep as a part of the record of the case; and in all cases, non - resident complainants shall give security before process shall issue. If the defendant or prisoner be discharged on examination, by said Police Justice, or acquitted on trial, the said Police Justice shall enter a judgment for costs against the surety and the complainant, either or both of them, which shall be of like force and effect, and shall be collected on execution, as any other judgment rendered by a Justice of the Peace:' PrOvi(de(, That said justice shall certify, on the record Proviso. of the court, that such payment of costs by the prosecutor, or his surety, in his opinion, is just and equitable. [As a)m,end7ed by Laws of 1863, p. 331.] (~ 388. ) SEC. 8. There shall be a Clerk of said co u e r k oI court. court, who shall be appointed by the Common Council of the City of Detroit, who shall receive such salary as alary of. such Common Council may prescribe, which shall be allowed and paid in the same manner as provided for the payment of the Police Justice; he shall give a bond to Bond. the people of the State, in the penal sum of two thousand dollars, to be approved by said Common Council, for the faithful discharge of the duties of his office. It shall be his duty to keep a true record of the Dutiesof. proceedings of said court, in proper books to be provided therefor, and file and safely keep all books and papers belonging or pertaining to said court; he shall have power generally to administer oaths and take affidavits; it shall also be the duty of said Clerk to receive all costs, fines and dues, of every description, from either party to complaints or prosecutions before said Police See Comp. Laws. sections 3940. 3942. 227 . ACTST OF THE LEGISLATURE. CHAPTER IV. COURTS OF THE CITY OF DETROIT. Court, and which by law are taxable as justices' costs, and shall pay the same weekly to the County Treasurer of the County of Wayne, and shall take his receipt for the same; and all fines or other moneys, coming into his hands, shall be paid out and disposed of as is now provided by law with reference to justices of the peace. [As added by Laws of 1863, p. 331.) Appeals. (~ 389.) SEC. 9. In all cases in said Police Court, where the sentence of imprisonment shall amount to thirty days or more, or where the fine imposed shall amount to twenty-five dollars or over, the Recorder of said city, or the Circuit Judge presiding in Wayne county, may allow an appeal to the Recorder's Court, upon satisfactory affidavit, presented to him within five days after the trial, showing the nature of the case, the circumstances of the trial, and the substance of the evi dence taken thereon, if, in the opinion of such Recorder or judge, justice shall require an appeal, and on filing such affidavit and allowance with the Police Justice, such appeal may be taken in the same manner, and with the same effect and restrictiolns, as prescribed for appeals to the circuit courts in cases of sentences by justices of the peace in criminal cases.d [As added by Laws of 1863, p. 332.] Salary. ( ~ 390.) SEC. 10. The said Police Justice shall not be entitled to receive to his own use any fees for ser vices performed under this act, but in lieu thereof he shall receive an annual salary of twelve hundred dollars per year for the time he shall exercise the duties of d Prior to this amendment, the Supreme (Court was equally divided upon the question whether an appeal could be taken from the Police Court. People vs. the Police Justice, 7 Mich., 456....... 228 ACTS OF THE LEGISLATURE. COURTS OF THE CITY OF DETROIT. such office, to be fixed from year to year by the Board of County Auditors for said County of Wayne, which shall be allowed, raised, and paid by said board as other county charges are allowed and paid; and during tihe time he remains such Police Justice he shall not per form the duties of a civil magistrate. (~ 391.) SEC. 11. This act shall take effect and be in force from and after its passage; but nothing in this act contained shall be so construed as ill anywise to affect the jurisdiction of justices of the peace in criminal proceedings, until said Police Justice shall be elected and qualified according to the provisions of this act. An Act in relation to issuing Capiases for Witnesses in Criminal Proceedings. [Approved March 15, 1861. Laws of 1861, p. 423.] (~ 392.) SECTION 1. The People of the State of.Vich- Recorder's court may Issue capias igan enact, That the Circuit and District Court of any sfor witpiass county, and the Recorder's Court of the City of Detroit, shall have power to issue capiases in the first instance, for any witness or witnesses in criminal cases, when it shall satisfactorily appear that such witness or witnesses are material, and that there will be danger of the loss of their testimony unless such writ be issued. 229 CHAPTER IV. ACTS OF THE LEGISLATURE. COURTS OF THE CITY OF DETROIT. An Act relative to Judgments in Criminal Cases. [Approved March 2'7, 1867. Laws of 1867, Vol. 1, p. 223.] Judgment (~ 393.) SECTION 1. The People of the AStUte of Michin Reord-' er's coiurt notannulled rt Cn etact, That whenever, in any criminal case tried in by excess of punishment. any Circuit Court, or in the Recorder's Court of the City of Detroit, the defendant shall be adjudged guilty, and a punishment by fine or imprisonment shall be imposed in excess of that allowed by law, the judgment shall not for that reason alone be judged altogether void, nor be wholly reversed or annulled by any court of review, but the same shall be valid and effectual to the extent of the lawfuil penalty, and shall only be revised or annulled on writ of error, or otherwise, in respect to the unlawful excess. An Act disqualifying Persons in Wayne County to sit as Jurors in certain cases. [Approved MIar-ch 27, 1867. Laws of 1867, Vol. I, p. 172. ] Circuitcort (~ 394. ) SECTION 1. The People of the State of Jfi ch igaUt enact, That no person shall be qualified to be or become one of a panel of jurors, in any circuit court or court of record, in Wayne county, who within one year If acted as prior thereto, has been or acted as a nmember of a panel of juror within p one year. jurors, whether suinnionied on the original panel, or added Discharged. thereto as talesman, in the same court; and it shall be the duty of the circuit or presiding judge, to discharge 230 CHAPTER IV. ACTS OF THE LEGISLATURE. COURTS OF THE CITY OF DETROIT. CHAPTER IV. any such person if summoned as a juror, who within one year has been a member of a panel of jurors in said court, and it shall be a just cause of challeinge to Juror chal lenged. any juror in any cause, over and above all other challenges allowed by law, that he has been within a year a member of a panel of jurors, in said court. ( 395.) SEC. 2. No person shall be qualified to sit Police court or inquest. as a juror in any Justice or Police Court of Wayne county, or on an inquest before any Coroner, who has already sat as a juror in said Justice or Police Court, or on an inquest before said Coroner, more than three over three times within the year. times during the calendar year, next preceding the time when he is summoned or offered as a juror on said c o u r t, or on said inquest. And it shall b e th e duty of Discharged. Justices of the Peace, and Police Justices and Coroners, to enforce and carry out the provisions of this law, and to discharge any such juror. It shall be a good cause Juror chal lenged. of challenge, over and above all challenges otherwise allowed by law, that any person summoned or offered as a juror, shall have acted as a juror in the same tribunal or court, more than three times during the prior calendar year. 231 ACTS OF THE LEGISLATURE. HOUSE OF CORRECTION. CHAPTER V. HOUSE OF CORRECTION. SECTION 896. Name. How to be used. 397. How controlled; Board of Inspect ors; how appointed. Term of office. 398. Board to adopt rules; Officers, how appointed; salaries; expendi tures. 399. Meetings of Board; when at House of Correction; Board to examine its management; Records of Board. 400. Books of House of Correction, how kept; statements, when made; accounts, how audited; annual report. 401. Employees, and how removed. 402. Duties and powers of Superintendent and Deputy. 403. Contracts with Counties for keeping criminals; notice of contract. 404. Duties of Courts in counties making contracts. 405. Duties of Sheriffs in counties mak ing contracts; fees of officers. 406. State Prison Inspectors may con tract; compensation; notice of contract. 407. Duty of Sheriffs; fees of.. 408. Certain males and females under age to be sent to House of Correction. SECTION 409. Expenses, how defrayed. 410. Inspectors to make certain certifi cates. 411. Certificates to be published. What offenders from Wayne County to be confined in. Duty of officers conveying prisoners to; fees of officers. 412. Vagrants may be sentenced to. 413. Breaking from, with intent to es cape; penalty. 414. Females in State Prison may be transferred to. 415. Record of infraction of rules to be kept; reward for good beha vior. 416. Females liable to State Prison may be s en t to. 417. Commutation of sentence. 418. Confinement in for not giving bail in State Courts. 419. Sentence to House of Correction by United States Court. 420. Laws applicable to State Prison con victs applied to those in H4ouse of Correction. 421. Acts repealed. 422. Governor may terminate operation of Sections 416 and 417. An Act to establish the Detroit House of Correction and authorize the confinement of convicted persons therein. [Approved March 15, 1861. Laws of 1861, p. 262.] Name of. (~ 396.) SECTION 1. The People of the State of Mich igqan enact, That the building erected for that purpose by the City of Detroit,a shall be known and recognized t See 60th subdivision of Section 103, p. 69. 2132 CHAPTER V. ACTS OF THE LEGISLATURE. HOUSE OF CORRECTION. CHAPTER V. as the "Detroit House of Correction," and shall be used How to be used. for the confinement, punishment and reformation of criminals, or persons seiltenced thereto, under the provisions of this act, or any law of this State authorizing the confinement of convicted persois in said House of Correction. (~ 397.) SEC. 2. The management and direction of nolw con trolled. the said House of Correction, subject to periodical inspection by the State authorities in their discretion, shall be under the control and authority of a Board of In-Roardofln spectors, how appoinspectors to be appointed for that purpose by the Corn- ted. mon Council of the City of Detroit, but the chairman of the Board of Inspectors of the State Prison and the Mayor of said city, shall, by virtue of their office, be members of said Board of Inspectors, wllo, together with three persons to be appointed on the nomination of the Mayor by the Common Council of said city, shall form said board. The term of office for the appointed mem- Term of of fi'ce. bers of said board, shall be three years; but the members first appointed, shall hold their office respectively as shall be determined by lot at the first meetiing of said board, for one, two and three years, and thereafter one member shall be appointed each year for the full term of three years. (~ 398.) SEc. 3. The said Board of Inspectors is To adopt rules and hereby authorized and empowered to establish and adopt regulations. rules for the regulation and discipline of said House of Correction, and upon the nomination of the Superintend- Oampffcersthdow appointed. ent thereof, to appoint the subordinate officers, guards and employees thereof, to fix their compensation and prescribe their duties generally, to make all such by laws and ordinances in relation to the management and 10 233 ACTS OF THE LEGISLA TURE. CHOUSE OF CORRECTION. Salary of government thereof as they shall deem expedient. But officers, - Coin Coun cil to sane- 110o order, ordinance, resolution or act of said Board, fixtion. ing the salary or compensation of any officer or em ployee of said institution, shall be binding and valid until it shall have received the sanction of the Common Council of said city, by a vote of a majority of all the aldermen elect in said city, at some regular meeting sub sequent to the meeting on which such proposed salary or compensation shall have been presented to said ComExpendit'rs, mon Council,b and no appropriation of money shall be how made. made by the said Board of Inspectors for any purpose other than the ordinary and necessary expenses and re pairs of said institution, except with the sanction of said Common Council as provided in the case of salaries and compensation of officers and employees.e Meetings of (~ 399. ) SEC. 4. Said inspectors shall serve without Board,when fee or compensation. There shall be a meeting of the entire Board at the House of Correction once in each year, at such time as shall be fixed by said Board. One or more of said appointed inspectors shall visit the said House of Correction once, at least in each month. Meetings at There shall be a meeting of said appointed inspectors at House of Correct i o n when; to ex- said House of Correction once in every three months, amine into managem't; to hear com- when they shall fully examine into its management in plaints. every department, hear and determine all complaints or questions not within the province of the Superintendent, to determine and make such further rules and regula tions for the good govenment of said House of Correc tion, as to them shall seem proper and necessary. All b See Sections 98, 218. See 1It subdivision of Section 103, p. 52. 234 CHAPTER V. ACTS OF THE LEGISLATUPRE. HOUSE OF CORRECTION. CHAPTER V. rules, regulations or other orders of said Board, shall be Records of. recorded in a book to be kept for that purpose, which shall be deemed a public record, and with the other books and records of said House of Correction, shall be Open to in. spectioa. at all times subject to the examination of any member or committee of the Common Council, the Controller, Treasurer, or Attorney of said city, or any officer or person duily authorized by any court of record in this State, to make such examination. (~400.) SEc. 5. The books of said House of Cor-Books of, how kept. rection shall be so kept as to clearly exhibit the state of the prisoners, the number received and discharged, the number employed as servants, or in cultivating and improving the premises, the number employed in each branch of industry carried on, and the receipts from, and expenditures for and on account of each department of business, or for improvement of the premises. A Statements. when to be quarterly statement shall be made out, which shall specify wahdea atd show. minutely all receipts and expenditures, from whom received, and to whom paid, and for what purpose, proper vouch ers for each, to be audited and certified by the inspect- Accounts howaudited ors and submitted to the Controller of said city, and by him to the Common Council for examination and ap proval. The accounts of said House of Correction shall be annually closed and balanced on the first day of January of each year, and a full report of the opera- Annual re port. tions of the preceding year, shall be made out and sub mitted to the Common Council of said city, a copy of which shall be transmitted to each department of the State Government, and to each county in the State hav ing contracts with said city for the confinement and 235 ACUTS OF THE LEGISLATURE. CHAPTER V. HOUSE OF CORRECTION. 1lhwd pub- maintenance of convicted persons,d and such report shall be published in solme newspaper published in the city, or in such other form as shall be directed by the Com mon Council. h,mPloyees, ( 4o01. ) SEC. 6. The Common Council of said city ed. may require such further reports and exhibits of the condition and management of such institution as to them shall seem necessary and proper, and may, with the ap proval of the Mayor and Inspectors, for misconduct or willfiul neglect of duty, and upon sufficient evidence thereof, remove any officer or employee, or Inspector of said institution, except the Superintendent thereof, who shall be removable for the callses, and as provided in the charter of said city.e But any subordinate officer or employee may be removed by the Superintendent at his discretion, or by the Board of Inspectors with the ap proval of the Superintendent. SduPetinthin- (~ 402.) SEc. 7. The Superintendent of the said House powers and uties. of Correction shall have entire control and management of all its concerns, subject to the authority established by law and the rules and regulations adopted for its government; it shall be his duty to obey and carry out all written orders and instructions of the Inspectors not inconsistent with the laws, rules and regulations re lating to the government of said institution. He shall be responsible for the manner in which said House of Residence Correction is managed and conducted. He shall reside of. at said House of Correction, devote his time and atten tion to the business thereof, and visit and examine into d See Section 403, post. I See Sections 13, 21, 22, 100, ante. 236 ACTS OF THE LEGISLA'URTE. HIIOUSE OF CORRECTION. CHAPTER V. the condition and management of every department thereof and of each prisoner therein confined, daily, or as often as good order or necessity may require. He shall exercise a general supervision and direction in regard to the discipline, police and business of said House of Correction. The Deputy Superintendent of said House Deputy su p i n tend ent~hispowof Correction shall have and exercise the powers of the erslanslidwu: ties. Superintendent, in his absence, so far as relates to the discipline thereof and the safe keeping of prisoners. (~403.) SEC. 8. The Board of Supervisors of any Counties may coii tract for organized county of the State shall have full power and keeping of ~ criminals. authority to enter into an agreement with the Common Council of the City of Detroit, or with any authorized agent or officer in behalf of said city, to receive and keep in the Detroit House of Correction, any person' or persons who may be sentenced to confinement by any court or magistrate in any of said counties, for any term not less than sixty days. Whenever such agreement shall Notice of contract have been made, it shall be the duty of the Board of how given. Supervisors for any county in behalf of which such agreement shall have been made, to give public notice thereof in some newspaper published within said county, and in case no paper is published in said county, then such notice shall be published in some newspaper within the judicial district to which said county is attached, for a' period not less than four weeks, alndl such notice shall state the period of time for which such agreement will remain in force. (~ 404.) SEC. 9. In every county having such agree- D u t y o f Icourts and ment with the said City of Detroit, it shall be the dutv costices in in counties of every court, Police Justice, Justice of the Peace, or tracktngon. other magistrate, by whom any person, for any crime or 237 AC2S OF THE LEGISLATURE. HOUSE OF CORRECTION. misdemeanor not punishable by imprisonment in the State Prison, may be sentenced for any term not less than sixty days, to sentence such person to the Detroit House of Correction, there to be received, kept and employed, in the manner prescribed by law, and the rules and discipline of the said House of Correction; and it shall be the duty of any such court, Police Justice, Justice of the Peace, or other magistrate, by a warrant of com mitment duly issued by the court, justice or magistrate declaring such sentence, to cause such person so sein tenced, to be forthwith conveyed by some proper officer to said House of Correction. Dunt of ( 405.) SEC. 10. It shall be the duty of the Sheriff, Sheriffs and Constab 1 e s * n cou'nties Constable, or other officer in and for any county having making contract. such agreement with said city of Detroit, to whom any wanrrant or commitment for that purpose may be directed by any court or magistrate in such county, to convey such person so sentenced, to the said Detroit House of Correction, and there deliver such person to the keeper or other proper officer of said House of CorrectioIn, whose duty it shall be to receive such person so sen tenced, and to safely keep and employ such person for the term mentioned in the warrant or commitment, ac cording to the laws of said House of Correction, and the oflicer thus conveying and so delivering the person Fees of of- or persons so sentenced, shall be allowed such fees or flicers. compensation therefor as shall be prescribed or allowed by the Board of Supervisors for the county in which such person shall have been convicted. State Prison (~406.) SEC. 11. Thie Inspectors of the State Prison Inspectors may contrlct fort cntnrnt may contract with the said City of Detroit, or any m' t of criminals. duly authorized agent or officer in behalf of said city, 238 CHAPTER V. ACTS OF THE LEGISLATURE. HOUSE OF CORRECTION. CHAPTER V. for the confinement and maintenance, in the Detroit House of Correction, of persons convicted of any offense punishable by imprisonment in the State Prison: f Pro- Compensa. tion. viced, That the compensation to be paid for such confinement and maintenance, shall not exceed the sum of one dollar per week; and upon the completion and execution of any such contract, the Inspectors of the State Prison and of the said House of Correction shall give public notice thereof' in some weekly newspaper, in Notice of contract, each county in which a weekly newspaper is published, how given after which any male person, under the age of twentyone years and above the age of sixteen years, who shall be convicted of any offense, murder and treason excepted, punishable by imprisonment in the State Prison, may, in the discretion of the court before whom such conviction shall be had, be sentenced to imprisonment in the Detroit House of Correction; and every male between the ages of sixteen and twenty-two years, who shall, for the first time, be so convicted, shall be sentenced to said Detroit House of Correction. And every female, who shall be so convicted, shall be sentenced to said House of Correction.9 And every person so sentenced shall be received into the said House of Correction, and shall be kept and employed in the manner prescribed by law, and shall be subject to the rules and discipline of said House of Correction. (~407.) SEC. 12. It shall be the duty of the Sheriff Sutr of the of any county within which any person shall be convicted and sentenced, as in the eleventh section of this f See Section 416, post. g See case of Elliott vrs. The People, 13 Mich., 365. 239 A CTS OF THE LEGISLATURE. CHAPTER V. HOUSE OF CORRECTION. act provided, to convey such person to the said House of Correction, and deliver him or her to the Superin tendent thereof, for which such Sheriff shall be paid the Fees of same fees and compensation allowed for conveying per sons to the State Prison. (~ 408.) SEC. 13. All provisions of law authorizing the commitment and confinement of males under sixteen, and females under fourteen years of age, in the jails, work - houses or houses of correction in the City of Detroit, are hereby made applicable to all persons who may or shall be, under the provisions of this act, sen tenced to the said Detroit House of Correction. xpensesof (o 409.) SEC. 14. The expenses of maintaining the House of C o rreetion, how to be said House of Correction, over and above all receipts for defrayed. the labor of persons confined therein, and for the sup port of those whose support shall not be chargeable to the County of WVayne, or be otherwise provided for, shall be audited and paid, from time to time, by the Common Council of the City of Detroit, and shall be raised, levied and collected as part of the ordinary ex penses of said city. Insect'rsto (~ 410.) SEC. 15. Whenever the said House of Corma certificates; wher( filedandup- rection shall, in the opinion of the Board of Inspectors, on who ili served. by this act created and established, or a majority of them, be so far conipleted as to insure the safe confine meneit and emnployment therein, of persons intended to be therein confined, they shall make duplicate certificates thereof under their hands and seals, one of which they shall file in the office of the Clerk of Wayne County, and the other shall be served upon the Sheriff of said county, and the said Sheriff shall thereupon transfer all such persons to the said House of Correction, and the 240 ACT,S OF THE LEGISLATURE. HousE OF CORRECTION. CHAPTER V. Superintendent thereof shall receive such persons and safely keep them for the term for which they are sentenced, and employ them according to the discipline and rules established for the government of said House of Correction. (~ 411.) SEC. 16. Immediately after filing the certi- COertilflcate to be pub lished ficate of completion as aforesaid, the said Inspector shall cause a copy thereof to be published in at least three newspapers published in said county, and thereafter it Wih'tofrend ers trolol Wayne Co. shall be the duty of every court or Imagistrate in the to be con lined in. said County of WVayne, authorized by law to sentence or commit any person to the county jailh of said coun ty as vagrants, common drunkards, disorderly persons, common prostitutes, or for assault and battery, petit larceny, or other offenses punishable by imprisonment in the county jail, or by virtue of any final sentence of conviction except for contempt, to sentence such person to be confined in the said House of Correction, there to be received, kept and employed according to law under the rules and regulations of said House of Correction. And it shall be the duty of all officers having the exe-Dutyofomf. cers to con vey prisoncution of the final process of any court or magistrate erys tori.sn sentencing convicted persons to said House of Correction, to cause such convicts to be conveyed forthwith to said House of Correction, and such officer or officers shall be paid therefor, the fees allowed by law for con-Feesofoff cers. veying persons to the county jail. But this section shall Exception. h Under this section it was held in Elliot vs. The People, 13 Mich., 365, that there is no power in any court to sentence persons to the House of Correction, except those who may be punishable by imprisonment in the county jail. Also, that such persons can be sentenced to the House of Correction for no longer period than would have been lawful in the county jail. 241 ACTS OF THE LEGISLATURE. CHAPTER V. HOUSE OF CORRECTION. not apply to those juvenile offenders, who, by law, may be sent to the reform school at Lansing.i Power to (~ 412.) SEC. 17. It shall be lawful for any justice sentence. n vagrants to C orrectiof of the peace, police justice, or other magistrate having C o rrection. jurisdiction thereof, in the County of Wayne, or in any other county, having an agreement with the City of Detroit, for the confinement and maintenance of convicted persons in said House of Correction in all cases of com plaint for vagrancy to commit any person except such juvenile offenders as are mentioned in the last preceding section, convicted on such complaint before such justice or magistrate to said House of Correction for a term not exceeding six months. ;Escap or Ebsraceo (~ 413.) SEC. 18. Every person lawfully committed Iouse of Correction to said House of Correction, who shall escape from or with intent, etc. etc. break said House of Correction with intent to escape therefrom, or who shall attempt by any force or vio lence, or in any other manner to escape from said House of Correction, whether such escape be effected or not, Penalty. shall, upon conviction thereof, be punished by confine ment in said House of Correction for a term not exceed ing double the term for which he or she was so sen tenced, to commence from and after the expiration of his or her former sentence. Trfemalnsferm (~ 414 C. 19. Upon the completion and executhe State Prison. tion of a contract for the confinement and maintenance of persons liable to imprisonment in the State Prison in the said House of Correction, as provided in section eleven of this act, it shall be competent and lawvful for the Inspectors of the State Prison to transfer to said House i See Compiled Laws, Section 6243. 242 ACTS OF THE LEGISLATURE. HOUSE OF CORRECTION. CHAPTER V. of Correction all females confined ill the State Prison, and such persons so transferred shall be received into said House of Correction, and there confined and employed for the unexpired term of their sentences respectively. (~415.) SEC. 20. The Superintendent of said House Seur enrin t ~ ~~~~~~~~tend ent to keep record of Correction shall cause to be kept a record of each of ofrences against disand all infractions of the rules and discipline of said cipline. House of Correction, with the names of the convict or convicts offending, and the date and character of each offense; and every convict sentenced for one or more years, whose name does not appear upon such record, shall be entitled to a deduction of three days per month from his or her sentence, for each month they shall continue to obey all the rules of said House of Correction. An Act supplementary to an act entitled "An Act to establish the Detroit House of Correction, and authorize the confinement of convicted persons therein. [Approved Larch 27, 1867. Laws of 1867, Vol. I, p. 175.] (~ 416.) SECTION 1. The People of the State of Xich- Females li able to State Prison to be igan enact, That hereafter, whenever any female shall, Hsent t0 in any court of the State of Michigan, be convicted of Correction. any crime or offense, except murder, which would under the existing laws of this State subject her to confinement in the State Prison, that the court by or before whom she shall be so convicted, shall sentence her to confinement in the Detroit House of Correction, instead 243 ACTS OF THE LEGISLATURE. CHAPTER V. HOUSE OF CORRECTION. of the State Prison, for such term as the said court Duty of Su- shall deem just; and it shall be the duty of the Superi nt e nd- ent. perintendent of said House of Correction to receive and securely keep all females so convicted, sentenced and committed to said House of Correction, until the term of her or their sentence has expired, or until she or they are otherwise duly discharged by law or competent authority.j Commuta- (~ 417.) SEC. 2. Whenever the sentence of any fetion of sen tence. male now conifined in the State Prison shall be by the Governor or other competent authority, commnuted to con finement for any period in the Detroit House of Correc tion, it shall be the duty of the agent of said State Prison to at once transmit such person in proper and safe custody, to the Superintendent of said House of Correction, whose duty it shall be to receive and safely keep her in said House of Correction until the expira tion of her sentence as commuted, or until she is other wise discharged by due process of law.k Confinem'nt (~ 418.) SEC. 3. Hereafter, when any person found in House of Cor ret ion for o,)a-giv- guilty of disorderly conduct or breach of the peace by ing baigl to State court. any court of said State, in any county, having, with the City of Detroit or its duly authorized agent, an agree ment such as is specified and provided for in section eight of said act, to which this is amendatory, shall be sentenced to give bail for good behavior, or upon other condition, it shall be competent for the court by or be fore which such person is convicted, to sentence her or i See Section 406, ante. k The operation of this and the foregoing section, may be terminated by the Governor. See Section 422. 244 ACTS OF THE LEGISLATURE. IHIOUSE OF CORRECTION. CHAPTER V. him to confinement in said House of Correction for the non - giving of or until such bail is given, and the Superintendent of said House of Correction shall receive and safely keep the person so committed until the term of commitment has expired, or until he is served with a certificate signed by a circuit judge of the circuit in which is included the county where such person was convicted, stating that by giving of bail, or otherwise, the terms of the sentence or commitment of such person have been complied with. (~ 419.) SEc. 4. Whenever any court of the Unlited Sentence to House of Cor r ec t ion States, ill or sitting within the State of Michigan, or by rtu. S. I ~~~~~~~~~~~~~~~~~~~Courts. ally officer thereof, shall order or sentence any person, upon conviction, to be confined in the Detroit House of Correction for any period of time, or for want of bail, or for any other cause, it shall be the duty of the Superintendent to receive such person, and him or her safely and securely keep until the terms of such order or sentence are fully complied with. (~ 420.) SEC. 5. All laws now in force, applicable Labwls appli cable to perto persons confined in the State Prison, shall be and sHonuse in Co r rec t ion are hereby made applicable to all persons who are, or satate as in State Pris'n, hereafter shall be confined in said House of Correction, who have been transferred to said house from the State Prison, or who shall be sentenced to confinement in said house, on conviction of any offense punishable by confinemnent in the State Prison. (~ 421.) SEc. 6. All acts and parts of acts incon- A ct s re pealed. sistent with the provisions of this act are hereby repealed. (~ 422.) SEc. 7. At any time after two years f'om Governor to terminate the passage of this act, the Governor of the State of operations of sections one and two. Michigan may, in his discretion, by a certificate under 245 ACTS OF THE LEGISLATURE. HOUSE OF CORRECTION. his hand and seal of the State, filed in the Secretary of State's office, terminate the operation of sections one and two of this act, at a time therein to be stated, a copy of which certificate shall be published in three papers in this State for three weeks prior to the time so stated, and a copy of such certificate shall be sent by the Secretary of State to each judge of a circuit court and to each prosecuting attorney in the State, at least sixty days before the time so stated. 246 CHAPTER V. ACTS OF THE LEGISLATURE. FIRE DEPARTMENT. CHAPTER VI. FIRE DEPARTMENT. SECTION 423. Board of Fire Commissioners created. 424. Commissioners named; terms of office. 425. Removals. 426. Oath of office. 427. Powers and duties of Board. 428. By what name to be known. 429. Powers and duties of the Commis sion; exclusive power. 430. Fire apparatus; houses, hydrants, etc. 431. Possession of property, implements, etc. 432. When office is deemed vacant. 433. Estimate of expenses to be submit ted to citizens' vote; Fire Com mission fund; Treasurer of Board. 434. Money drawn on warrant. 435. Offices to be provided; Fire Mar shall; Salaries of firemen. 436. Right of way; penalty for refusing. 437. Property transferred to Commis sioners. 438. Firemcn exempt from military and jury duty. 439. Seal of Commission; right to sue; fines and penalties. SECTION 440. Hydrants and fire cisterns; when engines may be sent out of city. 441. Former Fire Marshall's office abol ished. 442. Acts repealed. 443. Board may establish rules. 444. Annual report of Commissioners. 445. Expenses of Department to be paid by tax. 446. Books, etc., to be subject to inspec tion of Mayor and Controller. 447. Act to take immediate effect. 448. Fire Department incorporated; may have a seal and hold real estate. 449. May make by-laws; disposition of funds. 450. Officers of Department; Board of Trustees. 451. Annual meeting of Department. 452. First officers appointed. 453. Interest of funds; how appropriated. 454. Certificates, how obtained; their effect. 455. Yearly list of members to be made for City Clerk. 456. The act made a public act. 457. Act may be modified or repeal e d. 458. Repeal'of inconsistent acts. An Act to create a Fire Commission in the City of Detroit. [Approved March 26, 1867. Laws of 1867, Vol. I1, p. 931.] (~ 423.) SECTION 1. The People of the State Of Board of 'Mic ~ eat htlthpoe an duis commissionXVichiyant enact, That all the powers and duties con-ers' nected with and incident to the government and discip line of the Fire Department of the City of Detroit, shall be, as hereinafter more especially provided, vested in and a This act supercedes Chapter X, Part I. 247 CHAPTF,R VI. ACTS OF THE LEGISLATURE. FIRE DEPARTMENT. exercised by a board, composed of four commissioners, a majority of whom shall constitute a quorum for the transaction of business. Namesof. (~ 424.) SEC. 2. There are hereby appointed as such Term of of- commissioners, William Duncan, who shall hold his office fice. for the term of five years; Theodore H. Hinchman, who snall hold his office for the term of four years; James WV. Sutton, who shall hold his office for the term of three years; and Lucretius H. Cobb, who shall hold his office for the term of two years; and every commis sioner appointed at the end of said terms shall hold his office for four years, or until his successor is appointed, except in cases of death, resignation or removal, and all successors shall be appointed by the Common Council on the nomination of the Mayor. Removals. (~ 425.) SEc. 3. Any member of said Board of Com missioners, may at any time be removed by a vote of two-thirds of the members elect of the Common Council of said city for sufficient cause, and the proceedings in Proviso. that behalf shall be entered on their journal: Protided, that the said Common Council shall previously cause a copy of the charges preferred against such member sought to be removed, and notice of the time and place of hearing the same, to be served on him ten days at least previous to the time so assigned, and opportunity be given him to make his defense personally and by counsel. Oath of of- ( 426. ) SEC. 4. Imtmediately after their appointment, :Gee. such Commissioners shall meet in the office of the City Comptroller of the City of Detroit, and file with the Comptroller the oath of office prescribed for the city officers,b and the Comptroller shall give to each a b See Section 17, aite. 248 CHAPTER VI. ACTS OF THE LEGISLATURE. FIRE DEPARTMENT. certificate of appointment for the respective terms of office aforesaid. (~ 427.) SEc. 5. Said Commissioners, on being quali- Meeting to oganize, fled, shall meet and organiize by electing one of said Commissioners to be president, atnd appointing a person to be secretary; whereupon they shall possess and have Power and authority. all the power and authority conferred upon or possessed by any and all persons in the City of Detroit, for the prevention and extinguishment of fires, and to the exclusion of all such persons, together with such other powers and duties in said city, as are hereinafter con- ferred. (~ 428.) SEc. 6. Such Commissioners shall take and Howknown. have, as provided by this act, control and management of all officers, men, property, measures and action for the prevention and extinguishment of fires within the said city, to be organized as herein provided, and to be known as the "Fire Coinmmission of the City of Detroit." (~ 429.) SEc. 7. The said Fire Commission is here- Powers and duties. by empowered and directed to possess and exercise fully and exclusively all the powers and perform all the duties for the government, management, maintenance and direction of the Fire Department of the City of Detroit and the premises and property thereof, which at the time of the organization of the said commission, were possessed by or under the control of the Common Council of said city, and the officers of the Fire Department of said city or the officers or employees of said city, said powers and duties to be performed and exercised, and said property used in the said city or otherwise, as hereinafter provided. And the said commission shall Epoxclusivo ~~hereafter have sole and exclusive ~power and authority to hereafter have sole and exclusive power and authority to 249 CHAPTER VI. 17 ACTS OF THE LEGISLA TrRE. FIRE DEPARTMENT. Acts re-extinguish fires in said City of Detroit; and all acts conpealed. ferring upon any other officer and officers any powers in relation to the extinguishment of fires in said citv are hereby repealed. Fire appa- (~ 430. ) SEC. 8. It shall be the duty of the Board ratus. of Commissioners, subject to the provisions of this act, to provide in and for said city, all needed supplies, horses, tools, implements, engines, and apparatus of all kinds, for the extinguishment of fires; to provide fire Hydrsaentsand telegraphs; to select suitable locations for engine houses, reservoirs and fire - hydrants, and to buy and to sell the same, in their discretion; and also, to construct, repair and maintain edngine houses, reservoirs, and fire-hydranlts, as they shall judge best, where [and] so long as the construction, repair and maintenance thereof are not other wise by law committed to another board, and to take all such action in the premises, as may be necessary and proper for carrying into effect the duties herein required. Po ss ession (~ 431.) SEc. 9. The Commission hereby created is of premises,: implements, etc. hereby emnpoweredcl and directed to possess and exercise full and exclusive power and discretion for the govern ment, management, and direction of the several buildings, premises and property, and appurtenances thereto, and all apparatus, hose, implements, and tools of any and all kinds, which, at the time of the appointment of the Commissioners aforesaid, shall be under the charge and control of any and all city officers, or officers of the Fire Departmnent in said city, for the use and benefit of the Fire Department of the City of Detroit; and it shall be the duty of any and all persons in possession of any property, real or personal, belonging to or set apart for, *or in use by or for the Fire Department of said city, 250 CHAPTER VI. Act-., repealed. AC TS OF THE LEGISLA TURE. FIRE DEPARTMENT. CHAPTER VI. to deliver the same to the possession and control of the said Commission. (~ 432.) SEC. 10. Any one of said Commissioners Whlien ofce is deemed vacated. shall be considered as vacating his term of office in the event of his accepting or holding any political office, and any Commissioner who shall, during the term of his officee, be publicly nominated for any office elective by the people, and shall not decline the said nomination within ten days succeeding notice of the same, shall in either case be deemed to have vacated his office. (~ 433.) SEc. 11. It shall be the duty of the Com- C(ommis sioner's esmissioners to prepare and submit to the Common Coun- tpemnastees.fecil, on or before the first day of May in each year, an estimate of the whole cost and expense of providing for, and maintaining the Fire Department of said City, within the current fiscal year, not exceeding eighty thousand dollars for any one year, which estimate shall be in detail, specifying the objects of expenditure, the sums desired bfor each, and the reasons for the same; such esti- Estimate submitted mates, or so much thereof as the Common Council shall to vote of citizens. approve, shall be submitted to the approval of the citizenls of said city, at the meeting required by law for the approval of certain annual taxes, voted by said Common Council, and so muchl of said estimates as shall be approved by said citizens' meeting, shall be placed upon the general or other proper assessment rolls, and shall be assessed, levied and collected the same as other citytaxes. Said money, when collected, shall be paid into Detroit fAre coin mission the city treasury, and shall be styled the "Detroit Fire fund. Commissioni Fund," and shall be drawn out therefrom for the purpose of said commission. Under the fiscal regu- Treasurerot latios establishe b this act the cit treasurer for the te Board. lations established by this acts the city treasurer for the 251 ACTS OF THE LEGISSLAT[RE. CHAPTER VI. FIRE DEPARTMENT. time being is hereby appointed treasurer of the Fire Commission Board, who shall on check or voucher, duly disburse said fund by order of such Commissioners, for the purpose of this act, and paid over to the treasurer appointed by said Commissioners for disbursement unider their direction. M on e y s (~ 434.) SEC. 12. All moneys hereafter to be paid drawn upon warrant. at to any person or persons out of the fire commission fund, shall be certified by the president or acting presi dent of said commission to the secretary, who shall draw his warrant on the treasurer therefor, stating therein the fund to which it is chargeable, and the person to whom payable; and such warrant shall be countersigned by the president, or in his absence by the acting president of the Fire Commission, [and] the city treasurer shall pay said warrant. Oriffides pro- (~ 435.) SEc. 13. Said Commissioners shall provide ,,ided. such offices and business accommodation for the transac tion of their business, and that of their subordinates, in Fire Mar- said City of Detroit, as shall be necessary; they shall shal. have power to select a chief and one or more assistant engineers- one of whom, to be designated by the Com missioners, shall discharge the duty of fire marshal- who may be allowed proper compensation, together with engineers, foremen, drivers, pipemen, firemen and other officers that may be necessary for the efficient working Proviso. of said department: Provi(Zed,,. That the number of men to each fire engine, or hook and ladder company shall not exceed twelve, who shall discharge such duties as e See Section 441, po)t. 252 ACTS OF THE LEGISLATURE. FIRE DEPARTMENT. CHAPTER VI. may be designated, and be at all times under the control of and subject to removal by said Commissioners: Providled further, That the salary of the chief engineer Proviso. and assistant engineers shall not exceed two thousand [dollars] per annum; the salaries of engineers of steam Salaries of firemen. engines shall not exceed one thousand one hundred [dollars] per annum; the salaries of supply - men and foremen shall not exceed nine hundred dollars; the salary of the secretary of said board shall not exceed one thousand dollars per annum, and the salary of no other member of said force shall exceed eight hundred [dollars] per annum. (~436.) SEc. 14. The aforesaid officers and men, with Right of way. their apparatus of all kinds, when on duty, shall have the right of way going to and at any fire, or in any highway, street or avenue, over any and all vehicles of any kind, except those carrying the iUnited States mail; and any person in or upon, or owning any vehicle, who Penalty for refusing. shall refuse the right of way, or in any way obstruct any fire apparatus, or any of said officers while in the performance of duty, shall be guilty of a misdemeanor, and be liable to punishment for the same. (l 437.) SEc. 15. On and after the organization of Transfer of all property to commisthe commission, all real estate, fire apparatus, hose, im- sioners. plements, tools, bells and bell towers, fire telegraph, and all property of whatever nature then or theretofore in use by the firemen or Fire Department of the City of Detroit, belonging to said city, shall be transferred by all persons having charge of the same to the keeping and custody of the Fire Commissioners hereby created, and for the use thereafter of said Commissioners; but the said property shall remain the property of the Mayor, 253 ACTS OF THE LEGISLATURE. CHAPTER VI. FIRE DEPARTMENT. Aldermen and Common Council of thie City of Detroit, subject to the public uses of the said Commissioners as aforesaid, and for the purposes provided by this act. CtompofeCnsa (~ 438.) SEC. 16. Said Comnmissioners shall receive no missioners. F i r e m n compensation whatever for their service, but all persons exempt fr'm military and jury duty. employed by them as firemen shall be exempt from mili tary and jury duty while so employed. C omm on (~ 439.) SEC. 17. Tile Commission hereby created seal and owers of o miner is-fmay adopt a common seal and direct its use, and in the sion. name of its president may institute and maintain suits and proceedings at law and in equity, and maay pay any costs, expenses or judgments thereill, for the enforcement of its rights and contracts, and for the protection, pos session and maintenance of the property under its control, Fines and and may also, in like manner, sue for and shall have penalties. exclusive right to recover the fines and penalties men tioned in or imposed by the city ordinances, for the more effective prevention of fires and the better protection of life and property in the City of Detroit, and all sums recovered shall be for the benefit of the funds of said Commission. Hydrants. (l 440.) SEC. 18. All cisterns and fire hydrants be longing to or now in use by the Fire Department of the City of Detroit, are hereby transferred to the conEnginess'nt trol of said Commission, and it shall be competent for out of the city. said Commissioners at any time, in their best judgment, to send any steam, fire or other engine with hose and apparatus, to the relief of any community in the vicinity of said city. ohfficed abol- (~ 441.) SEC. 19. The office of Fire Marshal, as now ished. existing in said City of Detroit, is hereby declared to be abolished fromn and after the organization of said 254 ACTS OF THE LEGISLATURE. FIRE DEPARTMENT. Commission, and the duties thereof transferred to the person who shall be designated therefor, as provided in section fourteen of this act.d (~ 442.) SEc. 20. All acts and parts of acts contra- Aseatd re-. p~ealed. vening the provisions of this act are hereby repealed, but such repeal shall not take effect until the actual organization of the Commission hereby created, and provided that nothing herein contained shall affect the rights of the corporation known as the Fire Department of the City of Detroit, organized January twentieth, eighteen hundred and forty,e under its acts of incorporation, and acts amendatory thereof. (~ 443.) SEc. 21. Said Board shall have power to rimiesestab flished by 0 adopt such rules and regulations for the government of tile Board. the force created by this act, as they shall deem fit and proper, not inconsistent with the laws of this State, and the violation of such rules and regulations shall be sufficient and good cause for dismissal from the force. (~ 444.) SEc. 22. The Board of Commissioners shall commi s Isiolier's anon or before the first Monday in April in each year, re- nual report. port in writing, the condition of the Fire Department within the said city, to the Common Council, together with a list of fires, alarms, losses and insurances on all property destroyed during the year. ( ~ 445.) SEc. 23. The Common Council of Detroit Expense of department to be paid are hereby empowered and directed, annually to order by te.Paid. and cause to be collected and raised by tax upon the estates, real and personal, subject to taxation according to law, within the said city of Detroit, the sums of d This evidently refers to Section 13 of this act. See Section 435, ante. See Section 448, et post. 255 CHAPTER VI. insurances on all ACTS OF THE LEGISLATURE. CHAPTER VI. FIRE DEPARTMENT. money, as aforesaid, annually estimated, for the said total expense of the said Fire Department, authorized by this act. mnspection If ostes ti (~ 446.) SEc. 24. The books and accounts kept by o f books and acc'nts. said Board shall, at all times, be subject to the inispec tion of the Mayor and Controller; and the Common Council may, at any time, require any information re specting the same, the disclosure of which will not im pair the usefulness and efficiency of the Fire Depart ment. (~ 447.) SEc. 25. This act shall take immediate ef fect. An Act to incorporate the Fire Department of the City of Detroit. [Approved February 14, 1840. Laws of 1840, p. 13.] Preamble. Whereas, The members of an association, known as the "Fire Department of the City of Detroit," have petitioned the Legislature to grant them an act of incorporation, to enable them the more effectually to accomplish the objects of their organization, and to provide means for the relief of disabled firemen and their families: Therefore, Fire Depart- (~ 448.) SECTION 1. Be it enacted by the Senate and ment of Detroit a body -fUC0_ersi~ctvso h tt corpoaratedY ouse of Representatives of the Stte f Moichigan, That all persons who now are, or may hereafter become mem bers of the Fire Department of the City of Detroit, and 256 lk ACTS OF THE LEGISLATURE. FIRE DEPARTMENT. their successors, shall be, and hereby are ordained, constituted, and delared to be, and continue a body politic and corporate, in fact and in name, under the name and style of "The Fire Department of the City of Detroit," for the purposes recited in the above preamble, and by that name they and their successors may and shall have perpetual succession, and shall be known in law, capable of suing and being sued, of pleading and being impleaded, of answering and being answered unto, of defending and being defended, in all suits, complaints, matters, causes, courts, and places whatsoever, and both in law and equity; and capable of having a common seal; May have a seal and of acquiring, by purchase, gift, devise, or otherwise; and lestt.al of holding and conveying any real, personal, or mixed estate, necessary, proper, or expedient, for the objects of this incorporation: Provided, That the amount of said Proviso. estate shall at no time exceed the sum of sixty thousand dollars. [As amended by Laws of 1859, p. 8.] (~ 449. ) SEC. 2. The members of the Fire Depart- May make by-laws, etc. ment of the City of Detroit, hereby incorporated, shall have, and are hereby declared to have, full power and authority to make and prescribe such by-laws, rules, or dinances, and regulations, and the same to alter, amend, and change at pleasure, as to them, from time to time, shall seem needful or proper, touching the management Relative to disposal of and disposition of their funds for the objects aforesaid; unds touching the regular and special meetings of the depart-Meetings. ment; the regulation, duty and conduct of their mem- Conduct of m em b e rs adoficers. bers, delegates, and Board of Trustees; the election and Eanldcotiffonef same. displacing of officers and delegates; the admission and ex- Admission and expul pulsion of members; the filling of vacancies in offices; bsielnsfmem and touching every other matter and thing necessary or Fcaillciegs, evtac. 257 CHAPTER VI. ,AC4TS OF THE LEGISLATURE. FIRE DEPARTMENT. expedient for the good government and promotion of this incorporation, or which appertains to the business and objects for which the said incorporation is, by this act, Proviso. instituted: Provided, That such by -laws, rules, ordi nances, and regulations be not repugnant to the consti tutional laws of the United States, or of this State. Officers of (~ 450.) SEC. 3. The officers of said department, by department. this act incorporated, shall be a President, Vice Presi dent, Secretary, Treasurer, and Collector, who, together with the Chief Engineer of the Fire DI)epartment, and the delegates firom the several fire companies, and other bodies, pursuant to the provisions of the constitution and Board of bv-laws of the department, shall constitute a board of I rustees. trustees, a majority of whom shall be a quorum for the transaction of business; and said officers and delegates, separately, and as a board of trustees, shall do and per form such duties and things as may be incumbent upon, or required of them, by the constitution or by - laws of the department. A nn u a 1 (~ 451. ) SEC. 4. There shall be an annual meeting meeting of Fire Department. of the members of said corporation on the third MIonday of January in each year, at which the officers shall be elected by ballot, by a majority of the members present, from their own body. And the officers elected shall hold their offices for one year, or until others be chosen in their places; but in case it at any time happens that an election of officers shall not be made or had on that day, the said corporation shall not be dissolved, but it shall and may be lawful to hold such election thereafter, pursuant to public notice given in one or more of the newspapers printed in said city. 258 CHAPTER VI. ACTS OF THE LEGISLATURE. FIRE DEPARTMENT. (~452.) SEC. 5. Of the Fire Department of the City Namffies of ( ~ ~~~~~~~~~~~~~~~~ofcers for of Detroit, Robert E. Roberts shall be President; Fred- firstyear. erick Buhl, Vice President; Edmund R. Kearsley, Secretary; Darius Lamson, Treasurer; and Elijah Goodell, Collector; who, together with the Chief Engineer of the Fire Department, duly appointed by the Common Council of the City of Detroit, and the delegates chosen as aforesaid, shall constitute the first Board of Trustees, and shall hold their offices until the third Monday of January next, or until others shall be chosen in their stead. (~ 453.) SECt. 6. The interest arising from the filnds Interest of funds ap to'u~~~~~~i-~ r lerliiatef o of the said corporation, except sufficient to defray inci- p~peito indigent and dental expenses, shall be appropriated to the relief of such diseablednirnel their faliindigent and disabled firemen and their families as may lies. be interested in the fund, and who may, in the opinion of a majority of the trustees, be worthy of assistance. (~ 454.) SEC. 7. All certificates now required to be Certificates, how obtainobtained by firemen, firom the Clerk of said city, pur-cdsuant to the provisions of any law of this State, shall hereafter be obtained fromn the department, by this act incorporated; which certificate, signed by the President and Treasurer of this department, and countersigned by the City Clerk of said city, and under the seal of this incorporation, shall have the like effect of those heretofore Their effect. obtained fiom the said City Clerk, and shall be satisfactory evidence of the facts therein contained. And each person applying for such certificate, shall pay therefor such sum as the by - laws of the department shall prescribe, for the benefit of the corporation, and the objects thereof. (~ 4.55. ) SEC. 8. It shall be the duty of the Board i,rtoftmoe-e b~ets to be made out of Trustees to mnake out and deliver to the City Clerk, ygearly anuf Clerk.ity Clerk. 259 CHAPTER VI. ACTS OF THE LEGISLATURE. FIRE DEPARTMENT. once in each year, or whenever he may request it, an accurate Gist of all the members of this corporation, who are exempt from jury or military duty, that they are, or may become, entitled to the benefits thereof. Thls is a ( 456.) SEC. 9. This act is hereby declared to be public act. ( a public act, and the same shall, in all courts and places, be regarded benignrly and favorably for every beneficial purpose hereby intended. May bed re (~ 457. ) SEC. 10O. The Legislature may alter, modify pealed or mamoiy modified. amend, or repeal this act, by a vote of two - thirds of each House. Acts incon- (~ 458.) SEC. 11. All acts and parts of acts which sistent herewith, repealed. contravene the provisions of this act, are hereby repealed; and this act shall take effect from and after its passage. 260 CHAPTER VI. AC7S OF THE LEGISLA2URE. CEHAPTER VII. CHIAPTER VII. TAXES., SECTION 459. Duty of Assessor; warrant. 460. Duty of County Treasurer; account of. 461. Powers of Collector; Clerk to give notice of filing bonds; Treasurer to give notice of amount of b onds; Collecs tors to file bonds. 462. When tax rolls to be delivered to collectors. SECTION 463. Duty of Treasurer on return of rolls. 464. Act not applicable to certain taxes. 465. Citizens to vote on tax to raise bounty bonds. 466. Interest on bonds; tax to pay the principal. 467. Limitation to the bounty fund of 186 2. 468. Act to take immediate effect. An Act to provide for the collection of State and County taxes in the City of Detroit. [Approved March 20, 1863. Laws of 1863, p. 423.] (~ 459.) SECTIOX 1. The People of the State of Mich igan enact, That hereafter, when the assessment rolls of Duty of as sessor. the different wards in the City of Detroit, for city taxes, are annually, fully and finally confirmed, as prescribed by the provisions of the city charter,b it shall be the duty of the assessor of said city to make a copy of the assessment roll of each of said wards, to be known as the State and county tax rolls, upon which he shall, upon receipt of the certificate of the Clerk of the Board of Stupervisors of said county, stating the amount of taxes apportioned to each ward, ratably assess the coun ty and State taxes, as provided by the general laws of the State, to each of which tax rolls he shall annex a Warrant. a For laws relating to school taxes, see Chapter IX, Part II. b See Section 242, p. 139. 261 TAXES. ACTS OF THE LEGISLATURE. CHAPTER VII. TAXES. warrant signed by him, directed to the proper ward col lector, and made returnable on the first day of Febru ary then next, commanding said collector to collect firom the persons severally nanmed in said roll- the several sums mentioned in the last column thereof, opposite their re spective names, with four per cent. as fees for collection, and to account for and pay over to the County Treas urer of WTayne county all the moneys so collected, on or before the said first day of February then next en suing, except said four per cent. collection fees, and said warrant shall authorize every such collector, in case any person namled in any such tax roll shall neglect or re fuse to pay his tax, to levy the same by distress and sale of the goods and chattels of such persons, whereso ever the same may be found within the limits of said city, and shall also require the due and prompt return of all unpaid taxes to be made, which State and county tax rolls and warrants the assessors shall deliver over to the treasurer of said county on or before the fifteenth day of November in each year. Du, tytrof (o 460.) SEC. 2. The County Treasurer, upon the reco'nty treas urer. ceipt of said rolls, is required to cause a notice to be published in two daily papers published in said city for three weeks, stating that said rolls and warrant have been made and deposited in his office by the assessors, where they will remain for thirty days firom the date of such notice, during which time said taxes may be paid to the County Treasurer without being subject to payment of any per centage for collection, and such treasurer will grant his receipt for every tax so paid, Account of and mark the same as paid on the roll; and said treastreasurer. urer shall keep a correct account of all the extra 262 ACTS OF THE LEGISLATURE. CHAPTER VII. expenses incident to the collection of said taxes under this act, and deliver a true statement of the amoutnt thereof to the Board of Supervisors at their annual session in each year, who shall apportion the same among the several wards of said city, according to their respective valuations, which shall be collected and paid into the county treasury, the same as other county taxes, and credited to the contingent fund of said county. [As an?ee(Iled by Lws?s of 1865, p. 147.] (~ 461. ) SEc. 3. The collectors of said wards re- rowers of collectors. pectively, shall have the same power, and perform the same duties, in the collection of said taxes, as are now required by the general tax law to be performed by a township treasu'er, so far as the same may not be inconsistent with this act.c Whenever any person elected Cl'rktogive notice of fil ing of bonds or appointed collector of any ward in said city shall and oath. have qualified and filed his bond, as required by the charter of said city, it shall be the duty of the City Clerk to give written notice thereof to the County Treasurer; it shall be the duty of the County Treasurer, on Tre'surerto give notice ofamountof or before the tenth day of December, in each year, to bondsre quired. notify in writing each of said collectors of the amount of bond required to be given by him, which amount shall be fixed by said treasurer, and shall be at least double the amount to be collected by the collector. The Collect'rsto file bonds within five collectors shall respectively, and within five days after days. receiving such notice, file their official bonds to said treasurer, and his successors, with the County Treasurer, and they shall be conditioned as township treasurer honds now are required to be; they and the sureties thereto See Section 73, p. 42. See also, Compiled Laws, p. 298, et post. 263 TAXES. ACTS OF IHE LEGISLATURE. CHAPTER VII. TAXES. shall be approved by said treasurer, and the said col lectors and their respective sureties shall be subject to be proceeded against for the non - performance of their Failure to duties, as said township treasurers may be;d in case any vacate of fice. collector shall fail or neglect to file his official bond within the time prescribed, his office shall be deemed Comcilm onay vacant, and the Common Council may appoint some perfill vacancy. son, who shall in his stead collect the State and county taxes of the ward, and who shall qualify, and file a bond, as the collector should have done, and who will be subject to all the liabilities and duties, and entitled to all the emoluments of a collector of said ward, in re spect to State and county taxes. [As amended by laws of 1865, p. 508.] When tax (~ 462.) SEC. 4. On the expiration of the time limrolls to be \eprto delivered to collectors. ited for the payment of taxes into the County Treasur er's office, as aforesaid, and as soon as said collector's [bonds] shall have been approved of, it shall be the duty of said County Treasurer to deliver to said several collectors their appropriate tax rolls and warrants for collection, taking their respective receipts therefor. Duty of Co. (~ 463. ) SEC. 5. When the said State and county Tre'surer on return of tax rolls. tax rolls are returned to said treasurer by said collectors, and the proper returns made, as required by the general tax law, and the requisite affidavit annexed of the un paid taxes, it shall be the duty of said County Treas urer carefully to preserve all such tax rolls, warrants, returns and affidavits in his office; and it shall be the duty of said County Treasurer, in due time, to make re turns to the Auditor General of such unpaid taxes, ac cording to law. a See Compiled Laws, Section 844, et post. 264 ACTS OF THE LEGISLATURE. TAXES. CHAPTER VII. (~ 464.) SEc. 6. This act shall not apply to the as-Not to ap ply to taxes scssment and collection of taxes in the City of Detroit of 1863. for the year one thousand eight hundred and sixty-three. An Act to.rovide for paying or funding the Bounty Fund raised by the citizens of Detroit. [Aplroved JIarch 6, 1863. Laws of 1863, p. 66.] (~ 465.) SECTION 1. The People of the State of Mich- Ifiposition ' ~~~~~~~~~~~of a tax; citizens to iyan, enact, That at the public meeting of the citizens vote there on. of Detroit, to be held during thle present year, to take into consideration the taxes proposed to be raised for the fiscal year eighteen hundred and sixty - three, the said citizens shall also vote whether or not they will consent to the imposition of a tax, or the issuing of bonds, to repay, with interest, the sum advanced by sundry persons or associations, under authority of resolutions passed by the Common Council of the City of Detroit, July twenty - fourth and August twenty - sixth, eighteen hundred and sixty - two, as a bounty fund to such inhabitants of said city as might volunteer into the military service of the United States; and in case a case of refusal. majority of said citizens, at such meeting, shall refuse their assent to the levying such tax, or the issuinig of such bonds, then no such tax shall be levied, or bonds issued, under this act; but in case the majority of the 15 265 ACTS OF THE LEGISLATURE. CHAPTER YII. TAXES. In case of citizens at such meeting, so to be held as aforesaid, shall assent, tax to be levied. tobeleied consent to the levy of such tax, or the issue of such bonds, then the Common Council of said city are here by authorized to levy a tax sufficient to pay said money so advanced, with interest not exceeding seven per cent., Bonds. or to issue bonds for the amount of said advance, to be known as "Volunteer Bounty Bonds," bearing an an nual interest not exceeding seven per cent., and redeem able within four years fiom the time of their issue; the said tax to be levied, or the said bonds to be issued, according as a majority at said meeting shall specifically determine. Interest on ( 466. ) SEC. 2. If tile majority of said citizens, at bonds. their aforesaid meeting, shall determine that bonds shall be issued for such advance, the said Common Council are hereby empowered, and directed to levy an annual tax to pay the interest on said bonds, and all annual Princ ipal; tax nfor pay- tax of ten thousand dollars to provide for the retirement ment of. of said bonds at their maturity. Lofamithotiy. (~ 467.) SEC. 3. The authority under this act shall be confined solely and entirely to the bounty fund raised during the summer of eighteen hundred and sixty-two, usually called the "Forty thousand dollars Bounty Fund," and shall not apply to any other or future bounties, or issue of city bonds. (~ 468.) SEc. 4. This act shall take immediate effect. 266 I ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. CHAPTER VIII. REGISTRATION AND ELECTIONS. SECTION 469. Registration ordered; Board of; Books; What to contain. 470. City bound to publish notice of meeting; Time and place of meeting; What notice to con tain; Vacancies in Board; Ex penses, how paid. 471, Duty of Board; Sessions of to be public; Registration, how made; Board may question applicants on oath; Penalty for false state ment. 472. Who may not register; Penalty for fraudulent registration. 473. Registration in cities after 1859. 474. Notice to be given; What to con tain; Duty of Inspectors. 475. List to be filed with City Clerk. 476. When registers to be delivered to Inspectors; Name may be regis tered on election day. 477. Registration in townships. 478. Registration in townships in 1859. 479. Registration in townships after 1859; Penalty for fraudulent registra tion. 480. Sessions of Township Boards, when held; Powers and duties; Pen alty for false statement. 481. Who not entitled to register; Pen alty for fraudulent registration. 482. When registers to be delivered to Inspectors; Names may be relis tered on election day; Oath may be administered; Penalty for false statement. 483. Vote may be challenged. 484. Penalty for illeg al voting. 485. Only actual residents to be regis tered. 486. Death and removal of electors; Board to review lists; Provision for subsequent registration; Oath; Penalty for false entry. 487. Copy of township register to be fur nished Township Clerk. 488. Penalty for destroying or falsifying register. SECTION 489. Township Clerk to file copies of reg ister with County Clerk and Town Treasurer. 490. Village elections; Duty of President and Trustees. 491. Voting under assumed name; Pen alty. 492. What courts have jurisdiction. 493. Violation of duty a misdemeanor; Duty of Courts and Prosecuting Attorneys. 494. Report to Secretary of State; Duty of Secretary of State. 495. Compensati o n of Boar d. 496. Member s of Board to take o ath of office. 497. Form of registry. 498. R e-re gistration in Detroit; Notice of meetings of Board; Sessions of; Powers and duties o f Board; F ormer registrations i nvalid. 499. Review of registration; Hlow names to be e ntered; Note of perso ns ceasing to be electors; Wha t ap plicanlts are to state. 500. City Boar d of Re gistr a tion; Meet ing8 and duties of; Pers ons regis tered in more than o ne ward; Oath of applicant; When Board may direct registration; Inte r preter; Penalty for false stat e - m ent. 501. Proceedings when persons not reg istere(d apply to vote; Oath. 502. Review prior to special elections; Notice; Vacancies in Board. 503. Violation of act a misdemeanor. 504. Sessions of Board of Registration. 50,. Repeal of certain sections. 506. Division of wards. 507. Continuance in office after division; Election in new wards; Inspec tors; Session of Board of Regis tration; Duties and powers of Board; Rules in registration; Conduct of elections. 50S. Acts repealed. 267 CHARTER VIII[. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. An Act further to preserve the purity of Elections, and guard against the abuses of the Elective Franchise, by a Registra tion of Electors. [Approved February 14, 1859. Laws of 1859, p. 483.] to ordered. (~ 469.) SECTION 1.a hVte People of tAle Sta(te of Miclton ordered.! iyga enact, That there shall be, in the year one thou sand eight hundred and fifty - nine, a registration of the Board of qualified electors of the State. The Aldermen of every PRegistrat'n. incorporated city, and the Supervisor, Treasurer, and Clerk of every township, shall constitute a Board of Registra tion for such city or township, and their duties shall be Board to as follows: They shall, respectively, provide suitable ro v i de ooks; how .r ranged bound books, or registers one for each township, and and what to contain. one for each ward, so made and arranged as to contain an alphabetical list of the respective books, namles, chris tian or baptismal, and surnames, in full, of all persons declared by the Constitution of the State to be electors and entitled to vote, residing in their townships or wards, and the date of the registration;b and, if the elector re sides in a city, or incorporated village, also his residence by the number of the dwelling and the name of the street, if any, and if none, a description of the locality of the same. REGISTRATION IN CITIES. City boards (~ 470.) SEC. 2. Each city board shall, at least two to j)ublish notice orf menetings of weeks previous to the time of their meeting, in each board. ward, cause to be published in one or more newspapers a See Section 505. b See Section 497. 268 CHAPTER VIII. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. CHAPTER VIII. printed and published in such city, a notice that the Board of Registration will meet on the first Monday of Time and place of metindes October, in the year one thousand eight hundred and ig,natena. fifty -nine, at nine o'clock in the forenoon, to make a perfect list, as near as may be, of all persons residing in such ward, qualified as electors, under the constitution; and designating the place in each ward where said board will meet for that purpose. And they shall also Handbillsto be posted. cause handbills to be posted in at least twenty conspicuous places in each ward, containing a similar notice of the time and place of such meeting of the board for that ward, which notice shall also contain a true copy Whatnotice to contain. of section one of article seven of the Constitution, relative to the qualifications of electors. And the board may so divide and classify themselves, that two or more of them may be assigned to different wards, the more speedily to complete the registration; and in case of the Vacanciesin board. sickness or absence of any Alderman, or his inability or refusal to serve at the session, in any ward, the Board shall, in writing, under the hand of their chairman, immediately appoint the Assessor of the ward,c or any Justice of the Peace, to act in his stead, who shall be, for the purposes of registration in that ward, deemed a member of the Board of Registration. They shall Length of session. continue in session not less than three, nor more than five days, in each ward. All necessary blanks and in structions to aid the Board in the discharge of their duties, and all other expenses in performing the same, Expenses, how paid. including the employment of priniters, for printing such notices, and the registry lists, shall be provided by the Board, and be paid for by the city. Office of Ward Assessor in Detroit abolished. Section 55. 269 ACTS OF THIE LEGISLATU.RE. R1ERGISTRATION AND ELECTIONS. Duty of (~ 471.) SEC. 3. At the time and place mentioned board. in such notice, the Board, or those members thereof so classified and assigned for that ward, shall meet and pro ceed to the registration in such book, which book shall be called the "Register of Electors," for such ward, of the names of persons at the time residing in such ward, Sessions to and so qualified as follows, to wit: Their sessions shall be public. be public, and during the first two days thereof, they shall not write in the register the name of any person, without a request made by him personally, and in their presence; but shall allow him, if able and willing so to do, to write his own name therein, in the proper Riegistra place. In case of such request, the name of the elector ton, o made. shall be plainly written, by a member of the Board, who shall also note his residence, as required by section one of this act. After the first two days of the session, it shall be the duty of such Board to proceed to com plete the list, by writing in such register the names of all the remaining residents of the ward, known by them to be such, and to be qualified as aforesaid, with the proper description above mentioned; but they shall, dur ing their whole session, permit any such qualified person, residing in the ward, whose name has not already been entered in the r egister, to write it there himself. Oppo site to every name, on such register, shall be noted by the Board the day and year of its entry, and during such session, and all future sessions of the Board, in any city or township, they may, for their better information in making the registration, have before them the poll list of the next preceding general election, charter elec tion, or township meeting, to be returned to the proper keeper, at the close of the session, and all such entries 270 CHAPTER VIII. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. shall be made with ink. The Board, at every session, Board may question qe 11 t I and require shall have power, and it shall be their duty to question applicanets t o make every person presenting himself for registration, touching oath his residence and other qualifications, as an elector of the ward, and it shall be the duty of the applicant to make truthful answers to all such questions, and the Board may, for the more perfect examination of the applicant, swear, and employ an interpreter, truly and iinpartially to interpret all such questions and answers, and if the applicant shall, in his answers, make any material Penalty for makingfalse statement which is false, he shall, upon conviction thereof, statement. pay a fine of not more than one hundred nor less than five.dollars, and be imprisoned in the county jail not more than thirty nor less than five days. (~ 472.) SEC. 4. The name of no person but an What per sons not enactual resident of the ward at the time of the registra- t.tle.t~reg tion, and entitled under the constitution, if remaining such resident, to vote at the next general or charter election, shall be entered in the register. Neither the Board, nor any member thereof, shall w]rite or enter in the register the name of any person, nor suffer him to write or enter his name thierein, whom they know, or have good reason to believe, not to be such resident and so qualified; nor shall any person, knowing or having good reason to believe himself not to be such resident, and so qualified, write his name thereiln, or cause it to be done; and every person so offendingr shall, Penalty for fr a u duent upon conviction, be punished for each offense by a fine registration of not more than five hundred nor less than twenty-five dollars, and be imprisoned in the county jail not more than ninety nor less than ten days. 271 CHAPTER VIII. ACIS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. REGISTRATION IN CITIES AFTER 1859. Timegtain (~ 473.) SEC. 5.d On the Thursday, Friday, and Satregistratio n ~ I in cities atter 1859. uirday next preceding the general election,e and on the Thursday and Friday next preceding the day of the reg ular charter election of the city, and during the two days (Sundays excepted) which next precede any special elec tion, after the year one thousand eight hundred and fif ty - nine, the Board of Registration of the city, to be constituted as aforesaid, shall be in session at such places in the several wards as they shall designate ill their no tices, to be published and posted up as hereinafter pro vided, from nine o'clock in the forenoon until five o'clock in the afternoon, for the purpose of completing the lists of qualified voters, during which session it shall be the right of each and every person then actually residing in the ward, and who at the then next approaching election may be a qualified elector, and whose name is not al ready registered, to have his name entered in the regis ter, which shall be done in the manner above described; and such board, and each member thereof, and each ap plicant for registration, is hereby vested and charged with the same rights, powers, duties, and penal liabili ties, touching the examination of applicants, as hereinbe fore provided. Noticetobe (~474.) SEC. 6. At least two weeks previous to the given. commencement of any such session, the board, at the expense of the city, shall cause a notice thereof to be d See -Section 504, 505. e See Section 498. 272 CHAPTER VIII. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. printed and published in one or more newspapers published in such city, designating the place of holding the same; and shall also cause the same notice to be printed in handbill form, and posted up in at least ten conspicuous places in each ward; which handbill shall also con-i Whlatiotico shall con. tain. tain a true copy of the list of names then appearingtin' in the register for the ward. And immediately after the close of the polls of such election, the Clerk of the Board of Inspectors of that election, and before the counting of the votes, shall, under the direction and by the assistanlce of the Inspectors, insert and write upon, or attach to such printed handbill, all the names of electors appearing on the register, and not on such handbill, so that such handbill, so corrected, shall be a true copy of the list then appearing inl such register, and shiall, with Dity of in ~- ~ ~ ~ ~~~~~~~~~~spectors. the Inspectors, or a majority of them, certify and sign such copy, and file the same in the office of the County Clerk, who shall carefully keep and preserve the same; and the same shall be evidence, prima fatcie, of the original; and in case of the loss or destruction of the original, the same or a certified copy thereof shall be used in its stead. (~ 475.) SEC. 7. At the close of their sessions, the List to be X "led with board, or the members who made the registration in the City Clerk. particular ward, shall sign the list, adding the date of their signature, and shall immediately deposit the same for safe keeping with the City Clerk, who shall carefully preserve the same in his office until delivered, as hereinafter provided. (~ 476.) SEc. 8. At any such general, special, or Registers to be delivered to inspect. charter election, in the city, and as soon, at least, as ors, when. the poll in each ward is opened, the City Clerk shall 273 CHAPTER VIlr. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. cause the proper register to be placed in the hands of the Inspectors of Election, to be used by them during the same, and returned to the City Clerk immediately thereafter. And they shall not receive the vote of any person whose name is not written therein; but if any person shall offer and claim to vote at such election, bName mStary whose name is not so registered, his name may be regisbe register ed on day of eection. tered by the Clerk of the Election, uLnder the direction of the Inspectors, upon the same terms and conditions hereinafter prescribed for the like cases, arising at elec tions in townships, substituting ward for townsh/ip; and both the applicant and the qualified elector shall be sub ject to the same penalties prescribed in cases so arising. REGISTRATION IN TOWNSHIPS. Registrat'n (~ 47,.) SEC. 9. It shall be the duty of the Board in t,wnships who to conbst tut a e of Registration in each township, to wit: The Superboard. visor, Treasurer, and Clerk thereof, and in case of the absence of any of them, or his inability to serve, the Justice of the Peace, not holding the office of Supervisor or Town Clerk, whose term of office will first expire, to provide, at the expense of the township, the like book for their township, for the purpose of the like registraBooks, bow tion of the qualified electors thereof, to be arranged in arranged. the same manner, save that in cases where the elector does not reside within the limits of an incorporated vil lage, a description of his residence may be omitted; but in case he resides within such limits, and in the town ship, a description of his residence, by the street, and 274 CHAPTER VIII. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. the number of the dwelling, or other brief but intelligil)le method; and the names of such resident electors of the village shall be written in said register, in a list separate and distinct fi'om those of other electors of the townships, so as to exhibit a correct registration for the village, which list shall be called the Villctge -Election Reqister. REGISTRATION IN TOWNSHIPS IN 1859. ( l478.) SEC. 10. At the annual meeting of each Ptroce'dings at township election in township, on the first Monday of April, in the vear one 1859. thousand eight hundred and fifty- nine, the Township Treasurer shall, at a place as near as practicable to that of the meeting, and of convenient access to the electors, have said book or register in readiness for the entry of their names, and each qualified elector, residing in the township, may then write his name, at length, in the proper place in said register, if able and willing to do so, or the Treasurer shall, upon request made in his presence, by the elector personally, write the name of such elector in its proper place. And in all cases, under this act, the board, or the members thereof, receiving or making the entry of a name, shall note or cause to be noted, the day and year thereof. During such Board to have access to township township meeting, and during all future sessions of the polllist.iP board, the township poll list of the next preceding general election or township meeting, shall be before him or them for their better information in making the registration, to be returned to the Clerk at the close of the meeting or the session. The Supervisor, or other person 275 CHAPTER VIII. ACTS OF THE LEGISLATURE. CHAPTER VIII. REGISTRATION AND ELECTIONS. Supervisor or persons charged by law with the assessment of propto register names while maki,g ase- erty in the township, for the purpose of State taxation, sessments. shall, while making such assessment, and in connection with the pe(rformance of that duty, in the year one thou sand eight hundred and fifty - nine, have with him the said register, and shall allow each qualified elector, re siding in the township, whose name has not been en tered therein, to write the same, or shall himself, at the like personal request of the elector, write the same therein, at the proper place, and shall, after completing his val uation of property, and on or before the first day fixed by law for reviewing his assessment, deposit said regis ter with the Township Clerk, who shall carefully keep and preserve the same in his office. Registration (1 479. ) SEC. 11. After the year one thousand eight after 1859, -~ Afe, ~ lna how male. hundred and fifty-nine, it shall be the right of any such qualified elector, residing in the township, and entitled to vote at the next election therein, and whose name has not been registered, on any day except Sunday, the days of the session of the Board of Registration, and the days intervening between them and the next approaching elec tion, to apply to the Township Clerk, in person, for the registration of his name, and if, upon such examination as is required by the next following section of this act, the Clerk shall be satisfied that such applicant is a resi dent of the township, and otherwise qualified and en titled to vote in such township, at the then next election, to be held therein, the name of such applicant shall be written, either by himself or the Clerk, upon a sep arate paper, to be kept by the Clerk, his residence de scribed, and the date of the entry noted, as required in the two last preceding sections; which paper shall be 276 ACTS OF THE LEGISLAI'URE. REGISTRATION AND ELECTIONS. CHAPTER VIII. laid before the Board of Registration of each township, at its next meeting for examination and review. And the names of such persons, appearing thereon, as the Board shall be of opinion are qualified electors at the then next election, and entitled to vote thereat, may, by some member of the board, and under their direction, be entered in the proper register, in the manner above set forth. And every applicant to the Clerk, so causing Penalty for fraudu I e n t his name to be entered upon such separate paper, knowing registration or having good reason to believe himself not to be such resident, and qualified to vote in such township at the then next election, shall, upon conviction thereof, be punished by fine and imprisonment, as provided in the thirteenth section of this act. REGISTRATION IN TOWNSHIPS AFTER 1859. (~ 480.) SEc. 12. On the Saturday next preceding Sessions of to w nship boards,wh'n the general election, the annual township meeting, and laeld.' preceding any special election, after the year one thousand eight hundred and fifty - nine, the Board of Registration of each township shall be in session at the office of the Township Clerk, from nine o'clock in the forenoon, until five o'clock in the afternoon, for the purpose of completing the list of qualified electors; during which session it shall be the right of each and every person who, at the next approaching election, or township meeting, may be a qualified elector and entitled to vote thereat, and whose name is not already registered, to have his name duly entered on said register, which shall be done in the manner above set forth. The board shall Powers and duties. 277 A CTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. have the power, and it shall be their duty, and the duty of the Clerk, and of the Supervisors individually, when acting under this statute, to question every person presenting himself for registration, touching his residence, and his other qualifications as an elector of the town ship; and it shall be the duty of the applicant to make truthfill anlswels to all such questions. And the Board, Supervisor, Clerk, or Treasurer, as the case may be, may, for the more perfect examination of the applicant, swear, and employ an interpreter truly and impartially to interPenalty for pret such questions and answers. And if any such false statement. applicant shall, in his answers, make any material state ment which is false, he shall, upon conviction thereof, pay a fine of not more than one hundred dollars, nor less thanl five dollars, and be imprisoned in the county jail not more than thirty nor less than five days. Whonoten (~ 481.) SEC. 13. The name of no person but an titled to register. ster. actual resident of the township, at the date of the reg istration, and entitled under the constitution, if remain ing such resident, to vote at the then next election or township meeting, shall be entered in the register. Neither the board, nor any member thereof, shall write, or enter therein, the name of any person, nor suffer him to write or enter his name therein, whom they know, or have good reason to believe not to be such resident and so qualified; nor shall any person, knowing or hav ing good reason to believe himself not to be such resiPenalty for dent, and so qualified, write his name therein; and every fraudu Ie n t registratin. person so offending shall, upon conviction, pay for each offense a fine of not more than five hundred nor less than twenty-five dollars, and be imprisoned in the county jail not more than three months, nor less than ten days. 278 CHAPTER VIII. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. (a 482.) SEC. 14. At such election, or township meet- Clerk to de liver regis ter to ining, and as soon, at least, as the poll is opened, the spectors on day of regisTownship Clerk shall cause the registelr to be placed in tration. the hands of the Inspectors of Election, to be used by them during the election, and to be returned to the Clerk, immediately thereafter; and they shall not receive the vote of any person whose name is not written therein. But in case any person shall offer and claim the right Names may be register ed on eleeto vote, whose name is not so registered, his name may tionday. then be registered by the Clerk, under the direction of the Inspectors, upon the terms and conditions following: One of the Inspectors shall administer to him an oath, in the following form, viz: You do solemnly swear that Oath. you will true answers make to such questions as shall be asked you, touching your qualifications as an elector at this poll, so help you God;f or an affirmation to the same effect, which oath or affirmation, if he be unable to understand the English language, may be interpreted to him by an inspector, or interpreter, sworn by an inspector, which interpreter shall also interpret bhis answers to the Inspectors. If, in his answers, on oath, he shall state positively that he has resided in the township ten days next preceding said election, designating particularly the place of his residence, and that hlie possesses the other qualifications of an elector, under the constitution, stating such qualifications; and shall, furthermore, swear that, owing to the sickness or bodily infirmity of himself, or of some near relative, residing in the same household, (giving the name of said relative,) or owing to his absence from the township, on public or official business, f See Section 44, p. 29. 279 CHAPTER VIII. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. or his own business, and without intent to avoid or de lay his registration, during the then last session of the board, he has been prevented from causing his name to be previously registered; and if, filrthermore, some quali fied elector of the township, and not a candidate for any office, at that election, shall take an oath before said Inspectors, which oath any one of themn may ad minister, that he is well acquainted with such applicant, that he has, in fact, resided in the township ten days previous to such election, and that hle, the freeholder, [qualified elector,] has good reason to believe, and does believe, that all the statements of such applicant are true, the Inspectors may, in their discretion, direct the Clerk to register his name in the proper place, with the proper Penalty. date; and if such applicant or such qualified elector shall, in said matter, willfully make any false statement, he shall be deemed guilty of perjury, and, on conviction, be subject to the pains and penalties thereof. Votemaye (~ 483.) SEC. 15. Any person offering to vote at challenged. any such election, in a city, township, or village, whose name is not written in the proper register, may be ob jected to, and his vote challenged, for that cause, by any elector present, and entitled to vote at that poll; and on such challenge being made, the Inspectors shall, if on inspection they find his name not so written in the proper register, refuse the vote. But nothing in this act contained shall be held or construed in any way to affect or impair the ri,ght of any Inspector or elector to challenge any person offering to vote, nor the effect of such challenge, as now established by law, or as such Proviso. right and such effect may hereafter be established: Pro vi(le(l, however, That the vote of no person shall be re ceived whose name is not so registered. 280 CHAPTER VIII. ACTS OF THE LEGISLATURE.P REGISTRATION AND ELECTIONS. CHAPTER VIII. (~ 484.) SEC. 16. Any person, knowing that his name Penalty for illegal vois not so registered, who shall vote, or offer to vote at ting. any such election, either in a city or township, and every Inspector, knowing such name not to be so registered, willfully and corruptly consenting to receive such vote, shall, if the vote be received by reason of such consent, be, for every such offense, punished as above provided in section thirteen of this act; and on the trial of the person so voting or offering to vote, the presumption shall be that he knew that his name was not so registered. (~ 485.) SEc. 17. The name of no person shall be Actual res!. dence acon diti'n of rego registered in any township or ward where he does not istriantion.re actually reside g at the time of the registration; and Penalty. every person who shall willfully register, or cause or procure, by enticements, or other means, the name of any person to be registered contrary to the provisions of this act, shall, upon conviction of any such offense, be also punished as above provided in section thirteen of this act. DEATH AND REMOVAL OF ELECTORS. (~ 486. ) SEC. 18. At every session of the Board of Board toa re view and. Registration of any township or ward, after the year orrectlls one thousand eight hundred and fifty - nine, it shall be their duty to review the list of names in their register, and if it shall have come to their knowledge that any person whose name has been registered has died or has removed therefrom and ceased to reside therein, they . g For what constitutes a residence see section 38, p, 27. 281' 19 ACTS OF THE LEGISLATURE. CHAPTER YIII. REGISTRATION AND ELECTIONS. shall place the letter D against the name of the de ceased person, and the letter R against the name of the person who has so removed, with the date of the entry and the initials of the name of the member making it, so as to show by whom and when made, and thereaf ter such name shall be considered and treated as no longer in the list, and shall be omitted in the copies Provisions above provided for. But if it shall happen that such fo r subs e quent regis tration. entry was erroneously made, and such person shall there after appear at any election and claim the right to vote thereat, his name may, on his application, be again regisConditions. tered, but upon the following terms: he shall, upon his oath or affirmation, which any member of the Board of Inspectors or the Board of Registration may administer, declare that he has not removed from, but is still a resident of the to)wnship or ward, and is otherwise a qualified elector, and entitled to vote. And on making such oath or affirmation, his namne may be registered in the manner above described, either by the Board of Penalty. Registration or the Board of Inspectors. And if such applicant shall swear or affirm falsely, he shall be liable Penalty forto the pains and penalties of perjury. But in case such false entry. entry shall be made f'lsely, maliciously, and without credible information, the member of the Board making it shall be deemed guilty of a misdemeanor and be pun ished as such, and the party aggrieved shall be entitled to recover of him in an action on the case trible dam ages for the injury, and trible costs of suit in any court having jurisdiction of the cause, and the record of the defendant's conviction of the criminal offense, duly authen ticated, shall be prima fScie evidence of his liability. 282 ACITS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. CHAPTER Van. (~ 487.) SEc. 19. It shall be the duty of any city Copy of township1 register to or township clerk, except during the session of the Board btr. iisnlit by T'wnship or on days of election, on the demand of any qualified Clerk. elector of the ward in such city, or of such township,. on payment or tender of his legal fees, to make out, certify, and at his office deliver to such elector a true copy of the contents of the register of election of such ward or township; for which he shall be entitled to receive at the rate of fifty cents for every one hundred names. ( 488.) SEC. 20. Whoever shall willfully cut, burn, Peln,arlty for .. ~~~~~ dest,ro y n ng mutilate, or destroy any such register of electors, or copy thereof filed for preservation, or shall unlawfully take and carry away the same, or unlawfully conceal or refuse, or neglect to surrender the same, with intent to prevent its being used as authorized by law, shall be deemed guilty of larceny; and whoever shall falsify any Penalty'for Falsit'ying such register or copy, by unlawfully erasing or obliter- register ating any name or entry lawfully made therein, or by unlawfully inserting therein any name, note or mnemoran dum, with intent thereby to influence or affect the result of any election, or to defraud any person of an election to office, shall be deemed guilty of forgery; and the person so offending shall, for every such offense, be pun ished by imprisonment in the State Prison not more than five years, or by a fine not exceeding five hundred dollars, and imprisonment in the county jail not more than one year, nor less than ninety days. ~ 489.) SEC. 21. To the end that the contents of Township Clerk to file coies with such registers may not be lost, it shall be the duty of (o'tyvCl'rk and'Town ship Treas every township clerk, within twenty days after each gen- urer. eral election, to make, certify and transmit to the county 283 ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. CHAPTER VIII. clerk of the proper county, and also to the township treasurer, a true copy of such contents, to be by such county clerk and township) treasurer filed and preserved Fees. in his office; for which, when received, he shall give such township clerk a receipt; and such township clerk shall be entitled to receive therefor fiom the township at the rate of fifty cents for every one hundred names; copy evi- and such copy, or a copy thereof, certified by the coundeupce. ty clerk or township treasurer, shall be prina facie evi dence of the contents of the original, and in case of the loss or destruction of the original, shall be used in its stead. VILLAGE ELECTION. Villale eleewens. Duty (~ 490.) SEC. 22. It shall be the duty of the Presiof President andTr'stees dent and Trustees of every incorporated village, or the persons who are by law authorized to make by- laws and charged with the g,eneral powers to regulate and control the municipal affairs of the village, to procure from the Clerk of the township or of the townships, re spectively, within which said village may wholly or in part lie, and it is hereby made his duty to furnish to them, at the expense of the village, from the register of electors of the township or townships within which such village is situated, a true copy of the village election register, to be certified by such Township Clerk, and to be delivered to the Inspectors of Election in such village, and used for the purpose of the village election, in the same manner and to the same effect as is above pro vided for the general election and township meetings in 284 ACTS OF THE LEGISLATERRE. REGISTRATION AND ELECTIONS. townships, as near as may be; and there are hereby given to the Inspectors of any such village election the same power and authority, and to applicants for registration the same rights and privileges which are given to township inspectors and to applicants at township elections, respectively, at such elections; and such inspectors and applicants and other persons mentioned in the foregoing provisions regulating elections in townships, are charged with the same duties and subjected to the same penalties and liabilities as are provided in like cases at such elections in townships; and the vote of no person shall be received whose name is not written in such register, or in the copy thereof used by the Inspectors of the Election. Such copy of the village register shall be filurnished at least ten days before the first village election in the year one thousand eight hundred and sixty, and as often as once in two years thereafter, and oftener if the proper municipal authority shall require it, and the township clerk shall be entitled to receive therefor at the rate of fifty cents for every one hundred names. (~ 491.) SEC. 23. If any person falsely personating Votingl der asume any qualified elector whose name is registered, shall at ame. any election vote, or offer to vote, in the name of such elector, or if any person shall knowingly encourage or persuade any such person to vote or offer to vote, or if any person assuming a false or fictitious name, shall vote or offer to vote by that name, or shall enter or cause to be entered upon the register as his own a false name, the person so offending shall, for every such offense, I aenlty. punished as above provided in section twelve of this act. 285 COAPTER VIII, ACTS OF THE LEG~ISLATURE. CnAPTER VIII. REGISTRATION AND ELECTIONS. What courts (~ 492.) SEC. 24. The Recorder's Court in the City to have jurisdiction. of Detroit shall have cognizance and jurisdiction of all offenses under this act committed within the limits of said city, and the offender may in all cases be there proceeded against by information, as provided by the charter of said city, or any other statute applicable there to. In all other cases the Circuit or District Court for the proper county shall have cognizance of such offenses committed within the county; and in cases where the punishment is by such fine or such imprisonment, one or both, as a justice's court may impose, the proper jus tice's court shall have cognizance and jurisdiction thereof. Violation of (~ 493.) SEC. 25. Any willful violation of duty by duty a misdemeanor. any person charged with the execution of this act or any provisions thereof, not herein particularly provided for, shall be deemed a misdemeanor, and the person guilty Dutyofc'rts thereof shall. be punished accordingly. And it is hereby an(l Prose- ncutyg. Attor-made the duty of every circuit and district court in its charge to the grand jury, to call their special attention to the necessity of making diligent and careful inquiry touching offenses arising under this act; and also, the duty of every prosecuting attorney whenever he shall receive credible information that any such offense has been committed, to cause the same to be prosecuted. Report to ( 494.) SEC. 26. It shall be the duty of every Secretary of State. City Clerk and Township) Clerk, annually, in the month of November, to'forward, by mail, to the Secretary of State, at the scat of government, the aggregate number of names, not marked with the letter D or R, appeal — ing in the register for such city or township, omitting D uty ofthe names; and the Secretary of State is hereby required Sec ret ary of to keep a record thereof in such manner as to show the 2g~6 ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. number of votes in such city and township, arranged in alphabetical order, in a book to be kept for that purpose. And he shall, within twenty days from the approval of this act by the Governor, cause a printed copy of the same to be forwarded by mail, to every such City and Township Clerk ill the State. (~ 495.) SEc. 27. Each member of a City Board compensa tion. of Registration, while acting under this act, shall be entitled to receive two dollars a day, for every day he shall actually serve in performing his duties, to be paid by the city; and each member of a township Board shall receive the same compensation as now provided for Inspectors of Election. (~ 496.) SEc. 28. Each member of a Board of Registration shall, before he enters upon the discharge of his duties under this act, make and subscribe the oath of office contained in the first section of article eight of the constitution. (~ 497.) SEc. 29. Every register shall be of good Reglster,,i what form paper, well bound and arranged alphabetically in the arranged. following form as near as practicable: DATE. NAME. RESIDENCE. REMARKS. This act shall take effect immediately. ( ~ 498. ) SEc. 30. The City Board of Registration Re-registra tion in the of the city of Detroit shall cause a session of the Board City of De troit. of Registration of each ward, or election district of said city, to be held on the first Monday in October, in the year eighteen hundred and sixty - four, and on the first Monday in October in every fourth year thereafter, for 287 CHAPTER VIII. ACTS OF TIHE LEGISLATURE. CHAPTER VIII. REGISTRATION AND ELECTIONS. the purpose of making a re - registration of the qualified electors of each ward or election district in said city; Board of and for such purpose the Aldermen of each ward, or Registration substitutes to be appointed, as provided by section two of the act to which this act is amendatory, shall con stitute the Board of Registration for such ward, but said city Board may appoint other persons than ward officers as such substitutes; and in case said wards, or any of them, shall be divided in the formation of election dis tricts, said City Board may appoint the necessary num ber of five persons to act as a Board of Registration for any district which may otherwise be without such Notice of Board. Said Board shall cause a like notice of such meetings of the Board. meeting and registration, and of the time and place of holding the same, to be published and printed in like manner, and for the same period, as is i'equired by said Time of ses- section two of the act aforesaid. The said several ward sions. or district Boards shall be in session on the first Mon day in October aforesaid, and for not less than three nor more than six days thereafter, from nine o'clock in the morning to one o'clock in the afternoon, and from three o'clock to five o'clock in the afternoon, and shall be provided with the proper blank books for registering the names of voters, of the form heretofore used, and Powers and shall have the same powers, and perform the same duties, duties of Board. as are conferred upon or required of Boards of Regis tration under the act aforesaid; and the same rules and requirements shall be observed in such re-registration, in all respects, as were required in the original registration Formerreg-under said act to which this is amendatory. When such istrations invalid. h Section 470. 288 A CUlS OF THE LE(,ISLA lUR DE. REGISTRATION AND ELECTIONS. CHAPTER VIII. registration shall be completed, the former registry of electors in such wards or district shall henceforth be deemed invalid, and shall not be used at the ensuinig elections; and no person shall vote at any public election in said wards or districts aftelr such re-registration whose name shall not be registered anew, under the provisions of this section, or be afterwards properly entered on such new resister, according to the provisions of the act aforesaid, or of this act. [As added by Laws of 1863, p. 69.] (~ 499.) SEc. 31. At the session of the Board of Review of registration. Registration in the several wards or election districts of said city of Detroit, except in a year ill which a new registration has been made, they shall review and complete the list of qualified voters, as provided by law; and in order to prevent, so far as possible, the blotting, Names to be , entered by one of the mutilation, or disfigurement of said registration of elec- Board. tors, it is enacted that no name shall be entered in such. registers excepting in the handwriting of one of the Board of Registration, and then only by direction of the proper B o ard during its session; and no member of said Board shall write or make any entry in said register excepting the same be permitted by law, and no other person shall make any entry or mark whatever therein excepting in s p e c t ors of election, as provided by this act: P rovided, Prov iso. That any elector desiring to enter his name in his own handwriting may do so, if the Board shall have decided that such elector is entitled to be registered; but when when per sons cease any person shall have ceased to be an elector of any to ben electe ors,nt thereof to ward or election district, the Board of Registration for be made. such ward or district, at its session, may note the fact in red ink across the name of such elector, in addition 289 ACTS OF THE LEGISLATURE. CHAPTER VIII. REGISTRATION AND ELECTIONS. to the marks provided to be set opposite his name by How names this act.h No name shall be entered in said registers may be reg istered. excepting upon the personal application of an elector desiring his name to be registered, and upon due exam ination made, as required by this'act,i unless the person whose name is registered is personally known to the Board of Registration, or at least one member of said Board, to be a qualified elector of the ward or district Applicants in the register of which such name is registered. The to state nwhtheyla Oe Board of Registration in each ward and district shall been previously regiSrequire each applicant for registration to state whether tered, etc. he has previously been registered in or resided in any List of new other ward or district. Each Board shall make a separegistrat'ns. rate list of the new registrations made at their then session, particularly specifying in such lists those who have previously resided or been registered in any other ward or district, noting the previous place of residence of such person, and shall deliver such separate list to the City Board of Registration, at its session hereafter provided to be held. [As added by Laws of 1864, p. 70.] City Board (~ 500.) SEC. 32. The city Board of Registration, of Registration. which shall be composed of the members of the Board of Registration assigned to the several wards and elecMeetings of. tion districts of said city of Detroit,j shall assemble at the Common Council chamber in the said City of De troit, on the Monday preceding any election to be held in said city, excepting special elections held for election of ward officers, at ninie o'clock in the forenoon. On h See Section 486. i See Sections 4i71, 480. J See Sectlons 469, 473. 290 ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. CHAPTER VIII. the organization of said city board by the appointment Duties of. of a chairman and clerk, said city board shall proceed to examine the register of electors of the several wards and districts of said city; said board may correct any errors appearing therein, but no new name shall be added thereto, or marked so as to indicate that any person has ceased to be an elector in any ward or district, excepting as provided in this section. Whenever said board Proceeding, when pers'n is registered shall find that any person is registered in two or more inoregietlad one ward. wards or districts of said city, the board shall ascertain the ward or district in which such person is entitled to be registered, and shall indicate in the register of any other ward or district the fact that such person is not entitled to vote in such other ward or district, retaining the name of such person in the ward or district in which such person is entitled to vote. Said board mnay Board may register up oln app icaregister any person applying to be registered in the tion.aPPlica register of the district or ward in which said applicant resides: Providecd, Said board shall require such appli- Proviso. cant to state positively, on oath or affirmation, which Oath of ap plicant. oath or affirmation any member of said board may administer, to answer to such question as shall be asked him touching his right to be registered by said board, that he has resided in such ward or district at least ten days preceding the session of said city board, designating particularly the place of his residence, and that he possesses the other qualifications of an elector under the constitution, stating such qualifications, and that owing to the sickness or bodily infirmity of himself, or some near relative residing in the same household, (giving the name of such relative,) or owing to his absence fromnt said city of Detroit on public or official business, or on 291 ACTS OF THE LEGISLATURE. CHAPTER YIII. REGISTRATION AND) ELECTIONS. his own business, and without intent to avoid or delay his registration during the then last session of the board of registration in the ward or district in which he re sides, he has been prevented from causing his name to be previously registered, or that he was not registered in the ward or district of his then residence, during the then last session of the board therein, because of his not having resided in such ward or district ten days prior to the conclusion of the said session of said board, and that he moved into the said ward or district, (stat ing the time he so moved,) and has continued since to reside therein with intent to become a resident thereof; Oath of ap- and if, furthermore, some qualified elector of said city, plicant. and not a candidate for office at the then approaching election, shall take an oath before said board, which oath any member of said board may administer, that he has in fact resided in such ward or district at least ten days prior to the then session of said city board, and that he has good reason to believe, and does believe, that Board may all the statements of such applicant are true. Said board question applicant. may question such applicant and qualified elector as they may think proper, in order that they may be satisfied May direct of the truth of such statements. If they shall deen his registration. such applicant a qualified elector of such ward or dis trict, and entitled to be registered, they shall direct the chairman of the board to register the name of the ap plicant, with the date of registration, and his place of residence, in the register of the ward or district in which Interpreter. he is entitled to vote. Said board may employ an in terpreter, in case either said applicant or qualified elector shall be unable to speak the English language, who shall be sworn by one of said board to truly interpret the 292 ACTS OPF THE LEGISLATURE. REGISTRATION AND ELECTIONS. CHAPTER VIII. oath to said applicant and elector, and to interpret to them said questions, and the answers made thereto, to said board. If such applicant, or such qualified elector, PenaIlty tafor fa I s e state. ment. shall in such manner willfully make any false statement, or if such interpreter shall willfully and falsely misstate said oath, questions or answers, he shall be deemed guilty of perjury, and oni conviction, be subject to the pains and penalties thereof. No name shall be added to any of said registers by said city board of registration, or entries made therein by said board, unless at least one member of the board assigned to the ward or district in the register of which said name is added or entry made shall be present. [ As added by Laws of 1864, p. 71.] (~ 501.) SEc. 33. When any person shall apply tO Proceedings when perthe inspectors of any election, excepting special elections soenosntee sregistered apply to for ward officers, in said City of Detroit, who has not vote. been registered, to be registered by said inspectors, alleging that he was absent during the then last session of the board of registration of the ward or district, said inspectors shall require such applicant to state, on oath, Oath. in addition to the statements required by section fourteen of this act, that he was absent from the City of Detroit during said session, and during the session of the City Board of Registration, on the Monday preceding such election. [As addled by Laws of 1864, p. 74.] (~ 502.) SEc. 34. Whenever the Common Council Review pri or to special shall order a special election to be held in any of theelections wards of said city for election of ward officers, said Council, by resolution, shall direct the board of registration that last held its session in such ward to review and complete the list of qualified electors of such ward, 293 ACTS OF THE LEGISLATURE. CHAPTER VIII. REGISTRATION AND ELECTIONS. on a day and at a place to be named in such resoluN'ticethere- tion. Notice of the time and place of the session of of. said board shall be published in at least one of the daily newspapers published in said city, for at least four successive days prior to such session. It shall not be necessary to insert in such notice the names of registered electors, or post handbills containing the same, as in case Pfrovlisions of general or charter elections. The provisions of this of this act to govern the Board. act, or so much thereof as may be applicable, shall gov ern and regulate the action of said board, each member thereof, and all other persons, in reviewing and com pleting the register of electors at such session, and all persons are hereby made liable to the penalties prescribed therein for any violation of the same at such session as Vacancies. if the same were here again enacted. In case there may be any vacancy in the then board for such ward or dis trict, said Council may fill the same. [As added by Laws of 1864, p. 74.] Violation of (~ 503.) SEC. 35. Any willful violation of duty by this act a mis demeanor. any person charged with the execution of this act, or of any provision thereof not herein particularly provided for, shall be deemed a misdemeanor, and the person guilty thereof shall be punished accordingly. 294 ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. An Act to amend an Act, entitled "An Act further to preserve the Purity of Elections and guard against the abuses of the elect ive franchise by a registration of electors." [Approved March 16, 1861. Laws of 1861, p. 549.] (~ 504. ) SECTION 1. T]te Peolple of the State of [ich- Sessions'of Board of igan enact, That on the second Thursday, Friday and Registr'ti'n. Saturday next preceding the general election, and on the second Thursday and Friday next preceding the day of the regular charter election of the City of Detroit and not afterward, the Board of Registration shall be in session at such places in the several wards and districts as they shall designate in their notices as prescribed by law, from nine o'clock in the forenoon until five o'clock in the afternoon, for the purpose of completing the list of qualified voters in pursuance of said act, approved February 14th, 1859, and any member of said board may administer an oath or affirmation to the applicant, that he shall true answers make to all questions put to him touchling his qualification as an elector. (~ 505.) SEc. 2. So much of sections one and fivekRepeal. of the act aforesaid, approved February 14th, 1859, as may be inconsistent with this act, and all other acts and parts of acts contravening the provisions of this act, are hereby repealed: Provi(ecd, That this act shall ap- Proviso. ply and have force only in the City of Detroit, in the County of Wayne.' k Sections 469, 473, ante. NOTE BY THE CITY COUNSELLOR. -As amended by the Acts of 1861 and 1864, the law is: 1. The several ward boards shall meet on the first Monday in October, 1864, and on the first Monday in October every fourth year thereafter. They 295 CHAPTER VIII. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS, An Act to authorize the Common Council of the City of Detroit to divide any ward of said c ty into two wards or election districts, and to provide for the registration of qualified electors therein. [Approved Jfarch 27, 1867. Laws of 1867, Vol. 11, p. 1033.] (~ 506.) SECTION 1. The People of the State of Mich Division of wards authorized. igan enact, That the Commonl Council of the City of Detroit shall have power by ordinance, whenever they deemin it expedient, to divide any existing ward in said city into two wards, or into two election districts; the ordinance shall specifically describe the boundaries of each of such wards or districts. shall be in session not less than three, nor more than six days, and from 9 A. M. to 1 P. M., and from 3 to 5 P. M., each day. Their duty is to make a re - registration of electors, and after its completion, every former registry shall be invalid. The act of 1864 gives the city power to fill vacancies in the ward boards, by persons other than ward officers. [See Section 498.] 2. During the first two days, the boards shall only register the names of those who make personal request to be registered. After said two days, it is the duty of the board to add the names of all others known to them to be residents of the ward, and qualified electors. [See Section 471.] 3. This may be done as provided in section 471, but if the application is made on the ground of absence, the applicant, in addition to the proof and oath required by section 482, must swear that he was absent from the city, (not ward,) during the last preceding sessions of the ward and city boards. [See Section 501.] REVIEWING, ETC. 4. In the years when there is no new registration, the several boards shall meet in such places as the city board shall designate, upon the second Thursday, Friday and Saturday next preceding a general election, and upon the second Thursday and Friday next preceding the regular charter election. [See Section 504.] The duties of the boards, their mode of proceeding, etc., are regulated by sections 473, 474, 475 and 476, as amended by section 499, viz: No name shall be entered save by a member of the board, or the elector himself. If an elector has ceased to be a resident, it shall be noted in red ink. 296 CHAPTER VIII. ACTS OF THE LEGISLATURE. REGISTRATION AND ELECTIONS. CHAPTER VIII, (~ 507.) SEC. 2. Whenever a ward is divided into Colntinuance. in office aftwo wards, pursuant to the provisions of this act, all ter division. officers theretofore elected or appointed for the original ward so divided, shall continue to hold their respective offices, unless sooner removed pursuant to the revised charter, until new officers are elected by or appointed for the new wards, or until their successors are elected by or appointed for such new wards. The first election in Election to new wards. said newr wards shall not be held until the Common Council, by resolution, order or direct the same; such resolution may dilrect such first election to be held at the next general election ensuing its adoption, or may order a special electionl for that purpose. (~ 508. ) SEC. 3. Whenever new wards are created Inspector of election. by the division of an existing ward, or whenever any ward is divided into election districts, the Common Coun cil shall, at least twenty days prior to the first general or special election to be held in said wards or districts after such division, appoint for each of such wards and No person to be registered save on personal application, etc., unless known to at least one member of the board, to be a resident, etc. Each applicant to state if he has previously resided or been registered in any other ward. A separate list shall be made of the new registrations, noting the previous residence of the persons so registered, which shall be delivered to the city board at its next session. SPECIAL ELECTIONS. 5.' [See Section.502.] MIEETING OF THE CITY BOARD. 6. This board, to be composed of those assigned to the several wards, must meet at the City Hall upon the Monday preceding each election, (save special elections,) to correct the registers, register new applicants, etc. The section requiring this meeting, provides fully the duties, powers, etc., of the board. [ Section 500.] 20 297 ACTS OF THE LEGISLATURE. CBAPTER VIII. REGISTRATION AND ELECTIONS. Board of election districts, an inspector of election, who, with one registration, ession f. of the aldermen of the original wards so divided, shall act as a Board of Registration in the ward or election district, and who, with one inspector of election, to be elected by viva voce vote of the electors present at the opening of the polls at said election, shall form a board of inspectors for such election, but vacancies in any board of inspectors may be filled by the electors present, as in Time and other cases of such vacancies. It shall be the duty of continuance of session. the board of registration hereby provided for, to hold a session in the registration wards or districts for which they act, for the purpose of making a registration of the qualified electors of such ward or district; such session shall commence at least fifteen days before the said first general or special election to be held in such wards or Dutties and election districts; such boards shall continue in session powers. not less than three nor more than five days, and shall perform. all the duties, and have all the powers required fiom or conferred upon boards of registration by and under an act entitled "an act further to preserve the purity of elections, and guard against the abuses of the elective franchise by a registration of electors," approved February fourteenth, eighteen hundred and fifty-nine, and Rules In the acts amendatory thereof, and all the same rules and registrar. registra. requirements shall be observed in the registration hereby provided for, as now required in the original registra tion under said acts; and all the provisions of said acts are hereby, so far as the same can apply, made applic able to all proceedings under this act. When such regWben corn- istration is completed, it shall stand as and be, in all pleted. respects, regarded and acted upon as the original regis tration of electors of the ward or district for which it 298 ACTS OF THE LEGISLATURE. I REGISTRATION AND ELECTIONS. CHAPTER VIln. was made. All elections in new wards after the said Conduct of elections. election, shall be conducted and governed as to registration, inspectors and otherwise, in conformity with the provisions of law now in force in reference to other wards. In cases where a ward is divided into two elec- Proceedings when di vided into tion districts, for the purposes of all elections subsequent two election districts. to said first election, the Common Council shall, at least twenty days prior to any election, appoint two inspectors, one of whom, with one of the aldermen of the said ward so divided shall act as a board of registration in each of said districts, and with one inspector, to be elected by a viva voce vote of the electors of the district present at the polls at any election, shall form a board of inspectors for said election; vacancies in such board may, at any election, be filled by the electors present as in other cases. (~ 509.) SEc. 4. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed 299 I ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. CHIAPTER IX PUBLIC SCHOOLS. SECTION 510. City to be one District; Schools made free. SECTION 527. School taxes to be placed separate on assessment rolls. 528. Who to collect school taxes; col lectors to give bonds. 529. Board to elect President. 5,30. Quorum of Board. 531. Taxes for building school houses. 532. Freemen to vote on taxes. 533. Meeting to be called for that pur pose. 534. Meeting may be called by two mem bers of the Council. 535. How school house tax to be col lected. 536. Board of Education may borrow money; bonds may be issued. 537. Bonds a lien on property of Board. 538. Board to pay interest on bonds. 5',39. Amends other sections. 540 Amends other sections. 541. Removal of School Inspectors from the ward. 542. Council may authorize levy of taxes for building school houses. 543. Act to take immediate effect. 544. Estimates to be made. 545. To be communicated to Council. 546. Repeals acts. 547. Act to take immediate effect. 511. School Inspectors to be elected; Term of office. 512. Vacancy in office of Inspector; how filled. 513. Persons elected refusing to serve; Board of Inspectors may establish rules. 514. Who constitute Board of Education; Its powers; Property, how dis posed of. 515. Quorum. 516. City Clerk to be clerk of the Board. 517. Recorder may meet with Board. 518. General Powers of Board; may make by - Laws. 519. Mayor's Court to have jurisdiction in certain cases. 520. Board to publish annual statement. 521. To establish Library. 522. Taxes for support of schools. 523. Treasurer of the Board. 524. Duty of Collectors relative to school moneys. 525. Collectors and Treasurer to give bonds. 526. Repeals prior acts. An Act in relation to Free Schools in the City of Detroit.' [Approved Feb. 17, 1842. Laws of 1842, p. 112.] Detroit to ( ~ 510.) SECTIOX 1. Be it enacted by the Senate and bee f e School Di- H()use of Riepresenta. tives of the State of AXichVi!an, That trict. the City of Detroit shall be considered as one School District, and hereafter all schools organized therein, in For the laws relating to the "colored children" of the city, see Session Laws of 1841, page 48. i 300 CHARTER IX. ACTS OF THE LEGISLA,URE. PUBLIC SCHOOLS. pursuance of this act, shall, under the direction and regulations of the Board of Education, be public and free Schoolsfree to scholars to all children residing within the limits thelreof, between oag'eC'tais the ages of five and seventeen years, inclusive. (~ 511.) SEC. 2. In lieu of the School Inspectors School In spectors to now required to be elected in said city, there shall be beelected. twelveb School Inspectors to be elected in the manner following: At the next annual charter election, there shall be elected in each ward of said city, two School Inspectors, one of whom shall hold his office for two Their term of office. years, and the other for one year; and at every annual charter election thereafter, there shall be elected in each ward, one School Inspector, who shall hold his office fortwo years. No School Inspector shall be entitled to re- Not to re ceive com pensation. ceive any compensation for his services. (~ 512.) SEC. 3. In case of a vacancy in the office Vacancy in office of of School Inspector, the Common Council of the City of Sch~ool In =sptorbhow Detroit may fill the same, until the next annual election, when, if such vacancy happen in the first year of the term of said office, the electors of the proper ward may choose a suitable person to fill the remainder of such term: Provided, The City Cleik shall give notice of Proviso. such vacancy prior to such election, as may be required in other cases. (~ 513.) SEC. 4. Every person elected to the office Persons e lected scho'l of School Inspector, who, without sufficient cause, shall Inspectors refnsing to serve, may neglect or refuse to serve, shall forfeit to the Board of benned. Education for the use of the library, the sum of ten dollars, to be recovered in an action of debt in some b By the increase in the number of wards of the city, the number of School Inspectors has been increased to twenty. 30T CHAPTER IX. ACTS OF THE LEGISLATURE. CHAPTER IX. PUBLIC SCHOOLS. Proviso. competent court: Provide(d, No person shall be comBoard may pelled to serve two terms successively; and the said Board e s t ablish rules and regulations shall make all necessary rules and regulations relative to members. mebe its proceedigs, and punish by fine, not exceeding five dollars for each offense by any member of the Board, who may, without sufficient cause, absent himself from any meeting thereof, to be collected as they may direct. Who to con- ( ~ 514.) SEC. 5. The School Inspectors, together with stitute Bo'rd ot Education. the Mayor and Recorder of said city, (who are declared Bo'rd abody to be ex officio School Inspectors,) shall be a body corcorporate. porate, by the name and style of "The Board of Edu cation of the City of Detroit," and in that name may be capable of suing and being sued, and of holding or selling, and conveying real and personal property, as the Iatsd pwevis interest of said Common Schools may require; and shall and privileges. also succeed to, and be entitled to demand all moneys and other rights belonging to or in possession of the Board of School Inspectors, or any member thereof; or any real and personal property or other rights, of any How spro such district in said city; and the clear proceeds of all property received by such property which may come into the possession of Board to be w disposed of. said Board, as last aforesaid, shall be expended and dis bursed by and under the authority of said Board of Edu cation, for the support of said schools, after paying all just and legal demands existing against the several school Proviso. districts heretofore existing in said city: Provided, That said Board shall not be liable to pay an aggregate amount of indebtedness against- any one district, greater than the amount received firom the same by said Board. [As amendersl by the L(Laws of 1843-, p. 23.] Whataquo- (~ 515.) SEC. 6. The Board of Education (eight rum of Board. members whereof may form a quor-um, may meet from 302 ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. CHAPTER Ix time to time," at such place in said city as they may designate.d (~ 516.) SEc. 7. The Clerk of said city shall be ex Who to be Clerk of officio Clerk of said Board, and shall perform such duties Board. as the Board of Education may reasonably require. In case of the absence of said Clerk, or for any other cause, the Board may choose some suitable person to perform his duties, either as principal or deputy Clerk. (~ 517.) SEC. 8. The Recorder of said city shall be Recorder of Detroit may entitled to a seat at the meeting of said Board, for the mleeBtOaitht the Board. purpose of deliberation, and of acting on committees, but shall have no vote therein. (~518.) Sec. 9. The Board of Education shall have Ge,neral powers and full power and authority, and it shall be their duty, to "theoRtrdf purchase school houses, and apply for and receive from the County Treasurer or other officer, all moneys appropriated for primary schools and district library of said city, and designate a place where the library may be kept therein. The said Board shall also have full power May mke by-laws and and authority to make by-laws and ordinances relative oredinvaencteo certain ma to taking the census of all children in said city between terea. the ages of five and seventeen yearse; relative to mak ing all necessary reports and transmitting the same to the proper officers, as designated by law, so that said city may be entitled to its proportion of the primary c See Section 530. By the Laws of 1846, p. 102, six members were made a quorum. d The remainder of this section, relative to the Mayor or Recorder being the presiding officer of the Board, was repealed by Section 2 of the Act of 1846, Laws of 1846, p. 101. See Section 529. By the Laws of 1850, p. 50, and 1855. p. 3, (see Section 522 post,) the assessment for School Taxes is to be based on the number of children between "four" and "eighteen." See also Compiled Laws, Section 2201. 303 ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. school fiund; relative to the visitation of schools; rela tive to the length of time schools shall be kept, which shall not be less than three months in each year; rela tive to the employment of and examination of teachers, their powers and duties; relative to regulation of schools and the books to be used therein; relative to the ap pointmient of necessary officers, and prescribe their powers and duties; relative to anything whatever that may ad vance the interests of education, the good government and prosperity of common schools in said city, and the wel faire of the public concerning the same. M a y ors (~ 519.) SEC. 10. The MAayor's Courtf shall have juCourt to have Jurisdiction unS- risdiction of all suits wherein the said Boarld may be a der by-laws of the Bo'rd. party, and of all prosecutions fi)r violation of said by laws and ordinances. Board to (~ 520.) SEC. 11. The said Board shall annually, in publish a n an'ual statenient. the month of February, publish in some newspaper of the city, a statement of the number of schools in said city, the number of plupils instructed therein the year preceding, the several branches of education pursued by them, and the expenditures for all things authorized by this act, during the preceding year. To esltablish (~ 521.) SEC. 12. The Board of Education shall esa library. tablish a district library, and for the increase of the The People same, the Common Council are authorized annually to ex. rel., vs. te eTreeasur- lay a tax on the real and personal property within said er of Wayne County, 8 mich., 392. city of a sum not exceeding two hundred dollars, which Taxfor,how tax shall be levied and collected in the same mannier as levied. the moneys raised to defray the general expense of said city.g f Now Recorder's Court. Sec Section 274, p. 157. g As to fines for library, see Compiled Laws, Section 2358. 304 CHAPTER IX. ACTS OF THE LEGISLATURE. PUBLIC SCIIHOOLS. (~ 522.) SEc. 13.h The Common Coun(cil of said city om mon Council may levy taxes are hereby authorized, once in each year, to assess and levy for support ol schools. a tax on all the real and personal property in said city according to the city assessment rolls of that year, which shall not exceed two dollars for every child ill said city, between the ages of four and eighteen years, the number of children to be ascertained by the last report on the subject, on file in the office of the Clerk of the County of Wayne, or in the office of the Secretary of said Board of Education, and certified by the President thereof; and the said tax shall be collected in the same How taxes C,olliect e d and disbursmanner as the moneys raised to defi'ay the general ex- aedd disb.rs penses of said city. All said money shall be disbursed by the authority of said Board for the maintenance and support of said schools, and for no other purpose. The Board mnlay establishl said Board of Education shall have authority to establish ahidsappolt a Sui)erin ted~tof a high school in said city, and also to appoint a Super- tpne tbI iof schools. intendent of the public schools, under the charge of said Board, with such salary and with such powers and duties as shall be prescribed by said Board of Education. [As amended by LLaws of 1855, p. 3. ] (~ 523.) SEC. 14. The Treasurer of -said city shall who to be Treasurer of B3oar~d, his be the Treasurer of said Board, unless otherwise directed dutaled his by said Board; hlie shall keep all moneys belonging to said schools separate from the moneys belonging to the cor poration of said city, and he shall not pay out or expend the school moneys without the authority of the said Board. (~ 524.) SEc. 15. The Collector of said city, when Duty of col lectors relahe shall have paid anv school money to said Treasurerlntivteysch~l h See Section 527, post. . *..:: et e 1 ~ 305 CHAPTER IX. AC7S OF THE LEGISLATURE. CHAPTER I~. ~PUBLIC SCHOOLS. or other person, shall take a receipt therefor, and file the same with the Clerk of said board; and it shall be the further duty of the Collector, when he shall have made his final return concerning the collection of said tax, to make a report to said Board, stating the whole amount of school tax, the amount collected, and the amount returned by him to the Common Council as un paid or uncollected. If any Collector shall neglect or refuse to pay to said Treasurer the sums of money required by his warrant, or to account for the same as unpaid, at the time and in the manner required by law the Recorder of the city of Detroit, or the President of the Board of Education of said city, shall forthwith issue a warrant under his hand, directed to the Sheriff of said county, commanding him to levy such sums as shall remain unpaid and unaccounted for, together with his fees for collecting the same, of the goods and chattels, lands and tenements of such Collector and his sureties, and to pay the same to the Treasurer of said Board of Education, and return such warrant within twenty days after the date thereof.- [As amend(ed by Laws of 1855, p. 3.] e (~525.) SEc. ] 6. The Collector and Treasurer shall, before they enter on their duties under this act, enter into such bonds to said Board, and with such sureties as may be deemed necessary, conditioned for the faithful discharge of their duties respectively under this act.i (~ 526.) SEc. 17. All parts of acts, so far as they relate to the City of Detroit, inconsistent with this act, are hereby repealed. And it shall hot be necessary to elect any school district officers in said city, as heretofore required by law. i See Section 528, post. 306 ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. An Act to amend "An Act relative to Free Schools in the City of Detroit." [Approved Feb. 13, 1843, Laws of 1843, p. 22.] (~ 527. ) SECTION 1. Be it enacted by the Sencate and School tax es to be placed in .liouse of Representatives. That all taxes which have been sep'ratecol. omn on asor may hereafter be assessed and levied by the Common roll.ment Council of the City of Detroit, under and by virtue of the authority conferred on said Council by the thirteenth section of an act entitled "An act relative to Free Schools in the City of Detroit," shall be set forth in the assessment roll of said city, in a separate column, apart and distinguished firom all other city taxes;j and that the What Col lector shall Collector of said city shall collect and is hereby author sreheive fortx es. ized and required to collect, said taxes in money, and said Collector shall not be required or permitted to re ceive in payment of said taxes any liabilities or evidences of debt against said city.k An Act to amend an act entitled "An Act relative to Free Schools in the City of Detroit." Approved Feb. 17, 1842. [Approved April 28, 1846. LawE of 1846, p. 101.] (~ 528. ) SECTION 1. Be it enacted by the Senate and Who to col. lect school House of Representativtes: That the Collectors of the City taxes. of Detroit, elected in the different wards of said city, i See Section 243, p. 139. Section 2 of this act, is incorporated into Section 514, an. * * ~4 e*. *~ 4 * 4 4*~ ~4 *~ * * * ': 307 CHAPTER IX. ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. shall act as Collectors of the school tax assessed and levied in said city, in their respective wards, under and by virtue of the provisions of the act to which this act Collect'rs to is amendatory; and that each of said Collectors, previous give bonds. to his entering upon his duties, shall, in addition to the bond now required by law,' make and execute to the Board of Education of said City of Detroit a bond, with two good and sufficient sureties, to be by them approved, Conditions in the penal sum directed bv said Board, conditioned of bonds. I for the faithful performance of his duties as such Col lector; and that in case of neglect or refusal of any one of said Collectors to execute and obtain such bond ac cording to the provisions of this sectiop, he be subject to a penalty of one hundred dollars, to be collected in an action of debt, which may be brought in any court in this State, at the suit and in the name of the said Board of Education of the City of Detroit. (~529.) SEC. 2. The Board of Education of the City of Detroit may elect one of their own number President of the Board, who shall perform all the duties, and be vested with all the powers conferred by the act to which this act is amendatory, upon the Mayor and Recorder of said City of Detroit, or either of them; and all the pro visions of the act to which this act is amendatory, pro viding that the Mayor or R ecorder of said city shall be the President of said Board, are hereby repealed. The term of office, and time and mode of said election of said President, to be prescribed by said Board. (~ 530.) SEC. 3. Eleven members of the board shall constitute a quorum for the transaction of business.m [As ameiended by Laws of 1867, Vol. II, p. 115.] I See Section 525, also Sections 18, p. 0, and ~30, p. 23. m See Section 515. 308 CHAPTER IX. I ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. An Act to amend an act entitled "An Act relative to Free Schools in the City of Detroit." Approved Feb. 17, 1842. [Approved mloarch 12, 1847. Laws of 1847, p. 50.] (531.) SEcrIox 1.n Be it e),ctetel by the Senattc and Taxes for b u i d ing school houstfouse of Representcttives: That ill addition to the taxes es and pur chasing lots ther'for may mentioned in the act to which this act is amendatory, be levied. the Common Council of the City of Detroit is hereby authorized and empowered to levy and collect a tax, not exceeding fifteen hundred dollars in any one year, to be expended in the purchase of lots in said city, for the use of the public schools thereof, and the erection and building a school house or school houses, with the necessary out buildings and fixtures, on any lot or lots which may be so purchased, or any other lots now owned by the Board of Education of said city, or which the said Board may hereafter acquire: Provicde(l, That said tax, Proviso. when so levied and collected, shall be paid to the Treasurer of said Board of Education, and be vested in said Board to and for the purpose hereinbefore stated, and no other, and also that the title to such lots purchased shall Ttletosch'l lots in whi'm also be in said Board for the ipurpose aforesaid. vested. (~ 532.) SEC. 2. Said tax shall not be levied or Freemen to vote on taxcollected, unless at a meeting of the fireemen of said city, estorsehool houses. called for such purpose, as hereinafter provided; a majority of the fireemen present shall assent to the same.~0 See Section 542 amending this Section. ~ See Section 545. 309 CHAPTER IX. ACTS OF THE LEGISLATURE. CHAPTER IX. PUBLIC SCHOOLS. Mayor tor (~ 533. ) SEC. 3. It shall be the duty of the Mayor, Recorder to call meeting of freemen or Recorder, in case of the absence of the Mayor, or a to vote on taxes. taxes. vacancy in his office, to call such a meeting of the fi'ee men of said city, for the purpose of giving their assent or dissent to such tax, when it shall be requested by petition, signed by twenty-four freemen of said city; which call shall particularly express the object of such meeting, and shall be published in two of the daily newspapers published in the said City of Detroit, one Proviso. week previous to such meeting: Provided, That the Mayor may call such meeting upon the notice herein mentioned, without such petition, at his own option. Meeting of (~ 534.) SEC. 4. If the said Mayor or Recorder shall freem'n may be called by two men- refuse to call such meeting, upon the presentation to bers of Co'ncil in certain cases. either of them of such petition, or shall neglect to do so for three days after the presentation of such petition, any two members of the Common Council of said city may on the like petition, call such meeting, upon a like notice and publication thereof, in the manner and for the time hereinbefore specified in the case of a call by the Mayor or Recorder. Such meeting may be adjourned, from time to time, by vote of a majority of those present. How taxes (~ 535.) SEC. 5. The said tax shall be levied and for school houses and -lots to be collected in the same manner as the tax provided for in collected. the thirteenth sections of the act to which this act is amendatory, and shall be consolidated therewith on the tax rolls; but it shall be the duty of the said Board of Education, in each and every year, when such tax is levied and collected, to separate the amount thereof from the gross amount of money received by said Board P Section 522, an. 310 ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. CHAPTER Ix. for such year, and set it apart as a fund to be reserved for the purposes specified in the first section of this act. (~ 536.) SEc. 6. The Board of Education of the City BoardofEd; u cation may b'rrow monof Detroit is hereby authorized, from time to time, On ey anddisstne boids for paymnent. such term or terms of payment as they may deem proper, payent to borrow a sum of money not exceeding in all the sum of five thousand dollars, for the purposes specified in the first sectionq of this act, at a rate of interest not ex ceeding seven per cent. per arnum, payable semi-annually and to issue the bonds of said Board in such form, and executed in such manner as said Board may direct: Pro- Proviso. vided, That said Board shall issue no bond for a less sum than fifty dollars. [As amenyded by L2aws of 1850, p. 50.] (~ 537.) SEC. 7. The bonds issued under this act Bonds tobe a lien on property of shall be a charge upon all the property of said Board, B onaerd.t f which shall constitute a security for the payment thereof: Provided, That no legal proceedings shall be instituted Proviso. to enforce such lien, or to sell any property of said Board for the payment of the principal money of any of said bonds, until one year after such principal shall become due, according to the tenor and effect thereof. (~ 538.) SEC. 8. It shall be the duty of the Board of Board to keep interEducation, whenever they shall borrow any money, underpesatidnb~nds p rovi d e the provisions of this act, annually to appropriate a suffi-inki'g f nd to pay prin. cient sum out of any money which may come into theircipal. hands, to pay the interest upon the same; and also in addition thereto, an annual sum equal to five per cent. upon the amount so borrowed, to be invested, under the direction of said Board, in bonds of the City of Detroit, Section 531, ante. 311. ACTS OF THE LEGISLATTURE. PUBLIC SCHOOLS. bearing interest at such prices as the same can be pur chased, to accumulate as a sinking fund for the payment of the principal of the sum so borrowed; both of whii(,h appropriations shall take precedence of all others. An Act to amend an Act entitled' An Act relative to Free Schools in the City of Detroit." [ Appro;ed fMarch 5, 1850. Laws of 1&50, p. 50.] (~ 539.) SECTION 1.r (~ 540.) SECTION 2.9 Removal of (~ 541.) SEC. 3. The removal of any member of the School InspecItor lfr'in wPael.dt for Board of Education of the City of Detroit, from the which he is teleactatent ward for which he is elected School Inspector, after such to vacate his wr o office. election, shall not operate to vacate his office;t but not withstanding such removal, any inspector, so removing, shall continue to hold his said office, and to be a member of said Board, and all provisions of any act or acts, which make such removal a vacation of said office, are Proviso. hereby repealed: Provided, The removal of such mem ber shall not be from the city. Amends Section 13 of the Act of 1842, by simply changing the ages on on which the school assessment is based, from "five to seventeen," to "'four" and "eighteen." Section 13 was again amended by Laws of 1855, p. 3. See Section 522, ante. 8 Amends Section 6 of Act of 1847. See Section 536. t See Section X, p. 15. 312 ('HAPTEIR IX. ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. An Act to amend an Act, entitled "An Act in relation to Free Schools in the City of Detroit." Approved Feb. 7th, 1857. [Approved March 7, 1861. Laws of 1861, p. 127.] (~ 542.) SECTIOXN 1. Tlte People of t?le State of Mich- c o m m o n Council au thorized to iglos enact, That in lieu of the fifteen hundred ($1,500)levy taxes for building school housdollars mentioned in the first (1 ) section of an act ap- sc.1 osproved March twelfth, (12,) eighteen hundred and fortyseven, (1847, )u and in addition to all other taxes, authorized by law to be assessed and levied for school purposes in the City of Detroit, the Common Council of said city is hereby authorized and empowered to levy and collect a tax not exceeding twenty thousand ($20,000) dollars in any one year, to be expended in the purchase of lots, and in paying for lots already purchased in said city for the use of the public schools thereof, and in the erection and building of school houses with the necessary outbuildings and fixtures, on any lots now owned by the Board of Education, in said citv or which said Board may hereafter require. Said tax, when so Tax to be paid to 1,o treasurer of levied and collected, shall be paid to the Treasurer of Boafrdo Education. said Board, and shall vest in said Board for the sole purposes hereinbefore stated, unless the said Board shall, by resolution, direct the same to be applied in whole or in part for the maintenance and support of the schools of said Board, in which case said tax may be so applied; said tax shall be collected in the same manner, and with See Section 531. asvte. 21 ,313 CHAPTER IX. ACTS OF TIHE LEGISLA T1RE. PUBLIC SCHOOLS. the same right, duties, powers and obligations, as the generalI slchool taxes in said city., (~.543.) SEc. 2. This act is ordered to take imnmediate effect. An Act to provide for the levying and collecting of taxes for the maintenance of Free Schools in the City of Detroit. [ Approved Ma,rch 16, 1865. Laws of 1865, p. 350.] Estimatesof (~ 544.) SECTION 1. The People of the State of Michexpenses to be made. igan enctct, That it shall be the duty of "the Board of Education of the City of Detroit," to annually make an estimate of the amount of taxes deemed necessary for the ensuing or then current year, for all purposes of ex penditure within the powers of said Board, which esti mate shall specify the amounts required for the different objects of expense, as particularly as mnay be, including the teachers' salaries, purchase of lots, buildings re pairs, fuel and general current expenses. Estimates to (~ 545.) SEc. 2. When said estimate shall have been be communicated to Col o mm SO made, it shall be the duty of the President of said Council. Board, to communicate the same to the Common Council Le,v and of said city; and it shall be the duty of said Common collcti'n of. Council to assess and levy the amount of said estimate, and cause the same to be collected and paid over to said Board of Education for the purposes of the free The only change made in the original section of the Laws of 1857, p. 163, is introducing the word "require" in the place of "acquire;" also, the words "unless said board shall," etc., between the words "hereinbefore stated" and the words "said tax shall be collected."' 314 CHAPTER ITX. A CYS OF THE LEGISLA I URE. PUBLIC SCHOOLS. CHAPTER IX. schools of said city under their jurisdiction: Provided, That if the amount of such estimate shall exceed in any When esti mate ex ceeds $3 per one year, a sum equal to three dollars for each child in cehid,to sour. plus to be submitt'(1 to said city, according to the last report of the school cen- apUbrmovttalt o citilzens. sus of said city, on file inl the office of the Clerk of the County of Wayne, or in the office of the Secretary of said Board of Education, and certified by the President thereof,x then and in that case, as to so much of said aggregate estimate as exceeds the amount of three dollars for each child as aforesaid, if the said Common Council approve, the whole or any part thereof, they shall cause the said excess, or so much thereof as they approve, which shall not however, exceed said three dollars per child by more than the sum of twenty - five thousand dollars, to be submitted to the approval of the citizens of said city at the meeting required by law, to be held for the approval of such annual taxes voted by said Council,y as require such approval of a citizens' meeting; and if such excess be submitted over and above said sum, equal to three dollars per child, and not being more than twenty-five thousand dollars beyond said sum, shall be approved by said citizens' meeting, then the total amount of such tax forl school purposes for such year, shall be a sum equal to three dollars per child as aforesaid, together with the additional amount so ap proved by said Common Council and by said citizens' meeting, otherwise it shall be so much of said estimate as shall not exceed three dollars per child aforesaid, and no more. See Section 522, ante. y See Section 200, p. 117. Also, Section 532, et post. 315 CHAPTER IX. ACTS OF THE LEGISLATURE. PUBLIC SCHOOLS. Acts repeal- ( ~ 546.) SEC. 3. All acts and parts of acts,nconed. sistent with the provisions of this act, are hereby re pealed. (~ 547.) SEC. 4. This act shall take immediate effect. I. -.... I.. :316 CHAPTER IX. ACTS OF THE LEGISLATURE. DRAINAGE. CHAPTER X. SECTION SECTION 548. Council to certify nuisance. 553. Entry on premises authorized. 549. Proceedings thereupon; Jury to 554. Right to maintain ditches. view. 555. Trespass on the same. 550. Proceedings on view of premises. 551. Same. 556. Failure to attend as Juror, fineable. 552. Statement of damages to be signed 557. Act to have immediate force. by Jury. An Act to provide for draining certain low lands in the vicinity of Detroit.a [Approved Madch 29, 1849. Laws of 1849, p. 185.] TFhereas, It is represented and believed by the Mayor, Aldermen and Freemen of the City of Detroit, that great and serious injury to the health of the citizens of said city results from the overflow of water on the low lands, in the rear of and adjacent to said city, thereby overflowing a large portion of the lots of ground on which buildings are now being erected; and as the drains constructed, although of large di menltions, are by no means capable of carrying off at once the floods of water resulting from sudden rains or dissolving of snows, it follows that many cellars are filled with water, and thle debris thus carried into them, from which the injury to health must be apparent; therefore, (l 548.) SECTION 1. Be it enacted by tUe Senate andc omm o tn Couincil to 47 That ~~~~~~~~~cerlily nuis. fous(e of epresetatives of the State o f Michigan, That certiy tc,is the Common Council of the City of Detroit, shall inquire See Section 287, p. 262. 317 CHAPTER X. DRAINAGE. ACTS OF THE LEGISLA TURE. CHAPTER X. DRAINAGE. into, and certify, whether any, and what marsh, swamp, or other low lands are a source of disease to the public health of said city, and whether said public health will be promoted by drainiug thie samne; and if they shall so certify, shall file said certificate with the Clerk of the lMayor's Court of said City. Proceeding (~ 549. ) SEC. 2. The Cominyon Council shall therethereupon. upon issue a sunimons directed to the Marshall of said city, Sheriff, or any constable of the County of Wayne, requiring him to summons nine reputable fi'eeholders of such county, who are not interested in thie lai(s tihrouglih which any ditch contemplated to be cut shall pass, nor in anywise of kin to the parties interested in the land, to Juryofview l)e and app)ear oni the premises at a certain time to be specified in such summons, not less than fifteen nor more than twenty days fiom the date thereof, which summons shall also direct the officer to serve the same, and give six days notice to the owner of such lands, of the time at which the jury is to appear; and which summons shall be executed and return made thereof, in the same mananer and with like authority, as uponI services issued in cases pending before justices of the peace, and cer tify that the notice required has been given.b Proce'dings (~ 550.) SEC. 3. The Mayor, or any alderman or on view of premises. justice of the peace thereto designated and required by the Common Council, shall attend at the time and place specified in the summons, and if it appear that the no tice above prescribed has been given, and if six or more of the nine fireeholders as above specified shall then and there appear, he shall administer to each of themn an b See Section 556, post. 318 ACTS OF' THE LEGISLATURE. 319 CHAPTER X. oath or affirmation well and truly to examine and certifv ill regard to the benefits or damages which will result from the opening of said ditch or ditches. ( 551.) SEC. 4. The Commoii Council shall deliver Ibid. to the jury a map of the land through which said ditch or ditches are proposed to be opened, on which map the plan, length, width and depth thereof shall be par_ ticularly designated, with a space sufficient on each side to receive the deposit of the excavation; and thereupon the jury shall personally examine the premises and hear any reason that may be offered in regard to the questions submitted to them; and if the jury shall be satisfied that the opening of said ditch or ditches is necessary or proper, they shall so certify in writing; and further certify, whether the benefits which will accrue to the owner of the lands for the opening of said ditch or ditches, will or not, be equal to any damages that he will sustain thereby; and if such benefits are certified not equal to the damages, the jury shall assess and certify the damages which in their judgment will be sustained by the owner. (~ 552.) SEC. 5. Such inquisition shall be signed by Inquisition. all the jurors, and delivered to the' Mayor, Alderman, or justice in attendance; and for all services rendered, the same fees shall be paid as are allowed for similar ser vices in cases tried before [ a] justice of the peace. (~ 553.) SEC. 6. Upon the delivery of the certificate Entry on prem ise s of the jury to the Mayor, Alderman, or Justice in at- etu.horized tendance, which certificate, together with the inquisition and map shall be filed with the Clerk of the Common Council, and upon payment of cost of proceedings, and payment or tender of the damages assessed by the jury, DRA-INAGE. A, CTS OF THE LEGISLATURE. CHAPTER X. if any, it shall be lawful for the Common Council to enter by their agent, teams and necessary implements, upon said lands, and cut and open such ditch or ditches, designated on said map, as adopted and sanctioned by such jurly, not deterioating materially fi'om the dimen sions there laid down. Right to (5i51.) SEC. 7. After said ditch or ditches shall have ditches. been opened, it shall be lawfuil for said Common Coun cil, their successors or agent, forever thereafter, from time to time, as it shall be necessary, to enter the lands througoh which the same are opened, and clear,iid scour suchi ditch or ditches, so as to preserve the originial di nimensions thereof: Trespasses (~ 555.) SEC. 8. Any person who shall in any way on same. obstruct or injure any ditch'or ditches so opened, shall )be liable to pay the Cominoii Council aforesaid double the damages that shall be assessed by tile jury for such injury, and in case of a second or other subsequent offense by the same person, treble such damages. Failure to (~ 556.) SEC. 9. If any person summoned to attend attend asjuror,fineable. as a juror, in accordance with the provisions contained in section two of this act, shall fail or neglect to attend at the time and place specified, unless satisfactory excuse be given for such non - attendance or neglect, he shall be liable to a fine of five dollars, which may be im posed by the officer who shall officiate at the swearing of the jury, which officer may order such delinquent juror to be imprisoned until such fine is fully paid. (~ 557.) SEC. 10. This act shall take effect and be in force from and after its passage. 320 DRAINAGE. ACTS OF THE LEGISLATURE. MISCELLANEOUS PROVISIONS. CHAPTER XI. MISCELLANEOUS PROVISIONS. SECTIONS. 558. First Senatorial District. 559. Second Senatorial District. 560. Assessor to make a list to serve as jurors. 561. What persons to be selected as jurors. 562. Number which the list shall contain. 563. Who not to be selected 564. Duplicate lists to be made. 565. Census statistics; twenty-five copies of, to be deposited with the Mayor. 566. Council to appoint persons to take census. 567. Mayor and Aldermen to be Board of Health. 568. Recorder to have the powers of a Circuit Court Commissioner. 569. To have same fees. 570. Duties of Register of Deeds relative to conveyancesoflands in the city. SECTION. 571. When recor d of such deed may be read in evidenc e. 572. When deed may be read in evidence. 573. Same. 574. City may not issue due bills, etc., to circulate as currency. 575. Detroit Gas Light Company incorpo rated; duration of Company. 576. Powers of Corporation. 577. Capital stock; officers. 578. Powers of Board of Directors; lia bilities of stockholders. 579. Time of commencing operations. 580. Corporate liability. 581. Act to be public act. 582. Report to Common Council. 583. Price of gas. 584. Acceptance by the Company. 585. Act to have immediate effect. SENATORIAL DISTRICTS. (~ 558.) SECTION 1. The First District shall consist of the second, third, fourth, seventh and tenth wards of tile City of Detroit, and the townships of Greenfield, Hamtramck and Grosse Point, ill the County of Wayne, and the election returns shall be made to the Clerk's office in the County of Wayne. ( 559.) SEC. 2. The Second District shall consist of the first, fifth, sixth, eighth and ninth wards of the City of Detroit, and the election returns shall be made to the Clerk's office in the County of Wayne. [Laws of 1861 pagqe 25 2.] 321 CHAPTER XI. ACTS OF THE LEGISLATURE. XMISCELLANEOUS PROVISIONS. JURORS FOR THE WAYNE CIRCUIT COURT. Lists of per Lists to serv (~ 560.) SEC. 3. The assessors and township clerk of as jurors. asurors. each Township, and the assessor and aldermen of each ward in the City of Detroit,a shall, at the time appointed by law for said assessors to review their assessment roll in each year, make a list of persons to serve as petit jurors, and a list of persons to serve as grand jurors for the ensuing year. [Com,19. Laws, Section 4350.] Selection (~ 561.) SEC. 4. The said officers shall proceed to how made. select from those assessed on the assessment roll of the township or ward for the sanme year, suitable persons, having the qualifications of electors, to serve as jurors; and in making such selection, they shall take the names of such only as are not exempt from serving on juries; who are in possession of their natural faculties, and not infirm or decrepit; of fair character, of approved integrity, of sound judgment, and well informed, and free front all legal exceptions. [Comp.. Laws, Section 4351.] Number to (~ 562. ) SEC. 5. Such lists shall contain not less than be selected. one for every one hundred inhabitants of such township or ward, computing according to the last preceding cen sus, and having regard to the population of the county, so that the whole number of jurors selected in the county shall amount at least to one hundred, and not exceeding four hundred, one half of whom shall be designated as petit jurors, and one half as grand jurors. [ Gomp. Laws, Section 4352.] The office of ward assessor being abolished, (Section 55, p. 33.) and a single assessor for the city being created, (Section 232, p. 133.) the duties pre scribed by this and the four following sections devolve upon the latter officer. See also section 140, p. 88, as to selection of persons to serve as jurors in the Recorder's Court. 322 CHAPTF,R XI. ACTS OF THE LEGISLATU1RE. MISCELLANEOUS PROVISIONS. CHAPTER XI. (~ 563. ) SEC. 6. In making such selection, the said Who not to be selected. officers shall avoid, as fair as practicable, selecting any of the same persons who were actually drawn, and who served as jurors, during the preceding year. [ (Cornpiled Laws, Section 4353.] (~564.) SEC. 7. I)Duplicate lists of the persons so Diliplircate lit to be selected, shall be made out and signed by the officers made. making such selection, or the major part of them, and within ten days thereafter one of each of said lists shall be transmitted to the County Clerk, and the other shall be filed with the Clerk of the Township, or Assessor of the ward, as the case may be. [Com)p. L(wes, ASection 4354.] CENSUS, AND APPOINTMENT OF PERSONS TO TAKE CENSUIS. ( 565.) SEC. 8. The Secretary of State shall con- Distribution of cens's and statis ti cal dense, in a tabular form, the census and statistical re- returns. turns made to him, and as soon as may be, cause three thousand copies to be published in pamphlet form, and transmit four copies to each organized township in the State, one for the use of the Supervisor, one for the use of the Township Clerk, and two to be deposited in the townlship library; and twenty-five copies to the Mayor of the City of Detroit, and ten copies to the Mayor of any other city in the State, for the use of the several city libraries, and one copy to each of the members of the present Legislature and its officers: Provided, That in counties hlaving less than five thousand inhabitants, the supervisor in each town shall be entitled to three dollars for taking the Census and Statistics in his town extra. [CFomp. Laws, Section 637.] 323 ACTS OF IHE LEGISLATURE. CHAPTER XI. MISCELLANEOUS PROVISIONS. Council to (~ 566.) SEC. 9. In the City of Detroit, the Cornappoint persons to take, census. mono Council shall appoint a person in each ward to dis charge the duties required by this act, (to take census,) to be performed by the Supervisor of each township or ward: Providecd, There is no Assessor elected iii said wards. [Comtp2. Latws, Section 638.] BOARD OF HEALTH. Who to con- (~ 567.) SEC. 10. The Mayor and Aldermen of each stitut'13oard of Health. incorporated city, and the President and Council, or Trus tees, of each incorporated village in this State, shall have and exercise all the powers, and perform all the duties of a Board of Health as provided in this chapter, within the limits of the cities or villages respectively of which they are such officers.b [Comp. Laws, Section 1385.] POWERS OF THE RECORDER. To have the (~ 568.) SEC. 11. The Recorder of the City of Degowers of a Circ't Court C o m m i s- troit shall have and exercise the same powers as are sioner. now exercised by the Circuit Court Commissioner of the County of Wayne.' [ Comp. Laws, Section 4000.] Fees. (~ 569.) SEC. 12. The Recorder is authorized to de mand and receive the same fees for the services so ren dered as are now by law permitted to be demanded and received by the Circuit Court Comminissioner.d [Comp)iled Laws, Section 4001.] b See 27th subdivision of Section 103, p. 60. See Sections 121, 122, p. 83. d By the Session Laws of 1867, Vol. I, p. 88, jurisdiction in cases of forc ible entry and detainer is conferred upon the Recorder. 324 ACTS OF THE LEGISLATURE. MISCELLANEOUS PROVISIONS. An Act relative to the Registry of certain Deeds. T Approved March 9, 1844. Laws of 1844, p. 60.] (~ 570.) SEc. 13. The Registel of deeds of the County Deeds by Governor of Wayne shall record at length in the registry of deeds and Judges. in his office, any conveyance or deed of land, duly executed and delivered bv the Governor and Judges of the late Territory of Michigan, by virtue and in pursuance of an Act of Congress, entitled "An act to provide for the adjustment of titles of land in the town of Detroit and Territory of Michigan, and for other purposes," approved April 21, 1806; and the record of such conveyance or deed, or a transcript thereof duly certified by said Register, may be read as primna facie evidence in any Court of Record within this State, if produced in court, could be read in evidence of the title of the land therein described, under said Act of Congress. (~ 571.) SEc. 14. In any case where any such convey- Record of such deeds. ance, duly executed by virtue and in pursuance of said act of Congress, as aforesaid, has been heretofore recorded in the registry of conveyances in the office of the Registry of Deeds, in the City of Detroit, or the Register of Probate, or the Register of Deeds of the County of Wayne; the record of such conveyance or deed, or a transcript Wheniltmay be read in thereof, duly certified by the Register of Deeds of said evidence. County, may be read as prima facie evidence in any Court within this State, in case the original of such record, if produced in Court could be read in evidence of the title of the land therein described, under said Act of Congress: Provided, That this act shall not be construed so as to effect any proceeding now pending in 325 CHAPTER XI. ACTS OF THE LEGISLATUR?E. MISCELLANEOUS PROVISIONS. any Courit of law or equity of this State: And hVovQic(ed, That it shall not he so construed as to effect the ri,ghts now vested in any person or persons. An Act, amending an Act, relative to the Registry of certain Deeds. Approved March 9, 1844. [ Approved lay 7, 1846. Laws of 1846, p. 156. ] ( ~ 572.) SEc. 15. It shall not be necessary to acknowledge or prove the execution of any deed of land which may have been or shall be granted by the Mayor, Recorder, and Aldermen of the City of Detroit, under the provisions of an Act of Congress, entitled "An Act supplementary to an Act to provide for the adjustment of titles to land in the town of Detroit, and territory of Michigan, and for other purposes," approved August twenty - ninth, one thousand eight hundred and and forty-two, to entitle the same to be recorded; but every such deed which may have been, or shall be executed by said Mayor, Recorder, and Aldermen, under their respective hands and seals, shall be entitled to be duly recorded, and every such deed so recorded, or the record or transcript of' such deed, duly certified, may be read in evidence in any Court within this State, without further proof thereof: Provided, That this act shall not be construed so as to affect any proceedings now pending in any Court of law or equity in this State, or to affect the rights now vested in any person or persons. 326 CHAPTER XI. ACTS OPF THE LEGISLATURE. MISCELLANEOUS PROVISIONS. An Act relative to Conveyances in the City of Detroit. [ Appr(n'ed April 1, 18,50. Laws of 1850, p. 232. ] WTherects, Many or most of the conveyances of lots ill the City of Detroit, made and executed by the late Governor and Judges of the Territory of Mich igan, were made without any acknowledgmlent by the said Governor and Judges as required by the law of the time, requiring conveyances in general to be acknowledged to entitle them to be recorded: And TVherects, Manay or most of these conveyances have been recorded in the proper registry of the County of Wayne, or of the City of Detroit as heretofore existing, and now remain of record in the said County Registry: And Whereas, Many of said original conveyances have, by time, accident, or otherwise, been lost, or are out of the possession or control of those owning and claiming the said lots; therefore, (~ 573.) SEC. 16. lie it enacted by the Sencate cand io?tse of Represent(atives of the State of Michigan, That all deeds and conveyances of lots or lands in the City of Detroit by the late Governor and Judges of the late Territory of Michigan, that have heretofore been recorded in the registry of deeds of the County of Wayne or the City of Detroit, the record of said deeds, or a certified copy thereof l)y the Registei of Deeds of the County of Wayne, may be used and read in evidence in all Courts and places with the same force and effect as if the 327 CHAPTER XI. ACTS OF THE LEGIOSLA TUBE. MISCELLANEOUS PROVISIONS. original deeds or conveyances from the said (overeinor and Judges were produced and proved: Providee, It shall first be made to appear that sutch original deed or deeds have been lost or destroyed. CITY NOT TO ISSUIE DUE BILLS. Corporation (~ 574.) SEC. 17. Section three of an act to amend not to issue due bills. due bills an act, entitled "An Act relative to the City of De troit," authorizing the issue, by the corporation, of due bills in payment of the debts of said corporation, be and the same is hereby repealed; and said corporation is ex pressly prohibited from issuing any new due bills, checks, drafts or tickets, designed to circulate as paper currency, or to pass from individual to individual as a circulating mediumn, or re-issuing any such due bills, checks, drafts ot to re- or tickets; and any person who shall as Mayor, Recorder, issue. or Alderman, or otherwise sign any such due hills, checks, drafts or tickets, for such corporation, or shall put such due bills, checks, drafts or tickets, in circulation for such corporation, shall be deemed guilty of a misdemeanor, Punishm'nt. and, on conviction thereof, shall be fined a sum of not less then five hundred dollars, nor more then one thou sand dollars, and be imprisoned in the county jail until said fine is paid. [Laws of 1842, p. 28.] 328 CHAPTER XI. ACTS OF THE LEGISLATURE. MISCELLANEOUS PROVISIONS. An Act to incorporate "The City of Detroit Gas Company."' [Approved March 14, 1849. Laws of 1849, p. 82.] WAereas, Certain persons have associated themselves un- Preamble. der the style of "The City of Detroit Gas Comp any," for the purpose of carrying on and establishing in said City of Detroit a gas manufactory, of the kind now generally used, or any improved gas or inflammable substance, and of supplying the citizens with gas, who desire the same, at rates to be agreed upon, the following being the names of the persons who have signed the articles of association and taken shares of stock, viz: L. C. Rose, Jason Braman, J. M. Slater, Jeffrey Coles, James Cooper, John N. Williams, James Beck, Mathew Anderson, T. R. Davenport, Henry H. Leroy, Samuel Howlet, F. F. Parker, and of whom at present said is President, said Beck, Secretary, said Parker, Treasurer, and said Leroy, Rose, Braman and Slater are Directors. And whereas, The Common Council of said city have The same. given the necessary permit to said corporation to lo cate said establishment in said city, and to run their pipes through the streets of the same, and have given them the exclusive privilege so to do for the period of ten years, on condition and under certain restrictions, as appears by an' agreement, in writing, signed by a committee of said Council, and to which reference is hereby had; And whereas, said persons have applied to this Legislature to be incorporated, the more effectually to enable them to accomplish the said objects of -their organization. r See Section 574, changing name of the company. 22 329 CHAPTER XI. ACTS OF THz LEGiASATVE. CHAPTER XI. MSCELLANEOUS PROVISIONS. (575.) SECTION 18. That said persons above named, who have signed said articles of association, and all such other persons as have or shall become stockholders and associated with them for said purpose, and their succes sors or assigns, shall be and are hereby constituted and declared to be a body politic and corporate, under the Nameotfcor- name and style of the "Detroit Gas Light Company," poration changed. for the object and purpose contemplated and stated in Duration of the above preamble, for the period of forty-eight years corp'ration. from and after the passage of this act; g Provided always, That within the period of three years h they commence operations, and continue the same with all reasonable dis patch. [As amended by Laws of 1851, p. 19.] Powers of (~ 576. ) SEC. 19. The Corporation hereby created by the corporation. the name aforesaid, and the successors thereof, shall have continual succession for the period aforesaid, and shall be persons in law, capable of suing and being sued, pleading and being imnipleaded, answering and being an sweredl unto, defended and defending in all courts, suits, proceedings, places and matters whatsoever, and capable of having a conmmon seal; of acquiring, holding and conveying estate, real, personal and mixed, necessary or expedient for the Corporation for the purposes and ob jects thereof. Ca.iItal (~577.) SEC. 20. The capital stock of said Company stoe~ shall not exceed one million of dollars;i such stock may be subscribed for and issued from time to time as the business of the Company shall make necessary under the By the original act the life of the corporation was limited to fifty years. h By act of 1849, one year. By Act of 1849, the stock was limited to one hundred thousand dollars, and by the Laws of 1855, p. 420, to five hundred thoisand dollars. 3:30 ACTS OF THE LEGISLATURE. MISCELLANEOUS PROVISIONS. CHAPTER XI. direction of the Board of Directors; the property affairs and concerns of said Corporation shall be managed and conducted by a Board of seven Directors, who shall con- Officers. Bist of a President, Secretary, Treasurer, and four other Directors, all of whom shall be stockholders except the Secretary. [As amended by Laws of 1867, Vol. I, p. 923.] (~ 578.) SEC. 21. The majority of the Board of Di-P owers of Board of Directors and stockholders, on account of said corporationrectors. hereby created, shall have, and hereby are declared to have, full power and authority to make, prescribe, and carry into effect all such rules, by-laws and regulations, and the same to alter, amend and renew, as the majority of the Board of Officers and stock, at a meeting of the holders thereof, regularly called, shall think proper to make, which are necessary and proper for the purpose of carrying out the true intent and meaning of this act; and among other things to provide for calling new elections when any election fails to be made when duly called, and may form, if they think proper, a constitution or articles of agreement, to be signed or to govern them within the provisions of this act, containing the elements of their organization, the rights, privileges and duties of officers and members; the modes and times of calling elections and holding the same, the accounts of stock, and liabilities and privileges of holders, and the exercise of the powers above contained, and concerning all other matters and things in and about the regulation, control, conduct of the corporation, its objects, and all matters pertaining thereto, and for the changing and amendment thereof from time to time, as may be necessary. And for the purpose of commencing to organize and making necessary rules, the ss AClS OF THE LEGISLATURE. CHAPTER XL MISCELLANEOUS PROVISIONS. said present Board of Officers and persons, who have signed said articles of association, or a majority thereof, as soon as this act becomes a law, may get together and exercise, all and singular, the powers aforesaid nec essary or expedient. It being, expressly provided that this cerporation shall never exercise banking powers or brokerage business, or anything in the nature thereof; that it shall make no regulations or rules contrary to law; that it shall at all times be subject to the inspec tion of the Legislature, or a committee thereof, and shall make a full report of all its affairs and doings whenever Liability of required by said Legislature. All the shareholders shall share hold ers. be jointly and severally liable for all debts and contracts of the company until forty per cent. of the capital stock shall have been paid ill, and also for all debts of the company of every description after the capital stock of the company shall have been exhausted. ime of ( 7.~SC 2 conmenci'g (~ 579.) SEC. 22. Unless the said corporation shall operations. have established their manufactory, and so far progressed as to begin to supply gas to some portion of the city, within four years,j from tile passage of this act, this act shall cease and become null and void. [A)s amnended by Laws of ]1851, p. 20.] Ciorporate (~ 580.) SEc. 23. That the property of every indiliability. vidual vested in said corporation shall be liable to be taken on execution for the payment of his or her just debts, in such manner, as is or may be prescribed by law. Public act. (~ 581.) SEC. 24. That this act be and the same is hereby declared to be a public act, and that the same i By the original act the time was limited to twenty-four months. 332 ACTS OF THE LEGISLATURE. MISCELLANEOUS PROYISIONS. CHAPTER XI. be construed in all courts and places favorably for every beneficial purpose therein mentioned. (~ 582. ) SEc. 25. The said company shall annually, tRheerOmtor Council. on the first week of January, make an accurate report, in writing, to the Common Council of Detroit, showing the amount of capital stock actually paid, the amount issued, all real or personal estate had or owned by said company, and the cost of the same; a statement of the extent of pipe laid down; the number of street lamps erected; -which report and statement shall be verified by the oath of the Secretary and one of the directors of said company. [As added by Laws of 1855, p. 21.] (~ 583.) SEC. 26. The said company shall not increase Prceofgas. the present price charged for gas without the consent of the Common Council of said city. [As added by Laws of 1855, p. 21.] (~ 584.) SEC. 27. Said company shall be entitled to Acceptance. all the benefits and subject to the provisions of this act, on filing in the office of the Secretary of State a written acceptance of this act, signed by its President and Secretary, and sealed by its corporate seal.k [As added by Laws of 1855, p. 21.] (~ 585.) SEc. 28. This act shall take effect immediately. k The acceptance of the company was filed June 27, 1855. 333 I I NDEX. ACCOUNT3. To be audited by Council,......... When to be accompanied by affidavit,.... Same,............. When Controller to audit and allow,..... Doubtful, to be returned by Controller to Council,.. Doubtful, proceedings on if allowed by Council,.. Audited and allowed, Controller to make annual report of,. Controller to open with Treasurer,...... Against the City, when barred from action,.... Prosecuting Attorney to render,....... Of Board of Police Commissioners subject to inspection, Of Board of Fire Commissioners subject to inspection,. Of House of Correction, how audited,..... ACKNOWLEDGMENT, Of deeds may be taken by Controller,......... Of deeds, when may be taken by City Clerk,..... Deeds, of Mayor, Recorder, etc., may be recorded without,. ACQUITTALS, Clerk of Recorder's Court to report number of,... ACTIONS, On accounts against City, when barred,.... When to be conducted by City Attorney,.. Pending when charter revised, to be continued, ACTS CONTINUED, Incorporating Fire Department of City Detroit, Amending laws relative to supply of water,.. To authorize Water Commissioners to borrow money, Relating to Schools in City of Detroit,.... Relating to registry of certain deeds..... Relating to certain conveyances in City of Detroit,. Certain sections relative to jurors,. Certain sections relative to Boards of Health,. To establish Police Court,... -. To provide for drainage of certain low lands,. ADJOURNMENT. Of sessions of Council,.............. Of special sessions of Council............ Of drawing of Jurors,.............. Of drawing of Jurors, notice of, to Recorder and Sheriff, ?.as. 45 45 126 36 37 37 37 38 45 83 213 256 235 80 so 215 62 62 62 62 63 80 120 361 446 400 .'t 6 43 - 251 146 . 572 326 155 94 ... 80 .. 60 ... 273 45 86 157 ... 287 .. 287 ... 287 .. 287 ... 287 .. 287 ... 287 .. 287 ... 287 .! 287 161 161 161 161 162 162 162 162 162 162 47 48 90 .. 85 86 1. 144 144 90 336 INDEX. AFMDAVITs. When to accompany claims and accounts,. Same,........... May be submitted to Board of Review of Taxes, False, to be deemed perjury,..... What officers may take,...... When Chairmen of Committees may take,. Same,.......... Clerk of Recorder's Court may take,.. Clerk of Police Court may take,..... Complaints to be in form of,..... Of printer, of what to be evidence,.. AGRICULTURAL LANDS. To be assessed at actual cash value,...... ALDERMEN. When elected,............. Terms of office of,........... Shall constitute the Common Council,....... Ineligible to office of Recorder......... Ineligible to certain offices,......... Ineligible to certain offices for one year after his term,. Shall vacate office if interested in contracts,..... Shall vacate office for receiving bribe,...... Penalty for offering bribe to.......... Vacancy in office of, how filled,........ To have powers of Policemen,........ To be Inspectors of Election,........ To be members of Board of Registration....... Same,.............. Same,.............. With Assessor, to have powers of Supervisors, With Assessor, to represent corporation in Board of Supervisors, To vote on all questions in Council, except when interested, Certain contracts with, to be void,...... Powers of, at fires,........... Power of Council to expel,...... May administer oaths and take affidavits,...... Majority of, constitute quorum of Council....... Absent, how brought before Council,....... Absent, power of Council to compel attendance of,... Proceedings by, to call special session of Council,... Compensation of,............ Majority vote of, necessary for appointments and removals, May direct Street Commissioner to notify owners to repair side walks,............. -..... May inspect records of Recorder's Court,...... ALLEYS. See HighAways, Streets. When Street Commissioners may direct the working, etc., of,. When Overseers of Highways to work and improve,.7 May be cleaned by contract.......... Power of Council to work and improve,... Power of Council to open, extend, vacate, etc.,.... Power of Council to open, extend, vacate, etc.,.... Power of Council to pave, grade and repair,...... Power of Council to levy tax to pave, grade, etc.,. How cost of grading, paving, repairing, etc., to be paid, Power of Council to dispose of dirt in....... Power of Council to clean,.......... Power of Council to prevent encumbrances on,.. 336 INDEX. . 45 . 126 137 IOD 43 44 52 79 227 84 159 .... 80 ... 215 .... 237 ... 284 .... 76 ... 78 .... 102 ... 109' .... 388 ... 126 .... 282 ... 233 134 3 15 82 11 11 12 19 46 16 16 11 13 14 14 27 so 39 38 469 498 2.34 284 99 217 263 21 76 82 82 96 86 96 100 106 132 16 17 18 18 22 25 28 27 268 288 134 134 51 126 152 20 43 46 46 ,50 47 50 51 75 86 7i 72 72 103 103 157 103 203 10.3 103 103 103 41 41 42 54 54 95 64 119 55 55 55 55 flJ)EX. 33 8NCTION. 103 103 168 168 168 184 191 314 m4 Power of Council to prescribe the use of,...... Power of Council to survey and ascertain boundaries of,. Damages by opening, vacating, etc.;-, how apportioned,.. Damages by opening, vacating, etc., to be paid from Contingent Fund,.............. Benefits from opening, vacating, etc., how assessed,. Assessments of benefits by opening, to be paid Treasurer,. Sale of lands in default of payment of assessment for opening, Platting and recording of plats to be dedication of,.. Power tolay water pipes through,....... Police authorized to remove nuisances in,..... ALMs HOUSe. Power of Council to establish,......... Power to imprison in.......... Power to employ inmates of, on public works,.... Superintendent of, how appointed;....... AMENDMENTS. Of Complaints and Pleadings in Recorder's Court,. AxuSEMENTS. Unsafe, power to prohibit, in streets, etc..... ANIMALS, Power to impound,...... Power to compel fastening of, in streets, etc.,.. APPEALsI From Recorder's Court, power to take,..... From proceedings to open streets, highways, etc.,. Bond for, in such cases........ Return of Clerk of Recorder's Court in such cases,. Proceedings on, in such cases,......... From Board of Review to Council........ From Board of Review to be summarily determined,... From Board of Review, how long hearing may be continued,. From Police Court,................. APPOINTMENTS, Of officers by Council................ 4 APPROPRIATIONS, Controller to report when exhausted,........... 62 Power of Council to make,........ 103 ARRESTS, When electors not subject to, on civil process,....... To be made known to proper public o6ficer,....... Of persons without warrant,........ Of persons at fires, refusing to obey orders of Engineer, etc., Of disorderly persons at fires,.............. Of persons wilfully setting fires,............ ARSON, Information or complaint for, to be endorsed by Recorder,. AsH HousE s, Power to regulate constructic of,......... ASSES, Power to prevent the raniu at large of,........ 103 58 ASSESSMENTS, Special, to be collected by City Collector...... 69 41 Special, property bid in by Corporation on sales for, how held, 252 147 For paving, grading, eoc. streets, bighways, etc., power to levy, 103 54 For numbering buildings, power to evy,....... 103 59 For abatement of, is~sxcs, pou,wer to levy,....... 108 60 337 INDEX. P.... 56 59 I 402 102 iO2 108 108 ill' l I-$ 198 103 103 67 4 69 7!4 7i 12 .. 126 .. 103 84 r)6 103 1 58 103 58 130 177 177 178 179 240 241 242 389 86 io6 105 106 106 138 188 189 228 i2 ST 71 54 357 2.97 264 264 269 82 210 169 153 153 154 81 . 114 ioa.64 338 INDEX. For filling up sinks, cellars, etc., power to levy, For building lateral sewers, power to levy,.. To be made by Assessor.........,... When to be paid by the city,.... On cellars drained into public sewers, power to levy,. Power to make regulations for,...... Illegal when paid, power to refund,..... Illegal, power to vacate......... On Insurance Companies,....... New, when may be made to pay certain deficiencies,. New, Council may limit time for making,..... For public works to be levied, before work commenced, Ordinances, etc., for, when to be passed,.... On agricultural lands, how made....... On lots lying in two or more wards,...... Description of lands subject to,....... Not vitiated by wrong name of owner,. May be equalized, corrected, etc., by Board of Review, Not to be increased or made by Board without notice,. Complaint of, may be made to Board of Review,.. Erroneous, when may be changed by Board of Review,. Appeal from decision of Board relative to,.. - Not to be increased by Council without notice, ~. Local, when warrants to issue for collecting,.. For water rates, power to make,...... For water rates, list of to be kept,...... For water rates, to be a, lien,....... For paving, grading, etc., to be a lien,..... ASsESSM[ENT ROLLS, Special, to be made out by Surveyor........ Special, to be placed in hands of Receiver....... When to be made out for the Wards,...... To be reviewed and approved by Board of Review,.. Powers of Board relative to, same as that of Supervisors,. To be returned by Board of Revew to Council,.... To be considered by Council,.......... May be corrected by Council,....... How long may be considered by Council,...... To be the basis of all taxes,........ Taxes to be extended on, in separate columns,.... When to be delivered by Assessor to Controller,.. To be delivered by Controller to Receiver,..... Receiver to give notice of reception of,.... When warrants may issue for taxes unpaid thereon,.. ASSESSMENT OF BENEFITS. See Benefits. AssESSOR, How appointed and term of office of,...... May appoint Assistants,......... Compensation of,........... When to assess proprerty,....... To discriminate between certain classes of property,. How to assess agricultural lands,........ When to make out Assessment rolls,. Action subject to revision of Board of Review and Council,. With Aldermen, to have powers of Supenrisors,.... With Aldermen, to represent Corporation in Board of Supervisors, May demand list of property from owner or agent,. How such demand to be made by,...... How to proceed when list not furnished....... 338 INDEX. 103 103 70 103 103 103 105 105 105 106 106 206 218 2,33 2 -35 235 235 237 237 237 237 240 241 254 315 317 315 103 61 6 ) 41 55 59 71 76 76 76 117 77 122 127 134 135 135 13.5 . 136 137 137 137 138 138 148 183 184 183 55 68 2.li4 233 237 238 237 240 m m 242 243 243 243 24.'3 241 41 148 134 136 137 137 1138 138 139 139 139 139 139 140 141 232 232 232 233 233 .233 233 133 133 133 i33 184 134 134 234 234 234 236 236 236 134 135 135 135 180 INDEX. SECTION. * 243 . 243 ~. 459 459 *. 70 140 ~. 561 563 .. 564 * 55 To extend tax on rolls in separate columns,.. When to deliver tax rolls to Controller,.. 1 Duty of, relative to State and County taxes,. To make out State and County tax rolls,... To annex warrant to State and Connty tax rolls, To prepare list of persons to serve as jurors,.... Same,............ How to make selection of persons to serve as jurors,. Same,............ To make duplicate lists of persons to serve as jurors,. Ward, office of abolished,....... ASSIGNATION HOUSES. Power to suppress,......... ASSISTANT MARSIALLS, How appointed,.4 Powers and duties of,........ ASSUMPSIT, When tax may be recovered in an action of,.... 248 ATTORNEY, CITY. When elected,.................. a Term of office of,............ 15 Qualifications of,................ 8 To file official bond,............... 29 To conduct suits and proceedings in Recorder's Court, 6.. 60 To collect fines and penalties.......,... 131 To draw up resolutions for opening, vacating streets, etc.,.. 158 To conduct proceedings for opening, vacating streets, etc.,. 160 To advise jury in proceedings for opening, vacating streets, etc., 165 To give notice of report of jury for opening, vacating streets, etc., 172 When vacancy in office of, may be filled by the Court,.. 127 Compensation of person appointed to act in place of,.. 127 AUCTIONS. Mock, power to prohibit and suppress,........ o108 65 Power to regulate, l............... 10a 66 AUCTIONEERS. Power to license and regulate,............ 10. 66 AUDITOR, CITY. Associated with Water Commissioners for certain purposes,. a19 184 AUDITORS OF WAYNE COUNTY. To pay certain accounts for apprehension of criminals,. 345 198 May inspect records of Recoodl's 0ourt,.......132 86 Power to regulate,s. P r....I. 103 BAH. Power to hold to, for good behavior,.........,... Clerk of Recorder's Court to report number of persons held to, Special, allowed on charge of violating ordinances,. No member of police to become or furnish,.2 Persons committed in default of, how discharge,.. 8 Who authorized to take......... When Police Juostice may take, for appearance ad Recorder's Court, For appearance at Recorder's Court, who may take,... Confinement!A House of Correction, for wact of, in State Courts, BALLAST. Power tA regulate throwing of, into Detroit River,... t0a 5a For BQ to cac t the vacancy, LLOT50 31S. For p~~ to fiH-1 vaC~.ci.es, to (clsi~ the vacancy,,-.. 50 31 339 PAGE. 139 1389 142 261 261 41 88 322 823 323 33 .. 103 64 ~. 4 12 ~. 67 40 145 11 19 16 23 36 86 96 98 101 108 85 85 56 103 155 357 35'7 374 374 37.8, 418. 72 94 211 211 218 t18 2 222 244 340 fDEX. BALLOT BoxES. One for each ward or district to be kept by the Clerk,. When to be delivered to Inspectors of election,.... BANKS. Power to make contracts with, for keeping public moneys,. BARNS. Power to cleanse or abate,......... Power to regulate the construction of,...... Power to regulate use of lamps in,.......... BATHING. Power to prevent and regulate,........ BATH HOUISES. Power to license and regulate,........ BEEF. Power to inspect,......... BEGGARS. Power to punish and restrain,........ BENEFITS, ASSESSMENT OF. In opening ditches to drain low grounds, how made,.. Same,.............. In cases of opening, altering, vacating, etc., alleys,.. Amount collected from, to be paid Treasurer,.... Same,................... When land may be sold to pay, When to be offset against damages in the opening of streets, etc., BELLS. Power to regulate the ringing of,........ BILIARDS. Power to suppress gambling with,........ BLLIAuRD TABLES, Power to license and regulate keepers of,.... BILLS OF MORTALITY, Power to compel the keeping and returning of,.... BIRTHS, Power to regulate the registration of,..... BLACKSMITH SHOPS. Subject to regulations as to their construction and management, BLOCKS AND STREETS, See Plats, Plats of, to be approved by Commissioners on plan of city, Plats of, to be acknowledged and recorded, Approved by Commissioners, copies of to be deposited with Clerk, Not approved, acknowledged and recorded, of no validity, Platting and recording plats of, evidence of dedication,. Record of former plats of, evidence of dedication,.. BOARDS, Members of, may administer oaths and take affidavits,. May issue subpoenas, and compel production of papers,. BOARD OF AUDITORS OF WAYNE COUNTY. See Auditors of, etc., BOARD OF CITY CANVASSERS, How composed,............. BOARD OF COMMISSIONERS ON PLAN OF THE CITY, How appointed,............. Lands not to be laid out into blocks and streets, without approval of a majority of,.......... Liitatin of powers of,......... 340 INDAIX. 28 1 29 128 61 61 63 64 1 67 68 64 59' 319 102 102 108 108 112 69 65 67 69 1 6.,9 41 41 221 . 103 103 . 103 103 103 53 103 103 551 168 168 184 184 194 103 103 103 1 103 103 189 18.9 190 191 191 191 102 102 63 ill ill ill ill ill ill 52 52 48 189 18.9 189 81 110 III ill INDEX. City Clerk to be clerk of,...... 1 Plats not approved by and recorded, of no validity, Vacancy in, how filled,....... To receive no compensation,........ BOARD OF EDUCATION, How constituted, 54 Same,......... Made a body corporate,. Schools to be under the direction of, General powers and duties of,. Same,............. Quorum of, how constituted.... Same,........ City Clerk to be clerk of,.. Recorder may sit with,... Same,........ Power to take census of children,. Jurisdiction of Recorder's Court in matters relating to, To make annual report,........ May establish High School and appoint Superintendent, City Treasurer to be treasurer of,....... Power to elect President of,......... Title of real estate to vest in,........ May make loans and issue bonds,....... Bonds of, to be a lien on property of Board, 8 To make annual appropriations for payment of bonds of, Removal of members of, when not to vacate office,.. To make annual estimate of expenses,...... Estimates of, to be submitted to Council,..... BOARD OF COMMISSIONERS OF SINKING FUND. See Sinking Fund, BOARD OF HEALTH, Power to establish,........... How constituted under general State law,...... Certain section of Revised Statutes of 1846, relative to, continued, BOARD OF INSPECTORS OF ELECTION. See Inspectors of Electn. BOARD OF INSPECTORS OF HousE OF CORREcTION. See House of Cor rection. BOARD OF REGISTRATION. See Registration, Board of. BOARD OF REVIEW, May revise and correct action of Assessor,. 1 How appointed, and of whom to consist,.. Term of office of,........ Sessions of, when and where held,. 1 Power to equalize, correct, amend, etc., assessments,. Not to increase any assessment without notice, -. Power to review assessments complained of,.. Majority of, may correct erroneous asessments,. To return assessment roll to Council,..: Compensation of,......... Have powers of Supervisors, to correct assessment rolls, Notice of meetings of, to be given by City Clerk,. Appeals from the Common Council,..... Members of, may sit with Council to consider appeals, BOARD OF SEwER COXMISSIONERS, How appointed,.............. To have control of all public and private sewers,. To furnish Council with list of sewers recommended, Terms of office of, and compensation,... 1 May appoint Engineer,........... 341 190 191 192 193 p... III ill . 112 112 .... -. 514 ..... 5 ...... 514 ..... 510 ...... 514 ..,... 18 ...... 515 ...... 516 1..... 517 ...... 514 ..... 518 302 13 302 3w 302 303 301 308 303 303 302 303 519 520 522 523 529 531 536 537 538 541 544 545 304 304 305 305 308 309 311 311 311 312 314 314 103 567 287 to 324 162 .. 233 .. 237 .. 237 .. 237 .. 237 .. 237 .. 237 .. 237 .. 237 . - 237 .. 238 .. 239 .. 240 .. 240 134 136 136 136 136 1,37 137 137 137 137 137 138 138 138 ... 5 .. 5 ... 5 ... 5 ... 5 13 13 is 14 14 342~~ INE SZCTtON. PAGE. BOARD OF WATER CONMIsSIONaRS. See Water Commissrs. BoIEnRs, Power to regulate the putting up of,..... BONDS, May be issued to provide money for public buildings,. For public buildings not negotiable for less than par value,. Public meeting to consent to issue of, for Building Fund,. Not to be issued uuless authorized by law,..... New, may be issued to refund outstanding bonds,.... New, when issued, to show class of indebtedness,. New, to be dated, sealed; for what sum to be issued,. New, Controller to keep list of,....... Old, when refunded to be cancelled and destroyed,.... Old, list of cancelled and destroyed to be kept,.... Issued, contrary to provisions of Charter, void,.... Committee to negotiate, how constituted,..... Refunded, to become property of Commissioners of Sinking Fund, Public faith and property pledged to secure,........ Volunteer Bounty, Council authorized to issue,..... Volunteer Bounty, tax authorized for payment of,.. Water Commissioners anthorized to issue....... Same,.............. Same,.............. Issued by Water Commissioners, to be registered,. Water Commissioners, to make investment for payment of, New, when Water Commissioners may issue,... 3 New, when issued by Water Commissioners, to be registered,. Board of Education authorized to issue....... Made a lien on property of Board of Education,..... Board of Education to make appropriations to pay,. On appeal in cases of street openings, etc.,..... Of Corporation to be countersigned by Controller,. Treasurer to be charged with,......... Treasurer to have custody of certain,...... BoNDs, OFFICIAL. When to be filed,........... What officers to give....... Council may direct what ofllcers shall give,..... Condition of,............ Of Constable, special conditions of,....... Council may order renewal of,........ Neglect to file, vacates office,......... When sureties on, required co justify,....... Clerk to report officers failing to file,........ Of Property Clerk of Metropolitan Police,..... Of Treasurer of "Metropolitan Police Fund,"..... Of Clerk of Police Court,.......... Of Collectors, for collection of State and County taxes,. 4 Of Collector and Treasurer, for security of school moneys, Of Collectors for collection of school taxess,..... To be given before license shall issue....... On issue of license, Mayor to examine sureties of,.... Booxs AND PAPERS. Refusal to deliver over, punishable as a misdemeanor...... 74 42 BooKs AND PICTURES, INDECENT. Power to prevent exhibition and sale of,...... 103 58 BOUNDARIES~~~~~~~~~~~0 58 BOUNDARIES. Of City,... Same,... C.. 2 9 ... 302 175 342 INDEX. .. 103 64 '104 204 205 208 208 210 210 210 211 211 212 222 120 121 121, 123 123 124 124 124 124 124 124 128 226 2'-' 9 465 466 310 336 ,337. 310 819 319 319 130 131 265 266 181 190 191 181 184 185 Isla 636 537 5.38 177 62 63 65 311 311 311 105 36 38 39 is 29 29 30 31 32 313 34 35 343 359 388 461 525 528 103 103 20 . 23 23 23 23 24 24 25 25 196 212 227 263 306 308 71 71 INE. 4 Of Wards,.............. Of Wards, Ninth and Tenth,........ Of Wards, how altered,.......... Same,............. Of Highways, Streets, etc., power to survey, ascertain, etc., BOUNTY FUND. See Bonds. Tax authorized to pay........... Bonds may be issued, to be known as "Volunteer Bounty Bonds," Interest on Bonds to pay,........ Limitation of power to impose tax to pay,..... BREAD. Power to inspect and regulate weight of,. BREWERIES. Power to regulate construction and management of, BRIBERY. Punishment for offering or receiving, BRICK. Power to regulate the size of, Same,...... Same,..... ...... 14 t r h.......103 Same.............. 104 .......105 BRIDaGES. Street Commissioners to superintend construction of,... 7 1 Power of Council to establish, construct, maintain etc.,.. 103 BULDLNGS. Power to assess expenses of numbering.......... 103 Wooden, power to prevent erection of, within certain limits, 103 Power to prevent removal and repair of, in certain limits,.. 103 Stone and brick, power to regulate construction of,... 104 Same..................... 105 Not to be erected on certain docks and wharves,... 103 Public, power to provide for erection of,......... 103 Unsafe, power to remove, and assess expense of removal of,. 79 Same,.................... 103 Right to remove, erected on lands purchased at tax sales,. 246 Same,.................... 247 Same..................... 250 BUILDING MATERIALS. Power to regulate the inspection of,........... 103 BURGLR'S TOOLS. To be seized by police,............... 377 When to be destroyed,.. -........... 377 BURIALS. Of Strangers and Paupers, power to provide for,.. Power to regulate generally,........ BUTCHERS. Power to license and regulate,....... BUTCHERS' SHOPS AND STALLS.. Power to compel the cleaning or abating of,.... Power to prohibit erection of, within certain limits,.. BUTTER. Power to provide for the inspection of,.. - BY-LAws. Power of Council to pass,.......... CABs. See VeAie. In streets, power to prescribe stands for,... At depots, wharves, etc., power to prescribe stands for, 343 INDEX. 2 3L)3 2 308 103 I'll... 10 176 10 i77 59 465 465 466 467 265266 266 266 ... 103 ... 103 67 63 is 64 73 74 41 58 59 63 63 13 74 53' 69 44 56 145 145 146 67 221 221 . 103 68 108 68 . 103 66 . 103 61 103 62 .. 103 68 ... 96 r)o . 103 57 1013 57 344 INDEX.~~~~~~~~~~~~~~~~~~ CABMEN. Power to regulate, at depots, steamboat landings, etc.,. Power to license and regulate,...... CAMPWRNE FACTORIES. Power to cleanse or abate,....... CANVASSERS. See Board of City Canvassers. CANVAss. Of votes, how made,......... CARAVANS. Power to license or prohibit........ CARDS. Power to suppress gaming with,......... CARPENTER AND COOPER SHOPS. Power to regulate the construction and management of, CARS. Power to prescribe speed of, in city limits,. CAREMN. Power to license and regulate,... CARRIAGES, CARTS, ETC. Power to regulate at depots, docks, etc..... Power to prescribe stands for, in streets,. CATTLE. Power to restrain running at large, CELLARS. Power to compel cleansing or abatement of,.. Power to regulate construction of,.... 6 Power to assess expenses of altering, cleaning, etc., Drained into public sewers, power to levy tax on, CEXETERY. Power to hold real estate for,..... CENSUS. Power to provide for taking....... Council to appoint person to take.... Mayor entitled to certain copies of returns of,. Of Children, Board of Education to take,.. Of Children, School Taxes to be based on,. CERTIFICATE. By Clerk of presentation of ordinances to Mayor,. By Clerk of presentation of ordinances to Mayor, to be Of such presentation to be recorded..... Of expenses of State prisoners in House of Correction, Of Treasurer, when evidence of fee of property in the Of Clerk of copies of ordinances, proceedings, etc., t dence,........... Of sale of land for taxes, Council may direct execution Of sale of land for taxes, when Controller to execute, To Commissioner of Metropolitan Police,.. Of service as fireman,....... Same,.......... CHALLENGE. Of vote at elections, proceedings on,.... Of vote for want of registration,...... Of Jurors in Recorder's Court,..... Same,............ Of Jurors in Police Court, Of Jurors in proceedings for opening, etc., streets, etc 344 INDEX. .. 103 57 103 66 103 62 .. 47 30 .. 108 66 103 65 ... iO3 63 .. 103 70 103 66 ... 103 57 ... 103 57 ...... 103 57 ... 103 ... 103 ... 103 ... 103 61 61 61 59 ... 103 73 69 324 323 303 305 49 158 49 87 109 159 144 146 195 152 259 29 280 88 281 231 100 INDEX. 345 IN, PAGE. 72 84 86 86 88 94 CHARTER. Power to punish violations of,...... Prosecutions for violations of,.......2 Attorney to collect fines for violations of,...... City to pay costs, etc., for prosecutions under,... Offenses against, may be tried without jury,... Clerk of Recorder's Court to report prosecutions under,. CHECKS. Corporation not to issue, to circulate as money,...... 574 CHIEF ENGINEER. Council may appoint and prescribe duties of,........ 257 To be deemed a firemanl, and exempt from militia and jury duty, 262 May be appointed by Fire Commissioners.......... 435 Salary of,................... 435 CHIEF OF POLICE. Complaints against, may be tried by Board of Commissioners,. 289 When, may suspend policemen,.......... 291 CHIMNEYS. Power to regulate construction and compel cleaning of, 103 CHIN.NEY SWEEPERT. Ignorance of the English language not to disqualify, 10 CIRCUSES AND CARAVANS. Power to prohibit or license,............. 103 CITY ATTORNEY. See Attorney. CITY CLERTK, Whcn elected,.... *.......... 3 Term of office of,................ 15 Official bond of,.................. 29 To give notice of election and appointment to officers,.. 33 Shall report neglect of officer to qualify.......... 3 5 To give notice of elections,............ 37 To keep ballot boxes,............... 41 To be clerk of Council,.............. 61 Same..................... 88 To possess powers of township clerk........... 61 May administer oaths and take affidavits,......... 76 Mlay take fees for administering oaths,......... 76 To countersign licenses............... 81 Licenses not valid unless countersigned by....... 81 To preside over Council until President elected,....... 84 When to give notice of special session of Council,... 86 To make certificate of presentation of ordinance to Mayor,. 90 To keep and record ordinances,......... 91 To sign record of ordinances............. 91 To certify resolutions to open, widen streets, etc.,... 159 To deliver to attorney copy of resolution to open streets, etc,. 160 To record certified copy of report of jury relative to opening streets, &c................... 183 To be clerk of Commissioners on plan of the city,.. 190 To give notice of meetings of Board of Review....... 239 To take acknowledgment of and attest deeds from city,. 251 Effect of certificate of, relative to presenting ordinances to Mayor, 280 Copy of ordinance certified by, to be evidence,.... 281 To be clerk of Police Commissioners under law of 1861,. 279 To countersign Firemens' certificates......... 454 To be clerk of Board of Education,........ 516 When to make Register of Electors,........ 487 To send to Secretary of State number of registered voters, 494 To notify County Treasurer when ward collectors have qualified, 461 23 345 INDEX. .. 103 126 .. 131 133 .. 139 155 328 150 152 52 253 164 165 64 16 66 11 19 23 24 25 26 28 36 47 36 43 43 45 45 1 47 4S 4.9 49 49 97 98 108 ill 138 146 158 159 164 259 303 283 286 263 INDI'EX. CITY OF DETROIT. See Corporation, Boiundaries of,...... Sanle,................. To pay costs of certain prosecutions, etc..,.. Fatitb and property, pledged for payment of debts, To pay expenses of Metropolitan Police,.. To be one school district......... Certain acts relating to, repealed,.... CITY HALL, Power to erect,. CITY SURVEYOR. See Sirveyor. CLERKS OF ELECTION, How appointed, and oath of,..... When to register niames on election day,. CLERKS OF MARKIET, How appointed,...... To file official bond, CLERK OF POLICE COURT, To be appointed by the Council...... Salary, bond, duties of,.... Mlay administer oaths and take affidavits,. CLETRK OF RECORTDER'S COURT, To be appointed by the Council,. Powers and duties of,..... May administer oaths and take affidavits,. Same,......... To keep records of the court and to sign process, Complaints to be sworn to before,.. When to open and adjourn court,..... When to give inflormation relative to records, etc., of court, Salary of, how paid....... List of jurors to )be returned to,. List of jurors to be filed in office of.: To put names of jurors in "jury box,". To destroy old ballots before new liamies put in,. To notify Recorder and Sheriff of drawing of jurors,. May adjourn dclrawing of jurors.... How to proceed in drawing jurors,...... To destroy names of jurors drawn known to be dead, etc.. To make and file minulte of drawing of jurors,. To issue entire facias to SeiriIff,.... To destroy ballots of jurors excused, How to preserve names of jurors serving,. To report to Council criminal lbusiness of the court,. To draw jury in proceedings to open streets, etc., 1 Objections to report of jury in street opening cases, to be with....... To make return on appeal in street opening cases,. When to file with City Clerk certified copy of report of jury COAL AND COKE, Power to designate and regulate places for sale of, Power to reg,ulate the inlspectiing of; COCK PITS, Power of Metropolitan Police relative to,. COLLECTORs, CITY, To bie appointed by the Council,... To file official bond,....... To file bond for security of school money, 246 .. 2 302 .. 123 229 .. 358 510 .. 288 9 175 86 131 211 300 262 69 28 274 12 23 0127 227 227 12 38 43 79 79 84 85 86 87 89 89 8) 89 90 1.) 0 90 91 f)l 91 f)2 92 94 100 105 106 107 . 103 57 103 67 ..:. 351 204 .. 4 .. 29 .. 525 12 23 306 INDEX. 347 To collect special assessments......... When warrants for unpaid taxes to be issued to,. 1 When to levy on and sell personal property for unpaid taxes, To pay over moneys received to Receiver,.... Duties of, relative to collection of school tax,.... COLLECTORS, WAIRD, Election of,......... To file official bond,........... To file official bond with County Treasurer,..... To collect State and County taxes,....... Powers and duties of. as to State and County taxes,.. When qualified, City Clerk to notify County Treasurer,. Proceedings on neglect of, to file bond with County Treasurer, When warrants to issue to, for unpaid taxes,... When to levy on and sell personal property for unpaid taxes,. To pay over moneys collected to Receiver,..... To collect certain city taxes,........ To give bond for collection of school moneys,.. Duties of, relative collection of school moneys,... COMBUSTIBLE ARTICLES, Power to regulate, etc., storage of, 13 CO31-3IISSIONERS TO APPORTION RENT, To be appointed when lease is affected by opening streets, etc., 187 To take oath, and make report,.......... 187 Report of, when confiiuied, to be conclusive,...... 187 CO3InssIONERS ON PLAN OF THE CITY. See Board of, etc. COMMITTEES. Chairman of, may administer oaths, etc.,......... 78 Same..................... 102 May subpoena witness and compel production of papers,.. 102 To be appointed by President of Council......... 101 Duties of, to be prescribed by ordinance,......... 101 For negotiating loans, how constituted,......... 222 COMMON COUNCIL, How constituted, aud quorum of,............ 82 To judge as to qualification of members,........ 96 May expel its own members,.......... 21 May compel attendance of absent members,....... 82 Same,..................... 96 When to elect President of,.......... 84 City Clerk to be clerk of,............. 61 Same,.................... 83 Clerk to preside over until President is elected,.... 84 To hold regular sessions,............. 85 Spe -cial sessions of, how called,........... 86 May pass by - laws and rules,............ 96 Right of petition to,............. 95 Officers to be appointed by,........ 4 Same,............ How to remove officers holding by election,.21.. 1 How to remove officers holding by appointment,.... 22 When may suspend officers,........... 23 How to fill vacancy in office held by appointment, 26... 6 How to fill vacancy in office held by election,......28 Resignations in office to be made to,.......25 When to order special election to fill vacant office, 27... 7 When to declare result of special elections..... 49 May direct what officers shall give b)orld s,. 29.. 347 ILVDEX. 69 243 244 244 524 41 141 142 143 305 3 29 461 73 12 23 263 42 461 461 461 243 244 244 73 528 528 263 263 264 141 142 143 42 308 207 103 63 110 110 110 44 52 52 51 51 128 46 50 20 46 50 47 36 47 47 47 47 50 50 12 13 21 21 22 22 22 22 22 31 2a 348 JNDEX. Way prescribe condition of official bonds,...... May order renewal of official bonds,.... May prescribe additional duties of officers,. May examine sureties of bonds and contracts,.. What proceedings of, to be presented to Mayor.. Reconsideration by, in case of Mayor's veto,..... Record of proceedings of, to be kept,....... Proceedings of, to be published........... Meetings of, to be public,..... Records of, open to inspection, To have control of finances and corporation property,. May sell, lease, convey, etc., corporation property,.. Ordinances, resolutions, etc., of, when may be passed,. Ordinances, resolutions, etc., of, when may be passed,. When ordinances, etc., may be passed at special session of, Appointments to and removals from office, to be by majority vote of,............ General powers of, relative to compensation of officers, General powers of, relative to appointment and removal of officers, General powers of, relative to fees and costs of officers,.. General powers of, relative to fees of jurors and witnesses, General powers of, relative to waters of Detroit River,. General powers of, relative to wharves and docks,. General powers of, relative to leasing of wharves and docks,. General powers of, relative to working of highways, streets, etc., General powers of, relative to improvement of parks, etc., General powers of, relative to opening of streets, etc., General powers of, relative to disposition of dirt, manure, etc., General powers of, relative to the cleaning of streets and side walks,............ General powers of, relative to the prevention of riots, etc., General powers of, relative to maintainance of quiet at depots, etc.,............ General powers of, relative to prescribing stands for drays, etc., General powers of, relative to fireworks,....... General powers of, relative to paving of sidewalks,. General powers of, relative to indecent exposures,. General powers of, relative to running at large of animals, General powers of, relative to running at large of dogs, General powers of, relative to fastening of teams,.. General powers of, relative to constructing bridges, culverts, etc., General powers of, relative to cellars drained into public sewers, General powers of, relative to boundaries of streets, etc. General powers of, relative to numbering of buildings, General powers of, relative to draining of swamps, etc., General powers of, relative to markets... General powers of, relative to public health,. -. General powers of, relative to abatement of nuisances,. General powers of, relative to nauseous shops, privies, etc., General powers of, relative to dead carcasses, unsound meat, etc., General powers of, relative to cellars drains, sinks, etc., General powers of, relative to lateral sewers, General powers of, relative to fire department,.. General powers of, relative to storage of explosive substances, General powers of, relative to soap, candle factories, etc.,. 1 General powers of, relative to extra hazardous buildings,. General powers of, relative to powder and lights in stables, etc., General powers of, relative to wooden buildings,.. General powers of, relative to partition fences, walls, etc.,. General powers of, relative to chimneys,... 348 INDEX. 30 32 75 34 87 89 91 92 94 94 97 97 98 218 23 24 43 24 48 49 49 4.9 50 50 50 51 51 127 98 100 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 103 1013 103 103 103 103 103 103 103 103 51 51 52 52 52 52 53 53 53 54 54 54 55 55 56 56 57 57 57 57 58 58 58 58 59 59 59 59 60 60 60 61 61 61 62 62 62 62 63 63 63 63 64 JNI)EX. 349 General powers of, relative to bathing,... General powers of, relative to houses of ill fame,.. General powers of, relative to beggars, vagrants, etc.,.. General powers of, relative to unsound meats,.... General powers of, relative to games and gaming,.. General powers of, relative to lotteries....... General powers of, relative to intoxicating liquors.... General powers of, relative to porters, runners, etc.,.. General powers of, relative to auctioneers, peddlers, etc.,. General powers of, relative to public exhibitions.. General powers of, relative to hotels, saloons, etc.,.. General powers of, relative to butchers, provision dealers, etc., General powers of, relative to billiard tables and pin alleys, General powers of, relative to police,....... General powers of, relative to weighers and gaugers,.. General powers of, relative to bread,. General powers of, relative to inspection of wood, provisions, etc., General powers of, relative to weights and measures,. General powers of, relative to paupers,...... General powers of, relative to burials,...... General powers of, relative to census and public meetings,. General powers of, relative to public buildings,... General powers of, relative to alms houses,..... General powers of, relative to jails, work houses, etc.,. General powers of, relative to imprisonment of criminals,. General powers of, relative to speed of cars and engines, - General powers of, relative to granting of licenses,.. General powers of, relative to taxes, their levy and collection, General powers of, relative to appropriations,........ General powers of, relative to violations of the charter, etc... General powers of, relative to employment of prisoners,. General powers of, relative to printing.... General powers of, relative to public peace,...... General powers of, relative to subdivision of wards,. -' General powers of, relative to real estate for corporation purposes, General powers of, relative to real estate for cemetery purposes, General powers of, relative to construction of stone and brick buildings,............. General powers of, relative to construction of stone and brick buildings,............ General powers of, relative to appointment of policemen,. General powers of, relative to perpetuation of evidences of real estate titles..... General powers of, relative to repairs of sidewalks.... General powers of, relative to taxes illegally collected,.. General powers of, relative to taxes on insurance companies,. General powers of, relative to illegal assessments,... May order removal of unsafe buildings, etc... May inspect records of Recorder's Court....... May prescribe punishments for violations of charter. etc., Power to lay out, extend streets, alleys, etc..... To declare by resolution necessity of public improvement, How to give notice of intended improvements,..... When may elect to pay damages claimed,..... When to pay damages found by jury....... When to take possession of land for public improvement, Evidence of right of, to take such possession..... To appoint commissioners on plan of the city,.. Power of, to raise funds for special purposes,. May levy and collect taxes for certain funds., 349 INDEX. 103 103 103 103 103 103 103 1013 103 103 103 103 103 103 103 103 103 103 103 64 64 64 65 65 65 65 66 66 66 66 66 67 67 67 67 67 68 .68 103 103 103 103 103 103 103 103 103 103 103 163 103 103 103 103 103 lo4 1105 104 105 105 105 105 105 179 132 137 157 158 . 159 181 185 186 186 187 11)6 197 68 69 69 69 69 69 70 71 71 71 72 72 73 73 73 73 73 73 74 74 75 115 76 76 77 44 86 88 95 96 96 107 108 109 109 110 116 116 IDIN)EX. May levy and collect taxes for district road fund..... May levy and collect taxes for constructing sewers,.. To direct Mayor to call meetihg to consider taxes.. When, may call second meeting to consider taxes,.. To levy sufficient taxes to pay interest....... To levy certain tax for purposes of the sinking fund,. - May levy tax on lots drained into public sewer,... May levy tax for, paving, grading, etc., streets, etc.,.. May provide money for public building fund....... When may contract for purchase of real estate,... Must approve public works, before commenced,.... Not to issue unauthorized bonds,...... May issue new bonds to refund old bonds,...... Not to borrow money unless authorized,.... When may authorize Controller to borrow,... To create no debt contrary to charter,... To determine fiscal year and publish Controller's report, May require statements and estimates of officers,. - May contract for keeping of public moneys,... To approve loans,......... When, may direct to what fund, tax to be credited, May revise and correct action of assessor, To appoint Board of Review,.... When to consider assessment rolls,. May correct assessment rolls........ Not to increase assessment without notice,. How long may consider assessment rolls,. May extend or renew warrants for collection of taxes,. Notice by, to pay delinquent taxes,.. When may order sale of land to pay taxes,. May charge interest on redemption of land,...... When may direct land bid in, to be held in trust for contractor, May procure and control fire apparatus,....... May organize and prescribe duties of fire companies,.. To appoint and prescribe duties of engineers..... May appoint fire marshal...... May remove fire marshal,.......... May appoint Board of Police Commissioners, etc..... May fill vacancies in Board of Police Commissioners,. May appoint policemen and watchmen,..... To provide accommodations for police,... May appoint temporary policemen,....... When may prescribe jurisdiction'of police justice,. To appoint justice of the peace to act as police justice,. May fill vacancy in office of police justice,.... When may offer reward for detection of criminals,.. Water Commissioners to make report to....... When to raise water tax,.......... To levy tax to pay expenses of Metropolitan Police,. Same,.................... May require information as to accounts, etc., of Metropolitan Police,............. - May appoint Clerk of Police Court,. To sanction salaries, etc., of officers of House of Correction, To sanction expenditures of Inspectors of House of Correction, When to levy tax for expenses of House of Correction,. To appoint Fire Commissioners,....... How to remove Fire Commissioners,...... To submit estimates of Fire Commissioners to public meetiing,. Power to levy tax to support Fire Department,.... 350 198 199 200 200 21l 201 202 203 204 205 206 208 208 2kl9 209 212 219 220 121 23 233 237 240 241 241 242 243 245 246 249 117 117 118 118 119 119 119 119 120 i22 122 123 123 124 124 125 127 128 l., 129 12!) 134 136 138 138 139 139 142 143 144 146 252 147 255 256 2PJ,7 267 270 2s9 289 292 293 295 29S 149 149 150 154 155 164 165 166 168 168 169 300 384 301 318 330 359 369 361 388 39S 398 409 4,24 4:2,5 433 445 170 226 171 184 iss 211 216 213 227 2',34 234 240 24S 248 251 255 ID ]EX. May require information relative to Fire Department,. When, may appoint person to collect State and County tax When to direct review of registration,. May direct election on division of ward, -.. To appoint Inspector of election on division of ward,. To fill vacancy in oflice of School Inspector,.. May levy tax for school library,..... May levy tax for support of schools, Same,....... To appoint persons to take census,. Proceedlings by, under the drainage act of 1849, COMPENSATION. See Salary. Of Sewer Commissioners,.. Of Aldermen,..... -...... Of officers, powver of Council relative to, Of officers, when and how to be increased or diminished, Of hack drivers, etc.. Of policemen......... Of weighers and measurers,......... Of person appointed to act as attorney..... Where private property is taken for public purposes,. Awarded by jury, in cases of openingl streets, etc... How awarded in such case, where there is mortgage, etc.,. How app.rtionedl in opening alleys,...... In cases of openiing streets, etc., jury to report,... In cases of opening streets, etc., to be assessed to property b)enefitedl,............ In cases of opening streets, etc., to be awarded the city, In cases of opening streets, etc., may be inquired into,. Of the jurors in cases of opening streets, etc.,.. Of policemen,....... Of Justice of the Peace, acting as Police Justice,.. Of owners of land, to be paid by Water Commissioners,. Proceedings as to, where owners do not agree with Water Com missioners,........ Limit of number of policemen who may receive,. Of Property Clerk of Metropolitan Police, Of special policemen,.......... Same,............ Of officers conveying prisoners to House of Correction., For maintenance of State prisoners in House of Correction, For conveyance of State prisoners to House of Correction, Of Board of Registration,.. COMPLAINTS. Prosecutions may be by,. Rules relative to,...... Proceedings on, against persons licensed,.. Different degrees of offenses may be joined in,.. Certain, to be endorsed by Recorder,...... When defendant may be found guilty of less degree than laid in, Joinder of persons in,.... May be in form of affidavits,.... What to set forth and trials on,. COMPLAINT BOOKS. Of M,etropolitan Police, and what to be entered therein, CONCERTS. Power to prevent or license,.. 35 L . 446 xes, 461 507 . 508 512 . 521 522 . 545 566 . 549 256 264 293 297 298 301 304 305 314 324 318 14 50 52 5,2 66 67 67 85 96 101 101 102 102 103 103 104 110 1(;7 170 186 186 195 196 205 206 238 239 240 287 -5 96 103 103 103 103 103 127 157 167 167 16S 170 171 1171 173 iss 292 2',) ) 323 324 ,342 3-43 353 354 4C'5 40r) 407 495 112 113 77 113 114 115 116 l(; l(; 80 80 43 so 81 81 81 84 84 356 209 103 C6 352 INDEX. CONSTABLES. When elected................ To file official bond,.... May be suspended or removed by Mayor,..... To have same duties as township constables,... Special, condition of bond of,........ Duties of, at fires,........... CONTINGENT FUND. Illegal taxes, if paid, to be refunded out of,.... Damages in opening alleys, to be paid out of,.... For what purpose raised,......... Power to raise tax for,......... CONTRACTS. Sureties on, may be examined by Council, etc.,.. Persons interested in, not eligible to certain offices,. Officers becoming interested in, to be removed from office,. Not to be let to Aldermen or other officers,..... Unauthorized, not to be made,...... Unauthorized, to be void,........ Made after the proper fund is exhausted, void, Streets, alleys, etc., may be paved, graded, etc., by,. When claims on, to be accompanied by affidavit,. When actions on, to be barred,......... When certain, to be commenced........ To be let to the lowest bidder,....... Not to be let to defaulters or persons in arrears,.. No additional allowance to be made on,..... Of old Corporation to be discharged by new Corporation,. Water Commissioners not to be interested in certain, For imprisonment of criminals in House of Correction,. Of Inspectors of State Prison, relative to same,.... CONTROLLER. How and when appointed,... Term of office of,...... When office of, to commence,... To file official bond,. How and when may be removed,.. General powers and duties of,.. To open account with Treasurer.... To keep list of Corporation property, May administer oaths and take affidavits.. May take acknowledgment of deeds,.. To present to Council estimate of amount of taxes, To countersign bonds for the Public Building Fund,. To keep record of bonds for the Public Building Fund, To give information to Council relative to the finances, When Council may authorize Controller to make loan,. To keep record of new bonds to refund old bonds,. To countersign new bonds to refund old bonds, To keep record of bonds, etc., cancelled,.. No money to be paid except on warrant signed by, May require affidavit to accompany claim,..... Annual report of, and what to contain,... To be member of committee to negotiate loans.... May divide funds for special purposes...... To be one of the Commissioners of Sinking Fund, To draw warrants on Sinking Fund..... To deliver tax rolls to Receiver of Taxes, When to sign warrant of collection of certain taxes, 352 INDEX. 3 29 21 1 31 265 12 23 21 42 23 153 105 108 196 197 76 102 114 116 . 34 12 . 13 217 . 206 21. . 216 7 ) . p so I. 203 207 . 2f)7 213 25 17 17 126 1.22 121 11,16 42 45 45 l 122 123 125 . 271 331 . 403 406 156 189 237 238 4 15 16 29 22 62 63 63 76 76 200 204 12 18 19 23 21 36 38 38 43 43 117 121 .. 204 2190 .. 209 210 -. 210 211 .. 214 215 .. 219 1. 222 .. 225 226 . I. 228 243 .. 243 121 118 124 124 124 124 12,1, 126 127 128 130 130 il",l 139 141 INDEX. To execute deed of lands soW for ta xes, 1 Same,.............. May execute certain conveyances to the Corporation,.. When to bid in property for benefit of the Corporation,. To be a trustee of "Police, Life and Health Insurance Fund," To submit estimates of expenses of Metropolitan Police,. May inspect accounts, etc., of Metropolitan Police,.. May inspect accounts, etc., of Fire Commissioners,.... CONVEYANCES. See Deeds. Upon tax sales, Controller to execute,..... Same,............. To the Corporation, when to be executed by Controller,. When to be evidence of regularity of proceedings,.. Same,............. Of lands upon tax sales, may be recorded, Certain, to the Corporation, may be recorded...... CONVICTIONS. Clerk of Recorder's Court to report number of, CORPORATION OF "THE CITY OF DETROIT." Name, powers, seal of,..... Clerk to keep seal of,....... Controller to keep list of property of,.... Council to have control of property of,.. Council to provide for erection of buildings of, Council to purchase, etc., real estate for use of,. Faith and property of, pledged for payment of debts Embezzlement by officers of property of,. To pay the debts of the old Corporation,.. Rights and property of old corporation to vest in, Act incorporating, not to invalidate legal acts of old To retain right of property in fire apparatus, etc., Not to issue due bills to circulate as currency, COSTS AND EXPENSES. Power to impose payment of, in certain cases, Of officers, power to regulate,...... Incurred in prosecutions, when city liable for,. On appeals in cases to open streets, etc.,. On trials of Metropolitan Policemen for misconduct, On trials before the Police Justice.... COUNSELOR. How appointed, and term of office of,.. Duties and compensation of,... C OUNTY. Offices, Aldermen not eligible to,.. CROssWALKIs. See Walks. Surveyor to make assessments for,....... Street Commissioners to superintend construction of,. How expenses of, may be paid,........... Power to clean,............. CULVERTS. Power to construct,................ 103 Street Commissionlers to superintend construction of,.. 7 1 DAMAGES. For opening ditches, how assessed,......... 103 Same.................... 551 For obstructing ditches............... 555 From defective sidewalks, when owners liable for,... 105 For private property taken for public use, how ascertained,. 157 ,353 246 251 252 252 348 359 361 446 144 146 147 146 202 211 213 256 246 251 252 246 253 251 252 144 146 147 144 147 146 147 .. 155 94 1 61 63 97 103 103 229 230 271 272 277 437 574 9 36 38 50 69 73 131 131 156 156 158 253 328 Corporation, 103 103 133 179 347 387 72 52 86 106 201 226 . 4 12 4 12 . 11 16 . 68 71 . 103 103 41 41 55 55 58 41 59 319 320 75 96 IDN1DEX. In opening, altering, etc., streets, etc., when to be paid,. In opening, altering, etc., streets, etc., how paid,.... To Mortgagees, lessees, etc., when to be awarded,.. In opening, etc., alleys, how awarded,...... When to be paid from the Contingent Fund, To mortgagees, lessees, etc., in opening alleys, jury to report, Apportioned on property benlefitted in opening alleys,. Apportioned to the City of Detroit in opening alleys,.. Awarded, may be inquired into,...... City may elect to pay, on annulment of report of jury,. Assessed on property, in what cases to be a lien,.. In case of opening streets, etc., when to be tendered,. In case of opening streets, etc., when may be deposited,. On payment of, Council may take possession of land,. Benefit to be offset against, in opening of streets, etc.,.. Awarded to estate of deceased persons in opening streets, etc., DEATHS. Of officers, to vacate office,........... 2 Power to provide for registration of,..... Of electors, proceedings by Board of Registration relative to, DEBTS. Of the Corporation, Controller to keep list of,...... Of the Corporation, power to make appropriations to pay, Unauthorized evidences of, not to be issued..., Same,............ Unauthorized by law, not to be created or paid,.. Same,............. -..... Evidences of, when refunded, to be cancelled..... Of the old corporation, to be paid,... DECEASED PERSONS. Damages awarded to estates of, in opening streets, etc.,. DEDICATION. Of alleys, parks, streets, etc., by platting and recording plats,. 191 DEEDS AND CONVEYANCES. Controller may take aclnowle(igments of,......... 76 Of lands sold for taxes, when to be executed and effect of,. 246 Of lands sold for taxes, who to execute,........ 251 Of lands sold for taxes, what to be evidence of...... 253 To the Corporation, when to be executed by Controller,.. 252 Of Governor and Judges, may be recorded by Register,. 570 Of Governor and Judges, effect of, as evidence,... 570 Same,................. 571 Same,. -................. 573 Of Mayor, Recorder, etc., recording and effect of as evidence, 572 DEFAULTERS. Who to be considered,.......... Ineligible to elective or appointive office,... Offices held by, to be declared vacant,....... Contracts not to be let to.......... DETROIT HOUSE OF CORRECTION. See House of Co?rection. DETROIT RIVER. See Wha2ves. Power to preserve purity of water of,.... Power to remove obstructions in,.... Power to regulate anchoring of vessels in, Power to license bath rooms or vessels on,.. DICE. Power to suppress gaming with,. 354 167 167 167 168 168 170 171 171 173 181 182 185 185 186 194 195 101 101 101 102 102 102 103 103 104 107 107 108 109 109 . 112 112 . 24 103 . 486 22 69 281 . 63 103 212 . 212 213 . 211 271 38 71 123 124 125 125 124 156 195 112 ill 43 144 146 147 147 325 325 325 327 326 .. 9 .. 9 .. 9 .. 2IJ7 16 16 16 123 ... 103 ... 103 ... 103 .. 103 53 53 53 67 ... 103 65 INDEFX. DIRECTOR OF THE POOR. When elected,................ Ter.n of office of,.............. To have same powers and duties as Township Directors, DIRT. In streets and public places, power to dispose of,. DITCHES. For drainage of low lands, proceedings to open,. Same,......... -.. Power to maintain,........ Power to punish for obstructing,.... DISEASES. Power to prevent the introduction and spread of,. DISORDERLY ASSEMBLAGES. Power to restrain or suppress, DISORDERLY y HousEs. Power to suppress, and punish keepers of,.. DISORDERLY OR DRPUNKEN PERSONS. Power to restrain and punish,..... Who to be deemed, and proceedings against,. May be sent to House of Correction,. DISTILLERIES, Power to prevent erection of, in certain limits, DISTRICT ROAD FUND. See Taxes, Power to raise, and for what purposes,... May be raised by tax........... Limitation of amount of,....... 1 Estimates of amount of, to be submitted,.. Surplus not to be transferred to sinking fund,.. Expenses of crosswalks to be paid from,.. Docxs. See Wharves. J)OGS, Running at large of, power to restrain,.. DRAINAGE. See Ditches, Of swamps, low lands, etc., power to provide for,... Of swamps, low lands, etc., Council to inquire relative to, When jury to be summoned relative to,........ Jury to assess benefits and damages arising from,. Power to maintain ditches for purposes of,.... DRAINS, Power to build,.......... Private, power to compel building of,..... Private, power to regulate constrtluction of,.... Same,............. Private, power to assess expense of,. Private, running into public sewer, power to levy assessment for, Same,............ Lateral, power to maintain,.... Lateral, power to assess expense of building,.. Lateral, assessment rolls for, made by surveyor,. DIIAY3IEN, Power to regulate,... -....... Power to license and fix compensation of,.. DUE BILLS, Corporation not to issue, to circulate as currency,. 3 15 73 11 19 42 103 55 103 551 554 555 59 319 320 320 103 60 .. 103 56 103 64 .. 103 377 .. 411 64 220 241 103 62 ... 1.95 ... 198 ... 19S ... 200 ... 224 ... 231 115 117 117 11.7 129 132 103 58 . 103 548 . 549 551 . 554 59 317 318 319 320 103 103 103 103 103 103 202 103 103 68 58 58 58 61 61 59 119 .58 62 41 . 103 57 103 66 574 328 356 INI)EX. 3 27 37 40 42 LECTIONS. See Register. Inspectors of Elections. Special Election, Of officers,.............. Special, for mayor or alderman may be called,.... Annual, time, place, and notice of holding,..... Clerks of, how appointed......... Polls of, when to open and how long to be kept open,. Proceedings on challenge of vote at,..... Punishment for voting more than once at,.... Mode of conducting,........ Returns of, inspectors to certify....... For state and county officers, how conducted,..... Powers of police at,........... Of police justice,.......... May be ordered by Council on division of wards..... ELECTION DISTRICTS, How constituted,........... Wards may be divided into,......... Same,.............. Council to appoint inspectors on establishment of,.. - Elector to vote in, where he resides,....... What constitutes residence in,........ ELECTORS. Must vote in ward or district where they reside..... What constitutes residence of,........ Qualifications of,............ If challenged, oath may be administered to,..... Punishment of, for taking false oath,..... Not to vote more than once at any election,.... Not subject to arrest on civil process, on election day,. Attending polls, violence on, made a misdemeanor,.. Proceedings of Board of Registration on death or removal of, Board of Registration to note names of persons ceasing to be, City Clerk to forward to Secretary of State number of registered, EMBEZZLEMENT. Of public property by Corporation officers, how punished,.. ENCROACHMENTS. On streets, alleys, etc., power to prohibit and remove,... ENGINEEFRS. Of Sewer Commissioners, how appointed and duties of To be appointed by Fire Commissioners,.... Salaries of,.......... Appointment of, by Council,..... Exempt from jury and militia duty,..... ENGINE HousEs. Council to provide,......... Fire Commissioners to construct and maintain,. Fire Commissioners to have the control of,. ENGINES. On railroads in the city, power to regulate speed of, Fire, Council to provide,..... Fire, Company to take care of,..... Fire, Company to work and examine.... Fire, Fire Commissioners to provide,.... Fire, Fire Commissioners to have control of, Fire, to have the rig,ht of way to fires,.... ENCGLISHI LANGUAGE. Officers must be able to read and write.... 356 INDEX. 11 22 26 28 29 44 46 47 48 53 354 381 507 29 30 30 31 32 206 224 297 38 38 506 508 38 38 27 27 296 297 27 27 38 38 43 44 45 46 54 366 485 4.99 494 27 27 29 29 30 30 32 215281 289 21,6 131 103 59 .. 5 13 ,t35 43u257 262 Z2 253 150 152 . 255 430 . 431 14.9 250 250 ... 103 .. 2155 ... 259 .. 260 .... 4,30 .. 431 . 4,'36 70 149 151 151 250 250 253 . 10. 16 INI)L'X. 37 SCTION. 9PAGE. *..... 79 4 4 ERECTIONS. See Buildings. Unsafe, power of Council relative to,. EVIDENCE. Of title, power to provide for the perpetuation of,... Same,.............. Of regularity of proceedings, when conveyance to be,.. Same,.............. Of right to enter and possess land, when Treasurer's certificate to be,........... Certified copy of report of jury in opening streets to be received as Of firemen's exemption from militia and jury duty,... Certificate of presentation of ordinances to Mayor to be. How records in Clerk's office and ordinances made,.. Printer's affidavit of publication, when to be,..... Certain printed copies of ordinances, etc., to be,.. Conveyances of the Governor and Judges, effect of as,.. Same,............... Same, -................. Conveyances of Mayor, Recorder, etc., effect of as,.. EXECUTIONS. When to issue on judgments on recognizances,.... Materials procured by Water Commissioners exempt from, EXEMPTION, Of firemen from militia and jury duty,...... Same,............. List of firemen claiming, to be kept,....... Of policemen from jury duty,........ From jury duty in Recorder's Court, who may claim,.. In street opening case, who may claim,...... From execution, of materials purchased by Water Commissioners, EXHITIONS, Indecent, power to prevent.......... Power to license and regulate.......... EXPENSEs. See Costs and Expenses. EXPLOSIVE SUBSTANCES, Power to prevent manufacture of, within certain limits,. Power to regulate storage of,........ EXPRESS COMPANIES, Power to regulate runners, agents, etc., of,. EXPULSION, From office, proceedings to effect,..... From office, vacates office,..... FACTORIES, Power of Council over starch, soap, glue, etc., Same,............ FAST DRIIVING, In streets, power to prevent...... FEES. See Compensation, Of jurors and witnesses........ Of officers, power to regulate,..... For administering oaths, etc., what officers may not te FEMALES, When to be sentenced to House of correction,....... Same,................... 24 Under fourteen years of age, may be sent to House of Correction, Sentence of, commuted from State Prison to House of Correction, 357 INDEX. 104 105 246 253 186 183 262 280 182 282 283 5110 571 573 572 73 75 144 147 109 108 152 158 159 159 159 325 325 327 326 117 82 321 185 152 . 2a'4 259 215 92 99 185 58 66 62 63 ... 103 56 ....21 20 .. -. 25 22 103 62 103 61 ... 103 56 103 103 76 52 . 52 43 406 416 408 417 239 243 240 2" INDEX. FENCES, Unsafe, Council may order removal o f,..4 Unsafe, order for removal of; how served,. - Partition, power to regulate construction of,. Encroaching on streets, etc., power to remove,. FERRIEs, Power to license and regulate, FINANCES, Colntroller to keep books showing state of,.3 Controller to take general supervision of,... - Controller to give information to Council respecting,.. FINES AND PENALTIES, Power to impose,........ Power to imprison for non - payment of,.... Limitation of amount of,......... Imposed on Street Commissioners for neglect to give notice defective sidewalks,....... Duty of attorney relative to,........ Clerk of Recorder's Court to give information relative to,. Clerk of Recorder's Court to report number of imposed,. Mlay be imposed on defaulting jurors,.. Same,............ May be imposed on firemen for breach of duty,.. Imiposed and collected by police justice to be paid to treasure Same,........... Persons may be committed in default of payment of,. Fire Commissioners may sue for and recover certain,. For refusing to serve as school inspector,...... FIRES. Power to provide for prevention of,..... Same,.... 6 Powers of officers at,........ Powers of Mayor at,.......... Power to arrest for disobedience of lawful orders at,. Disorderly persons may be arrested at,..... Certain officers to repair to, and their duties at,.. Cause of, to le investigated by Fire Marshal,..... Cause and origin of, to be reported to Council,.. Fire Marshal to cause arrest of persons wilfully setting,. Duties of Metropolitan Police at........ 9 Fire Commissioners to have exclusive power to extinguish, Engines to have right of way to and at,..... Fire Commission may sue for fines. for the prevention of, FIREMEN. Exemption of; from military and jury duty,... Certificates of exemption, by whom issued,.. Council to prescribe duties of,..... May impose fines and penalties on........ When on duty, to be protected by police,.... Salaries of,......... To have right of way to fires,....... FIRE C03IMISSION OF THE CITY OF DETROIT. Powers and duties of Fire Department vested in,.. Same,.............. Majority of Board of, to constitute a quorum,. First members of Board named, and term of office of,. Future members of Board of, to be appointed by Council,. How members of, to be removed from office,.... Official oath of members of,...... 3.58 79 44 79 44 103 63 103 59 . 103 53 37 37 118 . 103 103 . 103 of . 105 131 . 131-) 155 . 148 162 . 256 r, 298 . 39iq 299 . 439 . 513 . 103 103 . 103 263 . 264 264 . 265 267 . 268 269 . 345 429 . 436 439 72 72 72 1"5 8(; S(; 94 99 150 169 170 170 254 301 62 64 64 152 153 153 153 154 154 154 198 249 253 254 262 454 256 256 345 435 436 423 429 423 4M 152 259 150 150 198 253 253 247 249 248 248 . 424 425 . 426 248 248 248 LYVDEX. May elect President and appoint Secretary,. To have exclusive power to extinguish fires,..! Same,............ Name by which to be known, To provide and maintain houses, engines, etc... To possess and control all fire apparatus and property,. Office of, vacated by acceptance of political office,.. To submit to Council estimate of expenses, Treasurer of,........... To provide offices for transaction of business,. May appoint Chief and Assistant Engineers, etc.., May appoint person to act as Fire Marshal,.... Property used by former Department transferred to,.. Same,...... -......-.. To receive no compensation........ May have seal and institute suits,. Right of, to sue for and recover certain fines, Mlay send engines, etc., out of the city,.... Power to adopt rules, etc......... To make annual report, what report of, to contain,. Books and accounts of, subject to inspection,.. FIRE COMMIISSIONERS' FUND, HIow constituted,...... How treasurer to pay out,..... To be paid only on warrants,.... FIRE COMPANIES, Power to authorize............ Power to organize and prescribe duties of,... May appoint their own officers, etc.,...... To take care of fire apparatus and proceed to fires,. To assemble whenever Council shall direct,.. FIRE DEPART3IENT, Power to establish,...... Incorporated,......... -... Act of 1840, incorporating, continued,..... May have and hold real estate,...... May make rules and regulations,......... Meetings and election of officers of,..... Officers and Board of Trustees of,....... Annual meeting of,.......... Trustees to make list of members......... 2 Disposition of interest of funds of,.... Powers and duties of, vested in Fire Commissioners, Fire Commissioners not affect rights of the corporation of the, Fire Commissioners to make annual report of condition of, Council to levy tax for support of,... FIRE DEPARTMIENT FUND, Tax on insurance companies to be credited to,... For what purpose raised,. Power to raise by tax,. 1 Estimates for, to be submitted before raising,. 1 FIRE MAARSHAL, Power to appoint,............ To investigate causes of fires,.... -. To report to Council results of investigation as to fires, To cause arrest of persons setting fires,.... Term of office of, and how removed....... Office of, abolished,........... Fire Commission to appoint person to act as,. 359 427 .. 427 429 .. 428 4,' O ... 431 249 249 249 249 250 250 432 .. 433 433 .. 435 435 .. 43,,5 437 .. 440 438 . - 439 4,39 .. 440 443 .. 444 446 .. 433 433 .. 434 251 251 251 252 252 2,1)2 253 254 254 254 254 254 255 255 256 251 252 252 .. 103 256 .. 259 259 .. 260 62 149 150 151 151 103 448 287 448 449 449 4loO 451 455 453 423 62 256 161 257 - 257 257 259 258 259 259 247 442 444 44.5 255 255 255 105 196 197 200 76 115 116 117 .. 267 267 .. 268 269 .. 270 441 .. 4,' 154 154 .154 154. 155 254 252 INV)EX. FIRE WARDENS. Ex - ogico, who to be,..... Council may appoint,.... General powers and duties of,.... Exempt from military and jury duty,. May order any person to assist ill extinguishing Their duties at fires,..... FIREWORKS, FIREARMS, ETC. Power to prevent exhibition and firing of,. FISCAL YEAR. Council to determine,...... FISH. Unsound, power to prevent sale of, -... Power to license and regulate sellers of,.. Power to inspect,............ FLOUR. Power to inspect,. FOiEFTALLING. Power to prohibit,. w... 103 68 FORGERY. When falsifying Register of Electors deemed to be, FOUNDRIES. Power to regulate construction and management of, FREEMEN'S MEETINGS. See Meetings. FUNDS. Into what, revenues divided............ Power to raise additional, for special purposes,... Money raised for particular, to be credited to such funds,. When Council may credit moneys to other..... Raised for particular purpose, to be applied to such purpose, Surplus of, to be transferred to sinking fund,...... Not to be transferred from one fund to another,... May be di.vided by Controller into special funds,.. Controller to report to Council when exhausted,... GAMES. Fraudulent, power to suppress,.. GAMING. . e t s..........103 65 Power to suppress, GAM]ING HOUSES. Power to suppress,.............. Power of Metropolitan Police relative to,...... GAS LIGHT COMPANY. Incorporatecl,............. Powers of,............... Capital stock of,...... -... Officers of,......... Powers of Board of Directors of,..... Property of members vested in, liable to execution,. GEESE. Power to prohibit running at large,... GENERAL FUND. For what purpose raised,.. 1.. Power to raise by tax............ Estimates for, to be submitted before raising,. When moneys may be credited to,.... . 360 . 21la8 258 . 261 262 . 263 265 150 150 151 152 152 153 .. 103 57 .... 215 .... 103 .... 103 .... 103 127 65 67 68 103 60 . 488 283 103 63 . 196 114 . 196 116 223 223 224 129 129 129 224 . 225 225 . 62 129 130 130 37 .... 103 65 .. 103 65 .. 351 204 .. 575 .. 576 .. 577 .. 577 .. 578 .. 580 330 330 330 ,331 331 332 .... 103 58 -.. 196 ... 197 ... 200 ... 223 114 116 117 129 INDE-X. GENE!ROAL ROAD FUND. For what purpose raised,.......... Power to raise by tax,........... Estimates for, to be submitted before raising,.. GLUE FACTORIES. Power to abate or cleanse,...,. ~ Power to prohibit within certain limits,. GOATS. Power to prevent the running at large of,.. GOODS. Power to prohibit crying of, in streets,. 5 GRADING. See Highways. Streets. GROCERIES. Power to compel owner to clean or abate, Powver to license keepers of,... GAUGERS. Power to appoint and prescribe duties and fees of, HABEAS CORPUS. Recorder may issue writ of,....... When persons brought on writ of, not entitled to bail, -ACK3IE N. Power to regulate,........ Power to license,.,6 HACKS AND HACKNEY COACHES. See Vehicles. HAWKERS. Power to license and regutLlate,. HAY. Power to designate and regulate places for sale of,. Power to inspect,..6... HEAD ING. Pow-er to inspect, HEALTH. Power to provide for preservation of,.. Power to establish Board of,....... Who constitute Board of,...... Public, duty of Metropolitan Police to guard, HEARTHS. Power to regulate construction of,.... HGII SCHOOL. Power to establish,........ HIGHWAYS. See Overseer of Higleways, Street Commissioners. Power to work and improve,...... Power to clean,.... Power to clean, pave, etc., by contract,.. Powver to open, widen, vacate, etc.... Saline,..... Powrer to dispose of dirt, cleanings, etc., of, Street Commissioners to superintend working of, To be worked and improved by Overseer of Highwa Power to grade, pave, etc.,...... How expenses of paving, grading, etc., of, to be pai Power to prevent the encumbering of, Power to remove encroachments on,. Power to regulate the use of,...... Power to survey and ascertain the boundaries of, Notice of opening of how and on whom served,. .. 103 103 . 72 103 . 157 103 .. 71 72 .. 10,13 103 ~ 103 103 . 103 103 . 159 24 361 115 116 117 . 196 197 . 200 ... 103 61 .. 103' 62 ..1 103 58 103 56 . 103 61 103 66 103 67 . lll 83 378 222 .. 103 57 .. 103 66 103 66 .. 103 57 103 6i 103 67 103 103 567 345 60 60 324 197 . 103 64 522 3,05 54 55 42 54 95 55; 41 41 54 54 55 59 56 59 9 ra INDEX. Return of service of notice of opening of,.... Attorney to apply for jury to consider matter of opening, 1 Qualifications of jurors to consider matter of opening, Summoning of jurors to open, extend, etc.,..... Drawing of jurors to open, extend, etc....., Challenge of jurors to open, extend, etc....................... Summoning of talesmen to open, extend, etc., Clerk to draw jury to open, extend, etc.,. Jury to open, etc., to be sworn,........ Jury to open, etc., to be advised by City Attorney,. Jury to open, etc., to view property to be taken to open, etc., Juiry to determine necessity of taking property to open, etc., Jury to award just compensation for property taken to open etc., Damages by opening, etc., how paid,...... Damages by opening, to mortgagees, lessees, etc., how appor tioned,............ Jury to report damages by opening, etc.,. Damages to mortgagees, lessees, by opening, etc., how Stated, Of report of jury relative to opening, etc., how confirmed,. Objections to report of jury relative to opening..... Amount of damages given in opening, etc., may be inquired into, Proceedings on objections to report of jury relative to opening etc.,...1 When new jury may lbe called relative to opening, etc.. Vacancy in jury to open, etc., how supplied,... Appeal from confirmation of report of' jury to open, etc., Notice of appeal irom such confirmation,. Return on appeal from confirmation of report of jury to open, etc.,............ Proceedings in Supreme Court on review of report of jury to open, etc.,.............. Proceedings on reversal of confirmation of report of jury to open, etc.,.......... On reversal of conlfimation of report to open, etc., City may elect to pay damag,es,........... When confirmation of report of jury to open, etc., conclusive, Report of jury to open, etc., to be entered in "Street Records," 1 Amount assessed for benefits by opening, etc., how collected, When damages for opening, etc., to be paid, Effect of payment of damages for opening, etc., Proceedings where lease affected by opening, etc., In opening," etc., beniefits to offset against damages, 1 In opening, etc., where damages to be awarded estates of deceased persons,........ Council may levy tax for paving, grading, etc..... HIGuWAY TAXEs. See Taxes. Road _Fund, Power to assess and levy,.... When persons not compelled to pay,. H oesG Power to restrain running at large, 5 HORSES, Power to restrain running at large. Power to compel fastening of, iii streets, HOTELS, Power to regulate iunners of,. 1 Power to license keepers of,. -.. HOUsE OF CORREvCTION, Power to build and regulate,...... Power to appoint and remove officers of,. 362 159 97 160 9& 161 99 1612 99 163 99 163 100 164 100 165 100 165 100, 1 ('15 101 166 101 167 101 167 101 167 101 1C)7 101 170 162 170 10,11 172 103 172 104 173 104 174 104 175 104 176 lot> 177 105 177 105 l7z3 ioa 179 106 ISO 106 181 107 182 1011' 183 108, 184 108 185 1 O,'3, 186 109 187 10,) 194 112 195 112 1>03 119 103 54 103 57' 103 59 .-.. 103 59 ... - 103 5R ,. 103 6G .. 103 6(; ... 103, 69 .. ioal 69 INI)EX. 363 Power to imprison in,........... Power to employ inmates of, on public works,... Expenses of, how paid,...... Same,.. Board of certain prisoners in, how paid,...... General laws as to safe keeping of prisoners, applicable to, Police Justice may commit to,.... Name and purposes of,........ How controlled,....... Owicers of, how appointed,.......... Salaries and expenditures of, to be sanctioned by the Council, Books of, how kept and what to show,. Quarterly statement of, to be made........ Accounts of, how audited.......... Aniual report of, to be made to the Council,..... Officers and employees of, how removed,.. Counties may contract for keeping convicts in,.... Judges, in counties having contracts, to sentence certain crimi nals to,........... Sheriff to convey certain convicts to,...... Saie............... Inspea tors of State Prison may contract for confining certain con victs in,........... When females may be sentenced to,.... Same,............. Same,......... Same,........... Certain persons liable to imprisomnent in jails in Detroit to be sent to,.......... Vagrants, etc., convicted in Wayne county, to be sent to,. Magistrates may sentence to, for vatgrancy,..... Penalty for attempting to escape from,. In default of bail for good behavior, persons may be committed to, Persons sentenced to, by United States Court,.... Laws applicable to State Prison to apply to,..... HOUSE OF CORRECTION, BOARD OF INSPECTORS OF THE. How appointed and termns of office of,.... To adopt rules and appoint officers of,...... Mayor to be member of.., Meetings of, and duties at such meetings,..... To keep records, and who may inspect them...... Members of, how removed,....... HOUSE OF CORRECTION, SUPERINTENDENT OF. To nominate officers,.............. How removed,........... Power of, to remove officers and employees,. To have control of and reside at,....... To carry out instructions of Inspectors,.. Powers of Deputy,.............. To keep record of infractions of rules, etc....... To receive certain prisoners sent from other counties,. To, receive females sentenced to,........ 4129 413 418 419 420 To receive females when sentence is commuted to imp in,.......... 2. To receive persons committed in default of bail, To receive persons sentenced to, by U. S. Courts, HOUSES OF ILL FA3sE. Power to suppress and punish keepers of,... Powers of Metropolitaii Police relative to,... 363 INDEX. 69 72 70 240 86 87 170 232 233 233 134 235 235 235 235 236 2311 23", , 3 239 238 21,'I; 2-:1,', 2 A,I 103 103 103 409 133 136 299 396 397 398 398 400 400 .400 400 401 403 404 405 407 406 4') C) 4 (' 416 417 4 -)S 411 2,,!, '24,, 245 397 398 397 399 399 401 398 401 401 402 402 402 415 405 416 2.13 238 233 234 235 236 233 2136 236 236 236 23'i 243 2,38 244 417 418 419 244 245 245 ... 103 64 .. 204 364 HUcKSTERS. Power to license, regulate or suppress, HYDRANTS. Water Commissioners may constru ct,. Fire Commission to provide, Transferred to Fire Commission,.. ICE AND SNOW. Power to compel cleaning sidewalks of, I3IPIISONMENT. For violations of Charter or ordinances, IN.ECENT EXPOSURES. Of persons, paintings, etc., power to prevent, At bathing places, power to prevent,. RN~DICTMENT. Power to prosecute by,............ Complaints and informations to have preciseness of,. 1 o Found in Wayne Circuit Court to be certified to Recorder's Court,.......-.po.tbebjuy.. — 11 Trials upon, to be by jury....1 INFORMATIONS. Power to prosecute by,.......... Form of,................... When not to be filed unless endorsed by Recorder, 8 Different degrees of offenses may be joined in,... 1. When defendant may be found guilty of less offense than laid illn, Two or inmore persons my be joined in,,..... IN PECTION. Of bread, 6 Of wood, lumber, etc.,. Of coal, hay, vegetables and provisions,1 Of oils, liquors, etc.,....... Articles going out of the State not subject to, Of weights aud measures by City Sealer, INS PECT OR S. Power to appoint and prescribe duties and lees of, INSPECTORS OF ELECTION, BOARD OF. How constituted,. Same,........... One of, with Alderman, to form Board of Registration, wards,. Oath of members of,. Vacancy in to be filled by electors,. Same,.......... Who to be members of, in wards not divided,. Who to be members of, in wards divided, Same,....... May appoint clerks,. Clerks of, to take oath,... Ballot boxes to be furnished to,. May administer oath to person challenged,. May administer oath to person asking registration, To certify returns of election,..... One of, to be chosen on Board of City Canvassers, To add certain names to registration lists, INTEREST, Onil public moneys, Cotnucil may contract for,.. On public Tmoneys to be credited to sinking fund. When sinking fund to be invested on.,.. IN)9EX ..... 103 6'6 .... 314 .'.. 43) .... 440 182 250 ')54 103 5 C, 103 72 103 57 103 64 112 113 118 139 so 80 82 89 112 113 114 113 115 116 so 80 81 so 81 81 iw3 .. 103 .. 103 .. 103 .. 103 .. 103 67 67 67 69 6 S, 68, . 1 103 67 ... 5 ''.1 8 in divided '3, .., 8 ... 31") .. 38 ... 39 .. 39 ... 39 .. 508 ... 49 .. 40 1.. 41 .. 44 ... 486 1.. 48 ... 48 .. 474 13 211 2T 29 27 28, 1 29 2s 298 28 2& 29 29 28 31 31 273 12S 128 130 .. 221 ... 22(; 12VI ). AL. On unpaid taxes,. On redemption of land sold for taxes, On bonds issued by Water Commissioners,. On "Volunteer Bounty Bonds," On bonds of Board of Education, INTEREST FUCND, For what purpose raised,... Power to raise by tax,...... INSURANCE COMPANIES, Power to levy tax on............. To make sworn statement of premiums received, INTERPRETER, Board of Registration may employ,. Same,........ JAmL Power to build, control and appoint officers of,. Power to imprison in,......... Power to employ inmates of, on public works,. Board of prisoners in, how paid,.... General laws relative to prisoners, apply to prisoners in, Clerk of Recorder's Court to report number sentenced to, Police Justice may commit to,..... 1 Metropolitan Police to convey to and from,... Assessor to make list of, for Wayne Circuit Court. How Assessor to make selectioni of,...... Number of, to be selectet,d.. Who not to be selected to serve as,....... List of, for Recorder's Court, prepared by Assessor,. Same.........4 Power of Council to fix fees of,..... Same............. Challenges of,............. Same............... Penalty on Assessor for not making list of,.... Qualifications of,........... Names of, to be deposited in "juiry box," Old ballots destroyed, before new names of, put in "ijury box When and how many to be drawn by clerk,.. Notice of drawing of, be given by clerk,.. Recorder and Sheriff to be present at drawing of,.. Drawing of, when to be adjourned,...... Proceedings on drawing of,.. -..... Minute of drawing of, made by Recorder and Sheriff, Minute of drawing of, filed in clerk's office,.... Venire j-acias for summoning who to serve,...... Yertire facias for summoning, how served and returned,. Neglecting to attend, may be finedl,...... Ballots of, exempt by law to be destroyed,. Names of, serving to be deposited in separate box,. Proceedings where sufficient number of, fail to attend,. When to be summoned forthwith,..... When talesmen to be summoned as,. Quallications of, to open, widen streets, etc..1 Fines and exemptions in such cases....... Drawing of, to open, extend streets, etc., Challenge of to o)nen. extend streets. etc..... Insufficiert number of, to open, extend streets, etc.,. 0 Drawing and swearing of, to open, extend streets, etc., 365 243 I. 249 310 .. 466 .. 536 ,,I Ix.. . 140 140 181 266 311 .. 196 115 201 119 76 76 .. 105 ... 105 .. 471 271 500 292 ... 103 ... 103 ... 103 ... 183 69 96 72 86 ... 136 155 .. 299 371-) 87 94 169 217 JURORS, . 560 561 . 562 563 . 14t) 70 . 103 iss . 138 395 1 140 140 . 141 11 , 14 . 143 143 . 144 144 . 1 4,a 145 . 146 146 . 147 148 . 149 150 .. 151 15-2 . 153 161. . 16) 1 163 . 1(;3 lf-;4 . 165 31.)2 322 323 88 41 52 110 88 231 89 89 89 89 90 90 90 90 90 91 91 91 91 92 92 92 92 93 93 99 1 99 100 100 lo,-) 366 INDEX. To view the property to be taken for public improvement, To ascertain necessity of public improvement,...... To award damages and compensation in such cases,. 1 Disqualification of certain persons to act as,..... Same,............ JURY. See Jurors, Highways. Persons tried, to have benefits of, as in Circuit Courts, Right of trial by,........... Offenses against charter, etc., may be tried without, 8 How drawn and sworn,......... Who may claim exemption from sitting on,... Same,.............. Firemen exempt from sitting on,...... Same,................... Policemen exempt from sitting on,..... Damages in opening streets, etc., to be ascertained by,. Attorney to apply for, in opening streets, etc.,... To report to Recorder's Court, in opening streets, etc.,. What report of, to state,......... Same,.............. Notice of confirmation of report of, to be given, Objections to confirmation of report of, to be filed, -. Report of, not to be annulled for matter of form,... Report of confirmed, if no objections filed, Proceedings if objections to report of, filed,.. 1. New, to be called on annulment of report or failure to agree, Vacancy in, how supplied,........ Appeal from confirmation of report of,. Proceedings on appeal from confirmation of report of,. Proceedings on reversal of confirmation of report of,. When errors in judgment of confirmation of report of, may be corrected,................ When confirmation of report of, to be conclusive,... Copy of report of, when to be entered on "Street Records," Confirmation of report of, how to affect leases, When to award damages to estates of deceased persons,. To consider necessity of drainage of low grounds,. Proceedings of, under the drainage act,. Same,......... Council may fix compensation of,..... Compensation of, in street opening cases,...... JunY Box. How and what names to be put in,... Old ballots in, to be destroyed before new names put in, When and how many jurors to be drawn from,.... Names of defaulting jurors to be returned to,..... Proceedings when insufficient number of names remain in,. JURY TRIALS. To be according to general laws,......... JUSTICES OF THE PEACE. Election, terms of office and powers of,.... Power to designate one, to act at Station House,. Power to designate one to act as Police Justice,... Same,........... Compensation of, in such cases,...... Power to revoke appointment of, in such cases. ~,. Criminal process issued by, to be served by Metropolitan Police, Same,.......... May issue warrants returnable before Police Justice, 2 366 INDEX. 166 167 167 394 395 101 101 101 230 231 138 139 139 139 148 162 262 4'38 365 157 160 169 170 1.111 I I 1, , 173 - I It 4 174 175 176 177 179 ISO .181 182 183 187 195 103 549 551 103 188 88 88 88 88 92 99 152 254 215 96 98 102 102 103 I.,)3 104 104 104 104 104 105 105 106 106 107 107 108 109 112 59 318 319 52 110 141 142 143 149 150 89 89 90 92 92 154 93 f 1) 21;)9 300 384 300 300 1 31-10 372 383 14 170 i7o 226 171 171 204 216 225 INDEX. SECTIO)N. RPAGE. Shall not act in criminal matters, but in certain cases,. 385 226 When may sentence to House of Correction...... 9412 242 Not incompetent to act in matters pertaining to the corporation, 279 158 KITE-S. Po-ver to prevent flying of,. ...... 103 56 LAMPS. Power to provide for erection of, in streets,.1 - Power to regulate use of, in barns, etc.,.... LARD. Power to regulate rendering of,.... Power to inspect,.. - -.-. LEASES. Of Corporation property, Controller to report,. - - - Treasurer to have custody of,..... Damages to, by opening streets, etc., how awarded,.. How stated in report of jury opening streets, etc.,... When to cease on account of opening streets, etc.,. - When Commissioners appointed to apportion rent under,. Of public wharves, etc., power to make,... - LIBRARY. District, power to levy tax for,.....5 Fines for refusing to act as Inspector of Schools go to use of, Board of Education to receive all moneys for,5.0 LICENSES. Power to authorize Mayor to issue,.....1 CGeneral provisions relative to issuing of, 1..1 Proceedinias by Mayor to suspend or annul,... To be countersigned by Clerk and entered in proper books, For sale of liquors, 6 Of runners of hotels, of draymen, etc.,....1 Of auctioneers, peddlers, hawkers, etc.,. -1 Of circuses, theatrical representations, etc., ,Of keepers of hotels, grocers, etc.,..1. Of )butchers, hucksters and sellers of provisions,.*3 {)f keepers of billiard tables and pin alleys, Of bath houses,.,.. -. 0.... Not to be granted for longer than one year. Metropolitan Police to collect all moneys due for, - - LrE.. Of assessments for opening alleys, etc.,..... 182 107 Of assessments for paving, grading, etc....... 103 5S Of assessments for abating nuisances,..... 103 61 Of assessments for cleaning cellars, privies, etc.,..... 103 62 Of assessments for building lateral sewers, etc.....,. 102 62 Of assessments for building sidewalks,.............. 105 7a ,Of general taxes,................ 1.......... 103 71 Same........4.......245 143 Of assessments for water rates,........... 315 183 Of bonds issued by Board of Education,... - 37 311 LIMITS. See Fire Limits, Boundarie& LIQUoa, See Wines and Liqu?ors. LISTS OF'PROPERTY. Assessor may demand,............. 286 13 How demand of, made, and proceedings when not furnished, - 236 136 LOA-Ns, Unauthorized, not to be made,......... May be made for public building fund,...... -.. Committee to negotiate. how constituted,. -, 4. 3q7 103 56 103 63 .. - 103 62 -. 103 68 62 f35 l.'67 170 187 187 103 37 39 101 '103 109 110 53 521 513 518 304 303 103 103 77 81 103 103 103 10-3 103 103 103 io3 103 ,345 70 '71 43 45 66 ,66 ,66 -66 66 -66 67 67 71 197 I" '204 222 123 12 .12-S INJ)E,,X. To be approved by Council,............ The faith and property of Corporation pledged to secure,. Power of Water Commissioners to make,........ Same,................ Same,................... LOTTERIES, Power to suppress, and punish managers of,...... Power Metropolitan Police relative to,........ LUMBER, Power to inspect,.. MANUME, Lying in streets, power to dispose of,. M APS, Council may provide for preservation of, Sanme,............ MARKETS, Power to establish and regulate,... Powier to lease stalls of,... Powcer to license keepers of stands of, Clerkis of, how appointed,... Term of office of clerks of,.. M.ARSHAL, How appointed,........ Assistanits of, how appointed,. -... Term of offce of,......... To file official bond,........ General powers and duties of,..... May serve process issued by Recorder's Court,. To serve notices in proceedings to open streets, etc.,. To summon jury in proceedings to open streets, etc., Further duties of, in proceedings to open streets, etc.,. To be ex ofscio fire warden. 1 To have power of fire warden,. Duties of, at fires,.... May be suspended or removed by Mlayor.... Office of, abolished,.......... Superintendent of Metropolitan Police to act as, MARSHrES, Proceedings for drainage of,.. Same,...... MAYOR, When elected,...-.... Term of office of.... Salary of,...... General powers and duties of,. Who to act in absence of,........ To nominate Receiver of taxes, Superintendenct of House o rection, Counsellor,.... To nominate Sewer Commissioners,.. 1 To nominate Commissioners on plan of the Cityt. To nominate Assessor,.... To nominate members of Board of review, To nominate Fire Marshal,.. To nominate Inspectors of House of Correction, To nominate Fire Commissioners,...... Powers relative to appointment of policemen,. Same,. Povw-ers relative to removal ol poiicemet,. 368 222 229 310 336 3317 1.29 131 181 190 191 . 103 65 351 204 . 103 67 .... 103 .... 104 ... 105 55 73 75 103 103 103 Ili: 1 5 60 60 66 12 l9 .. 4 4 .. 15 29 .. 66 l)5 .. 159 162 .. 164 258 .. 261 265 .. 21 373 .. 373 12 12 19 123 40 E4 97 99 100 150 152 153 21 p17 217 ... l03 59 ... 549 318 .. 3 15 .. r,17 56 .. 57 f Cor.. 4 .5 .. IS9 232 .. 237 2C,7 .. 897 4.4 .. 10 1(14 .. I 11) " 1, 11 l9 :',5 34 35 12 '13 ill 133 136 154 238 248 67 74 6 INDEX. Member of committee for negotiating loans,.... Member of Board of Commissioners of Sinking Fund,i,. To preside at meetings of Commissioners of Sinkinig Fund, iFx officio Fire Warden,...... Ex offcio Police Commissioner...... Ex o cio School Inspector,...... Ex offcio Inspector of House of Correction,... May suspend or remove certain officers,.... May suspend policemen,........ Mlay grant licenses and examine sureties for,.. Proceedings by, to annul or suspend licenses,.. Ordinances to be presented to, and approved by,. Neglectiug to return ordinances, etc., effect of, Veto by, proceedings on,....... When may call special meetings of Council,.. When to call meetings to vote taxes,... Same,............ Mlay execute deeds in absence of Controller, To sign certain bonds...... Same,........... Mlay administer oaths and take affidavits,.. 3'lay inspect books, etc., of Police Commissioners,. May inspect books, etc., of Fire Commissioners,. Entitled to copies of census returns,... Special election of, in case of vacancy,. MAYOR'S COURT, Continued until organization of Recorder's Court,. Samre,................. Records of, transferred to Recorder's Court,... Po-w