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AN ACT
TO INCORPORATE THE CITY OF LANSING,
As enacted by the Legislature of tThe State of Nichigan, at
the Regular  Session of 1859, approved Feb. 15, 1859.
AN  ACT  to incorporate the city of Lansing.
SECTION 1. The People of the State of Michigan enact,
That so much of the township of Lansing, in the county of Bo-das
Ingham, as is included in the following description, to wit:
All of sections nine, sixteen, twenty-one, ten, fifteen and
twenty-two, the east fractional half of section eight, the
east half of section seventeen, and the east fractional half
of section twenty, be and the same is hereby set off from
the said township of Lansing, and declared to be a city,
by the name of "the city of Lansing," by which it shall
hereafter be known.
Sec. 2. The freemen of said city, from time to time, be- IncoPoror.
ing inhabitants thereof, shall be and continue a body corporate and politic, to be known and distinguished by the
name and title of the city of Lansing, and shall be and are
hereby made capable of suing and being sued, of pleading
and being impleaded, of answering and being answered
unto, and of defending and being defended in all courts of
law and equity, and in all other places whatever; and may
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t,v. ,.  V;',, - 
CHARTER OF THE
have a common seal, which they may alter and change at
pleasure, and by the same name shall be and are hereby
made capable of purchasing, holding, conveying and dis        posing of any real and personal estate for said city.
dwar,a bo.   Sec. 3. The said city shall be divided into three wards,
as follows: The first ward shall consist of all that part of
the city north of the center line of Saginaw street, con        tinued east and west to the eastern and western boundary
of said city. The second ward shall consist of all that
part of the city south of the first ward and north of the
center line of Washtenaw street, continued east and west
to the eastern and western boundary of said city. The
third ward shall consist of all that part of the city south
of the second ward.
of,i.    Sec. 4. The officers of said city shall be one mayor, one
recorder, one treasurer, one clerk, one justice of the peace
in the first ward, and one justice of the peace in the second
and third wards of said city, one constable in each ward of
said city, two alderman in each ward of said city, onesof
whom in each ward shall be the supervisor of such ward,
as is hereafter designated and provided, two school inspec       tors, two directors of the poor, who shall be elected at the
annual city election by the qualified electors of the whole
city, or of the wards thereof respectively, by ballot, as
hereinafter provided; also, one auditor, one marshal, and
watchmen not to exceed one for each ward, of whom one
shall be designated as captain of the watch, one health phy       sician, and so many fire-wardens, common criers, pound-mas       ters, inspectors of fire-wood, weigh-masters and auction       eers, as the common council shall from time to-time direct,
to be appointed by the common council, and such other
officers as may be necessary to carry into effect the powers
granted by this act, whose powers and duties, other than
those defined in this act, shall be such as shall be pre       scribed by ordinance of the common council.
Sec. 5. No person shall be eligible to either of said offi
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CITY OF LANSING.
ces, unless he shall then be an elector and resident of said Egibt
omee.
city, nor shall he be eligible to any office for any ward or
district, unless he shall then be an elector and resident of
such ward or district, and when any officer elected or appointed for any ward or district, shall cease to reside in
said city, or if elected or appointed for any ward or district, shall cease to reside in such ward or district, his
office shall thereby become vacant, and no person shall be
eligible to the said office of recorder unless he shall be of
the degree of attorney and counsellor at law of the supreme
court of this State.
Sec. 6. An election shall be held in each ward annually, Em
electrons.
on the first Monday in April, at such place as the common council shall appoint, by posting printed notices
of the holding of said election, in at least three of the
most public places in each ward, at least six days previous
to said election.
Sec. 7. At the first annual election to be held in saidib.
city after the passage of this act, there shall be elected
two aldermen in each ward, one for the term of one year,
who shall enter upon the duties of his office immediately
upon his qualification, in the year eighteen hundred and
fifty-nine, and another for the term of two years, and the
term for which the person voted for is intended shall be
designated on the ballot; and at each annual election
thereafter to be held, one alderman shall be elected in
each ward, who shall hold his office for the term of two
years; there shall be elected annually in each ward, by
the electors thereof, one constable, to hold his office for
one year; and at the first city election after the passage
of this act, there shall be elected by the electors of the
first ward, one justice of the peace, and by the electors of
the second and third wards, one justice of the peace, who
shall hold their offices within the districts for which they
are elected, and for the term of four years from the time
they enter upon the duties thereof, as hereinafter provided,
elt
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CHARTER OF THE
and at every fourth annual election thereafter, unless a
vacancy shall sooner occur, there shall be elected two jus         tices of the peace, as aforesaid, who shall hold their term
of office four years: Provided, That the persons already
elected to the office of justice of the peace in said town         ship shall continue to hold their offices as justices of the
peace until the justices of the peace under this act shall
have been elected and qualified, unless their term of office
shall sooner expire; and there shall also be elected an        nually by the electors of the whole city, voting in their
respective wards, one mayor, one recorder, one clerk, one
treasurer, two directors of the poor, who shall hold their
offices for the period of one year; at the first city election
after the passage of this act, and at the annual election
every two years thereafter, there shall be elected in said
city by the electors thereof, voting in their respective
wards, two school inspectors, to hold their office for the
term of two years: Provided, That the persons now hold        ing said office of school inspector in said township, shall
continue to hold their office until the school inspectors
under this act shall have been elected and qualified, unless
their term of office shall sooner expire.
aftser lSec. 8. The common council Shall, at the first meeting
be lilpein    after their election, or as soon thereafter as may be, and as
often as any vacancy occurs in any of the offices in this
section named, appoint by ballot two commissioners for
the city cemetery (or cemeteries), one of whom shall hold
his office for the term of two years, and one of them for
the term of one year, and the term of each shall be desig       nated upon the ballot, and annually thereafter the said
common council shall appoint one commissioner of the city
cemetery, who shall hold his office for two years; they
may also appoint the watchmen for said city, not to ex       oeed one for each ward, of whom they shall designate one
as captain of the watch, to hold their respective offices
during the pleasure of said council; they may appoint, at
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CITY OF LANSING.
their first annual meeting after their election, or as soon
thereafter as may be, one surveyor and one health physician, to hold his office one year, and so many fire-wardens,
common criers, pound-masters, weigh-masters, inspectors
of fire-wood and auctioneers, as the common council shall
deem necessary, each to hold their offices during the pieasure of the common council; the common council may contract with a counseilor-at-law to perform such services as
may be required of him as attorney and counsellor-at-law
for said city, for such period, not exceeding one year, and
for such compensation as the common council shall determine; the person with whom such contract is made shall
not be entitled to receive for services rendered under such
contract, during its continuance, any other fee or reward
whatever, which shall be paid out of or withheld from the
treasury of the city.
Sec. 9. When  any vacancy occurs in any of the offices Lo"w,,~,
ho illed'
which are appointed by the common  council, either by
death, resignation or removal of the incumbent, the said
council may fill such vacancies by appointment for the remainder of the unexpired term for which such officer was
appointed.
Sec. 10. All officers appointed by the common council, hRmor,,.
how Mae&
by the provisions of this act, may each be removed from
office by the common council, for official misconduct, or for
the unfaithful or insufficient performance of the duties of
his office, but notice of the charges against them, and an
opportunity of being heard in their defence shall first be
given.
Sec. 11. On the day of election, held by virtue of this who
act, the polls shall be opened in each ward, at the several opened ad
el1"94.
places designated by the common council, at eight o'clock
in the morning, and shall be kept open, without intermission or adjournment, until four o'clock in the afternoon, at
which hour they shall be finally closed.
Sec. 12. The inhabitants of the said city being eleotors i-.;,.
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CHARTER OF THE
under the constitution of the State of Michigan, and no
others, are declared to be electors under this act, and qual        ified to vote at the elections held by virtue of this act;
and each person offering to vote at any such election, if
challeged by an elector of said city, before his vote
shall He received, shall take one of the oaths now pro        vided by the laws of this State, approved June twenty        seventh, eighteen hundred and fifty-one, entitled an act
to provide for holding general and special elections, which
oath shall be administered to him by one of the inspectors
of election; and if any person shall swear falsely, upon
conviction thereof, he shall be liable to the pains and pen        alties of perjury, but the common council of said city are
hereby authorized and empowered to provide by general
ordinance, from time to time, to so change the form of the
oath or oaths to be administered to such elector, (if chal        lenged,) as to conform to the constitution and laws of the
State which may from time to time be in force.
hopeotoi    Sec. 13. The two aldermen of each ward shall constitute
of election.
the board of inspectors of elections, and such one of their
number as they shall appoint shall be their chairman; said
board shall also appoint two competent persons to be
clerks of elections; each of said persons so appointed shall
take the constitutional oath of office, to be administered
br,either inspector of said board, who are hereby author        ized to administer the same.
l. -      Sec. 14. Inspectors of elections, as specified in the pre        ceding section, shall be inspectors of election held in said
wards respectively, as well for the election of State, dis        trict and county, as for the city and ward officers.
luot      Sec. 15. The electors shall vote by ballot, and each per        son offering to vote shall deliver his ballot, so folded as to
conceal its contents, to one of the inspectors, in the pres        ence of the board; the ballot shall be a paper ticket, which
shall contain, written or printed, or partly written and
partly printed, the names of the persons for whom the
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CITY OF LANSING.
elector intends to vote, and shall designate the office to
which each person so named is intended by him to be
chosen; but no ballot shall contain a greater number of
names of persons, designated for any office, than there are
persons to be chosen at the election to fill such office. On
the outside of each ballot, when folded, there shall appear,
written or printed, one of the following words: "ward"
"city;" but no ballot, found in the proper box, shall be
rejected for want of such endorsement.
Sec. 16. The ballot endorsed "city" shall contain the Bnuo.
names of persons designated as officers for the city; the
ballots containing the names of persons designated as officers for a ward shall be endorsed "ward." The common
council shall provide two boxes for each ward, with locks
and keys, in which the two kinds of votes shall be deposited separately.
Sec. 17. if at any annual election to be held in the said vaonos.
city, there shall be one or more vacancies to be supplied
in any office, and at the same time any person is to be
elected for the full term of said office, the term for which
each person voted for, for the said office, shall be designated on the ballot.
Sec. 18. Immediately after the closing of the polls, thec,,,aot
inspectors of election shall, without adjournment, publiclyT
canvass the votes received by them, and declare the result; and shall, on the same or on the next day, make a
certificate, stating the number of votes given for each person for each office, and shall file such statement and certificate, on the day of election, or on the next day, with
the clerk of the city.
Sec. 19. It shall be the duty of the inspectors of election, Poi iis.
on receiving the vote, as specified in section fifteen, to
cause the same, without being opened or inspected, to be
deposited in the proper box provided by the common
council for that purpose; the said board shall also write
down, or cause to be written down, the name of each elec
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CHARTER OF TIE
tor voting at such election, in a poll list to be kept by said
inspectors of election, or under their direction.
awnsI,    Sec. 20. The manner of canvassing said votes shall be
how oon
duoe    as follows:  The inspectors shall proceed to count the bal.
lots, unopened, and if the number of ballots so counted
shall exceed the number of names of electors contained in
the poll list, one of the inspectors shall draw out and destroy
as many as the number of ballots exceeds the number of
electors contained in said poll list; and if two or more bal        lots are found rolled or folded up together, they shall not
be counted; they shall then proceed to count and estimate
said votes, as provided in the preceding eighteenth section:
Pi..    Provided, however, That the first election held after the
passage of this act shall be conducted by the persons, at
the time and places, and in the manner to be designated
for the several wards, by the supervisor, township clerk,
and justice of the peace, whose term of office will first ex        pire, of the township of Lansing; and the persons so
elected shall be notified of their election, and file their
oath of office as the said officers shall direct.
l Sec. 21. The person receiving the greatest number of
votes for any office in said city or ward, shall be deemed
to have been duly elected to such office; and if any officer,
except aldermen, shall not have been chosen by reason of
two or more candidates having received an equal number
of votes, the common council shall, by ballot, elect such
officer from the two candidates having the highest number
of votes.
Cfeaites   Sec. 22. The supervisor, township clerk and justice of
of election,
the peace whose term of office will first expire, of the
township of Lansing, shall convene on the Thursday next
succeeding such election, at two o'clock in the afternoon,
at the township clerk's office, and shall determine and cer       tify, in the manner provided by law, what persons are duly
elected, at the said election, to the several offices respec       tively. Such certificate shall be made in triplicate, one of
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CITY OF LANSING.
which shall be filed with the clerk of said township, one
with the city clerk elected, and the other with the clerk
of the county of Ingham. The common council of the
city for the preceding year shall convene on the Thursday
next succeeding each annual election, at two o'clock in the
afternoon, at their usual place of meeting, and shall determine and certify, in the manner provided by law, what
persons are duly elected at the said election to the several
offices, respectively; such certificate shall be made in duplicate, one of which shall be filed with the clerk of the
city, and the other with the clerk of the county of
Ingham. All officers, elected as hereinbefore provided,
shall enter upon the duties of their respective offices on
the first Monday of May next following such election,
unless otherwise herein provided.
Sec. 23. It shall be the duty of the clerk of said city, as offib-eneoet
to be notisoon as practicable, and within five days after the meeting fled.
of the common council, as provided in the preceding section, to notify the officers, respectively, of their election;
and the said officers so elected and notified, as afcresaid,
shall, within ten days after such notice, take the oath of
office prescribed by the constitution of this State, before
some officer authorized by law to administer oaths, and
file the same with the clerk of said city.
Sec. 24. Whenever a vacancy occurs in the office of al-vaeane,ein
derman, by his refusal or neglect to take the oath of office CounefL
within the time required by this act, by his resignation,
death, ceasing to be an inhabitant of the city or ward for
which he shall have been elected, removal from office, or
by the decision of a competent tribunal declaring void his
election, or for any other cause, the common council of said
city shall immediately appoint a special election to be
held in the ward for which such officer was chosen, at some
suitable place therein, not less than five days nor more
than fifteen days from the time of such appointment: Pro /d, That in case any such vacancy shall occur in the
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CHARTER OF THE
said office of alderman within three months before the first
Monday of April in any year, it shall be optional with the
common council to order a special election or not, as they
shall deem expedient.
Otherv,m. Sec. 25. In case a vacancy shall occur in any of the offi eanlae.e,
ces in this act declared to be elective or appointive, except
alderman, the common council may, in their discretion, fill
such vacancy by the appointment of a suitable person,
who is an elector, and if appointed for a ward, who is also
a resident of the ward for which he shall be appointed,
and any officer appointed to fill a vacancy, if the office is
elective, shall hold, by virtue of such appointment, only
until the first Monday of May next succeeding; if an elec         tive office which shall have become vacant was one of that
class whose terms of office continue after the next annual
election, a successor for the unexpired term shall be elect         ed at the next annual election.
speoial lel  Sec. 26. Whenever a special election is to be held, the
tion, hour
uted. common council shall cause to be delivered to the inspec         tors of election in the ward where such officer is to be
chosen, a notice signed by them, specifying the officer to
be chosen, and the day and place at which such election
is to be held, and the proceedings at such election shall be
the same as at the annual or general election; such notice
shall also be published in a newspaper of the city, at least
once before the day of such special election.
Aceptanoe. Sec. 27. Every person chosen or appointed by the com        mon council, before he enters upon the duties of his office,
and within five days after being notified of his appoint        ment, shall cause to be filed in the office of the city clerk,
a notice in writing, signifying his acceptance of such
office.
Effeotoffail- Sec. 28. If any person elected or appointed under this
ing to file ae.
etance.- title, shall not take and subscribe the oath of office, and
file the same as therein directed, or shall not cause a notice
of acceptance to be be filed as therein directed, or if re
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CITY OF LANSING.
quired by the common council to execute an official bond
or undertaking, shall neglect to execute and file the same,
in the manner and within the time prescribed by the common council, such neglect shall be deemed a refusal to
serve, unless before any step is taken to fill-any such office
by another incumbent, such oath shall be taken, or such
acceptance be signified, as aforesaid.
Sec. 29. At the expiration of twenty days after any Duly of
clerk,
election or appointment of any officer or officers in the said
city, the clerk of the said city shall deliver to the common council a list of the persons elected or appointed, and
of the office to which they are chosen therein, specifying
such as shall have filed with him the oath of office, or notice of acceptance required by this act and such as shall
have omitted to file the same within the time herein prescribed.
Sec. 30. The mayor shall report to the commbn council Mayor tore,
port such ai
the names of such officers as shall have neglected to give f~ailto give
bon&.
the bond and security required by the provisions of this
act.
Sec. 31. Resignations by any officer authorized to be Re,,igna,?L
chosen or appointed by this act, shall be made to the common council, subject to their approval and acceptance.
Sec. 32. At all city elections, every elector shall vote ill Where Be,
tors may
the ward where he shall have resided ten days next preced- voto.
ing the day of election, otherwise he may vote in the ward
from which he removed: Provided, He shall have resided
in such ward ten days prior to such removal. The residencs of an elector under this act shall be the ward where
he boards or takes his regular meals.
Sec. i3. At any election held under this act, if, from any Insopecto
cause, either or all of the inspectors of election shall fail
to attend any such election, at the appointed time and
place, his or their place may be supplied for the time being by the electors present, who shall elect any of their
number viva voce, who, when so elected, shall be duly
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12
CHARTER OF TEE
sworn, by an officer authorized to administer oaths, to a
faithful performance of their duties.
;P~e~s'; Sec. 34. The expenses of any election to be held as pro        vided by this act, shall be city charges, and defrayed in
the same manner as the other contingent expenses of the
city.
Aid of of-  Sec. 35. Any person elected to any office under this act,
at the expiration of the term thereof, shall continue to
hold the same until his successor shall be elected or ap        pointed and qualified; and when a person is elected to fill
a vacancy in any elective office, he shall hold the same
only during the unexpired portion of the regular term
limited to such office, and until his successor shall be
elected and qualified.
Oommon    Sec. 36. The mayor and aldermen of said city shall concouneil,
stitute the common council. They shall meet at such times
and places as they shall from time to time appoint; and
on special occasions, whenever the mayor or person offici        ating as mayor, (in case of vacancy in thae office of mayor,
or if his absence from the city, or inability to officiate,)
shall by written notice appoint, and which shall be served
on the members in such manner and for such time as the
common council may by ordinance direct.
'ayor to    Sec. 37. The mayor, when present, shall preside at the
preside.
ide.  meetings of the common council.
,dinancs   Sec. 38. No ordinance or resolution passed by the com when sus )ended.  mon council shall have any ferce or effect, if, on the day of
its passage, or on the next day thereafter, the mayor or other
officer legally discharging the duties of mayor, shall lodge
in the office of the city clerk a notice in writing, suspend         ing the immediate operation of such ordinance or resolh
tion.  If the mayor or other officer legally exercising the
office of mayor, shall, within twenty-four hours after the
passage of such ordinance or resolution, lodge in the office
of the city clerk his reasons in writing why the same should
not go into effect, the same shall not go into effect, nor have 
CITY OF LANSING.
any legal operation, unless it shall, at a subsequent meeting of the common council, be passed by a majority of
two thirds of all the members of the common council then
in office, exclusive of the mayor or other officer legally discharging the duties of mayor, and if so re-passed, shall go
into effect according to the terms thereof. If such reasons in writing shall not be lodged with the clerk, as above
provided, such ordinance or resolution shall have the same
operation and effect as if no notice suspending the same
had been lodged with the city clerk, and no ordinance or
resolution of the common council, for any of the purposes
mentioned in this section, shall go into operation until after the expiration of twenty-four hours after its passage.
Sec. 39.  It shall be the duty of the city clerk to com- If
municate to the common council, at the next meeting of
the board, any paper that may be lodged with him pursu ant to the last preceding section.
Sec. 40. In the proceedings of the common council each
member present shall have one vote, except the mayor or
officer discharging the duties of mayor, who shall have
only a casting vote when the votes of the other members
are equally divided.
Sec. 41. The sittings of the common council sha'l be MbePoa.*
- be' publlo.
public, except wh:en the public interests shall in their
opinion require secresy. The minutes of the proceedings
shall be kept by the clerk, and the same shall be open at
all times for public inspection.
Sec. 42. Whenever required by two members, the votes vmeeeo,,,of
membew #o,
of all the members of the common council, in relation to b, ent,e,r,
on the aft.
any act, proceeding or proposition, had at any meeting, -
shall be entered at large on the minutes; and such
votes shall also be entered in relation to the adoption of
any resolution or ordinance, report of a committee, or
other act, for taxing or assessing the citizens of said city,
or involving the appropriation of public moneys.
Sec. 43. A majority of the common council shall be a c.
13',, 
CHARTER OF THE
quorum for the transaction of business; but no tax or as         sessment shall be ordered, or any appointment be made,
except by a concurring vote of a majority of all the mem         bers of the common council; and the council shall pre        scribe the rules for its proceedings.
Memnbers af    4.     mme
m.ber of  Sec. 44. No member of the common council shall, durcouncil inel-~
v~ to ityi mg the period for which he was elected, be appointed to,
or be competent to hold any office, of which the emolu        ments are paid from the city treasury, or paid by fees di        rected to be paid by any act or ordinance of the common
council, or be directly or indirectly interested in any con        tract, as principal, surety or otherwise, the expenses or
consideration whereof are to be paid under any ordinance
of the common council; but this section shall not be con        strued to prevent the mayor or clerk from receiving any
salary which may be fixed by the common council, nor
from holding any office, nor to deprive any alderman of
any emoluments or fees to which he may be entitled by
virtue of his office.
en,eral    Sec. 45. The common council, in addition to the powers
powers
am0      and duties especially conferred upon them in this act, shall
have the management and control of the finances, rights
and interests, buildings, and all property, real and person        aJ, belonging to the city, and may make such orders and
by-laws relating to the same as they shall deem proper
and necessary; and further, that they shall have power
within said city to enact, make, continue, establish, modi        fy, amend and repeal such ordinances, by-laws and regula        tions as they deem desirable within said city, for the
following purposes:
~P.ebeese  First. To prevent vice  and immorality, to preserve
public peace and good order, to regulate the police of the
city, to prevent and quell riots, disturbances, and disorderly
assemblages;
oorderly Second. To restrain and prevent disorderly and gaming
cdrg"m. houses, and houses of ill-fame, all instruments and devices
14 
CITY OF LANSING.
used for gaming, and to prohibit all gaming and fraudulent
devices, and regulate or restrain billiard tables and bowling alleys;
Third. To forbid and prevent the vending or other dis-. tt,h,eaiWg
positions of liquors and intoxicating drinks, in violation of
the laws of this State, and to forbid the selling or giving, to
be drank, any intoxicating liquors to any child or young
person, without the consent of his or her parent or guardian, and to prohibit, restrain and regulate the sale of all
goods, wares and personal property at auction, except in
cases of sales authorized by law, and to fix the fees to be
paid by and to auctioneers;
Fourth. To prohibit, restrain and regulate all sports, ex- Ehibitio.
hibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses, or other public performances, and exhibitions for money;
Fifth. To abate or remove nuisances of every kind, and Nuane".
to compel the owner or occupant of any grocery, tallowchandler shop, butcher's stall, soap factory, tannery, stable,
privy, hog-pen, sewer, or other offensive or unwholesome
house or place, to cleanse, remove or abate the same, from
time to time, as often as they may deem necessary for the
health, comfort and convenience of the inhabitants of said
city.
Sixth. To direct the location of all slaughter-houses, mar- b.I
kets and buildings for storing gunpowder, or other combustible substances;
Seventh. Concerning the buying, carrying, selling andgapowd.,
using gunpowder, fire-crackers or fire-works manufactured
or prepared therefrom, or other combustible materials, and
the exhibition of fire-works, and the discharge of fire-arms,
and the lights in barns, stables and other buildings, and to
restrain the making of bonfires in streets and yards;
Eighth. To prevent the cumbering of streets, side-walks, Encumb —
cross-walks, lanes, alleys, bridges, aqueducts, wharves or
slips, in any manner whatever;
15 
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CHARTER OF THE
Fast driang  Ninth. To prevent and punish horse-racing, and immod        erate driving or riding in any street, or over any bridge,
and to authorize the stopping and detaining any person
who shall be guilty of immoderate driving or riding in any
street, or over any bridge;
Raioads.   Tenth. To restrain and regulate the use of locomotives,
engines and cars upon the railroads within the city;
Bathig    Eleventh. To prohibit or regulate bathing in any public
water, and to provide for cleansing Grand  and  Cedar
rivers of drift-wood and other obstructions within the city
limits;
Vagrants,&c Twelfth. To restrain and punish drunkards, vagrants,
mendicants, street beggars, and persons soliciting alms or
subscriptions for any purpose whatever;
Punds.    Thirteenth. To establish and regulate one or more
pounds, and to restrain and regulate the running at large
of horses, cattle, swine and other animals, geese and poultry,
and to authorize the impounding and sale of the same for
the penalty incurred, and the costs of keeping and im        pounding;
Dogs.     Fourteenth. To regulate and prevent the running at large
of dogs, to impose taxes on the owners of dogs, and to pre        vent dogfights in the streets;
Nuisances.   Fifteenth1. To prohibit any person from bringing and
depositing within the limits of said city, any dead carcass
or other unwholesome or offensive substances, and to
require the removal or destruction thereof, if any person
shall have on his premises such substances, or any putrid
meats, fish, hides or skins of any kind, and on his default,
to authorize the removal or destruction thereof by some
officer of the city;
Side-walk.   Sixteenth. To compel all persons to keep side-walks in
front of premises owned or occupied by them, clear from
snow, dirt, wood, or obstructions;
Disturbing Seventeenth. To regulate the ringing of bells, and the
crying of goods and other commodities for sale at auction, 
CITY OF LANSING.
or otherwise; and and to prevent disturbing noises in the
streets;
Eighteenth. To prescribe the powers and duties of watch- Watchmen.
men, and the fines and penalties for their delinquencies;
Nineteenth. To regulate and establish the line upon which strt.
buildings may be erected upon any street, lane or alley in
said city, and to compel such buildings to be erected upon
such line, by fine upon the owner or builder thereof, not
to exceed five hundred dollars;
Twentieth. To regulate the bnrial of the dead, and to uilof
compel the keeping and return of bills of mortality;
Twentyfirst. To establish, order and regulate the mar- marks.
kets, to regulate the vending of wood, meats, vegetables,
fruit, fish and provisions of all kinds, and prescribe the time
and place for selling the same, and the fees to be paid by
butchers for license: Provided, That nothing herein con- io.
tained shall authorize the common council to restrict in
any way the sale of fresh and wholesome meats by the
quarter within the limits of the city;
Twenty-second. To establish, regulate, and preserve pub- Reervoiro.
lic reservoirs, wells and pumps, and to prevent the waste
of water;
Twenty-third. To regulate sextons and undertakers for sseu, &e.
the burying the dead, carmen and their carts, hackney
carriages and their drivers, omnibuses and their drivers,
scavengers, porters and chimney-sweeps, and their fees
and compensation, and the fees to be paid by them into the
city treasury for license;
Twenth-fourth. To prevent runners, stage-drivers and Rmer.
others, from soliciting passengers or others to travel or
ride in any stage, omnibus, or upon any railroad, or to go
to any hotel or otherwheres;
Twenty-fifth. Concerning the lighting of the streets and Street liht"
alleys, and the protection and safety of public lamps;
Twenth-sixth. To regulate and restrain hawking  andPeddng.,
peddling in the streets, and to regulate pawnbrokers;
2
17 
CHARTER OF THE
Duties and Twenth-seventh. To prescribe the duties of all officers
eompensa ion off appointed by the common council, and their compensa "Hrous omfi.
tion, and the penalty or penalties for failing to perform
such duties, and to prescribe the bonds and sureties to
be given by the officers of the city for the discharge of
their duties, and the time for executing the same, in cases
not otherwise provided for by law;
Wate.     Twenty-eighth. To preserve the salubrity of the waters of
Grand river, and other streams within the limits of the said
city; to fill up all low grounds or lots covered or partially
covered with water, or to drain the same, as they may
deem expedient;
Hao,k tndc  Twenty-ninth. To prescribe and designate the stands for
carriages of all kinds which carry persons for hire, and
carts and carters, and to prescribe the rates of fare and
charges, and the stand or stands for wood, hay and produce
exposed for sale in said city.
mets-and  Sec. 46. The common council may ascertain, establish
all$v.' 
and settle the boundaries of all streets and alleys in the
said city, and prevent and remove all encroachments
thereon, and exercise all other powers conferred on them
by this act, in relation to highways, common and other
schools, the prevention of fires, the levying of taxes, the
supplying of the city with water, and all other subjects
of municipal regulation, not herein expressly provided.
~'.m~    Sec. 47. The common council shall also have power, by
ordinance or otherwise, to require the owners or occu       pants of any mill-race within the said city, to cover the
same with bridges or arches, to be constructed with such
materials as the common council shall direct-; or they
may direct the same to be covered in the same manner
that other public improvements are directed to be made.
r.        Sec. 48. Whenever  the owner  or occupant  of any
mill-race shall refuse or neglect within such time as the
common council shall have appointed, to cover such mill       race in the manner and with the materials by them
is
I 
CITY OF LANSING.
directed, it shall be lawful for the common council to cause
the same to be done at the expense of the city, and to recover the expenses thereof, with damages at the rate of
ten per cent., with costs of suit, from such owner or
occupant;
Sec. 49. Where, by the provisions of this act, the corn- Pertim
mon council have authority to pass ordinances on any
subject, they may prescribe a penalty not exceeding
one hundred dollars (unless the imposition of a greater
penalty be herein otherwise provided,) for a violation
thereof, and may provide that the offender, on failing to
pay the penalty imposed, shall be imprisoned in the county
jail of Ingham county, for any term not exceeding ninety days, which penalties may be sued for and recovered
with costs, in the name of the city of Lansing.
Sec. 50. No ordinance of the common council, imposing!b.
a penalty, shall take effect until after the expiration of at
least three days after the first publication thereof in a
newspaper published in said city.
Sec. 51. A  record or entry made by the clerk of the zviden of
said city, or a copy of such record or entry duly certified pubeati.
by him, shall be primafacie evidence of the time of such
first publication; and all laws, regulations, and ordinances
of the common council may be read in evidence in all
courts of justice, and in all proceedings before any officer,
body or board in which it shall be necessary to refer
thereto; either:
First. From a copy certified by the clerk of the city,
with the seal of the city of Lansing affixed; or,
Second. From the volume of ordinances printed by authority of the common council.
Sec. 52. Whenever the common council are required by Publiea-o
law to make publication of any notices, ordinances, or resolutions of proceedings, in one or more newspapers of the
said city, it shall be deemed sufficient to publish the same
in any daily or weekly newspaper published in said city.
19 
CHARTER OF THE
Oemeteries. Sec. 53. The common council shall have power to pur       chase and to hold a suitable lot or lots of land, within or
without the corporation limits, for the purpose of a city
cemetery or cemeteries; and they shall make such rules
and regulations regarding the same as they may deem ne       cessary; and may cause the same to be surveyed into
suitable lots, and may dispose of the same to purchasers,
and thereupon cause to be executed to such purchaser a
good and sufficient deed, in the corporate name of said
city, which deed shall be signed by the mayor and clerk.
t'd't  Sec. 54. The commissioners of the city cemetery and
of cit cm       the auditor shall constitute a board of superintendents of
the city cemetery, and the auditor shall be the treasurer
of said board.
Potters   Sec. 55. The common council shall have power to pur    d.    chase a Potter's field, within or without the city limits, for
the burial of the city poor; and may make such rules and
regulations concerning the same as they may deem nec        essary.
Pable     Sec. 56. The common council shall have power, whenbuildin~
ever, in their opinion, the necessities of the city require,
to construct a city watch-house, city-hall, and city-market
or markets, and to appoint the keepers, clerks, and neces        sary officers thereof, and may locate such city watch-house,
city-hall, and city-market or markets, within or without the
city limits, and may make such regulations concerning the
same as the common council may think proper.
Taverms   Sec. 57. First. The common council shall have and exer        cise, in and over said city, the same powers in relation to
the regulation of taverns, groceries, common victuallers,
saloon-keepers and others, as are now or may hereafter be
conferred by the general laws of this State upon township
boards, or upon corporate authorities of cities and villages
in relation to tavern-keepers and common victuallers, and
subject to the same conditions and limitations, and the gen        eral laws of this State now in force, or which may hereafter
20 
CITY OF LANSING.
be enacted, in relation to the regulation of tavd,, groceries and common victuallers, shall be deemed applicable to
this city, unless otherwise limited.
Second. No person shall engage in or exercise the busi-Tobe u                                                          ed.
ness or occupation of tavern-keeper, inn-holder, common
victualler, or saloon-keeper, within the limits of said city,
until he is first licensed as such by the common council;
and any person who shall assume to exercise such business
or occupation, without having first obtained such license,
shall forfeit and pay for every day he shall so exercise such
occupation or business, the sum of two dollars, to be recovered by action of debt, in the name of the city of
Lansing, before any justice of the peace of said city, together with the costs of prosecution.
Third.  The common council shall have power to grant Liaw,.
licenses to authorize persons to exercise the business of
tavern-keeper, inn-holder, common victualler, or saloonkeeper, within said city, and may impose such fees, to be
paid into the city treasury, on the granting of such licenses, as they may see fit.
Sec. 58. The city clerk shall be the sealer of weights Weigh and
and measures of the said city, and shall perform all the
duties of township clerk, so far as the same applies to the
sealing of weights and measures, and the laws of this
State relating to the sealing of weights and measures
shall apply to the said city.
Sec. 59. On the last Tuesday in the month of April in tAoCbO,,t
to be audi,
each year, the common council shall audit and settle the ted.
accounts of the city treasurer, and the accounts of all other
officers and persons having claims against the city, or accounts with it; and shall make out a statement in detail
of the receipts and expenditures of the corporation during
the preceding year, in which statement shall be clearly
and distinctly specified the several items of expenditure
made by the common council, the objects and purposes for
which the same were made, and the amount of money ex
21 
CHARTER OF THE
pended undeach; the amount of taxes raised for the
general (dingent expenses; the amount raised for light        ing and watching the city; the amount of highway taxes
and assessments; the amount of assessment for opening,
paving, planking, repairing and altering streets, and build        ing and repairing bridges; the amount borrowed on the
credit of the city, and the terms on which the same was
obtained; and such other information as shall be neces        sary to a full understanding of the financial concerns of the
city.
satement   Sec. 60. The said statement shall be signed by the mayor
tobepub    hed    and clerk, and filed with the papers of the city; and the
same shall be published by the clerk, at the expense of
the city, in some newspaper thereof, to be designated by
the common council, previous to the first day of May
thereafter.
Duty of    Sec. 61. It shall be the duty of the mayor to take care
that the laws of the State, and the ordinances of the com        mon council, be faithfully executed; to exercise a constant
supervision and control over the conduct of all subordinate
officers, and to receive and examine into all complaints
against them for neglect of duty; to recommend to the
common council such measures as he shall deem expedient
to expedite such as shall be resolved upon by them, and,
in general, to maintain the peace and good order, and ad       vance the prosperity of the city.
oiai      Sec. 62. All official bonds of said city shall be deposited
bronde,
with the clerk of the city for safe keeping, and it shall be
his duty to deliver the same to his successor in office.
Dmfe of&1-  Sec. 63. It shall be the duty of every alderman in said
dermen.
city, to attend the regular and special meetings of the
common council; to act upon committees when thereunto
appointed by the mayor or common council; to order the
arrest of all persons violating the laws of this State, or the
ordinances, by-laws or police regulations; to report to the
mayor all subordinate officers who are guilty of any official
22 
CITY OF LANSING.
misconduct, or neglect of duty; to maintain peace and
good order, and to perform all other duties required of
them by this act.
Sec. 64. The mayor and aldermen, by virtue of their re- Mlayorand
aldermen fa
be consevy~
spective offices, shall be conservators of the public peace, betor~nse Of thv
public peac
and as such, shall each have and exercise all the powerub 
and authority of justices of the peace in criminal cases, and
in enforcing the laws of this State, relating to the police
thereof, but shall have no jurisdiction of civil cases, other
than such as by this act shall be expressly conferred upon
them, or either of them.
Sec. 65. That alderman in each ward of said city whoseSuperv,k'
term of office shall soonest expire, shall be the supervisor
within and for his respective ward for the last year of his
term, and shall have and exercise, within his respective
ward, all the powers, authority and functions of supervisors of towns as now provided, or may hereafter be provided by law, except as herein otherwise provided; and
each of them shall be members of the board of supervisors of the county of Ingham, and as such shall be entitled
to the same compensation, and shall be paid in the same
manner; and they shall perform as supervisors such other
duties as by this act shall be required of them.
Sec. 66. The annual assessment of property in each, to
ward shall be made by such alderman thereof, acting as,
and being supervisor thereof as above in the last section
provided.
Sec. 67. The said aldermen, acting as and being the h-~mP
pervisors of said city, as above provided, shall receive as
compensation for their services while actually employed in
their duty as assessors in their respective wards, the same
sum per day as supervisors or assessors performing like
duties in townships are or may hereafter be allowed by
law, which compensation shall be audited and paid by the
common council of said city, by the vote and resolution of
aaid council, which the said aldermen so claiming (as Sn
23 
CHARTER OF THE
pervisors) compensation, shall not be allowed to vote or
take part.
Accounts    Sec. 68. The accounts and demaunls of all persons against
and dema'ds
the city, shall be verified by affidavit, and shall set forth
the items thereof in detail, which affidavits may be taken
and certified by any member of said common council.
Seal, &c.   Sec. 69. The clerk shall keep the corporate seal, and all
the papers and files belonging to said city as a corporation,
not properly by this act in the custody of some other offi        cer thereof, and shall make a record of the proceedings of
the common council, whose meetings it shall be his duty
to attend, and copies of all papers duly filed in his office,
and transcripts from the records of the proceedings of
the common council, certified to by him under the cor        porate seal, shall be evidence in all places, when produced,
of the matters therein contained; he shall countersign
all licenses granted for any purpose whatever by the
mayor or common council, and shall enter in an appropri        ate book the name of every person to whom a license shall
be granted, and the number of such license, and the date
thereof, and the time during which it is to be continued
in force, and the sum paid for such license; no license
for any purpose granted shall be valid until thus counter        signed by the clerk.
Oruiances   Sec. 70. The clerk shall publish at least one week in a
to be pub.
pub-newspaper printed in the city, all the ordinances of the
common council, for the violation of which any penalty
may be imposed, and all votes, ordinances and resolutions,
directing the payment of money, shall be published at
least once in like manner, within eight days after the pass        age of such vote, ordinance or resolution; he shall also
perform such other duties as this act shall direct, or which
may be directed by ordi.nance of the common council.
Treaoer.   Sec. 71. The treasurer shall receive all moneys belong        ing to the city, and shall deposit and and keep the same as
directed by the common council, and shall keep an account
24 
CITY OF LANSING.
of all receipts and expenditures in such manner as the
common council shall direct; all moneys drawn from the
treasury shall be drawn in pursuance of an order of the
common council, by warrant signed by the clerk, and coun
tersigned by the auditor; such warrant shall specify for
what purpose the amount named therein is to be paid;
and the clerk shall keep an accurate account, under appropriate heads, of all expenditures, of all orders drawn upon
the treasury, in a check-book to be kept by him for that
purpose; the books and accounts of the treasurer shall, at
reasonable hours, be open to the inspection of any elector
of said city; the treasurer shall exhibit to the common
council, at the last regular meeting in the month of April,
a full and fair account of the receipts and expenditures
after the date of his or the last annual report, and also the
state of the treasury, which account shall be referred to a
committee for examination, and if found to be correct shall
be filed.
Sec. 72. The attorney or counseller of the city shall per- ityao
hey.
form such duties and exercise such powers as shall be as- 
signed to him by the common council, by an ordinance
duly enacted.
Sec. 73. The city marshal shall be superintendent of the citmht
city, and it shall be his duty to superintend, under the
general direction of the common council, all work to be
done or performed, ordered or required to be done or
performed upon or in relation to any of the public streets,
walks, bridges, sewers, or public pumps, reservoirs or
grounds of said city; and to perform such other duties as
by this act or the ordinances or resolutions of the common
council shall be required.
Sec. 74. The recorder shall possess the same powers, and ReD&a
perform and discharge the municipal duties of mayor dur ing the absence, inability, death, resignation or removal of
the mayor; he shall also have power to hold a recorder's
25
I -11, 
CHARTER OF THE
prescribed, and he shall have the power and may exercise
the jurisdiction in all cases arising within the limits of the
said city, which is now or may hereafter be conferred upon
the judges of the circuit courts of the State, or circuit
court commissioners, in cases of proceedings to recover
possession of land in certain cases, by chapter one hun        dred and twenty-three of the revised statutes, and the
amendments thereof; and also in cases of habeas corpus
and certiorari, to inquire into causes of detention by chap        ter one hundred and thirty-four of said revised statutes,
and also of all proceedings under title twenty-seven of the
said revised statutes, entitled "of the punishment of fraud        ulent debtors, and the relief of insolvent debtors," and in
the exercise of such jurisdictions, shall be entitled to de        mand and receive the same fees for the services so ren        derod, as are now or may hereafter be allowed to circuit
court commissioners for like services; the recorder shall
be entitled to a seat within the common council for the
purposes of deliberation and of acting on committees, but
shall have no vote therein except when performing the
duties of mayor according to the provisions of this act.~
ltces of   Sec. 75. The justices of the peace of said city shall file
t peac. their oaths of office in the office of the clerk of the county
of Ingham, and shall have, in addition to the jurisdic        tion conferred by this act on them, the same jurisdiction,
powers and duties conferred on justices of the peace in
townships: And provided further, That all actions within
the jurisdiction of justices of the peace, may be commenced
and prosecuted in said justices' courts when the plaintiff
or defendant, or one of the plaintiffs or defendants, reside
in the township of Lansing, or in any township next ad       joining the same.
.    Sec. 76. It shall be the duty of the justices of the peace
of said city to keep their offices in said city, and attend to
all complaints of a criminal nature which may properly
,
.                                                              I
26. 
CITY OF LANSING.
when engaged in cases for the violation of the ordinances
of said city, such fees as the common council shall by ordinance prescribe.
Sec. 77. All fines, penalties or forfeitures, recovered be- Fines to be
paid into the.fore any of said justices, for violation of any city ordinance, oity teas'y.
shall, when collected, be paid into the city treasury, and
each of said justices shall report on oath to the common
council, at the first regular meeting thereof in each month,
during the term for which he shall perform the duties of
such justice, the number and name of every person against
whom judgment shall have been rendered for such fine,
penalty or forfeiture, and all moneys by him received for
and on account thereof, which moneys so received, or
which may be in his hands, collected on such fine, penalty
or forfeiture, shall be paid into the said city treasury on the
first Monday of each and every month during the time
such justice shall exercise the duties of said office; and for
any neglect in this particular, he may be suspended or removed, as hereinafter provided.
Sec. 78. In addition to the security now required by law Bond,
to be given by justices of the peace, each of the justices
of the peace shall, before entering upon the duties of his
office, execute a bond to the city of Lansing, with one or
more sufficient sureties, to be approved by the mayor or
recorder ot said city; which approval shall be endorsed
on said bond, in the penalty of one thousand dollars, conditioned for the faithful performance of his duties as a
police justice of said city, and to pay over the moneys so
collected, and make his report as in this act required;
which bond shall be filed in the office of the treasurer of
said city.
Sec. 79. It shall be the duty of each justice of the peace, Duty of j,l
,f os  of tlhe
at the first regular meeting of the common council, in earh poa,e.
of the months of August, November, February  and Ma>,
in every year, to account on oath before the common colncil, for all such moneys, goods, wares and merchandize,
27 
CHARTER OF THE
seized as stolen property, as shall then remain unclaimed
in the offices of either of said justices of the peace, and
immediately thereafter to give notice, for four weeks, in
one of the public newspapers printed in the said city, to
all persons interested or claiming such property: Provi        ded, always, That if any goods, wares, merchandize, or
chattels of a perishable nature, or which shall be expen        sive to keep, shall at any time remain unclaimed in the
offices of either of said justices, it shall be lawful for such
justice to sell the same at public auction, at such time, and
after such notice, as to him and the said common council
shall seem proper.
DutT of jus- Sec. 80. It shall be the duty of each of the justices of
tices of the
peace.   the peace aforesaid, who may recover or obtain possession
of any stolen property, on his receiving satisfactory proof
of property from the owner, to deliver such property to
the owner thereof, on his paying all necessary and reason        able expenses which may have been incurred in the recov        ering, preservation or sustenance of such property, and
the expenses of advertising the same.
D.        Sec. 81. It shall be the duty of each of the justices of
the peace aforesaid to cause all property unclaimed after
the expiration of the notice specified in the last preceding
section but one of this act, money excepted, to be sold at
public auction to the highest bidder, unless the prosecu        ting attorney of the county of Ingham shall direct that
it shall remain unsold for a longer period, to be used as
evidence in the administration of justice, and the proceeds
thereof forthwith to pay to the treasurer of the said city,
together with all money, if any, which shall remain in his
hands after such notice as aforesaid, first deducting the
charges of said notice of sale.
Conutables. Sec. 82. The constables of said city shall have and re        ceive the same fees, and have the like powers and author        ity in matters of civil and criminal nature, as is conferred
by law upon constables in the several towns of this State,
-.28 
CITY OF LANSING.
and shall, if required by the common council, give like
security.
Sec. 83. The city constables shall obey the orders of the constable%
mayor and aldermen, or of any person legally exercising
the criminal jurisdiction of a justice of the peace in said
city, in enforcing the laws of the State or the ordinances
of said city, and in case of refusal or neglect so to do, he
or they shall be subject to a penalty of not less than one
nor more than twenty-five dollars.
Sec. 84. The expenses of apprehendinexaminirg and Errnue.
committing offenders against any law )f this tate, in the
said city, and of their confinement, shall be audited, allowed and paid by the supervisors of the county of Ingham, in the same manner as if such expenses had been
incurred in any town of the said county.
Sec. 85. The city auditor, previous to entering upon the city a.tot
duties of his office, shall take and subscribe an oath for
the faithful performance of the same, and he shall also enter into a bond in such sum and with such sureties as the
common council shall fix and approve in writing endorsed
thereon, which bond shall be filed with the city clerk.
Said auditor shall countersign all orders for the payment
of money out of the city treasury, and shall perform
such other duties as the common council shall by ordinance
prescribe, and such other duties as are prescribed in this
act.
Sec. 86. The superintendents of the city cemetery or Board ofSu                                                          peintend'tocemeteries shall have the care of the city cemetery or of'the ity
cemeteries, and all the grounds or other property belong- cemetery.
ing thereto, subject to the ordinances and direction of the
common council; they shall make such improvements upon
the property as they shall think expedient, but shall not
expend, in any one year, more than one hundred dollars,
without the consent of the common council previously obtained, and they shall receive no pecuniary compensation
for their services; and said superintendents shall report
29' 
CHARTER OF THE
quarterly to the common council the amount expended by
them in the improvement of said property.
Auditortoer Sec. 87. The auditor shall, as treasurer of the board
be treasirer
of the ard of superintendents, receive all moneys for lots which shall
be sold in said city cemetry or cemeteries, and also all
penalties collected for violation of city ordinances in rela        tion to such cemetery or cemeteries, and shall pay, upon
resolution of the board, for improvements made upon the
grounds of the said cemetery or cemeteries, and also the
incidental e ases of the board, where the accounts for
said incidental expenses shall have been audited and
allowed by the common council.
Monpeyd to   Sec. 88. The auditor shall pay over to the city treasurer
be paid into
the city
treasury.  allmoneys which shall come into his hands astreasurer of the
board of superintendents of the city cemetery, which are
not by this act appropriated.
Au,l re. Sec. 89. It shall be the duty of said board of superinport.
tendents to publish an annual report in relation to the
matters committed to their charge, in one of the news        papers printed in said city, between the first and fifteenth
days of February in each year.
Sehool in-   Sec. 90. The school inspectors and directors of the poor
Bpect'rs and
,rectors8 of shall continue to perform such duties as are required of
the poor.
them by law.
Otheroffi-   Sec. 91. The  city surveyor,  health physician,  fire        wardens, common criers, pound-masters, inspectors of fire        wood and weigh-masters, shall perform such duties, and
if required, shall file such securities as the common
council shall by ordinance direct.
slaries.   Sec. 92. The common council shall annually'determine
the salary or compensation to be paid to the several
officers of the said city, within the limitations hereinafter
prescribed, and which shall be as follows, to wit: To the
city clerk, in addition to his fees and perquisites prescribed
by law, a sum not exceeding one hundred dollars per
annum; to the city treasurer, a sum not exceeding one
-so 
CITY OF LANSING.
hundred dollars per annum; to the city marshal, as superintendent of streets and highways, a sum not exceeding
one dollar and fifty cents per day, and at that rate for any
part of a day, for every day by him actually spent in the
performance of such duties; to each alderman of said city,
as such, a sum not exceeding one dollar per annum; to
the city auditor a sum not exceeding one hundred dollars;
to the city attorney a sum not exceeding two hundred
dollars per annum; and they may also establish the fee or
salary to be paid to all other officers appointed by them,
whose fees are not prescribed by law, and whose compensation for services is required to be paid from the city
treasurer.
Sec. 93. The common council shall examine, settle, and pdeaymaent of
demands.
allow all accounts and demands properly chargeable against
said city, as well of its officers as other persons, and shall
have authority to provide means for the payment of the
same, and for defraying the contingent expenses of the
said city, subject only to the limitations and restrictions
in this act contained.
Sec. 94. For the purpose of defraying the expenses andTax.
all liabilities incurred by said city, and paying the same,
the common council may raise annually, by tax levied upon
the real and personal property within said city, such sum
as they may deem necessary, not exceeding one-half of one
per cent. on the valuation of such real and personal estate
within the limits of said city, according to the valuation
thereof, taken from the assessment roll of the year preceding the levying of such tax, and the sum or sums so to
be raised shall be apportioned between the several wards
of said city, in the manner in this act provided.
Sec. 95. The treasurer of said city shall collect all taxes cleotion of
taxes.
levied or assessed in said city, and for that purpose such
treasurer shall give bond to said city, in such sum and
with such surety or sureties as the common council shall
require and approve; and such treasurer shall also give
31 
CHARTER OF THE
to the treasurer of the county of Ingham such further
security as is or may hereafter be required by law of the
several township treasurers of the several townships of
this State; and for the purposes of the collection and re       turn of all such taxes, and the return of property delin       quent for the non-payment of taxes, the said treasurer, on
giving the bonds or surety so required, shall possess all
the powers, and perform all the duties, of the several town       ship treasurers of this State, as prescribed by law, and
shall also perform such other duties, respecting the collec       tion and return of taxes, as this act imposes.
Tax rols    Sec. 96. The aldermen acting as the supervisors of the
several wards of said city, shall complete the several tax
rolls of their respective wards, and deliver'he same, with
his warrant thereto attached, to the city treasurer, within
the time prescribed by law for the completion and deliv        ery of the township tax rolls to the respective township
Pronio.  treasurers of this State:  Provided, Security has been
given by such treasurer, as required by law, or in this
act provided; but if such security shall not have been
given by such treasurer, in the manner and within the time
required, the common council shall immediately appoint
some suitable person, who will give the requisite securi        ty, to collect such tax rolls; and the person so appointed
shall thereupon be entitled to receive said tax rolls, and
shall collect and pay over such taxes, and make return of
his doings thereon, in the same manner, and shall have all
the powers, and shall perform all the duties, and shall be
subject to all the same liabilities, in this act conferred
upon the treasurer, for the purpose of the collection and
return and paying over such taxes.
Perc tage. Sec. 97. For the collection of all such taxes, the treasurer,
or other person appointed to collect the same, shall be enti        tled to receive such percentage as shall be prescribed by
the common council by ordinance, not exceeding two per
cent. upon the sum to be collected; which sum shall be
32 
CITY OF LANSING.
added in the computation of taxes on said tax rolls of the
respective wards of said city.
Sec. 98. Each of the aldermen acting as the supervisors Asseoment
of said city, shall, in each and every year, make and complete the assessment of all the real and personal property
within their respective wards in the same manner, and
within the same time as required by law for the assessment
of property in the several townships of this State, and in so
doing, shall conform to the provisions of law governing
the action of the supervisors of the several townships of
this State, performing like services, and in all other respects, within their respective wards, shall, unless when
otherwise in this act provided, conform to the provisions of
law governing the action of supervisors in the several
townships of this State, in the assessment of property, and
the levying of taxes; and the issuing of warrants for the
collection and return thereof, and shall, also, in each year,
within thirrty days after the time required by law for completing the assessment rolls in the several townships of
this State, make, and file with the city clerk of said city,
a true and certified copy of the assessment roll of their
respective wards for such year; and such city clerk shall
receive and file the same in his office.
Sec. 99. For the more effectual assessment and collectionState lands
q taxes upon such State lands, whether primary school,
State building lands, or otherwise, lying within the limits
of the said city, as shall have been or shall hereafter be
sold by the State, upon which the purchase money has not
been all paid and the title to which shall still remain in
the State, it shall be the duty of the city clerk, at least
ten days before the time prescribed by law for completing
the assessment rolls, to apply to the Commissioner of the
State Land Office; and it shall be the duty of the said
Commissioner, on such application, to make out and deliv er to the said clerk, a correct list and description of all
such State lands, within the limits of the said city, which
83
3 
CHARTER OF THE
list shall be filed by the said clerk, and kept in his office,
for the use of the several aldermen acting as supervisors
in the several wards of said city; and so much thereof as
shall be situated in any of the wards of the said city, shall
be enrolled in a seperate part of the assessment roll of
such ward, under the title of "State lands," and if occu        pied, shall be assessed to the occupant or occupants there        of, but if not occupied, shall be assessed as non-resident.
Council to   Sec. 100. It shall be the duty of the common council of
estimate annual taxes. said city, on or before the last Saturday preceding the first
day of October in each year, to determine by resolution
the amount necessary to be raised by tax for city purpos        es within said city for such year; and it shall be the duty
of the several aldermen, acting as supervisors in the sev        eral wards of said city to meet at the office of the city
clerk on the first Monday after the board of supervisors
of said county of Ingham shall have completed the equal        ization of the valuation of the property in the said city
and the townships of said county for such year, and
shall then and there, or as soon as may be thereafter, ap        portion the amount so to be raised for city taxes among
the several wards of said city according to the valuation of
the property appearing upon the assessment rolls of said
several wards for such year; as equalized by the board of
supervisors for such year; which apportionment shall be
entered at large by the city clerk upon the records kept
by him of the doings of the common council; and it is
hereby made the duty of each of the aldermen, acting as
the supervisors of the several wards of the said city, to levy
the sum so apportioned to his respective ward, and such
other taxes as may be required by law, upon the taxable
property of such ward in the same manner as taxes for
township purposes are required by law to be —levied by
the supervisors of the townships of this State.
Loe~im.t-   Sec. 101. All sums of money raised for local inmproveprovements
iwdi.fferent imets in the several wards, shall be levied and assessed
34 
CITY OF LANSING.
upon the taxable property of the ward for which such
sums were raised in addition to the general tax; and the
same shall be collected by the treasurer and expended by
the city marshal, under the direction of the common council, for the local improvements in such ward for which it
was so raised.
Sec. 102. The taxes so levied for city purposes shall be Tox-esto be
a lien.
and remain a lien upon the property on which the same
was levied in the same cases, to th~ same extent, and in
like manner as taxes required by law-to be levied on property in the several townships of this State are liens upon
such property, and all provisions of law respecting the return and sale of property for the non-payment of taxes for
State, county and township purposes, shall apply to the
return and sale of property for the non-payment of such
city taxes, except as herein otherwise provided.
Sec. 103. The net proceeds of the sales of all property Sae of pro
perty for
delinquent for non-payment of city taxes, shall be paid to taxes.
the treasurer of said city by the treasurer of the county
of Ingham, whenever required by the city treasurer,
and the net proceeds of all sums paid to the treasurer of
the county of Ingham, before sale on account of property within said city returned delinquent for non-payment
of city taxes, shall in like manner be paid to said city
treasurer.
Sec. 104. It shall be the duty of the Auditor General, state lands
on receipt by him of the return of the treasurer of the
county of Ingham of lands in said county delinquent for
the non-payment of taxes assessed thereon, to cause to be
credited to the said city of Lansing all city taxes remaining unpaid upon so much of the property in said city so
returned as shall have been assessed as ".State lands," as
provided in section ninety-nine of this act, and within ten
days after such return shall have been made to him, to
cause to be made out, certified and delivered to the Commissioner of the State Land Office, a correct list of all such
95 
CHARTER OF THE
State lands, together with the taxes assessed thereon so
returned to him as aforesaid; and the net proceeds of all
such city taxes so credited to said city as in this section
provided, shall be paid to the treasurer of said city by the
State Treasurer whenever required by the city treasurer.
State lands. Sec. 105. It shall be the duty of the said Commissioner
of the State Land Office, on receipt of such list, as pro        vided in the last preceding section, forthwith to charge to
each description of land contained in such list, the taxes
appearing thereby to have been assessed therein; and
thereupon such taxes, together with the interest thereon
at the rate of fifteen per cent. per annum from the first
day of February next preceding, shall remain and continue
a charge and lien upon the interests of the respective pur        chasers of such lands, to the same extent, and shall be en        forced and collected in the same manner in every respect
as now is or shall hereafter be provided by law for the
enforcement and collection of the interest upon the balance
of purchase money remaining unpaid upon such lands.
Oemeteries. Sec. 106. For the purchase and improvement of a city
cemetery or cemeteries, the common council may borrow
on the faith of the city, a sum not exceeding three thou        sand dollars, for a term not exceeding twenty years, at a
rate of interest not exceeding seven per cent. per annum,
payable annually, and for that purpose may issue the bonds
of the city, signed by the mayor and clerk, and countersign        ed by the auditor, and in such form and in such sums (not
exceeding in the aggregate the said sum of three thousand
dollars,) as the said common council shall direct, and such
bonds shall be disposed of under the direction of the com        mon council of said city, upon such terms as they shall
deem advisable, but not less than their par value, and the
avails shall be applied in the purchase and improvement
of a city cemetery or cemeteries, and the necessary appur        tenances, and for no other purpose whatsoever.
hnt,      Sec. 107. It shall not be lawful for the common council
86 
CITY OF LANSING.
(except as herein otherwise provided,) to borrow any
money or authorize the creation of any liability or indebtedness against said city in any one year exceeding in the
aggregate the amount which by this act act may be raised
by tax for such year, and in case any sum or sums of
money shall be boriuwed by said commion council in any
one year, or the s,aid common council, or aniy  officer
thereof, shall enter into any contract or contracts for the
payment of money binding upon said city, tIe se s shall
be paid out of thie sums raised by tax for such year, if the
paymcn-t thLereor' is not otheriwise provided, and all sums
of money borrowed by said city shall be applied to the
purposes for which the same was borrowved, and for no
other purpose whatsoever, but nothing in this act contained shall be construed to prohibit said common council
from making assessments and levying and collecting taxes
for the purpose of local improvements.
Sec. 108. All sums of money directed to be raised byWhat prop                                                        erty shal b,e
the common  council, except as in this act otherwise pro -sesd.
vided, shall be assessed upon all the real and personal estate in the said city, according to the valuation
of the same as from the valuation thereof by the last
preceding assessment roll filed in the office of the city
clerk; but no real or personal property which shall be
exempt from taxation by the general laws of this State,
nor any public square, park, or other public ground, shall
be assessed for the ordinary city or county taxes.
Sec. 109. Whenever by the provisions of this act theIrinkingfand
common council shall be authorized to issue city bonds for
the payment of any sum or sums of money, the said common council shall thereupon have the power to create a
sinking fund for the payment of the interest as it falls due
and the extinguishment of the principal at the expiration
of the time limited for the payment thereof, which fund
shall be raised by a direct tax, which shall not exceed in
anyoneyear one mill on the dollar on the valuation of the
37 
CHARTER OF THE
real and personal property within said city, and which
shall be levied and collected in the same manner as the
ordinary city taxes of said city are levied and collected,
and when so collected the same shall be applied to the
credit of said sinking fund, for the purpose of paying off
the principal and interest of the debt so created, as the
same becomes due.
Approprr    Sec. 110. No money shall be drawn from the city treas       ury unless it shall have been previously appropriated to
the purpose for which it shall have been drawn; and all
ordinances, resolutions, and orders directing the payment
of money, shall specify the object and purposes of such
payment, which shall be certified by the clerk, and coun       tersigned by the auditor, before the same shall be paid by
the treasurer.
rmanee    Sec. 111. The Treasurer shall, at the first regular meet        ing of the common council in each month, make report of
the finances of said city, showing what appropriations and
payments have been made out of each of the several
funds of said city since his last preceding report, and of
the state of each of said funds.
Highways.   Sec. 112. The common council of the city of Lansing
shall have full power to lay out, establish, open, extend,
widen, straighten, alter, close, fill in or grade, vacate or
abolish any highways, streets, avenues, lanes, alleys, public
grounds or spaces in said city, whenever they shall deem
it a necessary public improvement, and private property
may be taken therefor; but the necessity for using such
property, the just compensation to be made for the same
and the damages arising to any person from the making of
said improvements, shall be ascertained by a jury of twelve
freeholders residing in said city.
Improve.    Sec. 113. Whenever the common council shall deem any
ments.
such improvements necessary, they shall so declare by
resolution, which shall be drawn by the attorney of the
corporation, and in said resolution shall describe the con
38 
CITY OF LANSING.
templated improvement; and if they intend to take
private property therefor, they shall declare such inten tion, and describe such property in said resolution, with
particularity sufficient for an ordinary conveyance thereof,
and further 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 for such improvement, to ascertain
the just damages and compensation which any person may
be entitled to, if such intended improvement be made,
and to apportion and assess such damages and compensa tion to and upon all lots, premises and subdivisions thereof,
which will be benefitted by such improvement, and the
time to be named for applying to said court shall be on a
day  subsequent  to the required  publication of said
resolution.
Sec. 114. The common council shall give notice of the Notice tobe
given.,
intended improvement, and of the intended application to
said court, by causing a copy of said resolution, certified
by the clerk of the city, to be published for four successive
weeks in some newspaper published in said city; and the
city marshal shall also give notice of said resolution by
delivering a notice thereof, with a copy of the same an nexed; to the owner or owners of any private property in tended to be taken, if they can be found in said city, which
notice shall be directed to them; or, if they cannot be
found in said city, by leaving the same at their place of
residence in said city, with some person of proper age; if
they or their place of residence cw.un.t be found, and such
property be occupied, said notice and copy of said resolu tion shall be served by delivering the same to the occu pant or occupants, or by leaving the same at their place
of residence within said city, with some person of proper
age; but if the owner or owners of such property, or their
place of residence cannot be found, and it be not occupied,
39
A, 
CHARTER OF THE
or, if it be occupied, but they, their place of residence,
and that of the occupant or occupants cannot be found, or,
if the owner or owners, occupant or occupants, cannot be
found, OiL if the owner or owners, occupant or occupants,
be unknown, or nonr-sidents of said city, then, in either
of such cases, not,ice of said resolutio,n m,2y be given by
posting the same, with a copy of said resolution, in so)me
conspicuous place upon the property intended to be taken;
the marshal shall give notice of said resolution, as above
directed, and make return of his doings, and of the manner
of giving said notice, as soon as practicable after the pas
sage thereof; which return shall be made to the said court
at least six days before the day appointed in said resolu       tion for the hearing of said application, and all persons in       terested therein, after notice given in the manner aforesaid,
shall take notice of, and be bound by, all subsequent pro        ceedings without any further notices except as herein
otherwise provided.
Caty attor-   Sec. 115. The clerk of said city shall deliver to the atney to appear for the torney of the corporation, a certified copy of said resolu        tion of the common council, whose duty it shall be to ap        pear in said court, and make the application therein
referred to, and conduct all further proceedings thereon in
behalf of the common council
Jul,ors.  Sec. 116. Upon the day designated in said resolution, or
on some other day to be appointed by the court, and on
filing a copy of said resolution and an affida,vit showing the
required publication thereof, the marshal shall attend salid
court, and write down the names of twenty-four disirter        ested freeholders residing in said city, and Who shall be
approved by the court as such disinterested  freehol4d,rs
and residents, and qualified to se,rve.
I,        Sec. 117. Said court shall thenr issue a sunnmois, c(mor
manding the marshal to summons said twenty-four per        sons to be and appear in said court to serve as jurirs.
on some day to be named therein, which shall not be less
40 
CITY OF LANSING.
than seven days after the issuing thereof; the marshal
shall serve such summons at least three days before the
return day thereof, and make return ill the same manner
as in the case of an ordinary venire for jurors for said
court; and the persons thus summoned shall be bound to
attend said court, and serve until discharged; anid,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 jurors in the circuit court may be exempted or excused.
Sec. 118. The names of the jurors in attendance, andJuo-.
who do not claim to be exempted or excused from serving,
shall then be written by the clerk of the court onl separate
slips of paper of equal size and appearance, as near as
practicable, and be deposited by him in a box having a lid
or cover; he shall then shake said box so as to thoroughly
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.
Sec. 119. If, in consequence of jurors being exempted, Ib.
excused or set aside, there shall not be in the box any slips
or ballots, or not a sufficient number of ballots from which
to draw the jury, the marshal shall forthwith, under the
order of the court, summons such number of persons as
the court shall deem necessary, and may order them 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 competent to form the
jury in the same manner, and to the same effect, as those
first summoned.
Sec. 120. The first twelve persons who shall appear as ilb.
their names are drawn and called by the clerk, or who are
called by him when all the ballots have been drawn from
the jury-box, and shall be approved by the court as quali
41 
CHARTER OF THE
fled, shall be the jury, and shall be sworn to discharge the
duties imposed on them by this title, faithfully, impartially,
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 of the
resolution of the common council as filed in said court,
certified by the clerk thereof.
urors.   Sec. 121. Each of said jurors shall go to the place of the
intended improvement, and upon or as near as practicable
to any property intended to be taken and described in said
resolution, or as the case may be, which will be damaged
or benefitted if the intended improvement be made.
To ascertain Sec. 122. Said jury shall then ascertain the necessity for
damages, &oc
damages, & using the property intended to be taken, if it be intended
to take any for such improvement, the just damages and
compensation to be paid to the owner or owners of any
property intended to be taken for, or that may be damaged
by the intended improvement, and award to the owner or
owners thereof, such damages and compensation as they
shall deem just.  If such property shall be subject to a
valid mortgage, lease, lien, levy or agreement, or to either,
then said jury shall apportion and award to the owner or
owners of such property, the parties in interest to such
mortgage, lease, lien, levy or agreement, or to either of
them, such portion of the damage and compensation as
they shall deem just.
l.        Sec. 123. Said jury shall apportion and assess the total
damages and compensation to be paid in any case to and
upon all lots of land, premises or subdivisions thereof,
which will be benefitted if the intended improvement be
made, apportioning and assessing to and upon each, such
portion of said total damages and compensation as they
shall deem just: Provided however, That if the total dam        ages and compensation to be awarded to any person or
persons as above, shall exceed the total benefits to be ap        portioned to and assessed upon any property for the bene
42 
OTCITY OF LANSING.
fit such property will receive, then such excess shall be
apportioned and assessed to the c.ity of La-nsing.
Sec. 124. Said jury shall then rb-{,e, in writing, and each Report.
shall sign, a report to said coirt of their dings, enclose
the same in a Sealed envelo,pe, and file it in said court,
within thirty days after they were sworn.
Sec. 125. Said jury shall state in their report the justib.
damages and compensation ascertained and awarded by
them to the owner of any private property, or to any
person claiming an interest therein by virtue of any mortgage, lease lien, levy or agreement, or either, to which
such property may be subject, together with the name of
such owner or claimant, if known, and a description of the
property intended to be taken.  In case any damage and
compensation be awarded to any person claiming an interest in such property by virtue of any valid mortgage, lease,
lien, levy or agreement, or either, to which such property
may be subject, it shall be sufficient to state further, in
such case, the name of such interested party, the date of
such mortgage, lease, lien, levy or agreement or assignment thereof, if there be any, by virtue of which such interested party has an interest in the property intended   to
be taken.
Sec. 126. Said jury shall also state in their repo, i-:,,:: lb.
portions in amount of the total ascertained d     g.a;,:]
compensation they have apportio,ned to and assessed upon
any lot, premises or subdivision thereof, which will be
benefitted by the intended improvement, together with,
the names of the owners thereof, if known, and a desccription of the same, anrd also what portion, if  m  of the ascertained damages and compensa?,'n they ha-ve apportioned and assessed to the city of T,',isiDt in the case above
provided for.
Sec. 127. Said report may be,confirmed by said court at courtmay
co.nfirm theany time when said court may be regularly in session; report.
and the said court shall appoint some day when it will
43'. 
CHARTER OF THE
consider said report, and objections against the confirma        tion thereof on the part of all persons interested therein,
whereof the city attorney shall give notice by publishing
the same is some newspaper published in said city for one
week, and he shall file in said court an affidavit of such
publication before the time appointed for considering said
report; said objection shall be filed with the clerk, in
writing, but may be argued, and the consideration of said
report and objectitons may be adjourned from time to time
until said report be confirmed or otherwise disposed of, as
herein provided.
Report notL  Sec. 128. Said report shall not be annulled for objections
to be annu!ter toffor mt- as to matters of form; all objections shall be objections of
ter of form.
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 enquired into, if
objected to as being excessively large or small.
objecton.   Sec. 129. If no objections be filed, said report shall be
confirmed; but if objections be filed, said court, after con        sidering the same, and after argument thereon, shall, in its
discretion, confirm or annul said report, or may refer it
back to the same jury, for the purpose of reviewing all
matters and correcting all errors therein contained, and
making any alterations thereof which said court may di        rect, or said jury may deem just or necessary; and thereon
said jury shall review, correct or alter said report, in man        ner aforesaid, and shall return and file the same with said
court, within five days after said report was referred back
to them as aforesaid, and thereupon said court shall con.
firm or annul said report.
when,new  Sec. 130. If said report be annulled, or the jury cannot
j ury mey be
4a@d.   agree, or from death, sickness, or any other cause, shall
fail to make a report within the thirty days required
above, the court may, on the application of the attorney,
designate some day when another jury may be had, and
44 
CITY OF LANSING.
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, after the first jury is sworn.
Sec. 131. If any juror, after being sworn, shall die, or v&caneio.
from sickness be unable to discharge his duties, the court
may appoint another person to serve in his place, who
shall be sworn, and shall have the like qualifications, powers and duties as those already sworn.
Sec. 132. Any person to whom damages and compensa-Appea.
tion may be awarded for any of his property intended to
be taken, or on account of the intended improvement, or
to and upon whose prope(rty any portion of such damages
and compensation 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
the said recorder's court a notice of such appeal and specification of the errors complained of, within five days after
the confirmation, and serving within the same time a copy
of said notice and specification of errors on the attorney
of the corporation, and filing a bond in said recorder's
court, to be approved by the recorder, conditioned for the
prosecution of said appeal, and the payment of all costs
that may be awarded against the appellant, in case the
judgment of the recorder's court  be affirmed.
Sec. 133. In case of appeal as above, it shall be the duty lb.
of the clerk of the recorder's court forthwith, or as soon
as practicable, to transmit to the supreme court a certified copy of all the proceedings in the case, which may be
filed in the office of any clerk of said court.
Sec. 134. The supreme court, at any term thereof, shall, lb.
with the least practicable delay, hear and try the matter of
said appeal, and may affirm or reverse the judgment of the
45 
CHARTER 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 ap        pellant or appellants. The court shall give judgment for
reasonable costs and expenses in the matter of said appeal
and proceedings thereon to be taxed, and all costs and
expenses awarded to the city of Lansing, in case of affir        mation, shall be applied on and deducted from the dama        ges and compensation, if any, to be paid to the appel        lant or appellants.
Sec. 135. If there be a reversal for any errors which it
is practicable for the recorder's court or said jury to
correct, with due regard to the public interest and rights
of individuals, the proceedings shall be remanded to said
recorder's court, with direction that such errors be cor        rected. Said recorder'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 recorder's court with        out any further right of appeal.
~ccaeedigs  Sec. 136. In case of every annulment of the report of
or ennulmesntal the jury by the recorder's court, or reversal by the suor reversal
preme court, the common council, ill behalf of said city,
may, by resolution, elect to pay the damages and compen        sation claimed by, or the assessment made upon the pro        perty of the objector, appellant or appellants, on filing a
certified copy of said resolution in the said recorder's
court, within twenty days after the annulment or rever        sal, the report of said jury shall be reviewed and confirm        ed by said recorder's court, as to all persons interested
therein, except the objector, appellant 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, ex        cept in a case of reversal, when the proceedings may
have been remanded to the recorder's court, for the cor
,46 
CITY OF LANSING.
rection of certain errors, in which case such errors shall
be corrected, and the report of the jury confirmed, as
above provided.
Sec. 137. If the report of the jury be confirmed by the eo  tni.
when fial.
recorder'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 damages and compensation apportioned to and assessed upon
any lot of land, premises or subdivision thereof, according
to said report, as confirmed, shall be a lien thereon from
the time of the aforesaid confirmation, until they are
paid and satisfied.
Sec. 138. When the report of the jury shall have been Certiod
thus finally confirmed, or the judgmnent of confirmation pytobeled
affirmed by the supreme court, the clerk 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 shall file said certified copy in the office of
the clerk of the city, who shall record the same in a book
to be provided, used and known as a book of street records. Such certified copy, record, or a like such copy made
and certified by the clerk of the recorder's court, shall, in
all courts and places, be presumptive evidence of the
matters therein contained, and of the regularity of all
proceedings, from the commencement thereof to the order
of the court confirming the report of the jury.
Sec. 139. The amounts apportioned to and assessed upon Warrant to
be issued,
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 confirmatioLn ot the report of the
jury as above provided, or in case the judgment of confirmation be affirmede  by the supreme court, and warrant or
warrants authorizing the collection thereof shall be issued
as soon as practicable, under tlie hand of the mayor and
.47 
CHARTER OF THE
the corporate seal of the city, directed to the treasurer
thereof, and in the collection of such assessments the said
treasurer shall proceed in the same manner, and shall levy,
collect, make return to the city clerk of the sums remain       ing uncollected, with a description of the lots premises or
subdivisions, or parts or portions thereof, upon which such
tax was assessed, and which remains unpaid as aforesaid,
and the city clerk shall report the same to the alderman
acting as the supervisor, or the aldermen acting as the su       pervisors of the ward, or of the' several wards within
which said premises are situated, and the said alderman
acting as supervisor shall assess the same upon his assess       ment and tax roll upon such premises,  and the same
shall be thereupon collected and returned, and the same
proceedings had for the collection and return thereof, and
for the sale of such premises for the non-payment of such
assessment and the charges accruing thereon, as is pro        vided by this act in the case of the collection of assess        ments made for public improvemecnts in said city.
Damages    Sec. 140. Within three months after the confirmation of
and compensation. the report of the jury, or after the judgment of confirma        tion shall, on appeal, be affirmed, the common council shall
pay or tender to the respective persons the several
amounts of damages and compensation 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 person shall refuse the same, be un        known, or a non-resident of said city, or for any reason in        capacitated from receiving his or her amount, or the right
thereto be disputed or doubtful, the common council may
deposit the amount awarded in such case, or elected to be
paid 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 or persons com        petent and entitled to receive it, and the treasurer shall
take receipt and voucher therefor.
48 
OIrY OF LANSING.
Sec. 141. Upon such payment, tender or deposit in theco-a, y
then take
city treasury, the fee and ownership of the land and prop- Posketon
erty to be taken, with its appurtenances, shall be fully
vested in the said city and the common council may enter
upon and take possession of and convert the same to the
uses and purposes for which it has been taken. A certi  ficate of the city treasurer of such tender, payment or de  posit, or record thereof in the books 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
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.
Sec. 142. In all cases where any real estate, subject to Leases to be
discharged.
any lease or agreement, shall be taken as aforesaid, all dchged.
the covenants and stipulations contained therein shall
cease, determine, and be discharged, upon the final confir mation 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 taken, said covenants
and stipulations shall cease, determine and be discharged,
only as to such part; and the 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 par  ties in interest may appoint three disinterested residents
and freeholders of said city, commissioners to determine
the rents and payments to be thereafter paid, and the cov  enants, stipulations, or conditions thereafter to be per  formed under the lease or agreement, in respect to the
residue or part of such real estate not taken. Said com  missioners shall, before entering on their- duties, take and
subscribe an oath, to be administered by the court, faith  fully to discharge their duties, which oath shall be filed in
said court. Said three commissioners shall make and sign
a report, in writing, of their doings to said court, which
4
49 
CHARTER OF THE
shall be filed therein within thirty days after their ap       pointment; and said report, on being confirmed by the
court, shall be binding and conclusive on the parties in in       terest to such lease or agreement, and the fees and expen       ses of proceedings under this section shall be borne in
whole or in part by the parties to such lease or agreement
or either of them, or by the city, in the discretion of the
common council.
Constbales   Sec. 143. The duties above to be performed by the marto act in the
iarsh.ofl shal of said city, in case of the inability of such marshal,
whether by absence, sickness, or interest in the subject
matter of the proceedings, may be performed by either of
the constables of said city.
compens-   Sec. 144. The common council shall pay said jury such
tion of j ury. 
nf jucompensation for their services as they may deem just, and
they shall have power to abandon or discontinue proceed       ings under this chapter in said court, at any time before
the final confirmation of the report of the jury.
,omriion-  Sec. 145. The common council shall be commissioners
Oro of highws.aye   of highways for said city, and shall have the care and
supervision of the highways, streets, bridges, lanes, al        leys, parks and public grounds therein not belonging
to or occupied by the State; and it shall be their duty
to give directions for the repairing, preserving, improv        ing, cleansing and securing of such highways, bridges,
lanes, alleys, parks and public grounds, and to cause the
same to be repaired, cleansed, improved and secured, from
time to time, as may be necessary; to regulate the roads,
streets, highways, lanes, parks and alleys already laid out,
or which may hereafter be laid out, and to alter such of
them as they shall deem inconvenient, subject to the re        strictions contained in this title; to cause such of the
streets and highways in said city as shall have been used
for six years or more as public highways and streets, and
which are not sufficiently described, or have not been duly
recorded, to be ascertained, described, and recorded i
50 
OITY OF LANSING.
the office of the city clerk of said city, in the book of
street records; and the recording of such highways,
streets, lanes, alleys or public grounds, so ascertained and
described, or which shall hereafter be laid out and established by the said common council, and recorded in the
book of street records, in the office of the clerk, by order
of the common council, shall be presumptive evidence of
the existence of such highway, street, lane, alley, or public ground therein described; to divide said city from time
to time, into so many highway districts as they shall deem
expedient, by an ordinance or resolution, entered in their
minutes; to appoint and assign to each of such districts
so many inspectors of streets as they shall from time to
time deem proper, and such inspectors shall in all cases,
when required by the common council, give such securities as said council shall require, for the faithful performance of their duties; and the council may assign to such
inspectors such duties in relation to the opening, laying
out, making, repairing and preserving the streets, highways, lanes, alleys, parks, squares and public grounds of
said city, as they may deem expedient; and the said inspectors shall possess all the powers, and be subject to all
the liabilities, of overseers of highways in the several
townships of the State, so far as the same may be applicable to said city under the provisions of this act.
Sec. 146. The common council shall have power to cause s,wers,*.
common sewers, drains and vaults, arches and bridges,
wells, pumps and reservoirs to be built in any part of said
city; to cause the grading, raising, leveling, repairing,
amending, paving or covering with broken or pounded
stone, plank or other material, any street, lane, alley, highway, public ground orsie-walk of said city.
Sec. 147. The common council shall have the same mconti,u.
power in relation to discontinuing any street, highway, lane ing street
or alley, in said city, which the commissioners of highways
in townships have or may hereafter receive in relation to
51 
OHARTER OF THE
town highways, and they may adopt the same proceedings
to effect such object as near as may be as the commis       sioners of highways in townships are or may be by law
required to adopt, and appeals may be taken to the circuit
court for the county of Ingham in like manner, as far
as practicable, as appeals are now or may hereafter by
law be taken from the decisions of highway commissioners
in townships, and the said circuit court is hereby author       ized and empowered to hear and determine appeals.
Seigment  Sec. 148. Whenever the common council shall determine
to defray exP oUblef. that the whole or any part of the expense of any public
protement improvement not requiring the taking of any land by
said city, shall be defrayed by an assessment on the own       ers or occupants of houses and lands to be benefitted
thereby, they shall declare the same by an entry in their
minutes, and after ascertaining, as they may think proper,
the estimated expense of such improvement, they shall
declare by an entry in their minutes whether the whole or
what portion thereof shall be assessed to such owners and
occupants, specifying the sum to be assessed, and the
portion of the city which they deem to be benefitted by
such improvement; the costs and the expenses of making the
estimates, plans and assessments incidental thereto, shall
be included in the estimated expenses of such improve        ment.
lb.       Sec. 149. The common council shall thereupon make an
order reciting the public improvement so as aforesaid
intended to be made, the amount of expense to be assessed
as aforesaid, and the portion or part of the city on which
the same is to be assessed, designating and direoting three
resident freeholders of said city, not interested in any of
the property so benefitted, nor of kin to any person inter        ested, to make an assessment upon all the owners and occu        pants of lands and houses within the portion or part so
designated, of the amount of expense in proportion as
nearly as may be to the advantage which each shall be
52 
CITY OF LANSING.
deemed to acquire by making of such improvements;
which order shall-be certified by the clerk of the city and
delivered to one of said commissioners, together with a
map or profile of the proposed improvement in cases
where the same is practicable.
Sec. 150. It shall be the duty of said commissioners, so otyo.
commissiontdesignated and appointed by the common council, to meet,r.
together at such time and place as the common council shall
appoint, orin case said council do not so appoint, as said commissioners shall themselves agree upon, and thereupon said
commissioners shall severally take and subscribe an oath
before some officer by law authorized to administer the
same, that they are not interested in the premises described in said order, and not of kin to any p)erson so
interested, and that they will faithfully and impartially
discharge the duty imposed upon them by said order,
which said oath shall forthwith be returned and filed with
the city clerk. In case any such commissioner shall not
be able to take such oath, the city clerk shall forthwith
return that fact to the common council, and the said
council shall thereupon appoint one or more commissioners not interested and not of kin, as aforesaid, to make
the number three, and proceed in liKe manner until three
commissioners are sworn, as aforesaid.
Sec. 151. The commissioners thus sworn shall proceedlb.
to make an assessment according to the said order, and
shall make out an assessment roll, in which shall be
entered the names of the persons assessed, the value of
the property for which they are assessed, the amount
assessed to each of them respectively, and in case any lots
or parts of lots shall be unoccupied, belonging to any
person residing in the said city, such person shall be
assessed for the same, and his name entered accordingly;
and in case such lots or parts of lots shall belong to a non-resident, or owner or owners unknown, the same shall be
entered accordingly, with a description of such lots or
5,3: 
CHARTER OF THE
premises, as is required by law in assessment rolls made
by supervisors of towns, with the value thereof and the
amount assessed thereon, which assessment shall be sub       scribed by them, or a majority of them, who acted in the
premises, and returned as speedily as may be to the
common council of the said city.
rompneas- Sec. 152. The said commissioners shall receive such
tion.
compensation for their services as shall be allowed them
by the common council, to be paid out of the contingent
fund of the said city, not exceeding two dollars per day for
each.
Publication Sec. 153. Upon such return being made and filed, the
clerk of the city shall cause notice of the names being
returned to his office to be published in a newspaper of
the said city for at least ten days, and that the common
council will, on such day as they shall appoint, proceed to
hear any appeals from the said assessment.
Council to Sec. 154. At the day appointed for that purpose, and
examine the
aesment such other days as the hearing shall be adjourned to, the
common council shall hear the allegations and proofs of all
persons who may complain of such assessment, and may
rectify and amend the said assessment list in whole or in
part, or may set the same aside and direct a new assess        ment, either by the same persons, or by such other persons
as the common council shall appoint for that purpose; and
in such case the same proceedings shall be had as are
are herein provided upon the first order of the assessment,
or the said common council may ratify and confirm such
assessment without any corrections, or with such correc        tions therein as they may think proper. -
when eon-   Sec. 155. Every assessment so ratified and confirmed
Armed asoetient toby the common council, as aforesaid, shall be final and
be 5hal.
conclusive, and the same shall remain and continue a lien
upon the premises assessed for such tax. Within ten days
aiter such assessment shall have been so ratified, the
mayor shall affix to such assessment and tax roll his war
54 
CITY OF LANSING.
rant for the collection thereof; which warrant shall direct
the treasurer to collect the same within the time prescribed by the resolution of the common council; and the
said assessment and tax roll, with the warrant of the
mayor annexed, shall be delivered to said treasurer, within
the ten days aforesaid, whoshall thereupon be authorized to
levy and collect the same by distress and sale of any personal
property upon such premises, or in possession of the person  chargeable  with  such tax;  and in Case sufficient
personal property cannot be found whereon to levy and
collect such tax, the treasurer shall within five days after
the time prescribed by his said warrant for the collection
thereof has expired, make a report to the city clerk of the
sums so remaining unpaid, which he was unable, for want
of such personal property, to levy and collect of the same,
together with the description of the premises assessed for
such unpaid taxes; and the city clerk, within five days
thereafter, shall in like manner notify the alderman acting
as the supervisor of the proper ward or wards within which
such premises are situate, of the amount of such taxes and
the description of the premises assessed and chargeable
with such tax, who shall assess such unpaid taxes on such
premises in the tax roll of such ward next thereafter to
be made, and such tax shall then be levied, collected and
returned, and the said premises may be sold or forfeited
for non-payment thereof, as provided by law for the nonpayment of the ordinary city taxes.
Sec. 156. In cases where there is no agreement to the Owners to
contrary, the owner or landlord, and not the occupant or
tenant, shall be deemed in law the person who ought to
bear and pay every such assessment, made for the expense
of any public improvement in the said city.
Sec. 157. Where any such assessment shall be made Recoover7.
upon or paid by any person, when by agreement or by law
the same ought to be borne or paid by any other person, it
shall be lawful for the one so paying to sue for and recover
55 
CHARTER OF THE
of the person bound to pay the same the amount so paid,
with interest.
Agreement   Sec. 158. Nothing herein contained shall impair, or in
not to be
impaired. any way affect, any agreement between any landlord and
tenant, or other persons, respecting the payment of any
such assessments.
F —estod be  Sec. 159. If, upon completion of any such improvement,
refunded.
for which such assessment shall have been made, it shall
appear that a greater amount has been assessed and col        lected than is necessary to defray the expenses thereof,
the common council shall apportion such excess among the
persons and property assessed, in proportion to the amount
collected of them, and shall pay the same to such persons,
and the owner of such property entitled thereto, on
demand.
Rea~-ae   Sec. 160. If it shall appear that a greater sum of money
meent, when
made. has been expended, in the completion of such improve        ment, than was estimated as aforesaid, the common council
may direct the assessment of the same on the owners and
occupants of houses and lands benefitted by such improve        ments, in the same manner as herein above directed, and
the same proceedings, in all respects, shall be had thereon,
and the common council may enlarge the territory to be
assessed for such improvements.
Assee,ents  Sec. 161. Every tax or assessment for public improveto be~a l~en.
ments, or for other purposes, authorized by this act, except
as herein otherwise provided, assessed upon any lands,
tenements, or real estate, or upon the owners or occupants
thereof, shall be and remain a lien upon such lands, tene        ments and real estate, on which, or in respect-to which,
the same shall be made, from the time of filing the roll
containing the same with the city clerk, until the same
shall be paid or satisfied.
idewalk,   Sec. 162. Whenever the common council shall deem it
levinlg, &c.
vg, &. expedient to construct any side-walk or pavement, or
plank any street within the said city, they may, by ordi
56 
CITY OF LANSING.
nance or otherwise, require the owner or occupant of any
lot or house adjoining such street to lay such side-walk,
or construct such pavement, or plank such street, to the
middle of the said street, in front of his or her lot or house;
or they may direct such side-walks and pavements, and
such streets, to be planked, to be made according to the
provisions of this act. The common council may, in like
manner, by ordinance or otherwise, under such penalty or
penalties as they may prescribe, require the owners and
occupants, or either, of land in said city, or in any specified part thereof, to repair, maintain and re-construct sidewalks, pavements and street improvements adjoining their
respective premises, to the middle of the street or alley,
in such manner as the common council, by ordinance or
otherwise, may direct; the expense to which any occupant
or tenant may be thus subjected, may be collected by him
from the owner of the premises unless otherwise agreed
or unless such tenant or occupant be bound to bear such
expense by the terms or nature of the agreement under
which he holds the premises.
Sec. 163. Whenever the owner or occupant of any lot or Council ay
enforce reg.
house shall refuse or neglect, within such time as the com- ulations.
mon council shall have appointed, to conform to any regulation made by the said council for widening streets, or for
any other purpose, it shall be lawful for the said common
council to cause such regulations to be enforced at the expense of the city, and to recover the amount of such expenses with damages, at the rate of ten per cent., with
costs of suit, from the owner or occupant of such lot or
house, whose duty it was to conform to such regulation.
Sec. 164. The common council are authorized to assessNon-rol't
the lands of non-residents of said city their just proportion of the expenses of cleaning and repairing streets and
side-walks, and removing nuisances, and the said expenses
shall be assessed in the same manner, and the amount so
assessed shall be collected in the same manner, and the
57
11 
OCHARTER OF TEE
same proceedings shall be had in case of the non-payment
of the same, as in relation to the assessments for public
improvements in said city, except as the common council
may otherwise determine or direct. It shall in all cases
be the duty of the owner of every lot or parcel of land in
said city, to keep the side-walk adjoining his lot or piece
of land in good repair, and also to remove and clear away
all snow and ice and other obstructions from the side-walk.
If any owner, after notice so to do shall have been posted
on the premises, or otherwise given, served or published,
as the common council may direct by ordinance, resolution
or otherwise, shall fail or neglect so to do, for such time,
not less than twenty-four hours, as' the common council by
a general or special ordinance, resolution or otherwise may
fix, the common council may cause the same to be done at
the expense of the city, and may add such expense (not
exceeding ten dollars on any lot or piece of land in any
year) to the amount of the general city tax on such land,
in the next general assessment rolls of said city, and such
amount so added shall be a lien on the premises in the
same manner as the tax to which it is added, and may be
collected and enforced, and (if not paid or collected) the
land sold therefor, in the same manner as for general
city taxes.
HiEghway    Sec. 165. Every person owning or occupying land or
taxes.
tenements in the said city, and every male inhabitant
thereof over the age of twenty-one years and under the
age of fifty, except as hereinafter provided, residing in
said city, shall be assessed for highway taxes in said
city; and the lands and tenements of nonresidents sit       uated in said city shall be assessed for highway taxes
as hereinafter provided.
Aldermen Sec. 166. The alderman acting as supervisor of each
$,o furh
max.    ward of said city, shall, on or before the fifteenth of
May, in each year, furnish the common council with a list
58 
CITY OF LANSING.
subscribed by him, of the names of all the inhabitants of
his ward who are liable to be assessed for highway taxes.
Sec. 167. The common council shall, in the month Of TaxrolsMay in each year, make out from the assessment rolls in
said city a separate list and statement of the value of all
the taxable personal property, and a description of all lots
or parcels of land within each highway district in said
city, inserting in a separate part of said list, descriptions
of lands and tenements owned by non-residents of the city,
with the value of each lot or parcel set down opposite to
such description, as the same shall appear on the assessment rolls; and if such lot or tract was not separately described in such rolls, then in proportion to the valuation
which shall have been affixed to the whole tract of which
such lot or parcel forms a part.
Sec. 168. In making  the estimate and assessment of Estimas o
highway
highway taxes, the common council shall proceed as fol taxex.
lows:
First. Every male inhabitant in each ward, being ofM.1ea.
tweea, 21
the age of twenty-one and under fifty, except paupers, and 50.
idiots and lunatics, and other persons exempt by law
from taxation for highway purposes, shall be assessed
fifty cents;
Second. The residue of the highway taxes shall be as-Pvepr
,, *                  1   s    E ~~~~~~~~~~cent on balk
sessed, not exceeding ten cents upon every one hundred uation.
dollars of the valuation, shall be apportioned upon the
estate, real and personal, of every inhabitant in each highway district in said city, and upon each of the tracts or parcels of land in the respective highway districts of which
the owners are non-residents, as +he same shall appear from
the assessment roll;
Third. The common council shall affix to the name of each Fifty cent
to be addet
person named in the list furnished by the supervisors, and to list, blur
nished by
not assessed upon the assessment roll, and also to each alderme.
valuation of property within the several highway districts,
the amount of which such person or property shall be as
59 
CHARTER OF THE
sessed for highway taxes, adding fifty cents to the assess        ment of each person between the age of twenty-one and
fifty years, liable to such assessment upon the city assess        ment roll.
Lisetg to be Sec. 169. The said tax list shall be made in duplicates
filed.
and signed by the mayor, one of which shall be filed with
the city clerk, and the other shall be put into the hands of
the treasurer for collection, who shall, before receiving the
same, give such security as the common council may re        quire for the faithful discharge of his duties.
colection.   Sec. 170. Whenever the said tax list shall have been
delivered to the treasurer with the warrant of the supervisor
annexed for collection, he shall give like notice, and pro        ceed in like manner, as near as may be, to collect said tax,
as hereinbefore provided, for the collection of the ordinary
taxes of said city.
Taxes to be Sec. 171. The taxes assessed and collected in each ward
credited to
the everal shall be kept separate, and when collected the treasurer
wards
shall enter the respective amounts so paid in a book to be
kept by him for that purpose, to the credit of the ward
from which they were collected.
Highway    Sec. 172. The moneys so collected and paid into the
fand.
treasury, as aforesaid, shall constitute the highway fund
of said ward districts in said city, and shall be applied as
follows:
Street in-    First. The street inspectors of the several ward dis    ectors.  tricts, under the general supervision of the marshal, shall
at all times keep the streets, bridges, culverts and drains
allotted to them to oversee, in thorough repair and free
from obstructions; they shall report on oath- to the com        mon council, once in each month, which report shall con        tain an accurate statement of the amount of labor per        formed and the expense necessarily incurred for mate        rial, and the streets upon which the same was performed,
or expense incurred, and their charges for the same;
Report.   Second. The common council shall examine such report,
,60 
CITY OF LANSING.
and if satisfied of its correctness, and that the charges therein
made are just and reasonable, they shall accept it and or.
der it filed, but if they are satisfied that it is incorrect, or
that the charges therein are unreasonable, they shall alter
the same as they think proper, and shall allow such charges as they shall deem just and equitable; they shall then
let said report lay upon the table one week, and if not
withdrawn by the inspector, by filing a notice in writing
to that effect with the city clerk in that time, they shall
accept it and order it filed as corrected by them;
Third. When any such report is filed, the mayor shall M'Ily-rtordraw an order upon the highway fund of the district in der
which the repairs were made, to the amount of such charge
in said report, payable to said inspector, which order shall
be countersigned by the auditor, and upon presentment the
city treasurer shall pay from the funds of such district,
if there be any money in the treasury belonging to such
district, and enter the same to the debit of the fund of such
district, in a book to be kept by him for that purpose;
Fourt/i. No money belonging to one ward district shall be Money of
onie ward
applied in payment for repairs made in any other ward not to be
applied in
district.                                                 another.
Sec. 173. The books kept by the city treasurer in which Treasurers,
books.
the debts and credits of the highway funds are entered,
shall be open at all reasonable hours to the inspection of
members of the common council.
Sec. 174. The common council shall have full power to Sewer tax.
assess and collect of each individual using or being bonefitted by any public sewer or drain, as follows, to wit:
The sum of one dollar snd fifty cents annually for each
cellar drained, directly or indirectly by a drain, into any
public drain or sewer, which assessment shall be taken to
include all other drainage of the premises to which said
cellar especially belongs; and the sum of fifty cents annually for each lot or subdivision of lot, being without a cellar, drained as aforesaid into any public drain or sewer;
61 
CHARTER OF THE
and such sums as may be fixed by the common council for
all establishments requiring an unusual or extraordinary
amount of drainage, drained as aforesaid; which sums,
when collected, shall constitute the sewer fund, and shall
be expended exclusively for the repair and construction of
sewers, and the collection of the charges to individuals for
drainage in this section provided, shall be enforced in
such manner as the common council may by ordinance
direct.
be a lien. Sec. 175. When  any assessment  for public improve      ments, or for any local improvements, or expenses upon any
ward, district, street, lane, alley, public sewer, or other
improvement shall have been made, as in this act provi      ded, and the tax roll for the same shall have been deliver       ed to the treasurer for collection, the same shall be a lien
upon the premises upon which the same was assessed, and
the treasurer collecting such tax shall levy and collect the
same of any personal property found on the premises so
assessed, or in possession of that person chargeable with
such tax, and in case sufficient personal property shall not
be found, to levy and collect the same, the treasurer shall
make return to the city clerk of the sums so remaining un       collected by him, with a description of the lots or parcels
upon which such tax was assessed, and which remains un       paid, as aforesaid; and thereupon the city clerk shall re       port the same to the alderman acting as the supervisor, or
the aldermen acting as the supervisors of the several
wards within which such premises are situated, and there       upon the said alderman acting as the supervisor, shall as       sess the same upon his assessment and tax r611 upon such
premises, and the same shall be thereupon collected and
returned, and the same proceedings had for the collection
and return thereof, and for the sale or forfeiture of such
premises for the non-payment of such tax, as is provided
by law for the collection, return, and sale or forfeiture of
premises for non-payment of the ordinary city taxes.
62 
CITY OF LANSING.
Sec. 176. When the treasurer shall have levied upon leof;prop                                                         erty.
any personal property for the non-payment of any tax or
assessment, in this act provided, he shall proceed to advertise and sell the same, in the same manner and upon
like notice, as is required by law in the levy and sale of personal property for non-payment of taxes by township
treasurers.
Sec. 177. For the purpose of guarding against the ca-Fire mit.
lamities of fire the common council may from time to time
by ordinance designate such portions and parts of the said
city as they shall think proper, within which no buildings
of wood shall be erected; and may regulate and direct the
erection of buildings within such portions and parts and
the size and materials thereof, and the size of the chimneys therein; and every person who shall violate any such
ordinance or regulation shall forfeit to the city the sum of
one hundred dollars; and every building erected contrary
to such ordinance is hereby declared to be a common nuisance and may be abated and removed by such common
council.
Sec. 178. The common council may, by ordinance, re-Firereeta
quire the cwners and occupants of houses and other buildings to have scuttles on the roofs of such houses and buildings, and stairs or ladders leading to the same; and whenever any penalty shall have been recovered against the
owner or occupant of any house or other building for not
complying with such ordinance, the common council may
at the expiration of twenty days after such recovery, cause
such scuttles and stairs or ladders to be constructed, and may
recover the expense thereof, with ten per cent. in addition, of the owner or occupant whose duty it was to comply with such ordinance.
Sec, 179. The common council may by ordinance, re- Ib.
quire the inhabitants of the city to provide such and so
many fire buckets for each house or tenement therein, and
63 
CHARTER OF THE
within such time as they shall prescribe, and may require
such buckets to be produced at every fire. 
Fire regula.  Sec. 180. The common council may regulate and direct
the construction of safe deposits for ashes, and may com       pel the clearing of chimneys, flues, stovepipes, and all
other conductors of smoke, and upon the neglect of the
owner or occupant of any house, tenement, or building of
any description, having therein any chimneys, flues, stove       pipes or other conductors of smoke, to clean the same, as
shall have been directed by any ordinance, the common
council may cause the same to be cleansed, and may col       lect the expenses thereof, and ten per cent. in addition,
from the owner or occupant whose duty it was to have the
same cleanedlb.       Sec. 181. The common council may regulate the use of
lights and candles in livery stables and other buildings in
which combustible articles may be deposited, and may
prescribe the use of lanterns or safety lamps in such build       ings, and may regulate the transporting, keeping and de       posit of gunpowder or other dangerous or combustible
materials, and may prevent or regulate the carrying on of
manufactories dangerous in causing or promoting fires, and
may authorize and direct the removal of any hearth, fire       place, stovepipe, flue, chimney, or other conductor of
smoke, or any other apparatus or device in which any fire
may be used, or to which fire may be applied, that shall        be considered dangerous, and liable to cause and promote
fires, and generally may adopt such other regulations for
the prevention and suppression of fires, as they may deem
necessary.
Ex&minatil' Sec. 182. For the purpose of enforcing such regulations
of prees. the common council may authorize any of the officers of
the said city, and may appoint persons at all reasonable
times, to enter into and examine all dwelling houses,
buildings and tenements of every description, and all lots,
yards and enclosures, and to cause such as are dangerous,
64 
CTnY OF LANSING. 
to be put in safe condition; and,may authorize sulch officers and persons to inspect all hearths, fireplaces, stoves,
pipes. flues, chimneys or other conducrs  of smoke, or
any apparatus or device in which'e may be used, or to'
which fire may be applied, and remoye'and man-i'e the same
safe, at the expense of the ownergor occupants of the
buildings in which the same may be, aind to ascertain the
number and condition of the flre-bu'ckets, and the situation
of any building in respect to its-exposure to fire, and
whether scuttlies and ladders thereto'have been provided,
and generally with such powers and duties as the common
council shall deem necessary to guard the'city  from the
calamities of fire.
Sec. 183. The common council may procure, own, build, tFuisrar.P"
erect and keep in repair, such and so many fire engines,
with their hose and other app?aratus, engine houses, ladders, fire-hooks and fire-buckets, arld ot!oher iimplements and
conveniieneos for the extinguishlment    fires, and t prevent injuries by fire, and siuch abndt so,any public cisterns,
wells, reservoirs of water a's they I"o'-time to time shall
judge necessary.
Sec. 184. The common council shall have power  to or- Fir depart.
ganize said city into so many fire distrietsas they may
deem necessary, a(nd may organize arl maiin il  a fire department for said city, to consist of oneu clief engineer,
two assistant engineers, twice as many wardens as there are
wards in the said city, a proper numbOY of firemen, not exceeding fifty to each engine, such number of hoodand ladder
men, and such number of tub and hose men, as may be appointed by the said common  council; all to have privileges and exemptions of firemen, and to hold their appointment during the pleasure of the common council.
Sec. 185. The common council may make rules and reg- Itsgvorn.
m~ent.
ulations for the government of the said engineers, wardens, firemen, hook and ladder men, and tub and hose men;
and may prescribe their respective duties in case of fire or
5
'i
65 
CHARTER OF THIE
alarms of fire; may direct the dresses and badges of au        thority, to be worn by them; may prescribe and regulate
the time and miner of their exercise, and may impose
reasonable fines for the breach of any such regulations.
Its govern.  Sec. 186. The engineers and fire wardens, under the diment,
rection of the common council, shall have the custody and
general superintendence of the fire engines, engine houses,
hooks, ladders, hose, public cisterns, and other conivenien        oes for the extinguishment and prevention of fires, and it
shall be their duty to see that the same are kept in order,
and to see that the laws and ordinances relative to the
prevention and exting-qshment of fires, are duly executed
and to make detailed and particular reports of thie state
of their department, tnd of the conduct of the firemen,
hook and ladder men, tub and hose men, to the common
council, at stated periods, to be prescribed by the common
council, and to make such reports to the mayor, whenever
required by him; the certificate of the city clerk, that a
person is or has been a fireman, shall be evidence of the
facts in all courts and places, on proof of the genuineness
of such certificate.
Rn,gin. oD   Sec. 187. T:he comm,,n- cocouncil may, by ordinance, direct
bevlls,
the manner in which the bells of the city shall be tolled
or rung in cases of fire or alarms of fire, and may impose
penalties for ringing or tolling of such bells in such man        ner at any other time than during a fire or alarm of fire.
compensa   Sec. 188. The  common  council may provide suitable
*on.    compensation for any injury that any fireman, hook and
ladderman, or tub and hoseman, may receive, in his person
or property, in consequence of his exertions at any fire.
common    Sec. 189. The common council may, by ordinance:
council may
prescribe:   P iv-rt. Prescribe the duties and powers of the engineers
The duties
of firemen. and wardens at fires and in cases of alarms of fire, and may
vest in them such powers as shall be deemed necessary to
preserve property from being stolen, and to extinguish
and prevent fires;
ik
66 
CITY OF LANSING.
Second. Prescribe the powers and duties of the mayor Dties of
mayor and
and aldermen at such fires and in cases of alarm, but in no aldermen.
case shall the mayor or any alderman control or direct the
chief engineer or his assistants, during any fire;
T]tird. Provide for the removal and keeping away from RdiemodveAl of
disorderly
such fires of all idle, disorderly or suspicious persons, and perso
may confer powers for that purpose on the engineers, firewardens or officers of the city;
Fourth. Provideforcompellingpersonstobringtheirfire- Tihtied tyof
citizens at
buckets to any place of fire, and to aid in the extinguish- fires.
ment thereof by forming lines or ranks for the purpose of
carrying water, and by all proper means to aid in the preservation, removal and securing of property exposed to
danger by fire;
Fiifth. To compel the marsha], constables and watchmen The dutyof
, offioers.
of the city, to be present at such fires, and to perform such
duties as the said common council shall prescribe.
Sec. 190. Whenever any person shall refuse to obey any Refusa to
obey orders.
lawfuil order of any engineer, fire-warden, mayor or alderman, at any fire, it shall be lawful for the officer giving
such order, to arrest, or to direct orally any constable,
watchman, or any citizen, to arrest such person and confine
him temporarily in any safe place, until such fire shall be
extinguished, and in the same manner such officers, or any
of them, may arrest or direct the arrest and confinement
of any person at such fire, who shall be intoxicated or
disorderly.
Sec. 191. Whenever any building in said city shall be Buildings to
be torn
on fire, it shall be the duty, and be lawful for the chiefdown.
engineer, with the consent of the mayor, or any alderman,
or any two aldermen, to order and direct such building, or
any other building which they may deem hazardous, and
likely to communicate fire to other buildings, or any part
of such building, to be pulled down and destroyed, and no
action shall be maintained against any person or against
the said city therefor; but any person interested in any such
67 
CHARTER 01 THE
building so destroyed or injured, may, within three months
thereafter, apply to the common council to assess atd pay
the damages he has sustained. At the expiration of the
three months, if any such application shall have been made
in writing, the common council shall either pay to the said
claimant such sum as shall be agreed upon by them and
the said claimant for such damages, or if no such tagree       ment shall be effected, shall proceed to ascertain the
amount of such damages, and shall provide for the appraisal,
assessment, collection and payment of the same in the
same manner as is provided by this act, for the ascertain
ment, assessment, collection and payment of damages sus       tained by  the taking of lands for purposes  of public
improvement.
Assesment  Sec. 192. The commissioners appointed to appraise and
of damages]
assess the damages incurred by the said claimanit by the
pulling down or destruction of such building by the direc       tion of the said officers of the city, as above provided, shall
take into account the probability of the same having been
destroyed or injured by fire if it had not been so pulled
down and destroyed, and may report that no damage
should be equitably allowed to such claimant.  Whenever
a report shall be made and finally confirmed, in the said
proceedings for appraising and assessing the damages, a
compliance with the terms thereof by the common council
shall be deemed a full satisfaction of all said damages of
the said claimant.
Drectors of  Sec. 193. The directors of the poor elected in said city,
the poor.
as hereinbefore provided, shall be directors of the poor
of said city, and shall possess all the powers  and au       thority of directors of the poor of towns in this State, in
relation to the support and relief of indigent persons, the
binding out of children who shall solicit alms, or who, or
whose parents, shall become chargeable to the said city,
or to the county of Ingham, in said city; the safe keep       ing and care of lunatics; the care of habitual drunkards;
:4
68 
CITY OF LANSING.
the binding out and contracting for the service of disorderly persons; the support of bastards; and all such other
powers a s are conferred on directors of the poor in the respective towns, and shall be subject to the same duties,
obligations and liabilities.
Sec. 194. Until provisions shall otherwise be made asPoo.
hereinafter authorized, the indigent persons, and such
others as shall be entitled to relief under the laws of this
State, who are or shall become chargeable to the said city,
being in the said city, shall continue to be supported and
relieved in the manner provided by law in respect to the
county of Ingham.
Sec. 195. All money that shall be raised in the city by poor fumd,
licenses to grocers, tavern-keepers or common victualers,
and for penalties for the violation of any city ordinances
regulating the retailing of any spirituous liquors, shall be
paid into the city treasury, and shall belong to and constitute a part of the fund of the city for the support of the
poor therein, and shall be deposited- for safe keeping by
the treasurer as other moneys under his care; and accounts thereof shall be kept,'and the same shall be drawn,
in the manner hereinbefore prescribed in relation to the
funds of the city.
Sec. 196. The recorder shall have full power and au- Roorder,s
thority to hold and keep a court, which shall and is hereby court
declared to be a court of record, and known in law as and
by the name of "the recorder's court of the city of Lansing," and shall have an appropriate seal, which shall be
provided by the recorder, and kept by the clerk thereof,
who shall keep a record of the proceedings of the said
court.
Sec. 197. The clerk of the city of Lansing shall, by vir-Cerkk
tue of his office as such, be the clerk of said recorder's
court, and may appoint a deputy, who shall be authorized
to perform all the duties of the clerk of said court in case
69 
CHARTER OF THE
of the absence or inability of said clerk, and who shall be
subject to all the liabilities of such clerk.
Jurisdiction Sec. 198. The jurisdiction of said recorder's court, in ad        dition to that by this act otherwise conferred, shall extend
to, and said court shall have original and exclusive ju        risdiction, and shall have power to hear, try and determine
all civil actions arising in said city wherein said city, in its
corporate capacity, shall be a party, or any city or ward
officer, in his official character, shall be a party; all
charges, complaints, actions and prosecutions, for the re        covery of any and all forfeitures and penalties for alleged
violations or infringements of the acts of the Legislature
of this State incorporating said city, except in cases where
jurisdiction is especially given to some other court; all
actions for alleged breaches or violations of any of the by        laws or ordinances of said city, except in cases where, by
such by-law or ordinance, jurisdiction is especially given
to some other court, and all actions for encroachments
upon or injury to any of the streets, lanes, alleys, bridges,
parks, or other public improvements of said city; and
concurrent jurisdiction in all actions wherein the title to
lands shall come in question, wherein the said city, or any
city or ward officer, as such, shall be a party; and said court
shall also have exclusive appellate jurisdiction of all ac        tions brought before justices of the peace to recover for        feitures or penalties for alleged violations of any ordinances
of said city, or violations of this act, for the violation of
which, by said ordinance or by this act, such justice of the
peace has cognizance.
Jury trials. Sec. 199. Whenever either party shall demand that the
cause be tried by a jury before the trial thereof shall have
been commenced, and shall pay the sum of three dollars
to the clerk of said court, the recorder shall direct the
marshal or any constable of said city in attendance to
make a list of names of twenty-four citizens, who shall be
residents of said city, having the qualification of jurors in
70 
CITY OF LANSING.
circuit courts of this State, from which list the plaintiff
and defendant shall alternately strike out one until each
shall have struck out six names; the person demanding
the jury shall first strike out; and in case the said city
shall be a party, the city attorney shall strike on behalf
of said city; if either party refuse to strike out, then the
clerk shall do so in his stead under the direction of the
court; and the remaining names shall constitute the jury.
When no jury is demanded, the cause shall be fried by the
recorder.
Sec. 200. The clerk, when such jury fee shall be paid, Jury
shall thereupon issue a venire, directed to the marshal or
any constable of said city, commanding such officer to
summons such persons named in the venire to attend said
court at a time or place therein specified, to serve as jut
rors.
Sec. 201. Any juror summoned as aforesaid who shallib.
neglect or refuse to attend at the time and place named in
such venire, shall be liable to a fine of not less than one
nor more than ten dollars and costs, and may be brought
before the court for that purpose by attachment issued under the seal of said court, tested by the recorder and signed by the clerk, but no such fine shall be imposed after
the period of thirty days from the time he became liable
as aforesaid.
Sec. 202. Every juror serving in any cause tried in said ib.
court shall be entitled to receive the same fees as jurors in
the circuit court for similar services.
Sec. 203. The officer shall, in all cases, before makingilb.
out such list of names for jurors, be sworn to make such
list without favor or partiality to either party, and in case
any juror of the jury so summoned shall neglect or refuse
to attend or cannot be found after diligent search and in
quiry in said city, talesmen may be summoned from the
inhabitants of said city, as in other courts of record.
Sec. 204. The recorder's court shall be held on the sec. Ter.
71 
ond Monday of each month, and the terms of said court
may be continued until the business is disposed of; and
special sessions may be held as often as may be deemed
necessary for the dispatch of business, and it shall be law        ful for said recorder or clerk to administer oaths to wit        nesses on the trial of a cause, to take affidavits or deposi        tions to be read in said court under the rules and practice
thereof, and to receive therefor the same fees as is allow        ed for similar services in the circuit court.
Journal.    Sec. 205. The clerk of said court shall keep a journal of
the proceedings of the court, under the direction of the
recorder, and all entries therein shall be read in open
court by the clerk, from day to day, and shall be corrected
when necessary, and signed by the recorder.
., Sec. 206. The said journal shall be and remain a pub        lic record in the office of the clerk of said court, and
shall be by him delivered over to his successor in office,
together with the books and papers belonging to said of       ice; and the recorder's successor in office shall be author       ized to continue and complete all proceedings begun by
his predecessor. 
Record may Sec. 207. Any record or entry made in said journal as
be read in
eidence. aforesaid, may h'e read in evidence in all courts of justice,
and in all proceedings before any officer, body or board,
in which it may be necessary to refer thereto, either from
the journal itself or from a true and certified copy thereof
certified by the clerk, with the seal of the court affixed;
and in all cases whenever it shall become necessary in any
action or other proceeding before said recorder's court, to
give evidence of a judgment or other proceeding had be       fore said court, the original entry of such judgment or
other proceeding shall be good evidence before said court,.vof    Sec. 208. It shall be the duty of the said city clerk,
either in person or by his deputy, to attend every term of
said court, both general and special, and he shall have the
care and custody of the seal of thie said court and of the
72
CIIARTER OF THE 
CITY OF LANSING.
records, books and papers pertaining to the office of clerk
of said court, and filed or deposited therein.
Sec. 209. The said recorder's court shall have power to Recognizantake recognizance for keeping of the peace and good be
havior, and for appearance before said court, or any other
court, at any day or term; and full power to punish for
contempt of court by fine or imprisonment, or both, but
such fine shall not exceed twenty-five dollars, nor such imprisonment sixty days.
Sec. 210. The marshal, and so many constables as may Marshal to
be required, shall attend the recorder's court and dis- attend.
charge all the duties of their respective offices; and the
said marshal and other ministerial officers of said city shall
execute and return all processes issuing out of said court
tILo them directed, in the same manner as sheriffs or other
officers of courts of record in this State.
Sec. 211. The recorder's court shall have power  andAuthorityOf
- said court.
authority to make all rules for the practice in such court,
and may issue execution upon any judgment, fine or penalty entered by said court, and may levy and collect the
amount of such judgment in the same manner as executions issued out of the circuit court for the county of Ing
ham; such executions shall be made returnable in sixty
days from the date thereof, and may authorize the taking
of the body of the person against whom the execution
runs; in all cases where such taking is authorized by the
laws of this State on executions issuing out of the circuit
or other courts in the State, or by any ordinances of the
city of Lansing, for the violation of which such arrest or
taking is authorized.
Sec. 212. Said court shall have power, from time to time, Fees.
to establish the costs and fees of all the officers of said
court, which costs and fees shall not exceed those now established by the rules and practice of the circuit court of
Ingham county for like services, and said costs and fees
shall be taken and made a part of the judgment, and levied
73 
CHARTER OF THE
and collected therewith. The recorder shall have the fol       lowing fees: for deciding a cause, on motion, two dollars;
for trial, three dollars, which shall be in full for his servi        ces in such cause.
Writs and   Sec. 213. All writs and process from the recorder's court
process.?
process.  shall run in the name of the people of the State of Michi       gan, be directed to the marshal or any constable of said
city, shall bear teste in the name of the recorder, shall be
sealed with the seal of said court, signed by the clerkI, and
dated on the day on which the same shall be issued.
Aetions.  Sec. 214. Actions may be commenced in said court in
the same manner as is provided by law for the commence       ment of suits in the circuit courts of this State, and to this
end the city clerk is hereby authorized to procure the
necessary books, at the expense of the city, and all provi        sions of law relative to trials of causes in circuit courts?
shall apply to said recorder's court, except as herein other        wise expressed, and actions for the recovery of penalties
and forfeitures, arising for violations of any of the provi
sions of this act, or for violations of the ordinances or by        laws of said city, of which said recorder's court has juris        diction, may be commenced and prosecuted in the same
manner as is by law provided for the recovery of fines and
penalties for breach of any statute of this State.
Appeals to   Sec. 215. Appeals may be taken to said recorder's court
recorder's
court.   from any judgment of any justice of the peace elected
within said city, upon any suit or prosecution for a viola        tion of any of the provisions of this act, or of the by        laws or ordinances of said city, of which such justice
has jurisdiction, by filing with the justice by whom such
judgment was rendered a like affidavit and bond or re        cognizance, as is or may at any time by law be required
on appeals in civil cases from justice to circuit courts
in this State, and all such provisions of law relative to
appeals from justice courts to the circuit court, shall
apply, as far as practicable, to the said recorder's court.
74 
CITY OF LANSING.
Sec. 216. Writs of certiorari may be sued out of said Certiorar.
recorders court to any justices' court of said city, on any
judgment rendered by such justice of the peace, in any
action brought to recover a penalty or forfeiture for the
violation of any provision of this act, or the violation of
any by-law or ordinance of said city, in the same manner,
as near as may be, and with the like effect as certir-aris
from circuit courts, and all provisions of law relating to
certioraris from circuit courts in civil cases, shall apply as
near as may be to the recorder's court, except that the allowance of such writ shall be granted by the recorder.
Sec. 217. In cases of appeal from any justice's court Justiee to
make a re —
wvithin said city, or in case a certiorari shall issue fromturn.
said recorder's court directed to such justice, such justice
shall make a return of the proceedings had before him in
in like manner in all respects, as is by law required rela
tive to returns from justices' courts to the circuit court in
cases of appeal and certiorari.
Sec. 218. The recorder's court shall have power to hear, Court to de                                                           termine ap —
try and determine said appeal, and the judgment of said peal
court shall be final, except that the same may be carried
to the supreme court, in the same manner in all respects as
cases in the circuit court are taken to the said supreme court;
and said recorder's court shall hear and determine all matters
brought before him by writ of certiorari, in the  same
manner as such cases are disposed of in the circuit court.
Sec. 219, The same entry fee shall be paid the clerk by Entry fees,
said city in causes commenced,  or brought  into  the
recorder's court as is required in like cases in the circuit
court, except when the cause is commenced or brought
into said recorder's court on behalf of the city, or a city
or ward officer in his official character.
Sec. 220. Any cause commented in the recorder's court, Appeals
from said,
and any cause brought in said court by appeal or court.
certiorari, and determined therein, may be taken to the
supreme court of this State, in the same manner as causes
76" 
CHARTER OF THE
removed to said court from the circuit courts of this State,
by bill of exception, case made, writ of error, or other
wise.
Z'rors.   Sec. 221. Any person serving as a juror in the recorder's
er's court in any cause pending therein, shall be exempt
from serving as a juror in any other cause in said court
during the same term in which he so served; and the clerk
shall keep a list of such jurymen until the commencement
of the succeeding term of court, when said list shall be
destroyed.
Fines., &-c.   Sec. 222. It shall be the duty of the marshal, or of any
constable, to pay into the hands of the city clerk, imme        diately on the receipt thereof, all fines, penalties and costs,
imposed by said recorder's court, who shall forthwith pay the
costs to the officers entitled thereto; and the said city clerk
shall, on or before the first of each month, pay such money
into the city treasury, and he shall make quarterly reports
to the common council, of all the cases disposed of in said
court, stating the several entry and jury fees paid, fines
and penalties imposed, the manner in which the same may
have been satisfied, and the sums which he may have paid
to said treasurer from time to time, as aforesaid.
O.fencesand  Sec. 223. The  said  recorder's court shall have  full
misdemean        power and authority to hear try, and determine, according
to the laws of this State, and according to the course of
the common law, all such offenses and misdemeanors of
which said court has jurisdiction or cognizance by this act,
although no by-law or ordinance shall have been made or
passed relative to such offense.
Officers to   Sec. 224. Whenever any person or persons charged with
execute caI,ias    Cany offense supposed, by such charges, to have been com        mitted within the limits of said city, against the provis        ions of this act, or in violation of any by-laws or ordi        nances of the said city, shall depart from, lurk or reside
without the limits of said city, the recorder's court in
session, or the recorder in vacation, is authorized and em
76 
CITY OF LANSING.
powered, and it is hereby made his duty, to c       ommand tihe
marshal or any constable of said city, or the s'ri  o'
sheriffs of any county or counties, or any constables of al-..
townsh ips within this State, by a wtrit of capias,   der tLhn
seal of said court, to arrest the bodv or boIies Ef such
person or persons, so charged: as afo)resaiLd, and sauch person or persons have before the recorder's court, agree.~'iy
to the exigency of said vwrit, to be dealt with.ceor(4dincg t
law; and the officer or officers to whom such capias sh~al
be directed and delivered are hereby required to use due
diligence in executing  the same, under such pains and
penalties as are by law incurred by any sheriff or other
officers neglecting or refusing  to execute any capias or
other process to hina or them directed and delivered; alld
in case the person so charged as aforesaid shall be within
the limits of the county of Ingham, the writs of capias
may be directed to the marshal or any constable of the sa;
city, who shall be authorized to s-erve the sluae within the
limits of said county  but before,,such capias shall issue
such, person or persons preferring the charge mentioned in
this section shall file with the clerk of the court security
for al the cost in case of acquittal, unless such charge
is preferred by a public city officer;  in which case -e
security shall be required.
Sec. 225. The recorder's court shall possess all tbhe pow-Tob, 
court of re.
er of courts of common law  and courts of record in this ~o~d
State, to carry into effect the jurisdiction and powers conferred upon it by this act.
Sec. 226. The common council of said city shall havesctyPentrl
power and authority, whenever they shall deem it expedient, to provide a city penitentiary, where all persons
charged with, or convicted of, offenses or misdemeanors
against the charter, by-laws or ordinances of said city, may
be confined or imprisoned, until discharged by authority
of law; and the said common council shall appoint all officers necessary for said penitentiary, prescribe their powers
7T, 
CHARTER OF THE
and duties, regulate the time and manner such prisoners
shall be kept at labor, and make all by-laws, ordinances or
orders, concerning the good government and regulation of
said penitentiary, and for the punishment of such prisoners
as may refuse to work therein, as they may deem  neces        sary and proper.
City pen-   Sec. 227. Any person arrested by virtue of any process
tentiary.
issuin, from any court of justice in said city, or by author        ity of any officer of said city, may be confined in said peni        tentiary, in the same manner as prisoners are or may  be
detained il the jail of Ingham county; and any law of this
State prohibiting escapes, aiding persons [prisoners] to es        cape, or any other act detrimental to the safety of prisoners
?roviso.  in a county jail, shall apply to said prison: Provided, That
the common council or the mayor or recorder of said city
may at any time direct any or all such persons [prisoners] to
be removed from said penitentiary to the jail of the county
Provso.  of Ingham: 4nd provdedalo, Such prisoners, or any of them
may at any time, in the first instance, be confined inthe said
county jail.whenever the same may be deemed necessary
by said common council; and the keeper of said jail or
penitentiary shall be allowed such compensation for keep        ing and providing for prisoners confined therein as the
common council may determine to be just and reasonable,
not exceeding the amount allowed by the supervisors of
Ingham county for county prisoners.
County -ail.  Sec. 228. Until the common  council shall have pro        vided a city penitentiary, as hereinbefore provided, the
the courts of justice in said city shall have power to
imprison in the jail of the county of Ingharn, and it is
hereby made the duty of the keeper  of said jail to
receive such persons as are brought to his custody by
authority of any of said courts, or the common council, or
any officer of said city authorized so to commit such per        son, in the same manner as any court of record of this
-78 
CITY OF I}ANSING.
State, or other competent authority, is authorized to commit to said jail.
Sec. 229. The justices of the peace in the said city exercis- Jhtices f
ing civil jurisdiction, shall be deemed justices of the peace
of the county of Ingham, and shall be subject to the
general laws of the State in relation to civil causes before
justices of the peace, and appeals from their judgment
may be made to the circuit court for the county of Ingham, in the same manner as appeals from justice's judgments in towns are made, except as herein otherwise
provided.
Sec. 230. The justices of the peace of said city shallib.
have all the authority of justices of the peace in towns in
criminal matters, and shall have all the authority, and perform all the duties, hereinbefore provided and required of
them, and shall hold a session of court daily, if necessary.
Sec. 231. All suits which shall be brought to recover certainsuits
to be brolt
any penalty or forfeiture for the violation of any ordinance in the name
of the city,
of the common council, shall be brought in the name of the
city of Lansing, under the direction of the common council,
or of the attorney of said city, and no person being an
inhabitant, freeman or freeholder of the said city, shall
be disqualified for that cause from acting as a judge,
justice or juror in the trial or other proceeding, in any
suit brought to recover a forfeiture or penalty for the violation of this provision of this act, or for the violation of any
ordinance of the common council, nor from serving any process or summoning a jury in such suit, or from acting in any
such capacity, or being a witness on the trial of any issue,
or upon the taking or making any inquisition or assessment,
or any judicial investigation of facts, to which issue, inquest
or investigation the said city, or any city or ward officer, is
a party, or in which said city or such officer is interested;
nor shall any judge of any court be disqualified to hear
and adjudicate on an appeal in any matter originating in
said city, because he is an inhabitant thereof.
79 
CI!ARTEiL OF THE
Judgments   Sec.:2'2. If any judgment in any action shall be renagainst the
city    dered against the city by any justice of the peace, such
judgment may  be removed by appeal to the recorder's
court of the clty or Lansing, in the same manner and with
the same effect as though the city were a natural person,
except that no bond or recognizance, to the adverse party,
shall be necessary to be ixecou{ed by or on behalf of the
said city.
Penalt,e,.   Sec. 233. Every execution for any penalty or forfeiture
recovered for the'violation of any of the provisions of this
act, or for the violation of any by-law or ordinance of the
said city, may be issued immediately on the rendition of
the judgment, and shall command the amount to be made
of the property of thedeoenant, if' any such can be found,
and if not, then to commit the defendant +0to the county
jail, or city penitentiary, for such time as shall have been
directed by the ordinance of the common council.
lb.       Sec. 234. The common council may direct any moneys
that may have been recovered for penalties or forfeitures,
to be applied to the payment of any extra expenses that
ma?y have been incurred in apprehending offenders or in
subpoenaing or defraying the expenses of witnesses in any
suit for such penalties or forfeitures, or in conducting
such suits.
.gr  Sec. 235. All persons being habitual drunkards, desti       tute, and without visible means of support, or who be       ing'such habitual drunkards, shall abandon, neglect or
refuse to aid in the support of their families, being  com
plained of by such families; all able-bodiedand sturdy
beggars wvho may apply for alms or solicit charity;  all
persons wandering abroad, lodging in watch-houses, out       houses,  market- places, sheds,  stables,  or uninhabited
dwellings, or in the open  air, and not giving a good
account of themselves;  all common  brawlers  and dis       turbers of the public quiet; all persons wandering abroad
and begging, or who go about from door to door, or place
80
I 
CITY OF LANSING.
themselves in streets, highways, passages or other public
places, or beg or receive alms within the said city, shall
be deemed vagrants, and may upon conviction before any
justice of the peace in said city, be sentenced to confinement at hard labor in the county jail or city penitentiary
for any time not exceeding sixty days.
Sec. 236. All persons who shall have actually abandoned Disorderly
persons
their wives or children in the city of Lansing, or who may wtahe
~  ~~~~~~~~meaningt of
neglect to provide according to their means for their wives t'lhe"P,:Rs.
tl,R. $
or children, are hereby declared to be disorderly personsf 1846
within the meaning of chapter thirty-nine of title nine of
the revised statutes of eighteen hundred and forty-six, and
may be proceededlagainst as such, in the manner directed
by said title; and it shall be the duty of the magistrate
before whom any such person may be brought for examination, to judge and determine from the facts and circumstances of the case whether the conduct of such person
amounts to such desertion or neglect tO provide for his
wife or children.
Sec. 237. It shall be the duty of the common council of lo,radof
a ~~~~~~~~~~~~health
said city to appoint, a board of health once in each year
for said city, to consist of not less than three, nor more
than seven persons, and a competent physician to be the
health officer thereof.
Sec. 238. The said board of health shall have power, and eThe irpow.
ers and dm.
it shall be their duty, to take such measures as they shall ty
deem effectual to prevent the entrance of any pestilential
or infectious disease into the city; to stop, detain and examine, for that purpose, every person coming from any
place infected, or believed to be infected, with such a disease; to establish, maintain and regulate a pest-house or
hospital, at some place within the city, or not exceeding
three miles beyond its bounds; to cause any person not
being a resident of the city, or if a resident of the city,
who is not an]inhabitant of this State, and who shall be,
or be suspected of being, infected with any such disease,
6
81 
CHARTER OF THE
to be sent to such pest-house or hospital; to cause any
resident of the city infected with any such disease, to be
removed to such pest-house or hospital, if the health phy         sician and two other physicians of the city, including the
attending physician of the sick person, if he have one,
shall certify that the removal of such resident is necessary
for the preservation of the public health; to remove from
the city or destroy any furniture, wearing-apparel, goods,
wares or merchandise, or other articles or property of any
kind, which shall be suspected of being tainted or infected
with any pestilence, or which shall be, or be likely to pass
into such a state as to generate and propagate disease; to
abate all nuisances of every description, which are or may
be injurious to the public health, in any way and in any
manner they may deem expedient; and from time to time
to do all acts, make all regulations, and pass all ordinances
which they shall deem necessary or expedient for the
preservation of health and the suppression of disease in
the city, and to carry into effect and execute the powers
hereby granted.
Public con Sec. 239. The owner, driver, conductor, or person in
veyances.
charge of any stage-coach, railroad car, or other public
conveyance, which shall enter the city having on board
any person sick of a malignant fever or pestilential or in        fectious diseasb, shall, within two hours after the arrival
of such sick person, report in writing the fact, with the
name of such person, and the house or place where he was
put down in the city. to the mayor, or some member or
officer of the board of health; and any and every neg        lect to comply with these provisions or any of them, shall
be a misdemeanor, punishable with fine and imprisonment.
Bringivg of Sec. 240. Any person who shall, knowingly, bring or
infected
propeerty in procure, or cause to be brought into the city any property
misdemea'r Of any kind, tainted or infected with any malignant fever
or pestilential or infectious disease, shall be guilty of mis       demeanor, punishable by fine and imprisonment.
82 
CITY OF LANSING.
Sec. 241. Every keeper of an inn or boarding-house or Sieskttran.
y                             ~~~~~~~~~~~~~~~~~~ers tO be r'e
lodging-house in the city, who shall have in his house at irted.
any time any sick traveler, boatman or sailor, shall report
the fact, and the name of the person, in writing, within
six hours after he came to the house or was taken sick
therein, to the mayor, or some officer or member of the
board of health; every physician in the city shall report
under his hand to one of the officers above named, the
name, residence and disease of every patient whom he
shall have, sick of any infectious or pestilential disease,
within six hours after he shall have visited such patient.
A violation of either of the provisions of this section, or
of any part of either of them, shall be a misdemeanor,
punishable by fine and imprisonment; the fine not to
exceed one hundred dollars, nor the imprisonment six
months.
Sec. 242. All fines imposed under the last five sections Fines.
shall belong to the city, and when collected shall be paid
into the city treasury, and be devoted to the maintenance
and support of the pest-house or of any hospital that may
hereafter be established by the city.
Sec. 243. The common council shall have power to passNuisanee
and enact such by-laws and ordinances as they from time
to time shall deem necessary and proper, for the filling
up, draining, cleansing, cleaning and regulating any grounds,
yards, basins, slips or cellars within the said city, that
shall be sunken, damp, foul, incumbered with filth, and
rubbish, or unwholesome, and for filling or altering and
amending all sinks and privies within the said city, and for
directing the mode of constructing them in future, and to
cause all such work as may be necessary for the purpose
aforesaid, and for the preservation of the public health
and the cleanliness of the city, to be executed and done at
the expense of the city corporation, on account of the
persons respectively upon whom the same may be assessed, and for that purpose to cause the expenses there
83 
CHARTER OF THE
of to be estimated, assessed and collected, and the lands
charged therewith to be sold in case of non-payment, in
the same manner as is provided by law with respect to
to other public improvements within said city; and in all
cases where the said by-laws or ordinances shall require
anything to be done in respect to the property of several
persons, the expenses thereof may be included in one
assessment, and the several houses and lots in respect to,
which such expenses shall have been incurred, shall be
briefly described in the manner required by law in the
assessment roll for the general expenses of the city, ancl
the sum of money assessed to each owner or occupant of
any such house or lot shall be the amount of money ex       pended in making such improvement upon such premises,
together with a ratable proportion of the expenses of
assessing and collecting the moneys expended in making
such improvements.
Lsf       Sec. 244. Whenever, in the opinion of the common coun       cil, any building, fence, or other erection of any kind, or
any part thereof, is liable to fall down, and persons or
property may thereby be endangered, they may order any
owner or occupant of the premises on which such buildings
fence, or other erection stands, to take down the same,
or any part thereof, within a reasonable time, to be fixed
by the order, or immediately, as the case may require;
or may immediately, or in case the order is not complied
with, cause the same to be taken down at the expense of
the city, on account of the owner of the premises, and as       sess the expense on the land on which it stood. The order,
if not immediate in its terms, may be served on ar,y occu       pant of the premises, or be published in the city paper,
as the common council shall direct.
boa of     Sec. 245. The said board of health shall have power to
health.   appoint a clerk, whose duty it shall be to attend the meet       ings thereof, and to keep a record of its proceedings, and
such record, or a duly certified copy of the same, or of any
84 
CITY OF LANSING.
part thereof, shall be prima facie evidence of the facts
therein contained, in any court or before any officer. The
compensation of the clerk of said board of health shall be
fixed by said board of health, by and with the consent of
the common council, and such compensation shall be paid
in the same manner as the other expenses of said board.
Sec. 246. The members of said board of health shall ~omnPe
receive such compensation for their services as the common council shall deem reasonable, to be paid from the
general contingent fund of said city.
Sec. 247. The common council, or the mayor or other Sureties.
officer whose duty it shall be to judge of the sufficiency of
the proposed sureties of any officer of whom a bond or
instrument in writing may be required under the provisions of this act, shall examine into the sufficiency of
such sureties, and shall require them to submit to an
examination under oath as to their property; such oath
may be administered by the mayor or any alderman of said
city. The deposition 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.
Sec. 248. The mayor, or chairman of any committee orAdmoinisatr-h
~              tion of oaths
special committee of the common  council, shall-have
power to administer any oath or take any affidavit in
respect to any matter pending before the common council
or such committee.
Sec. 249. Any person who may be required to take any Perjury.
oath or affirmation under or by virtue of any provision of
this act, who shall, under such oath or affirmation, in any
statement or affidavit, or otherwise, willfully swear falsely
as to any material fact or matter, shall be guilty of perjury.
Sec. 250. If any suit shall be commenced against any suits
ffCagainst
person elected or appointed under this act to any office, offcer.
for any act done or omitted to be done under such election
or appointment, or against any person having done any
86t 
CHARTER OF THE CITY OF LANSING.
thing or act by the command of any such officer, and if
final judgment be rendered in such suit whereby any such
defendant shall be entitled to costs, he shall recover double
costs in the manner defined by law.
Promc    Sec. 251. All process issued against said city shall run
againt ity. against said city in the corporate name thereof, and such
process shall be served by leaving a true and attested copy
of such process with the mayor or clerk of said city, at least
ten days before the day of appearance mentioned therein.
pethoor in    Sec. 252. The school inspectors to be elected under this
specters.
act, together with the city clerk, who shall be ex-officio
school inspector, shall perform all the duties and be in
every way subject to the general laws of this State appli        cable to school inspectors.
Public act.  Sec. 253. This act shall be deemed a public act.
Sec. 254. This act is ordered to take immediate effect.
Approved February 15, 1859.
86 
INDEX,  
INDEX.
ACCEPTANCE,
when filed, section 2 7......................................................... 10
failure to file, effect of, section 28............................................ 10, 11
ACIONS,
how commenced in recorder's court, section 214,..................................74
AOCCOUNTS,
how verified, section 68,........................................................ 24
ALDERIIFN,
duties of, section 63.........................................................22, 23
to attend common council, section 63.....................................22, 25
toorder arrests, section 63............................................22,23
to maintain peace, section 63,..........................................22, 23
when to act as supervisor, section 65,......................................23
ex-oticio conservators of peace, section 64..................................23
to exercise powers of justiee of the peace, section 64,....2.....................23
in criminal cases, section 64................................................... 23
as supervisors, fees of, section 67............................................. 23, 24
compensation of, how audited, section 67................................23, 24
fees of, section 92.................................................. 30, 31
to makLe asessements and file copy of, sectioen 98,............................3...... 83
when to meet at clerk s office, section 10,.......................................34
to levy tax on their respective wards, section 100,.................................34
to assess taxes on certified reports, section 139.................................. 4
see delinquent tax, section 175.................................................. 62
APPEALS,
how taken from recorder's to supreme court, section 220,..............75, 76
to recorder's court. how taken, section 215,...................................... 74
bond and recognizance for, section 215......................................... 74
same form as from justice to circuit court, section 215........................74
to whom taken. fror comnissioner's assessment, section 153.................... 
when may be taken frem recorder's court, section 132........................... 45
duty of clerkl it. section 133,...............................................45
fiora conmmon council's decision, section 147,............................. 51, 52
From highway commiszioner's decisior   ction 147........................51 52
when may be taken from justice to circuit court, section 229...................79
when to be remanded to recorder,s court. section 135.............................46
ASSESSMEi\T,
by whom niade. section 66................................................... 26
to be returned by Treasurer, section 13,.................................    48
on non resident land, how made. sention 164,...................................  57
alderman to make, section 98.................................................3
copy to be filed with clerk  econ 98............................................3
what property liable to section 108............................................ 37
to whom payable, section 139.........................................47, 4
commissioner's roll otf secetion 151............................................ 53, 4
roll of returned to common council, section 151...............................5.  3, 64:
when fiail, section 155..................................................54, 55
when a lien, sections 175,155............................................62, 54, 55
when freelholders to make, section 149,.....................2..............52
roll of warrant to be affixed to, section 149,...............................52, 53
AUr- TO,
to) countersign orders on highway fund, section 172............................. 61
fees of, seetion 92.................................................. 30, 31
to take oath and give bonds. section 85.....................................29
to be treasurer cf superintendents of esetery, section 87,....................30
to receive moniems  for cemetery lots, section 8 7...................................30
to recei-s-e penalties, section 87.................................................. 30
to pay mronies to city treasury, section 88,................................... 30
BALLOT,
how folded, section 15.................................................6 
to whom delivered, section 15...........................................
how endorsed, seotion 15......................................................  
for city, what to contain, section 16.... 7....................................
7
PAGN, 
INDEX.
PAGN.
for ward, what to contain, section 16,..........................................7
boxes, by whom furnished, section 16..........................................7
BONDS,
where deposited, section 62,................................................... 22
of justice where filed, section 78..............................  27
CANVASSING,
how donducted, section 20..................................................... 8
CAPIAS,
recorder's court to issue, section 2 24.....................................  77
when may issue, section 224.........................                         77
by whom served, section 224................................................... 77
security for, section 224....................................................... 77
CEHETERY,
board of, section 54,..................................................20
by whom and how purchased, section 106................................. 36
CERTIORARI,
when may be sued out, section 216............................................. 75
form of, &c., section 216.................................7..............75
hew divided, section 3.....................................................
officers of, section 4..................................................2
suits by and brought in city name, section 231,..............................79
judgment against by justice, how appealed fromr, section 22.................. 80
CITY ATTORNEY,
duties of, section 72 2..................................................25
to publish notices, &c., section 127,.....................................43, 44
salary of, section 92........................................................ 30, 31
to draw resolution, section 113...............................................38, 39
to make application in behalf of common council, section 115..................... 40
common council to contract with, section 8,................................ 5
CITIZENS,
duties of, at fire, section 189,....................................           67
CLAIMS,
when audited, section 59,........................................21, 22
by whom signed, section 60.............................................. 22
statement to be published, section 60.......................................... 22
CLIERK, 
duties of, sections 39, 23..................................................... 13, 9
to deliver list of persons elected, section 29,..................................... 11
when to commudicate to council, section 39...................................... 13
record or entry prima facia evidence,'section 51,................................19
to sign cemetery deeds, section 53,.............................................. 20
to be sealer, section 58........................................................21
to deliver bonds to successor, section 62.......................................... 22
to keep seal, section 69,................................................... 24
to publish ordinances, section 70................................................ 24
to perform other duties, &c., section 70,.........................................24
to keep account of orders drawn on treasurer, section 71,......................24, 25
fees of, section 92,...................................................... 30, 31
to apply to c        ommissioner for list of State lands, section 99,.....................33  34
to enter apportionments on record, section 100..................................34
to sign loan bonds, section 106,.............................................. 36
to deliver copy of resolution to city attorney, section 115......................... 40
to make juLry slips, section 118,.................................................41
duty of in appeal from recorder's court, section 133,..............................45
to certify and file copy of report, section 138,....................................47
to report lots upon which warrants are to issue, section 139....................... 48
to certify order of common council and deliver order to commissioners, section 149,. 53
to cause notice of names to be published, section 153,.............................54
to notify supervisors of amount of tax, section 155,.............................. 55
to report to alderman unpaid taxes, section 175................................. 62
may appoint deputy, section 197, 7..........................69, 70
when to issne veni5e, section 200,................................................71
to keep journal in recorder's court, section 205,..............................72
to deliver journal to successor, section 206...................................... 72
to administer oaths, fees for, section 204,...................................... 72
to sign writs and process, section 213,...................................... 74
to procure beoks at city expense, section 214.................................... 74
entry fees to be paid to, section 219...................................... 75
to keep list of jurymen, section 221,............................            76
to pay fines to city treasurer, section 222,...................................... 76
ex officio clerk of recorder's court, section 197,................................ 69, 70
when to enter votes at large, section 42................................... 1
COMMON COUNCIL,
who shall constitute, section 36,..........................................12
..  powers of, section 8,..................................................4, 5
;...o chose in case of tie vote, section 21........................................... 8
'    when can appoint election, section 24,..................................9, 10
90 
INDE:.
PAGE.
when to fill vacancies by appointment, section 25,................................ 10
votes of, section 40.............................................Il 13
meetings to be public, section 41........................13
when mky be private, section 41,.........13
votes of when entered at large, section 42,........................................ 13
quorum of, section 43.......................................................13, 14
when a majority necessary, section 43,.................................13, 14
ineligible to hold city office, section 44,.....................................14
powers of to prevent vice, section 45...........................................14
have general control over streets and alleys,section 46........................18
to require mill race to be covered, section 47, s...............................18
when may cover mill race, section 48.........................................18, 19
when may impose penalties, section 49...................................19
may purchase cemetery grounds, section 53,................................ *20
may purchase Potter's field, section 55,.....................................20
powers to erect public buildings, section 56...................................... 20
to grant license, section 57..................................................... 20
shall audit claims, section 59................................................. 21, 22
settle demands and defray expenses, section 93..................................1
may levy tax, section 94...................................................... 31
estimate tax when, section 100................................................. 34
to apportion to wards, section 100..............................................34
may borrow money for cemetelies, section 106................................... 36
may issue bonds to purchase cemetery, section 106,...............................36
may create sinking fund, section 109,...................................37.  38
to establish highways, section 112.............................................. s8
may appropriate private property, section 112,..............................38
duty of on appeal, section 1'6............ *v............................4, 47
when to tender compensation, section 140.......................................  48
to take possession of lands, when, section 141,.............................. 49
I  payjury, section 144,........................................................ 50
to determine salaries, section 92,..........................................3 0, 31
to act as highway commissioners, section 145,.............................50, 51
to have charge of public squares, &-c., section 145.........................50, 51
to erect sewers, oridges, &c., section 146.........................................    51
when may discontinue streets, section 147....................................... 51
appeals from to circuit court, section 147,......................................51, 52
hoow to assess expenses for public improvement, sections 148, 149,...........52, 53
to hear appeals on asessmnent, section 153,.................................. 54
may annul, confirm, or orde- new asessment, section 154.................... 54
may direct re-assessment, section 160........................................  56
to direct building side-walks, &c., section 162,.............................56, 57
may require occupant to build walks, &c., section 162............................ 57
to enforce regulations, section 163,...........................................  57
to assess non resident lands, section 164,..................................., 57
to have charge of side-walks, section 162,...............................18..5
to make a list of tax rolls, section 167T,...............................     59
to examine reports of street commissioners, section 172.......................... 61
power to collect taxes for sewer, section 174,.................................... 61
to regulate fire limits, sections 177, 178,179, 180,181,182,183,184,185,186,187,
189, -............................................................63 to 65
to appoint commissioners to assess damages done by fire company, section 192,....68
to establish penitentiary, section 2 6.......................................... 77, 78
enact laws relative to. section 226,......................................77, 78
may cause prisioners -co be confined in county jail, section 2'27,....................  7s
to direct expenditure of penaltiex, section 234,............................... 80
to appoint board of health, section 237,.....................................81
to abate nuisances, section 243..............................................83, 84
OOMMISSIONERS,
of State land office to make and deliver list of State lands, section 99,...........33, 34
when appointed by court, section 142,.......................................49,50
duties of, section 142........................................................ 4 9, 50
oath of to be filed in court, section 142................................... 49, 50
to make report, section 142,............................................49, 50
to assess damages, duties of, section 150,....................................5s
to make assessment and roll, section 151,.................................53, 54
to be appointed by common council to make assessment, section 149..............53
COUNTY JAIL,
may be used as penitentiary, section 228,....................         78
COMHMISNIONER OF HIGHWAYS,
Who to be, sectionl45,................................................50
powers and duty of, section 1   4      5.................................................50
to lay streets andhave same recorded, section 1 4 5...........................50
to assign district insyectors, section 145,.................................... 50, 51
CORPOR&TION,
boundaries of, section 1,......................................................... -
power of, section 2............................................................. I
91 
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8 * *  
INDEX.
GUNPOWDER,
laws relative to, section 45,.........................................15
HACK STANDS,
who to designate, section 45,........ I...................... e I......18
HEALTH, BOARD OF
by whom appointed, section 2  3     7...........................................81
powers and duties of, section 238..........................................81
to appoint clerk, section 245................................................ 84 85
clerk's duties, section245............................................84, 85
physician of, section 9    1..................................................30
HIGHWAYS,
see commissioners of.
by whom established, section 112............................................. 38
HOUSESES OF ILL-FAMIE,
common council to restrain, section 45,........................... c..14, 15
INN KEEPERS,
provisions in relation to, section 57...........................................2 20, 21
duties of, in regard to sick strangers, section 241................................3. 
INSPECTORS
of ward elections, who to be, section 14.........................................   6
to appoint clerks, section 13.................................................... 6
to canvass votes publicly, section 18,........................................7
of fire-wood, section 91.................................................3.......30
of streets, duties of, section 1 72................................................ 60
to make reports, &c., section 172............................................... 60
INTOXICATILNG DRLNKS,
common council to -)reve  ilendi,g of, section 45........................ 15
I'IPROVEMIENT rS, PUIC
common council to have chaige of sectn 113................................. 38, 39
JULRORS,
summoning:,   ~ ectlon 117,................................................. 40, 41
when excused. section 117................................................... 40, 41
exemption of, in certain cases, section 221,...................................... 76
JURY
drawing of, section 118S..............................................,41
who to constitute. section 120,.........................................41, 42
to go to place of imnprovement,  section 121,................................... 42
ascertain what p-rope,ty to be taklen. section 122................................42
assess damages, section 122...................................................... 43
cnompensation of damages and excess of, section 123,............................42, 43
ne, when to be called, section 130..........................................44, 45
-when to correct report, section 129............................,................... 44
compensation of, section 144....................................................50
when may be had,section 199................................................. 70, 71
ho, summoned, section 1 9.................................................70,    71
liability of for non attendadce: section 201..................................,71
JUDGMENT,
of Justice against cityvhow appeatedfrom, section 232,............................ 80
JUSTICES OF THE PEACE,
jurisdiet'on of, section 75,..................................................... 2G
filing oath of office, section 5,..................................................26
office of, where kept, sect on 76.................................................26
to hear all complaints, section 76....................................... 26, 27
fees of, section 76,.................................................. 26,27
to report on oath of, fines, &c., section 77..........................2.............T
suspended or removed, how, section 77,..........................................27
bonds of, section 78,............................................................ 27
to account for moneys arising from stolen property, section 79..................27,28
power to sell stolen property, section 79.................................2.....7, 28
notice of, filed, &c., section 79,................................................2. 7,28
to deliver stolen property to owner, when, section 80.............................. 28
to sell unclaimed property, when, sectlon 81..................................... 28
proceeds,where pail. sect on 81................................................ 28
when to make return of proceedings, section 217............................. 75
criminal jurisdiction o f, sections 229, 230........................................ 79
LAND,
when common council to take, section 141,..................................... 49
State Auditor to credit city for delinquent taxes of State land, section 104......85, 36
non-resident liable for improvement,  section  164, scin1.................................. 57
LEASES,
when discharged in certain cases section 142.....................................49
LICENSE,
not valid unless countersigned by clerk, seciion 69,................................ 24
see inn-keepers.
LOANS,
provisions in relation to, sectioi  107,.......................................36, 37
MAYOR,
duties of, sections 30, 37 61i,........................................11, 12, 22
93
PAGE, 
INDEX.
PA".
power to saspend ordinances, section 38,....................................... 12,     13
when to vote, section 40........................................................ 13
to sign deed of cemetery lots, section 53........................................ 20
to execute State and city laws, section 61,......2.............................22
to control subordinate officers, section 61....................................... 2
ex-officio conservator of peace, section 64,....................................... 23
may exercise criminal powers of justices of the peace, section 64.................. 23
to approve justice bond, section 78............................................. 27
to athix warrant to assessment roll, section 155................................54, 55
to sign tax list, section 169,...............................................60
to draw trder on highway fund, sectioa 172.....................................61
to sign ioan bonds, section 106,............................................36
MARSIIAL,
duties of, section 73............................................................ 25
fees, e-tion 92,...........................................................    30, 31
to gi-e notice of resolution, section 114,.......................................9, 40
to weite name of jurors, section 1165............................................ 40
how       serve tenire, section 117................................................ 40 41
to draw ju ry slips, section 118................................................. 41
to sunma talesmen, section 119...........................................41
to expend certain moneys, section 101..............................34, 35
to have superv;sion of street inspectors, section 172,.......................60 61
to simmn juryv, section 19,.0 71...................................0, 71
fees of, sec ion 92,..................... 3......................1
to atend recozderls court, section 210..............................73
MAtrE2S,'
conimon council to re6g,ate, section 45,.............................. ee17
MISDEMi AN OR,
mporn infected goods or persons deemed to te, section 240,' 8...............82
M0NIES,
low ap!i60etin12
eou, 172.............................................. 6{0
wbhea t(o be,;awn, section 110......................................,..8
NOYI''ES,
ot' ~peci,lQd election, how given, section o26.                             iO
ci~~~~ ~.  gvn  eto6,.............................i..    0
NON-REONi-E E S see lau ds of.
NUtISANC"S
coNmI n   n ou cil power to abate, section 243,................................ 8
OAT,HS,co'~a"a
who -to adnin.ster, section 248..........................................85
see rath~ of offices.
OBJECTIONS,
to jury  r  _,t 5ho, filed, section 127............................ e. 43, 44
to be f law and suostanue, see'ction 128...............................      44
see ju-y anl commissioner reports.
OFFICERS,
of corporation, section 4,.......................................           2
eligi' ity oi, section 5,.......................................2,
to be elected, section 7.. *                                              4........-.......3,  4
how removed, section 10,....................................... e.          5r S
to be no)t'fied of election, section 23,...............................*-*   9
wben to enter on duities, section 22,........................... 9.....
how qualify, section 23,.........................................           9
how notified, section 23......................................              9
when to hold over, section 35,.....................................  12
when de,lared elected, section 21,...........................         8
suit against, section 250...........................................85, 86
OFFENDER'
when may be confined in county jail, section 227,....................... 78
expenses of commiting, how defrayed, section 84....................... 29
see penalties.
OPDINANCES,
when and how published, sections 52, 70,............................9, 24
relative to side-walks, sections 162,...................................  56
of penalty, when to take effect, section 50,..................................19
when and haw suspended, section 38................................12, 13
when to take effect, section 38,....................................12, 13
PARKS,
common council to have charge of, section 145,.. 5.0, 51
PEDLERS,
provision in relation to, section 45.................................17
PENiALIES,
by whom imposed, section 49,.......................................... 19
how recovered, section 49,.................................9.........19
how collected, section 233,.......................................  80
PENITENTIARY,
to be provided by common cuncil, section 226,..... -....-*...77,78
who confined in, section 227,......~ - -         ~ ~ -... —......   o.  78
when county jail may be usead for, seetion 228?............-.-.*       78
94 
INDE X.
PAGE.
PERJURY,
what to be Deemed, secion 249..................................,., 8
POLICE,
see watchmen.
K. Out
when opened and closed, section 1       1,................................     5
POLL LIST,
how kept,section 19............................................7 8
POOR MASTERS,
general powers, sections 193, 194.................................68, 69
POOR FUND,
what to be, section 195,.......................................69
T     FR'S FIED,
common council to purchase, section 55,...............................20
POUND-MASTERS,
duties of, section 91,...30
PRIVATE PROPERTY
when may be taken, section 114,.................................         39 40
PROPRIETOR OF PUBLT CONVEYANGES,
toreport sick passenfers, section 239,.................................     82
PUIBLIGO CONVEYANCES, see proprietors of.
PUBL1CACA, sections 253,254,.........................................86
QUORUM,
what shall be, section 43.....................................13  14
powers of, section 43,...........................13, 14
RAILOADS,
common council to regulate the use of locomotive, section 45,..................16
RECORDER,
duties of and powers, section 74,................................25, 26
may approve justice's bond, section 78,..............................     27
may hold and keep court, section 196,........                               69
RECORDER'S COURT,
jurisdiction of, section 198,.......................................     70
when and how held, section 2   0 4,.................................   71, 72
proceedings in, section 204,..........................................i   72
powers of, section 209,.......73
to make rules, &c., section 211,....................................         73
to issue execution and process, section 211,...........................73
to fix costs and fees, section 212,....................................73, 74
fees of, section 212,..............................................73, 74
laws relative to circuit court applicable to, section 214,.....................  74
lo hear, try and determine offences, section 22 3,........................     76
when to isssue capias, section 224,.............................-*..... 77
to be court of record, section 225....................................77
power to take recognizance,!section 20',............................... e73
when may confirm jury report, section 129,.................................44
how appeals and certiorari to be determined, section 218,.7....................5
RECOGNIZA-NChS,
when may be taken by recorders court, section 209......................   7.3
REPORTS,
to be made byjury, section 124,....................................4, 3
when to be filed, section 124,......................43
to be sealed, section 124,.....................,   4'
what to contain, section 125....................................... 43
may be confirmed, section 127,....................................43
day appointed to consider, section 127,.............................43, 44
attorney to publish notice of day, section 127,..........................43, 44
objections to, how filed, section 127,.................................    43, 44
consideration of may be adjourned, section 127,.......................43,44
not to be amended, when, section 128, 4................................44
when to be confirmed, section 129,...................................,44
may be referred back to jury, section 129.............................. 44
to be filed in five days from reference, sectlon 129,........................  *44
warrant, when to issue upon, section 139,.............................   47,48
confirmation final, section 137,.......................................47
certified copy, when to be filed, section 138,................................   47
of commissioners, when binding, section 142,.............................49, 50
REPAIRS,
of street, who to make, section 172, 0.................................60
how paid for, section 172,.0........................................60
RESIGNATIONS,
to whom made, section 31........................  -.................  -  11
RESERVOIRS,
common council to establish, section 45,...............................   17
SALARIES,
of aldermen, section 92,.......................................30, 31
of auditor, section 92,..............- ee. *-...30, 31
of clerk, section 92P.......30 i31
95
I 
INDEX.
PAGE
of city attorney, section 92,.............................30,     31
of marshal, section 92,.........30, 31
of property for payment of tax, section 1 0    3,............... 3..........5
net proceeds of, to be returned to city, section 1 03,.                       35
SCHOOL INSPECTORS,
duties, of section 90,.........................................             30
who to be, sectton 252,.........................................86
SE   OF CORPORATION,
clerk to keep, section 69,.......................................           24
SEWERS,
see Sommon council in relation to.
SEXTON,
common council to license, section 45,................................17
SDEWALKS,
who liable to keep clean, section 164,.............................57, 58
E G FUND,
common council to establish, section 109,.............................37
STATE LANDS,
assessment of, section 99,........................................        33, 34
STREE INSPECTORS,
powers of, section 145,.......................................            50,  51
-to give security in certain cases, section 145........................   50, 61
SUITS,,
when to be brought in city name, section 231...............................79
against officers, section 250........................................  85, 86
SURETIES,
who may judge of, section 247,....................................85
deposition of, section 247,......................................             85
SURVEYOR,
duties of, section 91,.........................................              30
SUPERINTENDENTS OF CEMETERY,
board of, duties and powers, section 86,...............................29, 30
to publish report, section 89,......................................   30
SUPREIE COURT,
see courts.
judgment of on appeal, section 134................................. 45, 46
TALESMEN,
when to be summoned, section 203................................. 71
TAXE8,
by whom levied, section 94,.......................................           31
collection of, sectioe 95,......................................       31, 32
property, when forfeited for, section 155.............................       55
who liable for, section 156,......................................55
how recovered, section 156,....................................55, 56
when and how to be refunded, section 159,............................. 56
when to be a lien, sections 102, 161.............................. 3...   35
when to be a lien, section 164,..............................58
of highways, estimates of, section 168..............................         59
lists of filed with clerk, section 169,.......................................  60
lists to be delivered to treasurer, section 169,..........................    60
mayor to sign lists of, section 169,.................................       60
of highway, p ovision in relation to collection of, section 170....................60
property to be sold for, section 176,................................      63
delinquent, how assessed, section 175..................................... 62
TAX ROLLS,
by whom completed, sections 96,167,...............................32, 59
to be delivered to treasurer, section 96,..............................,32
TENANT,
when may collect of lessor for repairs of walk, &c, section 162,..............56, 57
when not liable for tax, section 156.......................................55
TREASURER,
common council to exercise statute powers over, section 57,.................  20
to keep money, section 71,.....................................24, 25
fees of, sections 92, 97,.................................30, 31 32, 33
to collect tax, section 95,.......................................31
bond of, section 95,...........................................    31
to report finances, section 111,..............            38
to collect assessment,whenwarrant issued, section 139,...................   48
to describe premises assessed, section 139..................................48
to return assessment to whom, section 139,.................................48
wheu so take voucher for damage, sectionl40,..........................     48
make certificate of payment. section 140,......................            49
to collect on warrant and report to clerk, section 155,.....-...54, 55
when property not found, section 155,.........                           54, 55
to credit wards with taxes, section 171,..........................60
to pay order, section 172.........................................      -    — 61
books of, how kept, section 173....................................61
96
I 
to rut           on fto lte,.l................... 74
to whm cirected, section 213........................................... 74
how iged, dlied,  dee., etGn 213................................         74
against Cityh bo,' to run, setion 251.......................................86
how and Then served, section 2o,.............................s *.......  8 
4