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HomeMy WebLinkAboutCity Chater as amended 1877, 1879, 1883, 1887, 1889 a � Y I CHARTER OF THE CITY OF LANSING. TITLE I. a CITY POJINDiVRIES, INCORPORATION, AND WARD IOUNDARIES. SECTION 1. The People of tlae ,Stale of Michigan enact, That Boundaries. so much of the township of Lansing, in the county of 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, the east fractional half of"section twenty., and the east half of the northeast quarter of section twenty-seven, 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 CG city of Lansing," by which it shall hereafter be known. Sm. 2. The freemen of said city from time to time,being inhab-Body politic itants thereof, shall be and continue a body corporate and politic, and corporate. 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 Genhl ses. 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 have is common seal, which they may alter and change at pleasure, and by the same name shall be and are hereby made capable of purchas- and disposing of any real and personal ing, holding, conveying, estate for said city. Src. 3. Said city shall be divided into six wards, as follows: wards—divis- i The first ward shall consist of all that part of said city north of ion of city into. the center line of Sheridan street, continued to the east line of the i city limits and the north line of lots seven and eight, block eighteen, lots fourteen and fifteen, block twenty-one, and lot six, block twenty-three, to Grand River, and east and north of Grand Riven; the second ward shall consist of all that part of said city south of the center line of Shiawassee street, continued to the f, } 4 CI3ARTER OF THE western line of the city, to the center line of Waslntenaw street so continued, and west of Grand River; the third ward shall consist of all that part of said city lying south of the center line of Wash tenaw street, continued to the western line of the city, and west ji of the center line of Washington avenue and north of Grand River; the fourth ward shall consist of all that part of said city north of. the second ward, west and south of Grand River; the fifth ward shall consist of all. that part of said. city lying south of the first ward, and east of Grand River, and north of the center.line of 1 Main street, continued to the east line of the city; the sixth ward shall consist of all that territory lying south of the center line of Washtenaw street and. east of the center line of NVashington avenue, and west of Grand River, and all that part of said city lying south of Grand River and of the fifth ward. ` TITLE II. i ELECTORS :AND REGISTRATION. Hiectois. SECTION 1. The inhabitants of said city having qualifications of electors ender the constitution of the State, and no others, shall x be electors therein. where to vote. SEc. 2. Every elector shall vote in the ward where he shall have resided during the ten days next preceding the day of election. Residence The residence of any elector, not being a householder, shall be ; defined. deemed to be in the ward in which he boards or takes his regular meals. Registration in SEC. 3. At least six days before the charter election of 1875, the sixth ward, common council shall appoint in the sixth ward two discreet per- 41 sons, electors of said ward, to be inspectors of such election, who shall have the same powers and perform the saine duties as provided herein for other inspectors of election; in the sixth ward a registry ., of electors shall be made for the said ward by the two electors appointed by the common council to serve as inspectors, who shall be deemed members of the board of registration of the city for said ward for the election of 1875, and who shall, under the direction of the common council, perform such registry, as near as may be, ~according to the provisions of the general law for the registration. of electors. Notice of the time and place of meeting of the board of registration in the sixth ward shall be given by the city clerk, by posting notices in said. ward at least four days before the day appointed by law for the registration of electors in cities. Board of regis- SEC. 4. The board of registration, at their session previous to tration—Buttes of,and ruies for the general election in November, in the year one thousand eight ii n registra- hundred and seventy-six, shall make a re-registration of the quali- fled electors of the respective wards, in books of the form provided by law. The same rules shall be observed in such registration as are provided by law for the registration of electors in cities; and a like re-registration of the electors of each ward shall be made�'t the session of the board next preceding the general election, in the year . eighteen hundred and eighty, and every fourth year thereafter. C X , When such new registry shall be made the former registry of elect- ors shall not be used, nor shall any person vote at any election in such ward after such re-registration unless his name shall be regis- tered in such new register. Notice that such re-registration is required to be made shall be given with the notice of the meeting or session of the board at which it is to be made. TITLE III. ELECTIONS AND APPOINTMENTS. SECTION 1. An election shall be held in.each ward annually, on annnsons- the first _1'Ionday in April, at such place as the common council. shall appoint; and the clerk shall cause printed notices of the holding of said election to be posted at least six days previous thereto, in three of the most public places in each ward. SEC. 2. The common council may order special elections to be peaitons— held, in which case the clerk shall, twenty days previous thereto, deliver to the inspectors of election, in the ward or wards where such special election is to be held, a notice specifying the officers to be chosen, and the day and place at which such election will be held, and lie shall, at least once before the day of such special elec- tion, publish said notice in one of the newspapers of the city. SEC. 3. Such annual or special election shall be held and con- Elections— ducted .. in the manner provided by the laws of this State for h.old- ing general elections, except as is by this act otherwise.provided. SEC. 4. The common council shall provide suitable ballot boxes Ballot llotboxes-- for each ward, with locks and keys,in which to deposit the ballots offered at any election. At arty election for city officers the city and. ward tickets shall be deposited in separate boxes. When the elector delivers his ballot there shall appear on the outside of the one containing the city ticket, the word `'city," and on the out- side of the one containing the ward ticket the word CL ward," and the inspector shall deposit the ballot in the proper box. If found in the proper box no ballot shall be rejected for want of such indorsement. SEC. 7. Immediately after the closing of the polls, the inspectors Canvass oi at ssei o- of election shall, without adjournment, publicly canvass the votes lion. received by them, according to law, and declare the result; and shall oil the same or the next clay, mare a certificate, stating the number of votes given for each person for each office, and shall file such statement and certificate oil the day of election, or on the next day, with the clerk of the city. SEc. fi. At each annual election hereafter to be held in said city officers. there shall.be elected on a city ticket one mayor, one clerk, and one treasurer, who shall hold their offices for one year; but no person shall. be eligible for the office of city treasurer for more than, two consecutive years. At the annual election of 1885, there shall be elected on said city ticket six members of the board of education, of whom two shall hold their offices for three years, and two for two years, and two for one year, and at each annual election there- i > f CI3ARTER OF TIIE after there shall be elected on said city ticket two members of the board of education, who shall hold their offices for three years; and in each ward there shall be elected on a ward ticket one alderman, who shall hold his office for two years, and one constable who shall hold his office for one year, and in the year eighteen hundred and seventy-nine, and at each fourth annual election thereafter, one justice of the peace for the first and fourth wards, and one justice of the peace for the second and third wards, and one justice of.' the peace for the fifth and sixth wards, who shall hold=their offices for four years. Vacancies in SEC. 7. If at any annual election in the said city there shall be office• 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 is voted for, for the said office, shall be designated on the ballot. Elections— SEC. S. The council shall convene on Thursday next succeeding determination of,by council. each election, at their usual 1to dace of meeting and determine the result of the election upon each question and proposition voted upon, and what persons were duly elected at the said election to the several offices respectively, and, thereupon, the city clerk shall make duplicate certificates. under the corporate seal of the city. of such deterinination, showing the result of the election upon any question or proposition voted upon, and what persons are declared, elected to the several offices respectively; one of which certificates he shall file in the office of the county clerk, and the other shall be filed in the office of the city clerk. Election— SEC. 9. The person receiving the greatest number of votes for determination an office in said city or ward shall be deemed to have been duly of Lie vote. y y y elected to such office; but if two or more persons shall receive an equal number of votes for any office, the common council shall appoint a day (if the candidates be not then present) for the appearance before them of all such persons, for the purpose of determining by lot the right to such office, and shall cause notice thereof to be given to all such persons interested. At the time appointed such persons shall draw lots for such office before the common council, in the same manner, is near as may be, as is pre- scribed by law for the drawing of lots by candidates for members of the legislature, and the person successful in the lot shall be declared duly elected. Vacancy in SEC. 10. When a vacancy occurs in the office of alderman, or older ofwhen he refuses or neglects to take the oath of office or when his alderman. election is declared void by a proper tribunal, the common council 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 seventeen nor more than twenty-one days from the Proviso—when time of such appointment: Provaded, That in case any shish necessa not vacancy shall. occur in 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. Notice SEC. 11. It shall be the duty of the clerk of said city, as soon as of election. ' racticable,'and within three days after the election or appointment of any officer or officers, to notify sneli officers respectively- of their election or appointment; and the said officers so notified is afore- oQuaclffication of aid, shall, within ten days after sucll. notice, take the oath of office irescribed by the constitution of this State, before some officer authorized by law to administer oaths, and file the same, together With his official bond, if any be required, in the clerk's office of ;aid city. Within one week after the expiration. of the time in qualify to ,vhich any official bond or oath of office is required to be filed, the city clerk shall report, in writing, to the council the names of the persons elected or appointed to any office, who shall have neglected o file such oath and requisite bond or security for the performance of the duties of the office. SEC. 12. The common council shall oil the first Monday in May, pp ii ted or as soon thereafter as may be, appoint one city marshal, one city attorney, one city auditor, and one or more street inspectors, one chief engineer and one assistant chief engineer of the,fire depart- ment, and so many policemen, watchmen, fire-wardens, pound- m s, inspectors of fire wood., weighmasters, and auctioneers, ,is thy,, ahall from time to time deem necessary, and may appoint a city surveyor, and such other officers is may be necessary to carry into effect the powers granted by this act, who shall hold their Term of office, offices for one year, except street inspector, or inspectors, who shall hold their offices during the pleasure of the common council; and on the first Monday in December, or as soon thereafter as may be, in the year eighteen hundred and seventy-seven, and each alternate year thereafter, the common council shall appoint one city assessor, who shall hold his office for two years from the first day of January next following his appointment, but no person shall be appointed to any office by the common council except by a majority vote of all the members of the coinrnon council elect: Provided, That on Proviso. the fourth 1'Ionday in March, or as soon thereafter as may be, in the near eighteen hundred and seventy-seven, the common council shall appoint one city assessor, who shall enter upon the discharge of his duties on the second Monday of April, in the year one then- sand eight hundred and seventy-seven, and whose terns of office shall expire on the 31st day of December, eighteen hundred and seventy- seven; and the common council may by ordinance prescribe their duties in addition.to those defined in this act. Whenever any offi- cer appointed by the provisions of this section shall from any cause be unable to perforin the ditties of his office, the common council shall have power to appoint an ofTcei° who shall perform the duties of the office until such inability shall cease. SEC. 13. If any person elected or appointed under this title shall Failure to take oath and file not take and subscribe the oath of office,and file the same as therein bona, directed, or shall not clause a notice of acceptance to be filed as therein directed, or if required by the common council to execute official bond, or undertaking, shall neglect to execute and file 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 q CHARTER OF THE incumbent, such oath shall be taken, such acceptance be signified, and such bond executed and filed as aforesaid. ,officers to SEc. 14. Whenever any officer shall resign or be removed from •deliver effects of office to office,or the terns for which he shall have been elected or appoints -.successors. shall expire, he shall, on demand, deliver over to his successor in office all the books, papers, moneys, and effects in his custody as such officer, and in any way appertaining to his office; and every Failure to person violating this provision shall be deemed guilty of a misde- comply. mean.or,and may be proceeded against in the same manner as public officers generally for the like offense, under the general laws of this State now or hereafter in force and applicable thereto; and every officer appointed or elected under this act shall be deemed an officer within the meaning and provisions of such general laws of the State. Vacancies— SEc. 15. In case a vacancy shall occur in any of the offices in bow filled. this act declared to be elective or appointive, except aldermen, members of the board of education, and justices of the peace; the common council may, in their discretion, fill such vacancy by the appointment of a suitable person; 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 neat succeeding; if an elective office which shall have become vacant was one of that class whose term of office continue after the next annual election, a successor for the unexpired term shall be elected at the next annual election. Terms of office SEc. 16, Any person elected or appointed to any office under this —extent of- act, at the expiration of the term thereof, shall continue to hold the same until his successor shall be elected or appointed 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. Eligibility to SEc. 17. No person shall be eligible to any office unless he shall office. then bean elector and resident of said city, nor shall lie be eligible: to any office for any ward or district unless he shall then be an Defaulters elector and resident of such ward or district; and no person shall ineligible, be elected or appointed to any office in the city who has been or is a defaulter to the city, or to any board of officers thereof, or to any school district, county, or other municipal corporation of the State. All votes for, or any appointment of, any such defaulter shall be void. offices,when . SEc.'18. If any officer shall cease to be a resit'-nt of the city, or vacant by act of if eleJecl in and for a ward, shall remove therefrom during his incumbent. term vt office, the office shall thereby be vacated. If any officer shall be a defaulter the office shall thereby be vacated. Resignations. SEC. 19. Resignations by any officer authorized to be chosen or appointed by this act, shall be made to the common council, sub- Proviso—mem- ject to their approval and acceptance: Provided, That resignations hers of board of members of the board of education sisals be. made to and accepted Of education. Proviso—uabai-by said board: Provided f�crtlterl The resignation or removal of ties not officer shall not, nor shall the appointment or election of moved byy resig-any nation. another to the office, exonerate such officer or his sureties from any liability incurred by him or th.eni. SFr,. 20. The expenses of any election held as provided by this Expense of act or by the laws of the State, shall be a ward charge, and paid election. from the ward fund. SEC. 21. All officers elected as hereinbefore provided shall enter Term of office— upon the duties of their respective offices on the first Monday of When to begin. iMay next following such election, unless otherwise herein provided. TITLE ITT. POWERS AND DUTIES OF TIIE COMMON COUNCIL. SECTION. 1. The mayor and aldermen of said city,shall consti-o until a tote the common council. SEC. 2. The mayor shall be president of th e council and s11a11 Mayor to be preside at the meetings thereof, but shall have no vote therein president of. except upon the appointment of officers or in case of a tie. SEC. 3. On the first Monday in _May in each year the council President pro ,,ll appoint one of their numberpresident pro ternp07°e of the tem.of council. _lncil, who in the absence of the president shall preside at the meetings thereof, and exercise the powers and duties of president. He shall have a vote upon all questions. In the absence of the president and president Irr•o lc qn., the council shall appoint one of their number to preside; and for the time being he shall. exercise the powers and the duties of the president pro te7v_ SEC. 4. The city clerk shall be clerk of the council., but shall Clerkcity of cocler toil have no vote,therein. He shall keep a full record of all the pro-be. ce.edings of the council, and perform such other duties relating to his office as the council may direct. In` the absence of the clerk the council shall appoint one of their number to perform the duties of his office for the time being. SEC. :5. The aldermen, each of whom shall be entitled to a vote Aldermen—du- ties of,as mem- in all the proceedings of the council, are I'eguur ed to attend.all the berg of council. meetings and sessions thereof,, and to serve upon connlnittees when- ever appointed thereon. SI o. 6. The council shall be judge of the election, returns, and e sunciand me9- qu ulifications of its own members. It shall. hold regular stated ings of,regular meetings for the transactiol�l of business, at such times and places and special. within the city as it shall prescribe; not less than two of which shall. be held in each month. The mayor or any three members of the council may appoint special meetings thereof, notice of which, in writing, shall be given to each alderman, or be left at his place of residence, at least twelve hours before the meeting. SEc. 7. All meetings and sessions of the council shall be in pub-aunt gso of lie, except when the public interests shall in their opinion require public secrecy. A majority of the common council shall make a quorum Quorum. for the transaction of business; a less number may adjourn from f.ime to.time, and may compel the attendance of absent members in h maner as they shall direct. But no office shall be created or Two-thirds vote ­00lished, nor any tax nor assessment be imposed, street, alley, or a e aldermen 10 CHARTER OF THE public ground be vacated, real estate or any interest therein sold or disposed of, or private property be taken for public use, unless by a concurringb vote of two-thirds of all the aldermen elect; nor shall any vote of the council be reconsidered or rescinded at a special meeting, unless there be present as many aldermen as were present Diajority vote. when such vote was taken. No money shall be appropriated except by ordinances [ordinance] or resohition or vote of the council; nor shall any resolution or ordinances be passed or adopted except by a majority vote of all the members of the common council elect. council to SEC. 8. The council shall prescribe the rules of its own proceed.- make its own rules, ings, and keep a record or journal thereof. All votes on the Votes—Low adoption of any resolution or ordinance, report of a committee, or taken, other act for taxing or assessing the citizens of said city, or involv- ing the appropriation of public moneys, shall be taken by yeas and nays, and be so entered upon the journal. as to show the names of those voting in the affirmative and those in the negative; any one member of the council shall have the right to demand the yeas and nays on any question; and all votes so taken shall be entered at large on the minutes, as herein provided.. Council may SEC. 9. The council may compel the attendance of its members come®i attend- once, etc. and other officers of the city at its meetings, in such manner, and may enforce such fines for non-attendance, as may by ordinance be prescribed; and may prescribe punishment for any misbehavior, contemptuous or disorderly conduct by any member or any person present at any session of the council. Certain officers SEC. 10. The city attorney, city marshal, city auditor, street to have seats in commissioners,, city surveyor, and engineer-of the fire department council. shall have seats in the council, and may take part in all its proceed- ings and deliberations on all subjects relating to their respective departments, subject to such rules as the council shall from time to time prescribe, but without the right to vote. Said officers may be i required to attend the meetings of the council in the same manner as members. council—gen- SEC. 11. The common council, in addition to the powers oral eras Powers or. duties especially conferred upon them in this act, shall have the s management and control of the finances, rights and interests, buildings and all property, real and personal,belonging to the city, and may make such orders and by-laws relating to the sane as they shall deem proper and necessary. Recoras of the SEc. 12. The council shall cause all the records of the corpora- city—care ant' Lion, and of all proceedings of the council, and all hooks, doeu- use of. meets, reports, contracts, receipts, vouchers and papers, relating to the finances and affairs of the city, or to the official acts of any officer of the corporation (unless required by law to be kept else- where), to be deposited and kept in the office of the city clerk, and to be so arranged, filed and kept, as to be convenient of access and inspection, and all such records, books and papers, shall be subject to inspection by any inhabitant of the city,or other person interested therein, at all seasonable tines, except such parts thereof as in the opinion of the council it may be necessary for the furtherance of justice to withhold for the time being. Any person who shall secrete, injure, deface, lter, or destroy any such books, records, Injury to the same—Penalty documents, or papers, or expose the same t0 loss Or destruction, for. with intent to prevent the contents or true meaning or import of any thereof from being known, shall, on conviction thereof, be punished by imprisonment in the State prison, not longer than one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment, in the discretion of the court. members of SEC;. 13. No member of the common council shall, during the council lnellgi- period for which he was elected, be appointed to, or be competent affix thto en to hold, ally office of which the emoluments are paid from the city GS&c7in con- any or paid by fees directed to be paid by any act or ordinance of the common Council, or be bondsmen or surety on any contract or bond given to said city; but this section shall not be construed 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 penalty for via- may be entitled by virtue of his office. Any member of the coup-lation of this cil, or officer of the city herein specified, offending against the pro-section. —isions of this section shall, upon conviction thereof, be fined not s than five hundred nor more than one thousand dollars, or be 'Inprisoned in the County jail not less than one nor more than six months, or both, in the discretion of the colirt and shall forfeit his office. Removal of i Sao. 14. tiny person appointed to office by the council by officers. antllority of this act, may be removed therefrom by a vote of the jmajority of the aldermen elect; and the Council may expel any ! any person elected thereto, by it concurring vote of two-thirds of all the aldermen elect. In case of alderman., or remove from office elective officers provision shall be made, by ordinance, for prefer- me; and no removal of an elective ring charges and trying the sa officer shall be made unless a charge in writing is preferred, and. an Opportunity given to make a defense thereto. d g t against oHlccrs. SLC;, '1,o enable the council to investigate chal°ges against any Trial°e c'arses officer, or such other matters as they may deem proper to invest gate, the mayor, or any justice of the peace of the city is enlpow- Bred, at the request of the Council., to issue subpo.,llas or process by warrant, to compel the attendance of persons and the prodnctioll of books and papers before the Council or any committee thereof. SP,c;, 1(1. Whenever the council or any committee Of the members council may compel attend- are authorized to compel the attendance of witnesses for nes8es, wit- thereof, the investigatioli Of matters which may come before them, the pre- siding officer of the Council or chairman of such committee for the p tiln.e being, shall have power to administer the necessary oaths; and such council or committee shall have the same power to compel the ustices of the peace. witnesses to testify as is Conferred on courts of j Audit of^ao- Src. 17. The council shall audit and allow all accounts charge- counts against able against file city; but no account, or claim, or Contrac 1 shall co soot Tnrnlea be received for audit or allowance, unless it shall be accom lamed with an affidavit of the person rendering it, which affidavit may be common Council to the taken ailfl certified by any member of the effect that he verily believes that the services or property therein 12 CHARTER OF THE ri charged have been actually performed or delivered for the city,that the sums charged therefor are reasonable and just, and that to the best of his knowledge and belief no set-off exists, nor payment has been made on account thereof, except such as are indorsed or referred to in such account or claim;'and has been duly examined by and received the indorsement of the city auditor, unless such indorsement shall be waived by a two-thirds vote of the common is council, in which case, if the claim is allowed it shall be reported to the city auditor. And every such account shall exhibit in detail all the items making up the amount claimed, and the true date of each. It shall be a sufficient defense in any court, to any action or proceeding, for the collection of any demand or claim against the city, that it has never been presented, verified as aforesaid, to the council for allowance; or, that the claim was presented without the affidavit aforesaid, and rejected for that reason; or that the action or proceeding was brought before the council had a reasonable time to investigate and pass upon it. Special sub- Siic. 18. The common council shall have power within said city j which the to enact, make, continue, establish, modify,amend and repeal such ginci tel ordinances, by-laws, and regulations as they may deem advisable within said city for the following purposes Prevention of First, To restrain and prevent vice and immorality, gambling. vices,riots,etc. noise and disturbance, indecent or disorderly conduct: or assem- blages, and to punish for the same; to prevent and quell riots; to reserve peace and good order, and to protect the property of the p' 1 €; 1- p' 1 Y i corporation, and of its inhabitants, and of any association, public or private corporation or congregation therein, and to punish for injuries thereto, or for unlawful interference therewith; vagrancy. Second, To apprehend and punish vagrants, drunkards, disor- derly persons, and common prostitutes; Nuisances. Third, To prevent injury or annoyance from anything danger- ous, offensive, or unhealthy; to prohibit and remove anything tend- ing to cause or promote disease; to prevent and abate nuisances, and to punish those occasioning them, or neglecting or refusing to abate, discontinue or remove the same; and generally to determine and declare what shall be deemed nuisances; Disorderly and Pourt1L, To prohibit and suppress all.disorderly houses and places, Qom e$etc, houses of ill-fame, assignation houses, gambling houses, and all places where persons resort for gaming or to play at games of chance, and to punish the keepers thereof; Billiard tables, Fifth, To regulate, license, or prohibit and suppress billiard ate. tables, nine or ten-pin alleys or tables, and ball alleys, and to pun- ish the keepers thereof; Gaming,etc. Sixth, To prohibit and suppress every species of gaming, and to authorize the seizure and destruction of all instruments and devices used for the purposes of gaming; Intemperance, Seventh, To regulate, prohibit and suppress ale, beer and porter etc. houses, and all places of resort for tippling and. intemperance, and to punish the keepers thereof, and all persons assisting in carrying on the business thereof; and to require all sucli places, to be closed on the Sabbath day, and upon such other days, and during such hours of every night, as the council shall prescribe; Eagld a, To prohibit and, prevent the selling or giving away of Sale of liquor. any spirituous, fermented, or intoxicating liquors to any drunkard or intemperate person, minor or apprentice, and to punish any per- son so doing; yt nlh, To regulate, restrain, an(I prohibit all sports, exhibitions Ltxhibitions,etc_ of natural or artificial curiosities, caravans, circuses, menageries, theatrical exhibitions, shows, and all exhibitions, of whatever name or nature, for which money or other reward is in any manner demanded or received; lectures on historic, literary, moral, or scientific subjects excepted; Rnfl., To prevent and punish violations of the Sabbath day, %abbaion of the and the disturbance of any religious meeting,, congregation or soci- ety or other public meeting assembled for any lawful purpose; and to require all places of business to be closed on the Sabbath day; Eleventh, To license auctioneers, and sales at auction, to regu- Auctions, etc. late or prohibit the ringing of bells, or the use of any other device +-) attract public attention for any auction sale; to regulate or pro- At the sale of live or domestic animals at auction in the streets "f alleys, or upon any public grounds within the city; to regulate or prohibit the sale of goods, wares,, property, or anything at auc- tion, or by any manner of public biddings, or offers by the buyers or sellers after the manner of auction.sales or Dutch an.ctions, and to license the same, and to regulate the fees to be paid by and to auctioneers; but no license shall be required in cases of sales required by law to be made at auction or public vendue; Tivgf lb, To`license hawkers, peddlers, and pawnbrokers, and Peddlers, etc. hawking and peddling; and to regulate, license or prohibit, the sale or peddling of goods, wares, merchandise, refreshments, or any kind of property or thing by going; about from place to place in the city for that purpose, or from any stand, cart;, vehicle, OX other device, in the streets or highways; Th r rte(Wh, To establish and regulate one or more pounds, and rounds and running at large to restrain.and.regulate the running at large of horses,cattle, swine, of animals. and other animals,geese,and poultry,ancl to authorize the inipoluld- ing and sale of the same for the penalty incurred, ancl the cost of keeping, and impounding; ro?trteen,th, To regulate,license,or prohibit the running at large Dogs. of dogs, to inn pose taxes on the owners of dogs, and to prevent clog fights in the streets; PifW ath, To prohibit any person from bringing and depositing Dead carcasses. within the liinits of said city, any dead carcass, or other unwhole- some or offensive substances, and to require the removal or destruc- tion thereof. if any person shall have on his premises such sub- ,stances, or any putrid meats, fish, hides, or skins of any kind, and on his failure to remove the same, to authorize the removal or destruction thereof, by some officer of the city; Sixteenth, To regulate and license all taverns and houses of pub-a ern eta �c entertainment;,all saloons, restaurants and eating houses; ,S`eventeentla, To license and regulate all. vehicles, of every kind, n ticks,drays„ 8 14 CHARTEP OF THE used for the transportation of persons or property for hire, in the City; Inspection of L'ighteenth, To provide for and regulate the inspection and sale provisions,etc. of meats, poultry, fish, butter, cheese, lard, vegetables, flour, meat and other provisions; to regulate the fees to be paid by butchers for Proviso—sale of license: Provided, That nothing herein contained shall authorize meats the quarter.r. the common council to restrict the sale of fresh and wholesome meats by the quarter within the limits of the city; Inspection of Nineteenth, To regulate the inspection, weighing, and nreastur- wood,hay,etc. ing of brick, lumber, firewood, coal, hay, and any article of mer- chandise; Weights,etc. Twenliet.It, To provide for the inspection and sealing of weights r and measures; Twenty- first, To enforce the keeping and use of proper weights and measures by venders; Cisterns, Tiventz1-second, To regulate the construction, repair and use of sewers, etc. vaults, cisterns, areas, hydrants, pumps, sewers, and gutters; Obscenity. Tivenly-third, To prohibit and prevent, in the streets, or else- where in said city, indecent exposure of the person, the show, sale, or exhibition for sale, of indecent or obscene pictures, drawings, engravings, paintings, books, or pamphlets, and all indecent or obscene exhibitions and shows of every kind; Bathing intbe Twenty fourth, To regulate or prohibit bathing in the rivers, river. ponds, streams and waters of the city; Clearing the Twenty-fifth, To provide for cleaning the rivers, fronds, and. suers or drift,etc, streams of the city, and the races connected therewith, of all drift- wood and noxious matter; to prohibit and prevent the depositing therein of any filth or other matter tending to render the water thereof impure, unwholesome, and offensive; to fill up all low grounds or lots covered, or partially covered, with water, or to drain the same, as they may deem expedient; Cleansing of Twenty-sixth, To compel the owner or occupant of any grocery, shops,stables, sewers,etc. tallow-chandler shop,-soap or candle factory, butcher shop or stall,, slaughter-house, stable, barn, privy, sewer, or other offensive, naur- seous, or unwholesome place or house, to cleanse, remove, or abate the same whenever the council shall deem it necessary for the health, comfort or convenience of the inhabitants of said city; -combustible Tivettty-seveWA, To regulate the buying, selling and using of materials. gunpowder, fire-crackers, and fire-works, and other combustible materials, and the exhibition of fire-works, and the discharge of fire-arms, and to restrain the making or lighting of fires in the streets and other open spaces in the city; Construction of Ttmwt qj-eiglitli, To direct and regulate the construction of cellars, cellars,drains, etc. slips, barns, private drains, sinks, and privies; to compel the owner or occupant to fill up, drain,cleanse, alter,re-lay or repair the same, or to cause the same to be done by some proper officer of the corpo- ration, and to assess the expenses thereof on the lot or premises having such cellar, slip, barn, priv-ate drain, sink or privy thereon; Mock auctions. Tive hl-ninth, To prohibit, prevent and suppress mock-auctions, and. every kind of fraudulent game, device or practice, and to pulr- ish all persons managing, using, practicing, or attempting to rnan- age, use or practice the same, and all persons aiding in the manage- anent or practice thereof; TAirtielh, To prohibit, prevent, and suppress all lotteries for the Lotteries. drawing or disposing of money or any other property whatever, and to punish ill persons maintaining, directing, or managing the same, or aiding in the maintenance, directing or managing' the same; TTi,irly first, To license and regulate solicitors for passengers or Runners,etc. for baggage for any hotel, tavern, public house, boat or railroad; also draymen, carmen, truckmen, porters, runners, drivers of cabs, hackney coaches, omnibuses, carriages, sleighs, express vehicles, and vehicles of every other description used and employed for hire, and to fix and regulate the amounts and rates of their compensa- tion; Thirty-second, To provide for the protection and care of paupers, Paupers. and to prohibit and prevent all persons from bringing to the city from any other place, any pauper, or other person, likely to become a charge upon said city, and to punish therefor; Thirty-lhird, To provide for taking a census of the inhabitants census. the city, whenever the council shall see fit; and to direct and adate the same; T74rtyfo�trtk., y�nd futher: The council shall have authority too theaeounc3rs enact all ordinances,, and to make all such regulations, consistent with the laws and constitution of tine State, as they may deem necessary for the safety, order, and good government of tine city and the general welfare of the inhabitants thereof; but no exclusive rights, privileges, or permits shall be granted by the council to any person or persons, or any corporation for any purpose whatever; Tltirly-jrf't1a, And further: The council shall have authority to Destruction iief require all thistles, burdocks, yellow docks, and other objectionable weeds, weeds fomid growing on any public or private property within the city limits to be destroyed. But before entering upon any private property for the purpose of destroying the weeds mentioned herein the council shall cause a notice written or printed or partly written and. partly printed to be served on the owner or occupant of said property, requiring their destruction within five clays after service of such. notice. If no service of such notice can.be had upon the owner or occupant, then it shall be sufficient to post the same in some conspicuous place on the premises, and the cost of removing such weeds shall be paid from the city treasury,, and the same assessed against the property in the nest general assessment roll of the city. Pi. The council unay prescribe the terms and conditions Council to fix terms of licen- upon which licenses may be granted, and may exact and require ses,etc. paylnen.tt of such sum for any license as they may deem proper. The person receiving the Hcense shall, before the issuing thereof, execute a bond to the corporation in such sum as the council may prescribe, with one or more sufficient sureties, conditioned for a faithful observance of the charter of the corporation, and the ordi- aces of the council, and otherwise conditioned as th.e cotmcil may rt•escribe. Every license shall be revokable by the council at 16 CIIARTER QP TIIE i may revoke pleasure; and when any license shall be revoked for non-compliance same. with the terms and conditions upon which it was granted, or on account of any violation of any ordinance or regulation passed or authorized by the council, the person holding such license shall, in addition to all other penalties imposed, forfeit all payments made for such license. i Terms of SEC. 20. No license shall be granted for any terni beyond the liceusese. first Monday in 11Iay neat thereafter, nor shall any license be trans- Failure to on. ferable. And the council may provide for punishment by fine or taro a license- imprisonment, or both, of any person who, without license, shall exercise any occupation or trade, or do anythirng for or in respect to which any license shall be required, by any ordinance or regula- tion of the council. All slims received for licenses granted for any purpose by the city, or under its authority, shall be paid into the city treasury on or before the last day of the month oil which they were received. License,who SEC. 21. No person shall engage in or exercise the business or � are required. vocation of tavern-keeper, inn-holder, or saloon-keeper. within the. limits of said city, -until lie is first licensed as such by the common council; all hotel or tavern-keepers, inn-holders or common victualers who shall keep a bar in connection with their hotel, tavern, inn, or common victualing establishment, and. all grocers, druggists and all other persons who shall sell beverages by the glass or cup in their respective establishments which are usually sold in a saloon, shall be deemed saloon-keepers, within the meaning of this act, and shall be required to take a,license as such. General law SEC, 22. The common council shall have and exercise in and ,powers of council. over said city the same powers in relation to the regulation of tav- erns, groceries, common victualers, 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 victualers, and subject to the same conditions and limitations; and the general laws of this State now in force, or which -nay hereafter be enacted in relation to the regulation of taverns, groceries, and common victualers, shall be deemed applicable to this city, unless otherwise limited. Control of mill SEC. 23. The common council shall also have power,by ordinance races,etc. or otherwise, to require the owners or occupants of any mill-race within the said city, to cover the same with bridges or arches, to be constructed of 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. Idem. SEC. 24. Whenever the owner or occupant of any inill-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 directed,it shall be lawful for the common coun- cil 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. 25. Where,by the provisions of this act, the common coun- cil have authority to pass ordinances on any subject, they may pre- council may scribe a penalty not exceeding one hundred dollars (unless the tteep.. penal. imposition of it greater penalty be herein otherwise provided) for a Limit of same. violation thereof, and may provide that the offender, on failing to pay the penalty imposed, shall be imprisoned in the city peniten- tiary for a term not to exceed ninety days; and during the term of Persons Im- prisoned may such imprisonment male persons so imprisoned may be kept at hard be put at work labor on the public grounds, streets, roads, severs, drains, bridges, etnothe streets, or other property of the city, under such regulations as the common council may by order prescribe; or such penalties may be sued for and recovered with costs in the name of the city of Lansing. SEC. 26. No ordinance of the common council, imposing a pen- be Ordinances o alty,shall take effect until after the expiration of at least three days after the publication thereof in a newspaper published'in said city. SEC. 27. A record of entry made by the clerk of the said city, or Pro cation. a copy of such record or entry duly certified by him,shall be Prima fcuie evidence of the time of such publication; and all laws, regn- lations, and ordinances of the common council may be read in eVl-Ordinances in dense, in all courts of justice, and in all proceedings before any Coart—Proof of. Icer,body,or board in which it shall be necessary to refer thereto, �ier— 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. 28. Whenever the common council are required by law to Publicationof make publication of any notices, ordinances, or resolutions, or notices• proceedings, in one or more newspapers of the said city, it shall be deemed sufficient to publish the same in any daily or weekly news- paper published in said city. SEC. 29. On the last Tuesday in the month of April, in each settiementwith year, the common council shall audit and settle the accounts of etc troasarer, the city treasurer, and the accounts of all other officers and persons having claims against the city or accounts with it, and shall make council to make out a statement in detail of the receipts and expenditures of the anauni financial statement. corporation during the preceding year, in which statement shall be clearly and distinctly specified the several items of expenditure by the common council, the objects and purposes for which the same were m.a e, and the amount of money expended under each; the amount of taxes raised for the general contingent expenses; the amount raised for lighting and watching the city; the amount of highway taxes and assessments; the amount of assessments for opening, paving, planking, repairing, and altering streets, and building 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 necessary to a full understanding of the financial concerns of the city. SEC. 34. The said statement shall be signed by the mayor and same to be -jerk, and filed with the papers of the city, and may be published published. some newspaper of the city if ordered by the common council, ,,ithin ten days after the receipt of said statement. 3 18 CHARTER OF THE Veto of ordi Sm. 31. No ordinance or resolution passed by the common nances. council shall have any force or effect, if on the day of its passage, or on the next clay thereafter, the mayor, or other officer legally discharging the duties of mayor, shall file in the office of the city clerk a notice in writing, suspending the immediate operation of Passage of such ordinance or resolution. If the mayor or other officer legally same over veto. exercising the duties of mayor, shall, within twenty-four hours after the passage of such ordinance or resolution, file 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 any legal operation, unless it shall, ,it, it 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, and if so re-passed shall go into effect according to the terms thereof. If such reasons in writing shall not be filed with the clerk, as above provided, such ordinance or resolution shall have the same opera- tion and efl'.ect as if no notice suspending the same had been filed 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. Notification of SEC. 3w. It shall be the duty of the city clerk to communicate to veto. the common council, at its next meeting, any paper that may be filed with him pursuant to the last preceding section. Power to make SEc. 33. The common council shall have power to snake, contracts contracts. for the performance of any work to be done, or any public improve- ment to be made in and for said city. Control over SEc. 34. The council of the city shall have authority to permit railroads in the city. any railroad company to lay its track, and operate its road with steam locomotives, or other power, in or across the public streets, highways, or alleys of the city, as the council may deem expedient, upon such terms and conditions, and subject to such regulations, to be observed by the company, as the council may prescribe; and to prohibit the laying of such track, or the operating of any such road, except upon such terms and conditions. , Idem. SEc. 35. The council. shall have power to provide for and change the location and grade of street crossings of any railroad track; and to compel any railroad company to raise or lower their railroad track, to conform to street grades which may be established by the city from time to time; and to construct crossings in such manner, and with such protection to persons crossing thereat, as the council may require; and to keep them in repair; also to require and com- pel railroad companies using steam locomotives to keep flagmen or watchmen at all railroad crossings of streets, and to give warning of the approach and passage of trains thereat, and to light such cross- speed of trains. ings during the night; and to regulate and prescribe the speed of all locomotives and railroad trains within the city; but such speed shall not be required to be less than four miles per hour; and to impose a fine of not less than five nor more than fifty dollars upon the company, and upon any engineer or conductor, violating any ordinance regulating the speed of trains. U11 L UP lLAiN O11V ls. 1`J SEC. 36. The council shall have power to require and compel any Idem—ditehes, railroad company, and any street railway company, to make, keep culverts,etc. open and in repair, such ditches, drains, sewers, and culverts along and under, or across their railroad tracks, as may be necessary to drain their grounds and right of way properly, and in such manner as the council shall direct; and so that the natural drainage of adjacent property shall not be impeded; also to fence or wall up with stone along the side of any street to which said railroad may run parallel, and to repair any damage or injury which may have been done to such street by any such railroad company. If any such railroad company shall neglect to perform any such require- meut, according to the directions of the council, the council may direct the work to be done at the expense of such company, and the amount of such expense may be collected at the suit of the city against the company, in a civil action before any court having juris- diction of the cause. SEC. 37. The council may make such provisions as they shall a ceie orforoor; deem expedient, for the support and relief of poor persons residing it `lie city; and.for that purpose may provide by ordinance for-the ion or appointment of a director of the poor for the city, and may prescribe his duties and vest him with such authority as may be proper for the due exercise of his duties. SEC. 33. The council may at any time require any officer,whether New bonds may elected or appointed, to execute and file with the clerk of the city officers fired of new official bonds, in the same or in such further sums, and with new or such further sureties as said council may deem requisite for the interests of the city. Any failure to comply with such require- ment shall subject the officer to immediate removal by the council. SEC. 39. The common council shall have power to erect lamp e scion of. osts— posts, and assess the expense thereof on the particular property deemed by the common council to be benefited thereby, in the manner provided in title twelve of this act. SEC. 40. The common council shall have power, when requested str et sprioun g so to do by a majority of the property owners or lessees of any lot or tocontroa. block, or parts of lots or blocks, abutting upon any portion of a public street of said city occupied for business purposes, to cause such portion of said street,so occupied, to be sprinkled with water in such manner as the common council may by ordinance or otherwise provide and direct, and assess the expense thereof on the real prop- erty abutting upon such street, and the personal property on the premises adjacent to where such sprinkling is done, and deemed to be benefited thereby by the common council, in the manner pro- vided in title twelve of this act. SEC. 41. The common council of said city shall have power and cityi pee iteu- ction authority, whenever they shall deem it expedient, to provide a city and care of. 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 ority of law; ,and the said common council shall appoint all _.;ers necessary for said penitentiary, prescribe their powers and duties, regulate the time and manner such prisoners shall be kept 20 CHAPTER of THE 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 necessary and proper. Water works. SEC 42. The common council may establish and provide water works for said city in the manner provided by "An act to authorize the introduction of water into, and the construction or purchase of hydraulic works in the cities and villages of the State of Michigan," approved August four, eighteen hundred and seventy, and the acts amendatory thereof, or may authorize:the formation of a company or companies for such purpose as provided in chapter one hundred Proviso. and twenty-eight of the compiled laws: Provided, 7torvever, That the question of constructing such water works shall first be sub- mitted to a vote of the tax-payers of said city in the manner pro- vided by section five, title thirteen, of this act: _.J.nd providedd fur- ther, That any indebtedness under this section shall be subject to the limitations prescribed by section thirteen, title thirteen, of this act. TITLE V. DUTIES AND COMPENSATION OF OFFICERS.—THE MAYOR. Mayor—powers SECTION 1. The mayor shall be the chief executive officer of the and duties of. city. He shall preside at the meetings of the council, and shall from time to time give the council information concerning the affairs of the city, and recommend such measures as he may deem expedient. It shall be his duty to exercise supervision over the several departments of the city government, see that the laws relat- ing to the city, and the ordinances and regulations of the council, are enforced. Conservator of SEC. 2. The mayor shall be a conservator of the peace, and may the peace. exercise within the city the powers conferred upon sheriffs to sup- press disorders; and shall have authority to command the assist- ance of all able-bodied citizens to aid in the enforcement of the ordinances of the council, and to suppress riot and disorderly con- duct. To have control SEC. 30. The mayor may remove any officer appointed by him at of officers. any time, and may suspend any policeman for neglect of duty. He shall have authority at all times to examine and inspect the books, records,and papers of any agent, employe, or officer of the corpora- tion, and shall perform generally all such duties as are or may be prescribed by the ordinances of the city. Vacancy an SEC. 4. In the absence or disability of the mayor, or of any office of. vacancy in his office, the president pro fem.pore of the council shall perform the duties of mayor. ALDERMEN. Aldermen— SEC. 5. The aldermen of the city shall be members of the council, duties of. and attend the meetings thereof, and act upon committees when thereunto appointed by the mayor or council. As conservators of fS the peace, they shall aid in maintaining quiet and good order in the city, and in securing the faithful performance of duty by all officer of the city. No alderman shall be elected or appointed to may not all any t any other office in the city during the term for which he was elected other offices. as alderman. Src. G. That alderman in each ward of said city whose term of Supervisors— what aldermen office shall soonest expire shall be a member of the board of super-to be. visors of the county of Ingham, and is such shall exercise the fulle- tions, perform the duties and receive the same compensation as supervisors of townships, and shall have and exercise within his ward the local powers, authority and functions of supervisors of townships as now provided, or may hereafter be provided, by law; and in case of vacancy, by death of such supervisor, or by reason of who to be substitute. sickness or other disability to perform the duties of such local supervisor•of his ward, the associate alderman of the same ward is hereby authorized to perform his duties until such disability shall cease. And a certificate of appointment from the supervisor, or in case of his death or inability to give such certificate, a certificate of fhe mayor, shall be sufficient authority to entitle such associate erman to recognition, if objected to, as the proper representa- ..ve for his ward for the time being, at any meeting of the board of supervisors of Ingham county. I3e shall in addition thereto exer-h hire officer. cise the duties and functions of health officer of his ward, and by virtue of his office shall be the member from said ward, of the city board of health of said ward, and perform all the duties as such member as provided in title seven of this act. CITY CLERK. SEG. 7. The city clerk shall keep the corporate seal, and all the clerk—duties documents, official bonds, papers, files, and records of the city not and powers of, by this act or the ordinances of the city intrusted to some other officer; he shall be clerk of the council; shall attend its meetings, ll mount o be record all its proceedings, ordinances and resolutions, and shall reported to countersign and register all licenses granted, and report the same, eonncil. with the amount thereof, to the auditor; he shall, when required, sea copies k r i make and certify under the seal of the city, copies of the papers records. and records filed. and kept in his office; and such copies shall be evidence in all places of the matters therein contained, to the same extent that the original would be; lie shall possess and exercise the powers of township clerk so far as the same are required to be per- formed within the city; and he shall have authority to administer oaths and affirmations. The clerk shall be entitled to a fee of fifty Fees of. cents for each and every license issued by him, to be paid by the person obtaining the same. SFe. S. The city clerk shall draw all warrants upon the treasury Clerk's a for the payment of all claims duly allowed by the common Council, rants for par. or for any and all school moneys in said treasurer's hands, when-maims f all ver properly called for by said school board or its duly authorized ,presentative, subject to the requirement of this act designating the proper fund from which payment should be made. When any TV } 22 CHARTER OF THE } clerk to report tax or money shall be levied, raised or appropriated, the clerk shall 'It I the amount thereof to report the amount thereof to the city treasurer and auditor, stating treasurer the objects and funds for which it is levied,raised, or appropriated, and auditor. and the amounts thereof to be credited to each fund. #., Idem. SEC. 9. He shall exercise a general supervision over all officers charged in any manner with the receipt, collection and clisbuuse- =i ; ment of the city revenues, and over all the property and assets of the city; he shall have charge of all books, vouchers, and. docu- ,r is meats relating to the accounts, contracts, debts, and revenues of the city, not otherwise provided for; he shall countersign and reg- i li n inter all bonds issued, and keep a list of all property find effects belonging to the city, and of all its debts and liabilities, and shall perform such other duties pertaining to his office as the common 1 a.� p. g council may require by resolution or otherwise. Reports of to SEC. 10. The city clerk shall report to the council, whenever council. required, a detailed statement of the receipts, expenditures, and 3, financial condition of the city, of the debts -to be paid, and moneys required to meet the estimated expenses of the corporation, and irx� shall perform such other duties pertaining to his office as the coup- cif may require, by resolution or otherwise. clerk to be SFC. 11. The clerk shall be the sealer of weights and, measures �'`"i31eishtE ana for the said city, and shall perform all the duties of township clerk, '' ' '•' measures• so far as the same applies to the sealing of weights. } Clerk to pub- E Ec 12. The clerk shall publish at least one week in a ue�vspu fish ordinances. per printed in the city all the ordinances of the common council for the violation of which any penalty may be imposed. CITY TREASURER. r t ; C Treasurer— SEC. 13. The city treasurer shall have the custody of all moneys, duties and bonds, mortgages, notes, leases, and evidences of value belonging powers of. to the city, and shall collect all taxes levied or assessed in the city, Bond of. and for that purpose he shall give bond to said city in such suns and with such surety or sureties as the common council shall T, require Gael approve; and such treasurer shall also give to the treas- ' rarer of the county of Ingham such further security as is or may hereafter be required by law,of the several township treasurers of To par money the several townsliips of this State; the said treasurer shall pay no ' moneyout of the treasury except in pursuance and b authority of only on y 1 p y i t� i warrants. . r law, and on a warrant signed by the clerk and. countersigned by lm. the auditor, which shall. specify the purpose for which the amount ' thereof is to be paid, and the fund from which it is to be paid, and To keep account he shall keep an accurate account of, and be charged with, all taxes j or moneys. and moneys appropriated, raised, or received for each fund of the I ?, city; and shall keep a separate account for each fund, and shall pay every warrant out of the particular fund constituted or raised for the purpose for which said warrant was issued, and having the �'_; General law name of such fund indorsed thereon by the auditor. For the pur- powers same as township poses Of the collection and return Of all taxes, and the return of C treasurer. delinquent for the noii- a nient Of taxes and for the )1- y property 1 l�,y 1 , ' pose of suits for the collection of tares, the said treasurer, on giv- �r � 3� — —. ing the bonds or surety so required, shall possess all 'the powers anu several township treasurers of ties, perform all the duties of the, State, as prescribedcrllectiou find eeturn ofw,Itud shall sttixes,as this ,letm such timposes1es respecting rile e.0 reporNiontt of. 1�, I lie treasurer shall render to the council 011 the first Monday of every month, and oftener if required, a report of the 1 "f amounts received and credited by Mill, to each fund, and on what account received, and the amounts paid out by hint from each fund during the preceding month, and the anloulnt of money remaining To pen fop books in each fund oil the day of his report. The boobs and arccounts of the treasurer shall at all re-son able hours,be open to the illspetioninspection- 0 of any taxpayer of said city; the treasurer shall exhibit to the com- report of. moll council, at the last regular meeting in the month of.3pri1, a full and fair account of the'receipts and expenditures after the date of his or the last animal report, and also the state of the treasurv, which accounts shall a committee for examination, be referred to and if found to be correct, shall be filed and published. Treasurer Pro- hibited l�. The city treasurer shall keep all moneys in his hands from g' eys for personal belonging to the city separate,and distinct from his own moneys; using city mon• and.he is hereby prohibited from using, either directly or indirectly, V Of tile the city moneys, warrants, or evidences of debt�orlhissown use school or library funds in his custody or beeping, receipts to be Or benefit Or that Of any Otllei' pei',Orl; and the city treasurer' Is Treasurer's by atinditor. hereby prohibited from issuing any receipt for taxes, or other countersigned moneys coining into his hands as treasurer of the city, without the untersigned by the auditor. Ally violation of this same has been co section shall subject him to immediate removal from office by the are hereby authorized to declare the office vacant, city council, who uccessor for remainder of his term. and to appoint his s c(TY. 1SSESS"- property 1 ' S �ssessor— duties of. j SEC. 10. The annual o�5essment of fro sc•rt in the several ware s shall be (;. by the city assessor is herein provided; and it shall taxes on ven- be the deity Of rile city a,Se„or In all cases w1111e1 VCI'1C10Y, Of any all on of kindskinds kinds of merchandise come into the city and exhibit such Tiler- of merchandise i chandise for sale, after his regular assessient has been nitide. o after regular aspens at once all such goods, as iv tires, and merchandise, by special ;een m de h assessment, and Ile shall prepare a special tax roll, and attacli, his warrant thereto, directing the rite treasurer to collect the same within ten d<tys thereafter, in the inanner specifier) for the collec- tion of general taxes. IIe shall be entitled to 1 seat oil the lxiard of Powers. supervisors, and shall have a vote on said board upon the questions Of equalization or apportionment of property for taxation roil the 1 allowance of claims against the county, but upon ilo other Subject, I question, or platter whatever. For such services he shall be Fees, 1 r entitled to the, same pay as a supervisor. CITY 3IlItS1IAL. e Of thcblef of Police. ry As police oifficella l seas hall Ile be tile subjectsief to the the direction of tiro liarshat to be city. t f 24 CHARTER OF THE mayor. It shall be his duty to see that all ordinances and regula- tions of the council, made for the preservation of quiet and good order, and for the safety and protection of the inhabitants of the city, are promptly enforced. As peace officer lie shall be vested with all the powers conferred upon sheriffs for the preservation of quiet and good order. He shall serve and execute all processes directed or delivered to him, in all proceedings for violations of the ordinances of the city; such process may be served anywhere within the State. es and n EC. 1 errs ad S8. He sha suppress ress all riots disturbances, and breaches pow duties of. of peace, and. for that purpose may command the aid of the citi- zees in the performance of such duty. He shall arrest all dis- orderly persons in the city, and pursue and arrest any person flee- ing from justice in any part of the State. I3e shall arrest upon view, and with or without process, any person found in the act of committing any offense against the laws of the State or the ordi- nances of the city, and forthwith take such person before the proper magistrate or court for examination or trial, and may arrest and imprison persons found drunk in the streets, until they shall become sober. Marshal to SEc. 1t1. The marshal shall report in writing and on oatli, to make reports to council—can- the council at their first ineeting In each month, all arrests made tents of same- by him and the cause thereof, and all persons discharged front arrest during the month; also, the number remaining in con- finement for breaches-of the ordinances of the city; the amount of Disposition of all fines and fees collected by him. All moneys collected or received moneys by. by the marshal, unless otherwise directed by this act, shall be paid into the city treasury during the same month when received, and the treasurer's receipt therefor shall be filed with the city clerk. Marshal shall SFe. 20. The city marshal shall not receive fees for any services receive no fees.performed by him, except the salary fixed by the common council. Marshal to SEc. 2L The city-marshal shall, when required by the common superintend work on streets. council, assume, in addition to his own duties, those of street Absence of, inspector. In the absence of the marshal, or his inability to serve, from city. any constable designated by the mayor or common council nifty perform his ditties. CITY ATTORNEY. City attorney— SEC. 22. The city attorney, in addition to the other duties pre- duties of. scribed in this act, shall be the legal adviser of the council and of all officers of the city, and shall act as the attorney and solicitor for the city in all legal proceedings in which the city is interested, and he shall prosecute for offenses against the ordinances of the city. OITY AUDITOR. City auditor— Src. 23. The city auditor shall be the accountant of the city, powers oand. and shall enter upon his books the number of all receipts issued by duties f. the treasurer for taxes or other moneys belonging to the city, also the name of the person entered in said receipt, with the amount of the same, giving each fund designated in said receipt credit for the r� CITY OF LANSING. 25 .amount noted therein; lie.shall also countersign all the receipts issued. He shall enter all orders issued by the clerk and allowed by him in his books, charging the amount of, the same to the fund on which said order is drawn. He shall keep a complete set of shall keep complete set books exhibiting the financial condition of the city, with all its of books. resources and liabilities, by funds_in detail. When any such fund or appropriation has been exhausted by warrants drawn thereon, or by appropriations or liabilities and expenses actually made or con- 1 tracted for, and to be paid out of such fund or appropriation, the auditor shall advise the common council thereof at its next meet- ing. The auditor shall open an account with the treasurer, in open account which he shall charge said treasurer with the whole amount of with treasurer' taxes, general and special, levied in said city; also the whole amount in detail of all bonds, notes, mortgages, leases, rents, inter- est and other moneys receivable,in order that the value and descrip- tion of all personal property belonging to the corporation may at any time be known. He shall also keep a list of all the property, Keep list of all 1 real, personal, and mixed, belonging to the corporation, and of all property. its debts and liabilities, in order that the amount of the moneys and liabilities of the corporation may at any time be known at his office. The auditor shall also open accounts with the treasurer, in which lie shall charge him with all moneys appropriated, raised or received for each of the several funds of the corporation, and credit him for all the warrants drawn thereon, keeping a separate account with the debit and credit for each fund, charging every warrant 1 drawn to the account of the particular fund constituted or raised for the specific purpose for which such warrant is drawn, in order that it may be known at his office when each fund has been ex- hausted, and what balance, if any, may remain therein. The city City auditor audi;or shall countersign all orders for the payment of money out sha sign c orders ll orderers s of the city treasury, after having ascertained from the minutes that for payment of � it has been appropriated by the common council, and lie shall make money. i a record of all orders so countersigned, and shall perform such other duties as the common council shall by resolution or ordinance prescribe, and such other duties as are prescribed by this act. i .. c,rrY y[;itviYoK. a SE(,. 24. The city surveyor shall have and exercise within the City surveyor— powers and }. city, the like powers and duties as are conferred by law upon county duties of. surveyors; and the like effect and. validity shall be given to his official acts, surveys, and plats, as are given by law to the acts and � ,surveys of county surveyors. Ile shall make all necessary plats, maps, surveys, diagrams, and estimates, plans, and specifications, required by the council or officers of the city, relating to the pub- lie improvements, buildings, grounds, and streets of the city. ST1tb;F.T I\BPEUTORS. 5rc. 25. It shall be the duty of the street inspector or inspectors street inspect to perform or superintend, under the general direction of the com-duties of. l rt CHARTER OF THE It f mon council, all work to be clone or performed, ordered or required #, to be done or performed, upon or in relation to any of the public p i, js streets, walks, highways, alleys, bridges, reservoirs, drains, culverts, i, #+ sewers, sidewalks, public grounds and parks. a� Reports of,to lei, SAC. Zd. They shall make a report to the council in writing council; eon- tents of same, and on oath, Once in each month, or oftener, giving ail. exact state- ,idi: ment of all labor performed by them, or' under their supervision, and the charges therefor, the amount of material used, and the expense thereof, and the street or place where such material was used, or labor performed; and further showing the items and pur- pose of allexpenses incurred since their last preceding reports; and no payment for labor or services performed, or for expenses incurred by them, shall be made until reported on oath is aforesaid., beeorts esamf e to d by SE(:, -17. The common Council shall examine sucli, report, and if council. satisfied of its correctness, and that the charges therein made, are just and reasonable, they shall accept it and order it filed; but if they are satisfied that it is incorrect,or that the charges tliereinare" 1` -unreasonable, they shall alter the same is they think proper, and + shall allow such charges as they shall deem just and equitable; they 5 3 J f � , 1 shall then let said report lay upon the table one week, and if not withdrawn by the inspector, by :tiling a notice in writing to that ��rl�rr effect with the city clerk in that time, they shall accept it, and l; order it filed as corrected by them; when so filed, the clerk shall draw an order upon the highway fund of the district for the tip` amount. "IN CONSTAbLI,S. ' tm Constables— SEC. 28. The constables of the city shall have the like powers na lion aline of and authority in matters of civil and criminal nature, and. in rela- a z' tlon to the service of all manner Of criminal pl'OCes6, as are Con- (erred by law upon constables in townships, and shall receive the like fees for their services. They shall have power also to serve all 'la{ processes issued for breaches of the ordinances of the city. The l � y• 3, a shall obey all lawful orders of the mayor, aldermen, and chief of .; ;,� police, and of any court or justice of the peace exercising jurisdic- tion in causes for breaches of theordinances of the city; and shall discharge all duties required of them by any ordinance, resolution, j+} or regulation of the council, and for any neglect or refusal to per- i`,; form any duty required of him,every constable shall be subject to a ii i It Bonds. penalty of not less than five nor more than fifty dollars. Every constable, before entering upon the duties of his office, shall giv 1j such security for the perform once; of the duties of his office as is l jl'ji> required of constables in townships, or as may be required by the t l j council, and file the same with the city clerk. l-ii3+ JUSTICES Ob"THE PEACE. f f. Justices—juris- SEC. 29. The justices of the peace of said cityshall file their diction and 1 I(� Powers of, oaths of office in the office of the clerk of the county of Inghain, 1l'1�1 and shall have, in addition to the jurisdiction conferred by this act r_ i +`la{? an them the same jurisdiction, powers; and duties conferred on „X S IN i4 t�f3jt' CITY OF LANSING. justices of the peace in townships, and shall have such jurisdiction to hear, try, and determine all actions arising within said city for the recovery of the possession of lands under the provisions of chapter two hundred and eleven of the compiled haws, and the acts amendatory thereto, as is conferred upon justices of the peace of townships, to hear, try, and determine cases arising within town- ships under said chapter of the compiled laws, and the said amend- atory acts. 30. In addition to the security now required by law to be Bonds of. 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 with one or m to the city of Lansing, ore sufficient sureties, to be approved by the mayor of said city,which approval shall be indorsed 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. SEe. 11. It shall be the duty of the justices of the peace of said Duties of under city ordinances. city to keep their offices in said city, and to attend to all com- n1amts of a criminal nature which may properly come before them, id they shall receive for their services when engaged in eases for. the violation of the ordinances of said city such fees as the com- mon council shill by ordinance prescribe. SEC. 32. All fines, penalties, or forfeitures, recovered before any c Demon an d J1 of of said justices, forviolation of any city ordinance shall, when col-Huss by. lected, be paid into the city treasury; and each of said justices the common council, at the first regular shall report on oath to 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, whichh moneys so received, or which may be in his, hands, collected on such fine, penalty, or forfeiture, shall be paid into said city treasury on the.first i1londay of each and every month during the time su.ch justice shall exercise the duties of said i office; and for any neglect in this particular lie may be suspended or removed, as hereimafter provided. 1, SEC. 33. It shall be the duty of each account wit» Justice of the peace, at the Justices to first .regular meeting of the common council, in each of the months council guar- _ terly. Of August, November, February, and -Aay, in every Year, to account oil oath, before the common council, for all such moneys, l goods, wares, and merchandise seized as stolen property, as shall �X then remain unclaimed in th.e offices of either of said justices of " the peace,and. immediately thereafter to give notice for lour weeks, ,i in one of the public newspapers printed in said city, to all persons interested or claiming such property: Prw,-ided always, That if Stolen property. 5 1 1 3' Proviso—dta. any goods, wares, merchandise, or chattels of a perishable nature, position of j or which shall be expensive to keep, shall at any time remain goodsiabie unclaimed in the offices of either of said justices, it shall be lawful for such justices 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. 'j -- GI-I9RTEII OF TI3E Stolen property SEC. 34. It shall be the duty- of each of the justices of the peace —care and ate- aforesaid, who may recover or obtain possession of any stolen prop- position of by Ig � 1' justices. erty, on receiving satisfactory proof of property from the owner, to l i s deliver such property to the owner thereof, on his paying all nee- essary and reasonable expenses which may have been incurred in }; the recovering, preservation, or sustenance of such property, and I Nl the expenses of advertising the same, unless the attorney of the city, or the prosecuting attorney of the county of Ingham, shall otherwise direct. Y ijF° Idem. SEC. 35. It shall be the duty of each of the justices of the peace aforesaid, to cause all property unclaimed after the'expilation of the notice specified in the last preceding section but one of this act, , ° 111W, money excepted, to be sold at public auction to the highest bidder, ry� L ! i' unless the prosecuting attorney of. the county of Tngham shall zn direct that it shall remain unsold for a longer period, to be used as M, evidence in the administration of: justice, and the proceeds thereof forthwith to pay to the treasurer of the said city, together with all Nil the money, if any, which shall remain in his hands after such ! notice as aforesaid, first deducting the charges of said notices of sale. Justices—jurts- SEC. 36. The justices of the peace of said city shalt have full diction of in cases under city power and authority, and it is hereby made the duty of any such l ordtnance. justice upon complaint to him in writing, on oath, to Inquire into and hear, try, and determine all offenses which shall be committed } within said city against any of the by-laws or ordinances which '4; shall be made by the common council, in pursuance of the powers granted by this act, and to punish the offenders as by said by-laws Kr' or ordinances shall be prescribed or directed; to award all process, 1" take recognizan ces for the appearance [of the appearance] of the 1 ''I erson charged, and upon appeal, and to commit to prison, as Proviso—corn- occasion may require: 'Provided, That any person making said piainants to give security complaint (except city officers) shall give security for costs in t le for costa. Same manner as is required In CI'1n1111a1 Cases L1nC1eY the general lawn r of this State, which security shall have the same force and effect, and judgment shall be rendered against said complainant and surety, and execution issued thereon, when the justice shall be satisfied there was not reasonable cause for making said.complaint. warrants— SEC. 37. Whenever any person shall be charged with having issue and service of. violated any ordinance of the common council by which the offender is liable to imprisonment, any of the justices of the peace of said )1; „? city to whom complaint shall be made in writing, and on oath, ` shall issue a warrant, directed to the marshal of the city of Zan- �, sing, or to the sheriff or any constable of the county of Ingham, If commanding him forthwith to bring the body of such person before him, to be dealt with according to law; and the marshal or other #; officer to whom said warrant shall be delivered for service is hereby {i required to execute the same, in any part of this State where such offender may be found, under the penalties which are by law 01 s and other officers for neglecting or refusing to incurred by sheriff execute other criminal process. SEC. 3$. The justices of the peace in the said city exercising � P j. CITY OF LANSING. 29 civil jurisdiction shall be deemed justices of the peace of the county Justices—civil it of Ingham, and shall be subject to the general laws of the State in u� relation to civil cases before justices of the peace, and appeals from their judgment may be made to the circuit court for the county of r� Ingham, in the same manner as appeals from justices' judgment in towns are made, except as herein otherwise provided. SEC. 39. The justices of the peace of said city shall have all the criminal authority of justices of the peace in towns in criminal matters and jurisdiction of. shall have all the authority, and perform all the duties hereinbe- fore provided and required of them, and shall hold a court daily if � necessary.. " MISCELLANEOUS OFFICERS. ,Ws SEC. 40. The fire-wardens, >common criers pound-masters in-other officers subject to specters of fire-wood and weigh-masters, shall perform such duties, ordinances. and if required, shall file such securities, as the common council r'g' shall, by ordinance or resolution, direct. S", 1 �e � V COMPENSATION OF OFFICERS. � SEC. 41. The common council shall annually determine the salaries—de. ina ter salary or compensation to be paid to the several officers of said city. etc.,of Lion, The salary or rate of compensation of any officer elected or ap- pointed by authority of this act shall not be increased or diminished during his term of office. - j TITLE VI. POLICE. SECTION 1. The council may provide, by ordinance or otherwise, Police,bow for a police force, and for the appointment by the mayor, by and provided for. with the consent of the council, of such number of policemen and night-watchmen as they may think necessary for the good govern- ment of the city, and for the protection of the persons and property of the inhabitants; and may authorize the mayor to appoint special policemen from time to time when in his judgment, the emergencyx p j g � or necessity may so require; and may provide for and appoint sub- ordinate officers for the police, and night-watchmen. SEC. 2. The council may make and establish rules for the regula- Government of Lion and government of the police, prescribing and defining the powers and duties of policemen and night-watchmen, and shall pre- scribe and enforce such police regulations as will most effectually preserve the peace and good order of the city, preserve the inhabit- ants from personal violence, and protect public and private prop- erty from destruction by fire and from unlawful depredation. And special police— 1 the mayor is hereby authorized,whenever he shall deem it necessary rr in. for the preservation of peace and good order in the city, to appoint and place on duty such number of temporary policemen as in his judgment the emergencies of the case may require, but such appointments, unless made in accordance with some ordinance or �1114, t,t t, � rll ; CHARTER OF THE ' Council, shall not continue longer than three days. resolution of tile, coup tile Marshal to be SEC. =ts chi 3. ef lice l have then supeect rintendency alndfdirect on of � 1 chief of police. shall, 1 the policemen and night-watchmen, subject to such regulations as may be prescribed by the council. '{ �� Datlosofthe SEC. 4. It shall be the duty of the police and night-watchmerla 5 ' ponce• and officers of the force, under the direction of the mayor and { �` chief of police, and in conformity with the ordinances of the city, 'Ixt t,ti , to suppress all riots, disturbances, and breaches is the peace; and j ' ° to pursue and arrest any person fleeing from j nstice, in any part of to a nehend any and all persons in the act of commit- the State; Of ting any offense against the laws of the State,before the crPrope ccs r the City, and to take the offender forthwith before tine proper court # {li' or magistrate, to be dealt tivith for the offense; to aersoncknownno iytlk to the proper officers and magistrates, of any 1 believed by them to be guilty of the violation of tine ordinances o' and at all times diligently the city, or the penal laws of the State; and faithfully to enforc ca��(lsrorcleraanalu dotl erpublices awelfa e regulations for the preservation of b council may ordain- and. to serve all processes directed or di3e a d. to thorn for Bervice, and for such purposes the chief of police, said every policeman and night-watchman shall have a41 the pavers of constables, and may arrest upon view, and without any process,any person in the act of violating any ordinance of the city,And e Stateh c 6f Of 'jz gi7al� service of nutting any crime agarns man serve�ndlexecute all processes in su t � process by. police and any policeman ' and proceedings for violations of the ordinances of the city: Pro- ; k rrovleo—mar- viclect, That nothing herein contained shall be construed to author- and restricted. ize the city marshal to serve any papers except those issued for vno- i t j lation of city ordinances. {: rap of police. S receive employed ompenhe satio htherefor from tile city of Cas tine coun- �`n shall + cil may prescribe. $emovai of and SEc. fi. The mayor may suspend any policeman or night-watc r= nolicennan appointed there- #a police• man for neglect of duty, misconduct, or other sufficient cause, and the council may remove from office any 1 to at any time. a t 'TITLE V II. Y, OF PUBLIC 11:EI LTH• i soars of SEcxzox I. It shall be the duty of the common council to 1 _ health, appoint a city lrlrysician, who shall, with the supervisors of the k several wards, constitute the board of health of said city. r, rowers and SEC. 2. The said board of health shall have power, and it shall antics of bo their duty, to take such measures as shall be deemed effectual to i i,1i,; prevent the entrance of any pestilential or infectious disease into i pre cityto stop detain, and examine for that purpose, every 1n - �r 1 place infected, or believed to be infected,with son coming from any 1 such a disease; to establish, maintain, and regulate apest-house or 4' hospital at some place within the city, or not exceeding three miles h y 1� s. �3 } BID CITY OF LANSING. 31 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, 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 physician 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 in, or 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 <ti11 acts, make all regulations, and pass all ordi- nances which they shall deem necessary or expedient for the preser- vation of health, and the suppression of disease in the city, and to ca•-� into effect and execute the powers hereby granted. .;. 3. The owner, driver, conductor, or person in charge of Deport of caeca any stage coach, railroad car, or other public conveyance which disInfectious shall enter into the city, having on board any person sick of a f malignant fever or pestilential or infectious disease, shall, within 'two hours after the arrival of such person, report in writing the fact, with the name of such person, and the house or place where be was put down in the city, to the mayor or some member or officer of the 15oard of health; and any and every neglect to com-Failure to ply with these Provisions, or any of them, shall be a misdemeanor, 'Dace' punishable with fine and imprisonment. SE(,-. 4. Any person who shall knowingly bring, or procure, or Penalty for cause to be brought into the city an property of. an kind tainted fectious in- or infected with any malignant fever,or pestilential, or infectious factious eta_ eases into city. disease, shall be guilty of misdemeanor, punishable by fine and im- prisonment. 3. Every keeper of an inn, or boarding house, or lodging Duties of hotel house in the city who shall have in his house at any time any sick neregardeto' traveler boatman, or sailor, shall report the fact and the name of disease• 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 l� Of the board of health; every physician in the city shall report Physicians to �l under his hand, to one of the officers above named, the name, rest- report health.to board deuce, and disease of every patient whom lie 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 Penalty for Of this section. or of any part of either of them, shall be a misde_failure. meanor, punishable by fine and imprisonment, the fine not to exceed one hundred dollars, nor the imprisonment six months. SEC. h. Whenever, in the opinion of the common council, any Dangerous b' ng, fence, or other erection of any kind., or any part thereof, buildin moval of tc.' r ale to fall down, and persons or property may thereby be t, }��f. 32 CHARTER OF THE lk endangered, they may order any owner or occupant of the premises; °l on which such building,fence, or other erection stands,to take down i a' } the same or any part thereof,within a reasonable time,to be fixed by 11 Ij! the order, or immediately, as the case may, require, and in case the t order is not complied with, cause the same to be taken down at the } : �il;i 1N expense of the city, on account of the owner of the premises, and 3IE ( assess the expense on the land on which it stood. The order, if Fla,§,Itfl"; not immediate in its terms, may be served on any occupant of the § rlfll premises, or be published in the city paper, as the common council 13 shall direct. l t rl Wbo to be SEC. 7. The city clerk shall be the clerk of the board of health, clerk. and shall attend the meetings thereof, and keep a record of its pro- (:', ceedin�•s and such record, Ora duly certified copy of the same, or i any part thereof, shall be prima facie evidence of the facts therein contained, in any court or before any officer. Pay of members SEC. S. The members of said board of health shall receive such ofe8 okra of compensation for their services as the common council shall deem reasonable, to be paid from the general contingent fund of said city. Fines under this SEC. 9. All fines imposed under this title shall belong to the city, title—aisposi- and when collected shall be pad into the city treasury, and be i tion of.; l ' devoted to the maintenance nd support of tho pest-house, or of +3 l s1, any hospital that may be hereafter established by the.city. `i 1, 'TITLE VIII. y p.jj j CF]3ETERIES. I ir., cemeteries— SECTION 1. The city may acquire, hold, and own such cemetery ,v acquisition of. or public burial place or places, either within or without the limits of the corporation, as in the opinion of the council shall be neces- sary for the public welfare, and suitable for the convenience of the vacation of old inhabitants. The council may prohibit the interment of the dead cemeteries. within the city, or may limit such interments therein to such cem- etery or burial places as they may prescribe; and the council may ,, e or cause any bodies buried within the city in violation o�ke11,illy uul and ordinance made in respect to such burials, to be t T " buried elsewhere. The council may also prescribe the time and 60itt�i manner of removing any bodies from any cemetery within the city, or from any cemetery grounds owned by the city without the city. } limits. In case the council desire to vacate any cemetery grounds belonging to the city, within the city limits, they shall so declare by resolution, which resolution shall state the time limited for the removal of all bodies from said cemetery grounds, which shall not be less than two years, nor more than five years, from the passage of such resolution. In case of the neglect or refusal of any person or persons owning or occupying grounds in any such cemetery, to remove the bodies interred on any such grounds,with the fuI•niture {} or fixtures thereon, within the time limited by the resolution of the council herein specified, it shall be lawful far the common council f;f 44i 4 to cause any and all such bodies, with the tombstones or other W X S3; E' r �4= g CITY OF LANSING. 33 fixtures, on or around any lot or lots from which the same is taken, to be removed to the cemetery grounds in use by the city within a reasonable time thereafter at the expense of the city. The city shall become possessed of any and all lots or grounds in any ceme- tery vacated as herein prescribed by paying a reasonable sum to the owner or owners for the property so taken, which sum shall be determined, and the amount paid, in the manner prescribed in this act for taking private property for public use. As an offset to any such sum so allowed, in cases where bodies have been removed by the city, the council may charge the price of the lot in the new cemetery, to which any such bodies shall be removed, and pay the balance in money. Provided, The price so charged for any such Proviso. lot shall be the regular schedule price thereof, as fixed by the cemetery trustees: Anid hrovidecd furlher, That the=lots in the new Further pro_ cemetery to which any such bodies shall be removed shall be deeded to the persons legally entitled to demand or claim the same, when- ever applied for, and the officers of the city, whose duty it is to execute such deeds, shall be satisfied that they are making convey- ances to those legally entitled to claim title to such lands. Sic. 2. When the dead shall be fully removed from tiny cemetery Disposition of ;rounds, owned by said city, it shall be lawful for the common groun de so vacated council to sell and convey said grounds, and the money received from the sale thereof shall be set aside by said,common council as a sinking fund, to be applied in the payment of the debt created against said city in the purchase and adornment of the new cem- cemetery Puna. etery grounds known is Mount Hope Cemetery, and in the event of the payment of said bonds by said city before the sale of any such cemetery grounds, the common council shall determine how such moneys shall be disposed of. SE©. 3. The council may, within the limitations in this act con-zaem. tained, raise and appropriate such sums as may be necessary for the purchase of cemetery grounds, and for the improvement, adorn- ment, protection, and care of any cemetery owned by the city. S-Ec. 4. The eonunou council may appoint three trustees at their cemetery trus- oint- first meeting in Hay, 18` 5, or as soon thereafter as may be, who went,etc,of. shall be freeholders and electors in the city, and who, with the city clerk, shall constitute a "board of cemetery trustees." The three trustees so appointed shall hold their oflices for the term of three years, except that, at the first appointment, one shall be appointed for one year, one for two years, and one for the term of three years from the first Monday in May, 1875, and annually thereafter one trustee shall be appointed. The council may remove any trustee so appointed for inattention to his duties, want of proper judg- ment, skill, or taste for the proper discharge of the duties required of him, or other good cause. The three trustees shall receive as pay of. full compensation for their services the sum of not exceeding *50 each, in the discretion of the common council,, per aunum. The clerk shall receive no additional salary as clerk of this board.. SLc. 5. The board of cemetery trustees shall appoint one of their organization number chairman, and the city clerk shall be clerk of the board, and powers of. The board of cemetery trustees shall also have power and they are 5 34 CHARTER OF THE hereby authorized to appoint one city sexton, who shall be subjec to removal by said board for neglect of duty or other clause or causes. and who shall be in all matters pertaining to the care and manage nlent of said cemetery and cemetery grounds under control of sai� board. Said sexton shall receive such salary as the common coup cil shall by ordinance or resolution direct. And the common coup cil may, by ordinance, invest the board with such powers ant authority as may be necessary for the care, management and preser vation of such cemetery and grounds, the tombs and monument therein and the appurtenances thereof, and in addition to the dutie, herein mentioned, the board shall perform such other duties as thi council may prescribe. Duties of—care SEC. 6. Said board, subject to the directions and ordinances o: and Improve- ment of the council, shall have the care and management of ally such come of ce rem- etery. tery or burial place or places, and shall direct the improvements an( embellishments of the grounds; cause such grounds to be laid on into lots, avenues and walks; the lots to be numbered, and thi avenues and walks to be named; and.plats thereof to be made an( recorded in the office of the city clerk. The board shall fix thi Sale of lots by. price of lots, and Make the sales thereof. The conveyances of suel lots shall be executed on behalf of the city by the city clerk, ain be recorded ila his office at the expense of the purchasers. Rules for burial, S:rc, 7. Said board shall direct and control all labor performer by"to be mach in said cemetery; expend the money provided for the care and im provement of the grounds; enforce the ordinances of the city read, for the management and care thereof, and make such rules ant regulations for the burial of the dead, the care and protection o. the grounds, monurnents, and appurtenances of the cemetery an( the orderly conduct of persons visiting the grounds, as may be con sistent with the ordinances of the city and the laws of the State. Cemetery fund SEC, S. All moneys raised for any public cemetery authorized b: —how this act, and all moneys received from the sale of lots therein, o otherwise therefrom, shall be paid into the city treasury and consti tute a fund to be denominated the I cemetery fund." Said funs shall not be devoted or applied to any other purpose, except th, Trustees to purposes of such cemetery. The board of trustees shall report b reporcouncil. the council annually on the last Alol.ida m April, and oftener whet council. Y 3' 1 ' Contents of the council shall so .require, the amount of all moneys received int, same, and owing to the cemetery fund, and from what source, and fron whom; and. the date, amount, items, and purpose of all expendi tures and liabilities incurred, and to whom paid, and by whoa incurred; and such other matters as the council shall require to b reported,—which report shall be verified by the oath of the clerk o the board. Ordinances SEC. 9. The common council may pass and enforce all ordinance relative to necessary to carry into effect the n ovisions herein and to contro cemeteries. Y Y 1 ' or regulate any cenetery or burial place owned by the city, whethe within or without the city limits, and the improvement thereof, am to protect the same and the appurtenances thereof front injury, am to punish violations of any lawful orders and regulations made b; the board of cemetery trustees. ff SEC. 10. The council shall have power also to pass all orc minces Idem. deemed necessary for the preservation and protection of any cem- etery or burial place, within the city, belonging to or under the control of any church, religious society, corporation, company, or association, and for the protection and preservation of the tombs, monuments, and innprovennents thereof, and the appurtenances thereto. TITLE I1. MARKETS. SECTION 1. The common council shall have the power to erect Markets— market houses, establish and regulate markets and market places, etc.,of hmunt, for the sale of meats, fish, .fruits, vegetables, and other provisions and articles necessary to the sustenance, convenience, and comfort of the inhabitants; to prescribe the time for opening and closing the same; the kind and description of articles which may be sold, and the stands and places to be occupied by the vendors. C. 2. The common council may adopt and enforce such rules Regulation of. _regulations as may be necessary to prevent fraud and preserve order in the markets; and may authorize the immediate seizure, arrest, and removal from the market, of any person violating its regulations, together with any articles in his or their possession; And may authorize the seizure and destruction of tainted or unsound meats, or other provisions exposed for sale therein. l_ TII'LE Z. PUBLIC BUIliDINGS, GROUNDS AND PARKS. SECTION 1. The city may acquire, purchase, and erect all such Buildings and public buildings as may be required for the use of the corporation, grounds—ac- 5 y � q 1 , 4ufaition and and may purchase, acquire, appropriate, and own such real estate diapositionOf. E as may be necessary for public grounds, parks, markets, public buildings, and other purposes necessary or convenient for public good, and the execution of the powers conferred in this act; and such buildings and grounds, or any part thereof, may be sold, leased, mortgaged, and disposed of as occasion may require. SEC. 2 When the common council shall deem it for the public Cronmpfhold interest, grounds and buildings for the city prisons, work-houses, public use out- hospitals, pest-houses, cemeteries, water-works, and other necessar�'l iim de its,,city l and public uses, may be purchased., erected, and maintained beyond eo srrelregula- attve the corporate limits of the city; and in such cases the council shall to same. have authority to enforce beyond the city limits, and over such lands, buildings, and property in the same manner, and to the same extent, as if they were situated within the city, all such ordi- nances and police regulations as may be necessary for the care and Y `action thereof, and for the management and control of the i us kept-or confined in such prisons, work-houses, or hospitals. `SEC. 3. The council shall have authority to lay out, establish, 36 CHARTER OF THE Parks—Power and enlarge, or vacate and discontinue, public grounds and parkE of council over. within the city, and to improve, light, and ornament the same,and to regulate the care thereof, and .to protect the same, and the ap. purtenances thereof, from obstructions, encroachments and injury; and from all nuisances. TITLE XI. SEWERS, DRAINS, AND WATER COURSES. Sewers,etc.— SECTION 1. The common council may establish, constrict, any powers of a maintain sewers and drains whenever and wherever necessary, all( ell relative to.e. of such dlnienslons and materials and -under such regulations a', they may deem proper for the drainage of the city; and privab property, or the use thereof, may be taken therefor in the mailue prescribed in this act for taking such property for public use. Bu in all cases where the council shall deem it practicable, such sewer and drains shall be constructed in the public streets and grounds. Sewer commis- SEC. 2. If the council shall deem it expedient, they may estab sinners—coun- cil may appoint,lisp a board of sewer commissioners for the city, consisting o no etc• less than three nor more than five persons, to have the managemen of the sewers and the charge of their construction; and may, b, ordinance, prescribe their powers, compensation, terms of office and duties. Plan of sewer- SEC. 3. Whenever it may become necessary, in the opinion o age to seue the council, to provide sewerage and drainage for the city, or air devised, part thereof,, it shall be their duty to devise, or cause a plan o drainage to be devised, for the whole city, or for such part thereof as they shall. determine. Idem. SEC. 4. Such plan shall, in the discretion of the council, b formed with a view of the division of the city into main sewer°diE tricts, each to include one or more main or principal sewers, wit the necessary branches and connections; the districts to be lluni tiered and so arranged as to be as nearly independent of eac other as may be. flats or diagrams of such plan, when adopter shall be filed in the office of the city clerk. Idem. SEc. 5, Main sewer districts maybe subdivided into special sewE districts, in such manner that each special district shall includ one or more lateral or branch sewers connecting with a main sew( and such lands as, in the opinion of the council, will be benefite by the construction thereof. When deemed necessary, speci< sewer districts, to include one or more local or branch sewers, an such lands as in the opinion of the council will be benefited by th construction thereof, may be formed of territory not included i any main sewer district. Idem. SEC. G. The council may, however, provide for main or trun sewers without reference to sewer districts, diagrams or plats c which shall be recorded in the office of the city clerk, in the boo of sewer records. F.:rwn of SFr,. 7. The cost and expenses of establishing and,making ar. tricts, shall be paid to the general sewer fund. Such part as the L council shall determine, being not less than one-sixth of the cost and expenses of any main district sewer, or of the cost of any lat- eral branch, or local sewer, constructed within a special sewer dis- general sewer fund, and the remainder trict, shall be paid from the of such cost and expenses shall be defrayed by special assessment upon all the taxable lands and premises included within the main or special sewer district, as the case may be, in proportion to the estimated benefits accruing to each parcel respectively from the construction of the sewer. Assessments according to the benefits as aforesaid may be made without reference to any improvements or building [buildings] upon the land. SFe. S. Before proceeding to the construction of any district coneirn t tew- sewer, the council shall cause a diagram and plat of the whole sewer co sewer, to be adver- district to be made, showing all the streets, public grounds, lands, tisea. lots, and subdivisions thereof, in the district, and the proposed route and location of the sewer, and the depth, grade, and dimen- sions thereof, and shall procure in estimate of the cost thereof. And they shall give notice, by publication for at least two weeks, in one of the newspapers of the city, of the intention to construct such sewer, and where said diagram and plat may be found for examination, and of the time when the council will meet and con- sider any suggestions and objections that may be made by parties interested, with respect to such sewer. SFc. 9. When the council shall determine to construct any such Proceed o$e Of counildistrict sewer, they shall so declare by resolution, desig-�iating the construction district, and describing, by reference to the plat and diagram there-of sewers. of mentioned in the preceding section, the route and location, grade, and dimensions of the sewer, and shall determine in the same reso- lution what part of the estimated expenses of the sewer shall be paid from the general sewer fund, and what part shall be defrayed by special assessment, according to benefits; and they shall cause sewers to be such plat and diagram as adopted. to be recorded in the office of the recorded. city clerk in the book of sewer records. SFc. 10. Special assessments for the construction of sewers shall meatileassess- be made by the city assessor in the manner provided in this act for sewers, making special assessments, and shall be approved by the board of review, as provided in this act for the general assessment rolls of the city. council to act S:cc. 11. When the owners of a majority of the lands liable to on petition for taxation in any sewer district, or part of the city which may be sewers. constituted a sewer district, shall petition for the construction of a sewer therein, the council shall construct a district sewer in such "location, and if tl-e lands including the line of such proposed sewer are not within any sewer district, a district shall be formed for that purpose. In other cases sewers shall be constructed in the discre- d°feo their tion of the council. SFc. 12. Whenever the council shall deem it necessary for the Pray ivate drains ordered. public health,, they may require the owners and occupants of lots and premises to construct private drains therefrom to connect with some public sewer or drain, and thereby to drain such lots and 38 CHARTER OF THE premises; and to,keep such private drains in repair and free from obstruction and. nuisance; and if such private drains are not con- structed and maintained according to such requirement, the coun- cil may cause the work to be done at the expel se of such owner or occupant, and the amount of such expense shad! be it lien upon the premises drained, and may be collected by special assessment to be levied thereon. Private drains SEC. 13. The owners or occupants of lots and premises shall have wiith sews s, the right to connect the same, at their own expense, by means of private drains, with the public sewers and drains, under such rules and regulations as the council shall prescribe. Owners of SEC. 14. The council may charge and collect annually from per- private drains liable to assess. Sons whose premises are connected by private drains with the pub- liable ment. lie sewers, such reasonable sum, not exceeding two dollars per year, as they may deem just, in proportion to the amount of drainage through such. private drain; and such charge shall be a Iien upon the premises, and may be collected by special assessment thereon, or otherwise. Ditches,etc., SEC. 15. Such part of the expenses of providing ditches and expense of, improving water-courses as the council shall determine, may be defrayed by special assessment upon the lauds and.premises ben- efited thereby, in proportion to such benefits. Repair of SEC. 16. The expenses of repairing public sewers, ditches, and sewers, etc. ivater-courses may be paid froin the general sewer fund. The expenses of constructing public sewers shall be defrayed in the manner herein prescribed for paying the expenses of the construc- tion thereof. Ordinances for SEC. 17. The conlicil may enact such Ordinances as may be care,etc.,of necessary for the protection and control of the public drains and sewers. 3' 1 l sewers, and to carry into effect the powers herein conferred in respect to drainage of the city. The Mate to SEC. 18. The Board of State Auditors shall allow the city of share expense of sewerage of Lansing such Sums as they Shall deem just and reasonable as the State property. proportion of the State toward the construction of any sewer which may drain any lot or block owned by the State in said city, or any sewer which may be used in any manner by the State, and the Auditor,General, on the presentation to him of any such account, duly allowed, shall draw his warrant on the State `.Treasurer there- for. TITLE YII. OF STREETS AND PUBLIC IMPROVEMENTS, Streets,etc., SECTION 1. The common council of the city of Lansing shall conncicontrol of by have power to lay out, establish, open, extend, widen, straighten, alter, close, vacate, or abolish any highways, State roads, streets, avenues, lanes, alleys, public grounds, or spaces in said. city, except public grounds used and occupied by the State of 'Michigan, to construct any embankments or levees upon the banks of the Grand or Cedar rivers whenever they shall deem it a necessary public im- provement, and private property may be taken therefor; but the necessity for using the property intended to be taken, and the just compensation to be mule for the same, and the damages arising to any,person from the making of said improvement, shall be ascer- tamed by a jury of twelve free-holders residing in the county of Ingham. SEC. 2. Whenever the common council shall deem any such im-manner of tax- provement necessary, they shall so declare by resolution, describing prop rty for the contemplated improvement; and if they intend to take private the public use. property therefor,they shall declare such intention and describe such a property in said resolution; and further declare that they will on.some day, to be named in said resolution, meet to determine the necessity for using the property intended to be taken. The com-xotloe ur meet• mon.council shall give notice of such meeting, and of the intended mineonecessity. improvement, by causing a copy of said resolution, certified by the clerk, to be delivered to the owner or owners, or agent of any pri- vate property intended to be taken, or that will be damaged by said improvement, if they can be found in said city. If they cannot be found, 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 Inot be found, and such property be occupied, said notice shall .served by delivering the same to the occupant 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, or agent of such property, or their place of residence, cannot be found, and it be not occupied, or if the owner or owners, occupant or occupants, be unknown or non-residents of said city, then, in either such cases, notice of such meeting may be given by publishing a copy of said resolution in some newspaper regularly published in said city,for two successive weeks,or by posting the same in six or more public laces in said city.p places y. And all persons interested therein, after notice served upon them as aforesaid not less than three days, or if published, as aforesaid, for two successive weeks before the time of such meeting of the common council, shall take notice of, and be bound by, all subsequent proceedings without any further notice. SEC. 3. Upon the day designated in said resolution, or some Hearing of other day adjourned to by the common council., they shall hear the parties. persons interested; and if, after hearing the parties interested who may appear before them, they shall determine to take the private -property described in said resolution for such improvement, and x shall further determine what time and place they will make an application to a justice of the peace of said city for a jury to aseer- tain the necessity for using the property intended to be taken, and the just damages and compensation for taking such property, it shaIl be the duty of the city clerk, or in his absence the mayor, to apply to the justice of the peace selected by the common council at the time and place determined on by them for a jury, at which tlnls o at some other time appointed by said justice of the peace, he 8Iii;ll make It list of the names of twenty-four disinterested free- holders residing in the county of Ingham competent to serve as ors. From said list the city attorney shall strike off six names, A the owner or owners and persons interested in said lands shall i 1 � r� 40 CHARTER OF THE ,,F the justice shall ,ffi��VIM�JghN strike off six names, or, upon their failing to do so, t' ki;{ summon of strike off such names for him or them; duel thereupon the said 1 jury to deter- directed to the city marshal or sheriff, mine necessity justice shall issue a venire, x� $4�f and damages. or any constable of said city, to summon the twelve persons whose }etas{[ y names remain upon said list, to be and appear at his office on some d; a1�lE day to be therein named, not less than two days nor more than six days from the time of issuing the sane, to serve as jurors. The sail{i' officer shall serve such summons at least one clay before the return clay thereof, and make return in the same manner as in the case of summons for otherjurors of said court, and. the person thus sum- a' N3311 moved shall be bound to attend said justice's court and serve until F1aa;� discharged, unless exempt and excused bfsaid justice from serving, l { ,` for the same reason that other jurors may be excused or exempted; and if all the jurors shall not appear the said.justice shall cause a � I I sufficient number of talosmen to be summoned to make a full jury. 1 W }, The jurors shall be sworn to discharge their duties faithfully, and his aecording to the best of their abilities. Trim or the SEC. 4. Said justice shall deliver to said jury a description of the 1 1 jn Gioe by the jury, improvement intended to bc, made, alid of the property determined `T"I to be taken by the common council, certified to by the city clerk, t.',i' and the city attorney shall give said jury legal advice and counsel con- 1cernin�their duties whenever requested. The jury shall go to the 1 , �,, place of the intended improvement, and upon, or as near as practi- psi} cable, to auy property intended to be taken, or, as the case may be, ,ll which will be damaged or benefited; said jury shall then ascertain the necessity for usnig the property intended to be taken,, and the 'i ' compensation to be paid to tine owner or owners of any property ji� j'j intended to be taken for, or that may be damaged by, the intended iima g improvement; and in estimating an), damages, they may take into I j! damages. consideration the benefit such improvement wall be to the owner or owners of such property to be taken; and they shall award to the owner or owners of the property intended to be taken, or that will be damaged, such compensation as they shall deem just. encumbered SEC. o, If such property shall be subject to a valid mortgage, property. lease, and agreement, or to either, and such facts shall. be made to appear to the jury, then said. jury shall apportion and award to the s s rty, the parties in interest to such mortgage, owners of such prope lease, and agreement, or to either of them, such portions of the ' 4 +` damages and compensation as they shall deem just; and in all eases where any such damages shall be awarded, they shall be payable „1 I, out of the city treasury, and the tneaus thereof shall be raised from �,t, 3 a,' " time to time, as may be necessary, with the general city taxes, a ! 1 'a Aueye—jury to S I c. 6. In cases of the laying out, establishing, opening, wi en- i 1++' assess amount sE�;3s of award on ing, altering, or v seating an alley or alleys, said jury shall further _ I premises proceed to apportion the total damages and compensation to be benefited. I paid for the proposed improvement, among the lots of land, prem- $`}' ices, or subdivisions thereof within the block, in which the alley + 4� � §p tta in question is situate( and tivh,ieh will be benefited by the proposed t,+{ ' {3;+t{ improvement, appontiolibig and assessing the same upon sand lots, i 'j ll'! premises, or subdi itions thereof, as near as rosy be, m proportion s,�; {,k" as the same will lac benefited by said improvement. The word alley; s 1 as used in this section, shall be construed to mean only those ways defined. 1 or passages that bisect or divide the interior of a block. NO alleys To be opened slall'be opened except upon a petition of. the owners of a majority tonly on.on peti- of the lots on the block or blocks to be intersected thereby, and upon security being given to indemnify the city against the expen- t ses of opening said alleys. Report of jury S>c. 7. Said jury, after completing the aforesaid duties, shall to be in i then.make, in writing, signed by each of them, a report to said writing. justice of the peace of their doings, and file it with said justice, within two days after they were sworn. They shall state in their Contents of report the necessity for using the property intended to he taken, same. and the just damages and compensation ascertained and awarded by them to the owner or owners of any private property, or to any person claiming an interest therein,by virtue of any valid mortgage, lease, or agreement,to which such property may be subject, together with the name of such owner or owners and claimants, if known, and a description of the property intended to be taken. Said jury shall also, in the cases provided for in this section, state in their report what portions in amount of the total ascertained damages and compensation they have apportioned to and assessed upon any lot, premises or subdii sions thereof, which will be benefited by the intended improvement, together with the names of the owners thereof, if known, and description of the same, and also what por- tion, if any, of the ascertained damages and compensation they 3 have apportioned and assessed to the city of Lansing; and said jury ray of shall make a statement of the time spent by them, and shall be jurymen. j entitled to receive one dollar per day, and fifty cents for each half day, and the justice and officer who served said venire one dollar each for their fees. SEC. S. The report of said jury, filed with said justice, shall be Report ed rt o�g- certified by him, and delivered to the city clerk within two days rice,and certt- after such report is filed with him; and it shall be the duty of the sea to council. city clerk to inform the coin.mon council at their next regular meet- ing of the delivery of such report to him, which report shall then be read, and any person to whom damages and compensation may try s aggriev- edard to be awarded for any of his property intended to be taken, consider-be heard by in-himself aggrieved in the award of damages assessed and returned council• by the jury, may appear before the common council at such meet- ing, or at such other meeting as the common council shall the]' appoint, and present his qJaim before said council, and said council shall hear the proofs and. alegations in respect to said. damages, and render their decision thereon. The common council shall there- action of coon- upon confirm or annul said report as they shall deem best. g cu on award. majority elect of said common council shall be necessary to decide all such questions submitted to them. SEc. 9. If the report of the jury is not confirmed by the common when the case council, or if the jury so summoned as aforesaid, cannot agree, or maybe re-tries. from death, sickness, or other cause shall fail to make a report within the two days above required, a second or more applications may be made by said mayor or clerk to a justice of the peace of said city, when another jury shall be obtained in the same manner, m 42 CHARTER OF THE and bound to serve, have the same qualifications, be sworn, and when sworn have the same powers and duties, as the first jury; and 1 the same proceedings shall be had as after the first jury was sworn. as i But no report of any jury shall be set aside or annulled for objec- af Objections to tions as to matters of form; all objections to the report of any jury s report—what may be valid. shall be objection Of law and to matters Of substance; but the damages and compensation to be paid to any person, or the portions t thereof apportioned to and assessed upon any lot of land, premises, or subdivisions thereof, may be inquired into if excessively large or small. 1. -' confirmation SEC. 10• A decision of the common council confirming said re- by council to be NO final• port shall be final and conclusive as to all persons interested therein; # }i and the damages and compensation apportioned to and assessed upon any lot of land, premises or subdivisions thereof, according to p. promises, ai � said report,as confirmed, shall be a lien thereon from the time of Report of jury the aforesaid confirmation until they are paid and satisfied. When to be filed and the report of the jury has been thus confirmed the clerk shall file recorded by 1 y , 1`( clerk" it in his office, and record the same at length in a book used �a r ,, and known as a book of street records, and such record, or a eerti- fled copy, shall in all courts and places be presumptive evidence of the matter therein contained, and of the regularity of all proceed- $fir # jugs from the commencement thereof to the confirmation of such s report by the common council. Payment,etc SEc. 11. The amounts apportioned to and assessed upon all lots of special as- sessments. of land, premises, or subdivisions thereof, for the benefits they will receive, shall be paid to the treasurer of said city, in case of confir- a nation of the report of the jury, as above provided, and may be t , collected in the same manner as other special assessments; and any amounts not paid to said treasurer within such time as the common council shall fix, shall be reported to the city clerk, and the clerk 31j shall notify the assessor, and said amounts sllall be assessed upon i the assessment rolls of the wards in the same manner as provided by section twenty-four of this title and shall be collected and sold as provided by said section. Time for tender Sc.E12. Within sixty days after the confirmation of the report of payment for a or tender to the respect- by��� property taken of the jury, the common council shall pay the city ive persons the several amounts of damages and compensation i awarded to them according to the report of the jury as confirmed; and in case any such person shall ref use the same, be unknown or a non-resident of said city, or for any reason incapacitated from receiving his or her amount, or the right thereto be disputed or it doubtful, the common council may deposit the amount awarded in such case in the treasury of the city to the credit of any person entitled thereto, and shall, on demand, pay the same over to any Mh i : Effect of ten- person competent and entitled to receive the same. Upon such f'` der to be Anal. tender, or deposit osit in the city treasury, the same shall payment, � p Y Y� f1 become a public highway, and the common council may enter upon, .. take possession of, and convert the same to the uses and purposes for which said property has been taken; a certificate of the city treasurer of such tender, payment, or deposit, or record thereof in j the book of street records, or certified copy of such record, shall in n^ MF 1 'all courts and places be presumptive evidence of the facts therein stated, of the vesting of the fee of the property in the city of Lai sing,'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.Sir. 13. The common council shall have power to treat for and Council maynegotiate for obtain release of the right of way of any street intended to be Yi ho tnsoy- apened or laid out by them; and whenever any person or persons ceedings at owning the land through which a street is intended to be opened, law• F shall_ release to the city of Lansing the right of way by deed of otherwise, and any such release shall be recorded in the book of street records, by order of the common council, the same shall become a public highway. SEc. 14. The common council shall be commissioners of high- mmieto be s ways for said city, and shall have the care and supervision of the of highways. liigliways, sidewalks, streets, bridges, lanes, alleys, parks and pub- lic grounds therein, not belonging to or occupied by the State; and Po e ae g�eh• It shall be their duty to give directions for the repairing,preserving, improving, cleansing, and securing of such highways, sidewalks, bridges, lanes, alleys, parks and public grounds, and to cause the ame to be repaired, cleansed, improved, and secured from time to ime 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 restrictions 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 suifficiently described, or have not been duly recorded, to be ascer- tained, described, and recorded in the office of the city clerk of I aid 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 said;common council, and recordedin 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, (A 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,un ordinance or resolution entered in their minutes; to appoint and assign to each of such districts so many inspectors of streets is they shall from time to time deem proper. SEc. 15. The common council shall have power to cause arches Po err of a• and bridges, wells, pumps and reservoirs to be built in any part tine to bridges, Of the city; t0 cause the grading,raising,levelin repairing, amend-pavements, g p 5 shade trees, Ing, paving, or Covering with stone, plank, or other material, anyand ng up ofh low lland. street,lane,alley,highway,public grounds,crosswalks,or sidewalks, and to provide for the planting and protecting of shade trees along the sides of the streets and public grounds in said city; to cause any.lots, blocks, or lands within said city on which or any part of which water shall stand and become stagnant, to be raised,filled up or drained, and whenever the common council shall order any of Expenses for the improvements that are mentioned in this section,or any section aefr same,how of title twelve of this act, and do not determine by resolution that 1 � Nj 44 CHARTER OF THE the expenses of any such improvement shall be defrayed by the city or ward, or as provided by section seventeen of said title twelve of kz , this act, then such expenses of making any such improvement may be assessed and levied upon the lots,premises,and subdivisions there- of which ai%in front of or adjoining such streets,sidewalks,and other improvements that may be ordered.by the common council, or upon the lots blocks, or lands which may be in whole or in part flied up or drained; and the common council shall have power-to make all # ; by-laws and ordinances relative to the mode of assessing, levying 1]= and collecting any such tax, and may provide by ordinance assess- ing such tax"in the general assessment rolls of the city, which tax Wltl shall be and remain a lien upon the land, and if not paid the land may be sold therefor in the same manner as provided for ordinary ,���i#} Proviso— ' city taxes: Provided, That no lands or property belonging to the : PH exemption m} # state property. State shall be liable to taxation under any of the provisions of this V act. i 34 1 h special powers SEC. 16. The council may regulate the use of the public high- of of the council y g p b y for the regula- ways, streets, avenues, and alleys of the city, subject to the right of tion of bust- , 1 fi�hr ness,etc.,in travel and passage therein. they shall have authority to prescribe 1 { the city; the stands for all vehicles kept for hire, or used for the transporta- £ 1 nuisances,and tion of persons or property for hire; to designate the places where of penatiesiou loads of wood, coal, hay, and other articles may stand for sale; to regulate traffic and sales in the streets and upon sidewalks; to regu- late or prohibit the display,use, or placing of signs, advertisements, banners, awnings, posts, and telegraph poles in or over the streets; to prohibit immoderate riding and driving in the streets or over �i ## bridges; to regulate or prohibit all such sports, amusements, pro- ' ceeclings, and gatherings of crowds in the streets as may interfere with the lawful use thereof, or render travel or passage therein in- } iFlj convenient or unsafe; to prohibit and prevent the running at large Im rli of horses, cattle, swine, dogs, geese, and other domestic animals or fowls, in the streets or elsewhere in the city, and to impose penalties upon the owners or keepers thereof permitting the same, and to require and authorize the destruction of dogs found at large con- -015 t 'a; trary to the ordinances of the city; to cleanse and purify the streets; #}j and to prohibit, prevent, remove, and abate all nuisances therein, lf; and to require the authors and maintainers thereof to remove the a same and to punish them; and generally to prescribe and enforce #a all such police regulations over and in respect to the public streets as may be necessary to secure good order and safety to persons and property in the lawful use thereof, and to promote the general we]- m fare; and. in addition to all other powers herein granted, the council 'j jl shall have the same authority and powers over and in respect to the f## public streets of the city as are conferred by law upon highway gip 0 ", it commissioners in townships, and to regulate and establish the line upon which 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. expenses of SEC, 17. Whenever the common council shall determine that the public Improve- -pro manta—pro- whole or any part of the expenses of any public improvement shall r � d rl #iK N be defrayed by an assessment on the owners or occupants of houVs robe ow h ey and lands to be benefited thereby, they shall declare the same by property bene- an:entry in their minutes, and after ascertaining, as they may think 1ited. proper;. the estimated expense of such improvement, they shall declare by an entry in their minutes whether the whole or assessed to such owners and occupants, what portion thereof shall be specifying the sum to be assessed, and the portion of the city which t}ey deem to be benefited by such improvement; the costs and ex- penses of making the estimates, plans, and assessments incidental thereto shall be included in the estimated expense of such improve- ment; Provided, That in case of grading any street, a majority of Proviso—street the residents of said city owning property on any such street shall grafting. petition for such grade. If, after the survey and estimate of the expenses of said grade have been made, and before a contract is entered into by said city for the grading of any such street, a majority of such property owners shall remonstrate against said grade, and pay the expenses of the survey and estimates, such grade shall not be made unless petitioned. for again, and then not until after one year from said first petition. SF,e. 18. The assessor shall thereupon make an assessment upon speetai assess• al owners or occupants of lands and houses within the portion P ooemen s-- of ._o city so designated, of the amount of expense in proportion as man r of nearly as may be to the advantage which each shall be deemed to acquire by the making such improvements, and shall make out ,in assessment roll in which shall be entered the names of persons and the description of the property assessed, and the amount assessed to each person respectively, and in case any lots or parcels of real estate shall belong to a non-resident, or the owner or owners are unknown,the same shall be entered accordingly, with a description of such lots or premises, as is required by law in assessment rolls made by supervisors of townships, with the amount assessed there- on, which assessment roll shell be subscribed by him and returned within fifteen days to the common council of said city, unless such time be extended by resolution of said common council. SEc. 19. Upon such return being made and bled, the clerk of Notice of same to be adver- the city shall cause notice to be published in a newspaper of the used. said city for at least ten days, giving a general description of the section or the portion of the city determined by the common coan- oil to be benefited by such improvement, and that said council. will at-a,time and place to be designated in said notice,meet and review said assessment roll. SEC. 20. At the {lay appointed for that purpose, and such other gearing to be days as the hearing shall be adjourned to, the common council shall had the 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 assessment, either by the same person or by such other person as the common council shall appoint for that purpose; and in such ease the same proceedings shall be had as are herein provided upon the first order of the assessment; or the said common council may r and confirm such assessment without any corrections, or with s11vu corrections therein as they may think proper. M 46 CHARTER OF THE " # Confirmation SEC. N�' F S 'l. Every assessment so ratified and confirmed by the corn- fi same to be of al.same to be mon council as aforesaid shall be final and conclusive. Within ten . tion or same. days after such assessment sliall have been so ratified, the mayor shall affix to such assessment and tax roll his warrant for the col- lection thereof, which warrant shall direct the treasurer to collect the same within the time prescribed by the resolution of the conM- FF 3tf mon council;and the said assessment and tax roll, with the warrant of the mayor annexed, shall be delivered to said treasurer within " t the ten days aforesaid, who shall thereupon lie authorized to levy and collect the same by distress and sale of any personal property in possession of the person chargeable with such tax. �1 Milli; > same a lien on SEC. 22. Mien any special assessment for public, local, or other the property; ' i levy and ease improvements, or for any other purpose authorized by this act, tea, menon-pay- t.n pay shall have been made, as in this act pl ovicled, and the tax roll for ti e. same shall have been delivered to the 'treasurer for collection, .: �� � ', the same shall be a lien upon the premises upon which the same e �1M=, g such tax s was assessed, and the treasurer collectinhall levy and i collect the same of any personal property in the possession of that i � trsi person chargeable with spell tax, in the manner required by law; � 3i, � and in case suflicient personal property cannot be found whereon the treasurer shall, ithin five days to levy and collect such tax, 3 after the time prescribed by his said warrant for the collection �1 i, lei,§ thereof has expired, make a report to the city clerk of the sums so remaining unpaid, which he was uuMable for avant of such personal property, to levy and collect the same, together with the descrip- '� j;; incorporation tion of the premises assessed for such unpaid taxes; and the city {# of In general , tag roil• clerk within five days thereafter shall in like manner notify the s assessor of the amount of such taxes, and the description of the premises assessed and chargeable with such tax, who shall assess F such unpaid taxes on such premises in the tax roll of the proper i�i ward next thereafter to be 'Made, and such tax shall then be levied, 11, Ali( f q i collected, and returned, and the said premises may be sold or for- zfeited for non-payment thereof, as provided by law for the non- ...... �-� payment of the ordinary city taxes. axfffl;� Disposition or SEC. 23. If upon completion of any such improvement for which �i surplus. an assessment shall have been made it shall appear that a greater 4 amount has been assessed and collected than is necessary to defray „ }b ji the expenses thereof, the common council shall apportion such N excess among the persons owning the property assessed, in propor- tion to the amount collected of each description of such property, s a and shall pay the same to the person or persons who paid such excess on demand. Mill li�i Diflciency, SEC. 24. If it shall appear that a greater sum of money has been y how made up. expended in the completion of such improvement than was esti- 'F ," ',t�t s mated, as aforesaid, the common council may direct the assess111011t i S is ' of the whole sum on the owners and occupants of houses and lands benefited by such improvements, in the same manner as herein �t � 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. SEc. 25. Whenever any special assessment to defray the expense i F �i-no 1111,41 nF i 3 . Q Y i� f 1- of any improvement shall, in the opinion of the common council, Proceedings of �n be invalid, said council may vacate and set the same aside; and invalid ensa assess. ayoi when any such special assessment shall be so vacated, or shall be r I- held invalid by the judgment or decree of any court of competent st jurisdiction,said council may from time to time,until a valid. assess- c...- went is made, cause a new assessment to be made for the ant purpose for which the original assessment was made, and in the manner provided for making the original. assessment; and i whenever the tali, or any part thereof, assessed upon any lot .y J or parcel of real estate by the original assessment, set aside or held invalid as aforesaid, has been paid, and shall not have t been refunded, it shall be the duty of the treasurer to apply said payment upon the re-assessment on said lot or Yarcel of real estate, for and to snake a minute,thereof, upon the new assessment roll, and such re-assessment shall._ to the extent of such payment, be deemed i paid and satisfied, after which no part of the amount paid on the original assessment shall be refunded unless the amount paid, as fat aforesaid, exceeds the amount of the re assessment, in which case the excess shall he refunded, and the person who paid the same ' shall be the person entitled to the amount to be refunded. All the provisions of this act making special assessments a lien upon the )n lots and parcels of real estate enforced therein, and also those relat- so ing to the collection of special assessments, shall apply to reassess- ments. The provisions of this section shall apply to assessments heretofore made as well as those which shall hereafter be made. ty SEC. 26. Whenever any special assessment shall not have been warrant for collection of ie collected within the life of the mayor's warrant, affixed to the tagee map be i assessment roll, and shall not have been vacated or held invalid, the removed. mayor may affix a new warrant to such assessment roll, extending the time for the collection of the same so long as the common council shall direct, and may continue to affix new warrants to any such assessment roll, from time to time, under the directions of the common council, until the assessment is collected or returned. SEC. 27. The Board. of State Auditors shall allow the city of state to share expenses of f Lansing such sum or sums of money as they shall deem equitable Improvements r for any improvements made under this title, upon any street upon of streets on which its pror which any block or parts of a block of land belonging to the State erty abuts. i shall abut, and the Auditor General, on the presentation to him of any such account duly allowed, shall draw his warrant on the State Treasurer therefor. SE-c. 28. The common council is authorized. to assess the lands Lability of of non-residents and unoccupied lands of said city their just pro-lands�iax ter portion of the expenses of all improvements in said city in the same improvements. manner, and the amounts so assessed may be collected in the same manner as assessments for improvements on other lands. It shall owners to keep sidewalks in all cases be the duty of the owner of every lot or parcel of land in repair and in said city, to keep the sidewalk adjoining his lot or piece of and ice.lear of snow land in good repair, and also to remove and clear away all snow and ice and other obstructions from such sidewalk, and it shall be his duty to build sidewalks in front of or adjoining his premises. If any owner shall fail or neglect to keep the sidewalk adjoining his x ` 48 CHARTER OF THE 4 i? lot or piece of land in good repair the common council may cause the same to be done and paid for out of the contingent fund of the • t i;t city,and may add such expense to the amount of the general city tag �'H on such land in the next general assessment rolls of said city, and €_; b y, 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 Sidewalks to same manner as for general city taxes. All sidewalks built shall be be bunt by made of the material and be constructed in the manner and of the $�E• direction of council. width, as the common council shall,by a general ordinance, resolu- tion, or otherwise, direct. Limit of amount SEC. 29. In all cases of special assessments for local improve- of of special 1T`"A' aseeesment and meilts, no orders or warrants shall be issued that will in the aggre- � doneordera for work gate exceed the expense of such improvement, and in no case shall 1°'�� orders be issued while the work is in progress, to a greater amount t ��„`{. than three-fourths of the expense made at the time of issuing the %A �,rt�) same,to be ascertained from the sworn estimates of the city engineer i � RIFs or other person employed by the common council for that purpose; , l#, and in case of any re-assessment the whole amount so re-assessed shall not exceed the whole amount necessary to defray the expense of the improvement for which such re-assessment is made with the accumulated interest. z1" Bridges—build- Sic. 30. All bridges over the Grand, Cedar, and Sycamore Y ing and care of. rivers, and such other bridges as it majority of the common council r", '71 elect shall by resolution determine, within the limits of said city, shall be built and kept in repair by and at the expense of said city. The common council of said city is hereby authorized to levy,assess, and collect, in addition to all other taxes, a sufficient amount of tax annually for that purpose, which tax shall be known and desig- 1 ' hated as "bridge tax," and shall be used for no other purpose; ft rlrb, Proviso—limit Provided, That not more than three thousand dollars shall be raised 3Erfi�j of bridge tax. in any one year, unless all additional sums be directed to be raised. by the electors of the city -upon a question submitted to and voted for by them as provided in section five of title thirteen of this act. city may bor- Sm. 31. The common council are authorized to borrow, on the c h row money 4 for bridge faith of the city,such sums of money,not exceeding twenty five thou- purposes. sand dollars,for bridge purposes, as the common council maydeem gal, �� necessary, for a term i not exceeding twenty years, at a ate of inter- 3° , issue bonds. est not exceediug ten per cent, and for such purpose may issue the g i bonds of the city, signed by the mayor and countersigned by the JI clerk of the city, in such form, and sums as the common council shall direct; such bonds shrill be disposed of under the direction of, the common council, fora sum.not less than their par value, and the avails thereof shall be applied to the purposes for which such monev Proviso—rela• was raised and for no other purpose: Provided That no bonds rive to house. shall be issued by order of the common council for such purpose our p � 1 i,? 1 ,3 specified in this section unless the amount for[of] such bonds shall have been determined by a vote of the tax-paying electors of the city; such meeting to be called, and the vote to be had and deter- mined in the manner provided for in section five of title thirteen of M , this act, and provided that not more than two of such meetings shall be called or held in any one year. SEC. 32. The city shall not be responsible for the care, improve-edi Dios f Fly ment, or repair of any street or alley hereafter laid out or dedicated to be accepted Ix to public use by the proprietors of any lands, unless the dedication befoab for re i' shall be accepted and confirmed by the council; and to enable the of same• council to determine whether they will accept and confirm any iu such alley, street, or streets, a certified copy of the plat of the ie same, and if a part of any addition to the city, a certified copy in full of such addition, shall be filed by the owner thereof with the i city clerk prior to the confirmation or acceptance of any such street z- or alley by the common council. TITLE XIII. li OF TUXES, FUNDS, .AND EXPENDITURES. t SECTION 1. The city assessor shall, before the third Monday in.assessment, ar, make and complete the assessment of time of making. May, in each and every ye all the real and personal property within the several wards, in the 1 same manner, as near as may be, as is required by law for the E assessment of property in the several townships of this State, and in so doing shall in all respects, 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 F of property and levying of taxes: Provided, That for the year eight-Proviso. een hundred and seventy-seven, the city assessor shall, before the thirtieth clay of July, make and complete the assessment of all the real and personal property within the several wards, as hereinbefore provided. SEC. 2. For the more effectual assessment and collection of taxes Assessment on upon, such State lands, whether primary school, State building part spaid state 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 remains in the State, it shall be the duty of the city assessor, at least thirty days before the time prescribed in this act for complet- ing 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 deliver to the said assessor a cor- rect list and description of all such State lands within the limits of the said city, which list shall be filed by said assessor and kept in his office, and so much thereof is shall be situated in any of the wards of the said city shall be enrolled in a separate part of the assessment roll of such ward, Linder the title of C!State lands," and if occupied shall be assessed to the owner, occupant or occupants thereof, but if nab occupied, and the owner be not known, shall be assessed as non-resident. SEC. 3. The supervisors of the several wards, together with the Boardofreview, city assessor, shall constitute a board of review of assessments. On duties of. the third Monday in May of each year, the said board of review shall meet at the common council room, and there proceed to review and correct the assessments made by the city assessor in the 7 x 54 CEARTER OF THE r �fN several wards; and for that purpose said board shall have the same powers and performm the same duties in all respects,is as supervisors i of townships, in reviewing and correcting assessments made by them; and shall also have the power, and it shall be their duty, to equalize the assessment rolls of the several wards of the city. Said boards shall continue in session not more than six daps, for the pur- �;'' pose of completing such review, during the fourth and fifth of which any person interested may be present and make appear and Notice of be heard, but after which no assessment shall be increased. Notice ' meeting. of the time and place of the meeting of said board for the purpose aforesaid, shall be given by the city clerk, by publication in one or more of the newspapers of the city, and by posting notices in three x� of the most public places in each ward, at least one week before the Proviso. time for the review: Provided, That on the first Monday in August, for the year eighteen hundred and seventy seven, s,id board of j� review shall meet at the common council room, and perform the i` duties as hereinbefore provided. Assessment to SEC. 4. When the board shall have reviewed, corrected and be certifiedequalized the assessment rolls of the several wards they shall, in review. addition to the certificate required to be made by the city assessor, add their own certificate trfid;atd,to each roll, signed by at least a majority � of them, showing that they have reviewed and equalized the rolls, and within thirty clays thereafter the city assessor shall deliver a rM certified copy of such assessment rolls to the city clerk, to be filed Equalization of in his office for the; use of the council. The board of review shall ` assessments. have authority to equalize, alter, amend, and correct any assess-ment or valuation, and to place upon the assessment roll of the proper ward any taxable property, real or personal, not already s k:c assessed, held, or owned by any person or persons, and to strike from'said roll any property wrongfully thereon. The concurrence -' of a majority of the board shall be sufficient to decide any question f i Time to report in altering, correcting, or equalizing any assessment. The board to council. shall certify the equalized valuation of each of the several wards to the common council, on the second Alonday in June: Provicdecd, Proviso. That for the ,year eighteen hundred and seventy-seven, the board of review shall certify to the common council on the second -Mon- ix clay in.August, as hereinbefore provided. i. Council to SEC. 5. It shall be the duty of the common council, on the determine amount of fourth Monday in Alay, or as soon thereafter as may be, of each - taxes. ear, to determine b resolution the amount necessary to be raised Classification 1y tad, r for the following general purposes in said. city viz: contirr- r offnnas. gent expenses fire department, sewerage paving, the erection of ? t public buildings, and the purchase of lands therefor, cemetery, bridges, interest, and sinking fund, delinquent tax, and general j street improvement fund, and for paying any liabilities which may Limit of have been incurred by said city. The common council may raise *.. ! taxation. by tax, to be levied upon the real and personal property within said city, such amounts so d-eterinined, not exceeding seven mills on the dollar (exclusive of the principal and interest on the indebt- edness of the city), on the assessed valuation of such real and per- sonal estate within the limits of said city, according to the valua- t tion tinereof taken from the assessment rolls of that year, which amounts, determined as aforesaid, shall be apportioned among the Apportionment. severalwards of the city according to the valuation of the property inn the assessment rolls, as equalized by the board.of review of the citgeon the record: y, provided for in section three of this title, and the apportion- zD ment of.the commonL three-fourths s vote of all lnecouncil shall be ell t toyed aln embers elect of Proviso relative rov`i(led, That by to increase. the con council, they shall have power to increase the aggre- gate amount so to be raised to one per cent on the dollar of the assessed valuation of the city; and the common council,in addition to the other amounts herein authorized .to be raised, shall deter- mine the amount necessary to be collected ill each ward respectively, for ward and highway purposes,not exceeding two thousand dollars in one ward; but all ward and highway taxes shall be passed no the credit of and expended in the ward in which they may be col- of the rases. netted; and it shall be the duty of the assessor to levy the sums so gganner or levy apportioned to the respective wards upon the taxable property re h ward, in the same manner as taxes for township purposes are required by law to be levied by tine supervisors of the townships of thus State. It shall be the duty of the city assessor to levy the the respective wards for State and county sums apportioned to taxes, and such other taxes as may be required by law, upon the taxable property of each ward, in the same manner as taxes for- or . township purposes are required by law to be levied by the supervis- ing map in- ors of the townships of this State. Whenever the common council Citizens'meet. shall deem it necessary to raise a greater sum in any one year than creation to of the amount specified and limited in this section, they map caul a meeting of the resident tax-payers of said city, by giving at least votiee of. ten days' notice in written or printed hand-bill, to be posted up in sir public places in said city, and by publishing said notice in one or mo Of hold- re of the newspapers published in.the city, which notice shall IInTime eeting. state the time and place of said meeting, the amount of money to be raised, and the purposes for which it is to be expended, and when such meeting shall be held in pursuance of such notice, it 1 shall be holden from one o''clock. i. At., and kept open until seven o'clock P. _NI., of the same day, and su.eln tax-payers by ballot, shall sabot. determine whether the money shall be raised for the object specified Proviso to limit u in said notice: P�°ovz;dt rd, 'L'hat sch tax voted at any such meeting, taxation, h shall not in any one year exceed one per cent upon the assessed valuation of the real and personal property taxable within the tiny, unless otherwise provided in this act: tl.�aiG yri°02acGeil rho, That not number of to shall be called or held in any one meetings. more than two etch meetings year; and at all such nneetings the connmon Council shall appoint a aen ctors. Ts board of inspectors from their own numbers, to consist of not less than two members, who shall open, conduct, close and deternnine s the result in the same manner that elections for city officers are in conducted nutlet or by virtue of this act. SEC. 6. The city assessor shall znalie and complete tax rolls of sty when the the several wards of the city, and shall carry out in appropriate be completed. columns due frte om omheach cial s ich descriptions of of d in each land for Hall cltaxes a_ ...:amount due fx , 2 CHARTER OF THE assessed for the year, except State, county and school taxes, and shall deliver the same to the city treasurer on or before the second Monday in July of each year, with his warrant attached to each of Time for said assessment rolls, under his hand, commanding the treasurer to collection. collect within forty days, from the several persons named in said rolls, the several sums mentioned in the last column of said rolls opposite their respective names, and pay the same into the city treasury to the credit of the several funds for which the assessments are made. And the said warrant shall authorize the city treasurer, in case any person named in the assessment rolls shall neglect or refuse to pay his tax, to levy the same, by distress and sale of goods Notice of and chattels of such person. And when such tax rolls are delivered delivery to be to the citytreasurer as aforesaid, he may notifythe taxpayers ers of published. y p y the city'by publishing such notification in one or more of the news- papers published in the city for at least five days, and after such notification it shall be the duty of each and every person against whom taxes are assessed to pay the same at the office of said city treasurer. Taxes a lien on SEc. 7. The taxes so levied for city and ward purposes shall be property. and remain a lien-upon the property on which the same was levied, in like cases, and to the same extent, as taxes required by law to be. levied on property in the several townships in this State are liens Delinquent upon property. And within thirty days after the expiration of the apply law to C apply to. time named for the collection of such taxes in the preceding section, the city treasurer shall return a list of all such unpaid taxes to the common council, and the common council shall direct the city assessor to carry into his next assessment roll for State, county,and school purposes all such delinquent taxes so returned, with a pen- alty of ten cents on each dollar of the slim total of taxes assessed to each particular description of land, and which penalty shall be carried out opposite to each such particular description of land, in a column provided for that purpose, 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 next non-payment of such city taxes, except as herein otherwise provided. Tax roll,gener- Snc. S. The city assessor shall make and complete, as far as pos- al—when to be completed. Bible, tax rolls of the several wards of the city, in the manner an at the time provided in the preceding section,for spreading thereon the amounts apportioned against the several wards for the State, county and school taxes, and shall complete said rolls and deliver them to the city treasurer at the time prescribed by law for the delivery of the township rolls to the township treasurer, and a copy to the city clerk, with his warrant attached to each of said assess- ment rolls, under his hand,commanding such treasurer to collect from the several persons named in the said rolls the several sums mentioned in the total cohimn of said rolls opposite their respective names,and to retain in his hands the amount receivable bylaw into the city treasury, for the purposes herein specified, and to account for and to pay over to the county treasurer the amounts therein specified for State and county purposes, on or before the first day 1 of February next following, and the said warrant shall authorize the city treasurer, in case any person named in the assessment roll shall neglect or refuse to pay his tax, to levy the same by distress advertise. And sale of goods and ahatteis of such person. And when such tax Treasurer to rolls are delivered to the city treasurer as aforesaid, he may uatify the tax-payers of the city by publishing such notification in one or N more of the newspapers published in the city for at least two slc- cessive weeks; and after such notification it shall be the duty o each and every person against whom taxes are assessed to pay the '., same at the office of said city treasnrer. taxes- SEC. 9. For the collection of all taxes the treasurer shall e Fees for col section of taxes. - rcentage as shall be prescribed by the entitled to receive such pe common council by resolution, not exceeding two per cent upon the sum collected,upon all general and special rolls,but he is here- t for an by prohibited from charging any percentage to esalc or special ,-assessment, transfer or remittance of taxes, g ordered by the common council, or for any public moneys received from the county treasurer or other persons, exclusive of taxes. No percentage added for the collection of taxes shall be added to the tax assessed, but shall be paid from the contingent fund, on the order of the city clerk, duly audited and allowed. SEc. 10. The net proceeds of the sales of all property delinquent Proceeds ece dean- for non-payment of city taxes, shall be paid to the treasurer of said n how tax ooed& s city by the treasurer of the county of Ingham, whenever require ed by the city. 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 prop- z erty within said city returned delinquent for non-payment of city taxes, shall in like manner be paid to said city reasurer. It shall be the duty o State Lana SEc. 11. f the commissioner of the State commissioner land office, within ten days after the receipt by him of the returns office f ands to of the county of Ingham, of lands assessed as State lands, as pro' AuditorGener- vided in section two of this title, to cause to be made ont, certified at and delivered to the auditor general a correct list of all said State lands, together with the taxes assessed thereon, so returned to him as aforesaid; and the auditor general shall thereupon cause Aid county of Ingham a "ll taxes so returne . to be credited to the s lands with SEC. 12. It shall be the duty of the said commissioner of the same toe charge State land office, on receipt of the returns as provided in the last Penalty d preceding section, forthwith to charge to each description of land contained i ereinlx ands the tile eupone suclie taxes aringtltogetl err have been same to be a assessed tli interest thereon at the rate of fifteen per cent per annum,from the fast day of February next preceding, shall remain and continue a charge and lien neon the interests of the respective purchasers of and s such lands, to the same extent, hall be enforced and collected in the same manner, in every respect, as now is, ar shall hereafter be, provided by law for the enforcement and collection of the inter remaining upon the balance of purchase money remaining unpaid upon such lands. SEC. 13. It shall not be lawful for the common council (except Limnciifmay unt as herein otherwise provided) to borrow any money or authorize borrow,etc. k I � ' �s '! CHARTED: OF THE is 54 all creation of any liability or iiulebtedness against said city in any y the amount of one per cent of one year exceeding in the aggregate nor the assessed vahlatioll of tic sate anlinclebtecl.ty in aesst b�ondedlorl other- ever YI„ lawful for the city to i wise, which shall, tivitll tie indebtedness existing from time to time, exceed ten per cent of the assessed valuation Of the property 31, of the precciling year; and in case any sum or slims of money shall i lzj be borrowed by said comuloll council the sane shall be paid out of the sums raised by tax for such year, if the payment thereof is not otherwise provided, and all sums Of money borrowed by said city shall be applied to the purposes for which this same was borrowed., j .lit inld for n0 other purpose whatsoever; but nothing in this act con- 1 tamed shall be construed to prohibit said e0nirnoll council from li # 1+ lnttkinQ• assessments such levying such toll©sting taxes for t1e lnu•- pose of local improvements. 41' sinking fund— Sic. 14. It shall be the duty of said council, in each and every conned to pro- year, SO 4. as the city shall rG'main In debt,t0 include in the taxes vide for. levied a snln ],lot less than the amount of the bonds and.interest coming due in said year• Demands 51:G. 10. 'I'l18 COmInOn con' S11 ill exanllne, Settle, slid a1101v against the city —settlement all accounts and demands lalopelly chargeable against the city, i>s [ ` �1 - and Payment of. „ well of its officers as other persons, such shall have authority to N�Il,� provide Weans for file payment of the same, and for defluying con- it Ill expenses of the said city, subject only to the limitations such restrictions in this act contained. Money to be Sic. 16. No money shall be drawn from the city treasuryexec ted Pt yr� drawn from school moneys, unless it shall have been previOl l p p treasury onYy on apP=oP=ia• the purpose for which it shall have been drawn; and all ordinances, tion. resolutions, such orders directing the payment of money shall specify }f. the object and of such payment,and the fund from which j purposes it shall be paid, which shall be certified by the clerk, and coon he signed by tie auditor, before the same shall be paid by the treasurer. III 5 g. indebtedness , �o. 1'7. N 0 bond, obligation, or evidexlee of indebtedness o' sale moor of cen- cityshall ever be riven Or Issued nor shall any debt ci contracted b Crary to this by said city, or by any officer thereof in his official capacity,whereby charter. the said city'shall beco111e obligated t0 pay an3' sum of money' 1 �.0 except as expressly provided in this act, 01 tile all act of the legisla- orders on tore. Nor t1 shall theltreasllry whrder or et tl exre shall not lbe sufficient fn_lel_lt Of unds l� treasury not to be drawn p exceed cash on hang. in the treasury to pay tie,same, except in payment of t le neces- �Y sary contingent expenses of the city, unless the samO shall have Pill been submitted to and voted for by the electors of said city in con- Proviso—special fOrmty t0 this act, 01' all act Of- 5 the leglslatllrei h?02'bIZG'CZ, That assessments. in cases of special assessments, under title twelve of this act, orders or warrants may be drawn to the amount of the assessment made. council may SEC. 18. The comnian council shall have power and authority 0 make by-laws for the assess make such establish all necessary by-laws for the assessment such col- council merit grid on of taxes, and every local, special, or general assessment,tenet- w collection of taxes. tax lawfully imposed by said eoDimon council, 0n any lands, merits, hereditaments, or premises whatever in said city. =-s s CITY OF LENSING. 55 k, TITLE YIV. � f OF PREVENTION :VND EXTINGUISHMENT OF 1+IRES. SECTION 1. For the purpose Of guarding against the Calamities common coun- cil to regulate of fire, the common council may, from time to time, by ordinance J�buildings sn o designate such portions and lasts of the said city -is the shall g 1 l y y adi to prevent t 4 ch no buildings of wood shall be erected, �e think proper, within whi 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 such ordinances or regulations, shall forfeit to the city the sum of one hundred dollars; and every building erected contrary to such ordi- fiance is hereby declared to be a common nuisance, and may be v abated and removed by such common council. SEC. 2. The common council may, by ordinance, require the Idem. a owners and occupnts 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 r - y buildings 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 10 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 or li- A nance. 41 SEC. �. The COmn1011 council may, by ordinance, requir8 thP, Council may ' require posses- inhabit 1. ants of the city to provide such and so many fire bnekets lien or are a ' for each house or tenement therein, and within such time as they buckets. - �. shall prescribe, and may require such buckets to be produced at every fire. SEC. 4. The common council may regulate and direct the C011- General regula- struction of safe deposits for ashes, and may compel the cleaning of lions of fires. chimneys, flues, stove-pipes, and all other conductors of smoke; b t and upon the neglect of the owner or occupant of any house, terse- ment or building of any description, having therein any chimneys, flues, stove-pipes, or other conductors of smoke, to clean the same, is shall have been directed by any ordinance, the common Council may cause the same to be Cleansed, and may collect the expense thereof, and ten per cent in addition, from the owner or occupant =� have the same cleaused. whose duty it vas to r' nforeing SEC. 5. For the purpose of e such regulations, the Com-Enforcement �l mon council may authorize any 0f the officers of the said city, and of same• may appoint persons at all reasonable times, to enter into and ex- amine all dwelling houses, buildings, and tenements of every description, and all lots, yards, and enclosures, and to cause such a� as are dangerous to be put in a safe condition; and may authorize such officers and persons to inspect all hearths, fire-places, stoves, 1 . i pipes, flues, chimneys, or other conductors of smoke, or any appa- ratus or device in which fire may be used, or to which fire may be ,3 t { 4 a�3 A h �^ 5E CHARTER OF THE applied, and remove and make the same safe, at the expense of the owners or occupants of the buildings in which the same may be, and to ascertain the number and condition of the fire buckets, and the situation of any building in respect to its exposure to fire, and whether scuttles and. ladders thereto have been provided, and gen- erally with such powers and duties as the common council shall deem necessary to guard the city from the calamities of fire. Appliances for SEC. G. The common council may procure, own, build, erect, extinguishing fires—council and keep in repair, such and so many fire engines with their hose may provide. and other apparatus, engine houses, ladders, fire hooks, and fire buckets, and other implements and conveniences for the extinguish- ment of fires, and to prevent injuries by fire, and-such and so many public cisterns, wells, and reservoirs of water, as they from time to time shall judge necessary. Fire districts— SEC. . The common council shall have power to organize said city may be divided into. city into as many fire districts as they may deem necessary, and Organization of inay organize and maintain a fire department for said city, to con- same. sist of one chief engineer, one assistant engineer, twice as many wardens as there are wards in the said city, a proper number of firemen not exceeding fifty to each engine, such number of hook and 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 durinZD g the pleasure of the common council. Council may SEC. S. The common council may make rules .and regulations prescribe rules for government for the government of said engineers, wardens, firemen, hook and of firemen. ladder men,' and tub and hose men, and may prescribe their respective duties in case of fire or alarms of fire; may direct the dresses and badges of authority to be worn-by them; may pre- scribe and regulate the time and manner of their exercises, and may impose reasonable fines for the breach of any such regulations. Duties of SEC, 9. The engineers and fire wardens, under the direction of engineers,etc. the common council, shall have the custody and general superin- tendence of the fire engines, engine houses, hooks, ladders, hose, public cisterns, and other conveniences 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 extinguishment of fires are duly executed, and to make detailed and particular reports of the state of the department, and 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 fact in all courts and places, on proof of the genuineness of such certificate. Council to reg- SEc. 10. The common council may, by Ordinance, direct the ulate the ring- ing of Eire bells. manner In which the bells of the city shall be tolled or rung nil cases of fire or alarms of fire, and may impose penalties for ringing or tolling of such bells in such manner at any other time than dur- ing a fire or alarm of fire. Src. 11. The common council may provide suitable compensa- vice m yenoa tion for any injury that any fireman, hook and ladder mail, or tub tion for injury and hose man, may receive in his person or property in consequence to firemen. of his exertions at any fire. Sr,.(,,. 12. The common council may by ordinance: council may make special Furst, Prescribe the duties and powers of the engineers and ordin co curie. ativewardens at fires, and in cases of alarms of fire, and may vest in of engineers, them such powers as shall be deemed necessary to preserve property etc l from being stolen, and to extinguish and prevent fires. Second, Prescribe the powers and duties of the mayor and alder-Relative to du- lea of mayor men at such fires, and In cases of alarm; but in no case shall the and aldermen mayor or any alderman: control or direct the chief engineer or his at area• assistant during any fire; keeingTNrd, Provide for the removal and keeping away from such Relative away fires of all idle, disorderly, or suspicious persons, and may Confer disorderly powers for that purpose on the engineers, fire wardens, or officers persons. j of the city; Fourth, Provide for compelling persons to bring their fire buck- Relative to compelling ets to any place of fire, and to aid in the extingl118h121eY1t thereof assistance, etc., by forming lines or ranks for the purpose of carrying water, and at fires. by all proper means to aid in the preservation, removal, and secur- j ing of property exposed to danger by fire; Fifth, To compel the marshal, constables, and watchmen of the dunes of to city to be present at such fires, and to perform such duties as the steal,etc.,at are®' said common council shall prescribe. t _ Src. 13. Whenever any person shall refuse to obey any lawful Penalty ee or is order of any engineer, fire warden, mayor, or alderman, at any fire, officers at fires. it shall be lawful for the officer giving such order to arrest, or 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 offi- cers, or any of them, may arrest or direct the arrest and confine- meat of any person at such fire who shall be intoxicated or dis- . orderly. Src. 14. Whenever any building in said city sliall be on fire, it mayebe torn ings sliall be the duty and be lawful for the chief engineer, with the down to arrest consent of the mayor or any alderman, or any two aldermen, to progress of fire. order and direct such building, or any other building which they may deem hazardous, and likely to communicate fire to other buildings, or alY•y 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 damages e of building so destroyed or injured, may, within three months there-therefor. after, apply to the common council to assess and pay the damages he has sustained. At the expiration of three months, if any such application shall have been made in writing, the common council shall either pay to the said complainant such sum as shall be agreed upon by them and the said claimant for such damages, or if no such agreement shall be effected, shall proceed to ascertain the amount of such damages, and shall provide for the appraisal, assess- ment, collection, and payment of the same in the same manner as � i P i s 7 58 CHARTER OF THE is provided by this act for the ascertainment, assessment, collection and payment of damages sustained by the taping of lands for pur- poses of public intprove11-1ertt. nsethod of SI G. 15. The commissioners appointedd to appraise an assess the a m utinE the damages incurred by the said claimant by the pulling down or destruction of said building by the direction of the said officers of .. tile city, as above provided, shall take into account the probability of the same having been destroyed or injured by lire if it had not n an been so pulled dowd 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 damages, a compliance with the terms 1 thereof by the common council shall be deemed a full satisfaction of all said damages of the said claimant. TITLE XV. OF PUBLICSCHOOLS Jg City to be one SECTION 1. The city of Lansing shall constitute one school dis- schoof district. trict. The members of the board of education shall be a body Board of eau- corporate by the name and style of " h the board of education of te cation body corporate. city of Lansing," and by that name may sue and be sued, and shall be subject to the laws of this State relative to corporations that i may be applicable thereto. They shall hold and control all moneys, }y +� real and personal property, or other rights belonging to said school district, and shall use and expend the same solely for the benefit of the common school or schools in said city. embers of said _ board shall receive no pay for their ordinary duties, but may be paid for special services such sums as the board Shall in each case determine. { Board of cants. Sr 2. The board of education shall meet, from time to time, #}� tion—quorum, officers,etc. at such place in said city as they may designate. A majority of all f the members shall constitute a quorum. They may elect from their number a president, clerk, and treasurer. The said board r;, shall keep a record of their proceedings, which shall be signed by a the president and cle}k; and any proceedings of said board, certi- 1 a fled by the president and clerk, shall be evidence of the facts there- E in contained. The justices of the peace shall have jurisdiction over all l�rosecntions for the violation of the by-laws and ordinances passed by said board. Special powers 5F0. 3. The b0ard Of eclllcation shall have full power and author- Special duties of �: hoard duties Odd ity, and it shall be their duty: tion. first, To purchase sites and build school-houses in said city, except as hereinafter provided; ,Second, To establish a high school in said city; 77airfl, To appoint a superintendent of the common schools in t said city, under the charge of said board, with such compensation as they shall deem proper, and with such powers and duties as they • shall prescribe; and it shall be his duty to act as clerk of said board if required; t4 y Y" CITY OF LANSING. 59 1'a2cr tic, To establish a school library in said city, and designate the place or places where the same shall be.kept, and to appoint a ' librarian; fth, To apply for and receive from the county ar city tressF' (? rarer, or other officers all moneys appropriated, or belonging to they primary school funds of said city, or for library purposes, and to �1 expend the same according to law; but no money shall be drawn from the city treasury except upon the order of the city clerk, duly countersigned by the auditor; j h'c.zfla, `l'o make by-laws and ordinances for taking the census of the children of said city; far making reports, and all things that S '4 2 shall be necessary to draw the proportion of the primary school fund belonging to said city; for visitation of schools and the length of time schools shall be taught, which shall not be less than nine ,x months in each year; for the employment and examination of €, teachers, and their powers and duties; for the regulation of schools, and the books to be used therein; for the appointment of necessary }a loiters, and to prescribe their powers and duties; for all necessary purposes that may advance the interests of education in said city, Iliad the good government and prosperity of public schools. l SEC. 4. The treasurer of said city shall collect the money and ,o be k111 as a keep all school funds belonging to said city separate from all other `s y ilea carer. fonds, and,he shall pay over to the treasurer of said board all moneys on the order of said board; shall report to the board the he sha condition 'f the school fund whenever requested by them. �. The board of education of said. city are hereby author- Bone tdeter- SEC. ized, and it shall be there duty, once in each year, to ascertain and necessary for each class of ; determine, by resolution passed at any rezn gular' meeting Of said expenditure s board, by a vote of a majority of all the members, the sums neces- purposes a s try and proper for any or all tlae following purposes: I't rsf, To lease, enlarge, alter, vi improve and repair school-houses and their out-houses and appurtenances; '` g�,,o�zd lb purchase, exchange, improve and repair school appa- _ r atus, books, furniture, and appendages; 111tir��d, To procure fuel, raid defray the contingent expenses of the schools and the expenses of the school library of said city, and Jrb the necessary contingent expenses of said board; Lora-�t1a, To purchase books for the School library of said city; Fifth:, To pay teachers' wages after the application of public tit moneys which may by law be appropriated laid provided for that or purpose; and the amount so determined by said board shall be sub- meted to mitted by them to the voters of said district at the annual school approval. meeting, or at a meeting reguiaaly called for that purpose; and theAoi n 1, voters at such meeting shall determine by a majority of the r; voters present, whether said sum, or any part thereof, shall be raised an the taxable property of said district; and the clerk k of said board of education shall certify to the city assessor, whose duty it shall be to assess the ordinary city taxes, the sums so ascertained and determined by said meeting; and the said city ou tax ble�e 4 assessor, whose duty it shall be to assess the ordinary city taxes, property In ums so certified to them upon the taxable property the c i shall levy the s ty Si h z V. 60 CHARTER OF THE of said city, in the same manner and at the same time as the State and county taxes are levied. Treasurer of SEC. G. The treasurer of said board shall have charge of all board—duties and bonds of, moneys or funds belonging to the board, and he shall pay them out only upon the order of said board, signed by the president and countersigned by the clerk thereof. Said treasurer shall give bonds, with good and sufficient sureties, for at least double the amount of moneys intrusted to his hands, for the faithful discharge of his duties. .Board to deter. SEC. 7. Whenever the said board shall from time to time deter- mine amount to be raised for mine by resolution what sum or sums of money may be necessary building to erect school buildings, or a school building on block eight-one purposes. of said city, or other buildings used for school purposes in said city, said sum, or such part thereof as they may deem necessary, shall be assessed and levied on the real and personal property of said city, for such building purposes, to be collected as other school moneys, and applied by said board for building as aforesaid: Provided, Proviso—same Said resolution shall have been first approved by said school dis- to be approved by voters of trict, to be determined by a majority of the votes cast in said dis- district. trict, at a regular city election, or at a school meeting of said district called by said board for that purpose, said meeting to be called in the same manner as is provided by law for school districts in this State. Vacancies on SEC. S. In case of a vacancy in the office of a member of said board,how mica. board, the same shall be filled by appointment by a majority-of said board, of a person from the ward in which such vacancy exists, which appointment shall be until the next annual election,and until his successor is elected and qualified. General school SEC. 9. All provisions of the general laws of this State, relative district e°f to the common and union •schools, shall apply and be in force in said city, except such as may be inconsistent with the provis- ions of this act, or with the by-laws and ordinances of the board of education, made under this act. Members of SEC. 10. No member of the board of education shall be directly board may not be interested or indirectly interested in any contract as principal, surety, or In contracts• otherwise, the expenses or consideration whereof are to be paid under any act or ordinance of said board of education, nor be surety or bondsman on any contract or bond given to said city or board of education. TITLE XVI. MISCELLANEOUS PROVISIONS. sureties— SECTION 1. The common council, or the mayor, or other officer determination of sufficiency, 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. oaths before SEc. 2. The mayor or chairman of any committee or special council—ad. committee of the common council shall have power to administer ministration of. an oath, or take an affidavit, in respect to any matter pending be- fore the common council or such committee. SEc. 3, Any person who may be required to take any oath or this act,under 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, sI all be guilty of perjury. SEc. 4. If any suit shall be commenced against any person sea s of suits elected or appointed under this act to any office, for any act done or omitted to be done ender such election or appointment, or against any person having done any thing or act by the command ' of any such officer, and if final judgment be rendered in such suit defendant shall be entitled to costs, he shall whereby any such recover double costs in the manner defined by law. the city—issue SEc..5. All process issued against said city shall run against said Process against city in the corporate name thereof, and such process shall be served and service of. 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. SEc. 6.`.Ilie style of all ordinances shall be, °`Be it ordained by style nandvotes the common council of the city of Lansing." All ordinances shall on passage. require for their passage the concurrence of a majority of all the aldermen elected. Maifeasanca in SEc. 7. If any officer of the corporation shall,directly or indirectly, office defined. appropriate or convert any of the moneys,securities,evidences of val- ue,or any property whatsoever belonging to the corporation, or any board thereof,to his own use,or shall directly or indirectly and know- ingly, appropriate or convert the same to any other purpose than that for which such moneys, securities, evidences of value, or prop- erty may have been appropriated, raised, or received, or to any pur- pose not authorized by law,lie shall be deemed guilty of willful and corrupt malfeasance in office, and may be prosecuted, tried and con- victed therefor, and, on conviction, may be punished by fine, not therefor.Penalty exceeding one thousand dollars, or by imprisonment in the State prison for it period not exceeding three years, or both, in the dis- cretion of the court. SEc, S. The common council shall have power to contract with contr i�with any safe bank, banks, banker, or bankers in said city, for the safe keeping fo safe keeping of the public moneys belonging to or in the custody of said moneys and city, and for the payment of interest thereon, at a rate not exceed-use of same,etc. ing that established by law, upon such moneys of the corporation, or in its custody, deposited with such bank [banks], banker, or bankers, and to be drawn on account current from such bank, banks, banker, or bankers by said city or proper officer thereof,and such interest shall belong, and be credited, to the contingent fund of said city. And the common council may by ordinance or other- wise, make such rules and regulations, and prescribe such eondi- 62 CHARTER OF `L'HE Lions relative to the letting of said contract, the drawing upon said moneys so deposited, and the securities to be given by such bank, banks, banker, or bankers, for the moneys so deposited, as to said common council may seem just and for the best interest and secur- ity of said city. Vagrancy SEC. 9. All persons hieing habitual drunkards, destitute, and defined. without visible means of support, or who, being such habitual drunkards, shall adaudon, neglect, or refuse to aid in the support of their families, being complained of by such families; all able- bodied and sturdy beggars, who may apply for alms or solicit char- ity; 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 it good account of themselves; all common brawlers and disturbers of the public quiet; all persons wandering abroad.and begging, or who go about from door to door, or place themselves in streets,, highways, passages, or other public places, or beg or receive alms within the said city, shall be deemed Penalty vagrants, and may upon conviction before any justice of the peace therefor. of said city, be sentenced to confinement in the county jail or city penitentiary, for any time not exceeding sixty days. Supplies,etc., SLc. 10. No property, supplies, or other article of whatever for city—rules for purchase of. name or nature, shall be purchased for or in behalf of the city, unless ordered by vote of the common council, or with the written consent of the mayor or city clerk; the city clerk shall keep a record of all property purchased for the city, and shall charge the same to the officer or department for whom the same was purchased and receiving the same, and shall report annually to the common council, on the last Monday in April, a detailed list or statement of all such property or supplies so purchased, find to whom delivered. It shall also be the duty of each and every officer and employe of the city to make a report annually, in writing, on the last Monday in April, of all property or effects in his hands belonging to the city, which several reports shall be referred to a committee of the council for examination. Any officer or employe of the city who shall fail or neglect to make the report provided ill this section. shall be deemed guilty of a misdemeanor, and niay be prosecuted, tried and convicted therefor according to lair. Confinement SEC. 11. Any person arrested by virtue of any process issuing of offenders the from all court of justice In said cif or authority of an officer against the pity. Y � .Y, Y ` Y Y of said city, may be confined in the city penitentiary, in the same manner as prisoners are, or may be detained, in the jail of Ingham. county; and any law of this State prohibiting escapes, aiding pris- oners to escape, or any other act detrimental to the safety of pris- Proviso— oners in a county jail, shall apply to said prison: Provided, That removal to jail the common council or mayor of said. city may at any time direct may be ordered. any or all such prisoners to be removed from said penitentiary to Proviso—idem. the jail of the county of Ingham: And Provided, Stich prisoners, or any of them, may at any time, in the first instance, be confined in the said county jail whenever the same may be deemed necessary Expense of by said common council; and the keeper of said jail or penitentiary same. shall be allowed such compensation for keeping and providing for I........... . CITY OF LANSING. 63 RE prisoners confined therein as the common council may determine to be jflst and reasonable, not exceeding the amount allowed by the ji l supervisors of Ingham county for county prisoners. All suits which shall be brought to recover an penalty or suits in behalf SEc. lw. g y} y � �i forfeiture for the violation of any ordinance of the common council of ty— nner ofci and rulesma to shall be brought in the name of the city of Lansing, tinder the govern. j 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 i 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 inqui- sition or assessment, or my 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 officer is interested; nor shall any judge of any court be disqualified to hear and adjudicate }; i on an appeal in any matter originating in said city, because he is t an inhabitant thereof. SE,c. 13. If any judgment in any action shall be rendered against agdg9e city the city by any justice of the peace, such judgment may be removed may be repeal• by appeal to the circuit court for the county of Ingham in the ed,etc. 1 same manner and with the same effect as though the city were a ' natural person, except that no bond of recognizance to the adverse party shall be necessary to be executed by or on behalf of the said City. SEe. I4. Every execution for any penalty or forfeiture recovered Execution for for the violation of any of the provisions of this act, or for the vio- and terms of e }' lction of any by-law or ordinance of the said city may be, issued j. i' irnniediately on the rendition of the judgment, and shall command the amount to be made of the property of the defendant, if any such can be found, and if not, than to commit the defendant to the county jail or city penitentiary, for such time as shall have been directed.by the ordinance of the common conncii. SEC. 15. The common council may direct any moneys that may moneys arisingfro '> have been recovered for penalties or forfeitures to be applied to the —u eoefnalties payment of any extra expenses that may 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 con- ducting such suits. i Saar. 16. The expenses of apprehending, examining and commit- Expenses for arrest,etc.,of } Ling offenders against any law of. this State, in the said city, and of oifenders udited, allowed and paid by the super- again their confinement, shall be ast the visors of the county of Ingham, in the same manner as if such expenses had been incurred in any town of the said county. SEc. 17. The city treasurer shall report to the common council Treasurer to re- port to council on the first Monday in May, eighteen hundred and seventy-five, or—contents of as soon thereafter as may be, the pro raga amount of unexpended same• money to the credit of the highway and ward funds of the third f� I f��F a 64 CHARTER OF THE and fifth wards for said year, which rightfully belong to the sixth ward created by this act, and the common council shall direct the treasurer, on the receipt of such report, to credit to the respective a funds of the sixth ward such amounts so reported, if found to be correct. Bonds,now SEC. 18. The mayor by and with the consent of a majority of the funded. common council elect, shall have the power to negotiate for out- standing bonds not yet due and may purchase the same: Provided, t; The cost thereof does not exceed the face value of said bond or bonds, with the matured interest; and for such purpose may issue ' city bonds at a rate of interest not exceeding seven per cent, but no such bonds shall be issued except for the purpose of funding '{ the bonded indebtedness, and only in such amounts as can be sub- stituted for said bonds. No bonds issued by virtue of this section shall be sold for less than their face value. fl Bete repealed. SEC. 19. All acts and parts of acts relating to the incorporation ' of the city of Lansing, or to the revision or amendment of the charter of said city, not expressly embodied in or made a part of Rights unim- this act, are hereby repealed; but nothing in this act contained ,j paired• shall be construed to destroy, impair, or take away any rights or remedy acquired or given by any act hereby repealed; and all pro- ceedings commenced under such former acts shall be carried out and completed, and all prosecutions for any offense committed, or penalty or forfeitures incurred, shall be enforced, in the same man- ner in all respects, with the same effect as if this act had not been ordinances to passed; and all ordinances, by-laws, or resolutions of said city, not continue in inconsistent with the provisions of this act, shall continue and be force. in force until the same are canceled or repealed, as fully as though this act had not been enacted; and all officers now holding office in said city shall hold the same for the time for which they were elected; unless sooner removed for cause, as herein provided. 'i SEC. 20. This act shall take immediate effect. Approved March 25,1875. fl x i cE+ r( x� i d ''T CITY OF LANSING. 65MY � x3-1 ' ri [Act No. 535 of the Local Acts, 1887.] �z _ ; i r Si i M. l :" 4 AN ACT to amend act number two hundred and eighty-two of 1 the local acts of eighteen hundred and seventy-five, entitled dip.. "An act to revise the charter of the city of Lansing," approved e lZarch twenty-five,eighteen hundred and seventy-five,as amended by the several acts amendatory thereof, by adding thereto a new title to stand as title seventeen, and to repeal sections one, two, # . three, four, five, six, seven, eight, nine, ten, eleven and twelve of title twelve of said act. ` t_ SECTION 1. The People qf' the Mate of lihzrTzifccn enact, That Title added. � k' act number two hundred and eighty-two of the local acts of eight- een hundred and seventy-five, entitled "Air act to revise the R. charter of the city of Lansing," approved March twenty-five,eight- een hundred and seventy-five, as amended by the several acts 1 amendatory thereof, be and the same is hereby amended by adding ' thereto a new title to stand as title seventeen and to read as follows: , TITLE A.VII. TAKING PRIVATE PROPERTY FOR PU6LIC USE. SECTION 1. Private property may be appropriated for public Forwhat pur- use in said cityfor the purpose of opening, widening, altering and poses private 1. 1 I5� 5 property may be extending streets, alleys and avenues, for public grounds, parks, takyen by thecit ; market places and spaces, for public buildings,jails, hospitals,pest- houses and public cemeteries; for water-works, sewers, drains and ; ditches; for buildings and structures for the fire department, and _, for the improvement of water-courses and rivers; but such property How may be '� shall not be taken therefor without the consent of the owner take°' except with the concurrence of two-thirds of all the aldermen elect, and in the manner hereinafter provided. SEC. 2. Whenever the common council shall deem it necessary whennecessary to take without for the use and. benefit of the public to make any such improve-consent of meat, and to take private property therefor without the consent of owners. the owner, said council shall so declare by resolution, describing council to deciareby such property and designating the purpose for which it is to be resolutions, etc. taken, and shall appoint a subsequent regular meeting of the coun- cil for the hearing of objections to the proposed improvement, and ! to the taking of the described property for the designated. purpose, � Al ?� and to any other matter or thing in such resolution contained. � £ Notice of such meeting and hearing shall be given by the city clerk Notices fhearin to all persons interested generally, without naining them, by publi- cation in a newspaper published and circulated in said city once in each day for five successive days. SEC. 3. If the proposed improvement shall be the opening, when taken for li streets,etc., widening, altering, or extending of a street, alley or avenue, the how expense, r expense of the taking of private property therefor, including the etc.,defrayed. ,ost of the proceedings, and the compensation and damages to be paid, as hereinafter provided, shall be defrayed in whole or in i i CHIU=T OF THE part as the council may determine, by special assessment upon the lands and premises specially benefited by such improvement, in pro- Provision as to portiozi to the special benefits accruing to each parcel, providing, alleys,et°• that in opening, widening, altering or extending a public: alley, the whole of such expense shall be so defraved, and in such case the council shall in said resolution determine and describe a, local tax district, embracing all the lands and premises wbich in the opinion of the council will be specially benefited as aforesaid; and shall determine the percentage of the expense aforesaid, to be defrayed. la.y special assessment on the lands and premises in said tax district; and the, said notice of the meeting hearing the council for the hearin of objections, as provided in section two, shall contaiii fi general description of said tax district, and a statement of the percentage of the said expense to be defrayed in the manner aforesaid, as deter- mined by the council. Hearing objec- Sre. 4. At the ti.nze appointed for the hearing of objections, or tions and dis- posingof at a subsequent Iileeting of the couinion council t0 wlllch sucb resolution. hearing may be adjourned or continued, and after the Bearing of any objections Made by parties interested, the said resolution play be ratified and confirmed, or may be reconsidered by the council, and the council may negotiate with and obtain from the owners or persons interested in the property proposed to be taken a release or conn^cyance thereof, by gift or purchase, and may alter or amend said resolution by excluding from the description of the property proposed to be taken any part or parcel thereof, or by taking out of or excluding froll said tax district any parts or parcels of lands and premises embraced therein, or by decreasing the percentage to be defrayed by special assessment on the lands and premises in said tax district, and may thereupon direct the city attorney to institute proceedings in accordance with the pro- Proviso as to visions of this act to carry out the objects of said resolution, provid- adoptionof inn sa resolution. 5id z°esolutiozl shall not be ratified and confirmed as aforesaid, or as altered and amended, finally adopted, except by a concurring rote of two-thirds of all the aldermen elect. k The colsid.eration of said resolution by the council may be continued from time to time without further notice. Petition to be Sze, 5. Upon the confirmation or final passage by the common tied by. at- toruey. council of s>zid resolution, it shall be the duty of the city attorney to prepare in the name of the cite and file with one of the justices of the, peace of the city, a petition sighed by him in his official Contents of capacity, which shall set forth said resolution as originally iutro- petition. duced, and confirmed. or altered, or amended, and finally adopted, and the proceedings of the council in reslieet thereto; said petition shall describe tilt, several lots, tracts, and parcels of private property proposed.to be fallen, and set forth the names of the o+,ners, occu- pants, lessees, znortg tgees or others interested therein, is far as the same call be ascertained, and shall allege that,it is necessary to take such property for the public use and benefit, and pray that; it jury may be impaneled to d.eterinine whether it is necessary to make the proposed improvement, and to take such property for the pill-poses thereof, and to ascertain and fix the just compensation to be made ar' tx� l GITY OF LANSING. 67 I�f therefor; the petition may allege any other matter and thing rele- vant to the questions to bc; considered by said jury and deemed to � # ; be material, and may pray for any other and further relief within the object of this act. }I Al EC. 6. Upon film said petition it shall be the drit of said Duty of justice j 1 g p y on receiving justice to issue a summons commanding the respondents named in petition. the petition, in the name of the People of the State of Michigan, # to appear before him, at a time and place to be named in said snip.- j coons, not less than ten nor more than forty days from the date 3 thereof, and show cause, if any they have, why the prayer of said ; petition should not be granted,. SEC. 7. Said summons may be served by the city marshal or by Snmmonsf any officer of the city of Lansing, or the county of Ingham, author- ized to serve civil or criminal processes therein issued by a justice of the peace, and shall be served at least five clays before the return day thereof, upon a'd respondents found within said county, byP , exhibiting the original, and delivering a copy to each of them; if " any respondent who is a resident of the county cannot be found, 1' the summons shall be served by leaving a copy at his or her usual ! or last place of abode, with some person of suitable age and discre- tion; if any infant or person of unsound mind is interested in the 1 property to be taken, service shall be made upon the guardian of such person residing within the county, if any, and if there is no 1 such aiiardian and some person of suitable age or discretion of the ' household of which said infant or incompetent is a member shall be found within the county, service shall be made upon such per- son. All respondents who cannot be served with said summons as service by hereinbefore provided, shall be served by publishing a copy thereof publication. _ q in at least one daily paper published within said city, for five sue- ,� a cessive days prior to the return day. The return of the officer to ; said suiumous and affidavits of publication., showing due service and publication, shall be filed with the justice, and be sufficient evidence of service upon the respondents,and of the manner of sere- ice, and thereafter all respondents duly served shall take notice ' and be bound by all subsequent proceedings without further noticee SFr. S. On the return day, if no guardian shall appear to repro- Justice ap-point po n sent the interests of zan infant respondent, or respondent of unsound to represent mind. the justice shall appoint a suitable person as guardian ad infant,etc. lifern"for such purpose, who sball file a written consent to act,"and. shall represent the person for whom lie is appointed in the subse- ' quent proceedings. The justice e shall then, of at ca Subsequent time Drawing jury. .r to which the proceedings may be rtllourned if no sufficient cause to the contrar;v.has been shown, direct the sheriff, under sheriff or deputy sheriff of said county or any constable of said city who shall be disinterested, to snake a list of twenty-four resident free- holders of said city, anil the city attorney shall strike therefrom six '_. names, and the respondents collectively may strike therefrom six names, and if they neglect or refuse so to do, it shall be done by the justice in their behalf, and the twelve persons whose names remain on the list, shall compose the jury for the trial of the cause ' and shall be summoned to attend at such time as the justice shall ik" I fir t 1 e t s 68 CHARTER OF THE ' Venire. direct by a venire issued by him, and which shall be directed to s§ 4 and served by any one of the last aforesaid officers; in case any of the persons to be summoned cannot be found in the county, or being summoned do not attend, or shall be excused for cause or otherwise, talesmen possessing the necessary qualifications may be summoned as jurors in the case by such officer, and the practice and proceeding under this act, except as herein provided,relative to i p' impaneling, summoning, and excusing jurors and talesmen, and Pimposing penalties or fines upon them for non-attendance, shall be the same as the practice and proceedings in ordinary civil trials before justices of the peace in this state, except that peremptory challenges shall not be allowed. oath of jurors. SEC. g, The jurors so impaneled shall be sworn as follows: "You do solemnly swear (or affirm) that in the matter of you will I well and truly ascertain and determine whether there is a public t; necessity for making the proposed improvement, and for taking for a the use and benefit of the public for the purposes of said improve- ment the private property which the petition describes and prays may be taken; and if you determine that it is necessary, then that you ascertain, determine and award a just compensation to be made therefor, and that you will faithfully and impartially discharge all other duties devolving upon you in this case, and,unless discharged, I' a true verdict give according to the law and evidence, so help Jury to hear you God." They shall. sit together and hear the proofs and allega- evidence,etc. bons of the parties and arguments of counsel, and if deemed prac- ticable and advisable by the justice may go to the place of the intended improvement in charge of an officer, and upon, or as near as practicable to, the property proposed to be taken and examine Verdict. the same, and shall thereafter retire under the charge of ai officer and render their verdict as on the trial of an ordinary civil case. What verdict to SEC. 10. The jury shall determine in their verdict the public award, necessity for the proposed im m proveent, and for the tak determine and ing of the said private property therefor, and in case the[they] find that such necessity exists, they shall award the owners of such property such = compensation therefor as they shall deem. just. If any such private property shall. be subject to a mortgage, lease, agreement or other I'- lien, estate or interest, the jury shall apportion and award to the parties in interest such portion of the compensation as they shall deem just. - Jury may have SEC. 11. To assist the jury in rendering their verdict, the court ny'` use of maps,etc.may allow them, when they retire, to take with them the petition filed in the case, maps showing the proposedimprovement and loco- of land proposed to be taken, with tion of all the pieces or parcels ns interested therein, and may s also the names of the perso ubmit u to them a blank verdict, which may be as follows: PART I. £x Form oiverdict. We, the undersigned jury, impaneled iu the above matter, hav- , ' irig given the same due consideration,do hereby find and determine X that the------------ -------- ofsaid-------- --- -- ----as pro- j� - v 5 b CITY OF LANSING. 69 posed for the public use and benfit is a public necessity, and that A% 1 for said use and benefit and purpose it is necessary to take the pri- vate property described in the petition in this cause, which said $ IC property is hereinafter also described. �� PART H. � � $t` ' And the damages sustained, and the just compensation to be paid for such private property we have ascertained and determined, and j" hereby award as follows: Description of each of the Owners and others inter- Compensation and dam- gip' - several parcels of private property to be taken. estsd in each parcel. ages. --- # _ ---------------- ------------- yzs ____________________________ --------------------------- __ ______________ ___ ___ _ -- „ ............................... ...__._....._..._._____.___. 7 t i S { TM M, The different descriptions of property, and the names of the i owners and others interested therein, may be inserted in said blank verdict, under the direction of the court, before it is submitted to the jury. i. SEC. 12. The jury shall specify in their verdict the lands and Action in case . , Of disagreement premises, if any, as to which they fail to agree, and a disagreement of jury. as to one or more distinct parcels of land shall not affect the awards in which they have agreed; and upon any such disagreement the justice may, upon the motion of the city attorney, impanel a new jury in the same manner as provided for drawing the original jury, and like proceedings shall thereupon be had as to the lands con- cerning which there was a failure to agree; a new jury may in like manner be had as often as necessary. SEc 13. The justice shall enter the verdict and award of the justice to enter , ' jury, and all the proceedings had in the cause before him in his bis docketgand docket, and within twenty days after the rendition of the verdict, confirm deter on the motion of the city attorney, he shall enter a judgment of confirmation of the determination and awards therein made. Unless , such motion shall be made by the city attorney within said period, all proceedings upon said verdict and award shall be at an end. Src,. 14. Any party aggrieved by the verdict of the jury and Appear g Judgment of confirmation mentioned in the preceding section, if ; the same shall be entered, may, at any time within thirty days after �( the rendition of the verdict, appeal to the circuit of the county of Ingham, by filing with the justice a claim of appeal in writing in which he shall set forth the description of the land in which he claims an interest, his interest therein, and all the errors H relative to the proceedings, the verdict and judgment of which he complains, and at the same time filing with the justice a bond to the city in the penal sum of not less than three hundred dollars u ($300), with sureties to be approved by said justice, conditioned `j 70 CH 11TER OF TIIE is appeal to effect, and pay ally costs that that he will prosecute h may be awarded against him in the circuit court, and paying to the justice the sum of three dollars (1,,3.00)for making his return to the 4 t appeal, but upon such appeal the finding of the jury shall be con- chlsive as to all questions of fact submitted to them, and the appeal of one or more persons shall not in any wily affect the judgment of f confirmation as to other persons interested therein who did not appeal; said judgment shall be final and conclusive as to all per- sons clot appealing therefrom within the time herein iu provided. Bill of eacep• SEC. 15. At the time of filing such claim of appeal the appeIlant Lions. t shall present to the justice it statement in the nature of a bill of exceptions, containing so much of the evidence and other proceed- A ings in the matter as shall be sufficient to present the questions to be raised upon the errors and the objections alleged. in the claim of r appeal, and shall ,it the same time serve a copy thereof and of the Claim of appeal upon the city attorney, who in, propose anzezid- xneuts to said bill, and within ten days after said bill is presented 1 said justice may, if necessary, cause the same to be corrected accord- ing to the facts in the case, and sign the same and shall make and Transcript. certify it return to said bill, setting forth it transcript from his docket of all the proceedings and the judgment of confirmation entered therein, and. shall attach thereto the verdict and award of the jury and all notices and papers filed with hill,, together With the bond and claim of appeal and said bill. of exceptions, and file the same with the clerk of the said. circuit court. f Proceedings by SEC. 16. Upon filing the return of the justice as mentioned in 6 circuit court. £mod the preceding section., the said circuit court sl,�tli have jurisdiction in the case, and upon the hearing thereof shall consider the errors appeal, and if the proceedi alleged in said claim ofngs are found invalid as to the party appealing, on account thereof the court shall i°errand the case, so far as it affects the appellant, to said justice, and like proceedings had as upon the and a new jury may be called original application for it jury. If no error tiff ecting the merits shall be found in the proceedings, or if the appeal shall be dis- missed for any cause, the said judgment of confirmation of the ver- dict and award of the jury shall be. affirmed by the said court, with ,_ z costs to the city. Justice to SEc. 17. When the verdict of the jury shall have been finally of�a aiot��e�., confirmed by judgment of confirmation, and the time in which to 5� to council. take an appeai has expired, or if appeal is taken on the filing with the justice of a certified copy of the order or judgment affirming fr the said judgment of confirmation, the said justice shall transmit to the common council a copy of the verdict and award of the jury m` and the judgment of confirmation and the judgment, if any, of € Council to louse affirmance, and thereupon the common council shall cause a special d n ' special assess- assessment to be ment to be lade of the sill, or sums awarded. by the jury, made• and the expense of said proceedings in pursuance of and in accord- once with the said resolution of the common council hereinbefore Manner of mentioned. The assessment shall be made and the amount levied -` making and r collecting and collected in the same manner as is provided in the charter o f for other special assessments. The assessment roll con assessment• said city _ C�� u" CITY OF h.ANSINCI. 71 twining Such assessment so ratified and confirmed by the common o nclusive and p rinut f''acte evidence of council, shall be final and co the reoulaiit and legality of all proceedings pros tlieueto, and the 1 _ y assessment therein contained shall be and continue a lien on the + premises on which the same is made until payment thereof. That the awards and. expenses to be paid by the city at proportion of OI huge, according to said resolution, shall be paid frown the fluids of the eity. Sao. 1S. Within six months after the judgment of confirmation Payment of by the circuit court, or after the ;judgment of c ouflyniation by the by conncn. ; justice shall have become final, the council may pay or tender to the respective persons the several amounts of cl images and compen- cation awarded to them, and in case any such person shall refuse j the same, be unknown, or a I -resident in the city, or be not found therein, or shall be incapacitated from reeejving his or her ' . amoun.ts, or the right to any srum awarded be disputed or doubtful, the council may cause to be deposited the amount awarded in such t case, with the statement of facts relating thereto, and the same a shall be paid on demand to any person entitled to receive it. No ; delay in making any award of danxages or in taking possession of i l any property shall be occasioned by any doubt as to the ownership of the property, or as to the interests of the respective parties .E. Making claims thereto. Sic. 19. Upon the tender, payment or deposit mentioned in land Co Qeeti the preceding section, the fee of land sought to be taken, with the in city. appurtenances, shall vest in the city in trust for the use and pur- poses of said improvement, and the council may convert, occupy and use the said property therefor and remove all obstructions therefrom. The certificate of the city treasurer of sucli payment, tender or deposit, and certified copies of any judgment of coiafirma- tion in the circuit court, or of the justice of tli.e peace after the same has become final, and the verdict and award of the jury'there- by confirmed, shall be recorded in the book of street recordsill the hall be p3rza)tcc f«r,t,e evidence of tine office of the city clerk, and s matters therein contained, and of the regularity of all the proceed- ings to appropriate the property sought to be acquired, and to con- firm the same, and of the ownership of the city of the lands and , property takeii. SEc. 20. In all cases whexe any real estate subject to ti lien or Liens,etc., agreement shall be taken for public use, all the covenants and to ens. stipulatioins therein shall end upon the judgment of corfirmatio1 when the same shall have become final. If apart only of such real estate shall be taken, the said covenaxits and Lgi cements shall be discharged only as to such part. Sic. 21.. Officers, juror and witnesses in any proceedings under Compensation this act, shall be entitled to receive from the city instituting the aurora,etc. proceedings, the same fees and compensation as provided by law for similar services in ordinary actions before justices of the peace in r this State. a Petition to be , SEc. 22, The allegations of the petition filed by the city ctor- Vrimafade, ney shall be pri»uc,facie evidence as to who are owners of or are evidence of j t 72 GI3APTEII OF THE j i interested in any property`proposed to be taken in the proceedings i. instituted under this act, and of the nature and extent of their i interest,and shall also be prima facie evidence of the resolution and i proceedings of the common council hereinbefore mentioned. �.i. i sale of build- SEC. 23. In case there is on the private property taken a build- ings,etc.,on lands taken, ing or other structure appurtenant to the real estate, the same shall r be sold under the direction of the common council,and the amount realized therefor shall be. credited to the fund for paying the com- pensation for the property taken. Sections Sic. 24. Sections one to twelve inchisive of title twelve of act d repeate . number two hundred and eighty-two.of the local acts of eighteen hundred and seventy-five, entitled "An act to revise the charter of i the city of Lansing," approved March twenty-five, eighteen hun- dred and seventy-five, as amended by the several acts amendatory thereof, be and the same are hereby repealed. This act is ordered to take immediate effect. Approved June 22, 18Sr. 8 k G W S E � k r h t r t� h } n �v A x; INDEX. 1 A PAGE. SEC. a, ACCOUNTANT; city auditor to be................................ — 24 23 ACCOUNTS _________________________________________________ 24 23 to be audited by council_____________ _________ _________________________________ ___ kept by auditor_________________ 11 17 ACTS: k repealed----- ------ --------- ---- ------ -------- -- 64 19 ADVERTISEMENTS: i F in streets,council to regulate-------------------------- .--------••-- 416 ALDERMEN: electionof------•-------•--------------------------------- -- 5 6 vacancy in office of-------------------------- ---------- 6 10 with mayor,to compose council.........--------------------------------------------- 9 1 ineligible to other city office---------------------------------------------------------- 8 21 17,5 supervisors,which to be__...-__ -- •---.-....--•-------------•------------------- 21 6 certain,to be members board of health______________________________________________ 30 1 may not share in contraet_____________________________________________________________ 11 13 ALE-HOUSES: regulationof----------------------------------------------------------------- 12 18 ALLEYS: 6 ? proceedings to open,and term defined________________________________________________ 40 ANIMALS: - 13,44 18,9 running at large,council to restrain_____-___.________ ____________________________ APPROPRIATION: of money,to be drawn only on-------------------------------------------------------- 54 18 ASSESSOR: 7 12 appointmentof---------------------------------------------------------------- -•----- general power of----------------------------------------------- 23 16 salary to be fixed by council-----------------------------------•---------------------- 29 41 when to make special assessments........------------------------------------------- 45 18 when to make annual assessments_____________ 49 1 to call on State land commissioner relative to part-paid Lands____________________ 49 23 10 a to have seat on board of supervisors------------------------------------------------- review------------------------------------------------------- 49 3 tax roil to be made by-------------------------------------------------------- ---- 51 8 delivered to treasurer by___________________________ 8 warrants of,to tax roll-------- - ------------•------------------------------•-----•_-_ 52 8 ASSESSMENTS: Special: for sewers,how made--•---------------------------- ------ 36 7 for sewer---------------------------------------------------------------------------- 37 10 for use of public sewers----------------------------------------------------------- 38 14,1542 when paid by owners of property on report of jury_____________________________ 42 11 against property for public improvements,how declared_______________________ 44 17 when special,a lien on property------------ ------------------------------- 6 2246 24 { deficiency in,how made up------------------------------------------------------- 6 25 invalid,proceedings on:----------------------------------------------------------- 4 48 29 limit of amount of special--------------------------------------------------------- i for bridge purpose-•---------- ---•----------------------------------------------- 48 30 General: equalization of,by board of review----------------------------------------------- 50 4 to be made before third Monday in May,annually_____________________________ 9 4 2 on part-paid State lands--•------•------------------------------------------------- +. APPOINTMENTS: by common council------------------------------------- 7 12 ATTORNRY: aPPointmentofcity------•-----•-------•----------------------------------------------- 7 12 dntieaof_-----•-------•-----•----------------------------------------------------------- 24,39 22,3 to have seat in council.---------------------------------------------------------------- 10 10 74 INDEX. AUCTIONS: PAGE. SEC. mock-,council to suppress.............................. .............................. 14 18 sales at,council to regulate.................... 13 18 AUCTIONEER: appointment of lc --------- ,.Ilse of------------- ---------- ----------------_ 7 12 i AwNiNGS: in streets,council to regulate_______________ AUDITOR: ....... 41 16 powers and duties of. shall keep complete ........................................................ 24 213 ---_------------------ 25 23 keepaccount with treasurer________.___................................. ---------_ 215 23 list of all property.._._____...... Shall countersign all orders for paymi;n,f 0,i-m, -------------------------- 25 23 0 .............. ------- 25 23 B BALLOT Box: use and care of......... 5 BARNS: council to regulate construction of................ ............. 14 18 BATHING: inpublic streams------------------ ................................................... 14 18 BEGGARS: concerning.................... BELLS: ............. ....................__........ 62 9 auction,regulation of____________________________ fire,regulation of............. ...... 13 is ...... 56 10 BILLIARD TABLES: council to regulate------------------- 12 18 BOARD OF CEMETERY TRUSTEES.- council to appoint........ salary of members of________________. 33 4 organization of........ 33 4 33 to appoint Sexton..............................--------------------- -------- 31 5 reportof,annually................ --------------------------------------------------- 34 8 BOARD or EDUCATION: election of members of________________________ 5 6 body corporate special powers of......... .......................... 58 3officers of 58 2 BOARD or HEALTH: of whom composed powers and duties of_________________________ 30 1 ............................................. infectious diseases___________________---- 31 3 30 2 city clerk to be clerk of..-. Pay members of...................*------------------------ --------- 32 7 of ----------------------------------------------------- BOARD or REGISTRATION: dutiesof.............................. .................... 4 4 BOARD OF REVIEW: Supervisors to constitute_________________________ 19 3 assessment reviewed by................................ 50 4 BOARD OF STATE AUDITORS: to make allowance for sewers_____________.................... ....................... 38 18 to allow for improvements to streets abutting on State property................... 47 2n BOARD OF SuPERvisoiis: certain aldermen members of assessor to have seat on 21 6 BONDS: ........ 23 16 for bridge purposes____________________ ...... 48 31 of elective and appointed officers ..................... 7 11 ............................... 7 13 of city treasurer.............. 19 38 ofconstable--......... . ............. .......................................... 22 13 sinking fund to---purr --------------*-------------------11------------ ------------ 26 28 BOUNDARIES: ....... 64 14 ofcity--------_------- --------------------------------------- of wards 3 1 BRIDGES: ----------- 3 3 po wer of council to construct........... ... .............. Grand,Cedar,and Sycamore 43 15 city may borrow money .............. .......................................... 48 30 for................ tax for,annual collection of______________________________________------------------------------------------- 48 31 fund for,council to raise................... -----------*-------- 48 30 . .................................... 50 5 PAGE. SEC. BUCKETS: fire,council may order kept.......................................................... 55 3 BUILDINGS: public,council may erect------------------------------------------------------------- 35 1 dangerous,council may remove...................................................... 31 6 on fire,may be pulled down........................................................... 57 14 BY-LAWS: council may make or amend.................•.---_--_----------------__---_-----•--__ 15 1s C CANVASS: of votes,when to be made---------------------------- ---------- 5 5 CATTLE: running at large of,relating to-------------------------------------_--------------- 13 18 CAR-ALEN: licenseto------------------_---• ---------------------------•------------------------• 15 18 CELLARS: relative to construction of----------------------------------------------------------- 14 18 CESLETERY: acquisition of-------------------------------------------------------------------------- 32,33 1,2 vacating old........ ..... --------- 32 1 ordinance relative to--••• 34 9,10 sinking fund for Mt.Hope.......... 33 2 trustees...............------------------------------------------------------------------ saleof lots in........................................................................... 34 6 fund for council to raise------__._-_•-------------------------------------------------- 50 5 CEMETERY FUND: how constituted------------------------------------------------------------------------ 34 8 JEMETERY TRUSTEES: council to appoint three................................. ............................. 33 4 (see board of cemetery trustees.) CENSUS: council to provide for taking---------------------------------------------------------- 15 18 CITI7.ENS'MFETING: to raise rate of tax-----------_-- -----_------ -------- -_-- -------_- 51 5 CIRCUSES: council to regulate-------------------------------- ------- ---------- 13 18 CISTERNS: council to regulate construction of--•-_•---.-_-----.-.-_-_----__-_--------------- 14 18 CITY: Drocess against,how issued------------•.............................................. 61 5 CITY AssEssOR: (see assessor.) CITY ATTORNEY: (see attorney.) CITY AUDITOR: (see auditor.) CITY CLERK: (see clerk.) CITY MARSHAL: (see marshal.) CITY PHYSICIAN: (see physician.) CITY TREASURER: (see treasurer.) CITY SURVEYOR: (see surveyor.) CLAIM$: audit of against city------------------------------------------------------------------- it 17 CLERK OF CITY: electionof----- -------------------- --------------------------------------------------- 5 6 to notify officers of election------------------------------------------------------------ to give notice of annual election------------------------------------------------------ 5 2 special election...................................................... to be clerk of council...... .............. .................... .._- ------- ----. 9 4 board of health.-................................................ ..... 32 7 cemetery trustees-------------------------------------------- 33 5 shall be keeper of corporate seal._--------------------------------------------------- 21 7 may administer oaths..................................................... •...•----- 21 7 fees of,for license................................ 21 to report tax levies to treasurer------------------------------------------------------ 21 8 to supervise all city revenue---------------------------------------------------------- N2 9 y 76 INDEX. s OLERK OF CITY(e011tinued): PAGE. SEC. to report to council financial condition of city...................................... 22 10 the sealer of weights and measures-------------------------------------------------- 22 11 city clerk to publish ordinances------------------------------------------------------ 22 12 when to apply to justice for Jury..................................................... 39 to file and record reports of jury----------------------------------------------------- 42 10 to keep record of all city property---------------------------------------------------- 62 10 k, COMMISSIONERS OF HIGHWAYS: ' councilto be--------------------------------------------------------------------------- 43 14 .y COMMISSIONER OF STATE LAND OFFICE: to furnish lists of land to assessor---------------------------------------------------- 49 2 charge penalty against delinquents-------------------------------------------------- 53 12 COMMISSIONERS OF SEWERS: (see ewer commissioners.) o- COMMON OIINCIL: of whom composed------------•-------------------------------------------------------- 9 1 mayor president of------------------------------------------------------------------- 9 2 president pro tempore of--------------------------------------------------------------- 9 3 clerkof----------- --------------------------------------------------------------------- 9 4 § aldermen required to attend_________________________ _ ----------------- 9 5 i (: to appoint marshal,attorney,auditor,street inspectors,chief engineer,assistant (.. chief engineer,policemen,watchmen,fire wardens,pound master,wood in- 1, Spector,weigh master,auctioneer,city surveyor,and assessor.................. 7 12 specialmeeting of---------------------------------------------------------------------- 9 6 quorum of--------------------- 9 7 two-thirds vote of,when necessary--------------------------------------------------- 9 7 ), rulesof------------------------------------------------------------------ 9 8 appointive officers to have seats in the----------------------------------------------- 10 10 removals from office by--------------------------------------------------------------- 11 14 ral power of-------------------------------------------- 10 11 gene `. general law powers of----------------------------------------------------------------- 16 22 to make contract for public work---------------------------------------------------- 18 33 �. (( 18 34 control of,over railroads-----------------------------------------__-_..._._--__._---{ 18 35 ( 18 36 may relieve poor persons---...._•----------------------------------------------------- 19 37 >; may require bonds from officers--•.-..--•-•-----.__•_- 19 38 .•< power to erect lamp posts------------------------------------------- 19 39 may,on petition,have streets sprinkled-------------------------------------- .__.--- 19 40 may provide city prison--------------------------------- ------------------------ ----- 19 41 may establish water works------------- --------------------------------------- 20 42 shall examine reports of street inspectors------------------------------------------ 26 27 toprovide police force-------------------------------------------------------------------------------------------------- 29 1 power of,concerning parks and public buildings.---------------------------------- 35 1,2,3 " r-" ordinance of,concerning cemetery--------------------------------------------------- 34 9 ordinance of,concerning sewers------------------------------------------------------ 38 17 power of,as to bridges,pavements,and shade trees-------------------------------- 43 15 taxes to be raised and levied by_______________________ --------------- 50 5 CONSTABLES. electionof-------------------------------------------------------------------------- 5 6 powers and duties of--------------------------------------------------------------- .... 26 28 F CONTINGENT EXPENSES: fundfor,how raised------------------------------------------------------------------- 50 5 CONTRACTS: councilmay make--------------------------------------------------------------------- 18 33 t' CORPORATION: protection of property of,by ordinance---------------------------------------------- 12 18 j 1 COUNTY OF INGHAM: 1 to pay for arrest of certain offenders.------------------------------------------------ 63 16 + CROSS-WALKS: m council may order built--------------------------------------------------------------- 43 15 1 V D .. .`` - DAMAGES: e, to property,for public use,how ascertained---------------------------------------- 39 2 DANGEROUS BUILDINGS: duty of council concerning------------------------------------------------- --.------ 31 6 DEBT: 7 bonded,power of mayor to fund..................................................... 64 18 of Mt.Hope cemetery,how funded---------------^..--------- 33 2 council to provide a sinking fund for------------------------------------------------50,54,73 5,14 x DEFAULTERS: ineligible to office._• •----------------••_ .`. DELINQuENT TAars: - lawto apply to------------------------------------------------------------------------- 52 7 sales of lands for.------------------------------------------------ 53 10 DISORDERLY HOu9Es: ,' council to ordain concerning..--.•...-.-._-._•-------_--••-•-------------------------- 12 18 INDEX. 77 PAGE. SEC- DITCHES' (see drains.) DRAIN$: !' council to regulate construction of_....._.___-•------ 13,14 I private may rIvate may onnect ordered with Public sewer__. .......................... 38 15 assessment for_----•------------- DRAY$ (see vehicles.) ' 13 18 DRAYoun: .-.-••--y........................ councll to license---------------------^- DRUNKARD6'to ordain concerning----------------------------••--....---._.----•-- 62 19 prevent sale liquor to ----------- - w .------- 13 18 I when considered vagrants................. DOGS: --- ----- 44 16 tobetaxed------------------------------------------------------------------------------ running ---------------- -------.._. atlarge of............. ; E EDUCATION: ' board of,eta (see board of education) ELECTIONS: 5 1 a' annual,first Monday in April------- 5 notice of,by clerk- --- - - ... ----- 6 10 special,notice of,by clerk---••^ ------_--- 5 4 special,when to be called__________________________ how conducted---------------------------- ---•------- ---- -- 6 ballot officers to be elected at-------------••------•-- - ------ 6 7 8 vacancies to be supplied at.................------------ 9 20 eapensefof,ohowegarmmed 5 5 inspectors of,to declare result--------------------•--•--- ELECTORS: -------------------------- constitute4 1, who to -------••----•-- ---•- 4 where to vote - ---------------- 4 g registration of------------------- 7,8 12 ENGINEER OF FIRE DEPARTMENT: } chief and assistant,appointmentof-------------------•-_____..___--------- -_-- EXHIBITIONS: 13 18 council to regulate-------------------------^^ 20 EXPENSES: 9,11 .49 21 �? of election,how paid._._..._....•.-_•-•---- --------------------- to to ---- 54 18 of city,how raised and paid_----------`- 63 16 ................... •^••- --------- for arresting offenders........•------------------- FAST DRIVING: ........................................ 44 16 on streets,council to regulate_______________-. 13 i8 FEES: 21 7 of auctioneers,counciitoregulate___________________________________________----•-- 23 16 of city clerk--- 24 20 of city assessor--------------- of marshal-------------------------------------- ,'.. FINANCIAL STATEMENT: ___________________________________ 17 publication of,annually_________________ - ( FINES: 9 collected by justices,disposition Of-------------------------------- - _' from violation of health laws,how appropriated_______-.•------ ---- 82 � - FIRES: ...----•----------------------•---- 35 1,2 prevention and extinguishment of_________________ 5 50 ,ks FIRE DEPARTMENT: ____________________ 56 7 fund for,council to raise________•__--.- - 56 7 council may organize a------------•-•^ --_--_•___________- officers Of---------------------------------- 56 7 FIRE DISTRICTS: ................ council may organize................. . _•... 12 FIRE WARDENS: 41 , appointment of------------------•-_ .... 7 4 29 -________--_ .. ........... 55 compensation of- -- ----------------- --------- -- duties of--------------••-••-..... ' i i � 78 INDEX. sAva aEc FIRE WORKS: council t"regulate sale and use,u.............................................. ---- 14 m ' 33 u ....................... __---_______-- s � � � to 84 o I I Rise annually................................................. »o o � class ation of different-. school to be kept separate �������� .......................` e 4 ~~~���ftyrnnuahowuvovtixteu_—__-------------------.—_-- 61 18 \ - 6 GAMBLING, council w make ordinance vmncvrning--.--' ...... 12 m -- —touoimwouoao if at large........................................ 13 18 � GENERAL TAx ROLL: when assessor m deliver m treasurer------------------------------------------------ sx v GRAND Riv-F:n: maintenance o«bridges OIL............................................................ 48 30 � GROUNDS: � council may acquire public............................................. ............. 35 z GUNPOWDER: council to regulate buying,selling,and using wf................... m m H HAvno wee vehicles.) HAY inspectionof.--...................................................................... 14 1 8 HAWKERS: - council tvlicense.----_---_--------_—' ............................ is Is HsAcrn: nvueru of property to abate nuisances for the public............................... zx m who t^compose board--_---_--__---_—_'__'--_________... on 1 HIGHWAY COMMISSIONERS: _—commissioner— _ h_ _ — HOGS: (see Swine.) H»Recouncil o* to prevent from running at large---------_--.................... 13,44 16,18 HOSPITAL:board of health may establish—..................................................... 30 » ) council may purchase ground for---------------------------------------------------- 35 o ` EL KEEPERS: —'-lo report sick traveler w board nrhealth ............................................ m x F PUBLIC ENTERTAINMENT: ^o~���cil ----....................... m is � ' I ICE: sidewalks to be kept clear of. � � -------'—�-------'----------� ! INDEBTEDNESS: cvuncil may not incur,except legally..............................--------- 51 17 1 Tious DISEASES: ---co6ncerning.......................... a 3,4,5 (see county mIngham./ � INSPECTION: council to regulate m certain articles------------------------------------------------ 14 is ` INSPECTORS:of when to ________________--__----'—_ s n of ................................................ � n\� "f '----.—__'----._ r m � Y---londs,for council to raise------------------------------------------------------- ---- e o ---counci)toruuuucoa^ernino—.—_—_------------_—_—_------' u m INVALID ASSESSMENT: A17 � \ PAGE. SEC. J JUDGMENTS: 83 13 e appealed--------------------------- against city,may b JURYMEN: o be summoned to condemn lands---_-_•-•---------------•--_._-_-•-_---.-._----... 41 7 payof_._..._--•-----------........................ •....................-- 41 8 report of,filed with just ice.--•------•--•------•----•--------------------- ---------- a • JUSTICE OF THE PEACE' 6 election of---•----------------------------------•----------- 26 29 36 jurisdiction and Power of----------------------------------------------•---------- _--� 28 3s 27 30 bondsof------------------- ---------------_ ------ ---- fees of,regulated by council----------------------- ------------------ 27 31 fines collected by,disposal of--------------------------- 27 32 quarterly accounting of,to council-------------------•••-...---.............._--..... 24,35 27 33 q -- disposal of stolen property by----------- 28 37 issue of warrants by----------------------------------------------------- 39 3 duties of,in taking land for public purposes__________________________ L LAND OFFICE: (see commissioner state land office.) LAMP POSTS: .................... L9 39 power of council to order------------------------------------------ LANDS: part-paid state(see state lands). LANSING: boundary of city..............:...... ......................•....... 3 2 3 2 body corporate----------------- ----------------------------------- LIABILITIES nottoOF CITY' 5 19 not to be incurred contrary to charter_________________________________________ LICENSES: council to grant and revoke----------------------------------------- 16 20 terms of------------ ------- ---------------------------------------------- 18 29 snment for failure to obtain___....__._ ------------------------------- 16 21 point who required to have------------------- ------------------------- -------- 21 7 fees to clerk for------------------------------------------------------------------------ LIEN: 52 10,vhen taxes a,on land--------------------------- sale of property under-------------------------•------------------------------------- LIQuon: . 13 1s sale of,to minors,council to prevent,by ordinance--------------------------------- LOTTERIES: 15 18 council to suppress by ordinance-----------------•------------- LubSBER: 14 18 council to provide for inspection Of--------------------------------------------------- M MALFEASANCE: ----- 61 in office,defined-----------------------------------------•- - MARKET: ___________________ 35 1,2 power of council to establish---------------------- _----•---------• I• MARSHAL: 7 12 appointment of-------•-----------------------------•---- to have seat in co uncil-------------------------------------------- 11 10 30 the chief of police------------ ----- 17,17 to enforce ordinances-................-...................•--•----• -•............................-..... 24 18 general power and duties of---------------------- monthlyreportoftocouncil---------------------------------------------- moneys24 1 collected by,paid to treasurer__--------.�------------------- - 24 19 salary.-----•---------------------------------------------- 24 21 24 21 to superintend -- o + ,.4 21 when absent,constable to perform duties of.....---•- 30 4 restriction on,as to service of papers-....................... MAYOR:. election of------------------------------------------------------------------------- 20 7 chief executive officer-------------- ------------- --- ...-----_._.._ is 37 power to veto------------------------------------- shall be conservator of the peace--------------------------•-----------._--__..__--. 20 control of,over officers-------------------------- ---•-•---•----- ................. 20 vacancy in office of-------- -----•------ 23 1' to have direction of police otIIcers--------------------- 39 may suspend police or night-watch---•----------------- ---- to apply for jury in absence of clerk......................... , 6 --- -----•- 4 1 power of,to fund city bonds........ ---•------------------------------••------------- gp INDEX. PAGE. SEC. MEATS: council to regulate Sale Of------------------------------------------------------- ---- 14 18 may seize and destroy tainted-------------------------------------------------------- 31 2 MINORS: council to prevent sale of liquor to---------------------------------------------------- 13 18 MILL RACES: control by council---------------------------------------------------------------------- 16 23,24 MISCELLANEOUS PROVISIONS: ofcharter------------------------------------------------------------------------------ 60 1,19 MONEY: council may borrow for bridge purposes--------------------------------------------- 48 31 limit of council to borrow------------------------------------------------------------- 53 13 none to be drawn unless appropriated------------------------------------------------ 54 16 safe keeping of public------------------------------------------------------------------ 61 8 recovery for penalties,how applied-------------------------------------------------- 63 15 Moor.AUCTIONS: council to suppress--------------------------------------------------------------------- 14 18 MOUNT HOPE CEMETERY: sinking fund for---------------------------------------------------------------- --- 33 2 N NOTICES: 5 1 ofelection,publication of--.--------------------------------------------- ----------- of ordinances.publication of--------------------------------------------------------- 17 26 of meeting of board of review--------------------------------------------------------- 49 3 toelected officers---------------------------------------------------------------------- 6 11 NUISANCES: council to ordain concerning---------------•---.-.-_---------------------------------- 12,13 18,18 OATHS: who may administer---------------• ------------ -------- 61 2 OATHS OF OFFICE: 7 11,13 whento be filed------------------------------------------------------------------------ OBSCENITY' council to make ordinance to prevent------------------------------------------------ 14 18 OFFENDERS: confinement of------------- expenses of arresting,how paid.------------------------------------------------------ 63 15,16 OFFENSIVE SUBSTANCES: council to prevent the depositing of,in city limits---------------------------------- 13 18 OFFICE: terms of,of city officers-------------------------------- ------------ 8 7 vacanciesin----------- ------------------------------------------------------••----•-- tievote for an-------- ---------------------------------------------------------------- 6 9 eligibility to---------------------------------------------------------------------------- 8 17 8 17 no defaulter can hold.............. --------------------------------------------------- 8 14 removalsfrom------------------------------------------------------------------------- terms of,when to begin------------- ---------------•--•-------------------- --------- 9 21 malfeasancein------------------------------------------------------------- ----••----- 61 7 OFFICERS, CITY: elective--------------------------------------------------------------------------------- 5 9 appointive......................................................... ................. 7 12 termsof------------ ----------- ------------ ---------- ------ ..--.-.-... 8 16 whoeligible as......................................................................... 8 17 trial of charges against-------------- -------------------------------•----------------- 11 Jr miscellaneous,subject to ordinances----------------------------------------------- - 38 40 malfeasanceof------------------------------------------------------------------------- 61 7 OMNIBUSES: (see vehicles.) ORDINANCES: 61 6 styleof--------------------------------------------------------------------------- ---- majority of aldermen required to pass-•--------------•--.-----•--._ ---------.-.---- 61 6 council to make or amend...............---------------------------------------------- 12,15 18,18 ( 17 26 to be published by clerk................... ------------------------------------------- 17 28 ( 22 12 whento take effect-------------------------------------------------------------------- 17 26 proof of publication-------------------------------------------------------------------- 22 27 vetoof---------------------------------------------------------------------------------- 18 21 marshalto enforce--------------------------------------------------------------------- 23 17 justices to try violations of------------------------------------------------------------ 28 36 issue of warrants for violation of----------------------------------------------------- 28 37 relative to cemetery----------------------------------------- ---------------- 34 9 relative to sewers---------------------------------------------------------------------- 38 17 execution for penalties for violation of---------------------------------------------- 64 19 under old charter not repealed-------------------------------------------------------- 63 14 82 INDEX. PAGE. SEC. PROCESS serving of by golicem ,, ............................................... 8� ! against city,how issued--------------------------------------------------------------- PROSTITUTES: council to ordain concerning common----------------------------------------------- 12 18 _ PROVISIONS sale of to be regulated--------- -------------------------- --------------- 14 18 ° PUBLICATION: 5 1 i of notices s 17 28 ofordinances------------------------------------------------------•-------------..__.. of annual financial statement------------------------------------------------------ 17 29 ordinances imposing penalties not to take effect until------------------------------ 17 26 PUBLIC BUILDINGS: council may acquire or erect------------------ ------- -- 35 1 fund for,how raised----------------------------------------------------------------- fi0 5 PUBLIC REALTH: ? (see board of health.) PUBLIC IMPROVEMENTS: _.-_- 54 15,17 expense of,how borne------------------------------------------•----------------- ` PUBLIC MEETINGS: 1.. 18 for lawful purposes,to be protected-------------------------------------------------- of citizens to raise rate of tax----_--------------------------------------- --------- 51 5 j of voters to determine school appropriations............... ------------------------- 59 5 PUBLIC MONEYS: 61 8 safekeeping of.................................................................... PIIBLIC SCHOOLS: (see schools.) PUBLIC SEWERS: (see sewers.) Q 7 QUORUM 9 7 : majority of council to constitute a--------------------------------------------------- R RAILROADS: 14 council to have control of------------------------•---..----..----.--_--.--.---.-.-....( 18 36 ( 18 36 ry RECORDS: clerk to keep--------------------------------------------- 42 10 t{l } book to be kept,known as street--------------- --------------------------------- 62 10 f e of city property------------------------------------------------------------------------ s �< REGISTRATION: Ym board of,when to re-register--------------------------- ------ 4 4 .'j REMOVALS: from office,by council----------------------------------------------------------- 11 14 bymayor------------------------------------------------------------------------------- 20 3 jREPEAL or ACTS---------------------------------------------------------------•----_---••_._ 64 19 RESIDENCE: of voters defined-------------------------------------------------------- 4 2 RESIGNATIONS 3 19 towhom made------------------------------------------ ------..--------- �f REPORTS: of city clerk----------- 22 10 of treasurer,monthly and annual--------------- ---------------- 23 14 of city marshal,monthly...............................................•••------------ 24 19 of street inspector,monthly.----- 31 8 of cemetery trustees,annual------------------------------------ ---- -- ------------ 34 RESTAURANTS: s- council to license and regnlate-_------------------------------------------------------ 14 18 REvIEw if board of. (See board of review.) RIOTcounciltomakeordinancetoprevent.------------------------------------•-.--_-_.__ 22 18 marshal to suppress------------------------------------------------------- RIGHT OF WAY: 43 13 council may negotiate for---------------------------------------------- RIVERS: 14 council to regulate bathing in------------------------------------------------------ 14 18 to provide for cleaning-------------------------------------------------------------- Grand,Cedar,and Sycamore,bridges over.----------------------------------------- 98 30 RUNNERS: 15 i8 council to regulate---------------------------------------------------.. --- - INDEX. PAGE. mEo ' 2 ^mKS. � � council may purchase cmn^o for —'--'----'--'-'--- s » � improvementof------------------------------------------------------------------------- � 4,RT-PAID STATE LANDS: (see state lands.) ^nroao,care of----------------------- m 18 � ` ~^ m ������-----_------___'_-'-----_----_-----_--- � ' ~`~~~~council may order '--'----_____________________-_- no / fund for,how raised-'-----_-__--'_--_'_-----_---______' w a � mnnzFIRa council to license--------------------------------------------------------------------- 13 m ' m"^LTI= *. 16 � m ' ~ '� '__--'_--— m ��n execution for,when to issue^ �����-�'�-----_-'-_-- m z4 ~~^~~ _________________________-__ zo �� �����e�of o�n��n to be made for l��������_------'--_---_---'_----_- 35,62 2,11 ~~��f shall constitute------------------ ----------------------------------------------- m o u ~^���ewv�.rhvuvm�vumurm�m�---_-_----_--'--'--'-_--__' m ` EST board of health may establish _-_'--'--' m u � _________ m v ' certain�� ���~ ����_________- s x purchase ground � ~^ city,council to appoint __---_-_--_------__---_--- av 1 every,to report infectious diseases -------------------------------------------------- m o ozzvE; .--- - � council may provide a force of- duties of '-- »» ^ pay of _______-_'_ m osuspension from office of . ---------------------------------------------------------- 30 o to be appointed by council---'-_---------_--_----'_'-_'-_--' r � `L~telegr^nu council'o regulate setting mf--------------------------------------------- 44 m � oaTS placing of,on emoetu __---__------------------------' 44 16 ^� »»Rcouncil may relieve---- 19 m .� council*o establish-------------------------------------------------------------------- 13 18 � ""ND r 12subject to council xo m ���������---__--_____________ 29 u IOUzznr running o*large of,,u»a prevented-------------------------------------------------- m 18 , ' � � m pro tempore,when to be—���������������������������������� 20 4 IRzmm: � (see penitentiary.) ^ (see notices,publication.) 'RzVATmuu^zym.(see sewers.) ) IRmIRo owners of,u,cleanse-______------------- 14 m ATE PROPERTY: ~'may be taken for public use-------------------------------------- ------ ------------- 36 z .� �� / 1% MID- IS .y.;; 53 INDEX. PAGE. SEC- S x 13 18 ?g 41 x SABBATH DAY: i y council to ordain concerningoiolationoY______________•------•-•---""�-'"" " SALARIES: - 5 of-city officers,council to determine__. 32 8 -- 33of police h _--_-- 03sf board oh of members 4 trustees °. sexton-- 13 18 SALES AT AUCTION: re ulate------------- 1z 18 .. council' g SALOONS: count, to license and regulate-------------•--•------""'--""'"'"-•••---•--•----�--- a8 1 .SCHOOLS': 59 ¢ a city one district---•--------------••----•------------ 1 fund for,to be kept separate_-----------•• ----------- - 60 boardof,ducationto manage_--------• -----•----------•- general law applicable to- f b9 5 ' SCHOOL MEETING' ••___________________________ ____-__..___ s '3 annual,of'voters_--.______________ L 7 SEAL clerk to be keeper of------------------- 14 18 SEWERS: conncil o regulate construction of--------------------- cl�aning of,council to Provide for- -------- 14 18 �p --- 35 3,¢,5,6 .: private property taken for__._.__-_-•---- 36 • board'of commissioners_____.-_-••--- "" 3B 7 ' plan of ---- - - --- 8 expense of,how paid.......................... --------- --- 37 notice of construction Of,to be given__._-----•----- „-_.___.._._ 37 9 proceedings to construct.......................... ""_"'"'"' 10 slat of Peefaltassessment for------------ .... 37 ;g petition for,when council to act on-------------- "---" -_ 38 ex of repairing paid from sewer fund__---------- """" d 50 I: ` or inanceYorProtection-of--------------- 5 - fend for,council to raise_________ ---_____________ . -$ SEWERAOE:: = (see sewers.) SEWER COMMISSIONERS: 2 38 4. council may create a boar36 d of_____________________ SEwzR FUND: 13 expanse of repairing sewers to be Paid from-------•--------------- __,,,_ 50 5 council to raise_______________________ SEXTON: appointment of by cemetery trustees-----------------------" . I 34 5 salary of,fixed by counciL----------- ------------------- 43 15 .: SHADE TREES ---•-----•-----' i3 18 ------------ council may order planted______________________ � SHOWS to regulate circuses and------------------- "'" SIDEWALS.B: - 47 28 council may order built------_--------- -•- snow and ice to be kept from.......__ ,S,INISINr FUND: 54 14 council to provide for general-----• --• 2 for Mt.Hope cemetery__________ ____________ --- 500 5 council to raise,annually_____________________ ' 47 28 NC and ice to be kept from walks---------_ STABLES; provide for cleansing_---------- _ ____________________________ 14 18S council to " STATE AUDITORS: d (see Board of State Auditors.) STATE LANDS: .. art paid,duty of assessor concerning-_---------•----- -""---"_"---- ------ b3 11,12 - - duty of land commissioner concerning----•---------- """ ! STATE OF MICHIGAN: _. . expense of sewers to be shared by__-------- "' -- 47 7 street improvements ^------------- ', part-paid lands,assessments of------•---------• ----- 49 2 43 14 STREETS:- 38,44 1,16 ---- „a appointment of inspectors of-__-_-•-^----- "' ____ -•------- 39 2 control of,by council---------------------------- t private property,how to take for................... a� 84 INDEX. $ STREETS(continued): hearing of persons whose lands are taken for__________________ PAGE. SEC. summons of jury on opening of----------------- -•--------.--_________ 39 3 trial of cause for takin ------- _-______.•_ 40 3 g Property for drsales iving traffic in,council to regulate.. ::.."':'.--.--.....---:-._._._ 44 4 dedication of lands for_ 16 record of,kept by clerk_ __ 16 8'L ......._ 49 c STREET.INSPECTORS: ......................... 42 10 appointmentsW--------•--••------•----•---•--___ ...................... ......••.. 7 12 re art of, _-••---------------------••----•----• --- 25 25 re ort of,to council______.___- Of, Ealary IN council to determine................................................... 26 26 i STREET SPRINKLERS: 41 council may order,on petition•____________________ SUITS: ...... 19 40 against officers,coats oi______________ I in behalf of city,rules to govern________ _____ - SUPERVISORS: .•___________________________________ 63 12 to constitute a board of review __________ certain aldermen,to be members of board of_________. ------- -- 49 3 assessor to have seat on board of_-------------------------------------------- 16 SUPPLIES: __________________•.•____-______. ------- .30 1 for city,bow Purchased, SURETIES: .................___ 62 10 Who to determine sufficiency of, .......... SURVEYOR: ________.............. ________________.._-.______ 62 1 city,appointment of __.-.__,_ Powers and duties of--- ----------•---------------•-- 25 ------------ - 7 12 to have seat in ecuncil_ _________ _________ 24 SWINE: ____________________________________ 10 10 impounding-of__-----•___---- ---------- SYCAMORE $,Z4ER: __------ 13 13 relative to bridge over______________ - ..--------- 48 30 A_ T TAKING PRIVATE PROPERTY FOR PUBLIC USE: for what purposes private property may be taken by the city...................... 65 how may be taken-_. 1 -----------consent of owners............ ..................... 655 1 council to declare by resolutions,etc._...______ 2 notice of hearing........... B5 2 when taken for streets,etc.,how expense,etc.,defrayed___________________________ g� 2 provision as to alleys,etc....... 3 hearing objections and disposing of resolution----------- ---•--------__"'-' _ 66 3 previo as to adoption tt resolution-____-_- ""- -----•-----__ 66 4 petition to be filed b attorney -,_y 66 4 contents of petition..----- __ ---- 66 5 duty of justice on receivin """" 66 g Petition---•--- service of summons_________ 6 67 service o publication-,------------------•-•-- - 67 7 justice to appoint guardian to represent infant,etc-____._.__._ 7 drativing jury----- 67 8 venire 67 rj oath of jurors -- 68 8 68 g Jury to hear evidence,etc______________________ 9 verdict e e ----------------- 68 9 what verdict to determine and award --------------------------------------- 688 c9 jury may have use of maps,etc-._,_--'- 10 form of verdict ..................•...••••••..... B8 11 -•--•----••..............Jury ...._..._••••.._..-----••-----•--•-•- action in ease of disagreement o�jury-____ _._. 68just 11 69 12 appeal to enter proceedings In his docket and confirm determination,etc_.____-- 69 appeal.......------------ 13 --- ------------ 69 14 transcript scriptof exceptions ............. -•-••.._..•--------•--••--••••----. 70 transcript- --- 15 proceedings by eirettit court.---- --------------------------•-- 70 15 justice to transmit copy of verdict,etc.,to council_______________________ 70 16 council to cause special assessment to be made--------- 17 manner of making and collecting assessment__ 70 17 payment of awards of jury by council___________ 17 when fee of land to vest in city liens,etc.,on lands taken,to ed..___�.....................::: 71 18 1 71 19 compensation of officers,jurors,etc___ _______ _ 20 petition to be prima facie evidence of title,etc-_ 71 21 s:Ile of buildings,etc.,on lands taken__..______ "' 71 22 i sections repealed................. 23 72 ?' TAVERNS: ----------- ----------------•--•-•-•-•-••-•..., 72 24 { council to regulate and license........................ --------- 13 18 �) k - n 1A llh�&. PAGE. SEC on.dogs__-- ... ..... ........ „when special,to be placed in eneral tax roll________________________________________ 48 council toraase,for expense o city--------------------------------------------------- 48 8 bridge,to be raised annually-----------•------- --------- rolls to be made by assessor---__-------------...••- .r_ 51 raps to,be deliveredetotyreaeurer_...._._.... ........................ .. 52 when:a lien on Prof .......... ..... 52,53 7,1 delinquentlaw to apply to_. 60 limit of--- 51 manner of levying--r.......• ............... ...........•.. 51 . r�r ....................................... citizens'meeting to increase rate o .-_..-_-_.. levy.for_--- .. 51 68 fees for collect ion__._._... council,may make by-laws for collection of_________________________________________ 54 i _ 'TAx-PAYER$: 51 meeting of,when council to call____________________ .'i'-AX'AoLLs dolivery of to treasurer------------------------------- 52 to be delive.7 of ------ ------------- PH ELEsetting of,�council to regulate----------------------- 44 TER 7,8 12,of office of city officers_. 6 '117m Vote: ----•................ how determined by council..................•._.._.._.-. • ASURER of city settlement with------------------------------------------------------------------ 22 to have custody of all moneys--------------------------- ----------•----- 22 bondof---------------------------------------- 23 monthly statement of to council................ 23 books of,open for inspection___--------------------•- -- annual report to council----------------------------------------------- 23 ` not to use city money for personal use......................................... warrant of assessor on.---__-----•-------- 52 when to notify tax-payers---------------------------- 52 return of unpaid taxes by----------------------------------- 52 7 r payment to,by Ingham county,of delinquent tax----------------------------- ment 58 no payymment by,except on appropriation________________________•--__--______-_- 54 school funds to be kept separate by----------------•-----••--------•------------ �, if school board duties and bond of------------------•---•-••------- '�` �TRP7ES: (see shade,trees.) TRUSTEES: 33 for cemetery,council to appoint_-•-- T)aEAwhen order on,not to exceed cash in---------------------------------------------•--- 54 V � a�, vAOAzaCiEa:;. how filled_--------------- 6 ;VAGRANTS':' 62 -- defined and penalty for ............................. ----------------. VEHICLES for hire,regulation of--••-••--...-'----• ..... 15 stands for,council to fix__-------------------------------------------------------- VETO: 44 8 mayormay------------------------------------------------------------------------ z clerk to notify council of------------------------------- 18 VICE- Council to make ordinance to restrain________________________________________________ 12 VOTES: � x canvass of_----- 6 .` tie,how decided------------------------------------------------------- VOTERS:. ' ` 4 registration of---------------------------------------------------------- �• annual school meeting of_____________ 51 51 citizen,,meeting of to raise rate of tax................................................ WARDS- _ ____________________________________________••-.-_------_....._ 4 � city divided into __ _ 6 election*of'alderman for-------------------------------- ______________ election,of member board of education for--------------------------------------....- 5 a } m 86 INDEX. WARDENS: PAGE. SEC. appointmentof------------------------------------------------------------------------- 7 12 compansationof............................................••......_-_....--••--..-.... 29 41 dutiesof................................................................................ 29 40 s WARRANT: of assessor on taa roll.................................................................. 55 6 treasurer to pay money only on........................................................ 22 3 WATCHMAN: night,council may appoint........................................................... 7,29 12,1 ` dutyof................................................---- 30 4 mayor may suspend................................................... •----••--- 6 t: WATER COURSES: 4 (see sewers,drains.) WATER WORKS: council may establish---......................................................... 20 42 i purchase of grounds,etc.,for......................................................... 35 2 ` WEIGH MASTERS: 4 appointment of................................................... ----- 7 12 zsalary of-------------------------------------------------------------------------------- 29 40 WEIGHTS: ; keeping of proper,council to enforce................................................. 14 is cityclerk to be sealer of------- ----------•-------------------------------------------- 22 11 WEEDS: destructionof.......................................................................... 15 13 t WOOD; inspection of 14 18 stands for sale of______________________ WORK HOusES: council may purchase grounds,etc.,for.............................................. 35 2 1 g r , ,max Sj ,ry11111�:::n. y q: 3 � 3 N — S T �F i }