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HomeMy WebLinkAboutCity Charter 1859 . p . 2°\ 7 \§�.�: ! � ! � . , �ƒ} � � si ` . \� 2 z -«® , «, « -' � \>��\:\��� © /� .. �\ \? � C H A R T E R OF THE C I T Y O F L A N S I N G PASSED BY THE LEGISLATURE February 15, 1 859 { No. 220. AN ACT to incorporate the city of Lansing. SECTION 1. The people of the State of Michigan enact, That so much of the town Boundaries ship of Lansing, in the county of Ingham, of city. as is included in the following descrip- tion, to wit: All of sections nine, six- teen, twenty-one, ten, fifteen and twenty- two, the east fractional half of section eight, the east half of section seventeen, and the east fractional half of section twenty, be and the same is hereby set off from the said township of Lansing , and declared to be a city, by the name of "the city of Lansing, " by which it shall hereafter be known. Sec. 2. The freemen of said city, from time to time, being inhabitants thereof, ncorpora- shall be and continue a body corporate and tion politic, to be known and distinguished by the name and title of the City of Lansing, and shall be and are hereby made capable of suing and being sued, of pleading and being impleaded of answering and being answered unto , and of defending and being defended in all courts of law and equity; and in all other places whatever; and may have a common seal , which they may alter and change at pleasure and by the same name shall be and are hereby made capable of purchasing, holding, conveying, and disposing of any real and personal estate for said city. See. 3. The said city shall be divided into three wards, as follows; The first Ward boun- ward shall consist of all that part of the daries city north of the center line of Saginaw street, continued east and west to the eastern and western boundary of said city. The second ward shall consist of all that part of the city south of the first ward and north of the center line of Washtenaw street, continued east and west to the eastern and western boundary of said city. The third ward shall consist of all that part of the city south of the second ward. Sec. 4. The officers ofsaid city shall be one mayor, one recorder, one treasurer, Officers one clerk, one justice of the peace in the first ward, and one justice of the peace in the second and third wards of said city, one constable in each ward of said city, two alderman in each ward of said city, one of whom in each ward shall be the supervisor of such ward, as is hereafter designated and provided, two school inspec- tors, two directors of the poor, who shall be elected at the annual city election by the qualified electors of the whole city, or of the wards thereof respectively, by ballot , as hereinafter provided; also, one auditor one marshal, and watchmen not to exceed one for each ward, of whom one shall be designated as captain of the watch, one health physician, and so many fire-wardens, common criers, pound-masters, inspectors of fire-wood, weigh-masters and auctioneers, as the common council shall from time to time direct , to be appointed by the common council , and such other officers as may be necessary to carry into effect the powers granted by this act, whose powers and duties, other than those defined in this act, shall be such as shall be pre- scribed by ordinance of the common council. Sec. 5. No person shall be eligible to Eligibility either of said offices, unless he shall then to office. be an elector and resident of said city, nor shall he be eligible to any office for any ward or district, unless he shall then be an elector and resident of such ward or dis- trict, and when any officer elected or apa=- pointed for any ward or district, shall cease to reside in said city, or if elected or appointed for any ward or district shall cease to reside in such ward or district, his office shall thereby become vacant, and no person shall be eligible to the said office of recorder unless he shall be of the degree of attorney and counsellor at law of the supreme court of this State. Sec. 6. An election shall be held in each ward annually, on the first Monday in Annual April, at such place as the common council elections. shall appoint, by posting printed notices of the holding of said election, in at least three of the most public places in each ward, at least six days previous to said election. sec. ?. At the first annual election to be held in said city after the passage of this act, there shall be elected two alder- Officers men in each ward, one for the term of one to be year, who shall enter upon the duties of elected his office immediately upon his qualifica- tion, in the year eighteen hundred and fifty-tins, and another for the term of two years, and the term for which the per- son voted for is intended shall be designated on the ballot ; and at each annual election thereafter to be held, one alderman shall be elected in each ward , who shall hold his office for the term of two years; there shall be elected annually in each ward, by the electors thereof, one constable , to hold his office for one year; and at the first city election after the passage of this act, there shall be elected by the electors of the first ward, one justice of the peace, and by the electors of the second and third wards, one ,justice of the peace, who shall hold their offices within the districts for which they are elected, and for the term of four years from the time they enter upon the duties thereof, as hereinafter provided, and at every fourth annual election thereafter, unless a vacancy shall sooner accur, there shall be elected two justices of the peace, as aforesaid, who shall hold their term of office four years: Provided., That the per- sons already elected to the office of justice of the peace in said township shall continue to hold their offices as ,justices of the peace until the justices of the peace under this act shall have been elected and qualified, unless their term of office shall sooner ex- pire; and there shall also be elected annually by the electors of the whole city , voting in their respective wards, one mayor, one record- er, one clerk, one treasurer, two directors of the poor, who shall hold their offices for the period of one year; at the first city election after the passage of this act, and at the annu- al election every two years thereafter, there shall be elected in said city by the electors thereof, voting in their respective wards, two school inspectors to hold their office for the term of two years: Provided, That the persons now holding said office of school inspector in said township , shall continue to hold their office until the school inspectors under this act shall have been elected and qualified, un- less their term of office shall sooner expire. Sec. 8. The common council shall, at the first meeting after their election, or as soon thereafter as may be, and as often ash Officers any vacancy occurs in any of the offices in to be this section named, appoint by ballot two appointed commissioners for the city cemetery ( or cemeteries) , one of whom shall hold his office for the term of two years, and one ra of them for the term of one year, and the term of each shall be designated upon the ballot, and annually thereafter the said common council shall appoint one commissioner of the city cemetery, who shall hold his of- fice for two years ; they may also appoint the watchmen for said city, not to exceed one for each ward, of whom they shall designate one as captain of the watch, to hold their respec- tive offices during the pleasure of said council; they may appoint, at their first annual meeting after their election, or as soon thereafter as may be, one surveyor and one health physician, to hold his office one year, and so many fire- wardens, common criers, pound-masters, weigh- f masters, inspectors of fire-wood and auctioneers, 1 , as the common council shall deem necessary, each , to hold their offices during the pleasure of the G common council; the common council may contract with- a counsellor-at-law to perform such services as may be required of him as attorney and coon- ff ` sellor-at-law for said city , for such period, not exceeding one year, and for such compensation as the common council shall determine; the person with whom such contract is made shall not be enti- tled to receive for services rendered under such contract , during its continuance, any other fee or reward whatever, which shall be paid out of or withheld from the treasury of the city. Sec. 9. When any vacancy occurs in any of the Vacancies, offices which are appointed by the common council, how filled. either by death, resignation or removal of the Incumbent, the said council may fill such vacancies by appointment for the remainder of the unexpired term for which such officer was appointed. Sec. 10. All officers appointed by the common Removals, council, by the provisions of this act, may each 4 how made. be removed from office by the common council, for official misconduct, or for the unfaithful or in- sufficient performance of the duties of his office, but notice of the charges against them , and an opportunity of being heard in their defence shall first be given. s, Sec. 11. On the day of election, held by When Polls virtue of this act, the polls shall be opened � are to be in each ward., at the several places designated � opened and by the common council, at eight o' clock in the closed morning, and shall be kept open, without inter- mission or adjournment , until four o' clock in the afternoon, at which hour they shall be finally closed. Sec. 12. The inhabitants of the said city Electors being electors under the constitution of the State of Michigan, and no others, are declared to be electors under this act, and qualified to vote at the elections held by virtue of this act ; and each person offering to vote at any such election, if challenged by an elector of said city , before his vote shall be received, shall take one of the oaths now provided by the laws of this State, approved June twenty-seventh, y eighteen hundred and fifty-one, entitled an act to provide for holding general and special elec- tions, which oath shall be administered to him by one of the inspectors of election; and if any person shall swear falsely, upon conviction k thereof, he shall be liable to the pains and pen- alties of perjury, but the common council of said city are hereby authorized and emp.Owered to provide by general ordinance, from time to time, to so change the form of the oath or oaths to be administered to such elector, ( if challenged, ) as to conform to the constitution and laws of the State which may from time to time be in force. Sec. 13. The two aldermen of each ward shall Inspectors constitute the board of inspectors of elections, of Election. and such one of their number as they shall appoint shall be their chairman; said board shall also appoint two competent persons to be clerks of elections; each of said persons so appointed shall take the constitutional oath of office, to be administered. by either inspector of said board, who are hereby authorized to administer the same. Sec. 14. Inspectors of elections, as specified in the preceding section, shall be inspectors of election held in said wards respectively, as well for the election of State, district and county, as for the city and ward officers. Sec. 15. The electors shall vote by ballot , Ballots and each person offering to vote shall deliver his ballot , so folded as to conceal its contents, to one of the inspectors, in the presence of the board; the ballot shall be a paper ticket , which shall contain, written or printed, or partly written and partly printed, the names of the per- sons for whom the elector intends to vote, and a' shall designate the office to which each person 'so named is intetded by him to be chosen; but no ballot shall contain a greater number of names x . of persons, designated for any office, than there are persons to be chosen at the election to fill such office. On the outside of each ballot, when folded, there shall appear, written or printed, one of the following words: ward "city , " but no ballot , found in the proper box, shall be re- jected for want of such endorsement. Sec. 16. The ballot endorsed "city" shall con- Ballots tain the names of persons designated as officers ` for the city; the ballots containing the names of T' persons designated as officers for a ward shall be endorsed "ward" , with locks and keys, in which the two kinds of votes shall be deposited sepa �3 rately. Sec. 17. If at any annual election to be held IV Vacancies in the said city , there shall be one or more va- IN cancies to be supplied in any office, and at the same time any person is to be elected for the full term of said office , the term for which each person voted, for, for the said office, shall be designated on the ballot. Sec. 18. Immediately after the closing of� the Canvass of polls, the inspectors of election shall, without votes adjournment, publicly canvass the votes recieved by them, and declare the result; and shall, on the same or on the next day, make a certificate, stating the number of votes given for each per- son for each office, and shall file such state- ment and certificate, on the day of election, or on the next day, with the clerk of the city. Sec. 19. It shall be the duty of the inspectors Poll lists of election on receiving the vote, as specified in section fifteen,• to cause the same, without being opened or inspected, to be deposited in the proper box provided by the common council for that pur- pose; the said board shall also write down,. or cause to be written down, the name of each elec- tor voting at such election, in a poll list to i3 be kept by said inspectors of election, or under their direction. Sec. 20. The manner of canvassing said votes Canvass shall be as follows: The inspectors shall pro- how con- ceed to count the ballots, unopened, and if the ducted number of ballots so counted shall exceed the number of names of electors contained in the poll list, one of the Inspectors shall draw out and destroy as many as the number of ballots exceeds the number of electors contained in said poll list; I 17 and if two or more ballots are found rolled or rt folded up together, they shall not be counted ; they shall then proceed to count and estimate ' said votes, as provided in the preceding eight- eenth section: Provided, however, That the first election held after the passage of this act R shall be conducted by the persons, at the time and places, and in the manner to be designated for the several wards , by the supervisor, town- ship clerk, and justice of the peace, whose term of office will first expire, of the township of Lansing; and the persons so elected shall be notified of their election, and file their oath of office as the said officers shall direct. }t 3f + Sec. 21. The person receiving the greatest number of votes for any office in said city or ward, shall be deemed to have been duly elected { to such office; and if any officer, except alder- fi men, shall not have been chosen by reason of two or more candidates having received an equal num- ber of votes , the common council shall, by ballot , h elect such officer from the two candidates having the highest number of votes. Sec. 22. The supervisor, township clerk and justice of the peace whose term of office will j Certifica- first expire, of the township of Lansing, shall tes of convene on the Thursday next succeeding such election election, at two o'clock in the afternoon, at the township clerk' s office, and shall determine and certify, in the manner provided by law, what persons are duly elected, at the said election, to the several offices respectively. Such certif- icate shall be made in triplicate , one of which shall be filed with the clerk of said township, k one with the city clerk elected, and the other k_ with the clerk of the county of Ingham. The common council of the city for the preceding F year shall convene on the Thursday next succeed- ing each annual election, at two o'clock in the afternoon, at their usual place of meeting, and shall determine and certify, in the manner pro- vided by law, what persons are duly elected at the said election to the several offices, respec- tively; such certificate shall be made in dupli- cate, one of which shall be filed with the clerk of the city , and the other with the clerk of the county of Ingham. All officers, elected as here- inbefore provided, shall enter upon the duties of their respective offices on the first Monday of May next following such election, unless otherwise herein provided. OF I i Sec. 23. It shall be the duty of the clerk of said city, as soon as practicable , and with- Officers in five days after the meeting of the common14 elect to council , as provided in the preceding section, be noti- fied to notify the officers , respectively, of their ft election; and the said officers so elected and notified, as aforesaid, shall, within ten days after such notice, take the oath of office pre- h scribed by the constitution of this State, be- fore some officer authorized by law to administer oaths, and file the same with the clerk of said city. f Sec. 24. Whenever a vacancy occurs in the . Vacancies office of alderman, by his refusal or neglect to take the oath of office within the time re- in common quired by this act, by his resignation, death, council ceasing to be an inhabitant of the city or ward for which he shall have been elected, removal z from office, or by the decision of a competent tribunal declaring void his election, or for any other cause the common council of said city shall immediately appoint a special election to be held in the ward for which such officer was chosen, at some suitable place therein, not less than five days nor more than fifteen days from the time of such appointment : Provided, That in cause any such 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 I to order a special election or not, as they III shall deem expedient. , Sec. 25. In case a vacancy shall occur in iR any of the offices in this act declared to be Other va- elective or appointive, except alderman, the cancies common council may, in their discretion, fill such vacancy by the appointment of a suitable person, who is an elector, and if appointed for a ward, who is also a resident of the ward 1 for which he shall be appointed, and any officer appointed to fill a vacancy, if the office is elective, shall hold, by virtue of such appoint- ment, only until the first Monday of May next succeeding; if an elective office which shall Via; have become vacant was one of that class whose terms of office continue after the next annual '' election, a successor for the unexpired term shall be elected at the next annual election. Sec. 26. Whenever a special election is to Special be held, the common council shall cause to be delivered to the inspectors of election in the election, ward where such officer is to be chosen, a no- how ducted con tice signed by them, specifying the officer to be chosen, and the day and place at which such election is to be held, and the proceedings at such election shall be the same as at the annual or general election; such notice shall also be published in a newspaper of the city , at least Sec. 2?. Every person chosen or appointed by the common council, before he enters upon Aceptance" the duties of his office, and within five days after being notified of his appointment, shall cause to be filed in the office of the city clerk, a notice in writing, signifying his acceptance of such office. Sec. 28. If any person elected or appointed Effect of under this title shall not take and subscribe the oath of office, and file the same as there- failing to in directed, or shall not cause a notice of file accep- acceptance to be be filed as therein directed, tance or if required by the common council to execute an official bond or undertaking, shall neglect ' to execute and file the same, in the manner ; I and within the time prescribed by the common council , such neglect shall be deemed a refusal j to serve, unless before any step is taken to fill any such office by another incumbent, } a' such oath shall be taken, or such acceptance be signified, as aforesaid. Sec. 29, At the expiration of twenty days after any election or appointment of any officer � Duty of in the said city , the clerk of the said city clerk. }" shall deliver to the common council a list of the persons elected or appointed, _arid of the {'I office to which they are chosen therein, e specifying such as shall have filed with him ` the oath of office , or notice of acceptance ' required by this act and such as shall have w. omitted to file the same within the time here- In prescribed. Sec. 30. The mayor shall report to the k common council the names of such officers Mayor to re- as shall have neglected to give the bond port such as and security required by the provisions of F" fail to give this act. bonds Sec. 31. Resignations by any officer Resigna- authorized to be chosen or appointed by tions this act, shall be made to the common council, subject to their approval and accep - .<... tance. . Sec. 32. At all city elections, every =` adhere elec- elector shall vote in the ward where he tors may shall have resided ten days next preceding vote. the day of election, otherwise he may vote in the ward from which he removed: Provided, He shall have resided in such ward ten days prior to such removal. The residence of an elector under this act shall be the ward where he boards or takes his regular meals. i Sec. 33. At any election held under this � ! act if from any cause either or all of the Inspectors inspectors of election shall fail to attend any such election, at the appointed time and place, his or their place may be supplied for the time being by the electors present, who 5 : shall elect any of their number viva vote, { who, when so sleeted, shall be duly sworn, by an officer authorised to administer oaths, ' to a faithful performance of their duties. Sec. 34. The expenses of any election to be Expenses held as provided by this act , shall be city ' charges, and defrayed in the same manner as the other contingent expenses of the city . Sec. 35. Any person elected to any office ,. Terms of under this act, at the expiration of the term s.. office 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 G portion of the regular term limited to such ` , office, and until his successor shall be n elected and qualified. TF 4 Sec. 36. The mayor and aldermen of said city shall constitute the common council.. They R�iV Common shall meet at such times and places as they �i council shall from time to time appoint ; and on special occasions, whenever the mayor or-person offici- ating as mayor, ( in case of vacancy in the ' , office of mayor, or if his absence from the Y city, or inabilit to officiate, ) shall by written notice appoint and which shall be ` � served on the members in such manner and for such time as the common council may by ordin- ance direct. IVI Mayor to Sec. 37. The mayor, when present, shall preside preside at the meetings of the common council. ;i` Sec. 38. No ordinance or resolution passed ;3 Ordinances by the common council shall have any force or when sus- effect, if, on the day of its passage, or ony'' pended the next day thereafter, the mayor or other f;l 0I officer legally discharging the duties of "'I ll mayor, shall lodge in the office of the city clerk a notice in writing, suspending the ;�,� immediate operation of such ordinance or resolution. If the mayor or other officer3 ; legally exercising the office of mayor, shall, g Y within twenty-four hours after the passage of such ordinance or resolution lodge in the office of the city clerk his reasons in writing why the same should not go into effect , the same shall not go into effect, nor have any legal operation, unless it shall, at a subsequent meeting of the common council , be passed by a majority of two thirds of all the members of Sec, 39. It shall be the duty of the city Duty of clerk to communicate to the common council, at the next meeting of the board, any paper that clerk may be lodged with him pursuant to the last preceding section. Sec. 40. In the of the common proceedings council each member present shall have one vote , except the mayor or officer discharging the duties of mayor, who shall have only a casting Ilg vote when the votes of the other members are equally divided. ; Sec. 41. The sittings of the common council Meetings to shall be public, except when the_ public interests shall in their opinion require secresy. The I he public minutes of the proceedings shall be kept by the clerk, and the same shall be open at all times 'I for public inspection. Sec. 42. Whenever required by two members, �i;l, the votes of all the members of the common Votes of council, in relation to any act, proceeding or members to proposition, had at any meeting, shall be en- be entered tered at large on the minutes; and such votes on the min- g shall also be entered in relation to the adop- utes tion of any resolution or ordinance, report of i a committee , or other act, for taxing or assess- ing the citizens of said city, or involving the IV appropriation of public moneys. Sec. 43. A majority of the common council � `I shall be a quorum for the transaction of business; Quorum but no tax or assessment shall be ordered, or any appointment be made, except by a concurring vote of a majority of all the members of the common council; and the council shall prescribe the rules for its proceedings. Sec. 44. No member of the common council shall, ; Members of during the period for which he was elected be appointed to, or be competent to hold any office, common of which the emoluments are paid from the city council inel-treasury , or paid by fees directed to be paid by , gible to city any act or ordinance of the common council, or : offices be directly or indirectly interested in any con- tract, as principal , surety or otherwise, the �I expenses or consideration whereof are to be paid 311 under any ordinance of the common council; but4 this section shall not be construed to prevent ,3 the mayor or clerk from receiving any salary which may be fixed by the common council, nor R from holding any office, nor to deprive any alderman of any emoluments or fees to which he may be entitled by virtue of his office. 4 , f sl , s hl I 4: 1 ' 7I See. 45. The common council, in addition to the powers and duties especially conferred upon General them in this act , shall have the management and Powers control of the finances , rights and interests, Common buildings, and all property , real and personal, council belonging to the city, and may make such orders and by-laws relating to the same as they shall deem proper and necessary; and further, that they shall have power within said city to enact, make, continue, establish, modify, amend and repeal such ordinances , by-laws and regulations as they deem desirable within said city, for the following purposes: First. To prevent vice and immorality, to pre- Public serve public peace and good order, to regulate peace the police of the city , to prevent and quell _, riots, disturbances, and disorderly assemblages; Second. To restrain and prevent disorderly Disorderly and gaming houses, and houses of ill-fame all and gaming instruments and devices used for gaming, and houses to prohibit all gaming and fraudulent devices, and regulate or restrain billiard tables and bowling alleys; Third. To forbid and prevent the vending Intoxica- or other dispositions of liquors and intoxi_ 4 ii ting drinks eating drinks, in violation of the laws of this State , and to forbid the selling or giving, to be drank, any intoxicating liquors to any child or young person, withdut the consent of his or l�tiE her parent or guardian, and to prohibit, restrain 11IIi and regulate the sale of all goods, wares , and ,'C personal property at auction, except in cases of lH sales authorized by law, and to fix the fees to be paid by and to auctioneers; Fourth. To prohibit, restrain and regulate Exhibitions all sports , exhibitions of natural or artificial t F curiosities, caravans of animals , theatrical {' I exhibitions, circuses, or other public perfor- mances and exhibitions for money; , Fifth. To abate or remove nuisances of every Nuisances kind, and to compel the owner or occupant of any grocery, tallow-chandler shop, butcher' s stall, '� soapfactor tanner stable privy , do - en ��° '' Y, y, y : g p sewer, or other offensive or unwholesome house g ; or place, to cleanse, remove or abate the same, from time to time, as often as they may deem necessary for the health, comfort and convenience If of the inhabitants of said city. 1 Sixth. To direct the location of all slaughter- �1 house , markets and buildings for storing gunpowder, or other combustible substances; Seventh. Concerning the buying, carrying, selling IiIII and using gunpowder, fire-crackers or fire-works Gunpowder manufactured or prepared therefrom, or other com- &c. bustible materials, and the exhibition of 'fire-works and the discharge of fire arms, and the lights in 11 ' barns, stables and other buildings, and to restrain the making of bonfires in streets and yards; Eighth, To prevent the cumbering of streets, ;I, Encumbran- side-walks, cross-walks, lanes, alleys, bridges, . ces aqueducts, wharves or slips in any manner whatever; i Ninth. To prevent and punish horse-racing, F and immoderate driving or riding in any street, Past or over any bridge , and to authorize the stopp- Driving ing and detaining any person who shall be guilty . of immoderate driving or riding in any street , or over arly bridge; Tenth. To restrain and regulate the use of Railroads locomotives, engines and cars upon the railroads within the city ; Eleventh. To prohibit or regulate bathing in Bathing any public water, and to provide for cleansing Grand and Cedar rivers of drift-wood and other obstructions within the city limits; Twelfth. To restrain and punish drunkards, IT Vagrants, vagrants, mendicants , street beggars , and &c persons soliciting alms or subscriptions for any purpose whatever; Thirteenth. To establish and regulate one or sA Pounds more pounds, and to restrain and regulate the running at large of horses, cattle , swine and other animals, geese and poultry, and to author- ize the impounding and sale of the same for the penalty incurred, and the costs of keeping and �. . Impounding; Fourteenth. To regulate and prevent the ` Dogs running at large of dogs, to impose taxes on the owners of dogs and to prevent dog-fights in the ;E streets; Fifteenth. To prohibit any person from bring- Nuisances I g and depositing within the limits of said city any., dead carcass or other unwholesome or offen- sive substance, and to require the removal or ;;l�� destruction thereof, if any person shall have on his premises such substances, or any putrid is fishy hides or skins of any kind, and an meats, , il( his default, to authorize the removal or des- truction thereof by some officer of the city ; Sixteenth. To compel all persons to keep ` Side-walks side-walks in front of premises owned or occu- pied by them, clear from snow , dirt, wood, or � I; � obstructions; Seventeenth. To regulate the ringing of bells lljA ' Disturbing and the crying of goods and other commodities for i) noises, • &c sale of auction, or otherwise and and to pre- vent disturbing noises in the streets; Eighteenth. To prescribe the powers and tilj . Watchmen duties of watch-men, and the fines and penalties ' for their delinquencies; Nineteenth. To regulate and establish the line Rill Streets. upon which buildings may be erected upon any street ;;+ lane or alley in said cityt and to compel such + 1 buildings to be erected upon such line, by fine �, !i upon the owner or builder thereof, not to exceed � �IlUl five hundred dollars; MR Twentieth. To regulate the burial of the dead, Burial of and to compel the keeping and return of bills of i the dead mortality; Twenty-first. To establish, order and regulate ( ,i Markets the markets, to regulate the vending of wood, meats, vegetables, flu.# „ fish and provisions of all kinds, i � l and prescribe the time and place for selling the 1� same , and the fees to be paid by butchers for ! ' license; Provided, that nothing herein contained shall authorize the common council to restrict in any way the sale of fresh and wholesome meats by the quarter within the limits of the city ; Twenty-second. To establish, regulate, and pre- reservoirs , wells and pumps, Reservours serve public and to {I prevent the waste of water; ' Twenty-third. To regulate sextons and under- Ls Sextons, &ctakers for the burying the dead, carmen and their carts, hackney carriages and their driorters°mni and " buses and their drivers , scavengers, p chimney-sweeps, and their fees and compensation, and the fees to be paid by them into the city treasury for license; Twenth-fourth. To prevent runners, stage- ; Runners. drivers and others, from soliciting passengers or others to travel or ride in any , or upon any railroad, or to go to any hotel or otherwheres; Street Twenty-fifth. Concerning the lighting of the lights streets and alleys, and the protection and safety � { of public lamps; Twenth-sixth. To regulate and restrain hawking Peddling streets, and to regulate pawn- and peddling in the �II brokers; � I Twenth-seventh. To prescribe the duties of all officers appointed by the common council, and their I� l � Duties compensation, and the penalty or penalties for fail- , �� and com- ing to perform and to prescribe the such duties, j it pensation bonds and sureties to be given by the officers of of various the city for the discharge of their duties, and the lid l officers time for executing the same , in cases not otherwise �� provided for by law; A Twenty-eighth. To preserve the salubrity of the ,lFh Water ters of Grand river, and other streams within the ' i'� wa limits of the said city; to fill up all low grounds or lots covered or partially covered with water, or �H' to drain the same, as they may deem expedient; 'k Twenty-ninth. To prescribe and designate the �i stands for carriages of all kinds which carry persons �{ 11ack for hire , and carts and carters, and to prescribe yl stands the rates of fare and charges, and the stand or stands for wood, hay and produce exposed for sale in said city. Hi � Sec, 46. The common council may ascertain, Allpli lish and settle the boundaries of all streets and IIl Streets alleys in the said city, and prevent and remove all and alleys encroachments thereon, and exercise all other powers �Il,; conferred on them by this act, in relation to high- ways, common and other schools, the prevention of � fires, the levying of taxes , the supplying of they city with water, and all other subjects of municipal ftI y regulation not herein expressly provided. RVI Sec. 47. The common council shall also have Mill race power, by ordinance or otherwise, to require themill-race owners or occupantssofea ith bridges or the t�id City , , to cover e Aii be constructed with such materials as the common council shall direct; or they may direct the same to be covered in the same manner that other public �I" improvements are directed to be made. Sec. 48. Whenever the owner or occupant of any lb. mill-race shall refuse or neglect within such time as the common council shall have appointed, to cover k ' such mill-race in the manner and with the materials by them directed, it shall be lawful for the common k council to cause the same to be done at the expense of the city , and to recover the expenses thereof, with damages at the rate of ten per cent. , with costs of suit, from such owner or occupant; Sec. 49. Where , by the provisions of this act, the common council have authority to pass ordinances on Penalties any subject, they may prescribe a penalty not exceed- (unless the imposition of a ing one hundred dollars greater penalty be herein otherwise provided, ) for a violation thereof, and may provide that the offender on failing to pay the penalty imposed, shall be im- prisoned in the county jail of Ingham county, for any tehm not exceeding ninety days, which penalties may be sued for and recovered with costs, in the name of the city of Lansing. Sec. 50, No ordinance of the common council, ;,' lb. imposing a in penalty, shall take effect until after 1�1 'kji`i', i' p Y, the expiration of at least three days after the first IlEii publication thereof in a newspaper published in said city . !I"1 Et ' Sec. 51. A record or entry made by the clerk of j�r �. Evidences of the said city, or a copy of such record or entry 1; i ;� publication duly certified by him, shall be prima facie evidence of the time of such first publication; and all laws, {li' regulations, and ordinances of the common council 114,.k may be read in evidence in all courts of justice and in all proceedings before any officer, body or 11 board in which it shall be necessary to refer there- ,i , to; either: First. From a copy certified by the clerk of 'k;M' ,i the city, with the seal of the city of Lansing affixed; or, printed From the volume of ordinances pr Second. � by authority of the common council. Sec. 52.Whenever the common council are required by law to make publication of any notices, ordinances, or Publication resolutions or proceedings, in one or more newspapers {' f of the said city , it shall be deemed sufficient to publish the same in any daily or weekly newspaper published in said city. 53 The common council shall have power to' purchase and to hold a suitable lot or lots of Cemeteries land, within or without the corporation limits, K for the purpose of a city cemetery or cemeteries; s and they shall make such rules and regulations y a ��u regarding the same as they may deem necessary; and may cause the same to be surveyed into suitable lots, ' and may dispose of the same to purchasers , and there- upon cause to be executed to such purchaser a good and sufficient deed, in the corporate name of said city , which deed shall be signed by the Mayor and clerk. Sec. 54. The commissioners of the city cemetery Superint'd't and the auditor shall constitute a board of super- of city cem- interdents of the city cemetery , and the auditor etery shall be the treasurer of said board. Sec. 55. The common council shall have power to purchase a Potter' s field, within or without Potter's the city limits, for the burial of the city poor; . field and may make such rules and regulations concerning , the same as they may deem necessary. See. 56. The Common council shall have power, whenever, in their opinion, the necessities of the Public city require, to construct a city watch-house, city- buildings hall, and city-market or markets, and to appoints: the keepers, clerks , and necessary officers thereof, h city watch-house, city-hall, it and may locate such y and city market or markets, within or without the city limits, and may make such regulations con- cerning the same as the common council may think proper. See. 57 . First. The common council shall have ���� ' and exercise, in and over said city, the same powers If`' Taverns In relation to the regulation of taverns, groceries, common victuallers, saloon-keepers and others, as are now or may hereafter be conferred by the general laws of this State upon township boards, or upon �r corporate authorities of cities and villages in re- III I, lation to tavern-keepers and common victuallers, and subject to the same conditions and limitations, and the general laws of this State now in force, ',! or which may hereafter be enacted, in relation to the regulation of taverns , groceries and commons victuallers, shall be deemed applicable to this city, unless otherwise limited. Second. No person shall engage in or exercise ## the business or occupation of tavern-keeper, inn- ' I to be holder, common victualler, or saloon keeper, with- j licensed in the limits Of said city , until he is first li licensed as such by the common council; and any person who shall assume to exercise such business Tli or occupation, without having first obtained such y license, shall forfeit and pay for every day he ICI shall so exercise such occupation or business, the !I ' sum of two dollars to be recovered by action of I debt, in the name of the city of Lansing, before ,�'�" any ,justice of the peace of said city , together with the costs of prosecution. ,i� Third. The common council shall have power to grant licenses to authorize persons to exercise Licenses the business of tavern-keeper, inn-holder, common victualler, or saloon-keeper, within said city , and may impose such fees, to be paid into the city treasury, on the granting of such licenses, as they 1Nt, Sec. 58. The city clerk shall be the sealer of �11 weights and measures of the said city, and shall Weights & Measures Perform all the duties of township clerk, so far as the same applies to the sealing of weights and mea- sures, and the laws of this State relating to the sealing of weights and measures shall apply to the said city . I Sec. 59. On the last Tuesday in the month of April in each year, the common council shall audit Accounts and settle the accounts of the city treasurer, and ii to be audi- the accounts of all other officers and persons hav- ted. or accounts with it; ing claims against the city , and shall make out a statement in detail of the receipts and expenditures of the corporation during the preceding year, in which statement shall be clearly and distinctly specified the several items of expenditure made by the common council the ob- i jects and purposes for which the same were made, �I 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 assessment 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•g and such other information as shall be necessary toa full understand-. ', ing of the financial concerns of the city. Sec. 60. The said statement shall be signed by the mayor and clerk, and filed with the papers of j�l Statement beY ublished by the ' �1d 11' to be pub- clerk,city; and the same shallp lished clerk, at the expense of the city, in .some news- paper thereof, to be designated by the common council, previous to the first day of May there- t after. Sec. 61 . It shall be the duty of the Mayor to take care that the laws of the State, and the Duty of ordinances of the common council be faithfully mayor executed; to exercise a constant supervision and Ih� d11 control over the conduct of all subordinate �;� officers , and to receive and examine into all complaints against them for neglect of duty ;- toI�I�;, 11 recommend to the common council such measures as I��� he shall deem expedient to expedite such as shallII be resolved upon by them, and in general, to main- iHi1 twin the peace and good order, and advance the ,Ir ; prosperity of the city. � j . u It I'i Sec. 62. All official bonds of said city shall Rd! 111 be deposited with the clerk of the city for safe + I ' Official keeping, and it shall be his duty to deliver the i��i 1� bonds same to his successor in office �I �! 1 ill ;I ,Sec. 63. It shall be the duty of every alderman Duties of in said city, to attend the regular and special aldermen meetings of the common council; to act upon committees when thereunto appointed by the mayor or common council; to order the arrest of all persons violating the laws of this State, or the ordinances , by-laws or police regulations; to re- port to the mayor all subordinate officers who are guilty of any official misconduct, or neglect of duty; to maintain peace and good order, and to perform all other duties required of them by this act. Sec. 64. The mayor and aldermen, by virtue € Mayor and of their respective offices, shall be conservators aldermen of the public peace, and as such, shall each have to be con and exercise all the power and authority of ,bus'.j servators bees of the peace in criminal cases, and in en- of the forcing the laws of this State, relating to the public police thereof, but shall have no jurisdiction peace of civil cases, other than such as by this act shall be expressly conferred upon them, or either of them. Sec. 65. That alderman in each ward of said Supervi_ city whose term of office shall soonest expire shall be the supervisor within and for his res- sops pective ward for the last year of his term, and shall have and exercise, within his respective ward, all the powers, authority and functions of supervisors of towns as now provided, or may here- ! ; after be provided by law, except as herein other- wise provided; and each of them shall be membersil; i, of the board of supervisors of the county ofj3i,� Ingha, and as such shall be entitled to the same compensation, and shall be paid in the same ����� manner; and they shall perform as supervisors such other duties as by this act shall be required of them. Sec. 66. The annual assessment of property In I kssess- each ward shall be made by such alderman thereof, ments acting as, and being supervisor thereof as above in the last section provided. ( , Sec. 67. The said aldermen, acting as and being Cam ensa- the supervisors of said city, as above provided, p tion shall receive as compensation for their services while actually employed in their duty as assessors In their respective wards, the same sum per day as supervisors or assessors performing like duties in townships are or may hereafter be allowed by law, which compensation shall be audited and paid by the common council of said city , by the vote andtrl resolution of said council, which the said aldermen �� so claiming (as supervisors compensation shall �� � not be allowed to vote or take part. r(�J Irk Tt Sec. 68. The accounts and demands of all persons II Accounts hgainst the city, shall be verified by affidavit, and !3i and shall set forth the items thereof in detail, which fit ` dema'ds affidavits may be taken and certified by any member of said common council. Sec. 69. The Clerk shall keep the corporate seal , and all the papers and files belonging to said city Seal, &c. as a corporation, not properly by this act in the custody of some other officer thereof, and sh all make a record of the proceedings of the common council , whose meetings it shall be his duty to attend, and copies of all papers duly filed in his office , and transcripts from the records of the pro- ceedings of the common council , certified to by him under the corporate seal, shall be evidence in all places , when produced, of the matters therein con- tained; he shall countersign all licenses granted for any purpose whatever by the mayor or common council , and shall enter in an appropriate book the name of every person to whom a license shall be granted, and the number of such license, and the date thereof, and the time during which it is to be continued in force , and the sum_-paid for such license ; no license for any purpose granted shall be valid until i thus countersigned by the clerk. Sec. 70. The clerk shall publish at least one week in a newspaper printed in the city , all the ordinances Ordinance of the common council, for the violation of which any to be pub. penalty may be imposed, and all votes, ordinances and R11 resolutions, directing the payment of money, shall be hNII, published at least once in like manner, within eight days after the passage of such vote, ordinance or resolution; he shall also perform such other duties f!Hj as this act shall direct , or which may be directed by ���P ordinance of the common council. �`� ' f i � Sec. 71. The treasurer shall receive all moneys , ! belonging to the city , and shall deposit and and keep i , I I. the same as directed by the common council, and shall Treasurer keepan account of all receipts and expenditures ire Ti ii such manner as the common council shall direct; all moneys drawn from the treasury shall be drawn in pur- suance of an order of the common council, by warrant signed by the clerk, and countersigned by the auditor; such warrant shall specify for what purpose the amount named therein is to be paid; .and the clerk shall keep 1 an accurate account , under appropriate heads , of all J expenditures, of all orders drawn upon the treasury, In a check-book to be kept by him for that purpose; the books and accounts of the treasurer shall, at y reasonable hours, be open to the inspection of any ! elector of said city; the treasurer shall exhibit 4i to the common council, at the last regular meeting in the month of April , a full and fair account of Wi the receipts and expenditures after the date of his Hfl , or the last annual report, and also the state of the treasury, which account shall be referred to a committee for examination, and if found to be correct k' shall be filed. i Sec. 72 . The attorney or counseller of the city City Att- shall perform such duties and exercise such powers orney. as shall be assigned to him by the common council, z1, by an ordinance duly enacted. �. Sec. 73• The city marshal shall be superintendent of the city , and it shall be his duty to superintend, under the general direction of the common%council, I City all work to be done or performed ordered or required Marsh'l to be done or performed upon or in relation to any of the public streets, walks, bridges , sewers, or public , pumps, reservoirs or grounds of said city ; and to per- form such other duties as by this act or the ordinances or resolutions of the common council shall be required. Sec. 74. The recorder shall possess the same powers, , and perform and discharge the municipal duties of mayor during the absence , inability, death, resignation or Recorder removal of the mayor; he shall also have power to hold a recorder' s court , with such ,jurisdiction and powers as are hereinafter prescribed, and he shall have the i power and may exercise the jurisdiction in all cases arising within the limits of the said city , which is1 . now or may hereafter be conferred upon the judges of the circuit courts of the State, or circuit court „ commissioners, in cases of proceedings to recover , possession of land in certain cases , by chapter one hundred and twenty-three of the revised statutes, and1' the amendments thereof; and also in cases of habeas corpus and certiorari to inquire into cases of deten= , , � tion by ch apter one hundred and thirty-four of said 'll i , revised statutes , and also of all proceedings under , , title twenty-seven of the said revised statutes entitled �1�11 "of the punishment of fraudulent debtors, and the relief J 4, of insolvent debtors, " and in the exercise of such ,jurisdictions, shall be entitled to demand and receive ,� the same fees far the services so rendered, as are now I Lj or may hereafter be allowed to circuit court commisa stoner for like services; the recorder shall be en- titled to a seat within the common council for the ,�I, purposes of deliberation and of acting on committees, but shall have no vote therein except when performing p the duties of mayor according to the provisions ofiisfa this act. NoI" Sec. 75. The ,justices of the peace of said city shall file their oaths of office in the office of the Ii Justices clerk of the county of Ingham, and shall have in d � of the addition to the ,jurisdiction conferred by this act peace. on them, the same jurisdiction, powers and duties conferred or, ,justices of the peace in townships: i'� And provided further, That all actions within the j.1111 ,jurisdiction of justices of the peace, may be commenced �', and prosecuted in said ,justices' courts when the plain- IM il tiff or defendant , or one of the plaintiffs or defend- ' ' ' ants, reside in the township of Lansing, or in any town ship next adjoining the same. i�� Sec. 76. It shall be the duty of the ,justices of the ;%jig peace of said city to keep their offices In said city, Lb. and attend to all complaints of a criminal nature which H!,fl fore them, and they shall receive may properly came be for their services when engaged for the violation of �,� the ordinances of said city, such fees as the common council shall by ordinance prescribe. Sec. 77. All fines , penalties or forfeitures, recovered before any of said justices, for violation of any city ordinance , shall, when collected, be paid Fines to into the city treasury, and each of said justices shall be paid report on oath to the common council, at the first into the regular meeting thereof in each month, during the term City for which he shall perform the duties of such justice, treas'y. the number and name of every person against whom judg- ment shall have been rendered for such fine, penalty or forfeiture , and all moneys by him received for and on account thereof, which moneys so received, or which may be in his hands, collected on such fine, penalty dr forfeiture, shall be paid into the said city treasury on the first Monday of each and every month during the time such justice shall exercise the duties of said office; and for any neglect in this particular, he may be suspended or removed, as hereinafter provided. Sec. 78. In addition to the security now re- quired by law to be given by justices of the peace, Bonds each of the justices of the peace shall, before entering upon the duties of his office , execute a bond to the city of Lansing, with one or more suffi- cient sureties, to be approved by the mayor or re- corder of said city; which approval shall be endorsedI' on said bond, in the penalty of one thousand dollars � kljl 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 � I act required; which bond shall be filed in the office ;i ': of the treasurer of said city . JIM Sec. 79. It shall be the duty of each justice of the peace , at the first regular meeting of the common Duty of council, in each of the months of August, November, 'l V? justices February and May, in every year, to account on oath �I� I of the peace. before the common council, for all such moneys, goods, wares and merchandize, seized as stolen property, as shall than remain unclaimed in the offices of either of said justices of the peace and immediately there- after to give notice, for four weeks, in one of the public newspapers printed in the said city , to all persons interested or claiming such property: Provided, always, That if any goods, wares, merchandize, or chattels of a perishable nature, or which shall be ex- pensive to keep , shall at any time remain unclaimed in ; ifli the offices of either of said justices, it shall be lawful for such justice to sell the same at public auction, at such time, and aftersuch notice, as to k,' II hiiA and the said common council shall seem proper. „fi, !nu � � lij 'I if E Sec. 80. It shall be the duty of each of the justices of the peace aforesaid , who may recover Duty of or obtain possession of any stolen property, on justices his receiving satisfactory proof of property from of the the owner, to deliver such property to the owner peace. thereof, on his paying all necessary and reason- .. ' able expenses which may have been incurred in the recovering, preservation or sustenance of such property , and the expenses of advertising the same. Sec. 81. It shall be the duty of each of the justices of the peace aforesaid to cause all pro- Lb. perty unclaimed after the expiration of the notice 1' specified in the last preceding section but one of this act, money excepted, to be sold at public auc- tion to the highest bidder, unless the prosecuting attorney of the county of Ingham shall direct that It shall remain unsold for a longer period , to be used as evidence in the administration of justice, and the proceeds thereof forthwith to pay to the treasurer of the said city, together with all money , If any, which shall remain in his hands after such notice as aforesaid, first deducting the charges of said notice of sale. Sec. 82. The constables of said city shall have 1 ' and receive the same fees, and have the like powers Constables and authority in matters of civil and criminal nature, as is conferred by law upon constables in the several towns of this State, and shall, if required by the common council , give like security. '���z(# 1 Sec. 83. The city constables shall obey the orders of the mayor and aldermen, or of any person ��Ik Constables legally exercising the criminal jurisdiction of a it justice of the peace in said city , in enforcing the laws of the State or the ordinances of said �'j� city, and in case of refusal or neglect so to do, i,ikl he or they shall be subject to a penalty of not less than one nor more than twenty-five dollars. I ` I ! Sec. 84. The expenses of apprehending, examining HNNII Expenses. and committing offenders against any law of this State, in the said city , and of their confinement, „� shall be audited, allowed and paid by the supervisors ­ NI�� of the county of Ingham, in the same manner as if such expenses had been incurred in any town of the said county. f 13 I Sec. 85. The city auditor, previous to entering i upon the duties of his office, shall take and sub- ; City auditor-scribe an oath for the faithful performance of the u 1 i 1; same, and he shall also enter into a bond in such1,11 1 it sum and with such sureties as the common council shall fix and approve in writingendorsed thereon , which bond shall be filed with the city clerk. Said auditor shall countersign all orders for the payment of money out of the city treasury , and shall perform 3;;,;;. such other duties as the common council shall by i ; ordinance prescribe, and such other duties as are ,�j it prescribed in this act. � i! $. iG Sec. 86. The superintendents of the city cemetery or cemeteries shall have the care of the city cemetery Board of or cemeteries, and all the grounds or other property superin- tend' t ' belonging thereto, subject to the ordinances and endts direction of the common council; they shall make such of the city improvements upon the property as they shall think cemetery. expedient, but shall not expend, in any one year, more than one hundred dollars, without the consent of the common council previously obtained, and they shall receive no pecuniary compensation for their services ; and said superintendents shall report quarterly to the common council the amount expended by them in the improvement of said property. Sec. 87. The auditor shall, as treasurer of the board of superintendents, receive all moneys for lots Auditor which shall be sold in said city cemetery or cemeteries , to be and also all penalties collected for violation of treasurer city ordinances in relation to such cemetery or ceme- of the teries, and shall pay , upon resolution of the board., Board. for improvements made upon the grounds of the said cemetery or cemeteries, and also the incidental expenses of the board, where the accounts for said incidental expenses shall have been audited and allowed by the common council. �' 't' �',� r Sec. 88. The auditor shall pay over to the city treasurer all moneys which shall come into his hdnds Moneys to as treasurer of the board of superintendents of the be paid city cemetery, which are not by this act appropriated. into the it + city Treas. Sec. 89. It shall be the duty of said board of superintendents to publish an annual report in rela- Annual tion to the matters committed to their charge, in E .,! report one of the newspapers printed in said city, between �' the first and fifteenth days of February in each year. School In- Sec. go. The school inspectors and directors of § spect'rs & the poor shall continue to perform such duties as are r directors required of them by law. of the poor. lil it Sec. 91. The city surveyor, health physician, fire- Nhl"NIj wardens, common criers, pound-masters, inspectors of j��eE Other fire-wood and weigh-masters, shall perform such duties q officers and if required, shall file such securities as the common council shall by ordinance direct. Sec. 92. The common council shall annually deter- ;i,1� Salaries. mine the salary or compensation to be paid to the several officers of the said city, within the limita- dI111 ' '! tions hereinafter prescribed, and which shall be as follows, to wit : To the city clerk, in Addition to his fees and perquisites prescribed by law, a sum not Z1 ' a1 exceeding one hundred dollars per annum; to the city fit'' r` It treasurer, a sum not exceeding one hundred dollars il : per annum; to the city marshal as superintendent of P � Y : P streets and highways, a sum not exceeding one dollar ! and fifty cents per day, and at that rate for any part ' of a day, for every day by him actually spent in the I performance of such dt it ie s ; to each alderman of said iI��,�, city, as such, a sum not exceeding one dollar per annum; to the city auditor a sum not exceeding one ht,"Ar+oA Anl l ny-Q • to tha city nttnrnav n sum not i exceeding two hundred dollars per annum; and they may also establish the fee or salary to be paid to all other officers appointed by them, whose fees are not prescribed by law , and whose compensa- tion for services in required to be paid from the city treasurer. Sec. 93. The common council shall examine , settle, and allow all accounts and demands properly ?ayment of chargeable against said city , as well of its officers demands as other persons , and shall have authority to provide the contingent expenses of the said city , subject only to the limitations and restrictions in this act contained. Sec. 94. For the purpose of defraying the expenses and all liabilities incurred by said city , and paying Tax. the same , the common council may raise annually , by tax levied upon the real and personal property within said city , such sum as they may deem necessary , not exceeding one-half of one per cent. on the valuation of such real and personal estate within the limits G of said city , according to the valuation thereof, taken from the assessment roll of the year preceding the levying of such tax, and the sum or sums so to be raised shall be apportioned between the several wards of said city , in the manner in this act provided. NH See. 95• The treasurer. of said city shall collect 11 all taxes levied or assessod in said city , and for that purpose such treasurer shall give bond to said Collection city, in such sum and with such surety or sureties of taxes. as the common counci 1 shall require ire and approve; and i��'�! I such treasurer shall also ive to the treasurer of �' ' I1 the county of Ingham such further security as is or may hereafter be required by law of the several ; township treasurers of the several townships of this State ; and for the purposes of the collection and ! ''' ', return of all such taxes, and the return of property delinquent for the non-payment of taxes, the said ; 3 treasurer, on giving the bonds or surety so required l � shall possess all the powers, and perform all the '! ' Il duties, of the several township treasurers of this State, as prescribed by law , and shall also perform ! i such other duties, respecting the collection and return not taxes';: as'this =act-imposes. ,+ Sec. 96. The aldermen acting as the supervisors of the several wards of said city , shall complete VMW Tax rolls the several tax rolls of their respective wards, �' and deliver the same, with his warrant thereto attached { 1 to the city breasurer, within the time prescribed by 1111 I, law for the completion and delivery of the township 1I`1I tax rolls to the respective township treasurers of Proviso. this State: Provided , Security has been given by such treasurer, as required by law, or in this act provided but if such security shall not have been given by such treasurer, in the manner and within the time required, the common council shall immediatley appoint !�I some suitable person., who will give the requisite 11l security, to collect such tax rolls; and the person II , so appointed shall thereupon be entitled to receive --L a .r ,...� 1 � a -A < Inni l no11_ect and paV over such taxes, and make return of his doings thereon, in !; the same manner, and shall have all the powers, and shall perform all the duties, and shall be subject to all the same liabilities, in this act conferred upon" the treasurer, for the purpose of the collection and return and paying over such taxes. '', Sec. 97. For the collection of all such taxes, the treasurer, or other person appointed to collect the Per centage. same, shall be entitled to receive such percentage as shall be prescribed by the common council by I ; ordinance, not exceeding two perweent. upon the , sum to be collected; which sum shall be added in the computation of taxes on said tax rolls of the respective wards of said city . Sec. 98. Each of the aldermen acting as the I! , supervisors of said city, shall, in each and every I ' year, make and complete the assessment of all the Assessments 1 real and personal property within their respective wards in the same manner, and within ghe same time as required by law for the assessment of property In the several townships of this State, and in so I doing, shall conform to the provisions of law governing the action of the supervisors of the I� several townships of this State, performing like {{' services, and in all other respects, within their respective wards, shall, unless when otherwise in f provisions of law this act provided conform to the I , sa ' governing the action of supervisors in the several townships of this State , in the assessment of pro- !'I " perty, and the levying of taxes; and the issuing of warrants for the collection and return thereof, and ��11 shall, also, in each year, within thirty days after ;!i ,V the time required by law for completing the assess- went rolls in the several townships of this State, li,� hif make, and file with the city clerk of said city, a true and certified copy of the assessment roll of their respective wards for such year; and suchDU 'I city clerk shall receive and file the same in his office. Sec. 99. For the more effectual assessment and �i 'IP collection of taxes up on such State lands whether primary school, State building lands, or otherwise , {" State lands< 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 I , and the title to which shall still remain in the j State, it shall bb the duty of the city clerk, at least ten days before the time prescribed by law for completing the assessment rolls, to apply to ll; the Commissioner of the State Land Office; and it shall be the duty of the said Commissioner, on such i,Ui application, to make out and deliver to the saidliE' clerk, a correct list and description of all such dE {' State lands, within the limits of the said city, which list shall be filed by the said clerk, and kept in his office, for the use of the several aldermen acting as supervisors in the several wards of said city ; and s o much thereof as shall (,, be situated in any of the wards of the said city, shall be enrolled in a seperate art of the P ! assessment roll of such ward, under the title of "State lands, " and if occupied, shall be assessed to the occupant or occupants thereof, but if not „I occupied, shall be assessed as non-resident . �i J Sec. 100. It shall be the duty of the common council of said city , or, or before the last Satur- Council st day of October in each year day preceding the fir to determine by resolution the amount necessary to to esti- be raised by tax for city purposes within said city mate ann- for such year; and. it shall be the duty of the I ual taxes. several aldermen, acting as supervisors in the # several wards of said city to meet at the office ofjj the city clerk on the first Monday after the board of supervisors of said county of Ingham shall have completed the equalization of the valuation of the property in the said city and the townshi s of said county for such year, and shall then and there , or as soon as may be thereafter, apportion the amount so to be raised for city taxes among the several wards of said city according to the valuation of the property appearing upon the assessment rolls of said several wards for such year; as equalized by I,� the board of supervisors for such year; which appor- h tionment shall be entered at large by the city clerk upon the records kept by him of the doings of the I ' common council; and it is hereby made the duty of each of the aldermen, acting as the supervisors of i(� t the several wards of the said city , to levy the sum VI''i4 so apportioned to his respective ward, and such other taxes as may be required by law , upon the tax- ; II, able property of such ward in the same manner as taxes for township purposes are required by law to be till:i€ 1 levied by the supervisors of the townships of this � fll State. Sec. 101. All sums of money raised for local improvements in the several wards, shall be levied J}I ' and assessed upon the taxable property of the ward Local im- for which such sums were raised in addition to the provements general tax; and the same shall be collected by the in differ- g II treasurer and expended by the city marshal, under ent wards, the direction of the common council, for the local improvements in such ward for which it was so raised. I Sec. 102. The taxes so levied for city purposes shall be and remain a lien .upon the property on whichi the same was levied in the same cases, to the same I Taxes to equired by law extent , and in like manner as taxes r i; be a lien to be levied on property in the several townships it of this State are liens upon such property, and all provisions of law respecting the treturn axes and sale of s` property for the non-paymentof county and township purposes , shall apply to the OhI return and sale of propertyfor the non-payment ill ii of such city taxes, except as herein otherwise provided 'I 'I Sec. 103. The net proceeds of the sales of all 61 property delinquent for non-payment of city taxes, II Sale of shall be paid to the treasurer of said city by the I property treasurer of the county of Ingham, we requiredJill for taxes. by the city treasurer, and the net proceeds of all unty of Ingham, sums paid to the treasurer of the co before sale on account of property within said city returned delinquent for non-payment of city taxes I shall in like manner be paid to said city treasurer. 1 Sec. 104. It shall be the duty- of the Auditor CIA General, on receipt by him of the return of the treasurer of the county of Ingham of lands in said State county delinquent for cusentoA-beycreditedttoethe lands. assessed thereon, city of Lansing all city taxes remaining un- said paid upon so much of the property in said city so returned as shall have been assessed as "State lands, " as provided in section Ninety-nine of this act , ar�d witYain tern days after such return shall have beer. made to him, to cause to be made out , certified and delivered to the Commissioner of the State Land Office, a correct list of all such State lands, together with the taxes assessed { '! I thereon so returned to him as aforesaid; and the I net proceeds of all such city taxes so credited to said city as in- this section provided, shall be paid to the treasurer of said city by the State Treasurer wherever required by the City Treasurer. Sec. 105. It shall be the duty of the said Commissioner of the State Land Office, on receipt State of such list, as provided in the last preceding I lands, section, forthwith to charge to each description of land contained in such 1 ist , the taxes appear- ( k�y ing thereby to have been assessed therein; and Ip thereupon such taxes, together with the interest I thereon at the rate of fifteen per cent. per annum , from the first day of February next preceding, shall " remain and continue a charge and lien upon the inter- ests of the respective purchasers of such lads , to '.11 the same extent, and shall be enforced in the same manner in every respect as:now is or it force- shall hereafter bepofvddinterestaw fuponor hthenbalance CIO meat and collectionICI ! of purchase money remaining unpaid upon such lands. I Ig } Sec. 106. For the purchase and improvement of a city cometery or cemeteries, the common council may Cemeteries borrow on the faith of the city, a sum not exceeding three thousand dollars , for a term not exceeding twenty years, at a rate of interest not exceeding ] seven:.,per cent . per annum, payable annually, and for that purpose may issue the bonds of the city , signed by the mayor and clerk, and countersigned by the auditor, and in such form and in such sums 111 " (not exceeding in the aggregate the said sum of three thousand dollars , ) as the said common councilHThl I shall direct, and such bonds shall be disposed of under the direction of the common council of said II city , upon such terms as they shall deem advisable , but not less than their par value, and the avails I shall be applied in the purchase and improvement of a city cemetery or cemeteries, and the necessary ,iji'li i4 appurtenances , and for no other purpose whatsoever. �'IHH Sec. 107. It shall not be lawful for the common 14 Loses council (except as herein otherwise provided, ) to i,ij 1 1'j borrow any money or authorize the creation of any , ,� ;( liability or indeptedness against said. city in any one .year exceeding in the aggregate the amount which by this act act may be raised by tax for such year, and in case any sum or sums of morsel shall be borrowed saidycommon common council,council in any one year, or any officer thereof, shall enter into any contract or contracts for the payment of money binding upon said city , the same shall be paid out of the sums raised by tax for such year, if the payment there- of is not otherwise provided, and all sums of money borrowed by said city shall be applied to the pur- poses for which the same was borrowed, and for no other purpose whatsoever, but nothing in this act contained shall be construed to prohibit said common-o,ouncil from making assessments and levying and collecting taxes for the purpose of local im- provements. Sec. 108. All sums of money directed to be raised by the common council , except as in this on 1idhat prop- act otherwise provided, shall tateibetassessede saidc p all perty shall the real and. personal be assessed.accord ing to the valuation of the same as from the valuation thereof by the last preceding assessment roll filed in the office of the city clerk; but no IIi real or personal property which shall be exempt from taxation by the general laws of this State, nor any public square, park, od other plic cy, shall be assessed for the ordinary or ounttaxes 'l4 �i Sec. 109. Whenever by the provisions of this act ti the common council shall be authorized to issue Sinking city bonds for the payment of any sum or sums of fund. money, the said common council shall thereupon have the power to create a sinking fund for the payment h of the interest as it falls due and the extinguishment ill,, of the principal at the expiration of the time limited' , for the payment thereof, which fund shall be raised by a direct tax, which shall not exceed in any one year one mill on the dollar on the valuation of the real and personal vpreapadycollected said in thecity, sameand � ' which shall be le l manner as the ordinary city taxes of said city are levied and collected, and when so collected the same shall be applied to the credit of said sinking fund, for the purpose of paying off the principal and interest of the debt so created, as the same becomes- due. 1 Sec. 110. No money shall be drawn from the city treasury unless it shall have been previously appro- Appropria- priated to the purpose for which it shall have been lljlli tion. draww; and all ordinances , resolutions, and ordersId directing the payment of money , shill specify the I ob3eet and purposes of such payment , which shall � �IN !! clerk be certified by the clerk, and countersigned byiifl the auditor, before the same shall be paid by the treasurer. 1 '4 I ! Sec. 111. The treasurer shall, at the first of the common council in each I regular meetin,r Finances month, make report of the finances of said city) showing what appropriations and payments have been made out of each of the several funds of said city since his last preceding report , and of the state of each of said funds. ty Of Sec . 112. ':he common owerlcto laythe autciestab- Lansing shall have full p Highways lish, open, extend, wider, , straighter, alter, close, fill in or grade , vacate or abolish any leys,highways, streets , avenues , lames, awhenevePubhey lie grounds or spaces in said city , shall deem it a necessary public improvement , and private property may be taken therefor; but „ P � the necessity for using such property , the just ;I compensation to be made of the same and the damages arising to any person from the making of said improvements , shall be ascertained by a jury Ij of twelve freeholders residing in said city . �I Sec. 113. Whenever the common council shall deem any such improvements necessary , they shall ill so declare by resolution, which shall be drawn Improve- by the attorney of the corporation and in said ments resolution shall describe the contemplated improve- ment; and if they intedn to take private property therefor, they shall declare such intention, , ' and describe such property in said resolution, with particularity sufficient for ar, ordinary convey- : II !. ar�ce thereof, and further declare that they will on some day to be named in said resolution, apply to the re corder' s s court of said city , for the drawing of a jury to ascertain the necessity for ��Ilti using the property intended to be taker, if it be to eertairldthe Lust damages andsuch eompersation: to as- which I g any person may be entitled to, if such intended improvement be made, and to apportion and access P i such damages and compensation to and upon all lots, premises and subdivisions thereof, which will be benefitted by such improvement , and the ,! time to be named for applying to said court shall be on a day subsequ � ' .1 ent to the required ! 'publication of said resolution. Sec. 114. The common council shall give notice of the intended Improvement , and of the k ' intended application to said court, by causing ( °I Notice a copy of said resolution, certified by the to be rk of the city , to be published for four cle given. successive weeks in some-newspaper published in said city ; and the city marshal shall also ,th `,t give notice of said resolution by delivering a notice thereof, with a copy of the same annexed 1IlI,fl, lTl to the owner or ownersiff thny ey pcanvbeefoundeiny l' intended to be taken, said city , which notice shall be directed to } if they cannot �' I'� them; or, nnot be found in said city, '1 , by leaving the same at their place of residence with some person of proper age; if in said city , fihPv or their place of residence cannot be found, f' f and such property be occupied, said notice and COPY 9f said resolution shall be served by de- livering the same to the occupant or occupants, c or by leaving the same at their place of resid- ence within said city , with some person of proper age; but if the owner or owners of such property or their place of residence cannot be found, and it be not occupied, or, if it be occupied, but they, their place of residence , and that of the occupant or occupants cannot be found, or, if the owner or owners , occupant or occupants, be_. unknown, or`non-residents of said city , then, In either of such cases, notice of said resolu- tion may be given by posting the same with a copy of said resolution, in some conspicuous place upon the property intended to be taken; the marshal shall give notice of said resolution I, As above directed, and make return of his doings I and of the manner of giving said notice, as soon as practicable after the passage thereof, which returr, shall be made to the said court at least six days before the day appointed in said resolu- tion for the hearing of said application, and all persons interested therein, after notice given in the manner aforesaid, shall take notice of, and be bound by , all subsequent proceedings without any further notices except as herein otherwise provided. rl; Sec. 115. The clerk of said city shall deliver Ili to the attorney of the corporation, a certified City attor-copy of said resolution of the common council, 11 ney to whose duty it shall be to appear in said court, appear and make the application therein referred to, for the and conduct all further proceedings thereon in Ii city. behalf of the common council. Sec. 116. Upon the day designated in said " resolution, or on some other day to be appointed Ii Juroics by the court, and on filing a copy of said resolu- tion and an affidavit showing the required publica- I411 tion thereof, the marshal shall attend said court and write down the names of twenty-four disinterested freeholders residing in said city , and who shall be ji,Ht i approved by the court as such disinterested free- holders and residents, and qualified to serve. Sec. 117. Said court shall then issue a summons I ' I� commanding the marshal to summons said twenty-four lb. persons to be and appear in said court to serve as jurors , on some day to be named therein, which shall not be less than seven days after the issuing there- of; the marshal shall serve such summons at least three days before the return day thereof, and make return in the same manner as in the case of an ordinary venire for jurors for said court ; and the �,�jli persons thus summoned shall be bound to attend said ��F�` court, and serve until discharged; and said court III shall impose upon them a fine, not exceeding five dollars, for each day ' s non-attendance in court, or neglect to serve; but they may be exempted and excused by the court from serving, for the same reasons for which jurors in the circuit court may I9 Sec . 118. The names of the jurors in atten- dance, and who do not claim to be exempted or Jurors excused from serving, shall ther, be written by the clerk of the court on separate slips of paper of equal size and appearance, as near as practicable , and be deposited by him in a box having a lid or cover; he shall then shake said box so as to thoroughly mix said slips of paper, and shall then draw impartially , openly and In the presence of the court , so many of the slips of paper or ballots containing names written there- on, one after another, as shall be sufficient to form a jury. Sec. 119. If, in consequence of jurors being exempted, excused or set aside , there shall not H lb, be in the box any slips or ballots, or not a sufficient number of ballots from which to draw the jury , the marshal shall forthwith, under the order of the court , summons such number of persons fidi as the court shall deem necessary, and may order them to be and appear in said court to serve as ! jurors , and the persons thus summoned shall be ,i returned, be bound to attend said court and serve and be competent to form the jury in the same manner, and to the same effect , as those first ,G summoned. Sec. 120. The first twelve persons who shall �Ca appear as their names are drawn and called by the ,P , clerk, or who are called by him when all the ballots lb. have been drawn from the jury -box and shall be I approved by the court as qualified, shall be the IiG , jury, and shall be sworn to discharge the duties imposed on them by this title, faithfully, Im- partially, and according to the best of their r�l abilities ; said court shall then instruct said jury as to their duties and the law applicableI,; to the case, and deliver to them a copy of the resolution of the common council as filed in I said court, certified by the clerk thereof. ji Sec . 121. Each of said jurors shall go to I l the place of the intended improvement , and upon Jurors or as near as practicable to any property intended I ; to be taker, and described in said resolution, or ; as the case may be, which will be damaged or IiiCll benefitted if the intended improvement be made. l i ' Sec. 122. Said jury shall then ascertain the necessity for using the property intended to be To ascer- taken, if it be intended to take any for such im- Lain damages provement , the just damages and compensation to &c. be paid to the owner or owners of any property j Intended to be taken for, or that may be damaged by the intended improvement and award to the owner, or owners thereof, such damages and compen- sation as they shall deem just . If such property ;! ! shall be subject to a valid mortgage, lease, lien, I I levy or agreement , or to either, then said jury shall apportion and award to the owner or owners li of such property , the parties in interest to such ' !j mortgage, lease, lien} levy or agreement , or to 4j _. either of them, such portion of the damage and l compensation as they shall deem just . I ' Sec. 123. Said jury shall apportion and assess the total damages and compensation to be paid in lb. any case to and upon all lots of land, premises or i , subdivisions thereof, which will be benefitted if the Intended improvement be made , apportioning and ass- ession to and upon each, such portion of said total !I damages and compensation as they shall deem just; Provided however, That if the total damages and compensation to be awarded to any person or persons as above, shall exceed the total benefits to be ap- portioned to and assessed upon any property for the benefit such property will receive , then such excess shall be apportioned and assessed to the city of Lans ing. Ij Sec. 124. Said jury shall then make, in writing and each shall sign, a report to said court of their d'I Report doings, enclose the same in a sealed envelope, and file it in said court, within thirty days after they were sworn. i!I Sec. 125. Said jury shall state in their report jl' I lb. the just damages and compensation ascertained and k awarded by them to the owner of any private property, or to any person claiming an interest therein by virtue of an mortgage, lease lien levy or agree- ment , y g_.g > , y g ment , or either, to which such property may be subject I together with the name of such owner or claimant, if known, and a description_:of'_ the property intended to be taken. In case any damage and compensation , �T be awarded to any person claiming an interest in such property by virtue of any valid mortgage, lease, i, k lien, levy or agreement, or either, to which such property may be subject , it shall be sufficient to I �� state further, in such case, the name of such interes- ted art the date of such mortgage , lease lien party , � e I', levy or agreement or assignment thereof, if there h � l be any , by virtue of which such interested party has an interest in the property. intended to be taken. Sec. 126. Said jury shall also state in their report what portions in amount of the total ascer- , lb. tained damages and compensation they have appor- tioned to and assessed upon any lot, premises or subdivision thereof, which will be benefitted by the intended improvement , together with the names t of the owners thereof, if known, and a cescription of the same , and also what portion, if any , of the ascertained damages and compensation they have apportioned and assessed to the city of Lansing, in �„ l the case above provided for. "I ,l Sec. 127. Said report may be confirmed by said court at any time when said court may be regularly Court may in session; and the said court shall appoint some confirm day when it will consider said report, and object- I� the report. tions against the confirmation thereof or, the part fl of all persons interested therein, whereof the city I� < attorney shall give notice by publishing the same �, ! I� sr P P��m nwRn per published in said city for one i'kH week, and he shall file in said court an affidavit I of such publication before the time appointed for considering said report ; said objection shall be filed with the clerk, in writing, but may be argued, and the consideration of said report and objections may be adjourned from time to time until said report be confirmed or otherwise disposed of, as herein r , provided. Sec. 128. Said report shall not be annulled Report not for objections as to matters of form; all ob jec- to be annul- tions shall be objections of law, and to matters led for mat- of substance; but the damages and compensation ter of form. to be paid to any person, or the portions thereof apportioned to and assessed upon any lot of land, premises , or subdivision thereof , may be enquired Into , if objected to as being excessively large or small. Sec. 129. If no objections be filed, said re- port shall be confirmed; but if objections be filed, Objections said court, after considering the same , and after argument thereon, shall, in its discretion, confirm or annul said report , or may refer it back to the same jury , for the purpose of reviewing all matters and correcting all errors therein contained, and making any alterations thereof which said court may direct , or said jury may deem just or necessary , and thereon said jury shall review , correct or alter 1 said report, in manner aforesaid , and shall return 1 � and file the same with said court, within five days after said report was referred back to them as aforesaid , and thereupon said court shall confirm or annul said report. Sec. 130. If said report be annulled, or the I , jury cannot agree, or from death, sickness, or any Gftien a new other cause , shall fail to make a report within the jury may thirty days required above, the court may, on the be called. application of the attorney , designate some day when another jury may be had, and such jury shall be obtained, drawn, summoned, returned, bound to attend and serve , have the same qualifications, ;! be sworn, and when sworn have the same powers and f duties as the first jury ; the same proceedings, after they are sworn, shall be had by them, and by and in said court, as provided for above , after the first jury is sworn. Sec. 131. If any juror, after being sworn, shall Vacancies die or from sickness be unable to discharge his duties, the court may appoint another person to serve in his place, who shall be sworn, and shall � I have the like qualifications , powers and duties as those already sworn. Sec. 132. Any person to whom damages and eom- I , pensation may be awarded for any of his property Appeals intended to be taken or on account of the intended improvement, or to and upon whose property any i portion of such damages and compensation may be apportioned and assessed, considering himself aggrieved, may appeal from the judgement of the { s retarders court, by filirg_ ir� writing with the clerk of the said recorder' s court a notice of such appeal and specification of the errors c . complained of, within five days after the con- firmation, and serving within the same time a copy of said notice and specification of errors or, the attorney of the corporation, and filing a bond in said recorder' s court , to be approved by I, the recorder, conditioned for the prosecution of !� said appeal, and the payment of all costs that may be awarded against the appellant in case the judgment of the recorder' s court be affirmed. Sec. 133. In case of appeal as above, it lb. shall be the duty of the clerk of the recorder' s �I court forthwith , or as soon as practicable , to transmit to the supreme court a certified copy of all the proceedings in the case , which may IF: be filed in the office of any clerk of said li court. Sec. 134. The supreme court , at any term I!' thereof, shall , with the least practicable de- lb. lay, hear and try the matter of said appeal , and may affirm or reverse the judgment of the ,i recorder' s court confirming the report of the jury; but the same shall not be reversed for matter of form, nor for any errors except errors i I� of law, and only in regard to the appellant or app-ellants . The court shall give judgment for reasonable costs and expenses in the matter of 1�n {11, said appeal and proceedings thereon to be taxed � 'H i! and all costs and expenses awarded to the city of Lansing, in case of affirmation, shall be 4 applied on and deducted from the damages and �'aIkl1I compensation, if any, to be paid to the appel- lant or appellants. I' AH Set. 135. If there be a reversal for any errors which it is practicable for the recorder' s Errors court or said jury to correct, with due regard to the public interest and rights of individuals the proceedings shall be remanded to said recor- �,1j � der' s court, with direction, that such errors be corrected. Said recorder' s court, at any term j �� thereof, or (as the case may be) said jury , � f!� under the direction of said court, shall correct such error, and thereupon the report of the jury shall be confirmed by said recorder' s court with- out any further right of appeal. A I!i Sec. 136. In case of every annulment of the report of the jury by the recorder' s court , or t'roceed- reversal by the supreme court, the common council, I ings in in behalf of said city , may, by resolution, elect case of to pay the damages and compensation claimed by, � h !� annul- or the assessment made upon the property of the I�i� ment or objector, appellant or appellants, on filing a HIL reversal, certified copy of said resolution in the said recorder' s court, within twenty days after the N111h annulment or reversal, the report of said jury it shall be reviewed and confirmedi.by said recorder' s II£ court , as to all persons interested therein, ex- i !I -1 , ,,.+- aril.c - 9Y1d !4 without further right of appeal. If the common council do not elect as above provided, all the proceedings shall be had, except in a case of reversal, when the proceedings may have been remanded to the recorder' s court, for the cor- rection of certain errors , in which case such errors shall be corrected, and the report of the jury confirmed, as above provided. Sec. 137 . If the report of the jury be con- firmed by the recorder' s court , in any case above Confir- provided for, or if the judgment of confirmation rnat'n be affirmed, on appeal to the supreme court, such when confirmation shall be final and conclusive, as final to all persons interested therein; and the dama- ges and compensation apportioned to and assessed upon any lot of land , premises or subdivision there-" ; port, as confirmed, shall of, according to said re be a lien thereon from the time of the aforesaid confirmation, until they are paid and satisfied. Sec. 138. When the report of the jury shall Certifiedhave been thus finally confirmed, or the judgment copy to of confirmation affirmed by the supreme court, the be filed clerk of the recorder' s court shall prepare a certified copy, under the seal of the court, of the report of the jury as confirmed by the recorder''',!, court, and of the order of the court confirming the same , and shall file said certified copy in the office of the clerk of the city , who shall record the same in a book to be provided, used and ; ( i known as a book of street records. Such certified copy, record , or a like such copy made and certified , ( Ij by the clerk of the recorder ' s court , shall, 1n all I courts and places , be presumptive evidence of the matters therein contained, and of the regularity of all proceedings , from the commencement thereof to the order of the court confirming the report of the i'N:Hi 1 ' Jury - I ` Sec. 139. The amounts apportioned to and assess- ' } ' Warrants ed upon all lots of land, premises or subdivisions to be thereof, for the benefits they will receive, shall issued. be paid to the treasurer of said city, in case of confirmation of the report of the jury as above provided, or in case the judgment of confirmation 4 be affirmed by the supreme court , and warrant or warrants authorizing the collection thereof shall be issued as soon as practicable, under the hand of the mayor and the corporate seal of the city , directed to the treasurer thereof, and in the collection of such assessments the said treasurer I ,' shall proceed in the same manner, and shall levy, collect , make return to the city clerk of the sums l ; remaining uncollected, with a description of the lots premises or subdivisions, or parts or por- tions thereof, upon which such tax was assessed, and which remains unpaid:las aforesaid, and the 11HH city clerk shall report the same to the alderman acting as the supervisor, or the aldermen acting v as the supervisors of the ward, or of the several wards within which said premises are situated, and I t the said alderman acting as supervisor shall assess ¢ the same upon his assessment and tax roll upon - such gremises, and the same shall be thereupon collected and returned, and the same proceedings had for the collection and return thereof, and for the sale of such premises for the non-payment of such assessment and the charges accruing there- on, as is provided by this act ire the case of the collection of assessments made for public improve- ments in said city. Sec. 140. Within three months after the con- firmation of the report of the jury, or after the Damages judgment of confirmation shall, on appeal , be and com- affirmed, the common council shall pay or tender pensation to the rspective persons the several amounts of damages and compensation awarded to them, accord- ing to the report of the jury as confirmed or elected as above provided for , to be paid by the common council; and in case any such person shall refuse the same, be unknown, or a non-resident of said city, or for any reason incapacitated from receiving his or her amount, or the right thereto be disputed Or doubtful, the common council may deposit the amount awarded in such case , or elected to be paid by the common council, in the treasury of the city , to the credit of any person entitled thereto, and shall , on demand, pay the same over to any :I 'E person or persons competent and entitled to j , receive it , and the treasurer shall take re- ceipt and voucher therefor. Sec. 141. Upon such payment , tender or de- %IIjII r osit in the city treasury, the fee and owner- {� 1� 1 ship of the land and property to be taken, with li�!! j its appurtenances , shall be fully vested in the Council said city and the common council may eater upon may then and take possession of and convert the same to take po- the uses and purposes for which it has been r C� ssession taken. A certificate of the city treasurer of such tender, payment or deposit , or record Ii ! thereof in the books of street records , or certified copy of such record, shall in all courts and places be presumptive evidence of the facts therein stated of the vesting of the fee of the property taken in the city and of the right of the common council to take possession of and,-�conaei�t the same to the uses for which I it has been taker. _id id ;E, Sec. 142. In all cases where any real es- tate , subject to any lease or agreement , shall I ' be taken as aforesaid, all the covenants and Leases stipulations contained therein shall cease, to be determine, and be discharged, upon the final dischar- confirmation of the report of the jury , or upon I j ged. the confirmation. If a part only of such real II estate be taken, said covenants and stipulations shall cease, determine and be discharged, only as i to such part; and the court, on application of any party in interest to such lease or agreement and after a notice thereof of eight days, in sip writing to the other parties in interest may �ff l t� appoint three disinterested residents and free- holders of said city , commissioners to determine the rents and payments to be thereafter paid, and the covenants, stipulations , or conditions thereafter to be performed under the lease or agreement, in respect to the residue or part of such real estate not taken. Said commissioners shall , before entering on their duties, take and subscribe an oath, to be administered by ' the court , faithfully to discharge their duties , which oath shall be filed in said court. Said three commissioners shall make and sign a report , in writing, of their doings to said court , which shall be filed therein within thirty days after their appointment; and said report , on being confirmed by the court, shall be binding and conclusive on the parties in interest to such lease or agreement, and the fees and expenses of proceedings under this section shall be borne I� ', l', in whole or in part by the parties to such lease or agreement or either of them, or by the city , in the discretion of the common council. Sec. 143. The duties above to be performed Constables by the marshal of said city , in case of the in- to act in ability of such marshal , whether by absence, sick- the inabit_ness, or interest in the subject matter of the I ity of the proceedings may be performed by either of the marshal. constables of said city. Sec. 144. The common council shall pay said !T ! jury such compensation for their services as i��I Compensa- they may deem just, and they shall have power to �<< tion of abandon or discontinue proceedings under this jury. chapter in said court, at any time before the Ij final confirmation of the report of the jury . 1, Sec. 145. The common council shall be Comm- issioners of highways for said city , and shall Corni.ssion have the care and supervision of the highways, Ol ers of streets , bridges, lanes , alleys, parks and public 111 highways. grounds therein not belonging to or occupied by ;lip the State; and it shall be their duty to give iIi directions for the repairing, preserving, im- proving, cleansing and securing of such highways bridges, lanes, alleys, parks and public grounds , ! and to cause the same to be repaired, cleansed, " ! improved and secured, from time to time , as may ;l be necessary; to regulate the roads, streets, high- ways , lanes, parks and alleys already laid out, I 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 � IH� or more as public highways and streets, and which are not sufficiently described, or have not been duly recorded, to be ascertained, described, and recorded in the office of the city clerk of said city , in the book of street records ; and the re- l cording of such highways, streets , lanes , alleys Lt1t or public grounds, so ascertained and described or which shall hereafter be laid out and established I;' ;t by the said common council , and recorded in the i book of street records, in the office of the clerk by order of the common council, shall be presump- tive evidence of the existence of such highway, street lane alley, or public ground therein des- cribed; to divide said city from time to time, Into so many highway districts as they shall deem expedient, by an ordinance or resolution, entered in their minutes ; to appoint and assign to each I , of such districts so many inspectors of streets as they shall from time to time deem proper , and such inspectors shall in all cases , when required by the common council , give such securities as said council shall require , for the faithful per- formance of their duties; and the council , may , assign to Su6h inspectors such" duties in relation to the opening, laying out , making, repairing and preserving the streets, highways , lanes , alleys, parks, squares and public grounds of said city , as they may deem expedient ; and the said inspectors shall possess all the powers, and be subject to all the liabilities, of overseers of highways in the I; several townships of the State , so far as the same may be applicable to said city under the provisions of this act. Sec. 146. The common council shall have power to cause common sewers, drains and vaults, arches I , Sewers, btnd bridges, wells, pumps and reservoirs to be &C. built in any part of said city ; to cause the grad- ing, raising, leveling, repairing, amending, paving or covering with broken or pounded stone, plank or other material , any street , lane, alley , high- way, public g wa round or Side-walk of said city. Sec. 147. The common council shall have the same power in relation to discontinuing any street, kid' 4 Discontinhighway, lane or alley, in said city, which the uing st- commissioners of highways in townships have or ! ' rests. may hereafter receive in relation to town high- !' ways , and they may adopt the same proceedings to effect such object as near as may be as the commissioners of highways in townships are or I!4! may be by law required to adopt , and appeals j may be taken to the circuit court for the county of Ingham in like manner, as far as practicable , as appeals are now or may hereafter by law be ,% taken from the decisions of highway commissioners in townships, and the said circuit court is here- by authorized and empowered to hear and determine appeals. Sec. 148. Whenever the common Council shall determine that.: the.:whole--or anjr -part of the ex- i! Assess- pense of any public improvement not requiring menu to the taking of any land by said city , shall be defray defrayed by an assessment on the owners or occu- expenses pants of houses and lands to be benefitted thereby of public they shall declare the same by an entry in their improve- minutes, and after ascertaining, as they may think 1 1 ment. proper, the estimated expense of such improvement, ; they shall declare by an entry in their minutes ; 1 whether the whole or what portion thereof shall dil !1 be assessed to such owners and occupants , specifying the sum to be assessed, and the portion of the city which they deem to be bene- fitted by such improvement; the costs and the expenses of making the estimates, plans and assessments incidental thereto, shall be in- cluded in the estimated expenses of such improve- ment. Sec. 149. The common council shall thereupon make an order reciting the public improvement so lb. as aforesaid intended to be made , the amount of expense to be assessed as aforesaid, and the portion or part of the city on which the same is to be assessed, designating and directing three resident freeholders of said city , not interested in any of the property so benefitted, nor of kin to any per- son interested, to make an assessment upon all the owners and occupants of lands and houses within the portion or part so designated, of the amount of expense in proportion as nearly as may be to the advantage which each shall be deemed to acquire by making of such improvements; which order shall be certified by the clerk of the city and delivered to one of said commissioners, together with a map or profile of the proposed improvement in cases where the same is practicable. See. 150. It shall be the duty of said commis- inners, so designated and appointed by the common council , to meet together at such time and place as Duty the common council shall appoint , or in case said of council do not so appoint, as said commissioners ;P Comm- shall themselves agree upon, and thereupon said !Iiil fission commissioners shall severally take and subscribe ] t ers. an oath before some officer by law authorized to ,l administer the same , that they are not interested In the premises described in said order, and not of kin to any person so interested, and that they will faithfully and impartially discharge the duty imposed upon them by said order, which said oath Ti shall forthwith be returned and filed with the city clerk. In case any such commissioner shall not be able to take such oath, the city clerk „ shall forthwith return that fact to the common council, and the said council shall thereupon appoint one or more commissioners not interested and not of kin, as aforesaid, to make the number three, and proceed in like manner until three commissioners are sworn, as aforesaid. + G Sec;:_ 151. The commissioners thus sworn shall proceed to make an assessment according to the I lb• said order, and shall make out an assessment roll, I in which shall be entered the names of the per- sons assessed, the value of the property for which they are assessed, the amount assessed to each iI of them respectively, and in case any lots or parts of lots shall be unoccupied, belonging to any per- son residing in the said city , such person shall be assessed for the same , and his name entered accordingly; and in case such lots or parts of ,Jli lots shall belong to a non-resident , or owner or E owners unknown, the same shall be entered ac- cordingly , with a description of such lots or premises, as is required by law in assessment rolls made by supervisors of towns, with the value thereof and the amount assessed thereon, which assessment shall be subscribed by them or a majority of them, who acted in the pre- mises, and returned as speedily as may be to the common council of the said city. The s Sec. 152. T said commissioners shall re- Compen- ceive such compensation for their services as sation shall be allowed them by the common council, to be paid out of the contingent fund of the said city, not exceeding two dollars per day for each. I , Sec. 1S3. Upon such return being made and Publi- filed, the clerk of the city shall cause notice cation of the names being returned to his office to be published in a newspaper of the said city for at least ter, days, and that the common council will, on such day as they shall appoint , pro- ceed to hear any appeals from the said assess- ment. Sec.. 154,E At the day appointed for that purpose, and such other days as the 'nearing shall Council be adjourned to, the common council shall hear to exam- the allegations and proofs of all persons who may complain of such assessment, and may rectify assess- and amend the said assessment list in whole or ment in part , or may set the same aside and direct jjl Il j It a new assessment, either by the same persons , 111 or by such other persons as the common council ., I. shall appoint for that purpose; and in such case the same proceedings shall be had as are are herein provided upon the first order of dI HT the assessment, or the said common council may ratify and confirm such assessment without any corrections , or with such corrections thereini as they may think proper. ' jl�ill See. 155. Every assessment so ratified and confirmed by the common council, as aforesaid, tdhen con-Shall be final and conclusive, and the same firmed shall remain and continue a lien upon the pre- I I assess- raises assessed for such tax. Within ten days ment to after such assessment shall have been so rati- Ii ;I be finalfied, the mayor shall affix to such assessment and tax roll his warrant for the collection thereof; which warrant shall direct the treasurer to collect the same within the time prescribed by the resolution of the common council ; and the said assessment and tax roll, with the warrant of the mayor annexed, shall be delivered to said treasurer, within the ter, days aforesaid who shall thereupon be authorized to levy and i � collect the same by distress and sale of any '�M I' personal property upon such premises , or in possession of the person chargeable with such tax; and in case sufficient personal propertyj' cannot be found whereon to levy and collect such tax, the treasurer shall within five days I after the time prescribed by his said warrant for the collection thereof has expired, make a report to the city clerk of the sums so re- maining unpaid, which he was unable , for want of such personal property , to levy and collect of the same , together with the description of the premises assessed for such unpaid taxes ; and the city clerk, within five days thereafter shall in.!.like manner notify the alderman acting as the supervisor of the proper ward or wards within which such premises are situate, of the amount of such taxes and the description of the premises are situate , of the amount of such ! , taxes and the description of the premises assessed and chargeable with such tax, who shall assess such unpaid taxes on such premises in the tax roll of such ward next thereafter to be made, and such tax shall then be levied, collected and returned, and the said premises may be sold or forfeited for non-payment thereof, as pro- vided by law for the nonpayment of the ordinary city taxes . Sec. 156.. In cases where there is no agree- ment to the contrary , the owner or landlord, and Owners to not the occupant or tenant , shall be deemed in be liable law the person who ought to bear and pay every such assessment, made for the expense of any public improvement in the said city. Sec. 157. there any such assessment shall be made upon or paid. by any person, when by H lip Recovery agreement or by law the same ought to be borne or paid by any other person, it shall be lawful for the one so paying to sue for and recover of the person bound to pay the same the amount so m paid , with interest. Sec. 158. Nothing herein contained shall im- Agreements pair, or in any way affect , any agreement between not to be nt , or other persons , res- any landlord and tena impaired pecting the payment of any such assessments. Sec. 159. If, upon completion of any such im- provement , for which such assessment shall have ` f excess to been made , it shall appear that a greater amount be refun- has been assessed and collected than is necessary ded. to defray the expenses thereof, the common council shall apportion such excess among the persons and Ali property assessed, in proportion to the amount collected of them, and shall pay the same to such I ! persons , and the owner of such property entitled thereto, on demand. II Sec. 160. If it shall appear that a greater '! sum of money has been expended, in the completion ' Re-assess- of such improvement, than was estimated as afore- ment when said, the common council may direct the assess= made. ment of the same on the owners and occupants of , + it houses and lands benefitted by such improvements, in the same manner as herein above directed and the same proceedings , in all respectd, shall be had thereon, and the common council may enlarge the territory to be assessed for such improve- ments . Sec. 161. Every tax or assessment for public Assess= improvements , or for other purposes, authorized ments to by this act, except as herein otherwise provided, be a lien. assessed upon any lands, tenements, or real estate, or upon the owners or occupants thereof, shall be and remain a lien upon such lands , tenements and real estate, on which, or in respect to which the same shall be made, from the time of filing the roll containing the same with the city clerk, until the same shall be paid or satisfied. � { Sec. 162. Whenever the common council shall Side-walks deem it expedient to construct any side-walk or pavement, or plank any street within the said paving, &c city, they may , by ordinance or otherwise, re- quire the owner or occupant of any lot or house adjoining such street to lay such side-walk, or construct such pavement, or plank such street, to the middle of the said street, in front of his or her lot or house; or they may direct such side-walks and pavements, and such streets , to be planked, to be made according to the pro- visions of this act. The common council may , in like manner, by ordinance or otherwise , under such penalty or penalties as they may prescribe , l require the owners and occupants, or either, of land in said city , or in any specified part thereof, to repair, maintain and re-construct sidewalks , pavements and street improvements adjoining their respective premises, to the 1� vi �i� middle of the street or alley , in such manner as the common council, by ordinance or other- Dill; wise, may direct; the expense to which any occupant or tenant may be thus subjected, may 11 be collected by him from the owner of the pre- mises unless otherwise agreed, or unless such tenant or occupant be bound to bear such expense 11:1 by the terms or nature of the agreement under which he holds the premises . j See. 163. Whenever the owner or occupant Council of any lot or house shall refuse or neglect within such time as the common council shall may enfor- have appointed, to conform to any regulation a ce regula- made by the said council for widening streets, Lions. or for any other purpose, it shall be lawful I for the said common council to cause such regulations to be enforced at the expense of j the city , and to recover the amount of such �I expenses with damages, at the rate of ten per cent , with costs of suit , from the owner or occupant of such lot or house, whose duty it was to conform to such regulation. Sec. 164. The common council are authorized to assess the lands of non-residents of said Non-Resid city their just proportion of expenses of clean- ts. ing and repairing streets and side-walks, and I i; removing nuisances, and the said expenses shall I _ _ ___._a 4- +-1— comn mannt�r aYnA the amount I� 7 so assessed shall be collected in the same manner, and the same proceedings shall be ; . had in case of the non-payment of the same, as in relation to the assessments for public improvements in said city, except as the common council may otherwise determine or direct. It shall in all cases be the duty of the owner of every lot or parcel of land in said city, to keep the side-walk adjoining his lot or piece of land in good repair, and also to remove and clear away all snow and ice and other obstructions from the side-walk. If any owner, after notice so to do shall have been posted on the premises, or otherwise given, served or published, as the common council may j direct by ordinance, resolution or otherwise, shall fail or neglect so to do, for such time not less than twenty-four hours, as the common j council by a general or special ordinance, reso- lution or otherwise may fix, the common council may cause the same to be done at the expense of the city , and may add such expense (not exceeding �V ten dollars on any lot or piece of land in any year) to the amount of the general city tax on such land, in the next general assessment rolls of said city , and such amount so added shall be a lien on the premises in the same manner as the tax to which it is added, and may be collected and enforced, and (if not paid or collected) the land sold therefor, in the same manner as iI for general city taxes. I 1 Ij See. 165. Every person owning or occupying Highway land or tenements in the said city , and every taxes. male inhabitant thereof over the age of twenty- one years and under the age of fifty, except ; , ? as hereinafter provided, residing in said city ' shall be assessed for highway taxes in said city ; and the lands and tenements of non residents situated in said city shall be assessed for highway taxes as hereinafter provided. { i, l See. 166. The alderman acting as supervisor Es i Aldermen of each ward of said city , shall, on or before 1 to furnish the fifteenth of May , in each year, furnish the 11 I lists. common council with a list subscribed by him, M of the names of all the inhabitants of his ward who are liable to be assessed for highway taxes. I Sec. 167. The common council shall, in the in Tax rolls month of May in each year, make out from the assessment rolls in said city a separate list and statement of the value,A5f all the taxable personal property, and a description of all lots ill or parcels of land within each highway district In said city , inserting in a separate part of said list , descriptions of lands and tenements owned by non-residents of the city, with the value of each lot or parcel set down opposite 1I to such description, as the same shall appear � on the assessment rolls; and if such lot or tract was not separately described in such rolls, then in proportion to the valuation which shall have beer, affixed to the whole tract of which such lot or parcel forms a part. Sec. 168. In making the estimate and assess- Estimatesment of highway taxes, the common council shall of high- proceed as follows: way taxes. First. Every male inhabitant in each ward, being of the age of twenty-one and under fifty, Males except paupers , Idiots and lunatics , and other between persons exempt by law from taxation for high - 21 and way- purposes fihehresidue assessed hififty hwaycents; taxes 50. Second. g shall be assessed, not exceeding ten cents up- on every one hundred dollars of the valuation. Five per shall be apportioned upon the estate, real and cent on Personal, of every inhabitant in each highway district in said city, and upon each of the valua- tion. tracts or parcels of land in the respective i highway districts of which the nwners are non- residents, as the same shall appear from the assessment roll; Third. The common council shall affix to Fifty the name of each person named in the list fur- cents niched by the supervisors, and not assessed to be upon the assessment roll, and also to each added to valuation of property within the several high- lists way districts, the amount of which such person furnishedar property shall be assessed for highway taxes, by adding fifty cents to the assessment of each alder- person between the age of twenty-one and fifty men. years, liable to such assessment upon the city assessment roll. i Sec. 169. The said tax list shall be made Ili; or, in duplicates and signed by the ma Y , one of Lists which shall be filed with the city clerk, and €' the other shall be put into the hands of the jto be ' +, filed. treasurer for collection, who shall, before receiving the same, give such security as the I common council may require for the faithful discharge of his duties. Sec. 170. Whenever the said tax list shall Collec- have been delivered to the treasurer with the tion warrant of the supervisor annexed for collet- � ? Lion, he shall give like notice, and proceed In like manner, as near as may be, to collect 'k said tax, as hereinbefore provided, for the collection of the ordinary taxes of said city. Sec. 171. The taxes assessed and collected in each ward shall be kept separate, and when Taxes collected the treasurer shall enter the res- to be pective amounts so paid in a book to be kept credited by him for that purpose, to the credit of the 1 to the ward from which they were collected. several wards. S !I` ec. 172. The moneys so collected and paid Highway into the treasury, as aforesaid, shall consti- funds. tute the highway fund of said ward districts I � In said city, and shall be applied as follows: i First. The street inspectors of the several rl ' ward districts, under the general supervision Street of the marshal, shall at all times keep the inspec- streets, bridges, culverts and drains allotted tors to them to oversee, In thorough repair and free from obstructions; they shall report on oath to the common council, once In each month, which report shall contain an accurate state- ment of the amount of labor performed and the expense necessarily incurred for material , and the streets upon which the same was per- "!' I formed, or expense incurred, and their charges for the same; Second. The common council shall examine such � ! Report report, and if satisfied of its correctness, and p that the charges therein made are just and rea- sonable, they shall accept it and order it filed j but If they are satisfied that it is incorrect, or that the charges therein are unreasonable, they shall alter the same as they think proper, Ij and shall allow such charges as they shall deem ,just and equitable; they shall then let said report lay upon the table one week, and if not withdrawn by the inspector, by filing a notice In writing to that effect with the city clerk in that time, they shall accept it and order It filed as corrected by them; Third. When any such report is filed, the Mayor to mayor shall draw an order upon the highway fund Ili draw an of the district in which the repairs were made, order. to the amount of such charge in said report, ! to said in payable spectar, which order shall be countersigned by the auditor, and upon present- ment the city treasurer shall pay from the funds of such district, if there be any money in the treasury belonging to such district, and enter the same to the debit of the fund of such dis- trict in a book to be kept by him for that purpose; Money of one Fourth. No money belonging to one ward dis- ward not to be trict shall be applied in payment for repairs !j applied to made in any other ward district. another Sec. 173. The books. kept by the city trews- 1 Treasurer's urer in which the debts and credits of the high- books dray funds are entered, shall be open at all rea- sonable hours to the inspection of members of the i ! common council. Sec. 174. The common council shall have full Sewer power to assess and collect of each individual tax. using or being benefitted by any public sewer i or drain, as follows, to wit: The sum of one dollar and fifty cents annually for each cellar Ali drained, directly or indirectly by a drain, into any public drain or sewer, which assessmentII shall be taken to Include all other drainage of the premises to which said cellar especially belongs; and the sum of fifty cents annually ' for each lot or subdivision of lot, being with- out a cellar, drained as aforesaid Into any public drain or sewer; and such sums as may be fixed by the common council for all establish- ments requiring an unusual or extraordinary jj amount of drainage, drained as aforesaid; which j sums, when collected, shall constitute the sewer fund , and shall be expended exclusively for the repair and construction of sewers, and the collec- tion of the charges to individuals for drainage In this section provided, shall be enforced in such manner as the common council may by ordin- ance direct. I ; Sec. 175. When any assessment for public im- provements, or for any local improvements, or Assessm'nts expenses upon any ward, district , street , lane, to be alien alley, public sewer, or other improvement shall have been made, as in this act provided, and the ;, j tax roll for the same shall have been delivered to the treasurer for collection, the same shall be a lien upon the premises upon which the same was assessed, and the treasurer collecting such Ili tax shall levy and collect the same of any per- sonal property found on the premises so assessed or in possession of that person chargeable with such tax, and in case sufficient personal property � I shall not be found, to levy and collect the same l � the treasurer shall make return to the city clerk of the sums so remaining uncollected by him, with a description of the lots or parcels upon which such tax was assessed, and which remains unpaid as aforesaid; and thereupon the city clerk shall report the same to the alderman acting as the ; I �1 supervisor, or the aldermen acting as the super- � ! visors of the several wards within which such � ( premises are situated, and there upon the said alderman acting as the supervisor, shall assess the same upon his assessment and tax roll upon such premises, and the same shall be thereupon collected and returned, and the same proceedings had for the collection and return thereof, and for the sale or forfeiture of such premises for the non-payment of such tax, as is provided by law for the collection, return, and sale or forfeiture of premises for non-payment of the Vill ordinary city taxes. ! f Sec. 176. When the treasurer shall have i levied upon any personal property for the non- I ! Sale of payment of any tax or assessment, in this act a i� property provided he shall proceed to advertise and sell I the same, in the same manner and upon like no- tice as is required by law in the levy and sale 44 of personal property for non-payment of taxes by � I' township treasurers. Sec. 177. For the purpose of gurading against the calamities of fire the common council may !� Fire limits from time to time by ordinance designate such I� portions and parts of the said city as they I shall think proper, within which no buildings of wood shall be erected; and may regulate and direct the erection of buildings within such ` portions and parts and the size and materials " 'I thereof, and the size of the chimneys therein and every person who shall violate any such ordinance or regulation shall forfeit to the 11 177- city the sum of one hundred dollars; and every building erected contrary to such or- dinance is hereby declared to be a common nuisance and may be abated and removed by such common council. Sec. 178. The common council may, by ordin- ance, require the owners and occupants of Fire regula- houses and other buildings to have scuttles tions on the roofs of such houses and buildings, and stairs or ladders leading to the same; and whenever any penalty shall have been re- covered against the owner or occupant of any house or other building for not complying with such ordinance the common council may at the expiration of twenty days after such recovery, cause such scuttles and stairs or ladders to be constructed, and may recover the expense thereof, with ten per cent, In addition, of the owner or occupant whose duty it was to comply with such ordinance. See. 179. The common council may by 1b. ordinance, reauire the inhabitants of the city to provide such and so many fire buckets for each house or tenement therein, and within such time as they shall prescribe, and may re- quire such buckets to be produced at every fire. See. 180. The common council may regulate Fire regula- ruction of safe deposits for and direct the construction lj� I I tions. 1 the clearing of chimneys, IT 11 ashes, and may compel 1, Ft flues stovepipes, and all other conductors of smoke, and upon the neglect of the owner or se tenement, or building Jr, 1 i occupant of any hou of any description, having therein any chimneys flues, stovepipes or other conductors of smoke, to clean the same, as shall have been directed by any ordinance the common council may cause the same to be cleansed, and may collect the expenses thereof, and ten per cent, In addition, from the owner or occupant whose duty it was to have the same cleaned. Sec. 181. The common council may regulate the use of lights and candles in livery stables 1b. and other buildings in which combustible articles may be deposited, and may prescribe the use of lanterns or safety lamps In such buildings, and may regulate the transporting, keeping and de- posit of gunpowder or other dangerous or combus- tible materials , and may prevent or regulate the carrying on of manufactories dangerous in causing or promoting fires, and may authorize and direct the removal of any hearth , fireplace, stovepipe , AH flue, chimney , or other conductor of smoke, or any other apparatus or device In which any fire may be used, or to which fire may be applied, and liable that shall be considered dangerous to cause and promote fires , and generally may adopt,-,.such other regulations for the preventionIl and suppression of fires , as they may deem necess- A arv. Sec. 182. For the purpose of enforcing such regulations the common council may authorize any Examinatiln of the officers of the said cityq and may appoint of premises persons at all reasonable times, to enter into and examine all dwelling houses, buildings and tenen- ments of every description, and all lots, yards and enclosures, and to cause such as are dangerous , to be put in safe condition; and may authorize such officers and persons to Inspect all hearths, fireplaces, stoves, pipes, flues, chimneys or other conductors of smoke, or any apparatus or device in wh Ich fire may be used, or to which fire may be applied , and remove and make the same safe, at the expense of the owners or J ! 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 build- ing in respect to its exposure to fire, and whether scuttles and ladders thereto have been provided, and generally with such powers and duties as the common council shall deem necessary to guard the city from the calamities of fire. is See. 183. The common council may procure, own, build, erect and keep In repair, such and Fire appara- so many fire engines with their hose and other tus. apparatus, engine houses , ladders, fire-hooks and fire-buckets, and other implements and con- veniences for the extinguishment of fires, and ;1J t to prevent injuries by fire , and such and so many public cisterns, wells, reservoirs of water, as they from time to time shall judge necessary. Sec. 184. The common council shall have power to organize said city into so many fire districts Fire depart- as they may deem necessary., and may organize and , ment. maintain a fire department for said city, to con- sist of one chief engineer, two assistant engin- 11 eers, 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 appoint- ment during the pleasure of the common council. See. 185. The common council may make rules and regulations for the government of the said Its govern- engineers, wardens, firemen, hook and ladder men, ment. 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 au- thority, to be worn by them; may prescribe and jt regulate the time and manner of their exercise and may impose reasonable fines for the breach of any such regulations. See. 186. The engineers and fire wardens, under the direction of the common council, shall Its govern- have the custody and general superintendence of the fire engines , engine houses, hooks, ladders, IA I ment. 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 exting- uishment of fires, are duly executed and to make detailed and particular reports of the state of their department, and of the conduct of the fire- men, 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 beer, a fireman, shall be evidence of the facts in all courts and places , on proof of J the genuineness of such certificate. Sec. 187.The common council may, by ordinance, Ringing of direct the manner in which the bells of the city bells shall be tolled or rung in cases of fire or alarms of fire, and may impose penalties for ringing or tolling of such bells in such manner at any other l ! time than during a fire or alarm of fire. See. 188. The common Council may provide Compensa- suitable compensation for any injury that any tion. fireman, hook and ladderman, or tub and hoseman, may receive, in his person or property, in con- sequence of his exertions at any fire . Sec. 189. The common council may, by ordinance l Common Council First. Prescribe the duties and powers of the may prescribe engineers and wardens at fires and in cases of the duties alarms of fire, and may vest in them such powers of firemen. as shall be deemed necessary to preserve property from being stolen, and to extinguish and prevent ;z, l fires; Duties of Second. Prescribe the powers and duties of the mayor and Mayor and aldermen at such fires and in cases of alarm, but in no case shall the mayor or any aldermen. J [ alderman control or direct the chief engineer $. or his assistants, during any fire; ` Third Provide for the removal and keeping ] Removal of � i disorderly away from such fires of all idle, disorderly or j persons. suspicious persons , and may confer powers for that purpose on the engineers, firewardens or �! officers of the city ; i The duty of Fourth. Provide for compelling persons to citizens bring their firebuckets to any place of fire, at fires and to aid in the extinguishment thereof by forming lines or ranks for the purpose ofi carrying water, and by all proper means to aid in the preservation, removal and securing 41 of property exposed to danger by fire; All Fifth. To compel the marshal, constables and ;1 The duty watchmen of the city , to be present at such fires f of officers and to perform such duties as the said common council shall prescribe. i See. 190. Whenever any person shall refuse to obey any lawful order of any engineer, fire- Refusal to warden, mayor or alderman at any fire, it shall obey orders be lawful for the officer giving such order, to arrest or to direct orally any constable, watch- man, or any citizen, to arrest such person and confine him temporarily in any safe place, until such fire shall be extinguished, and in the same manner such officers, or any of them, may arrest or direct the arrest and confinement of any person at such fire , who shall be intoxicated or disor- derly. See. 191. Whenever any building In said city shall be on fire, It shall be the duty , and be Buildings to lawful for the chief engineer, with the consent be torn of the mayor, or any alderman, or any two alder- down. men to order and direct such building, or any other building which they may deem hazardous, and likely to communicate fire to other buildings, or any part of such building, to be pulled down and destroyed, and no action shall be maintained against any person or against the said city therefor; but any person Interested in any such building so destroyed or Injured, may, within three months thereafter, apply to the common council to assess and pay the damages he has sustained. At the expiration of the three months, if any such application shall have been made in writing, the common council shall either pay to the said claimant such sum as shall be agreed upon by them and the said claimant for such damages, or if no such agreement shall be effected, shall proceed to ascertain the amount of such damages, and shall provide for the app raisal assessment, collection and payment of the same in the same manner as Is provided by this act, for the ascertain went , assessment, collec- tion and payment of damages sustained by the taking of lands for purposes of public Improve- ment. See. 192. The commissioners appointed to appraise and assess the damages Incurred by the said claimant by the pulling down or destruc- Assessment tion of such building by the direction of the of dagames city , as above provided said officers of the $ shall take into account the probability of the same having been destroyed or injured by fire if it had not been so pulled down dnd 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 pro- ceedings for appraising and assessing the damages a compliance with the terms thereof by the common council shall be deemed a full satisfaction of all said damages of the said claimant. Sec. 193. The directors of the poor elected yin said city, as here inbefore provided; shall Directors be directors of the poor of said city, and shall of the poor. possess all the powers and authority of directors of the poor of towns in this State, in relation to the support and relief of indigent persons , the binding out of children who shall solicit alms, or who, or whose parents, shall become chargeable to the said city , or to the county of Ingham, in said city ; the safe keeping and care of lunatics ; the care of habitual drunk- ards; the binding out and contracting for the service of disorderly persons ; the support of bastards ; and all such other powers as are con- ferred on directors of the poor in the respec- tive towns, and shall be subject to the same duties obligations and liabilities. 1 See. 194. Until provisions shall otherwise Poor be made as hereinafter authorized, the indigent persons, and such others as shall be entitled to relief under the laws of this State, who are or shall become chargeable to the said city , being In the said city , shall continue to be supported and relieved in the manner provided by law in respect to the county of Ingham. Sec. 195. All money that shall be raised in the city by licenses to grocers, tavern-keepers Poor fund, or common victualers, and for penalties for the violation of any city ordinances regulating the retailing of any spirituous liquors, shall be paid into the city treasury, and shall belong is to and constitute a part of the fund of the city for the support of the poor therein, and shall be deposited for safe keeping by the treasurer as other moneys under his care; and accounts thereof shall be kept, and the same shall be drawn, in the manner hereinbefore prescribed in relation to the funds of the city . Sec. 196, The recorder shall have full Recorder's power and authority to hold and keep a court court, which shall and is hereby deolared to be a court of record, and known in law as and by the name -,: 1 of "the recorder' s court of the city of Lansing, " and shall have an appropirate seal, which shall be provided by the recorder, and kept by the clerk thereof, who shall keep a record of the proceedings of the said court. s : Sec. 197. The clerk of the city of Lansing shall b virtue of his office as such be the Clerk. y clerk of said recorder' s court, and may appoint a deputy, who shall be authorized to perform all the duties of the clerk of said court in case of the absence or inability of said clerk, and who shall be subject to all the liabilities of such clerk. i jl li 1� f7l See. 198. The jurisdiction of said recorder' s court, In addition to that by this act otherwise conferred, shall extend to, and said court shall Jurisdic- have original and exclusive jurisdiction, and tion. shall have power to hear, try and determine all civil actions atiting In said city wherein said city , in Its corporate capacity , shall be a party or any city or ward officer, In his official character, shall be a party; all charges, com- plaints, actions and presecutions, for the re- covery of any and all forfeitures and penalties for alleged violations or infringements of the acts of the Legislature of this State Incorpora- ting said city , except in cases where jurisdic- tion Is especially given to some other court; P all actions for alleged breaches or violations of any of the bylaws or ordinances of said city, except in cases where, by such by-law or ordin- ance, jurisdiction is especially given to some other court, and all actions for encroachments upon or injury to any of the streets, lanes, alleys, bridges, parks, or other public Improve- ments of said city; and concurrent jurisdiction in all actions wherein the title to lands shall come in auestion, wherein the said city, or any city or ward officer, as such, shall be a party* and said court shall also have exclusive appellate jurisdiction of all actions brought before jus- tices of the peace to recover forfeitures or i,, penalties for alleged violations of any ordinances of said city, or violations of this act, for the violation of which, by said ordinance or by this Ufl� act, such justice of the peace has cognizance. Sec. 199. Whenever either party shall demand that the cause be tried by a jury before the trial Jury thereof shall have been commenced, and shall pay trials the sum of three dollars to the clerk of said court , the recorder shall direct the marshal or any constable of said city In attendance to make a list of names of twenty-four citizens, who shall be residents of said city, having the qualification of jurors in circuit courts of this State , from which list the plaintiff and defendant shall alternately strike out one until each shall have struck out six names; the person demanding the jury shall first strike out; and in case the said city'...shall be a party, the city attorney shall strike on behalf of said city; '� �i if either party refuse to strike out, then the J clerk shall do so In his stead under the direc- tion of the court; and the remaining names shall constitute the jury. When no jury Is demanded, the cause shall be tried by the recorder. Sec. 200. The Clerk, when such jury fee shall be paid, shall thereupon Issue a venire, directed Jury. to the marshal or any constable of said city, commanding such officer to summons such persons named in the venire to attend said court at a time or place therein specified, to serve as jurors. Sec. 201. Any juror summoned as aforesaid lb. who shall neglect or refuse to attend at the time and place named in such venire, shall be liable to a fine of not less than one nor than ter, dollars and costs, and may be brought before the court for that purpose by attachment issued under the seal of said court, tested by the recorder and signed by the clerk, but no such fine shall be imposed after the period of thirty days from the time he became liable as aforesaid. Sec. 202. Every juror serving in any cause II lb. tried in said court shall be entitled to receive the same fees as jurors in the circuit court for similar services. l Sec. 203. The officer shall In all cases, II 3 lb. before making out such list of names for jurors be sworn to make such list without favor or partiality to either party, and in case any juror of the jury so summoned shall neglect or refuse to attend or cannot be found after dili- gent search and inquiry in said city , talesmen may be summoned from the inhabitants of said city , as in other courts of record. See. 204. The recorder' s court shall be held Terms on the second Monday of each month, and the terms of said court may be continued until the business is disposed of; and special sessions may be held Ij as often as may be deemed necessary for the dis- patch of business , and it shall be lawful for said recorder or clerk to administer oaths to j witnesses on the trial of a cause, to take affi- davits or depositions to be read in said court under the rules and practice thereof, and to receive therefor the same fees as is allowed for similar services in the circuit court. Sec. 205. The clerk of said court shall keep Journal. a journal of the proceedings of the court, under ; the direction of the recorder , and all entries �! therein shall be read in open court by the clerk, I! from day to day , and shall be corrected when , �� necessary , and signed by the recorder. Sec. 206. The said journal shall be and remain a public record in the office of the clerk of said lb. court, and shall be by him delivered over to his successor in office , together with the books and papers belonging to said office; and the recorder' s �I successor in office shall be authorized to con- tinue and complete all proceedings begun by his predecessor. ` i Sec. 207. Any record or entry made in said Record may journal as aforesaid, may be read in evidence be read in 1n all courts of justice, and in all proceedings I evidence before any officer, body or board, in which it may be necessary to refer thereto, either from the journal itself or from a true and certified j 'il copy thereof certified by the clerk, with the 1H seal of the court affixed; and in all cases whenever it shall become necessary in any action or other proceeding before said re- corder' s court, to give evidence of a Judge- ment or other proceeding had before said court, the original entry of such judgment or other proceeding shall be good evidence before said court. Sec. 208. it shall be the duty of the Dut of said city clerk, either in person or by hlt Y deputy , to attend every term of said court , clerk. both general and special, and he shall have the care and custody of the seal of the said court and of the records, books and papers pertaining to the office of clerk of said court , and filed or deposited therein. Sec. 209. The said recorder' s court shall have power to take recognizance for keeping Recogni- of the peace and good behavior, and for appear- zances ante before said court, or any other court , at any day or term; and full power to punish for contempt of court by fine or imprisonment, or both, but such fine shall not exceed twenty- five dollars, nor such imprisonment sixty days. Sec. 210 . The marshal, and so many con- stables as may be required, shall attend the Marshal recorder' s court and discharge all the duties to attend of their respective offices; and the said mar- shal and other ministerial officers of said city t shall execute and return all processes issuing i out of said court to them directed, in the same manner as sheriffs or other officers of courts �I of record in this State. Sec. 211. The recorder' s court shall have Authority power and authority to make all rules for the of said practice in such court, and may issue execution upon any ,judgment, fine or penalty entered by court said court, and may levy and collect the amount of such judgment in the same manner as execu- tions issued out of the circuit court for the county of Ingham; such executions shall be made i��, ', returnable in sixty days from the date thereof, and may authorize the taking of the body of the :1 person against whom the execution runs; in all cases where such taking is authorized by the laws II of this State on executions issuing out of the ', circuit or other courts in the State, or by any ordinances of the city of Lansing, for the viola- tion of which such arrest or taking is authorized. Ii� See. 212. Said court shall have power, from time to time, to establish the costs and fees � Fees. of all the officers of said court, which costs and fees of all the officers of said court, which costs and fees shall not exceed those now es- tablished by the rules and practice of the cir- l cult court of Ingham county for like services, I and said costs and fees shall be taken and made, 'l therewith. The recorder shall have the follow- ing fees: for deciding a cause, on motion, two dollars; for trial, three dollars, which shall be in full for his services in such cause. Sec. 213. All writs and process from the Writs & recorder' s court shall run in the name of the process people of the State of Michigan, be directed to the marshal or any constable of said city, shall bear teste in the name of the recorder, shall be sealed with the seal of said court , signed by the clerk, and dated on the day on which the same shall be issued. See. 214. Actions may be commenced in said court in the same manner as is prov eded by law j for the commencement of suits in the circuit Actions courts of this State, and to this end the city j clerk is hereby authorized to procure the necess- ary books at the expense of the citT, 1 city , and all provisions of law relative to trials of causes in circuit courts, shall apply to said recorder 's court, except as herein otherwise expressed, and actions for the recovery of penalties and forfei- tures, arising for violations of any of the pro- visions of this act, or for violations of the ordinances or by-laws of said city, of which said recorder' s court has Jurisdiction, may be commenced and prosecuted in the same manner as is by law provided for the recovery of fines and penalties for breach of any statute of this State. Sec. 215. Appeals may be taken to said recor- der' s court from any Judgment of any Justice of Appeals the peace blected within said city, upon any suit to recor- or prosecution for a violation of any of the pro- ; ' der's visions of this act, or of the bylaws or ordin- court ances of said city , of which such Justice has Jurisdiction, by filing with the Justice by whom jI, l such Judgment was rendered a like affidavit and '! bond or recognizance, as is or may at any time by law be required on appeals in civil cases from Justice to circuit courts in this State, and all such provisions of law relative to appeals from Justice courts to the circuit court, shall apply, as far as practicable, to the said recorder' s court. Sec. 216. Whits of certiorari may be sued out of said recorder' s court to any Justices' court Certier- of said city , on any Judgment rendered by such ari. Justice of the peace, in any action brought to I recover a penalty or forfeiture for the violation of any provision of this act, or the violation of any by-law or ordinance of said city, in the same manner, as near as may be, and with the like effect as certioraris from circuit courts, and all provisions of law relating to certioraris from circuit courts in civil cases, shall apply j as near as may be to the recorder' s court , ex- 'I cept that the allowance of such writ shall be I granted by the recorder. �� t Sec. 217. In cases of appeal from any justice' s Justice to court within said city, or in case a certiorari make a retu-shall issue from said recorder' s court directed rn. to such ,justice, such ,justice shall make a return of the proceedings had before him in in like manner in all respects , as is by law required relative to returns from justices ' courts to the circuit court in cases of appeal and certiorari. Sec. 218. The recorder' s court shall have power to hear, try and determine said appeal, Court to and the ,judgment of said court shall be final i determine except that the same may be carried to the appeals supreme court, in the same manner in all res- pects as cases in the circuit court are taken to the said supreme court ; and said recorder' s court shall hear and determine all matters brought before him by writ of certiorari, in the same manner as such cases are disposed of in the circuit court. ; Sec. 219. The same entry fee shall be paid the clerk by said city in causes commenced, or Entry fees brought into the recorder ' s court as is required In like cases in the circuit court, except when the cause is commenced or brought into said recorder' s court on behalf of the city , or a city or ward officer in his official character. is Sec. 220. Any cause commenced in the recorder' s i court, and any cause brought in said court by ;! Appeals appeal or certiorari, and determined therein, from said may be taken to the supreme court of this State , court. in the same manner as causes removed to said court from the circuit courts of this State, by bill of exception, case made, writ of error, or otherwise. Sec. 221. Any person serving as a ,juror in the recorder' s court in any cause pending there- Jurors in, shall be exempt from serving as a juror in any other cause in said court during the same term in which he so served; and the clerk shall I keep a list of such ,jurymen until the commence- 1 ment of the succeeding term of court, when said list shall be destroyed. Sec. 222. It shall be the duty of the marshal Fines &c or of any constable, to pay into the hands of the city clerk, immediately on the receipt thereof, all fines, penalties and costs, imposed by said recorder ' s court, who shall forth with pay the j costs to the dfficers entitled thereto; and the said city clerk shall, on or before the first ! of each month, pay such money into the city treasury, and he shall make quarterly reports to the common council, of all the cases disposed of in said court, stating the several entry and jury fees paid, fines and penalties imposed, the manner in which the same may have been satisfied, j and the sums which he may have paid to saidfj treasurer from time to time, as aforesaid. � 1 Sec. 223. The said recorder' s court shall have full power and authority to hear try, and determine Offences according to the laws of this State, and according and mis- to the course of the common law, all such offenses demeanors and misdemeanors of which said court has jurisdiction or cognizance by this act, although no by-law' or ordinance shall have been made or passed relative to such offense. Sec. 224. Whenever any person or persons charged with any offense supposed, by such charges, to have Officers been committed within the limits of said city, to exe- against the provisions of this act, or in violation I cute ca- of any by-laws or ordinances of the said city, shall ' i plas depart from, lurk or reside without the limits of said city , the recorder' s court in :session, or the recorder in vacation, is authorized and empowered, and it is hereby made his duty , to command the marshal or any constable of said city, or the sheriff or sheriffs of any county or counties, or any constables of any townships within this State by a writ of capias, under the seal of said court, to arrest the body or bodies of such person or persons , so charged as aforesaid, and such person or persons have before the recorders court, agree- ably to the exigency of said writ, to be dealt with according to law.;` and the officer or officers to whom such capias shall be directed and delivered are hereby required to use due diligence in execut- ing the same, under such pains and penalties as are by law incurred by any sheriff or other officers neglecting or refusing to execute any capias or jl other process to him or them directed and delivered; and in case the person so charged as aforesaid shall hi be within the limits of the county of Ingham, the writ, I of capias may be directed to the marshal or any con- stable of the said city , who shall be authorized to �I serve the same within the limits of said county; but before such capias shall issue, such person or persons preferring the charge mentioned in this section shall file with the clerk of the court security for all the cost in case of acquittal, un- less such charge is preferred by a public city officer; in which case no security shall be required. To be a Sec. 225. The recorder' s court shall possess all court of the power of courts of common law and courts of accord record in this State , to carry into effect the jur- isdiction and powers conferred upon it by this act. Sec. 226. The common council of said city shall City have power and authority, whenever they shall deem Peniten- it expedient, to provide a city penitentiary, where I' itary all persons charged with , or convicted of, offenses ; ! or misdemeanors against the charter, by-laws or ;ill ordinances of said city , may be confined or impris- oned, until discharged by authority of law; and the said common council shall appoint all officers necessary for said penitentiary, prescribe their powers and duties, regulate the time and manner such prisoners shall be kept at labor, and make all by-laws , ordinam es 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. Sec. 227. Any person arrested by virtue of any City peni- process issuing from any court of justice in said tentiary. city, or by authority of any officer of said city, may be confined in said 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 persons (prisoners) to escape , or any other act detrimental to the j safety of prisoners in a county jail, shall apply Proviso. to said prison: Provided, That the common council or the mayor or recorder of said city may at any time direct any or all such persons (prisoners) to be removed from said penitentiary to the jail Proviso. of the county of Ingham: And provided also, Such 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 by said common council; and the keeper of said jailor penitentiary shall be allowed such com- pensation for keeping and providing for prisoners confined therein as the common council may deter- mine to be gust and reasonable, not exceeding the amount allowed by the supervisors of Ingham County for county prisoners. I : Sec. 228. Until the common council shall have provided a city penitentiary, as hereinbefore pro- County jail vided, the the courts of justice in said city shall have power to imprison in the jail of the county of ,Ingham, and it is hereby made the duty of tree keeper of said jail to receive such persons as are brought to his custody by authority of any of said courts, or the common council, or any officer of said city authorized so to commit such person, in the same manner as any court of record of this State, or other competent authority, is authorized to commit to said jail. Sec. 229. The justices of the peace It the Justices of said city exercising civil jurisdiction, shall the peace. be deemed justices of the peace of the county of Ingham, and shall be subject to the general laws of the State in relation to civil causes before justices of the peace, and appeals from their judgment may be made to the circuit court for the county of Ingham in the same manner as appeals from justice' s judgments in towns are made, except- as herein otherwise provided. j Sec. 230. The justices of the peace of said lb, city shall have all the authority of justices of the peace in towns in criminal matters, and shall have all the authority, and perform all the duties, hereinbefore provided and required of them, and shall hold a session of court daily, if necessary. Sec. 231. All suits which shall be brought to recover any penalty or forfeiture for the Certain suits violation of any ordinance of the common council to be brolt shall be brought in the name of the city of in the name Lansing, under the direction of the common of the city. council, or of the attorney of said city, and no person being an inhabitant , freeman or free- holder of the said city, shbll be disqualified for that cause from acting as a judge, justice or juror In the trial or other proceeding, in any suit brought to recover a forfeiture or penalty for the violation of this provision of this act, or for the violation of any ordinance of the common council, nor from serving any pro- cess or summoning a jury In such suit , or from acting in any such capacity , or being a witness on the trial of any issue or upon the taking or making any inquisition or assessment , or any judicial investigation of facts, to which Issue, inquest or Investigation the said city, or any city or ward officer, Is a party, or In which said city or such officer is Interested; nor shall any Judge of any court be disqualified to hear and adjudicate on an appeal In any matter origin- ating In said city, because he is an inhabitant thereof. See. 232. If any Judgment in any action shall be rendered against the city by any justice of Judgments the peace, such judgment may be removed by appeal ij � against the to the recorder' s court of the city of Lansing, City. In the same manner and with the same effect as though the city were a natural person, except that no bond or recognizance, to the adverse party, shall be necessary to be executed by or on behalf of the said city. See. 233. Every execution for any penalty or forfeiture recovered for the violation of Penalties. any of the provisions of this act, or for the violation of any by-law or ordinance of the said city , may be issued Immediatley 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, then 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 council. See. 234. The common council may direct any moneys that may have been recovered for penal- lb. ties or forfeitures, to be applied to the pay- ment of any extra expenses that may have been incurred in apprehending offenders or In sub- poenaing or defraying the expenses of witnesses in any suit for such penalties or forfeitures, or In conducting such suits. Sec. 235. All persons being habitual drunk- arils , destitute, and without visible means of Vagrants support , or who being such habitual drunkards, shall abandon, neglect or refuse to aid in the support of their families, being complained bf by such families; all able-bodied and sturdy beggars who may apply for alms or solicit charity ; all persons wandering abroad, lodging in watch-houses, out-houses, market-places, sheds, stables, or uninhabited dwellings, or In the open air, and not giving a good account of themselves; all common brawlers and disturbers of the public quiet; all persons wandering abroad and begging, or who go about from door to door, br place themselves in streets, highways, passages or other public places, or beg or receive alms within the said city , shall be deemed vagrants, and may upon conviction before any justice of the � ! peace in said city, be sentenced to confinement at hard labor in the county ,fail or city peniten- tiary for any time not exceeding sixty days. tip Sec. 236. All persons who shall have actually Disorderly abandoned their wives or children in the city of persons Lansing, or who may neglect to provide according wi6hin the to their means for their wives or children, are meaning of hereby declared to be disorderly persons within chap.39, the meaning of chapter thirty-nine of title nine title 9, of the revised statutes of eighteen hundred and R.S. of forty-six, and may be proceeded against as such, 1846. in the manner directed by said title; and it shall be the duty of the magistrate before whom any such person may be brought for examination, to judge and determine from the facts and circumstances of the ease whether the conduct of such person amounts to such desertion or neglect to provide for his wife or children. Sec. 237. It shall be the duty of the common Board of council of said city to appoint a board of health !! health. once in each year for said city, to consist of not less than three, nor more than seven persons and a competent physician to be the health officer thereof. Sec. 238. The said board of health shall have Their pow- power, and it shall be their duty, to take such ers and du-measures as they shall deem effectual to prevent the entrance of any pestilential or infections t y. disease into the city; to stop, detain and ex- amine , for that purpose, every person coming from any place infected, or believed to be infected, with such a disease ; to establish , maintain and �j' regulate a pest-house or hospital, at some place �I within the city, or not exceeding three miles beyond its bounds; to cause any person not being a resident of the city, or if a resident of the !j city, who is not an inhabitant of this State , ?a j and who shall be, or be suspected of being, in- � fected 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 dertify that the removal of such resident is necessary for the preservation of the public health; to remove from the city or destroy any furniture , wearing-apparel , goods , wares or merchandise, or other articles or property of any kind, which shall be suspected of being tainted or infected with any pestilence, or which shall be, or be likely to pass into such a state as to generate and propagate disease ; to abate all nuisances of every description, which are or may be injurious to the public health, in any way and in any manner they may deem expedient ; and from time to time to do all acts, make all regulations, and. pass all ordin- ances which they shall deem necessary or exped- ient for the preservation of health and the sup- pression of disease in the city , and to carry into effect and execute the powers hereby granted. Sec. 239. The owner, driver, conductor,or person in charge of any stage-coach, railroad Public con- car, or other public conveyance, which shall veyances. enter the city having on board any person sick of a malignant fever or pestilential or Infec- tious disease, shall, within two hours after the arrival of such sick person, report in writing the fact, with the name of such person, and the house or place where he was put down In the city, to the mayor, or some member or officer of the board of health; and any and every neglect toi' comply with these provisions or any of them, f � shall be a misdemeanor, punishable with fine and imprisonment. Sec. 240. Any person who shall, knowingly, Bringing of bring or i' g� g g procure, or cause to be brought into infected the city any property of any kind, tainted or property in- infected with any malignant fever or pestilential to the city or infectious disease, shall be guilty of mis- misdemea'r. demeanor, punishable by fine and imprisonment. Sec. 241. Every keeper of an Inn or boarding- house or lodging-house in the city, who shall have Sick Strang- in his house at any time any sick traveler, boat- ers to be re-man or sailor, shall report the fact, and the name ported. of the person in writing, within six hours after he came to the house or was taken sick therein, to the mayor, or some officer or member of the AA board of health; every physician in the city shall report under his hand to one of the officers above it 11j reamed, the name, residence and disease of every patient whom he shall have, sick of any infectious ,' 1! �i or pestilential disease, within six hours after �� he shall have visited such patient. A violation of either of the provisionsof this section, or of any part of either of them, shall be a mis- demeanor, punishable by fine and imprisonment; the fine not to exceed one hundred dollars, nor the Imprisonment six months. � �� Sec. 242. All fines imposed under the last Fines. five sections shall belong to the city , and when collected shall be paid into the city treasury, and be devoted to the maintenance and support of the pest-house or of any hospital that may here- after be established by the city. i Sec. 243. The common council shall have power to pass and enact such by-laws and 'ordinances as they from time to time shall deem necessary and Nuisances. proper, for the filling up, draining, cleansing, cleaning and regulating any grounds, yards, basins, slips or cellars within the said city, that shall be sunken, damp, foul, incumbered with filth, and rubbish, or unwholesome, and for filling or alter- ing and amending all sinks and privies within the said city , and for directing the mode of construct- ing them in future, and to cause all such work as may be necessary for the purpose aforesaid, and for the preservation of the public health and the cleanliness of the city , to be executed and done at the expense of the city corporation, on account of the persons respectively upon whom the same may be assessed, and for that purpose to cause the expenses thereof to be estimated, assessed and collected, and the lands charged therewith to be sold in caseof non-payment, in the same manner as is provided by law with respect to to other public improvements within said city; and in all cases where the said by-laws or ordinances shall require anything to be done in respect to the property of sever 1 persons, the expenses thereof may be in- eluded in one assessment, and the several houses and lots in respect to which such expenses shall have been incurred, shall be briefly described in the manner required by law in the assessment roll ; for the general expenses of the city, and the sum of money assessed to each owner or occupant of any such house or lot shall be the amount of money I' expended in making such improvement upon such pre- mises, together with a ratable proportion of the expenses of assessing and collecting the moneys expended in making such improvements. i Sec. 244. Whenever, in the opinion of the common council, any building, fence, or other j Unsafe erection of any king, or any part thereof, is buildings. liable to fall down, and persons or property may thereby be endangered, they may order any owner or occupant of the premises on which such j building, fence, or other erection stands , to j take down'-the -same, or any part thereof, within a reasonable time, to be fixed by the order, or Immediately, as the case may require ; or may +� immediately, or in case the order is not complied with , cause the same to be taken down at the ex- pense of the city, on account of the owner of the j premises, and assess the expense on the land on which it stood. The order, if not immediate in j Its terms , may be served on any occupant of the premises, or be published in the city paper, as the common council shall direct. i Sec. 245. The said board of health shall have power to appoint a clerk, whose duty it shall be Clerk of to attend the meetings thereof, and to keep a re- the board cord of Its proceedings , and such record, or a duly of health certified copy of the same , or of any part thereof, shall be prima facie evidence of the facts therein contained, in any court or before any officer. The compensation of the clerk of said board of health shall be fixed by said board of health , by and with the consent of the common council, and such compen- sation shall be paid in the same manner as the other expenses of said board. Sec. 246. The members of said board of health Compen- shall receive such oempensation for their services sation. as the common council shall deem reasonable, to be paid from the general contingent fund of said city. See. 247. The common council, or the mayor or other officer whose duty It shall be to judge of Sureties. 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 sure- ties, and shall require them to submit to an exa- mination under oath as to their property ; such oath may be administered by the mayor or any alder- man of said city. The deposition of the surety shall be reduced to writing, be signed by him, H certified by the person taking the same, and annexed to and filed with the bond. or Instrument In writing to which It relates. See. 248. The mayor, or chairman of any committee or special committee of the common council, shall Administrabave power to administer any oath or take any affi- tion of davit in respect to any matter pending before the oaths. common council or such committee. See. 249. Any person who may be required to perjury. take any oath or affirmation under or by virtue of any provision of this act, who shall, under such oath or affirmation, in any statement or affidavit, or otherwise, willfully swear falsely I as to any material fact or matter, shall be guilty of perjury. See. 250. If any suit shall be commenced Suits against any person elected or appointed under against this act to any office for any act done or officers omitted to be done under such election or appoint- ment, or against any person having done anything or act by the command of any such officer, and if final Judgment be rendered In such suit whereby any such defendant shall be entitled to costs, he shall recover double costs In the manner defined by law. Sec. 251. All process issued against said city Process shall run against said city in the corporate name against thereof, and such process shall be served by leav- city. ing 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 . 252. The school inspectors to be elected School under this act , together with the city clerk, who inspec- shall be ex-officio school inspector , shall per- tors. form all the duties and be in every way subject to the general laws of this State applicable to school inspectors. i Public Sec . 253. This act shall be deemed a public Act. act. � r Sec. 254. This act is ordered to take lmmed- ii late effect. ii i ! Approved February 15, 1859. i i � ! I � i j I; } ii ! i! i 1 ii �i �I i i