V" > : f'' '• .:: - ALPHEUS FELCH HISTORICAL LIBRARY BEQUEATHED TO THE UNIVERSITY OF MICHIGAN BY THE HON. ALPHEUS FELCH. 1896. CHARTER City of Ann Arbor 1889. CHARTER OF THE City of Ann Arbor, Printed by Authority of the Common Council. ANN ARBOR: COURIER BOOK AND JOB PRINTING HOUSE. 1889. MAYORS OF CITY. GEORGE SEDGWICK, . EDWIN R. TREMAIN, . JAMES KINGSLEY, WILLIAM S. MAYNARD, PHILIP BACH, ROBERT J. BARRY, JOHN F. MILLER, CHARLES SPOOR, EBENEZER WELLS, WILLIAM S. MAYNARD, OLIVER M. MARTIN, . CHRISTIAN EBERBACH, ALFRED H. PARTRIDGE, WILLIAM D. HARRIMAN, SILAS H. DOUGLAS, . HIRAM J. BEAKES, EDWARD D. KINNE, . DENSMORE CRAMER, . WILLARD B. SMITH, . JOHN KAPP, . WILLIAM D. HARRIMAN, JOHN KAPP, . JOHN J. ROBISON, WILLARD B. SMITH, . SAMUEL W. BEAKES, . from April, 1851, to April, 1853. 0 tt 1853, (( tt 1855. tt tt 1855, a a 1856. tt tt 1856,, n tt 1858. a tt 1858, tt tt 1859. t. . a 1859, tt n 1861. " tt 1861, tt tt 1862. '■ tt 1862, tt tt 1863. tt tt 1863, tt tt 1865. 'tt tt 1865, tt a 1866. tt tt 1866, a a 1868. tt H 1868, tt tt 1869. ft tt 1869, tt tt 1870. tt tt 1870, tt a 1871. tt tt 1871, tt * ( 1873. tt tt 1873, tt tt 1875. .t 1875, tt tt 1877. a tt 1877, tt tt 1878. t ( tt 1878, tt tt 1880. (1 tt 1880, u 1883. (t tt 1883, "" 1885. (( tt 1885, (( tt 1886. tt 1886, "" 1887. tt tt 1887, tt tt 1888. n tt 1888, a t( . TABLE OF CONTENTS. Page. Incorporation of Boundaries ... -. 5 Electors and Registration . 7 Elections 10 Officers - — 15 Qualifications, Oath, Official Bonds . 16 Vacancies In office 18 Duties of Officers—The Mayor 20 Aldermen . 20 City Clerk _ 21 Justices of the Peace 23 Assessor . 24 Supervisors 24 Constables . . 25 Chief of Police 25 City Treasurer. 27 City Attorney , ..- — 29 Compensation of Officers . SO The Common Council . 31 General Powers of the Common Council 37 Ordinances 45 Enforcement of Ordinances 48 Police -— 53 Cemeteries 55 Pounds ■• 56 Sewers, Drains, and Watercourses . 57 Streets, Sidewalks, and Public Improvements 59 Board ol Public Works - — 69 Fire Department "6 The Public Health - 82 Finance and Taxation 86 Miscellaneous 95 The present charter of the city was first prepared hy a committee of the Common Council of 1888, consisting of Mayor Beakes, Aids. Wines. Allmendinger, Kearns and City Attorney King, revised and corrected by Elihu B. Pond, employed by the council to correct phraseology, and by the above com-nlttee associated with the following com- mittee of business men: A. L. Noble, Frederick Schmld, Moses Seabolt, E. K. Frueauff and H. J. Brown. It is printed by authority of the Common Council. May 1889. CHARTER OF THE City of Ann Arbor. AN ACT to reincorporate the City of Arm Arbor, revise the Charter of said City, and repeal all conflicting Acts relating thereto. INCORPORATION AND BOUNDARIES. Section 1. The People of the State of Michigan enact, That so much of the township of Ann Arbor, in the county of Washtenaw, as is included in the following lim- - its, to-wit: The south three-fourths of section number twenty, the south three-fourths of the west three-fourths of section number twenty-one, the west three-fourths of section number twenty-eight, entire section number twenty-nine, the north half of section number thirty-two, and the west three-fourths of the north half of section number thirty-three, in township two south, of range six east, and also so much of the east half of the south east quarter of section number twenty one, and the east half of the northeast quarter of section number twenty-eight, as lies west of the easterly bank of the Huron river, and north of the south line of the territorial road, crossing said river on or near the line between said sections, be and the same is hereby set off from said township, and declared to be a city, by the name of the city of Ann Arbor; and the freemen of said city from time to time being inhabitants thereof, shall be and continue to be a body corporate and 2 CITY OP ANN ARBOR. 7 by ordinance duly past, to divide any ward which shall have polled more than six hundred votes at the last pre- ceding general election, into polling precincts, which pre- cincts shall be as nearly equal as possible in point of popu- lation, and the common council shall have the power to provide for separate re-registration for each polling pre- cinct when any such precinct shall be created, and the registration of electors for all elections shall be conducted in each precinct as nearly as possible as the elections are conducted in the several wards, and no voter shall vote in other than the precinct in which he shall reside. The common council shall also provide registration books for any ward that shall be so divided—one for each precinct— and the board of registration shall be as constituted by this act, but each voter's name shall be registered in the book provided for the precinct in which he resides. The returns,of the elections in precincts shall be made and canvassed in the same manner as in wards, and the word precinct in elections shall, to all intents and purposes, be synonymous with the word ward. i ELECTORS AND REGISTRATION. Section 4. The inhabitants of said city of Ann Arbor, having the qualifications of electors under the constitu- tion and laws of the State, and no others, shall be electors therein. Section 5. At all elections in said city every elector shall vote in the ward where he shall have resided during the ten days next preceding the day of election. The residence of any elector, not being a householder, shall be deemed to be in the ward in which he rooms and lodges. Section 6. Any person offering to vote at any elec- tion held in this city, shall, if challenged by an elector of the ward in which he offers to vote, take, before his vote shall be received, one of the oaths or affirmations provided by the laws of the State for electors at general elections, which oath may be administered by either of the inspec- 10 CHARTER OP THE duly qualified electors, may register at such session, and the names of electors who have removed or died since the preceding election shall be erased with red ink, with the remark dead," or " removed," with the date of era- sure. If the name of any elector shall be erased by mis- take such elector may be re-registered on the day of election as provided by section eighteen of the act here- inbefore cited. Section 10. Sessions of the boards of registration shall be held in the several wards on the Wednesday pre- ceding each charter or special election for new registra- tion, and correction of the registry books, such sessions to be noticed and conducted as provided for by the act before cited, except that the erasure of the names of electors who have removed or died shall be made as provided in the preceding section. Such sessions shall commence at eight o'clock in the forenoon and close at eight o'clock in the afternoon; Provided, That in giving notice of registra- tion for a special election, it shall not be necessary to print the names of the electors then dulv registered. Section 11. Two members shall at all times be pres- ent during the sessions of each ward board of registration. elections. Section 12. An annual city charter election shall be held on the first Monday in April in each year, at such place in each of the several wards of the city as the com- mon council shall designate. Section 13. Special elections may be appointed by resolution of the common council, to be held in and for the city, or in and for any ward thereof, at such time and place, or places, as the common council shall designate; the purpose and object of which shall be fully set forth in the resolution appointing such election. Section 14. Whenever a special election is to be held the common council shall cause to be delivered to the in- CITY OF ANN ARBOR. 11 spectors of election in the ward or wards where the same is to be held, a notice signed by the city clerk, specifying: the officer or officers to be chosen, and the question or proposition, if any, to be submitted to the vote of the elec- tors, and the day and place at which such election is to be held, and such election shall be conducted in the same manner as the annual charter elections. Section 15. Notice of the time and place or places of holding any election, and of the officers to be elected, and the question to be voted upon, shall, except as herein otherwise provided, be given by the city clerk at least ten days before such election, by posting such notices in three public places in each ward in which the election is to be held, and by publishing a copy thereof in a newspaper published in the city, the same length of time before the election; and in case of a special election the notice shall set forth the purpose and object of the election as fully as the same are required to be set forth in the resolution ap- pointing such election: Provided, That if any election of officers under the act shall not be held on the day when it ought to have been held, the said corporation shall not bj dissolved, but it shall be lawful to hold such election at any time thereafter, public notice being given as pro- vided in this act. Section 16. The common council shall provide and cause to be kept by the city clerk, for use at all elections, suitable ballot boxes of the kind required by law to be kept and used in townships. Section 17. At all charter elections the polls shall be opened in each ward at the several places designated by the common council, at eight o'clock in the morning, and shall be kept open until four o'clock in the afternoon, at Section 15. Failure to give notice of election does not invalidate elec- tion: Speed vs. Hartwell, 12 Mich., 508; but if it is not imperative to fill an office at acertain election, failure to give the notice required invalidares the election: People vs. Witherell, 11 Mich., 48. See Secord vs. Foutch, 44 Mich., 89; Powell vs. Jackson etc , 51 Mich., 129. 12 CHARTER OF THE which hour they shall be finally closed. The inspectors shall cause proclamation to be made of the opening and closing of the polls. Section 18. The supervisor and two aldermen of each ward shall, except as herein otherwise provided, be the in- spectors of election. When any ward shall have been di- vided into precincts, the common council shall appoint, on the nomination of the mayor, such additional inspectors of election as shall be necessary to constitute a board of three inspectors for each of said precincts; and if at any election any of the inspectors shall not be present or remain in at- tendance, the electors present may choose viva voce such number of such electors, as with the inspector or inspec- tors present, shall constitute a board of three in number, and each such elector so chosen shall be inspector of that election. Section 19. The supervisor, if present, shall be chair- man of the board, and in his absence the inspectors shall appoint one of their number chairman; and said inspec- tors shall appoint two electors to be clerks. The inspectors chosen and clerks appointed shall take the constitutional oath of office, which oath may be administered by either of the inspectors, or by a justice of the peace or notary public. Section 20. All elections held under the provisions of this act shall be conducted as nearly as may be in the manner provided by law for holding general elections in this state, except as herein otherwise provided; and the inspectors of such elections shall have the same power and authority for the preservation of order and for enforcing obedience to their lawful commands during the time of Section 17. See cases cited in People vs. Cicott, 16 Mien., on pages 305 and 324. Section 20. The general election law is found in Howell's Statutes ?15t to J237. Sections 162,11)7, and 177 of Howell's Statutes were amended by Pub- lic Acts, 18S7, page 409. by requiring election seals to be furnished and regu- lating the manner of sealing the ballot boxes. CITY OF ANN ARBOR. 13 holding the election and the canvass of the votes as are conferred by law upon inspectors of general elections held in this state. Section 21 The electors shall vote by ballot, and the same ballot shall contain the names of the persons desig- nated as officers for the city and as officers for the ward. The ballots cast upon any question or proposition sub- mitted to be voted upon, shall be separate and be depos- ited in a separate box. Section 22. If at any election vacancies are to be supplied in any office, or if any person is to be elected for less than a full term of office, the term for which any per- son is so voted, shall be designated on the ballot. Section 23. It shall be the duty of the inspectors on receiving the vote, as specified in the last two sections, to cause the same, without being opened or inspected, to be deposited in the proper box provided for that purpose. The clerks shall also write the names of the electors vot- ing at such elections, in the poll lists to be kept by them. And such lists shall be so kept as to show the number and the names of the electors voting upon any question or proposition submitted to the vote of the electors. Section 24. Immediately after closing the polls, the inspectors of election shall, without adjourning, publicly canvass the votes received by them, and declare the re- sult; and shall, on the same day, or on the next day, make a statement in writing, setting forth in words at full length the whole number of votes given for each office, the names of persons for whom such votes for each office were given, and the number of votes so given for each per- son; the whole number of votes given upon each question voted upon, and the number of votes given for and against the same, which statement shall be certified under the Section 21. Ballots in the wrong box are to be counted unless they are deposited In the wrong box by the fraud of the elector: People vs. Bates, 11 Mich., 362. 14 CHARTER OF THE hands of the inspectors to be correct; and they shall de- posit such statement and certificate on the day of election, or on the next day, together with such poll lists, the reg- ister of electors and the boxes containing said ballots, in the office of the city clerk. Section 25. The manner of canvassing said votes shall be the same as prescribed by law for canvassing votes at the general elections held in this State, and the inspec- tors shall in all other respects, except as herein otheiwise provided, conform as nearly as may be to the duties re- quired of inspectors of election at such general elections. Section 26. The common council shall convene on the Thursday next succeeding each election, at their usual place of meeting, and determine the result of the election upon each question and proposition voted upon, and what persons are duly elected at said election to the several offices respectively; and thereupon the city clerk shall make duplicate certificates, under the corporate seal of the city, of such determination, showing the result of the election upon any question or proposition voted upon, and what persons are declared elected to the several offices re- spectively, one of which certificates he shall file in the office of the clerk of the county of Washtenaw and the other shall be filed in the office of the city clerk. Section 27. The person receiving the greatest num- ber of votes for any city or ward office shall be deemed to have been duly elected to such office, and if there shall be no choice for any office by reason of two or more candi- Section 26. The duties of the council in determining the result of election are purely ministerial. See Keller vs. Robertson, 27 Mich., 116; People vs. Van Oleve, 1 Mich. 362. No person can be declared elected unless he has received more votes for the office than any other person even if there is not, in fact, any such o'her person in existence. If the person receiving the highest number of votes is ineligible the next highest cannot be de- clared elected: Crawford vs. Mollitor, 23 Mich., 311. Section 27. A party participating in a drawing is not thereby pre- cluded trom contesting the election of his opponent: Keeler vs. Robertson, 27 Mich., 116. CITY OF ANN ARBOR. 15 dates having received an equal number of votes, the com- mon council shall at the meeting mentioned in the preced- ing section determine by lot between such persons, which shall be considered elected to such office. Section 28. It shall be the duty of the city clerk, within five days after the meeting and determination of the common council, as provided in section 27 [26,] to notify each person elected, in writing, of his election, and he shall also, within five days after the common council shall appoint any person to any office, in like manner notify such person of such appointment. Section 29. Within one week after the expiration of the time in which any official bond or oath of office is re- quired to be filed, the city clerk shall report in writing to the common council the names of the persons elected or appointed to any office who shall have neglected to file such oath and bond or security for the performance of the duties of the office. OFFICERS. Section 30. The following city officers, viz: A mayor, president of the common council, city clerk, two justices of the peace and an assessor shall be elected by the qualified voters of the whole city, and a supervisor, two aldermen and a constable shall be elected in each ward. Section 31. The following officers shall be appointed by the mayor subject to the approval of a majority of the members elect of the common council, viz: A city mar- shal, a city treasurer, a city attorney, members of the board of public works, members of the board of fire com- missioners, and members of the board of health. The common council may also, from time to time, provide by ordinance for the appointment, and appoint for such term as may be provided in any such ordinance, such other offi- cers whose election or appointment is not herein specially provided for, .as the common council shall deem necessary 16 CHARTER OF THE for the execution of the powers granted by this act, and may remove the same at pleasure. The powers and duties of all such officers shall be prescribed by ordinance. Section 32. Appointments to office by the mayor, except appointments to fill vacancies, shall, unless other- wise provided, be made on the first Monday in May in each year; but appointments which for any cause shall not be made on this day may be made at any subsequent regular meeting of the common council. Section 33. The mayor, president of the common council, supervisors and constables shall hold their offices for the term of one year from the second Monday in April of the year when elected, and until their successors are qualified and enter upon the duties of their offices. The justices of the peace shall be elected for the term of four years from the fourth day of July next after their election, one to be elected each alternate year. Section 3-4. The city clerk, assessor and aldermen shall hold their offices for the term of two years from the second Monday in April in the year when elected, and until their successors are elected and qualified. Section 35. All other officers, except as hereinafter provided, appointed by the mayor and common council or boards of the city, except officers appointed to fill vacan- cies in elective offices, shall hold their respective offices until the first Monday in May next after such appointment, and until their successors are qualified and enter upon the duties of their office, unless a different term of office shall be provided in this act or by an ordinance duly enacted. qualifications, oath, official bonds. Section 36. No person shall be elected or appointed to any office, unless he be an elector of said city, and if Section .15. When the charter fixes the term of office, appointments cannot be made for less than the term fixed: Stadler vs. Detroit, 13 Mich., 316. CITY OF ANN ARBOR. 17 elected or appointed for a ward, he must be an elector thereof; and no person shall be elected or appointed to any office in the city who has been or is a defaulter to the city or any board of officers thereof, or to any school dis- trict, county or other municipal corporation of the state. All votes for or any appointment of any such defaulter shall be void. Section 37. Justices of the peace elected in said city shall take and file an oath of office with the qounty clerk, of the county of Washtenaw, within the same time and in the same manner as in the cases of justices of the peace elected in townships. All other officers elected or appointed in the city, shall, within ten days after receiv- ing notice of their election or appointment, take and sub- scribe the oath of office prescribed by the constitution of the State, and file the same with the city clerk. Section 38. Officers elected or appointed, except justices of the peace, before entering upon the duties of their offices and within the time prescribed for the filing of their official oaths, shall file with the city clerk such a bond or security as may be required by law or by any ordinance or requirement of the common council, and with such sureties, who shall justify in writing and under oath, as required by the laws of this State, as shall be ap- proved by the common council for the due performance of the duties of their office, except that the bond or se- curity of the city clerk shall be deposited with the city treasurer. Section 88. Sureties are liable only for the acts and defaults of the principal during the time for which the bond is given : Paw Paw vs. Eggle- ston, 25 Mich.. 36. A surety is liable on a bond signed by him in blank: McCormick vs. Bay City,23 Midi., 457. Sureties are not liable on a bond which the principal fails to sign: Vincent vs. Kimball Township, 39 Mich., 187. But representations made to them at the time they sign the bond will not release the sureties: Detroit vs. Weber, 26 Mich., 284. The council can- not dispense with any condition required to be in the bond by the charter: Detroit vs. Weber, 26 Mich., 284. An officer authorized to approve a bond, on which he himself is surety, is thereby precluded from approving it: Steven- sou vs. Bay City, 26 Mich., 44. 20 CHARTER OF THE the meaning and provisions of such general laws of the State. DUTIES OF OFFICERS—THE MAYOR. Section 46. The mayor shall be the chief executive officer of the city, and shall from time to time give to the common council information, in writing, concerning the affairs of the corporation, and recommend such measures as he may deem expedient. It shall be his duty to exer- cise supervision over the several departments of the city government, and to see that the laws relating to the city and the ordinances and regulations of the common coun- cil are enforced. Section 47. The mayor shall be a conservator of the peace, and may exercise within the city the powers conferred upon sheriffs to suppress disorder, and shall have authority. to command the assistance of all able- bodied citizens to aid in the enforcement of city ordi- nances or laws of the State, and to suppress riot and dis- orderly conduct. Section 48. The mayor shall have authority at all times to examine and inspect the books, records and pa.- pers of any agent, employo or officer of the city, and shall perform generally all such duties as are or may be pre- scribed by the ordinances of the city. Section 49. In the absence or disability of the mayor, or in case of any vacancy in his office, the presi- dent of the common council shall perform the duties of the mayor. ALDERMEN. Section 50. The aldermen of the city shall be mem- bers of the common council, attend all the meetings thereof, and act upon committees when thereunto ap- pointed by the president of the council. As conservators Section 50. Mandamus does not lie to compel aldermen to attend meetings of the common council: People vs. Whipple, 41 Mich., 518. CITY OF ANN ARBOR. 21 of the peace they shall aid in maintaining quiet and good order in the city, and in securing the faithful performance of duty by all officers of the city. CITY CLERK. Section 51. The city clerk shall keep the corporate seal and all the documents, official bonds, papers, files and records of the city, not by this act or by the ordinances of the city entrusted to some other officer; he shall be clerk of the common council, shall attend its meetings, record all its proceedings, ordinances and resolutions, and shall countersign and register all licenses granted, and report the same with the amount thereof to the common council monthly; he shall, when required, make and certify, under seal of the city, copies of the papers and records filed and kept in his office, and such copies shall be evi- dence in all places of the matters therein contained to the same extent as the original would be. He shall possess and exercise the powers and duties of township clerk so far as the same are required to be performed within the city, and shall have authority to administer oaths and affir- mations. He shall be entitled to a fee of fifty cents for each and every license issued by him, to be paid by the person obtaining the same. The city clerk may, subject to the approval of the common council, appoint a deputy, and such deputy may perform any and all the duties of such clerk: Provided. That said deputy shall receive no compensation from the city. Section 52. The city clerk shall be the general ac- countant of the city, and all claims against the corporation shall be filed with him for adjustment. After examination thereof he shall report the same, with all accompanying vouchers and counter claims of the city, and the true bal- ance as found by him to the common council for allowance, ■ Section 51. In recording council proceedings, no ambiguous entries should be made, especially in recording votes when a majority vote is re- quired: McCormick vs. Bay City, 23 Mich., 457. 3 22 CHARTER OF THE and when allowed, shall draw his warrant upon the treas- urer for the payment thereof, designated thereon the fund from which payment is to be made, and take proper receipts therefor; but no warrant shall be drawn upon any fund after the same has been exhausted, and any warrant so drawn shall be void. When any tax or money shall be levied, raised or appropriated, he shall report the amount thereof to the city treasurer, stating the object and fund lor which it is levied, raised or appropriated, and the amount thereof to be credited to each fund. Section 53. The city clerk shall keep himself thor- oughly acquainted, and make himself conversant with the doings of all officers charged in any manner with the receipt, collection and disbursement of the city revenues, and shall have general supervision over all the property and assets of the city; he shall have charge of all books, vouchers and documents relating to the accounts, con- tracts, debts and revenues of the corporation; he shall countersign and register all bonds issued, and keep a list of all property and effects belonging to the city, and of all its debts and liabilities; he shall keep a complete set of books, exhibiting the financial condition of the corporation in all its departments, funds, resources and liabilities, with a proper classification thereof, and showing the purpose for which each fund was raised; he shall also keep an account with the treasurer, in which he shall charge him with all moneys received for each of the several funds of the city, and credit him with all the warrants drawn thereon, keeping a separate account with each fund; when any fund has been exhausted, he shall immediately advise the common council thereof; the city clerk shall be the clerk of the board of public works and all other boards, the clerk of all standing and special committees of the common council, and the clerk of all the boards of the city that may from this time be established. He shall render to the common council on the first Monday of every month, and oftener if required, a report of the amount of all or- CITY OP ANN ARBOR. 23 ders drawn since the last preceding report, what orders remain outstanding and unpaid, and the balance remain- ing to the credit of each fund. Section 54. The city clerk shall report to the com- mon council whenever required a detailed statement of the receipts, expenditures and financial condition of the city, of the debts to be paid and moneys required to meet the estimated expenses of the corporation, and shall per- form such other duties pertaining to his office as the com- mon council may require. The clerk shall be the sealer of weights and measures for the said city, and shall per- form all the duties of township clerk relative thereto. Section 55. The common council shall provide and fit up an office for the city clerk, and establish office hours during which said clerk shall be required to be at his office. JUSTICES OF THE PEACE. Section 56. The justices of the peace in said city exercising civil jurisdiction shall be deemed justices of the peace of the county of Washtenaw, and shall have all the powers and jurisdiction given by the general laws of the state in relation to civil and criminal cases before justices of the peace in townships, and appeals from their judg- ments and convictions may be made to the circuit court for the county of Washtenaw in the same manner as appeals from justices'judgments and convictions in towns are made: Provided, That all actions within the jurisdic- tion of justices of the peace may be cummenced and pros- ecuted in said justices' courts, when the plaintiff or defend- ant, or one of the plaintiffs or defendants reside in said city of Ann Arbor, in the township of Ann Arbor, in any township next adjoining the township of Ann Arbor, or in any city formed from a township of Ann Arbor: Pro- Section 56. The constitution fixes the power of justices of the peace and legislation cannot curtail or abolish their civil jurisdiction: Altor vs. Wayne Auditors, 43 Mich., 75. Their criminal jurisdiction depends entirely upon the statutes: Sarah Ways Case, 41 Mich., 299. 24 CHARTER OF THE vided, That the township of Ypsilanti shall be deemed to be a township adjoining the township of Ann Arbor within the meaning of this act. Section 57. Any justice of the peace residing in said city of Ann Arbor, shall have full power and authority, and it is hereby made the duty of such justice, upon com- plaint to him in writing, to inquire into and hear, try and determine all offenses which shall be committed within said city against any of the by-laws or ordinances which shall be made by the common council in pursuance of the powers granted by this act, and to punish the offenders as by said by-laws or ordinances shall be prescribed or directed, to award all process, and take recognizance for the keeping of the peace, for the appearance of the person charged, and upon appeal, and to commit to prison as occasion may require. In case there shall be at any time in said city, from any cause, no qualified justice of the peace, suits for a violation of any of the city ordinances may be brought before one of the justices of the peace of the township of Ann Arbor. THE ASSESSOR. Section 58. The assessor shall annually estimate the value of all the taxable real and personal property in the city, and make the several ward assessment rolls at the time and in the manner as hereinafter in this act provided; he shall spread upon said rolls any and all taxes duly cer- tified to him by order of the common council, by the board of supervisors of the county of Washtenaw, or by other proper authority; and his warrant attached to said rolls, directing the collection of the taxes so levied and spread thereon, shall have the same power and effect as the war- rant of a supervisor made in accordance with the state law. SUPERVISORS. Section 59. The supervisors of the several wards shall have the like powers and perform the like duties CITY OF ANN ARBOR. 25 as supervisors of townships, except as herein otherwise provided; they shall represent their several wards in the board of supervisors of the county of Washtenaw, and shall have all the rights, privileges and powers of the several members of such board. CONSTABLES. Section 60. The constables shall have the like pow- ers and authority in matters of civil and criminal nature, and in relation to the service of all manner of civil and criminal process, as are conferred by law upon constables in townships, and shall receive the like fees for their ser- vices and be subject to like liabilities for any neglect of duty imposed by general law upon constables in townships. They shall have power also to serve all process issued for breaches of the ordinances of the city. They shall obey all lawful orders of the mayor, alderman, and chief of po- lice, and of any court or justice of the peace exercising jurisdiction in causes for breaches of the ordinances of the city; and shall discharge all duties required of them by any ordinance, resolution, or regulation of the common council, and for any neglect or refusal to perform any duty required of him, every constable shall be subject to re- moval from office by a vote of the common council. CHIEF OF POLICE. Section 61. The marshal shall be the chief of the police of the city. He shall be subject to the direction of the mayor. It shall be his duty to see that all the ordi- nances and regulations of the common council, made for the preservation of quiet and good order, and for the safety and protection of the inhabitants of the city, are Section 60. Constables are local peace officers. The constitution used the word as having a known meaning, and their functions of a peace officer in the arrest of criminals, and the prevention of crimes and disturbances cannot be taken away by legislation. Allor vs. Wayne Auditors, 43 Mich., 76. They must be elected: Abels vs. Ingham Supervisors, 42 Mich., 526. A constable cannot serve process in his own favor: Morton vs. Crane, 39 Mich., 526. 26 CHARTER OF THE promptly enforced, and when he shall know or learn of the violation of any ordinance of the city or penal statute of the state, it shall be his duty to enter complaint before one of the justices of the peace of said city, and to do what- ever shall be necessary to bring the offender to justice. He shall have the same power to serve and execute all process issued by any justice of the peace of said city in behalf of said city or of the people of the state for offences committed within said city as sheriffs or constables have by law to serve and execute similar process, and shall sup press all riots, disturbances, and breaches of the peace, and for that purpose may command the aid of all citizens in the performance of such duty. He shall arrest all disor- derly persons in the city, and pursue and arrest any per- son fleeing from justice in any part of the state. He may arrest upon view, and with or without process, any person found in the act of committing any offense against the laws of the state or the ordinances of the city, and forth- with take such person before the proper magistrate or court for examination or trial, and may arrest persons found drunk in the streets and imprison them until they shall become sober: Provided, That nothing in this sec- tion contained shall be construed to authorize the marshal to arrest without process, under a state law, any person charged with an offense within the jurisdiction of justices of the peace. Section 62. The marshal shall report, in writing and on oath, to the common council at their first meeting in each month, all arrests made by him and the cause thereof, Section 61. An arrest without a warrant is not lawful, except where public security requires it. There must be reasonable belief of felony or a breach of the peace committed in the officer's presence: Allor vs. Wayne Auditors, 43 Mich., 76, 97: Sarah Way's Case, 41 Mich., 299; Quinn vs. Helsel, 40 Mich., 576. Arrests for misdemeanors can only be made without a war- rant by an officer who actually sees the offense which constitutes the mis- demeanor: Ross vs. Leggett, 61 Mich., 415. Arrests for vagrancy without a warrant can rarely be justified: Sarah Way's Case, 41 Mich., 300. See Dren- nan vs. People, 10 Mich., 169. CITY OF ANN ARBOR. 27 and all persons discharged from arrest during the month; also, the number remaining in confinement for breaches of the ordinances of the city; and the amount of all fines and fees collected by him. All money collected or received by the marshal, for fines, fees or for any services performed by him in any official capacity, unless other- wise directed by this act, shall be paid into the city treas- ury during the same month when received, and the treas- urer's receipt therefor shall be filed with the city clerk. Section 63. The marshal shall not leave the city without the consent of the mayor except in pursuit of fugi- tives from justice or for the arrest of persons charged with a violation of the city ordinancas. In the absence of the marshal or his inability to serve, the mayor may designate any policeman or constable to perform his duties. CITY TREASURER. Section 64. The city treasurer shall have the custody of all moneys, bonds, mortgages, notes, and evidences of value belonging to the city. He shall receive all moneys belonging to and receivable by the corporation, and keep an account of all receipts and expenditures thereof. He shall pay no money out of the treasury except in pursu- ance of and by the authority of law, and upon warrants signed by the city clerk and countersigned by the mayor, or for school purposes by the proper officers, which shall specify the purpose for which the amounts thereof are to be paid. He shall keep an accurate account of, and be charged with all taxes and moneys appropriated, raised, or received for each fund of the city, and shall keep a sep- arate account of each fund and credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay Section 64. No money can be lawfully paid out of tlie city treasury ex- cept upon warrants drawn according to the charter. In McCormick vs. Bay City, 2i Mich.. 457, it was held that money paid by the treasurer without such warrant, even if it were legally due could not be charged to tha city by the treasurer. 28 CHARTER OF THE every warrant out of the particular fund constituted or raised for the purpose for which the warrant was issued, and having the name of such fund, the name of the payee, and the time of maturity indorsed thereon by the city clerk. He shall cancel such warrants when paid, and shall collect all taxes levied or assessed in the city. For the purpose of the collection and return of all taxes, and the return of property delinquent for the non-payment of taxes, and for the purpose of suits for the collection of taxes, the said treasurer, on giving the bonds or surety so required by the charter or any law of the State, shall pos- sess all the powers and perform all the duties of the sev- eral township treasurers of this State, as prescribed by law, and shall also perform such other duties, respecting the collection and return of taxes, as this act imposes. Section 65. The treasurer shall render to the city clerk on the first Monday of every month, and oftener if required, a report of the amounts received and credited by him to each fund, and on what account received; the amounts paid out by him from each fund during the pre- ceding month, and the amount of money remaining in each fund on the day of his report; such report shall be accom- panied with a certificate from the cashier of the bank in which the moneys of the city may be deposited, showing the amount of money in the bank to the credit of the city on the day on which the treasurer's report is made. He shall also exhibit to the common council, annually, on the first Monday in March, and as often and for such period as the common council shall require, a full and detailed ac- count of (he receipts and disbursements of the treasury since the date of his last annual report, classifying them by the funds to which receipts are credited and out of which such disbursements are made, and the balance re- maining in each fund, which account shall be filed in the office of the city clerk and shall be published in one or more of the newspapers of the city. He shall file all 32 CHARTER OF THE keep a full record of all the proceedings of the common council, and perform such other duties relating to his office as the common council may direct. In the absence of the clerk or his deputy from any session of the common coun- cil, the common council shall appoint one of their number to act as clerk during said session. Section 73. The common council shall be the judge of the election, returns and qualifications of its own mem- bers. It shall hold regular stated meetings for the tran- saction of business at such times and places within the city as it shall prescribe, not less than one of which shall be held in each month. The city clerk, by the direction of the mayor or the president of the common council, or on the written request of three aldermen, shall call special meetings of the council, notice of which, in writing, shall be given to each member, or be left at his place of resi- dence, at least two hours before the meeting. Section 72. The clerk's record should he full and complete. Where the charter requires a majority vote, the number if not the names of voters on each side should be recorded: MeCormlek vs. Bay City, 23 Mich., 457. The record should be its own interpreter: Rood vs. School District, etc., 1 Doug., 502; Allen vs. Carpenter, 15 Mich., 25, 33. No inference can be drawn from an ambiguous record: Sherman vs. Palmer, 37 Mich., 50D, and no con- jecture is admissable when charter requires a record: Yelverton vs. Steele, 36 Mich.,62. Verbal evidence is not admissible to contradict the records: Stevenson vs. Bay City, 20 Mich., 44; Hall vs. People, 21 Mich., 456, although mistakes, it would seem, may be corrected: Hall vs. People, 21 Mich., 456, and omissions in the record may be supplied: Taymouth vs. Koehler, 35 Mich.. 22, but evidence of oral instructions, given a street commissioner in open session are excluded: Davis vs. Jackson, 61 Mich.. 530. The record may be contradicted as to the terms of an oral proposition made to the council by a citizen: Long vs. Battle Creek, 39 Mich., 323. The importance of the records being complete in every detail is emphasized in McCormick vs. Bay City, 23 Mich., 457, where the court says: ''Very much of the litigation against municipal bodies is due to the carelessness of the keepers of their records." Section 73. The council is the final judge of the election and qualifica- tion of its own members and its decision cannot be reviewed by the courts: People vs. Harshaw, 60 Mich., 200; Alter vs. Simpson, 46 Mich., 138; People vs. Fitzgerald, 41 Mich., 2, and a subsequent council cannot grant a rehear- ing of the case: Doran vs. DeLoug, 48 Mich.. 5-52, A meeting held at any time without notice when all the members of the council are present and consenting to such meeting would seem to be legal; Hulln vs. People, 31 Mich., 323. CITY OF ANN ARBOR. 33 Section 74. All meetings and sessions of the council shall be in public. A majority of the members elect shall make a quorum for the transaction of business; a less number may adjourn from time to time, and may compel the attendance of absent members in such manner as may be prescribed by ordinance; but no office shall be created or abolished, nor any tax or assessment be imposed, street, alley or public ground be vacated, real estate or any in- terest therein sold or disposed of, or private property be taken for public use, unless by a concurring vote of two- thirds of all the members elect; nor shall any vote of the council be reconsidered or rescinded at a special meeting, unless there be present as many members as were present 'when such vote was taken. No money shall be appropri- ated except by ordinance or resolution of the council; nor shall any resolution be passed or adopted except by a vote of the majority of all the members elect, except as herein otherwise provided. Section 75. The council shall prescribe the rules of its own proceedings and keep a record on the journal thereof. All votes of appointments to office and measures incurring expense, and on the adoption of all ordinances, shall be taken by yeas and nays, and be so entered upon the journal as to show the names of those voting in the affirmative and those in the negative. Any one member of the council shall have the right to demand the yeas and nays on any question, and all votes shall be entered at large on the journal; and within one week after any meeting of the council, all the proceedings and votes taken thereat shall be published in one or more newspa- pers of the city. Section 74. A majority of the members elect would be seven and it is necessary that seven members of the council vote for each resolution passed; McCormick vs. Bay City, 23 Mich., 463. Section 75. All proceedings of the council should be in writing. They must not be left In parol: Moser vs. White, 29 Mich., 59: Powers Appeal, 29 Mich., 504. It is imperative that the yeas and nays be entered upon the re- cord in order to sustain the proceedings of the council: Strikert vs. East Saginaw,22 Mich., 104. CITY OF ANN ARBOR. 35 required by law to be kept elsewhere), to be deposited and kept in the office of the city clerk, and to be so arranged, filed and kept as to be convenient of access and inspec- tion; and all such records, books and papers shall be sub- ject to inspection by any inhabitant of the city or other person interested therein, at all seasonable times, except such parts thereof as in the opinion of the council it may be necessary for the furtherance of justice to withhold for the time being. Any person who shall secrete, injure, deface, alter or destroy any such books, records, docu- ments or papers, or expose the same to loss or destruction with intent to prevent the contents or true meaning or import of any thereof from being known, shall, on convic- tion thereof, be punished by imprisonment in the State prison, not longer than one year, or by fine not exceeding one thousand dollars, or by both such fine and imprison- ment, in the discretion of the court. Section 82. No member of the common council shall, during the period for which he was elected, be ap- pointed to or be competent to hold any office, the emolu- ments of which are to be paid from the city treasury or be paid by fees under any act or orJinance of the common council, or be bondsmen or surety on any contract or bond given to said city; but this section shall not be construed to deprive any member of any emoluments or fees to which he may be entitled by virtue of his office. Any member of the council offending against the provisions of this section, shall, upon conviction thereof, be fined not exceeding five hundred dollars, or be imprisoned in the county jail not less than one nor more than six months, or both, in the discretion of the court, and shall forfeit his office. Section 83. Any person appointed to office by the mayor, by authority of this act, may be suspended by the mayor or removed by him with the consent of the major- ity of the members elect of the council, and the council may expel any alderman or remove from office any person 36 CHARTER OF THE elected thereto, except justices of the peace, by a concur- ring vote of two thirds of all the aldermen elect. In case of elective officers, provision shall be made by ordinance for preferring charges and trying the same, and no re- moval of an elective officer shall be made unless a charge in writing is preferred, and an opportunity given to m ike a defense thereto. Section 84. To enable the council to investigate charges against any officer, or such other matter as it may deem proper to investigate, the mayor or any justice of the peace is empowered, at the request of the council, to issue subpoenas or process by warrant to compel the attendance of persons and the production of books and papers before the council or any committee. Section 85. Whenever the council, or any committee of the members thereof,,are authorized to compel the at- tendance of witnesses for the investigation of matters which may come before them, the presiding officer of the council or chairman of such committee for the time being, shall have power to administer the necessary oaths; and such council or committee shall have the same power to compel witnesses to testify as is conferred on courts of justices of the peace. Section 86. The council shall audit and allow all ac- counts chargeable against the city, but no claim not certi- fied to by the city official ordering the work done or the purchase made shall be received for audit or allowance, unless it shall be accompanied by an affidavit of the per- son presenting it that the services therein charged for have been actually performed, or the goods delivered to the city, that the sums charged are reasonable and just, and that to the best of his knowledge and belief no set-off ex- ists, nor payment has been made on account thereof, ex- cept such as are endorsed or referred to in such account or claim. And every such account shall exhibit in detail all the items making up the amount claimed and the true 38 CHARTER OF THE lish, amend and repeal such ordinances, by-laws and regu- lations as they may deem desirable, within said city, for the following purposes: First. To prevent vice and immorality, to preserve public peace and good order, to organize, maintain and regulate a police of the city, to prevent and quell riots, disturbances and disorderly assemblages, to prevent the violation of the Sabbath and the disturbance of any re- ligious congregation, or any other public meeting assem- bled for any lawful purpose. To license newsboys, pro- hibit the sale of indecent and obscene newspapers, or other indecent and obscene publications, and authorize the seizure and destruction of the same; Second. To restrain and prevent disorderly and gam- ing houses and houses of ill-fame, and seize all instru- ments and devices used for gaming, and to prohibit all mock auctions, gaming and fraudulent practices and de- vices, and to regulate and restrain billiard tables and bowling alleys; Third. To forbid and prevent the vending or other disposition of liquors and intoxicating drinks in vio- lation of the laws of this State, and to forbid the selling or giving to be drank, any intoxicating .or fermented liquors to any common drunkard, or to any child or young person, and to prohibit, restrain and regulate the sale of Section 88. To give effect to these general powers appropriate ordi- nances regulating their exercise must be enacted: Jackson vs. People, 9 Mich., 111. The ordinance should conform as nearly as possible to state leg- islation on the same subject matter. New and extraordinary remedies can- not be provided in ordinances unless the power to provide such remedies is expressly given, and all ordinances and by-laws must be reasonable: Welch vs. Stowell, 2 Doug., 332. A city can exercise only those powers expressly granted it by its charter or by necessary implication: Detroit vs. Blackeby, 21 Mich., 84, and where the charter enumerates powers which the council may render effectual by providing penal prosecutions, the specific enumer- ation implies an exclusion of the right to impose penalties in other cases: Grand Rapids vs. Hughes, 15 Mich., 54. Second, The council cannot provide for the suppression of disorderly houses by destroying the buildings. It is not the building but the evil prac- ticed in it which constitutes the offence: Welch vs. Stowell, 2 Doug., 332. CITY OF ANN ARBOR. 39 all goods, wares, and personal property at auction, except in cases of sales authorized by law, and fix the fees to be paid by and to auctioneers; Fourth. To prohibit, restrain and regulate all sports, exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses, or other public performances and exhibitions for money, except exhibi- tions of agricultural, educational or religious societies or associations, or local musical societies; Fifth. To abate or remove nuisances of every kind, and to compel the owner or occupant of any grocery, tal- low-chandler shop, butcher's stall, slaughter-house, glue, starch or soap factory, establishment for rendering tallow, lard or oil, and all establishments where any nauseous, offensive or unwholesome business may be carried on, blacksmiths', coopers', cabinet makers', carpenters' and joiners' shops, and all buildings, business, and establish- lishments of any kind usually classed as extra hazardous in respect to fire; tannery, stable, privy, hog-pen, sewer, or any other offensive or unwholesome house or place, to cleanse, remove or abate the same from time to time, as often as the health, comfort or convenience, or safety of the inhabitants of said city may require; Sixth. To direct the location of all slaughter-houses, markets, stables, and buildings for storing gun-powder or other combustible or explosive substances; Section 88. Fifth, Declaring a tiling a nuisance does not make it so, if it is not a nuisance in fact: Horn vs. People, 20 Mich., 221. Obstructions in the street are not necessarily nuisances: People vs. Carpenter, i Mich., 273, whether they are or not is a question of fact. If the rights of a private in- dividual or the adjacent owners merely are effected, the remedy can only be by private action: People vs. Jackson, 7 Mich., 432; Messersmldt vs. People, 46 Mich., 437. Whatever competent authority permits, cannot be treated as a nuisance: G. R. & I. R. R. vs. Heisel,38 Mich., 62; Hawkins vs. Saunders, 45 Mich., 491. Property is not to be destroyed In abating nuisances until its destruction is lawfully ascertained to be necessary to stop the nuisance: Shepard vs. People, 40 Mich., 487. A wooden awning in front of a store is not per se to be treated as a nuisance: Hawkins vs. Saunders, 45 Mich., 491. CITY OP ANN ARBOR. 41 large of dogs, and to impose taxes on the owners of dogs, and to prevent dog fights in the city; Fifteenth. To prohibit any person from bringing or depositing within the limits of said city any dead carcases or other unwholesome or offensive substances, and to re- quire the removal or destruction thereof; and if any per- son shall have on his premises such substances or any putrid meats, fish, hides, or skins of any kind, and shall neglect or refuse to remove the same when ordered: To authorize the removal or destruction thereof, as a public nuisance, by some officer of the city; Sixteenth. To compel all persons to keep sidewalks in front of premises owned or occupied by them, clear from snow, ice, dirt, wood or other obstructions'; Seventeenth. To regulate the ringing of bells and the crying of goods and other commodities for sale at auction or otherwise, and to prevent disturbing noises in the streets; Eighteenth. To appoint and prescribe the powers and duties of watchmen, and the fines and penalties for their delinquencies; Ninteenth. To prohibit, restrain or regulate within such parts of the city as they may deem expedient, and prescribe the building, rebuilding, enlarging, repairing or placing of wooden buildings therein; to regulate and es- tablish the line upon which buildings may be erected upon any street, lane or alley in said city, and to compel such buildings to be erected upon such line, by fine upon the owner or builder thereof, not to exceed five hundred dollars; Twentieth. To provide for obtaining, holding, regula- ting and managing burial grounds, within or without the city, when established for the benefit thereof; and to reg- ulate the burial of the dead, and to compel the keeping and return of bills of mortality. 42 CHARTER OF THE Twenty-first. To establish, order and regulate mar- ket places; to regulate the vending of wood, hay, meat, vegetables, fruits, fish and provisions of all kinds, and prescribe the time and place of selling the same, and the fees to be paid by butchers for license; to prohibit the sale of unwholesome meat, poultry, fish, vegetables or other articles of food or provisions; impure, spurious or adulterated wine, spirituous liquors or beer, or knowingly keeping or offering the same for sale; and to provide for and regulate the inspection of animals used for food, and the slaughter of the same: 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 preserve public reservoirs, wells, penstocks and pumps, and to pre- vent the waste of water; and to authorize and empower, under such regulations and upon such terms and condi- ditions as they may choose, the laying of water pipes in the streets and alleys of the city, for the purpose of sup- plying the inhabitants of said city with water; and to grant such exclusive privileges as they may deem expedi- ent to any company organized to supply said city and its inhabitants with water; and to contract with such com- pany to supply the city with water for fire and other public purposes; Twenty-third. To regulate sextons and undertakers for burying the dead; cartmen and their carts, hackney carriages and their drivers, omnibuses and their drivers, scavengers, porters and chimney sweeps and their fees and compensation; and to make regulations for preventing auctions, peddling, pawnbrokerage, or using for hire carts, drays, cabs, hacks or any kind of carriage or vehicle, or opening.or keeping any tavern, hotel, victualing house, iSeOTiox 88. Twenty-first, A city may impose a license upon markets and upou thosi selling in the public markets: Ash vs. People, 11 Mich., 347. CITY OF ANN ARBOR. 43 saloon or other house or place for furnishing meals, food or drink, or billiard tables or ball alleys, without first ob- taining from the common council license therefor; for licensing and regulating carts, drays, oabs, hacks, and all carriages or vehicles kept or used for hire; auctioneers, peddlers, pawnbrokers, auctions, peddling, pawnbrokerage, taverns, hotels, victualing houses, saloons and other houses for furnishing meals, food or drink, and keepers of billiard tables and ball alleys not used lor gaming; Twenty-fourth. To prevent runners, stage-drivers and others from soliciting passengers and others to travel or ride in any stage, omnibus, or upon any railroad, or to go to any hotel or otherwhere; Twenty fifth. To make regulations for the lighting of the streets and alleys and the protection and safety of public lamps; Twenty sixth. To provide for and regulate the num- bering of the buildings upon the streets or alleys, and to compel the owners or occupants of buildings to affix num- bers on the same; Twenty-seventh. To prescribe the duties of all offi- Section 88 Twenty-third, As to the right of the city to impose licenses see (Jooley on Taxation, 2d edition, 597; Kitsou vs. Ann Arbor, 28 Mich., 325; Ash vs. People, 11 Mich.,347. The courts will not review municipal discre- tion as to the amount of the license fees when it lias not been abused. An annual license fee of $200 on the business of a pawnbroker is held legal and not an abuse of the license power: Van Baalen vs. People, 40 Mich., 258; Wolf vs. Lansing, 53 Mich., 367. A saloon is a place of refreshment and not necessarily a place for selling intoxicating liquors. An ordinance of the city of Ann Arbor requiring saloon keepers to take out a license and pay a substantial license tax is not In violation of the clause of the constitution forbidding licenses for the sale of intoxicating liquors: Kitson vs. Ann Arbor, 28 Mich.,325. In Wolf vs. Lansing, 51 Mich., 367, a license of $100 in addition to the state tax for selling intoxicating liquors was sustained by the court and held not excessive. Section 88. Twenty-fourth, In NapmaD vs. Detroit, 19 Mich., 352, when an employee of a hack line had entered a depot in violation of a city ordi- nance, it was held that lawful arrangements made between the railroad company and hackmen to be performed on the company's premises are ex- empt from municipal interference, and ordinances attempting such inter- ference are invalid. 44 CHARTER OF THE cers appointed by the common council, and their compen- sation, and the penalty or penalties for failing to perform such duties, and to prescribe the bonds and sureties to be given by the officers of the city for the discharge of their duties, and the time for executing the same in cases not otherwise provided for by law; Twenty eighth. To provide for the cleansing and preserving of the salubrity of the waters of the Huron river, or other streams within the limits of the city; to fill up all low grounds or lots covered, or partially cov- ered with water, or to drain the same, as they may deem expedient; Twenty-ninth. To prescribe and designate the stands for carriages of all kinds, which carry persons for hire, and carts and carters, and to prescribe the rates of fare and charges, and the stand or stands for wood, hay and produce exposed for sale in said city; Thirtieth. To provide for taking a census of the in- habitants of said city, whenever they may see fit, and to direct and regulate the same; Thirty-first. To establish a grade for streets and sidewalks and cause the sidewalks to be constructed in accordance with the same; Thirty-second. To prescribe the duties of sealer of weights and measures, and the penalty for using false weights and measures, and all the laws ot this state in re- lation to the sealing of weights and measures shall apply to said city, except as herein otherwise provided; Thirty-third. To direct and regulate the construction of cellars, barns, private drains, sinks and privies; to compel the owner or occupant to fill up, drain, cleanse, alter, relay or repair the same, or to cause the same to be done by some proper officer of the corporation, and to assess the expenses thereof on the lot or premises having such cellar, barn, dram, sink, or privy thereon. CITY OF ANN ARBOR. 45 Thirty-fourth. To provide for the protection and care of poor persons and of paupers, and to prohibit and prevent all persons from bringing or sending to the city from any other place any pauper or other person likely to become a charge upon said city, and to punish therefor; to provide by ordinance for the election or appointment of an overseer of the poor for the city, and to prescribe his duties and vest him with such authority as may be proper for the exercise of his duties, and to provide for the organization of a board of poor commissioners, who shall serve without compensation. Thirty-fifth. To provide for and change the location and grade of street crossings of any railroad track, and to compel any railroad company or street railway company to raise or lower their rail road track to conform to street grades, which may be established by the city from time to time, and to construct street crossings in such a man- ner as the council may require, and to keep them in re- pair; also to require and compel railroad companies to keep flagmen or watchmen at all railroad crossings of streets, and to give warning of the approach and passage of trains thereat, and to light such crossings during the night; to regulate and prescribe the speed of all locomo- tives and railroad trains within the city; but such speed shall not be required to be less than four miles an hour, and to impose a fine of not less than five or more than fifty dollars upon the company, and upon any engineer or conductor violating any ordinance regulating the speed of trains. ORDINANCES. Section 89. The style of all ordinances shall be, "The common council of the city of Ann Arbor ordain." All ordinances shall require, for their passage, the concur- rence of a majority of all the members elect. The time when any ordinance shall take effect shall be prescribed therein. Such time, when the ordinance imposes a 46 CHARTER OF THE penalty, shall not be less than ten days from the date of its publication, as hereinafter provided. Section 90. Whenever by the provisions of this act, the common council shall be authorized to pass ordi- nances for any purpose, they may prescribe fines, penal- ties, and forfeitures for the violation of the same, not ex- ceeding one hundred dollars, or imprisonment not exceed- ing ninety days or both in the discretion of the court. Such imprisonment may be in the common jail of the County of Washtenaw, in the city lock-up or in the De- troit House of Correction. The fine, penalty or imprison- ment, for the violation of any ordinance, shall be pre- scribed therein, and during such imprisonment all such offenders may be kept at labor. Section 91. On the day next after the passage of any ordinance, the clerk of the common council shall present the same to the mayor or other person performing the duties of the mayor, for his approval. No ordinance shall be of any force without the written approval of the mayor or other person performing for the time being the duties of his office, unless he omit to return it to the clerk of the common council with his objections thereto within ten days after its presentation to him in which case it shall be deemed regularly enacted. If after the return of the ordinance with the objections thereto, as aforesaid, the same shall be passed or re-enacted by a vote of two-thirds of all the members elect of the common council, the ordi- nance shall be deemed regularly enacted, and the time of its re-enactment shall be deemed to be the time of its passage. Section 92. At the time of presenting any ordinance Section 89 The omission of the enacting clause does not necessarily nullify the ordinance: People vs. Murray. 57 Mich., 396. It requires seven members of the council voting affirmatively to pass an ordinance . The or- dinance must be in writing before it can be acted upon: Stevenson vs. Bay City, 26 Mich., 44. See notes to Section 75. It is indispensible that every or- dinance should express the time when it shall take effect: Van Alstine vs. People, 37 Mich., 523. CITY OP ANN ARBOR. 41 to the mayor for his approval, the clerk of the cominon council shall certify thereon, and also in the journal or record of the proceedings of the council, the time when the same was presented, and shall also certify thereon and in such journal or record, the time of the return of such ordinance, whether approved or with objections, and shall at the next meeting of the common council report any ordinance returned, with the objections thereto. Section 93. No repealed ordinance shall be revived unless the whole or so much as is intended to be revived, shall be re enacted. When any section of an ordinance is amended, the whole section as amended shall be re-en- acted. Section 94. All ordinances when approved by the mayor, or when regularly enacted shall be immediately recorded by the clerk of the common council in a book to be called "the record of ordinances," and it shall be the duty of the mayor and clerk to authenticate the same by their official signatures upon such record. Section 95. Within one week after the approval or final passage of any ordinance the same shall be published in one or more newspapers printed and circulated within the city, and the clerk shall, immediately after such pub- lication, enter on the record of ordinances in a blank space to be left for such purpose under the recorded ordinance a certificate stating in what newspaper and of what date such publication was made and sign the same officially, and such certificate shall be prima facie evidence that legal publication of such ordinance has been made. Section 96. In all courts having authority to hear, Section 91. Failure to make the record here required does not invali- date the ordinance: Stevenson vs Bay City, 26 Mich., 44. Section 95. Publication is necessary to the validity of an ordinance: Van Alstine vs. People, 37 Mich., 523. The same case also decides that where the ordinance requires to be published two weeks, publication In two issues of a weekly paper will not be legal if it is shown that less than two weeks' notice is actually given. 48 CHARTER OF THE try, or determine any matter or cause arising under the ordinances of said city, and in all proceedings in said city relating to or arising under the ordinances, or any ordi- nance thereof, judicial notice shall be taken of the enact- ment, existence, provisions and continuing force of the ordinance of the city; and whenever it shall be necessary to prove any of the laws, regulations or ordinances of said city, or any resolution adopted by the common council, the same may be read in all courts of justice and in all the proceedings: First, from a record thereof kept by the city clerk in the record of ordinances; Second, from a copy thereof, or of such record thereof, certified by the city clerk under the seal of the city; Third, from any volume of ordinances purporting to have been written or printed by the authority of the council. ENFORCEMENT OF ORDINANCES. Section 97. The corporation of the city of Ann Arbor shall be allowed to use the common jail of the county of Section 96. Unless required by statutes courts cannot take judicial no- tice of municipal ordinances unless proved before them: Motz vs Detroit, 18 Mich., 495. The state law places ordinances on the same footing as general laws, so far as relates to the proving of their contents: Howell's Statutes, Sec.7527. An ordinance may be proved from a printed copy thereof: Nap- man vs. People, 19 Mich., 352. See Van Alstine vs. People 37 Mich., 523. Section 97. Violation of city ordinances are not criminal offenses, nor are prosecutions under them criminal causes: Mixer vs. Supervisors of Manistee, 26 Mich., 422. Cases under city ordinances cannot be taken to the supreme court by writ of error or exceptions but must come up on certio- rari: People vs. Jackson, 8 Mich., 110, 262. But after voluntary payment of fine the proceedings cannot be reviewed on certiorari: People vs. Leavitt, 41 Mich., 470. Prosecutions for violation of city ordinances are penal actions on the part of the city and must be brought in the name of the city: Cooper vs. People, 41 Mich., 403. A city is not bound by neglect of its officers in en- forcing its ordinances: Detroit vs. Fort Street & Elmwood Railway Com- pany, 41 Mich., 413. An injunction will not lie to restrain the threatened violation of an ordinance, unless the act threatened to be done, would if carriedout.be a nuisance: St. Johns vs. McFarlan, 33 Mich., 72. Expenses for prosecuting and punishing violations of city ordinances are city and not county charges and even in the absence of the express provision of the charter, the city is liable to pay for them. The right to use the jail does not charge the county with expense: Mixer vs. Supervisors of Manistee, 26 Mich., 422. CITY OF ANN ARBOR. 49 Washtenaw for the imprisonment of all persons liable to imprisonment under the ordinances of said city, and all persons committed to jail by any justice of the peace for a violation of any such ordinance shall be in the custody of the sheriff of the county, who shall safely keep the person so committed until lawfully discharged, as in other cases. Whenever, by the terms of any ordinance of said city, it is provided that any person convicted of a violation thereof, shall be imprisoned, said person may be confined in the county jail of the county of Washtenaw, a city lock up, or in the House of Correction in the City of Detroit, in the dis- cretion of the court: Provided, That the said city ot Ann Arbor shail pay all the expenses of imprisoning persons charged with the violation of city ordinances. Section 98. Whenever any person shall be charged with having violated any of the by laws or ordinances of the city, by which the offender is liable to imprisonment, any justice of the peace residing in said city, to whom complaint shall be made, in writing, and on oath, shall issue a warrant directed "to the city marshal, policeman or any constable of the City of Ann Arbor," commanding him forthwith to bring the body of such person before him to be dealt with according to said laws or ordinances of the city, and the marshal or other officer to whom said warrant shall be delivered for service is hereby authorized and required to execute the same, in any part of the state where such offender may be found, under the penalties which are by law incurred by sheriffs and other officers for neglecting or refusing to execute other criminal process and the proceedings relating to the arrest and custody of the offender pending trial, the pleadings and all proceed- ings upon the trial of such cause, and the rendition of judgment and the execution thereof shall, except as other- wise provided by this act, be governed by, and conform as nearly as may be to the provisions of law relating to pro- ceedings in criminal causes cognizable by a justice of the peace under the general laws of this state. CITY OF ANN ARBOR. 51 Section 102. In all trials before any justice of the peace of any person charged with a violation of any ordi- nance of the said city, either party shall be entitled to a jury of six persons; and all the proceedings for the sum- moning of such jury and in the trial of the cause shall be in conformity, as near as may be, with the mode of pro- ceeding in similar cases before justices of the peace; and in all cases, civil and criminal, the right of appeal from the justices' court to the circuit court of Washtenaw county shall be allowed, and the person appealing shall enter into a recognizance, conditioned to prosecute the appeal in the circuit court, and abide the order of the court therein, or such other recognizance as is or may be required by. law in appeals from justices'courts in similar cases: Provided, If any judgment in any action shall be rendered against the city by any justice of the peace, such judgment may be removed by appeal to the circuit court 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 on behalf of the said city. • Section 103. All fines imposed by any ordinance of said city may be sued for by the city attorney in the name of the corporation before any justice of the peace of said city; and whenever any fine shall be imposed by any jus- tice of the peace for a violation of any ordinance of said city, it shall be the duty of the justice forthwith to issue execution to the marshal of the city, commanding him to collect of the goods and chattels of the person so offending, the amount of such fine, with interest and costs, and for want of goods and chattels wherewith to satisfy the same, that he take the body of the defendant and commit him to the common jail of the county, or to the House of Correc- tion in the City of Detroit, in the discretion of the court, to be safely kept by the officer in charge thereof until said Section 103. See Sheldon vs. Hill, 33 Mich., 171. 52 CHARTER OF THE defendant be discharged by due course of law; and the defendant shall remain imprisoned until the execution, with all the costs and charges thereon shall be paid, or he be discharged by due course of law: Provided, That the common council may remit such fine, in whole or in part, if it shall be made to appear that the person so imprisoned is unable to pay the same. Section 104. All fines, penalties or forfeitures recov- ered before any of said justices for a violation of the ordi- nances of said city shall, when collected, be paid into the city treasury; and each of said justices shall report, on oath, to the common council, on the first Mondays of Jan- uary, April, July and September, during the term for which he shall perform the duties of such justice, the num- ber and name.of every person against whom judgment shall have been rendered for such fine, penalty or forfeit- ure, and all moneys so received, or which may be in his hands, collected on such fine, penalty or forfeiture shall be paid into the city treasury on the first Monday of the months above named, 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 hereinbefore provided. Section 105. All persons being habitual drunkards, destitute, and without any visible means of support, and who, being such habitual drunkards, shall abandon, neg- lect, or refuse to aid in the support of their families, being complained of by such families, all able-bodied and sturdy beggars who may apply for alms or solicit charity, all per- sons 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 Section 104. B'ines collected under the city ordinances belong to the city and not the county: Fennell vs. Bay City, 36 Mich., 186. The courts draw a clear distinction between violations of the ordinances and violations of the charter. The charter is a state law and fines for its violation go into the county treasury: Wayne County vs. Detroit, 17 Mich., 390. CITY OP ANN ARBOR. 53 of themselves, all common brawlers and disturbers of the public quiet, and all persons who beg from door to door or in the streets of said city, shall be deemed vagrants, and may upon conviction before any justice of the peace in said city, be sentenced to confinement in the county jail of said county, the city lock-up, or the House of Correc- tion in the City of Detroit, for such time, not exceeding sixty days, as the common council shall by ordinance pre scribe. Section 106. All persons who shall have actually abandoned their wives or children in said city, or may neg- lect to provide according to their means, for their wives or children, are hereby declared to be disorderly persons, within the meaning of chapter fifty-five of the compiled laws of eighteen hundred and seventy-one, as amended, and may be proceeded against in the manner directed by said title; and it shall be the duty of the magistrate be- fore whom any such person may be brought for examina- tion, to judge and determine from the facts and circum- stances of the case whether the conduct of said person amounts to such desertion, or neglect to provide for his wife or children. POLICE. Section 107. The common council of said city may provide by ordinance for a police force, and for the ap- pointment by the mayer, by and with the consent of the council, of such numbers of policemen or nightwatchmen as they may deem necessary for the good government of the city, and for the protection of the persons and prop- erty of the inhabitants; and may authorize the mayor to appoint special policemen from time to time, when in his judgment the emergency or necessity may so require, and may provide for and appoint subordinate officers for the police and nightwatchmen. Section 108. The common council may make and establish rules for the regulation and government of the 4 54 CHARTER OF THE police, prescribing and defining the powers and duties of policemen and nightwatchmen, and shall prescribe and enforce such police regulations as will most effectually preserve the peace and order of the city, preserve the in- habitants from personal violence, and protect public and private property from destruction by fire and unlawful depredation. And the mayor may, whenever he shall deem it necessary for the preservation of peace and good order in the city, appoint and place on duty such number of temporary policemen as in his judgment the emergen- cies of the case may require; but such appointments un- less made in accordance with some ordinance or resolution of the common council, shall not continue longer than three days. Section 109. The city marshal, as chief of police under the direction of the mayor, shall have the superin- tendence and direction of the policemen and nightwatch- men, subject to such regulations as may be prescribed by the common council. Section 110. It shall be the duty of the police and nightwatchmen and officers of the force, under the direc- tion of the mayor and chief of police, and in conformity with the ordinances of the city, to suppress all riots, dis- turbances and breaches of the peace, to apprehend any and all persons in the act of committing any offense against the laws of the State or any ordinance of the city, and to take the offender forthwith before the proper court or magistrate to be dealt with for the offense; to make complaint to the proper officers and magistrates of any person believed to be guilty of the violation of the ordi- nances of the city or the penal laws of the state, and at all times diligently and faithfully to enforce all such laws, ordinances and regulations for the preservation of good order and the public welfare as the council may ordain, and to serve all process issued under any city ordinance Section 110. As to arrests without process see note to See. 61. CITY OF ANN ARE OS. and directed to them for service, and for sueh purposes the chief of police and every policeman and nightwatehinan shall have all the powers of constables and may arrest upon view and without process any person in the act of violat- ing any ordinance of the city, or in the commission of any offense against the laws of the State. Section 111. The mayor may suspend any policeman or nightwatchman for misconduct, or other sufficient cause, and with the consent of the common council may remove from office any policeman at any time. When employed in the performance of duty the policeman shall receive such compensation therefor from the city as the common council may prescribe. CEMETERIES. Section 112. Said city may acquire, hold, and own such cemetery or public burial place or places, either within or without the limits of the corporation as in the opinion of the common council shall be necessary for the public welfare and suitable for the convenience of the in- habitants. The common council may prohibit the inter- ment of the dead within the city, or may limit such inter- ments therein to such cemetery or burial place as they may prescribe; and may cause anybodies buried within the city in violation of any rule or ordinance made in re- spect to such burials, or when public policy shall demand, to be taken up and buried elsewhere. Section 113. The common council may, within the limitations in this act contained, raise and appropriate such sums as may be necessary for the purchase of ceme- tery grounds, and for the improvement, adornment, pro- tection, and care thereof. Section 114. The common council may pass and en- force all ordinances necessary to carry into effect the pro- visions herein contained, and to control and regulate such cemetery or burial place or improvement thereof, and to protect the same and the appurtenances thereof from in ■ 58 CHARTER OF THE sewers and drain? shall be constructed in the public streets and grounds and at public expense. Section 121. Whenever the council shall deem it necessary for the public health they may require the own- ers and occupants of lots and premises to construct pri- vate drains therefrom to connect with some public sewer or drain, thereby to drain such lots and premises, and to keep such private drains in repair and free from obstruc- tion and nuisance; and if such private drains are not con- structed and maintained according to such requirements, the common council may cause the work to be done at the expense of such owner or occupant, and the amount of such expense shall be a lien upon the premises drained, and may be collected by special assessment to be levied thereon; the common council shall have the power to compel the use of dry earth closets by the owners and oc- cupants of lots and premises, enforce the use of the same Section 120. In Dermot vs. Detroit, 4 Midi., 435. the court says: "The powers granted * * * for the construction of sewers in volve the exer- cise of discretion on the part of municipal authorities, and should be em- ployed for the benefit ol the public at large and not for the private conven- ience or advantage of individuals; nor are the officers of a municipal cor- poration Justified in the exercise of those powers except in reference to the public demands. The sewers are built as well for sanitary purposes as for drainage for the benefit of the public at large; and the city owes no legal duty or obligation to individuals in their construction, maintenance and repair." In this case it is held that a city is not liable to a private individ- ual for the defective construction of a sewer. The city is not obligated to furnish drainage for an individual. But the city is liable for damages If a sewer is so constructed as to flood private premises with water which otherwise would not have flowed there: Ashley vs. Port Huron, 35 Mich., 296. And a city cutting ditches in such a way as to cast and maintain water on private property would be liable for the continuance of the nui- sance: Pennoyer vs. Saginaw. 8 Mich., 534. Lot owners are not entitled to compensation for the use of abutting street for the construction of sewers: Warren vs. Grand Haven, 30 Mich., 24. The sewers of a city are the pri- vate property of the city in which the outside public have no interest as they have in public highways. Hence the city is liable for accidents to persons lawfully using the highways caused by negligence during the construction of the works even though the works are constructed by a contractor who is bound by his contract to keep the excavations fenced In: Detroit vs. Corey, 9 Mich., 165. The city may provide an outlet for sewerage beyond the city limits: Coldwater vs. Tucker, 36 Mich., 474. 60 CHARTER OF THE missioners of highways for said city, and shall have all the powers given by statute to highway commissioners, so far as applicable, except as in this act otherwise provided; and shall have the care, supervision and control of the highways, streets, bridges, lanes, alleys, parks and public grounds therein, and of keeping, preserving, repairing, im- proving, cleansing and securing of such highways, bridges, lanes, alleys, parks and public grounds. The common council shall have power by ordinance to regulate the time and manner of working upon the streets; to provide for grading and paving the same; to prevent the obstruc- tion or incumbering of any of the streets, lanes, alleys, sidewalks or public grounds in said city; to provide for the erection, preservation and maintenance of lamp posts and lamps in said streets, and to provide for lighting the same; to provide for the planting and protection of shade trees along the sides of the streets, and on the public grounds jn said city, and to keep such public grounds in Section 126. The streets of a city are public highways designed for the benefit of all persons desiring to travel upon them: Detroit vs. Blackeby. 21 Mich., 84, 106. A highway is a way over which all the people of the State have a right to travel: People vs. Jackson, 7 Mich., 432. A street includes the whole width of public way, and while it is customary to set apart a por- tion for foot passengers it is not necessary, and the whole matter is in the control of the council: Brevoort vs. Detroit, 24 Mich , 322. The court in, Horn vs. People, 26 Mich., 221,223 says, all " highways aresuch solely by mun- icipal law which may establish, regulate and destroy them at all times." To establish a public highway In any city plat there must be an offer to dedi- cate the lands and an acceptance by the public: Field vs. Manchester, 32 Mich., 27!); Detroit vs. Detroit* Milwaukee R. R. Co., 23 Mich., 209; Buskirk vs. Strickland, 47 Mich., 389: County of Wayne vs. Miller, 31 Mich., 447. User by citizens is not enough to constitute an acceptance which must be by the proper municipal authorities: Baker vs. Johnston, 21 Mich.. 319. The acceptance must be made within a reasonable time: Field vs. Manchester, 32 Mich , 279; Cass Supervisors vs. Banks,44 Mich., 467. See note to Howell's Statutes sections 1473 and 1474. An alley is not a high way in the proper sense of the term. It Is a way subject to a modified supervision, liable to be used for drainage, etc., under city regulations, but it is intended only for the conven- ience of adjacent property and not for general use like streets: Paul vs. Detroit, 32 Mich., 108. The council, under the power to control the streets has no right to grant their exclusive use to individuals: People vs. Carpenter, 1 Mich., 291, and it cannot authorize a street to be used for a railroad track without compensa- 62 CHARTER OF THE hearing the persons interested who may appear before them, the common council shall determine to lay out, alter or discontinue any street, lane or alley, or build or vacate any bridge, they may proceed to obtain a release of the right-of way for the proposed street, lane or alley or of the damages accruing to abutting owners in case of a discon- tinuance, or because of the building or vacating any bridge, by gift or purchase. If the terms of such release shall not' be agreed upon, it shall be lawful for the mayor, or in case the mayor shall be absent, for the city clerk to apply to any justice of the peace of said city for the appointment of a.jury of twelve freeholders of the county to appraise the damages thereon to such persons as shall not have re- leased all claim for damages or agreed with the common council on the price to be paid by reason of the establish- ing, laying out, opening, altering or discontinuing such street, common, lane, alley, sidewalk, highway or water- Rapids (decided by Mich. Supreme Court in February 1889.) The grade can be raised without compensation to the adjoining property owners in build- ing a bridge over a railroad track, if the city has power to construct such a bridge, but the construction of such a bridge is not implied from the power to grade streets: Schneider vs. Detroit (decided by Mich. Supreme Court in 1888.) The council cannot delegate the power of fixing the grade of a street to a committee or others: Chilson vs. Wilson, 38 Mich., 267. A street or alley must be opened for public use before a city ordinance can punish the obstruction of it: Jackson vs. People. 0 Mich., Ill; Beecher vs. People, 38 Mich., 289. The land owners adjacent to a cul de sac have the right to close it: Tillman vs. People, 12 Mich.,401. "Encroaching," on the highway is inclosing a portion of it by walks or fences or occupying it by buildings; "obstructing" the highway is the placing of impediments in the street so as to m*ke its passage difficult or dangerous: Grand Rapids vs. Hughes 15 Mich.. 54. The title to land can not be tried in a suit for violation of a city ordinance: Beecher vs. People, 38 Mich., 289; Horn vs. People, 26 Mich., 221. Nor can the city remove obstructions from land dedicated to public use as a street, but held adversely to the public: Bay County vs. Bradley, 39 Mich., 163; Grand Rapids vs. Whittlesey, 3) Mich., 109. The city cannot determine for itself the rights of the public in a case of disruted encroachment. When a person is in peaceable possession of land under color and claim of right it is not consistent with legal policy to allow him to be forcibly ejected without legal process: Sheldon vs. Kalamazoo, 24 Mich., 383. See Clark vs. Lake St. Clair and New Up River Ice Company, 24 Mich., 508. The law favors the planting and preservation of shade trees. If they CITY OP ANN ARBOR. 63 course, or building, or vacating any bridge. Upon the re- ceipt of such application, said justice shall make a list of twelve disinterested freeholders residing within the county, and shall issue venire, under his hand, directed to the marshal of said city, or any constable of said county, com- manding the officer therein named to summon the persons named in said list to be and appear at his office on some day to be named therein, not less than six days nor more than twelve days from the time of the issuing the same, to serve as jurors to appraise the damages occasioned by tak- ing the property described in such application for the pur- pose of such street, common, lane, alley, sidewalk, highway, watercourse or bridge, or for discontinuing the same; and if all the jurors shall not appear, the said justice shall cause a sufficient number of talesmen to be summoned to make a full jury. The jurors shall be sworn by such jus- tice to appraise the damages occasioned by taking the property described in such application /or the purpose aforesaid, or by any discontinuance. They shall proceed to view the premises described, and shall, within five days thereafter, make returns to the said justice in writing, signed by them, of their doings, which shall state the amount of damages awarded, if any, to whom payable, if known, and a statement of the time spent by them for that purpose, which return shall be certified by said justice and filed in the office of the clerk. Such jurors shall be en- titled to receive one dollar per day and fifty cents for each half day, and six cents a mile for each mile actually trav- eled, and the justice and the marshal or constable each one dollar for their fees; and the award of said jury shall be final and conclusive. The damages which shall have been awarded as heretofore provided, or which shall have been are in a highway and must be removed, notice must be given to the owner of the adjacent land and a reasonable time given him to remove them. When a street commissioner acts on his own judgment in ordering the trees removed, he must be prepared to justify his action by showing that they were an obstruction and injury to the highway: Clark vs. Dasso, 34 Mich.,86. 64 CHARTER OF THE contracted to be paid by said common council, as in this section provided, and the fees and charges lawfully in- curred shall be levied and collected in said city, and shall be paid on the order of the common council as the other city charges, and such order for damages shall be delivered or tendered to the person or persons in whose favor such award of damages shall be made, if known, and residents of said city, before such street, lane or alley shall be opened or used: Provided, The parties in whose favor an award of damages shall be made are unknown or be non- residents, it shall be sufficient to make award of damages to the unknown owner or owners, or non-resident owner or owners of the parcel of land taken, describing it as the parcel through which the street, lane, alley, sidewalk, bridge or highway may run, and the unknown parties or Section 127. The right to take property for public use is given by the constitution: Const. Art. 15, Sec. 15; Art. 48, Sec. 2. Before such property can be taken it must appear that the taking is necessary for the public use for which it is designed, and the taking can only be on the condition of making just compensation therefore: Sheldon vs. Kalamazoo, 24 Mich., 383; Detroit vs. Beckman, 34 Mich., 126. The amount of the compensation must be determined by the jury, the verdict of which must be unanimous: Paul vs. Detroit, 32 Mich., 108; Powers Appeal, 29 Mich., 504; Campau vs. Detroit, 14 Mich., 283; Hinchman vs. Detroit, 9 Mich., 103. The proceedings must be In strict conformity with the statute and every provision bearing on the rights of the parties to be effected must be observed: People vs. Brighton, 20 Mich., 57; Specht vs. Detroit. 20 Mich., 172; Powers Appeal, 29 Mich., 504. Personal service of the notices of street opening is necessary when such ser- vice can be had within the municipality: Kundinger vs. Saginaw, 59 Mich., 355. This case takes up many questions arising under this section, and decides that a juror who is interested iu having a street opened on account of some special gain or convenience m ly be challenged for cause; it is not necessary for the justice to make affidavit that he is not interested in the street; the right to appeal is not necessary to the validity of this section; the same jury may condemn land belonging to several persons if necessary for the opening of the street as it is not contemplated that more than one jury shall be called upon to determine the necessity of the street. Surplus- age in the notice given will not vitiate it: Sliepard vs. Gates, 50 Mich., 495. But the description of the proposed route must not be uncertain: Blodgett vs. Whaley. 47 Mich., 469. Absence of the proof of notice is fatal: Blodgett vs. Whaley, 47 Mich., 469; Granger vs. Brockway, 40 Mich., 165. It is indispen- slble that the jury should be impartial, and the city being one of the parties it would be highly objectionable if not fatal to the proceedings if the city attorney should counsel the jury or assist in making their report: Paul vs. Detroit, 32 Mich., 108. 66 CHARTER OF THE any part thereof, by reason of encroachment or inclosure of the same. Section 130. The common council shall have power to assess and levy by a tax the expenses of making, grad- ing, paving, opening, widening and repairing streets, lanes and alleys, and of putting curbstones, gutters and culverts therein; of grading, paving or planking, repairing and re- newing sidewalks, of draining low lands, of making drains and sewers and other local improvements upon the lots, premises and subdivisions thereof, which are in front of or adjoining such streets, sidewalks, drains, sewers and other improvements, or upon lots and premises which in the opinion of the common council are most benefitted thereby, or by a general tax, as they may deem proper; and the common council shall have the power to make all by laws and ordinances relative to the mode of assessing, levying and collecting such taxes: Provided, That the common council in providing for the expense of grading and paving streets, lanes and alleys, may include the nec- essary cross walks, gutters, curbing and ballasting, and shall apportion such expense upon a local assessment dis- trict to be constituted of the lots or premises fronting upon that part of the street or alley proposed to be paved, or constituted of lots and premises fronting upon such im- provements, and such other lands as in the opinion of the common council may be benefitted by such improvement. When such assessment is to be made upon lots or premises Section 130. Special assessments upon adjacent lots and property ben- efited to defray the expense of public improvements are constitutional, but every requirement of the statute must be strictly complied with: Williams vs. Mayor, 2 Mich., 560. It is competent to assess the cost of local improve- ments upon the property deemed benefited thereby in proportion to (he benefits: Hoyt vs. East Saginaw, 19 Mich., 39. When a local assessment dis- trict is made, the council must [define the district. This duty cannot be delegated by the council to others : Scofleld vs. Lansing, 17 Mich., 57; Hoyt vs. East Saginaw, 19 Mich., 39. Local assessments may be apportioned according to frontage under legislation which permits that method to be fol- lowed: Sheley vs. Detroit, 45 Mich., 431. As to assessment districts for street opening see Kentz vs. Detroit, 48 Mich., 511. OS CHARTER OF THE such penalty or penalties as they may prescribe, require the owners or occupants of lots or premises in said city, or in any specified part thereof, to grade, construct, repair and renew sidewalks adjoining their respective premises in such manner as the common council may direct. If the owner or occupant of any lot or premises, after notice so to do shall have been posted on such lot or premises or otherwise given, served, or published, as the common council may direct by ordinance, resolution or otherwise, shall fail or neglect to construct, repair or renew any side- walk or to clear away any snow, ice or other obstruction from any sidewalk or to widen any street adjoining such lot or premises within such time as the common council may prescribe or require by ordinance, resolution, or otherwise, the board of public works may cause the same to be done at the expense of the city, and such expense, with ten per cent, added, shall be deemed to be a special assessment upon such lot or premises, and the common council may add the same to the amount of the general city tax on such lot or premises in the proper district tax roll made the same year the said expense for such im- provement was incurred or next thereafter to be made; and the amount so added shall be a lien on the premises in the same manner as the state, county and other city taxes to which it is added, and may be collected and en- forced, and, if not paid, the land sold therefor in the man- ner as for other ordinary taxes, and at the time of the sale of any such lot or premises for such delinquent tax or taxes, the city clerk or other officer of the city may cause the same to be bid off to the city in its corporate name, and if not redeemed within the time allowed by law, the city shall be entitled to a deed of such lot or premises from the auditor general as provided in all other cases, which deed shall be prima facie evidence of the regular- ity of all the proceedings by the common council and other officers of the city relating to such local improve- ment and assessment of the costs upon such lots or prem- CITY OF ANN ARBOR. 69 ises as well as all the proceedings by the assessor and other officers from the valuation of such lot or premises to the date of the deed, inclusive, and of title in fee in the pur- chaser. Section 133. Whenever an action shall have been maintained and judgment recovered against said city by any person on account of damages sustained by reason of any defective sidewalk or opening in the same, occasioned by the wrong or negligence of the owner of or occupant of the premises in front of which said sidewalk shall be, or on account of any excavation in the street by any gas, hydraulic or railroad company, and such owner, occupant or company shall have been reasonably notified to appear and defend such action, the judgment, if any, obtained against said city, shall be conclusive as to the amount of the damages, and the validity of the claim of the city against such owner, occupant or company, and the same may be recovered in an action for money paid for the use of said owner, occupant or company, or in any other proper form of action. BOARD OF PUBLIC WORKS. Section 134. There shall be a board of public works, consisting of three good and competent men who are elec- Section 132. A court of chancery has no jurisdiction to contest the dis- cretion of the council as to when or where sidewalks shall be laid: Irving vs. Ford (decided April 14, 1887 in the Mich. Supreme Court). A city is not compelled to build crosswalks. It can determine for itself the necessity for building them, and it is not liable for injuries received from a neglect to build: Williams vs. Grand Rapids, 59 Mich., 51. But where the city has taken up a crosswalk while grading a street, it is liable for injuries received by leaving an excavation into which the plaintiff falls. So decided by our Supreme Court, May 11, 1888, in Alexander vs. Big Rapids. The city having reasonable time and opportunity must at all times keep crosswalks in such repair as to be reasonably safe and convenient for the public use: Dal ton vs. Albion, 50 Mich,, 159. Section 133. Judgement must be obtained against the city, before a suit can be maintained under this section: Taylor vs. L. S. & M. S. R. R. Co., 45 Mich., 74. The liability of the city for defective sidewalks is fixed, Act No. 64 of the Public Acts of 1887. 5 70 CHARTER OP THE tors. The members of such board shall be appointed by the mayor, subject to the approval of the majority of the members elect of the common council, and shall hold office for the term of three years and until their successors are appointed and qualify, the said term to commence on the fifteenth day of May. Section 135. The first members composing such board shall be appointed, one for the term of one year, one for the term of two years and one for the term of three years from the date of their appointment; and said mayor shall annually nominate to the common council on the first Monday in May, or as soon thereafter as may be, a member of such board, for the term of three years. The members first appointed under this act shall, within ten days from the date of their appointment, meet and organ- ize the said board of public works by the election of one of their number as president; and the common council shall thereupon, and at all time thereafter, provide the board with a suitable office room for its meetings and bus- iness uses, and supply record books, stationery and other things necessary for the transaction of the business in charge of said board and provide for the payment, in like manner as other accounts against the city, of all necessary and lawful expenses incurred by said board. Section 136. Said board of public works shall, after the said public improvements have been first duly ordered by the common council, have supervision and charge of the construction and repair of all sidewalks, cellars under sidewalks, crosswalks, culverts, bridges, platforms, foun- tains, and reservoirs; the construction, repair and exten- sion of all the main and lateral sewers and drains; the erection, alteration, and repair of all engine houses, police stations, city halls, and other public buildings of every description in said city, except school houses and buildings for water-works; the deepening and cleaning of ditches and gutters; the cleaning, repairing, grading, planking, graveling, or covering with other material of all streets CITY OF ANN ARBOR. 71 and alleys; the laying out and improvement of all parks and public grounds; and shall in addition thereto, exer- cise such other powers, and perform such other duties, in the superintendence, construction, and care of public works and improvements as the common council may from time to time by ordinance direct. Said board of pub- lic works may recommend a change of grades for streets, alleys, lanes, and sidewalks to the common council, but shall make no change in the established grades of any streets, alleys, lanes, gutters or sidewalks of the city with- out the consent of the common council, made in pursuance of an ordinance of the city establishing all said grades. All plats or additions to the city shall be first submitted to the board of public works for its approval before the same are recorded. Section 137. Whenever the common council of said city shall have decided upon the making of any public im- provement it shall so declare by resolution and shall refer the matter to the board of public works and such other board or boards as may be interested therein and said board or boards, with all convenient dispatch shall deter- mine as to the particular kind of materials to be used therefor, and estimate, in detail the quantity of materials, the probable cost and expense of such work and of the materials and make a record thereof in their office; and cause to be prepared, so far as necessary, plans and speci- fications for such work or improvement; and report the determination and estimate to the common council. When such plans and specifications have been submitted to the common council, and approved by it, the said board of public works shall, except in the case of cleaning the ditches and gutters, and the repair of streets and sidewalks, advertise for the proposals for furnishing of material and Section 136. Where the board of public works change the grade of a street without the authority of the common council, the contractors making excavations under such unauthorized act of the board are liable to trespass f< r so doing: Lamed vs. Briscoe, 62 Mich., 393. CHARTER OF THE for the performance of such work; and may require all bidders to furnish security for the performance of any con- tract awarded to them; and all bids submitted to said board shall be publicly opened by it, and, as soon there- after as may be, reported by the said board to the common council together with its recommendation in respect there- to; and no contracts shall be let by the said board until duly authorized by the common council; and no expendi- tures for any purpose exceeding twenty rive dollars shall be made by the said board except by consent ot the com- mon council. Section 138. All contracts made by said board shall be in the name of the city of Ann Arbor; shall first be ap- proved, as to form, by the city attorney, shall be executed by the president and clerk of said board; and said board shall have direction of the performance thereof. The board shall reserve the right, in all contracts, to determine all questions as to the proper performance of such contracts, and as to the completion of the work specified therein; and in case of the improper, dilatory, or imperfect per- formance thereof, to suspend work at any time and to order the partial reconstruction of the same, it improperly done; to relet the work covered by said contract, or any unfinished portion thereof; or, by its employes, to take Section 137. In Butler vs. Detroit, 43 Mich., 552, it was held that bids cannot be invited until an estimate and report is made to the council. The provision requiring the board of public works to make an estimate to the couucil is mandatory. The court said : "The plain purpose of this section is to prevent the council going forward with any work involving the expendi- ture of money without first considering both its expediency and probable cost. If they can take no definite steps and expend no money until they have had the views of a board especially familiar with the subject and a re- liable estimate of the burdens to be created, each one votes upon the scheme with his eyes open." If the board adopts, approves and reports to the coun- cil an estimate made by the city surveyor, it is a sufficient observance of the charter provision that an estimate be made: Cuming vs. Grand Rapids, 46 Midi., 150. An advertisement, for bids purporting to emanate from the Board of Public Works office, signed -, President, and stating that bidders are required to rile satisfactory bonds with the Board of Public Works, and the expense of advertising is properly included in an assess- ment for street paving: Beniteau vs. Detroit, 41 Mich., 116. 76 CHARTER OF THE and his election to and acceptance of any office in said city shall be deemed a resignation of membership, and shall vacate his office in said board. No member of said board, street commissioner or city engineer, shall be per- sonally interested, either directly or indirectly, in any con- tract for any public work in said city ; nor in the purchase, sale or disposition of any material to be used or applied in or about any public work or improvement. Any mem- ber of said board may be, at any time, removed by the common council of said city for official misconduct, or for the unfaithful or inefficient performance of the duties of his office: Provided, That the charges against the said member sought to be removed, and the notice of the time and place of hearing the same, shall be served on him at least ten days previous to the time so assigned, and an opportunity given him to make his defense. When- ever a member shall be^emoved or a vacancy in said board shall occur by reason of the removal of any member from the city, resignation, death, or otherwise, the same shall be filled for the unexpired term by the appointment of the mayor, with the consent of the common council. Section 144. All books, surveys, field notes, plats, plans, specifications and other records of every descrip- tion in the custody of said city engineer or other city offi- cers shall forthwith, on the organization of the board of public works, be delivered to it; and the same, together with all future surveys, surveyors' field notes, plats, rec- ords, plans, profile and other papers connected with the work of the board, shall belong to the city and be care- fully preserved as public records. All contracts for public improvements heretofore lawfully entered into by any person with the city, or any lawfully authorized board or officer thereof, shall be carried out and completed under the direction of the said board of public works. FIRE DEPARTMENT. Section 145. There shall be a board of fire commis- 78 CHARTER OF THE Section 149. The chief of the fire department shall be subject to the direction of the board of fire commis- sioners and have the supervision and direction of the de- partment and the care and management of the fire en- gines, apparatus and property, subject to such rules and regulations as the board of fire commissioners may pre- scribe. Section 150. The members of the board of fire com- missioners, chief of the fire department, chief of police or any officer of the fire department may command any person present at a fire to aid in the extinguishment thereof, and to assist in the protection of property thereat. If any person shall willfully disobey any such lawful re- quirement or other lawful order and direction of any such officer, the officer giving the order may arrest or direct any' policeman to arrest such person and confine him tempo- rarily until the fire shall be extinguished, and in addition thereto he shall be punished in such manner as may be prescribed by the ordinance of the city. Section 151. The board of fire commissioners may provide for the appointment of and may appoint such number of fire wardens as may be deemed necessary, and for the examination by them from time to time, of the stoves, furnaces and heating apparatus and devices in all the dwellings, buildings and structures within the city, and in all places where combustible or explosive sub- stances are kept; and to cause all such as are unsafe with respect to fire to be put in a safe condition. Section 152. The common council may prescribe by Section 152. The council has power to pass ordinances establishing Are limits and forbidding the rebuilding or repair of wooden buildings within such limits: Brady vs. North Western Insurance Company, 11 Mich., 425, Where wooden buildings are erected In the Are limits in violation of the city ordinances, the city is not liable for losses from fires started by such buildings: Hines vs Charlotte, decided by the Michigan Supreme Court in November 1888. The erection of a wooden building within the Are limits is not a nuisance, and a court of equity will not enjoin its erection. The coun- cil cannot declare it a nuisance and order its removal, but they c-m enforce their ordinance by appropriate penalties: St.Johns vs.McFarlan,33 Mich.,72. CITY OF ANN ARBOR. 81 for a permit for that purpose, and shall furnish for the ex- amination of said chief a written statement of the pro- posed location, the dimensions, the manner of construct- ing the proposed building or alteration, the material to be used, the estimated cost, and the contract for comple- tion. It shall be the duty of the chief, on receiving such application, to inspect the location, and to fully examine the question of granting such permit, and if he shall be satisfied that the building or alteration proposed will com- ply with the ordinances of the city, and the erection of the same will in any other respect be proper, he shall, subject to the approval of the board of fire commissioners, give such applicant a permit therefor, and such applicant shall pay to the chief the sum of one dollar, if the esti- mated cost of said building or alteration shall be less than one thousand dollars; two dollars if it shall be more than one thousand dollars and less than five thousand dollars, and for every additional one thousand dollars over five thousand dollars, the further sum of fifty cents. All moneys so received by the chief shall be paid by him into the city treasury at least once a month, and a detailed state- ment thereof, giving the date when, and the name of the person from whom received, shall be filed in the office of the city clerk. Section 159. It shall be the duty of the chief of the fire department to visit and inspect each building which may be in the course of erection, construction or altera- tion within the fire limits of said city, and to see that such house or building is being erected, constructed or altered according to the provisions of the city ordinances and the permit so granted, and in a manner adapted for the se- curity thereof against fires, and the safety of the occu- pants. His visits and inspection may be repeated from time to time until such house or building is completed, when he shall, if requested, furnish the owner or con- structor with a certificate that said house or building is in all respects conformable to law and properly constructed. CITY OF ANN ARBOR. 83 deem effectual to prevent the entrance of any pestilential or infectious disease into the city; to stop, detain, and ex- amine for that purpose every person coining from any place infected or believed to be infected with such a dis- ease; to establish, maintain, and regulate a pest-house or hospital at some place within the city or not exceeding three miles beyond its limits or bounds; to cause any per- son not being a resident of the city who shall be or is sus- pected of being infected with any such disease, to be sent to such pest-house or hospital; to cause any resident of the city infected to be removed to such pest house or hos- pital if the health physician and two other physicians of the city, including the attending physician of the sick person, if he has one, shall certify that the removal of such resident is necessary for the public health: Pro- vided, It can be done with safety to the patient; to re- move from the city or destroy any furniture, wearing ap- parel, goods, wares and merchandise, or other articles of property of any kind, which shall be suspected of being tainted or infected with any pestilence, or which shall be in or likely to pass into such state as to generate and propagate disease; to abate all nuisances of every de- scription which are or may be injurious to the public health in any way or in any manner they may deem ex- Section 162. The powers given to township boards of health and which are by this section given to the board of health of the city are found in How- ell's Statutes, sections 1633 to 1690. The authority of the board of health to guard against small-pox extends to making con tracts for nursing patients and destroying infected clothing, and when they have allowed accounts for such services rendered and property destroyed, the board of supervisors must pass such accounts and can be compelled by mandamus to do so; they cannot refuse on the ground that the patients were themselves able to pay; Elliott vs. Kalkaska Supervisors, 58 Mich., 452. But compensation cannot be col- lected for the use of a house for a small-pox patient, which was already infected with small-pox: Farnsworth vs. Kalkaska Supervisors, 56 Mich., 640. The supervisors may pass upon the pecuniary ability of the patient to pay for the necessaries furnished: People vs. Macomb Supervisors, 3 Mich., 475. But the public is, in the first instance, liable to pay. If they were not, it would be impossible to adequately provide against epidemics: Rae vs. Flint, 51 Mich., 526. CITY OF ANN ARBOR. 85 collected shall be paid into the treasury, and be devoted to the maintenance and support of the pest-house, or of any hospital hereafter established by the city. Section 167. 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 proper for the filling up, draining, cleansing, and regulating any grounds, yards, basins or cellars within the said city that shall be sunken, damp, foul, encumbered with filth and rubbish, unwholesome, and for filling, or altering amending all sinks and privies within the said city, and for directing the mode of constructing them in future, and to cause all such works as shall be necessary for the purpose aforesaid and for the preservation of the public health and the cleanli- ness of the city, to be executed and done at the expense ol the city corporation, on account of the persons respectively upon whom the same may be assessed and for that pur- pose cause the expenses thereof to- be estimated, assessed and collected, and the lands charged therewith sold in case of non-payment, the same as provided by law with respect to other improvements within said city, and in all cases when the said by-laws or ordinances shall require anything to be done in respect to the property of several persons, the expenses thereof may be included in one as- sessment, and the several houses and lots in respect to which such assessment 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 ex- pended in making such improvement upon such premises, together with the ratable proportion of the expenses of assessing and collecting the money expended in making the improvements. Section 168. Whenever, in the opinion of the com- mon council, any building, fence or other erection of any CITY OF ANN ARBOR. 87 able by law: and provided further. That nothing herein contained shall be so construed as to prohibit the common council of said city from regulating by tax or otherwise the business of dealing in "malt, spirituous or intoxicating liquors. Section 172. The revenues raised by general tax up- on all the property in the city shall be divided into the following general funds: First, Contingent fund. To defray the contingent and other expenses of the city, for the payment of which from some other fund no provision is made. Second, Fire department fund. To defray the ex- pense of purchasing grounds, erecting engine houses there- on, purchasing engines and other fire apparatus, and all other expenses necessary to maintain the fire department of the city. Third, Street fund. To defray the expense of open- ing, widening, extending, altering, and vacating streets, alleys and public grounds of the city, and grading, improv- ing, paving, repairing and working upon the streets and for the construction and repair of sidewalks and cross- Section 171. The constitution requires the legislature to limit the power of;the city to levy taxes Con. Act 15, Sec. 13. The manner in which the restriction should be imposed is left to the legislature: People vs. Mahaney, 13 Mich., 481, 49S. A tax levied in excess of the limit prescribed in this section, would be void: Wattles vs. Lapeer, 40 Mich., 624; Butler vs. Detroit, 43 Mich., 552. But it would seem void only as to the excess: Con- nors vs. Detroit, 41 Mich. 128; Stockdale vs. Wayland School District, 47 Mich., 226. Section 172. It is necessary in order to make the tax levy a legal one that the council should designate the amounts to be raised for the several funds prior to the levy. It would be illegal for the council to levy a certain amount for all the funds without designating what amount shall go into each fund. It is not necessary however, that the council should raise some- thing for each fund: Fay vs. Wood. 65 Mich.; Hoyt vs. East Saginaw, 19 Mich., 44. Every essential proceeding in the course of a levy of taxes must appear in some written and permanent form in the record of the council. Such a thing as a parol levy of taxes is not legally possible under our laws: Moser vs. White, 29 Mich., 59. 90 CHARTER OF THE rolls, a certificate to the effect that the same is the assess- ment roll for the ward therein named, for the year in which it has been prepared and approved by the board of review, shall be indorsed thereon, signed by the chairman and clerk of said board, which certificate may be in the form as follows: "The Board of Review of the city of Ann Arbor certify that the within or annexed roll is the assess- ment roll of the ward of the city of Ann Arbor for the year 18 , as approved by said board. Chairman Clerk Upon the completion of said- rolls and their indorsement in the manner aforesaid, the same shall be conclusively presumed by all courts and tribunals to be valid, and shall not be set aside except for causes prescribed by the gen- eral State law. The omission of such indorsement shall not affect the validity of such roll. Section 176. For the purpose of equalization by the board of supervisors of the county of Washtenaw the said ward assessment rolls shall be deemed as a single roll; the valuation fixed and determined by said board shall be the valuation of the taxable property of the city of Ann Arbor as a unit, and the state, county and other taxes ap- portioned by said board shall be apportioned to said city and not any ward thereof. Section 177. Whenever the common council shall deem it necessary to raise a greater sum in one year than provided for in section one hundred and seventy-seven (171) they shall give at least five days notice in writing to be posted up in at least five public places in each ward in said city, which notice shall state the time and place of such meeting, and shall specify the objects and purposes for which the moneys proposed to be raised are to be ex- pended, and when such meeting shall be assembled in pursuance of such notice the electors qualified to vote thereat by a ballot vote shall determine the amounts of the money which shall be raised for the objects specified CITY OF ANN ARBOR. 91 in the notice: Provided, That the aggregate amount of city taxes levied shall not in any one year exceed one per cent, of the valuation of the real and personal estate tax- able within the limits of the city: Provided also, That no more than two such meetings shall.be held in any cal- endar year. The polls at any such meeting shall be kept open at least six hours, and the common council shall ap- point three of its members to act as inspectors. The city clerk shall be the clerk of such meeting and shall keep a poll list of the electors voting. Section 178. All State, county and school taxes in said city, and all city taxes which shall be raised by a gen- eral tax, shall be levied and collected, as near as may be, in the same manner as provided by the law for the assess- ment, and collection of taxes by township officers; and all proceedings lor the return, sale and redemption of real es- tate for non-payment of taxes, shall be in conformity with the proceedings for the return, sale and redemption of real estate as required by the laws of this State. Section 179. Whenever the common council shall authorize a tax to be levied, for any special purpose, and which cannot be included in the assessment roll, and col- lected and returned for non-payment, as provided in the preceding section of this act, it shall be lawful for the com- mon council to apportion such tax upon the property tax- able for such purpose, according to the valuation contained in the then last assessment roll, and shall place the tax in a column opposite the valuation of the property; and where such roll is completed, the city clerk shall make and deliver a copy thereof to the treasurer of said city, to- gether with a warrant or warrants, signed by the mayor and city clerk, commanding such treasurer to collect from the several persons named in said roll, opposite their re- spective names, within a time in said warrant specified, not less than thirty days nor more than ninety days from the date thereof, together with a collection fee of one per 92 CHARTER OF THE cent., Which said treasurer may add to each person's tax and collect therewith; and such warrant shall authorize the treasurer, in case any person named in said roll shall neglect or refuse to pay his tax. with the collection fee above provided, to levy the same by distress and sale of the goods and chattels of such person; and it shall be the duty of such treasurer to collect such taxes within the time specified in such warrant, or within such further time as the common council may by resolution direct, and de- liver such roll and warrant to the city clerk; and if any person shall neglect or refuse to pay the tax imposed upon him, the treasurer may levy the same by distress and sale of goods and chattels of such person in the same manner as township treasurers, and if any of the taxes mentioned in said roll shall remain unpaid, and the treasurer shall be unable to collect the same from the person taxed, he shall make out and deliver to the city clerk a full and per- fect copy from said roll of the description of the premises so taxed, and of the taxes thereon unpaid, and shall add thereto an affidavit, sworn to before an officer authorized to administer oaths for general purposes, that the sums mentioned in such statement remain unpaid, and that he has not, upon diligent search and inquiry, been able to discover any goods or chattels belonging to the person taxed, whereupon he could levy the same. Section 180. The common council may by ordinance provide for the collection of all taxes necessary to be raised, other than such as may be raised as provided in sec- tion one hundred and seventy-four,(171), and for the sale of any real estate for the non-payment of such tax, and for the redemption thereof: Provided, That all the proceed- ings relative to the notice of sale, the manner of conduct- ing the same and the time to redeem, shall be in conform- ity as near as may be to the provisions of law regulating , the sale of lands delinquent (at) for State, county, and township taxes. Section 181. The assessor of said city shall, on or be- 94 CHARTER OF THE pay the tax or taxes assessed against him or them, and ob- tain the treasurers receipt therefor. Section 184. Upon all taxes paid to the treasurer be fore the first day ol January, he shall add one-half of one per cent, for collection fees; and upon all taxes collected by him after the said first day of January, he shall add one and one-half of one per cent, for such collection fees, and collect such percentage with such tax, in the same manner as he is authorized to collect the tax; and for the purpose of collecting such fees by the treasurer, such per- centage shall be deemed and taken to be a part of the tax. Section 185. The treasurer of said city shall proceed to collect the taxes in the several wards, and on or before the first day of February shall account for and pay over to the county treasurer the amounts specified in the several warrants to be collected for State and county purposes, and shall return to the said county treasurer a statement of the taxes remaining unpaid and due, in the manner provided by law for township treasurers; and all the pro- visions of the laws of this State relating to the collection of taxes by township treasurers, or to the paying over of money by the township treasurers to the county treasurer, or returning by the township treasurer to the county treas- urer of a statement of the taxes remaining unpaid and due, are hereby made applicable to the treasurer of said city. Section 186. No bond, note, or other obligation or evidence of indebtedness of said corporation, except orders on the treasurer, as hereinafter provided, shall ever be given or issued by said corporation, or by any officer there- of, in his official capacity, whereby the said city shall be- come obligated to pay any money, unless the same shall have been duly authorized by the legislature of this state, and shall have been submitted to and voted for by a ma- jority of the electors of said city voting thereon, in con- formity to this act; but the common council may allow just claims against the city, and may issue orders therefor 96 CHARTER OF THE Section 188. Any person who may be required to take any oath or affirmation, under .or by virtue of any provision of this act, who shall, under such oath or affirm- ation, in any statement or affidavit, or otherwise, willfully swear falsely as to any material fact or matter, shall be deemed guilty of perjury. Section 189. If any suit shall be commenced against any person elected or appointed under this act to any office, for any act done or omitted to be done under such election or appointment, or against any person having done any thing or act by the command of any such officer, and if final judgment be rendered in such suit, whereby any such defendant shall be entitled to costs, he shall re- cover double costs, in the manner defined by law. Section 190. The common council of said city is hereby authorized and required to perform the same duties in and for said city as are by law imposed upon the town- ship boards of the several townships of this State, in re- lation to schools, school taxes, county and State taxes, and State, district and county elections; and the super- visors and assessors, justices of the peace and city clerk, and all other officers of the city, who are required to per- form the duties of township officers of this State, shall take the oath, give the bond, perform like duties, and re- ceive the same pay and in the same manner and be sub- ject to the same liabilities, as provided for the correspond- ing township officers, excepting as is otherwise provided in this act, or as may be provided by the ordinances of the common council. Section 191. The ordinances now in force in the city of Ann Arbor shall remain in force until repealed, altered, or amended by the common council; and all property, rights, credits and effects of every kind, belonging to the city of Ann Arbor, shall be and remain the property of the said city of Ann Arbor. Section 192. All acts heretofore enacted in regard to CITY OF ANN ARBOR; 97 the village of Ann Arbor, or the city of Ann Arbor, com- ing within the purview of this act, are hereby repealed: Provided, That the repealing of said acts aforesaid shall not affect any act already done, or any right acquired under, or proceeding had or commenced by virtue thereof, but the same shall remain as valid as if said acts remained in full force: And provided further, That all persons now holding office in the city of Ann Arbor, under the acts hereby repealed, shall continue to hold and exercise the duties of such offices during the term for which they were respectively elected. Section 193. This act shall not be construed so as to change, alter or annul any act heretofore passed for the organization or government of school district number one, of the city and township of Ann Arbor. This act is ordered to take immediate effect. Approved March 15th, 1889. 2 INDEX TO CHARTER. Animals, running at large inspection of regulations of slaughter of impounding of fees for impounding rescuing impounded Annual Report of treasurer Appeals from justice court Appropriation of money Aqueducts, encumbering Arrests, by marshal reported to council by order of president of the council- proceedings relating to upon view - for not obeying orders at fires Assessments, vote necessary to impose for cellars, drains, privies, etc.- for drains for sewers for improvements on property benefited for gutters for streets for poll taxes for sidewalks for buildings destroyed at fires- expenses for preserving public health expenses for removing danger- ous buildings when assessor to complete review of notice of increase of Assessment Rolls, made by assessor assessors warrant at- tached what to contain review of certificate attached to--- before board of supervis- ors for special taxes how columns divided— SECTION. PAGE. 88 40 88 42 88 42 116 56 117 56 117 56 65 28 102 51 74 33 88 40 61 26 62 26 71 31 98 49 110 55 150 78 74 33 88 44 121-3 58 124 59 130 66 130 66 130 66 131 67 132 67 156 80 167 85 168 85 173 88 174 89 174 89 58 24 58 24 173 88 174 89 175 90 176 90 179 91 181 92 INDEX TO CHARTER. 3 SECTION. PAOe. Assessor, election of--.- 30 15 term of —. . 34 16 duties of — 58 24 warrant of 58 24 salary of »»--, 69 30 make out list for poll taxes 131 67 when to make assessments 173 88 duty and power of 173 88 member of board of review 174 89 chairman of board 174 89 deliver roll to treasurer... 181 92 warrant of 182 93 make list petit jurors . 187 95 oath, bond, etc 190 96 Attorney, city, appointment of . 31 15 when appointment made 32 16 term of 35 16 oath of office 37 17 duties of-„ 68 29 salary of 69 30 attend council meetings 77 34 sue for fines 102 51 approve form of contracts 138 72 advisor board of public works 141 74 Auctioneers, power to license and regulate-- 88 43 Auctions, mock 88 38 regulation of , 88 43 '* B. Ballot Boxes, council to provide 16 11 Ballots, electors to vote by 21 13 what to contain 21 13 how deposited 21 13 term to be designated on 22 13 put in proper box 23 13 Banks, certificate of cashier of, 65 28 deposit of city money with 67 2!) payment of interest by 67 29 bond required of 67 29 treasurer not responsible for money in- 67 29 Barns regulation of 88 44 Bathing, may be prohibited in public waters- 88 40 7 4 INDEX TO CHARTER. SECTION. PAGE. Bells, ringing of S8 41 Beggers, may be punished 88 40 punishable 105 52 Bids, when required 137 71 security to be furnished 137 72 reported to council 137 72 advertisement for proposals 137 71 Billiard Tables, licensed and regulated 88 38-43 Bills of Mortality 1 88 41 Board of Fire Commissioners, appointment of 31 15 when appointment of members made-- 32 16 oath of office 37 17 clerk of 53 22 organization of 145 77 to serve without compensation 145 77 power to establish a fire department.-- 146 77 to organize fire companies 146 77 to make rules and regulations 146 77 to nominate chief of fire department— 147 77 secretary of board 147 77 purchases of 148 77 to construct cisterns and reservoirs 148 77 chief of department under direction of- 149 78 to command assistance in case of fire-— 149 78 appoint fire wardens . 151 78 remove buildings, boilers etc., as nui- sances 154 79 consent to remove buildings at fires— 156 79 send relief to adjoining towns 157 80 approve building permits 158 81 report of chief concerning fires 160 82 Board of Health, appointment of 31 15 when appointment of members made. 32 16 oath of office- - 37 17 clerk of 53 22 term of - 181 82 general powers of 162 82 to prevent infectious diseases 162 83 to establish a hospital 162 83 to abate nuisances.. 162 83 report of malignant diseases to 163 84 report of inkeepers to 165 84 INDEX TO CHARTER. 7 SECTION. PAGE. Board of Review, raising valuation personal property 174 89 second session of 175 89 may administer oaths 175 89 correct assessments 175 • 90 certificate attached to as- sessment roll '175 90 Boilers, regulations concerning 153 79 when a nuisance 154 79 Bonds, failure to file reported 29 15 filed with city clerk 38 17 approved by council 38 17 when new bond required 39 18 neglect to give vacates office . 42 18 of treasurer 64 28 of banks 67 29 to be prescribed by council 88 44 not to be issued except on authority--- 186 94 of city officers — 190 96 Bonfires, making of restrained 88 40 Books, Papers, etc., officers to deliver to suc- cessors • 45 19 examined by mayor 48 20 open to inspection 81 34 destruction or alteration punished--- 81 35 in custody city engineer 144 76 Boundaries, of city 1 5 of wards '2 6 Bowling Alleys, regulated 88 43 Bridges, encumbering and fast driving 88 40 council's control over 126 60 building or vacating 127 61 board of public works construct 136 70 Building Permits 158 80 Buildings, line of 88 41 numbering of - 88 43 wooden, in fire limits 88 41 examined by fire wardens 151 78 in fire limits 152 79 when a nuisance 154 79 pulled down in case of fire 156 80 dangerous, council's power over-- 168 85 8 INDEX TO CHARTER. SECTION. PAGE. Buildings, permits for building 158 80 inspection of.. 159 81 certificate of being properly built- 159 81 Burial, Grounds, (see cemeteries) 88 41 Butchers, licensed 88 42 By Laws, council's power to make 88 37 C. Canvass, of votes at election 25 14 manner of making 26 14 of statement of votes by council 27 15 Carcasses, unwholesome or offensive sub- stances 88 41 Carriages and hacks, licensing 88 43-4 Carts, regulation of 88 42-4 Cartmen, regulation of 88 42 Cattle, running at large 88 40 Cellars, council's power over 136 70 under sidewalks 88 44 Census, council may provide for 88 44 Cemeteries, establishment and regulation of- 88 41 establishment of 112 55 appropriation for 113 55 regulation of 114 55 preservation of 115 56 erection of buildings in 119 57 Cemetery fund 172 87 Certificate of votes given at elections 24 13 of election by council 26 J4 of election when to be filed 26 14 of cashier of bank 65 28 to assessment rolls 175 90 Challenge of electors 6 7 Charter, took effect 97 repealing former acts 192 96 Chief of Fire Department, appointment of 147 77 duties of 149 78 command assistance in ease of Are-- 150 78 compensation of 155 79 exempt from jury duty-— - 155 79 INDEX TO CHARTER. 9 Chief of Fire Department, when cause buildings to be de- stroyed issue building permits pay fees into city treasury— — inspect buildings certificates that buildings are prop- erly constructed examines into causes of fire report on causes of fire Chief of Police (see marshal). Chimney Sweeps, regulation of Chimneys, regulations concerning Circuses, and other exhibitions Cisterns, construction of City Attorney (see attorney, city). City Clerk, to give notice of registration^— to give notice of special elections- to keep ballot boxes ,— to receive poll lists, etc to make duplicate certificates of election----- to notify officers elected to report persons not filing oath or bond election of term of oath of office files oaths of officers files official bonds new official bonds filed with bond filed with treasurer vacancy in office keeps seal, bonds, papers, etc.-- clerk of common council duties of registers licenses reports amount licenses to coun- cil makes certified copies records--- exercises powers township clerk- administers oaths SECTION. PAGE. 156 79 158 80 158 81 159 81 159 81 160 82 160 82 88 153 79 88 39 148 77 10 10 14 11 16 11 24 14 26 14 28 15 29 15 30 15 37 17 37 17 37 17 38 17 39 18 38 17 43 19 51 21 51 21 >l-4 21-3 51 21 51 21 51 21 51 21 51 21 INDEX TO CHARTER. 11 veto messages filed with.- certificate on ordinances and rec- ords reports veto to council record ordinances in record book certificate of publication of ordi- nance certified copy of ordinance by--- summons against city served on when to apply for jury for street opening report of jury to be filed with—- secretary board of fire commis- sioners statement of fees for building permits filed with clerk of board of review —- make copy special assessment roll, etc. sign warrant for special assess- ment return of unpaid special taxes to- sign warrants on treasurer make list petit jurors further powers of City Lockup, persons may be imprisoned in. vagrants sent to — City Treasurer, (see treasurer). Claims, filed with clerk reported to council must be certified to on oath must be presented to council Clerks of Election, who appoint oath of office must be electors duties of Collection of taxes of special taxes Committees, clerk of appointment of standing, duties of 91 46 92 47 92 47 94 47 95 47 96 48 100 50 127 62 127 63 147 77 158 81 174 89 179 91 179 179 186 187 190 97 105 52 52 86 100 19 19 19 23 185 179 53 71 80 91 92 95 95 96 49 53 21 21 36 50 12 12 12 13 94 91 22 31 34 14 INDEX TO CHARTER. SECTION. PAGE. Common Council, may compel witnesses to testify 85 36 audit accounts 86 36 proceedings to be submitted to mayor 87 37 passing over mayor's veto 87 37 general powers of 88 37-45 wbat penalties may prescribe 90 46 passing ordinance over the veto 90 46 claim must be presented to 100 50 to allow witness fees 101 50 may remit fines 103 52 fines to be reported to 104 52 provide for police force 107 53 confirm appointment patrolmen 107 53 make police regulations 108 53 establish cemeteries 112 55 prescribe where dead may be buried- 112 55 remove bodies buried 112 55 appropriate money for cemeteries 113 55 pass ordinances regulating cemeter- ies 114 55 pass ordinances protection of ceme- teries 115 56 provide pounds and appoint pound- masters 116 56 may make marshal poundmaster 116 56 establish fees for impounding 117 56 acquire, erect, lease mortgage or dis- pose of public buildings 118 57 establish work house, hospitals, etc.- 119 57 authority over public buildings 119 57 when enforce-police regulations out- side city limits 119 57 power over sewers and drains 120 57 cause construction private drains 121 58 construct private drains 121 58 establish fees for connecting with sewers 123 59 compel use of dry earth closets 121 58 make special assessment for sewers-- 124 59 enact ordinances relating to sewers and drains 125 59 22 INDEX TO CHARTER. Improvements, referred to the board by coun- cil— cost of to be estimated council to approve plans for-- when bids to be taken contracts for, carried out Incorporation of city Infectious Diseases, board of health's power over hotel keepers to report- drivers, etc., to report- physicians to report— Infected Property not to be brought into city Indebtedness, city not to incur Indecent Exposure Inspectors of Election, may administer oath to be notified of special eleetions- to make proclamation opening and closing polls who constitute vacancy in, how filled supervisor chairman of board appoint two clerks oath of office powers of to preserve order must be electors duties of as to votes to publicly canvass the vote to make and deposit certificate of votes canvassed to exercise duties prescribed by general laws Intoxicating Drinks, sale of Interest, on public moneys to be collected on fines SECTION. PAGE. 137 71 137 71 137 .71 137 72 144 76 1 5 162 82 165 84 163 84 165 84 164 84 186 94 88 40 6 7 14 10 17 12 18 12 18 12 19 12 M 12 19 12 20 12 19 12 23-25 13-14 24 13 24 13 25 14 88 38 67 29 103 51 J. Jail, of county, city may use vagrants sent to 97 105 48 52 INDEX TO CHARTER. 23 SECTION. PAGE. Judicial Notice of ordinances— 96 48 Judgment against city 133 69 Jurisdiction of justices 56 23 Juror, not incompetent because inhabitant of city- - 100 50 fee of in street opening cases 127 63 list of jurors 187 95 Jury, in ordinance cases 102 51 for street opening — 127 63 for buildings destroyed by fire 156 80 Justices of the Peace, election of 30 15 term of office 33 16 oath of office 37 17 jurisdiction 56 23 appeals from judgments 56 23 complaints before 57 24 to try offenses under ordinances 57 24 take recognizances 57 24 when no justice in city 57 24 constables to obey orders of — 60 25 criminal process served by marshal-- 61 26 fees of 69 30 not removable by council 83 36 issue subpoena at request of council-- 84 36 committment under ordinances 97 49 to take complaint for violations of or- dinances 98 49 proceedings in ordinance cases 98 49 fines sued for before- 102 51 appeal from justices court 102 51 jury in justices cases 102 51 to issue execution to marshal 103 51 to pay ordinance fines into city treas- ury 104 52 report fines to council 104 52 removable for neglect 104 52 to appoint jury for street opening, etc. 127 62 fees in street opening cases 127 63 further powers 190 96 24 INDEX TO CHARTER. SECTION. PAGE. Labor, sufficient amount to pay retained on contracts 138 73 Lanes, encumbering 88 40 council's control over 126 60 Lapse of time, not run against city 129 65 Licenses, countersigned and registered 51 21 amount reported to council 51 21 fees for issuing 51 21 auctioneers, peddlers and pawnbrok- ers 88 43 ball alleys and billiard tables 88 43 cabs, carriages and hacks 88 43 carts, drays and other vehicles 88 43 hotels and taverns 88 43 saloons and victualing houses 88 43 butchers 88 42 Lighting of streets and alleys 88 43 council may provide for 126 60 Lights, regulation of the use of 153 79 Liquors, impure or adulterated 88 42 regulation of the sale of 88 38 Limits of city 1 5 Lockup, (see city lockup). Low Grounds, drainage of 88 44 Lumber Yards, location of 153 79 M. Markets, regulation of 88 42 location of 88 39 may be owned by city 118 57 Marshal city, appointment of 31 15 when appointment made 32 16 term of 35 16 oath of office 37 17 constables to obey orders of 60 25 is chief of police 61 25 subject to mayor's direction 61 25 duties of 61 25 to enter complaints 61 26 to serve process 61 26 arrests without process 61 26 INDEX TO CHARTER. 25 SECTION. PAGB. Marshal, may command citizens to aid him. 61 26 reports arrests to council 62 26 reports fines collected 62 27 pays all fines, etc. into city treasury 62 27 not to leave city 63 27 absence or inability of 63 27 salary of 69 30 attend council meetings 77 34 to serve warrants 98 49 execution issued to 103 51 have direction of police 109 54 have powers of constables 110 54 may arrest upon view 110 54 when may impound animals or fowls 116 56 to summon street opening jury 127 63 fee for summoning such jury 127 63 command assistance in case of fire 150 78 Mayor, election of 30 15 term of office 33 16 appointments by 31 15 when appointments made 32 16 oath of office 37 17 vacancy in office 43 18 appoints city clerk to fill vacancy 43 18 fills vacancies in office 43 18 duties of 46 20 recommendations to council 46 20 conservator of the peace 47 20 suppress riot and disorder 47 20 may examine books and papers 48 20 absence or disability of 49 20 enforces ordinances and laws 46 20 constables to obey orders of 60 25 marshal subject to direction of 61 25 consents to marshal leaving city 63 27 designates acting marshal 63 27 to countersign warrants 64 27 when appoint new treasurer 66 29 directions to city attorney 68 29 salary of— 69 30 how call special meeting council 73 32 26 INDEX TO CHARTER. SECTION. PAGE. removal of officers by 83 35 suspension of officers by 83 35 issue subpoenas for witnesses at invest- igations 84 36 approval of council proceedings 87 37 veto of council proceedings 87 37 approval of ordinance 91 46 veto of ordinance 91 46 to authenticate record book of ordi- nances 94 47 when summons against city served on 100 50 to appoint patrolmen and nightwatch- men 107 53 to appoint temporary policemen 108 54 marshal under his direction 109 54 when to apply for jury for street open- ing 127 62 appoint member board public works.- 131 70 appoint fire commissioners 145 77 consent to remove buildings at fires— 156 79 appoint members board of health 161 82 report of malignant diseases to 163 84 sign warrant special assessment 179 91 sign warrants on treasurer 186 95 Meat, putrid 88 41 regulation of sale of 88 43 Meetings, of council 73 32 special, of council 73 32 of electors to vote tax 177 90 of board of review 174-5 89 Minors, sale of liquor to 88 • 38 Misdemeanor, officers failure to deliver books to successor 45 19 Mortality, bills of to be kept 88 41 N. Newsboys, license of 88 38 Newspapers, indecent and obscene prohibited 88 38 Non-Residents, damages awarded to 127 64 Notice, of re-registration 8 8 of registration preceding general elec- tion 9 9 36 INDEX TO CHARTER. SECTION. PAGE. Taxes, treasurer charged with 64 27 collection of by treasurer 64 27 return of delinquent 64 28 non-payment of 64 28 two-third vote of council to order 74 33 on owners of dogs 88 41 for local improvements 130 66 for sidewalks 132 68 power to assess and levy 171 86 lieu on property 171 86 aggregate amount of 171 86 for dealing iu liquors 171 87 voted by people 177 90 limit to taxes voted 177 91 manner of levying and collecting 178 91 special 179 91 warrant for collection of 181-2 93 collection fee' 184 94 Taxing District for opening streets, etc 130 66 Tax, meetings to vote 177 90 Tax Rolls, delivered to treasurer 181 93 public notice of 183 93 special how made' 179 91 sidewalk tax placed on 132 68 Term of Office, of elective officers 33-4 16 of appointed officers 35 16 Theatrical Exhibitions, regulation of 88 39 Tie Vote, how election decided 27 14 Title, to streets, lanes, alleys, etc 129 65 Township Treasurer, city treasurer have power of -- 64 28 Treasurer, City, appointment of 31 15 when appointment made 32 16 term of „ 35 16 oath of office 37 17 bond filed with city clerk 38 17 new bond may be required 40 18 files clerk's bond — 38 17 warrant of clerk on 52 21 clerk reports taxes raised to 52 22 duties of 64-67 27-9 custodian of money, bonds, etc: 64 27