PRESENTED TO TZHZIE LIBRARY or rii k | [ f Js • Ac I I EX-MAYORS. GEORGE SEDGWICK. E. R. TREMAIN. JAMES KINGSLEY. WILLIAM S. MAYNARD. PHILIP BACH. R. J. BARRY. JOHN F. MILLER. CHARLES SPOOR. E. WELLS. O. M. MARTIN. CHRISTIAN EBERBACH. A. H. PARTRIDGE. W. D. HARRIMAN. CITY OFFICERS. MATOR, SILAS H. DOUGLASS. RECORDER, STEPHEN M. WEBSTER. ALDERMEN, First Ward, FREDERICK SORG, • JOSHUA G. LELAND. Second Ward, JOHN N. GOTT, EMANUEL MANN. Third Ward, JEREMIAH PEEK, A. D. SEYLER. Fourth Ward, O. C. SPAFFORD, G. FAUTH. Fifth Ward, G. H. RHODES, A. HAMMOND. Sixth Ward, C. B. PORTER, W. D. SMITH. TREASURER, E. J. JOHNSON. CITT ATTORNEY, Z. P. KING. MARSHAL, J. H. PEBBLES. SUPERVISORS, First and Second Wards—ROBERT P. LEONARD. Third and Fourth Wards—PATRICK O'HEARN. Firth and Sixth Wards—DAVID T. McCOLLUM. JUSTICES, J. Q;. A. SESSIONS, PATRICK McKERNAN, GEORGE W. MOORE, S. G. TAYLOR. CONSTABLES, CHARLES BOYLAN, T. F. LEONARD, THOMAS J. HOSKINS, JOHN LAUGHLIN, N. H. PiERCE, T. L. HEWITT. CITY CHAETEE OF TUB OF ANN ARBOR. [No. 402.] AN ACT to revise and amend an act to incorporate the city of Ann Arbor, approved April fourth, eighteen hundred and fifty-one, and an act amendatory thereto, approved Feb- ruary twelfth, eighteen hundred and fifty-nine ; and also an act amendatory thereto, approved February twenty-fifth, eighteen hundred and sixty-one. TITLE I. INCORPORATION, CITY AND WARD BOUNDARIES, Section i. 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 limits, (including the present city of Ann Arbor,) 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 north-east quarter of section number twenty-eight, as lies west of the easterly CITY OF ANN ARBOR. 7 TITLE II. ELECTION AND APPOINTMENT OF OFFICERS. Sec. i. The officers for said city shall be one mayor, one recorder, one maishal, one city attorney, one city treasurer, three supervisors, one to be elected in the first and second wards, one to be elected in the third and fourth wards, and one to elected in the the fifth and sixth wards, who shall be assessors in their respective districts. Three street commissioners, one to be appointed in each supervisor district. Three, collectors, one tobe elected in each supervisor district. One constable to be elected in each ward. All of which officers shall hold their offices for one year, and until their successors are elected or appointed and qualified, and two aldermen to be elected in each ward, who shall respectively hold their offices for two years and until their successors are elected and qualified; four justices of the peace, who shall respectively hold their offices four years, to commence, except in case of vacancies, on the fourth day of July next after their election. Sec. 2. The inhabitants of said city, having the qualifica- tions of electors under the constitution and laws of this State shall, on the first Monday of April in each year, at such place in each ward as the common council shall designate, proceed to elect by plurality of votes, by ballot, from among the quali- fied electors of said city, one mayor, one recorder, one justice of the peace, one marshal for said city; and the qualified elec- tors of the first and second wards shall elect one supervisor {md one collector ;) and the qualified electors of the third and fourth wards shall also elect one supervisor and one collector; and the qualified electors of the fifth and sixth wards shall elect one supervisor and one collector. The qualified electors of each ward shall, at the same time and place, elect one alderman and one constable: Provided, That in each ward in which there s CHARTER OF THE shall, at the time of such election, be no alderman having another year to serve, there shall be two aldermen elected, one for the term of one year and one for the term of two years ; and one alderman shall thereafter be elected annually in each ward, to hold his office for the term of two years and until his suc- cessor is elected and qualified. Sec. 3. At all elections the two aldermen in each ward shall be the inspectors of election, in case they shall attend, and a clerk shall be appointed by the aldermen or inspectors of election, at all elections in each ward. In case the office of the aldermen shall be vacated in said ward, or in case the alder- men, or either of them, shall fail to attend to act as inspectors, the electors present may, viva voce, choose one or more inspec- tors of election to fill the vacancy, and such judges and clerk so chosen, before proceeding to the discharge of their duties, shall make and subscribe an oath or affirmation faithfully and impartially to discharge the duties of their respective offices at such election, which oath or affirmation may be administered by any person authorized to administer oaths. At the close of the polls, the vote shall be canvassed, and a statement thereof proclaimed by one of the inspectors, and a correct statement of the number of votes given for each person shall be made by the clerk, and signed officially by the inspectors and clerk afore- said, and filed with the recorder. It shall be the duty of the common council to meet as soon as conveniently may be after such election, to canvass the votes cast in the respective wards, and to declare and certify the result of such canvass. Sec. 4. It shall be the duty of the recorder, or in case of his neglect so to do, then of the mayor, to cause five days notice of every election to be given, by posting up written or printed notices thereof in three or more public places in each ward of said city: Provided, That if notice of any election shall not be given as herein required, it shall be lawful for the electors to meet at the proper time and place,, and hold the election, and in case of the non-attendance or neglect of the proper officers to act, the electors present may, viva voce, choose electors to act in their places: And provided also, That if any CITY OF ANN ARBOR. 9 election of officers under this act, shall not be had on the day when it ought to have been held, the said corporation shall not for that cause, be dissolved, but it shall be lawful to hold such election at any time thereafter, public notice thereof being given as provided in this act. At all elections the polls shall be opened between the hours of nine and eleven o'clock in the forenoon, and be closed at four in the afternoon. Whenever in any ward or wards in said city, there shall not be two alder- men to constitute the board of registration of such ward pre- vious to any election, the common council shall, in time, appoint suitable freeholders, resident in such wards, and electors, tem- porary aldermen of such wards, who shall take the oath of office, and have all the powers of aldermen in such wards, and shall hold their offices until the close of the election and of the canvass of the votes in such wards, at the next election after such appointment, and shall, during their continuance in office, act as and be members of the board of registration of such wards, and have all the powers and perform all the duties of members of the board of registration in such wards. Sec. 5. The inhabitants of the said city, being electors under the constitution and laws of the State of Michigan, and no others, are declared to be electors under this act, and quali- fied to vote at any such election; and each person offering to vote at any such election, if challenged by an elector of said city, before His vote shall be received, shall take one of the oaths or affirmations provided by the laws of this State for electors at general and special elections, for the time being, which oath or affirmation may be administered to him by either of the inspectors of election. Upon taking such oath or affirmation, if duly registered in said ward, he shall forthwith be permitted to vote. In all other respects not herein provided, said election shall be conducted as near as may be in accord- ance with the general statute provided for township elections. Sec. 6. It shall be the duty of the recorder as soon as practicable, and within five days after any election, to notify the officers respectively of their election, who shall, within ten days after receiving such notice, take an oath or affirmation to CITY OF ANN ARBOR. II in writing, officially signed by him, informing the county clerk that the office of such collector or justice of the peace is vacant. TITLE in. OF THE POWERS AND DUTIES OF OFFICERS. Sec. i. The mayor shall be the chief executive officer of the city, and shall also be president of the common council, and shall countersign all orders drawn upon the city treasurer, and see that all the officers of said city faithfully comply with and discharge their official duties; that all laws pertaining to the municipal government of said city, and all ordinances and n solutions of the common council are faithfully observed. He shall have the same power as conservator of the peace within the limits of the city as any justice of the peace has, or may by 'law have, and to this end it shall be lawful for him when any person shall in his presence be guilty of a breach of the peace, or a violation of any of the ordinances of the common council punishable by fine or imprisonment, to direct the marshal, or other officer, forthwith to apprehend such offender or offenders, and take him or them before a justice of the peace for said city, who shall, without unreasonable delay, proceed to the ex- amination and trial of the party arrested. He shall also have power, and it shall be his duty, to preserve order and decorum in the council room during the session of the common council, and for this purpose may order any disorderly person to be ar- rested for disorderly or contemptuous conduct in his presence, and imprisoned for a period not exceeding twenty-four hours. Sec. 2. The recorder shall be the city clerk, and shall per- form all the duties and have all the statutory powers of a town- ship or city clerk, in respect to the filing and custody of all pa- pers required to be filed, and the performance of all other statutory duties. He shall keep a record of the proceedings of the common council, and a record of all claims allowed by them. He shall also draw all orders on the treasurer for claims and accounts allowed by the common council, and if required, keep an account as near as may be, to which fund the same belongs. 14 CHARTER OF THE Sec. io. Justices of the peace shall have such jurisdiction to hear, try and determine civil and criminal cases, as is given by statute, and shall also have jurisdiction of all cases arising under the charter or ordinances of said city. Sec. ii. The recorder, city treasurer, collector and street commissioner shall respectively give bonds to the city in such sums and with such sufficient sureties, conditioned for the faith- ful performance of their respective duties, as shall be ordered and approved by the common council: Provided, That any officer performing the duties required by township officers, in regard to the collection of taxes, shall give and file their bonds in such amounts and in such time as is required by the cor- responding township officers; and the several officers above named shall perform all other duties and exercise such powers as may be defined by this charter, and the ordinances of the common council passed in conformity to it. Sec. 12. All other officers shall have such powers and per- form such duties as may be given and required by this act, and the ordinances and resolutions of the common council. TITLE IV. OF THE POWERS OF THE COMMON COUNCIL. Sec i. The mayor, recorder and aldermen, when assem- bled together and organized, shall constitute the common coun- cil of the city of Ann Arbor, and a majority of the whole (the mayor or recorder always being one) shall be necessary to con- stitute a quorum for the transaction of business, (but alessnum- ber may adjourn from time to time;) and the common council may be summoned to hold their meetings at such time as the mayor, or in case of his absence or inability to act, the recorder may appoint, and at such place as shall have been designated as council room by the common council. The com- mon council shall have power to impose, levy and col- lect such fines as they deem proper, nor exceeding five dollars, for the non-attendance at any meeting of any officer of the corporation, who has been duly notified to attend the same. CITY OF ANN ARBOR. 15 In case of the absence of the mayor or recorder from such meet- ing, the members present may appoint a president or recorder fro tempore. Each member of the common council shall be entitled to one rote. Sec. 2. The common council, in addition to the powers and duties specially conferred upon them in this act, shall have the management and control of the finances, rights, interests, buildings and all property, real and personal, belonging to the city, and make such orders and by-laws relating to the same as they shall deem proper and necessary; and further, they shall have power, within said city, to enact, make, continue, modify, establish, amend and repeal such ordinances, by-laws and reg- ulations as they deem desirable, within said city, for the follow- ing 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 religious congregation, or any other public meeting assembled for any lawful purpose; Second. To restrain and prevent disorderly and gaming houses and houses of ill-fame, and seize all instruments and de- vices used for gaming, and to prohibit all mock auctions, gaming and fraudulent practices and devices, and to regulate and re- strain billiard tables and bowling alleys. Third. To forbid and prevent the vending or other dispo- sition of liquors and intoxicating drinks, in violation of the laws of this State, and to forbid the selling or giving to be drunk, any intoxicating or fermenting liquors to any common drunkards or to any child or young person, and to prohibit, restrain and regulate the sale of all goods, wares and personal property at auction, except in cases of sales authorized by law, and fix the fees to be paid by and to auctioneers; Fourth. To prohibit, restrain and regulate all sports, ex- hibitions of natural or artificial curiosities, caravans of ani- mals, theatrical exhibitions, circuses or other public perform- i8 CHARTER OF THE 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, regulating and managing burial grounds, within or without the city, when established for the benefit thereof; to regulate the burial of the dead, and to compel the keeping and return of bills of mor- tality; Twenty-first. To establish, order and regulate the mar- kets; 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 butch- ers for license; to prohibit the sale of unwholesome meat, poul- try, fish, vegetables, or other articles of food or provisions; im- pure, spurious or adulterated wine, spirituous liquors or beer, or knowingly keeping or offering the same for sale: 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 prevent the waste of water; to authorize and empower, under such regula- tions and upon such terms and conditions as they may choose, the laying of water-pipes in the streets and alleys of the city for the purpose of supplying the inhabitants of said city with water; to grant such exclusive privileges as they may deem expedient, to any company for that purpose, and to regulate the supply and use of the water; 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, por- ters and chimney sweeps, and their fees and compensation; and to make regulations for preventing auctions, peddling, pawn- brokerage, or using for hire, carts, drays, cabs, hacks or any kind of carriage or vehicle, or opening or keeping any tavern, hotel, victualing house, saloon, or other house or place for furnishing meals, food or drink, or billiard-tables or ball alleys, CITY OF ANN ARBOR. 21 First. From a copy certified by the recorder of the city of Ann Arbor; or Second. From the volume of ordinances purporting to be printed by the authority of the common council. Sec. 7- The common council shall have power to pur- chase and to hold suitable lot or lots of land, within or without the corporate limits, for the purpose of a city cemetery or ceme- teries, and they shall make such rules and regulations regarding the same as they may deem necessary, and may cause the same to be surveyed into suitable lots, and may dispose of the same to purchasers, and thereupon cause to be executed to such pur- chaser a good and sufficient deed in the corporate name of said city, which deed shall be signed by the mayor and recorder. The cemeteries now existing within the limits of said city shall be subject to all laws, ordinances and resolutions in force in said city, and the common council of the city of Ann Arbor shall have power and authority to make such by-laws or ordinances and prescribe such rules and regulations as they may deem necessary and expedient for the protection, management and government of any cemetery or burial ground in said city, and to prescribe in and by any such laws or ordinances that any per- son or persons violating any of the- by-laws, ordinances, rules or regulations so made, shall or may, upon conviction thereof, be punished by a fine not exceeding twenty-five dollars, or be im- prisoned in the county jail or house of correction not exceed- ing thirty days, or by both, in the discretion of the court or justice before whom the offender shall be tried. Sec. 8. The common council shall have power, whenever in their opinion the necessities of the city require, to construct a city almshouse, city hall, city market or markets, and city slaughter house, and appoint the keepers or clerks and neces- sary officers thereof, and may locate such city almshouse and city slaughterhouse within or without the city limits, and may make such regulations in regard to the same, as the common council may think proper. Sec. 9. The common council shall, in the month of March i n each year, make out a detailed statement of all the receipts 22 CHARTER OF THE and expenditures of the corporation for the past year, which statement shall state particularly upon what account all moneys were received, and it shall also specify all appropriations made by the common council during the year, and the particular pur- pose for which each appropriation was made. Such statement shall be signed by the mayor and recorder, and be filed in the recorder's office, and a copy thereof shall be published in a newspaper printed in said city for at least two weeks. Sec. io. The common council shall have authority to make all by-laws and ordinances relative to the powers, duties and compensation of the officers of said corporation, subject to the restriction as to the compensation of officers mentioned in this act, to provide for the collection and disposition of all fines and penalties which may be incurred under the by-laws and ordi- nances of said city, and to make all such other by-laws, ordi- nances and regulations for the purpose of carrying into effect the powers conferred by this act, which they may deem neces- sary to provide for the safety and good government of the city, and preserve the health and protect the property of the inhabi- tants thereof; and to this end the common council may impose fines and penalties for any violation of the by-laws and ordi- nances which may be made by them as aforesaid. TITLE V. FINANCE AND TAXATION. Sec. i. The common council shall examine, settle and allow all accounts and demands properly chargeable against the said city, as well of its officers as other persons, and shall have authority to provide means for the payment of the same, and for defraying the contingent expenses of the said city, subject only to the limitation and restrictions in this act contained. Sec. 2. The common council shall have authority to assess, levy and collect taxes on all the real and personal estate tax- able in said city, which tax shall be and remain a lien upon the property so assessed until the same shall be paid: Provided, That they shall not raise by general tax in any one year, exclu- CITY OF ANN ARBOR. 33 sive of school taxes, more than three thousand dollars for gen- eral purposes, nor more than two thousand dollars for street or highway purposes, except as hereinafter stated, unless author- ized thereto by a vote of the property tax payers of said city,who are electors, when convened for that purpose, pursuant to pre- vious notice: Provided, The common council shall have the power, at the request of the aldermen,(or either of themi^of any ward, to cause to be levied and collected by tax in such ward, as other taxes, a sum not exceeding one thousand dollars per annum for highway purposes, to be expended in said ward, un- der the direction of the aldermen of said ward. Sec. 3. Whenever the common council shall deem it neces- sary to raise a greater sum in any one year, exclusive of school taxes, than three thousand dollars for general purposes, or two thousand dollars for street or highway purposes, they shall give at least five days notice, in writing, to be posted up in five public places in said city, which notice shall state the time and place of meeting, and shall specify the objects and purposes for which the money proposed to be raised is to be expended; and when such meeting shall be assembled in pursuance of such notice, such electors, by a ballot vote, shall determine the amount of money which shall be raised for each object speci- fied in the notice: Provided, That such tax shall not, in any one year, exceed one per cent, of the valuation of the real and personal estate taxable within the limits of the city: And pro- vided also, That not more than two such meetings shall be holden in any one year, to determine the amount of tax to be raised. At all such meetings the mayor, or in his absence, the recorder shall preside. Sec. 4. The common council may appoint the aldermen to assist the supervisor in taking the assessment of property in the respective wards where the alderman resides, and all State, county and school taxes in said city, and all city taxes which shall be raised by general tax, shall be levied and collected as near as may be, in the same manner as is provided by law for the assessment and collection of taxes by township officers ; and all proceedings for the return, sale and redemption of real CITY OF ANN ARBOR. 27 Sec. 10. Each collector shall, immediately after the receipt of the tax roll and before the first day of December, post up in the postoffice in the said city, and in as many as ten of the most public places in his collection district, conspicuous handbills, giving notice where the tax roll can be seen and taxes paid, and a receipt therefor obtained without expense, at any time be- tween nine o'clock in the forenoon and twelve o'clock, noon, and from one until four o'clock in the afternoon, during the month of December, (Sundays and Christmas day excepted ;) and the tax roll shall be kept at the place or places mentioned in such handbills from nine o'clock in the forenoon until four o'clock in the afternoon of each day during the month of De- cember, (Sundays and Christmas days excepted,) so that any person or persons can pay the tax assessed against him or them, and obtain the collector's receipt therefor ;^md on all taxes so paid prior to the first day of January, no fee or per centage be- sides the amount of tax so specified in such roll shall be Sec. 11. The common council may by ordinance pre- scribe what amount, not exceeding three per cent, nor less than one per cent., the collector or collectors may add for his fees to / each tax remaining unpaid on the first day of January, upon his tax roll, and it shall be lawful for each collector to add to each tax remaining unpaid on his roll on the first day of Jan- uary, such per centage as the common council may have pre- scribed for the collector's fees, and to collect such per centage with such tax, in the same manner as he is authorized to collect the tax; and for the purpose of collecting such' taxes by the collector, such additional per centage shall be deemed and taken to be a part of the tax. Sec. 12. Each collector in said city shall and may proceed to collect the taxes in his collection district, and to pay over money to the county treasurer, and to return to the county treasurer a statement of the taxes remaining unpaid and due, in the manner provided by law for township treasurers, and all the provisions of the laws of this State, relating to the collec- tion of taxes by township treasurers, or to the paying over charged or payable.} 28 CHARTER OF THE money by township treasurers to the county treasurer, or re- turning by the township treasurer to the county treasurer of a statement of the taxes remaining unpaid and due, are hereby made applicable to the collector or collectors of said city. Sec. 13. Each collector shall, on or before the first day of February, account for and pay over to the city treasurer, the full amount of all the taxes contained in his tax roll, deducting the amount to be paid to the county treasurer, and deducting the amount of one per cent, upon all taxes collected by such collector, for the collector's fees for collecting or receiving the same. Sec. 14. No bond, note or other obligation or evidence of indebtedness of said corporation, except orders on the treas- urer, as hereinafter provided, shall ever be given or issued by said corporation, or by any officer thereof, in his official ca- pacity, whereby the said city shall become 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 the tax-payers of said city in conformity to this act, but the common council may allow just claims against the city, and may issue orders therefor on the treasurer, payable on the first day of February next thereafter, but such orders shall not in the aggregate, in any one year, exceed the aggregate of taxes levied to pay the same in such year. All moneys received for the use of said city, shall be paid into the city treasury; and no money shall be drawn from the treasury unless it shall have been preriously appropriated by the common council to the purpose for which it shall be drawn, except school moneys drawn upon lawful authority, and the treasurer shall pay out no money, except as above stated, but upon the written war- rant of the mayor and recorder. TITLE VI. STREETS, sidewalks and public improvements. Sec. i. The common council shall be the commissioners of highways for said city, and shall have the care, supervision and control of the highways, streets, bridges, lanes, alleys, CITY OF ANN ARBOR. 29 parks and public grounds therein, and of keeping, preserving, repairing, improving, cleansing and securing of such high- ways, bridges, lanes, alleys, parks and public grounds. The common council shall have power to regulate the time and manner of working upon the streets; to provide for grading and paving the same; to prevent the obstruction or incumber- ing 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 public grounds in said city, and to keep such public grounds in good condition; to lay out, open and repair streets and al- leys, and the same to alter and vacate, and to alter and vacate those already laid out. Whenever the common council shall be applied to in writing by ten or more freeholders of said city to lay out, establish, open, alter or discontinue any street, com- mon, lane, alley, sidewalk, highway, water-course or bridge, they shall proceed to lay out, establish, open, alter or discon- tinue the same as hereinafter directed: Provided, That no second application shall be made within twelve months for that purpose. Whenever the common council shall be applied to as before mentioned, to lay out and establish, open, alter or discontine such streets, commons, lanes, alleys, sidewalks, high- ways, water-courses and bridges, the common council shall give notice thereof to the owners or occupants or persons in- terested, or his or their agent or representative, by personal service or by posting up notices in five or more public places in the city, stating the time and place, when and where the common council will meet to consider the same, which notice shall describe the street, lane, common, alley, sidewalk, high- way, water-course or bridge proposed to be laid out, altered, opened, established or discontinued, and which notice shall be posted at least ten days before the time of meeting. If after hearing the persons interested, who may appear before them, the common council shall determine to lay out or alter any street, lane or alley, they may proceed to obtain a release of the CITY OF ANN ARBOR. 31 one dollar for their fees, and the award of said jury shall be final and conclusive. The damages which shall have been awarded as herebefore provided, or which shall have been con- tracted to be paid by said common council as in this section provided, and the fees and charges lawfully incurred shall be levied and collected in said city, and shall be paid on the order of the common council as 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 sh.ill 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-resi- dents, it shall be sufficient to make the award of damages to the "unknown owner or owners, cr non-resident owner or own- ers" of the parcel of land taken, describing it as the parcel through which street, lane, alley, sidewalk, bridge or highway may run, and the unknown parties or non-residents shall be en- titled to receive their orders as aforesaid upon proof to the com- mon council of their ownership of said property so appropria- ted to the public use. Sec. 2. The common council shall have all the powers given by statute to highway commissioners, so far as applicable, except as herein otherwise provided; and the city recorder shall discharge the like duties as are imposed on the township clerk by the provision of law. Sec. 3. When the damages or compensation aforesaid shall have been paid or tendered to the person entitled thereto, or an order on the city treasurer for the amount of such damages, shall have been executed and delivered, or tendered to such person or persons, if known, and residents of said city, said common council shall then give notice to the owner or occu- pant of the land through which any such highway, street, lane, alley or common, sidewalk, water-course or bridge shall have been laid out, altered or established; or if such owner or occu- pant shall not be known, or be non-resident, then by posting such notice in three public places in the ward or wards in which said property shall be situated, and require him within 32 CHARTER OF THE such time as they shall deem reasonable, not less than thirty days after giving such notice, to remove his fence or fences; and in case such owner or occupant shall neglect or refuse to remove his fence or fences within the time specified in such no- tice, the said common council shall have full power, and.it shall be their duty to enter with such aid and assistance as shall be necessary, upon the premises and remove such fence or fences, and open such highway, street, lane, alley, sidewalk or water-course, without delay, after the time specified in such notice shall have expired: Provided, That in the rural dis- tricts of said city, no person shall be required to remove his fence or fences between the first day of May and the first day of November. Sec. 4. No person shall be deemed to have gained any title as against the city by lapse of time, to any street, lane, alley, common or public square heretofore laid out or platted by the proprietor or proprietors of said city, or any part thereof, by reason of any encroachment or enclosure of the same. Sec. 5. The common council shall have power to cause the expense of making, paving and opening streets, lanes and alleys, of grading, paving or planking sidewalks, of making drains, sewers, water-courses and ditches, and other local im- provements to be assessed against the owners or occupants of the lots or premises which are in front of or adjoining such improvements, or by general tax, as they may deem just and proper: Provided, That no such assessment shall be made or collected other than by general tax, unless upon the application in writing of two-thirds of all the resident owners or occupants of the real estate which may be subject to pay the tax for such local improvement; and the common council shall have power to make all by-laws and ordinances relative to the mode of as- sessing, levying and collecting such tax, and they may, by such by-laws and ordinances, provide that the real estate assessed for such improvements, may be sold or leased for a term of years to pay such assessment. Sec. 6. The common council shall have power to assess and collect from every white male inhabitant of said city over CITY OF ANN ARBOR. 33 the age of twenty-one years (except paupers, idiots and lunatics) an annual capitation or poll tax not exceeding one dollar, and they may provide by their by-laws for the collection of the same; and the street commissioner shall have and possess all the powers given by statute to overseers of highways in the collection of highway taxes assessed against individuals in townships, except as is otherwise provided by the ordinances or by-laws of said common council: Provided, That any per- son assessed for a poll tax may pay the same by one day's labor upon the streets, under the direction of the street commissioner, who shall give to each person so assessed, notice of the time and place when and where such labor will be required; and the money raised by poll tax, or the labor in lieu thereof, shall be expended or performed in the respective wards where the person so taxed shall reside. Sec. 7. The common council shall have power to provide for keeping clear, repairing and renewing, when necessary, all sidewalks that are now made, or may hereafter be made, planked or paved, within the city of Ann Arbor, and to make rules and ordinances to require the respective owners or occu- pants of real estate in said city, having a sidewalk in front thereof, to keep it clear and in good repair, or renew when necessary the sidewalk in front of the premises owned or occu- pied by them respectively, and the common council shall have power to provide for enforcing by fine or otherwise, the repair, clearing or renewing the sidewalks, against the owner or occu- pant, whose duty it is to repair, clear and renew the same, and may prescribe the time and manner of notifying and requiring persons to clear, repair or renew such sidewalks, preparatory to imposing fine or penalty, and the manner of imposing, levy- ing and collecting any such fine or penalty, and may prescribe the manner of assessing, levying and collecting from the person or persons liable to pay, from their goods and chattels, or by sale or by lease for years of the premises, in front of which such sidewalk shall be; and if by reason of the neglect of the owner or occupant, whose duty it may be at the time, to clear, repair, or renew the same shall have been repaired or renewed 3 CITY OF ANN ARBOR. 37 a proper number of firemen, not exceeding eighty to each en- gine, such numbers of hook and ladder men, and such number of tub and hose men, as may be appointed by the said com- mon council, all to have privileges and exemptions of firemen, and to hold their appointment during the pleasure of the com- mon council. Sec. 9. The common council may make rules and regula- tions for the government of the said engineers, wardens, firemen, hook and ladder men, and tub and hosemen; may prescribe their respective duties in case of fire or alarms of fire; may direct the dresses and badges of authority to be worn by them; may prescribe and regulate the time and manner of their exer- cise, and may impose reasonable fines for the breach of any such regulations. Sec. 10. The engineers and fire wardens, under the direc- tion of the common council, shall have the custody and general superintendence of the fire engines, engine house, hooks, lad- ders, hose, public cisterns, reservoirs and other conveniences for the extinguishment and prevention of fires, and it shall be their duty to see that the same are kept in order, and to see that the by-laws and ordinances relative to the prevention and extin- guishment of fires are duly executed, and to make detailed and particular reports of the state of their department, and of the conduct of the firemen, hook and ladder men, tub and hose men, to the common council at stated periods, to be prescribed by the common council, and to make such reports to the mayor whenever required by him; the certificate of the recorder that a person is or has been a fireman shall be evidence of the facts in all courts and places, and proof of the genuineness of such certificate. Sec. 11 The common council may, by ordinance, direct the manner in which the bells of the city shall be tolled or rung in cases of fire or alarms of fire, and may impose penalties for ringing or tolling of such bells in such manner at any other time than during a fire or alarm of fire. Sec. 12. The common council may provide suitable com- pensation for any injury that any fireman, hook and ladder man, CITY OF ANN ARBOR. which they shali deem necessary or expedient, for the preser- vation of health and^suppression of disease in the city, and to carry into effect and execute the powers hereby granted. Sec. 4. The owner, driver, conductor, or person in charge of any stage coach, railroad car or other public conveyance which shall enter the city, having on board any person sick of malignant fever or pestilential or infectious disease, shall, within two hours after the arrival of such sick person, report in writing the fact, with the name of such person, and the house or place where he was put down in the city, to the mayor, or some mem- ber or officer of the board of health, and any and every neglect to comply with the provisions, or any of them, shall be a mis- - demeanor, punishable with fine and imprisonment. Sec. 5. Any person who shall, knowingly bring or pro- cure, or cause to be brought into the city, any property of any kind, tainted or infected with any malignant fever or pestilen- tial or infectious disease, shall be guilty of a misdemeanor, punishable by fine and imprisonment. Sec. 6. Every keeper of an inn, or boarding house or lodging house, in the city, who shall have in his house at any time any sick traveler or stranger, shall report the fact and name of the person in writing, within six hours after he came to board or was taken sick therein, to the mayor, or some offi- cer or member of the board of health; every physician in the city shall report, under his hand, to one of the officers above named, the name, residence and disease of every patient whom he shall have sick of any infectious or pestilential disease, within six hours after he shall have visited such patient. A violation of either of the provisions of sections four, five and six, or any part of either of them, shall be a misdemeanor, punishable by fine and imprisonment, the fine not to exceed one hundred dollars, nor the imprisonment six months. Sec. 7. All fines imposed under this title, shall belong to the city, and when collected shall be paid into the treasury, and be devoted to the maintenance and support of the pest-house, or of any hospital that may hereafter be established by the city. 42 CHARTER OF THE Sec. 8. 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, drain ing, cleansing, cleaning and regulating any grounds, yards, basins, or cellars, within the said city, that shall be sunken, damp, foul, incumbered with filth and rubbish or unwholesome, and for filling, or altering and amending all sinks and privies within the said city, and for directing the mode of constructing them in future, and to cause all such works as may be neces- sary for the purpose aforesaid and for the preservation of the public health and the cleanliness of the city, to be executed and done at the expense of the city corporation, on account of the persons respectively, upon whom the same may be assessed, and for that purpose cause the expenses thereof to be estimated, assessed and collected, and the lands charged therewith sold in case of non-payment, the same as is provided by law with respect to other public improvements within said city, and in all cases when the said by-laws or ordinances shall require any- thing to be done in respect to the property of several persons, the expenses thereof may be included in one assessment, and the several houses and lots in respect to which such assessment shall have been incurred, shall be briefly described in the man- ner required by law in the assessment roll for the general ex- penses 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 expended in making such improvement upon such premises, together with a ratable proportion of the expenses of assessing and collecting the money expended in making such improvements. Sec. 9. Whenever, in the opinion of the common council, any building, fence, or other erection of any kind, or any part thereof, is liable to fall down, and persons or property may thereby be endangered, they may order any owner or occupant of the premises on which said building, fence, or other erection stands, to take down the same or any part thereof within a reasonable time, to be fixed by their order, or immediately, as the case may require, or may immediately, in case the order is CITY OF ANN ARBOR. 49 MISCELLANEOUS PROVISIONS. Sec. i . The mayor or chairman of any committee or special committee of the common council shall have power to admin- ister any oath, or take any affidavit in respect to any matter pending before the common council or such committee. Sec. 2. Any person 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 affirmation, in any statement or affi- davit, or otherwise, wilfully swear falsely as to any material fact or matter, shall be deemed guilty of perjury. Sec. 3. If any suit shall be commenced against any per- son, elected or appointed under this act to any office, for any act done or omitted to be done under such election or appoint- ment, or against any person haring done any thing or act by the command of any such officer, and if final judgment be ren- dered in such suit, whereby any such defendant shall be enti- tled to costs, he shall recover double costs in the manner defined by law. Sec. 4. The common council of said city is hereby au- thorized and required to perform the same duties in and for said city as are by law imposed upon the township boards of the several townships of this State, in relation to schools, school taxes, county and State taxes, and State, district any county elections; and the supervisors and assessors, justices of the peace and recorder, and all other officers of said city, who are required to perform 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 subject to the same liabilities as provided for the corresponding township officers, excepting as is otherwise provided in this act, or as may be provided by the ordinances of the common council. Sec. 5. 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 either of the corporations 4 50 CHARTER OF THE CITY OF ANN ARBOR. known as the village of Ann Arbor or of the city of Ann Arbor, shall be and remain the property of the said city of Ann Arbor. Sec. 6. All acts heretofore enacted in regard to the village of Ann Arbor, or the city of Ann Arbor, coming 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 com- menced 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 exer- cise the duties of such offices during the term for which they were respectively elected, unless by change of boundaries they shall cease to reside in the ward or district for which they were elected. Sec. 7. 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 town- ship of Ann Arbor, Sec. 8. This act shall be deemed a public act, and shall be favorably construed in all courts. Sec. 9. This act shall take effect and be in force from and after its passage. Approved March 23, 1867. AMENDMENTS TO THE CHARTER OF THE CITY OF AKN AEBOR. [No. 119.] A BILL to amend an act entitled "An act to revise and amend an act to incorporate the city of Ann Arbor," approved April fourth, eighteen hundred and fifty-one, and an act amendatory thereto, approved February twelfth, eighteen hundred and fifty-nine, and also an act amendatory thereto, approved February twenty-fifth, eighteen hundred and sixty-one, approved March twenty-third, eighteen hundred and sixty-seven. Section i. The feople of the State of Michigan, enact, That section two of title two of said act be amended so as to read as follows: « Sec. 2. The inhabitants of said city, having the qualifica- tions of electors, under the constitution and laws of this State, shall on the first Monday of April, in each year, at such place in each ward, as the common council shall designate, proceed to elect, by plurality of votes, by ballot from among the qualified electors of said city, one mayor, one recorder, one justice of the peace for said city; and the qualified electors of the first and second wards shall elect one supervisor^and one collector;) and the qualified electors of the third and fourth wards shall also elect one supervisoij/and one collector^ and the qualified electors of the fifth and sixth wards shall also elect one super- visor one collector j) the qualified electors of each ward shall, at the same time and place, elect one alderman and one 5a AMENDMENTS TO THE CHARTER constable: Provided, That in each ward in which there shall, at the time of such election, be no alderman having another year to serve, there shall be two aldermen elected, one for the term of one year and one for the term of two years, and one alderman shall thereafter be elected annually in each ward, to hold his office for the term of two years and until his successor is elected and qualified. Sec. 2. That section seven of title two of said act be amended so as to read as follows: Sec. 7. The officers of said city to be appointed by the common council shall be a marshal, treasurer, attorney, a chief engineer of the fire department, and two assistants ; a street com- missioner for each supervisor district, and such other officers whose election is not herein specifically provided for, as the common council shall deem necessary, to carry into effect the powers granted by this act, and to remove the same at pleasure. The common council shall also have power to remove the mar- shal at pleasure; and in case any office in said corporation shall become vacant from any cause, the common council shall, as soon as may be, appoint an officer to fill such vacancy for the unexpired portion of the year; and all officers so appointed shall be notified and qualified as herein directed. Sec. 3. That section eleven of title three of said act be amended so as to read as follows: Sec. 1i. The marshal, recorder, city treasurer/collector, and street commissioner shall respectively give bonds to the city in such sums and with such sufficient sureties, conditioned for the faithful performance of their respective duties as shall be or- dered and approved by the common council: Provided, That any officer performing the duties required by township officers in regard to the collection of taxes, shall give and file their bonds in such amounts, and in such time as is required by the corresponding township offiers; and the several officers above named shall perform all other duties and exercise such powers as may be defined by this charter, and the ordinances of the common council passed in conformity to it. ORDINANCES OF THE CITY OF ANN ARBOR. [No. i.] AN ORDINANCE RELATIVE TO POUNDS AND TO PREVENT CATTLE RUNNING AT LARGE. Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor. Section i. The common council of the city of Ann Arbor shall, as soon as practicable, provide two suitable pounds, one to be located north of Huron river to be styled "North Pound," the other south of Huron river to be styled "South Pound ;" and shall appoint a pound keeper for each pound, who shall hold the office until another is appointed in his place. Sec. 2. It shall be the duty of each pound keeper to re- ceive from any person, whose duty it is by this ordinance to drive the same, all animals so drove to the pound under his charge, to pay for driving, to safely keep, care for and feed, to deliver to the owner upon receiving his fees with all expenses, and to give notice and sell the same if not taken away in ac- cordance with this ordinance; he shall keep an account of all sales with a description of the animal sold, the amount for which it was sold, with the name of the purchaser, the cost and charges against such, crediting the balance to the city, and if paid to the owner state to whom and take his receipt therefor; he shall file a copy of such record with his account and receipt and the city treasurer's receipt with the recorder between the 5« ORDINANCES OF THE first and fifteenth day of March in each year, immediately pre- ceding which he shall pay to the city treasurer all balances in his hands. Sec. 3. It shall be unlawful for any horse, mare, mule, colt, bull, ox, steer, cow, calf, hog, shoat, pig, sheep, goose, or duck to go at large within the limits of the city of Ann Arbor; it shall be lawful for any person and it shall be the duty of the marshal and each of his deputies and of each constable of said city to drive the same to pound or cause the same to be so driven, and for driving the same to pound as aforesaid the mar- shal, constable, or any person employed by the marshal, shall be entitled to receive twenty cents for each horse, mare, mule, colt, bull, ox, steer, cow, calf, hog, or shoat, and five cents for each sucking pig, sheep, goose or duck. Sec. 4. The pound keeper shall be entitled to the same fees for receiving that the driver is for driving each animal, together with reasonable charges for keeping and feeding, not exceeding twenty-five cents per day which shall be paid him by the owner thereof or by some other person, before such animal shall be released from the pound,and if the owner shall not pay the fees for driving, impounding, and all reasonable charges within forty-eight hours after the same is impounded, then the pound keeper shall sell such animal at public vendue at the pound, giving three days notice thereof by advertisements posted at the pound, at the nearest public house, and at the post-office in said city, except the geese and ducks which may be sold after forty- eight hours detention without notice, two or more bidders being present; the pound keeper shall be entitled to receive out of proceeds of the sale fifty cents for advertising each lot of ani- mals and five per cent, on amount of sale for selling, he shall return the surplus to the owner of such animal, provided it shall be demanded previous to its being paid to the city treasurer. Sec. 5. It shall be the duty of the marshal, and each of his deputies, to carry the provisions of this ordinance into effect, and upon complaint, before any justice of the peace in said city of a neglect or failure, after due notice, to drive or cause to be driven to the pound any horse, mare, mule, colt, bull, ox, CITY OF ANN ARBOR. 57 steer, cow, calf, hog, shoat, pig, sheep, goose, or duck found running at large in said city, with proper proof thereof, he shall on conviction be sentenced to a fine of not less than one dollar nor more than five dollars together with cost of prosecution. Sec. 6. If either of the pound keepers shall refuse to re- ceive any animals driven to the pound, in accordance with this ordinance, or shall wilfully neglect any other duty hereby pre- scribed he shall upon conviction pay a fine of one dollar and cost of prosecution, and if he shall neglect to render a correct account and to pay over whatever balance there may be in his hands according to section two, he shall upon complaint and conviction before any justice of the peace in said city, pay a fine of not less than ten dollars, together with the amount of all moneys ascertained to be in his hands, and costs of prosecution. Sec- 7. If any person shall wilfully break or attempt to break either of the pounds in said city or rescue or attempt to rescue any animal confined therein, or while being driven there- to, or attempt to prevent the same from being retaken, provided it shall have escaped, he shall upon conviction thereof be fined not exceeding fifty dollars and costs of prosecution, or im- prisoned ten days and costs of prosecution, or both, according to discretion of the court. Sec. 8. The marshal or his deputies shall not be under obligation to drive milch cows to pound, between 6 o'clock A. M., and 8 o'clock P. M., after the i5th day of March, and be- fore the 15th day of November, unless the same are breachy, or malicious, or trespassing upon the enclosure of any person or persons other than the owner of said cows. Sec. 9. When any cow or other animal shall have entered the enclosure of any person not the owner of said animal, the owner or occupant of said premises, his or her employe, may drive the same to pound, having the same rights that the mar- shal or his deputies have by the ordinance first above mentioned; and the same penalties shall be attached to any person who may attempt to rescue the animal from the driver. Sec. 10. No person shall enter the enclosure of the owner of any animal and drive it therefrom, unless the same shall have 62 ORDINANCES OF THE common council, or the chief engineer or any other officer au- thorized to direct at any fire, , he shall pay a fine not exceeding twenty dollars. Sec. 12. Any hook and ladder company, or any persons present at a fire shall, under the direction of the chief engineer and two members of the common council, or in the absence of the chief engineer, then under the direction of the assistant engineers and two members of the common council, or in the absence of the chief and assistant engineers, then under the direction of three members of the common council and of the foreman of a fire company, cut or pull down and remove any building or other erection, for the purpose of checking the pro- gress of the fire. [No. 4.] AN ORDINANCE RELATIVE TO THE PREVENTION OF FIRES. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor. Section i . That the fire wardens of the respective wards shall examine into and correct any infraction of the ordinances made for the protection of the city from fires in their respective wards particularly, and the city generally, and shall make re- ports to the common council respecting danger from exposure to fires, on the first Mondays in June and December in each year; and any neglect of such duty shall subject the fire war- den to a fine of five dollars, and to removal from office. Sec. 2. It shall be the duty of the fire wardens or any two of them, twice in each year, in the months of May and Novem- ber, and as much oftener as they may deem proper, between sunrise and sunset, to enter into any house or building, yard or premises in the city and examine the fire-places, chimneys, stoves and pipes thereto, and other apparatus likely to cause CITY OF ANN ARBOR. 63 fires; also places where ashes, hay, straw, shavings or other combustible materials may be lodged, and to give such direc- tions in regard thereto to the owner or occupant of such prem- ises either for the removal, alteration or better care and manage- ment thereof as they may deem necessary to protect the city from fire; and such direction shall be complied with by the per- son or persons to whom they shall be given, and at the expense of such owner or occupant. Sec. 3. The said wardens shall have authority to cause chimneys to be burned out or otherwise cleaned, whenever they shall think it necessary—to require chimpeys in black- smiths' shops and furnaces to be so constructed or altered as to prevent sparks from exposing buildings to fire, and to remove or abate, with the consent of the mayor, recorder, or any alder- man, (if the owner or occupant shall neglect to do so,) any cause from which immediate danger from fire may be appre- hended, at the expense of the person or persons occasioning the same. Sec. 4. No stove pipe shall be put up or kept up in any building in said city unless it pass into a chimney made of brick or stone; nor shall any person at any time set fire to any chim- ney for the purpose of cleaning the same, without previous con- sent of the fire warden of the proper ward; and every person violating the provisions of this section shall forfeit for every offence three dollars, and the further sum of one dollar for every twenty-four hours any such stove pipe shall remain so put up after notice of any fire warden to alter the same. Sec. 5. Every chimney hereafter to be erected in said city shall be plastered with lime mortar on the inside thereof, under a penalty of twenty dollars, and a further penalty of five dol- lars for every ten days neglect to take down or alter the same after notice given by a fire warden for that purpose. It shall be the duty of the fire wardens to examine all chimneys when the same are being constructed, and if they are not in conformity with the requirements of this section, to make report thereof to the common council. 68 ORDINANCES OF THE corporation, and the guilty person shall be liable to the corpora- tion for such expenses, in addition to the penalty above im- posed. [No. 6.] AN ORDINANCE RELATIVE TO PUBLIC HEALTH. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor— Section i. It shall be the duty of each and every physi- cian of this city or other person practising as such, upon being called to visit any patient who shall prove to be sick of small pox, varioloid or cholera, to give immediate notice of the same, together with the name and residence of such patient, to the mayor, recorder, or any alderman of said city, to the end that the board of health of said city may take such action in relation thereto as may be necessary for the preservation of the public health. Sec. 2. Any physician or other person practising as such who shall fail to give notice as provided in the preceding sec- tion, shall upon conviction thereof be subject to a fine of not less than ten nor more than fifty dollars, with costs of prosecu- tion. Sec. 3. It is ordained by the common council of the city of Ann Arbor, that the board of health instituted by and ap- pointed under resolution of said common council on the sixth day of November instant; and any other board of health, which may hereafter be appointed for said city, shall have and exercise all the power and perform all the duties conferred up- on or required of a board of health, by the provisions of chapter thirty-seven, of the compiled laws of the State of Michigan, and any act or acts of the legislature amendatory thereof or supplementary thereto. Sec. 4. Every person in defrult or eflending against any of the lawful reguulations or requirements of any such board of health, shall be punished forfeit and pay according to the pro- CITY OF ANN ARBOR. 69 visions of said chapter, and the act or acts aforesaid respecting his or her default or offence. Sec. 5. The city marshal, justices of the peace and con- stable of said city, shall respectively have and exercise within said city all such jurisdiction and powers and discharge all such duties appertaining to the objects, acts and doings of said board of health, as are conferred upon or requiring respectively of the sheriff of the county, justices of the peace, and constables, by the provisions of said chapter and the said act or acts, and all the acts and doings of said board of health, and the officers, agents and servants employed by them and the proceedings to enforce these requirements,- or carry out the objects of their ap- pointment, shall as nearly as may be conform to and be regula- ted and governed by the provisions of said chapter thirty-seven of the compiled laws of the State of Michigan, and the acts of the legislature, amendatory as supplementary thereto. [No. 7.] AN ORDINANCE RELATIVE TO SHOWS, THEATRICAL AND OTHER EXHIBITIONS. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor— Section i . It shall not be lawful for any person or persons to make or exhibit any show, or to perform or exhibit any plays, games, theatrical or other performances or exhibitions whatever, or to exhibit any natural or other curiosities for which pay in money or other consideration of any kind shall be demanded or received for admission, within the limits of the city of Ann Arbor, without having previously obtained a li- cense so to do, as hereinafter provided. Sec. 2. It shall be the duty of every person who may be desirous of exhibiting any such curiosities or shows, or of per- forming any plays, games, theatrical or other exhibition for which any consideration shall be demanded or received for ad- mission, to make application to the common council, or to the 72 ORDINANCES OF THE any building or upon any lot within the limits of this city, any sign, show board or show bills which shall extend from the front of such building or lot over the side walk more than three feet, -nor shall such sign or show board be less than eight feet in height above the side walk. Sec. 4. All posts or railings put up in any street for the support of awnings, shall be placed on the established line be- tween the side walk and street; nor shall any awning, or the rails or boards used for connecting the awning posts with the buildings, be less than eight feet in height above the side walk. Sec. 5. And to the end that there shall be and remain a free passage for all persons over and across the side walks of the city, for at least two-thirds the established width thereof from the outer line of the street, free from all obstructions thereon, or passage ways to cellars, or awnings or rails less than eight feet in height above the side walk, it shall be the duty of the marshal, upon knowledge or information that any of the side walks lying outside the line allowed for projections as aforesaid are in any manner obstructed or encumbered, to re- quire the occupant or owner of the premises in front of which such obstruction or encumbrance exists, to remove the same; and if such occupant or owner shall neglect for the space of twenty-four hours to comply with such requisition, the marshal shall forthwith cause such obstruction or encumbrance to be removed: Provided, That the provisions of this ordinance shall not be construed to apply to posts for awnings which are now standing, nor to shade trees or the boxes to protect them, nor to obstructions necessarily occasioned by the erection or re- pairing of buildings; but in such case no person shall obstruct more than one-half of the street and one-half of the side walk opposite the premises occupied by such person, without leave first obtained from the common council. Sec. 6. Excepting for the purpose of ingress and egrees to and from yards across the side walks, no person shall drive, ride, or lead, or suffer to remain, any horse, cart, carriage or CITY OF ANN ARBOR. 87 ~~ Sbc. 7. It shall not be lawful for any person other than a public officer in the discharge of his official duty, unless au- thorized by the common council, in writing, to sell or offer for sale by auction or otherwise, at wholesale or retail, in or upon any part of the public grounds, streets or sidewalks of the city of Ann Arbor, or upon any vacant lot in said city, not owned by him or property leased from the owner thereof, any liquors, groceries, medicines, nostrums, jewelry, pies, cakes, or mer- chandise; and every person offending against the provisions of this section shall, on conviction, be fined a sum of not less than one dollar nor exceeding twenty dollars, and costs of prosecu- tion. And it shall be the duty of the marshal, sheriff, or any constable, to forthwith arrest all persons offending against the provisions of this section, and take them before a magistrate for examination; and it shall further be the duty of the mar- shal, sheriff or any constable, to forthwith to remove as a public nuisance, any and all tables, boxes, benches, tents, booths, vehicles, thing or things whatsover, employed or attempted or be employed, in any sale contrary to the provisions of this section. Sec. S. No person shall leave any horse or horses at- tached to any cart, wagon, carriage or other vehicle in any part of the public streets of said city without being sufficiently tied or hitched, under a penalty not exceeding ten dollars and costs of prosecution, for each offence. Sec. 9. For any breach of any of the ordinances of said city of Ann Arbor, in the night time, it shall be the duty of the marshal, sheriff, or any constable, to arrest the persons, and either take them forthwith before a magistrate, or commit them for safe keeping in any safe place in said city, until nine o'clock the next day, unless that shall be Sunday, in which case he shall be committed until Monday, and then bring him before a magis- trate for examination. Sec. 10. If any person shall, on the arrival or departure of any railroad cars at or from said city, or for the period of thirty minutes after the arrival or before the departure of said cars, and within twenty rods of the place where said cars have or CITY OF ANN ARBOR 91 removed, and the owner or occupant of the land enclosed by said fence shall be liable to a fine of five dollars, and a further fine of five dollars for every day after the five days such ob- struction shall remain. Sec. 2. Any person who shall hereafter build or put up, or cause the same to be done, any fence, building or other ob- struction, encroaching upon any sidewalk, street, lane or alley within the bounds of the city, shall be liable to a fine of five dollars, and all costs of removing the same, and the street com- missioner shall cause the same to be removed. Sec. 3. That it shall not be lawful for any person to leave any horse, cart, wagon, carriage, sleigh, or other vehicle what- ever, standing in any street within said city of Ann Arbor, so as to obtruct the free passage of said streets. Nor shall any person run or race any horse, or drive any horse or horses, or any carriage or vehicle at a faster rate than six miles per hour in any of the streets of said city; and any person offending against any of the provisions of this ordinance shall, upon con- viction thereof, be fined not exceeding fifty dollars for each offence, or be imprisoned in the county jail not exceeding thirty days. [No. 19.] AN ORDINANCE RELATIVE TO MAD DOGS. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor. Section i . That whenever the mayor or recorder and any alderman shall deem it necessary, to protect the inhabitants of the city from mad dogs, they may direct the marshal to kill every dog which shall be found running at large within the city, without being securely muzzled so as effectually to prevent such dog from biting any person. Sec. 2. Be it further Ordained, That the marshal, whenever so directed by the officers mentioned in section one of this ordi- 94 ORDINANCES OF THE over to the treasurer of said city of Ann Arbor, taking from said treasurer duplicate receipts therefor, and filing one of said receipts in the office of the recorder of said city; and any per- son who shall neglect or refuse to pay over any such money so received, for the space of ten days after receiving the same, shall upon conviction thereof be fined not exceeding one hun- dred dollars, or imprisoned in the county jail not exceeding thirty days, or both, in the discretion of the court. [No. 23.] AN ORDINANCE RELATIVE TO GONGS. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor— That it shall not be lawful for any person to ring or sound any gong upon any of the streets, lanes, alleys, or sidewalks, or outside of any building fronting thereon, within said city; and any person offending against the provisions of this ordi- nance, shall upon conviction thereof be fined a sum not less than one dollar, nor more than five dollars, and costs of prose- cution, for each offence. [No. 24.] AN ORDINANCE RELATIVE TO GAS WORKS. Whereas, It is desirable that this city shall be lighted with gas, and in order to induce any company to undertake to sup- ply gas for that purpose it is necessary to secure to such company certain exclusive rights and privileges, subject to certain restrictions and conditions; and Whereas, The Ann Arbor Gas Light Company, a corporation recently formed in Ann Arbor for that purpose, has proposed to light the city with gas upon the terms hereinafter men- tioned—Therefore, Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor— That the exclusive right and privilege of erecting gas works within this city, and of laying and continuing gas pipes CITY OF ANN ARBOR. 95 along and across any and all of the streets, sidewalks, lanes, alleys and public grounds in said city, and of manufacturing gas in said city for sale for light, and of supplying said city and the buildings and streets therein with gas for lighting the same, be and is hereby granted and secured to the "Ann Arbor Gas Light Company," upon the conditions and under the restric- tions hereinafter mentioned, so long as said company shall con- tinue to supply gas for lighting said city, and shall comply with the restrictions and conditions hereinafter mentioned: Provided however, and this grant is made subject to the following re- strictions and conditions, to-wit: That said company shall within sixty days make and file w ith the recorder, to be re- corded and preserved, a copy of the articles of association of said company, and a written assent of said company to the pro- * visions of this ordinance, and the agreement by the said com- pany, signed by the officers of said company to erect gas works in said city, and to manufacture and supply gas as hereinafter mentioned; that said company shall within three months com- mence the erection of gas works in said city, and shall within one year lay down at least fifteen thousand feet of main gas pipe in said city, and shall supply and continue to supply all persons along the lines of such main pipe who may suitably supply their premises and buildings with service pipe and fix- tures for receiving and burning gas, and who may require and pay for the same and sign the rules and regulations usual with gas companies, with gas of as good quality as that furnished by the Detroit gas company, at a rate not exceeding, exclusive of a reasonable rent for meters, four dollars per thousand cubic feet for private lights, and to the corporation of the city of Ann Arbor, for public lamps, at a rate not exceeding three dollars and fifty cents per thousand cubic feet; and that thereafter, as other parts of the city may become more compactly built, so as to afford responsible applicants as consumers of gas in twenty different buildings who shall agree to take and continue to use and pay for gas therein for each additionl one thousand feet of main pipe, the said company shall within a reasonable time after such application for that purpose extend gas pipes and ORDINANCES OF THE furnish gas upon the terms aforesaid to such additional build- ings of said applicants; and that said company, in digging for and laying gas pipes, shall take care not unnecessarily or un- reasonably to obstruct or injure any street, sidewalk, lane or alley, and shall with reasonable diligence restore such street, sidewalk, lane or alley to as good a state of repair as the same was, in before disturbed by said company, and shall in all re- spects fully indemnify and save harmless the city of Ann Arbor from and against all damages or costs which the city may be put to or sustain by reason of such digging; and in case the divi- dends of said company shall average to exceed fifteen per cent per annum, the common council may, at any time, after giving to said company thirty days notice to show cause against such reduction, have power to compel the said company to make a reduction in the price of gas equivalent to the excess of its divi- dends over fifteen per cent per annum, the reduction to be pro rata to the citizens and the corporation ; and it is further agreed that the said "Ann Arbor Gas Light Company" shall locale their gas works on block seven, eight, ten or eighteen of Page & Ormsby's addition, or at such other point as the common council and board of directors may agree upon. [No. 25.] AN ORDINANCE TO PREVENT INJURY TO WELLS. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor— Section i. That it shall not be lawful for any person or persons hereafter to dig, make, or construct any well, or to con- tinue any well heretofore made, in whole or in part, in any of the streets, lanes, or alleys of the said city, or bordering upon the line of the same, or open thereto, without obtaining license so to do from the common council of said city, who shall also have authority of directing the manner of constructing, ar- ranging, and securing the same. And any person who shall, at any time, fail to comply with such directions, or otherwise 98 ORDINANCES OF THE according to their extent of front on said street, lane or alley. The word "front" as used in this ordinance shall be construed to mean that part of the lot or parcel of real estate which di- rectly abuts on that part of the street, lane, or alley to be graded or paved. Sec. 3. For the purpose of such assessment, the lots, parts of lots, and parcels of real estate fronting upon the portion of the street, lane, or alley, within the limits specified in said ap- plication, which said common council may have ordered graded or paved, shall constitute one local assessment or taxing dis- trict. Sec. 4. The person designated by the common council for making the assessment, as provided in section two of this ordi- nance, shall, with all due diligence, ascertain from the best evi- dence in his power, all the necessary facts, and shall then make out an assessment roll describing therein by itself with suffi- cient accuracy each lot or portion of lot or real estate owned by any one person or company of persons fronting on the portion of the said street, lane, or alley ordered by the common council to be graded or paved and constituting a local assessment or taxing district as aforesaid, and also stating the length of front of each lot, part of lot or parcel of real estate front- ing on said street, lane, or alley within the limits aforesaid, also stating the name of the owner or several owners of said lot, part of lot, or portion of real estate, and when he cannot ascer- tain the name of such owner or owners or either of them, he shall state such facts in said roll. Said roll shall also state the width of all intersecting streets, lanes, or alleys which may be passed or crossed by such grading or paving. Said person designated as above shall also in as accurate a manner as possi- ble ascertain and in said roll set forth in separate columns the space or number of yards or feet graded or to be graded, the space or number of square yards or feet to be paved and the quantity of curbing to be placed in front of the lot or premises owned by any one person or set of persons; also stating the number of yards or feet graded or to be graded, the number of square yards or feet to be paved and the quautity of curbing to CITY OF ANN ARBOR. IOI part of lot, or portion of real estate within such assessment or taxing district, and shall state the sum apportioned to each re- spectively, and in all respects complete said roll as provided in sections two, three and four of this ordinance. Sec. 8. The recorder shall then make out a notice directed to the persons named in said assessment roll, and proposed to be assessed, notifying them that they are about to be assessed to defray the expense of grading or paving the street, lane, or al- ley in front of and adjacent to certain premises owned by them in said city and that a report or assessment roll made out in the premises is on file in the office of said recorder for inspection, and further notifying them of the time and place when the com- mon council will meet and review said report or assessment, within thirty days after the date of said notice, and hear any objection which may be made thereto, which notice shall be published in all the newspapers printed in said city for at least two consecutive weeks. The common council shall at the time and place in said notice specified or at some session thereafter within the time above limited, take said assessment into con- sideration, and if no person appears to object to said roll and no good cause to the contrary appears and an affidavit of pub- lication of the requisite notice having been made by some one acquainted with the facts, said council shall by a written reso- lution to be entered upon its journal, declare that it approves said report or assessment roll, that it receives as correct the de- scription of the premises and the names of the individuals therein contained, and that the sum which said roll states to be the correct one which each individual or set of individuals should be assessed at and pay be the assessment and be collected from the respective persons liable according to law and be a lien upon said separately described portions of real estate, but if any sufficient cause appears or is shown to said common council, it shall review said roll and make such assessment as may be just and right in the premises, and said common coun- cil may, if necessary, adjourn from one time to any reasonable time for the purpose of finishing said review of said assess- ment, and shall then approve said roll as hereinbefore provided. 102 ORDINANCES OF THE After the assessment roll shall have been fully and finally con- firmed as provided herein, it shall be delivered to the collector of the district in which the local assessment or taxing district aforesaid may be located, who shall proceed in the collection of said assessment as hereinafter provided. Sec. 9. At the time of such delivery of said assessment roll to the collector, the recorder shall attach a warrant thereto under the hands of the mayor and recorder, and the seal of said city, commanding him to collect from the several persons named in said roll the several sums mentioned opposite their respective names in the same manner as is provided for the collection of State, county, and township taxes, and with like charges, and pay over the same to the city treasurer, and make returns to the common council of his doings thereon within forty days: Pro- vided, That immediately upon the receipt of such roll, such collector shall give notice by publication at least one week in all the newspapers published in said city, that such assessment roll has been delivered to him, and that the taxes therein as- sessed can be paid to him at his office, in said city, at any time within fifteen days after the publication of such notice, without any charge or percentage for the collection thereof, and he shall cause affidavits of such publication to be filed in the office of the recorder. By virtue of said warrant such collector shall have the same power to levy and collect the said several sums of money by distress and sale of goods and chatties which township treasurers have under the laws to collect State, county, and township taxes. It shall be the duty of the collector, upon the receipt of such warrant with the assessment roll attached, to collect the taxes therein mentioned, as herein specified, with all reasonable diligence. If any such sums in such assessment rofl shall remain unpaid and the collector shall not be able to collect the same within the time limited by such warrant, the same proceedings shall be had in every respect for the sale or leasing of the lands described in said assessment for the non- payment of the tax thereon, as is provided by sections two of ordinance number ten of the city of Ann Arbor, being "an ordinance relative to repairing and renewing sidewalks," CITY OF ANN ARBOR. [No. 28.] AN ORDINANCE RELATIVE TO HAWKERS AND PEDDLERS. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor— Section i. No person shall follow the business or occu- pation of a hawker or peddler, within the limits of the city of Ann Arbor without a license from Ihe recorder. Sec. 2. The recorder is hereby authorized to issue a license to any person to follow the business or occupation of a hawker or peddler, on his paying into the city treasury the sum pre- scribed in the next section. Sec. 3. Any person soliciting a license shall pay therefor as follows: If he intends to travel on foot, the sum of five dol- lars; if he intends to travel with one horse, or other animal, the sum of ten dollars; if he intends to travel with two or more horses, or other animals, the sum of fifteen dollars, together with the recorder's fee; and such license shall, in all cases, un- less revoked by the common council, continue in force until the first day of May, next ensuing the date thereof, and no longer. But license may be granted for a less time upon the payment into the city treasury as follows: If he intends to travel on foot, the sum of one dollar; if he intends to travel with one horse or other animal, the sum of two dollars; if he intends to travel with two or more horses or other animals, the sum of three dollars per day, and the recorder's fee. Sec. 4. This ordinance is not intended to apply to any mechanic of this State, selling or offering for sale, any article of his own manufacture or construction, nor to any person sell- ing or offering for sale any wholesome meats by the quarter, poultry, ice, vegetables, berries, fruit, butter, eggs or other pro- visions. IIO ORDINANCES OF THE Sec. 5. Any person violating any of the provisions of this ordinance, shall be punished by a fine not to exceed fifty dollars and costs, to be recovered before any justice of the peace of said city; and in the imposition of any fine and costs, the said justice of the peace may make a further sentence that in default of the payment of such fine or cost, the offender be imprisoned in the Detroit House of Correction, or the county jail, for any period of time not exceeding ninety days. [ No. 29.] AN ORDINANCE RELATIVE TO HACKNEY CARRIAGES AND OMNIBUSES. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor— Section i. Every public carriage, cab, coach, hack or other vehicle drawn by one or more horses, or other animals, which shall be kept, used, driven or employed to convey any persons from place to place, within the limits of the city of Ann Arbor, or to carry any person or persons by the hour in said city, for hire, shall be deemed a " hackney carriage" within the meaning of this ordinance. Sec. 2. No person shall hire or keep for hire within the limits of the city of Ann Arbor, any hackney carriage or omni- bus without a license therefor from the recorder. Sec 3. The recorder is hereby authorized to issue licenses for the purpose aforesaid, to any resident of the city of Ann Arbor, of the age of twenty-one years, or upwards, of good moral character, upon his paying into the city treasury the sum of four dollars and fifty cents, and the recorder's fee, and to any person, a non-resident of the city of Ann Arbor, of twenty-one years or upward, of good moral character, upon his paying into the city treasury the sum of nine dollars and fifty cents, and the recorder's fee for each hackney carriage or omnibus kept as aforesaid, and executing a bond to the mayor, recorder and al. dermen of the city of Ann Arbor in the penal sum of one hun- 112 ORDINANCES OF THE or places within the city of Ann Arbor, and on the person or persons being placed in such conveyance, the same shall be driven by the most direct and safe route, to the place to which such person may wish to go, and not elsewhere,and no driver or owner of any conveyance, except omnibuses, shall, without the consent of the person or persons therein, or of the person who first engaged such conveyance, place therein any other person or persons. Sec. 9. No owner or driver of any hackney carriage or omnibus shall suffer the same to remain on any street, square, lane or alley without some proper person to take care of the same, and no owner or driver of any hackney carriage or omni- bus while waiting for employment at the depot or on any street, shall snap or flourish his whip, or be guilty of any rude or boisterous conduct or language. Sec. 10. Every driver of any hackney carriage or omni- bus while the same is waiting for employment, shall remain on or near to the same, and shall so keep his conveyance and horses, as that the same shall not obstruct the travel on any street, avenue or cross-walk. Sec. 1i. No person, unless licensed as an owner or driver, as herein provided, shall procure passengers for, or charge, or receive any fare for any hackney carriage or omnibus, and not more than one licensed person shall take charge of or drive on or in any such conveyance. / Sec. 12. The drivers or owners of hackney carriages or omnibuses may demand and receive for conveying passengers the following rates or prices of fare and no more, to-wit: Twenty-five cents to or from the depot to any place, within the city limits for each passengers. Where the time occupied does not exceed half an hour, twenty-five cents per ride for each passenger; and where the time occupied is more than half and less than an hour, fifty cents per ride for each passenger. Children between the ages of four and twelve years when ac- companied their parents or guardian shall be charged half fare, and children under four years of age shall be carried free of charge. For the use of any hackney carriage or omnibus by CITY OF ANN ARBOR. "3 the hour, for not more than four persons, and with the privilege of going from place to place and stopping as often as required, one dollar per hour for the first hour and seventy five cents for each additional hour, and for fractional hours at the rate of seventy-five cents per hour; and for each additional passenger twenty-five cents. For the use by the day of such conveyance ten dollars per day. For each trunk fifteen cents, but no charge shall be made for any bag, valise or bundle weighing less than fifty pounds. When a hackney carriage or omnibus is used be- tween the hours of eleven o'clock P. M. and five o'clock A.M., it shall be lawful to demand and receive for the same services double the rates prescribed above. Any disagreement as to time and rates shall be determined by the mayor whose de- cision shall be final. / Sec. 13. There shall be fixed in every hackney carriage or omnibus licensed under this ordinance, and in such a manner as to be conveniently read by any person in the same, a card containing the name of the owner of such conveyance the num- ber of the conveyance, and the whole of section twelve of this ordinance printed in plain legible characters. The said card shall be furnished by the city of Ann Arbor, and be given to any licensed owner or driver who may apply for the same. Any driver who shall drive a hackney carriage or omnibus without such a card being placed therein, and any owner who shall neglect to place such a card in his conveyance, shall be punished as hereinafter provided. Sec. 14. This ordinance shall apply to any carriage or omnibus which may at any time be placed on a public stand, for public hire, and to all omnibuses or carriages kept by hotel or livery stable keepers for the purpose of carrying passengers for hire, to or from the railroad depot, or other places in said • city, or for carrying any person or persons by the hour in said city. Sec. 15. Any violation of, or failure to comply with the provisions of this ordinance, shall be punished by a fine not to exceed seventy-five dollars and costs, to be recovered before any justice of the peace in the city of Ann Arbor, and in the impo- 114 ORDINANCES OF THE sition of any such fine and costs the said justice of the peace, may make a further sentence, that in default in the payment thereof, within the time to be fixed in such sentence the offender be committed to the Detroit House of Correction or the county jail for any period of time not exceeding ninety days. [No. 30.] AN ORDINANCE RELATIVE TO DRAYS. Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor— Section i. Every cart, truck, wagon, dray or other vehi cle having two or more wheels, or sleigh, and drawn by one or more horses or other animal, which shall be kept, used, driven or employed for the transportation or conveyance of anything whatsoever, from place to place within the limits of the city of Ann Arbor, for hire, shall be deemed a "dray," within the meaning of this ordinance; and no person shall hire, or keep for hire any such dray without a license therefor from the re- corder as hereinafter provided. Sec. 2. The recorder is hereby authorized to grant license to any resident of the city of Ann Arbor to keep a dray, on his paying into the city treasury the sum specified in section three of this ordinance, and his executing a bond to the mayor, re- corder and aldermen of the city of Ann Arbor, in the penal sum of fifty dollars, with one or more sureties, conditioned for a faithful observance of the charter and ordinances of the said city. Sec. 3. The person applying for a license for a dray de- signed to carry twenty-five hundred pounds or over, shall pay the sum of nine dollars and fifty cents, and for all other drays the sum of two dollars and fifty cents, together with the re- corder's fee. And all licenses issued by a virtue of this ordi- nance, shall, unless revoked by the common council, continue in force until the first day of May next ensuing the date thereof Il8 INDEX TO CHARTER. ♦ PAGE. SECTION. Bonds of Street Commissioner 14 11 as amended 52 3 Bonfires 16 2 Bond, note, or other obligation 28 14 Board of Health 39~43 1-11 appointment of 39~4° 1 term of office, removal, etc 40 2 powers of 4° 3 clerk of 43 10 record of, evidence 43 10 compensation of 43 11 Bridges 1° 2 Buildings, line of I7_l8 3 Buildings, numbering of >9 2 Burial grounds 18 2 By-laws and ordinances, made by 22 10 Carcasses I7 2 Cartmen and carts i8 2 Carriages and hacks 19 2 Census i9 2 Cemeteries, regulations concerning 21 7 Chimneys, size of, etc 34 1 Chimneys, flues, stove-pipes, cleaning of 35 4 removing of 36 5 Chief Engineer, duties of 39 i5 Circuses 15 2 City hall, market, almshouse, etc 21 8 Corporate name • 6 1 seal 6 1 Collectors 7 2 as amended S1 1 powers and duties of 13 8 Commissioners of streets, powers and duties of 13 9 of highways 28-29 1 Common Council, composed of 14 1 when called together 14 1 powers of I4_I5 1-2 powers of, exercised for what 15-22 1-10 as highway commissioners 31 2 duties of 49 4 Compensation for injury of firemen 37~38 12 120 INDEX TO CHARTER. PAGE. SECTION. Hay 18 2 Health, public 20, 39-43 3, 1-11 Highways 20 3 Houses for gaming IS 2 of ill-fame 15 2 House of Correction 44 3 Horse-racing 16 2 Hotel, saloon, etc 19 2 Idle persons at fires 38 13 Immoderate driving 16 2 Inspectors of election, to fill vacancy 8 3 Intoxicating drinks IS 2 Infections diseases 41 4 property 41 S diseases, reported by physicians 41 6 Interest in city suit makes no man incompetent for officer, juror, etc 45 7 Incorporation, city and ward boundaries 5-6 1-2 t Jail of county, used 44 3 Justices, length of term of 7 1 to continue duty 7 1 jurisdiction of I4,43 *°i 1 powers of 43~44 2 to report fines 46,47 i° suspension or removal of 47 11 Jury in justice trials 45 8 Jurors, pay of 3° 1 Liquors, impure 18 a Lights in stables 35 5 Low grounds 19 2 Mayor, powers and duties of n * Mayor and aldermen at fires 38 13 Marshal, powers and duties of . 12 4 deputies of 12 4 can be removed by common council 10 7 as amended Sa 2 or constable, fees of 31 1 Markets 16,18 a, 2 INDEX TO CHARTER. 121 PAGE. SECTION. Manufactures, dangerous jf> 5 Meats, putrid i7 2 unwholesome i8 2 Moneys received for use of city 28 14 paid by warrant of mayor 28 14 Notice to owner of land through which street has been laid 3i 3 Notice posted to inform non-resident owners of street laid 31-32 3 Nuisances l« 2 Oath, power to administer 49 1 Officers, city, to be elected 7 1 city, to be appointed 7 1 length of term 7 2 city, time of election 7 2 as amended S1 1 city, where and how elected 7 2 as amended S1 1 to be notified of their election 9 6 where to take the oath of office 9-10 6 city, to be appointed by common council 10 7 as amended S2 3 duties of 19 2 compensation of 19 2 bonds of 19 2 election and appointment of 7-11 I_8 powers and duties of 11-14 1-12 Office, vacant, how filled 10 7 as amended S2 2 when deemed vacant 10 8 Offices held under acts repealed 5° • Omnibusses 18 2 Ordinances to be published 2o 5 how long in force 49-5° 5 Pawnbrokerage 18 2 Peddling 18 2 Penalties may be prescribed 20 4 Perjury 49 2 Polls, when opened and closed 9 4 122 INDEX TO CHARTER. PAGE. SECTION. Poll-tax 33-33 6 Poll-tax paid by labor 33 6 Pounds i7 2 Powers of common council 14-22 1-10 Privies, sinks, cellars, etc 42 8 Quorum, majority to constitute 14 1 Railroads 16 2 Real estate may be purchased, etc 6 1 Reservoirs, wells, pumps, etc 18 2 Recorder, city, to discharge like duties to town clerk.. 31 2 powers and duties of n 2 River Huron, cleansing of 17 2 Runners, stage-drivers, etc 19 2 Rural districts, not liable to pay, etc 25-26 7 Rules for firemen, by whom prescribed 37 9 Salaries of officers 48 1 as amended 54 6 School district number one 5° 7 Scavengers 18 2 Scuttles on roofs 35 2 Shade trees 29 1 Sextons 18 2 Sheriff of county, duty of 44 3 Sidewalks, to be kept clean 17 2 repairing and renewing 33 7 grades, width, material of, etc 34 7 Sick persons to be reported 41 6 Slaughter-houses 16 2 Streets and sidewalks 16 2 Streets, lighting of 19,29 2,1 working upon, grading of, etc 29 1 incumbering of 29 1 discontinuing of, opening of 29 1 steps necessary for discontinuing or opening.. 29, 30 1 Streets, lanes, opening of, paving, etc 32 5 Streets, sidewalks and public improvements 28-34 1-8 Street Commissioners as overseers of highways 33 6 Stands for carriages • • • T9 2 for wood, hay, etc 19 2 INDEX TO ORDINANCES. PAOK. SECTION. Acts of servant or employe 108 10 Aid of citizens at fire 61 10 Aldermen and members of Common Council as fire wardens 60 6 Animals, not to go at large 56 3 Animals, not to be tied to shade and fruit trees 92 3 Application in writing for sidewalk 73, 74 I Assessment roll for paving funds 98 4 signing of 99 5 considered by Common Council 101 8 delivery of. 102 8 Awnings, supports for 72 4 Bathing 93 I Beating of horses by draymen 114 2 Blacksmith shop, where not to be erected 66 12 Board of Health, duties of. 68 3 persons offending regulations of. 68, 69 4 Box, barrel, etc., upon sidewalk 71 2 Boxes, barrels, etc., removal of. 88 11 Boisterous noise at depot 88 10 Bond of draymen 114 2 Breaking of pound 57 7 Brick buildings, required where 64, 65 9 Breaches of the peace 85-88 1-12 Buildings, removal of, at fires 62 12 Business, places of, closed on Sunday ; 105 I except that of necessity, not to be done on Sunday 106 4 Canon, firing of 64 8 Carrion, putrid meat, etc 67 - 2 Cards, dice, billiards, etc., for gaming 88 1 126 INDEX TO ORDINANCES. PAGE. SECTION. Chief and Assistant Engineers, by whom appointed... 58, 59 I when appointed 58, 59 I Chief Engineer, powers of 59 2 when absent, duties performed by... . 59 2,3 Chimneys, setting fire to 63 4 plastering within 63 5 Constable, duties of 69 5 Collector, duties of 81-82 2 Collection of assessment 101 8 Contract for paving, approved by Common Council... 100 7 Cost of grading and paving, to be computed ico 7 apportionment of. 100 7 Compensation of draymen 115 5 Crackers,^etc 64 7 Day's labor for poll tax 90 3 Damage done by animals running at large 93 4 Disorderly house 86 3 Dogs, when killed by Marshal 91 I Drivers of hackney carriages to be with or near their teams 112 10, 11 Drays 114-116 1-14 what are deemed 114 I on sidewalks 116 11 Draymen 115 6,9 when paid 115 10 must be with or near their drays 116 12 Duty of Marshal 56, 57 5 of pound keeper 57 6 Duties of Marshal, Deputy Marshal, and Constables at fires 61, 62 II Duties of Marshal, Sheriff, or Constable in case of or- dinance broken 87 9 Duties of Marshal, Sheriff or Constable 108 11 Earth, loam, gravel, etc 86 5 Enclosure of owner of animals, not to be entered 57, 58 10 Exhibitions, etc 69-71 1-4 license must be provided for 69 1 Fare, rates of, for hackney carriages 112, 113 12 128 INDEX TO ORDINANCES. PAGE. SECTION Horse, cart, wagon, etc., standing in street 91 3 House suspected to be for gaming 89 4 Idle and disorderly persons 84, 85 1-3 Intoxicated persons, arrest of 85 3 Instrument kept for gambling 89 3 Injury to wells, to prevent 96, 97 1-2 Justice of Peace, jurisdiction and powers of 69 5 Keepers of gambling-houses 89 3 Kites, the flying of 86 4 License for exhibitions, how obtained 69, 70 2 who to issue 7° 4 for digging wells 96 1 for peddling, cost of 109 3 for peddling, length of time 109 3 for keeping carriages for hire no 2 for keeping carriages for hire, to whom issued no 3 License of drivers in 4 of drivers, to whom issued Ill 5 granted to keepers of drays 114 2 expense of m 114 3 how long to continue 114,115 3 Licenses issued, register of. 70 4 how long in force 70, 71 5 List of white male inhabitants 89 I Liquors, etc., regarding sale of 106 3 regarding sale to minors 106 3 Lighted lamps for night driving Ill 6 Local assessment 98 3 Lying in wait 85 I Marshal, duties of 67,68,69, 70, 72, 87 i,4,5,3,5-7 notice of to owner of property removed 73 7 if he refuse to destroy gambling instru- ments 89 3 Mad dogs 91! 92 ', 2 Materials for paving 97 1 INDEX TO ORDINANCES. 129 » PAGE. SECTION. Meetings, disturbance of.. 84 1 Milch cows 57 8 Mistake in owner of taxable property 103 10 Moneys received for fines, paying over 93, 94 1 Night walkers, pilferers, etc 85 2 Notice of assessment by recorder 75 3 Notice of assessment 101 8 of assessment roll delivered 102 9 Nuisances 66-68 1-4 on premises 66, 67 1 Number on hackney carriage m 6 Number on drays 115 4 Officers of fire or hose company 60 7 of fire or hose company, how elected 60 7 Owner of hackney carriage not to refuse to con- vey in, 112 8 Order and quiet, preservation of. 105-108 1-11 Passage way to cellars, leaving open 71 2 Paving, in what sense used 103 11 injury to 103 12 Penalty, addition to 88 12 Penalties 65, 66 10,13 Physicians, duty of, to report small-pox, etc 68 I fine upon, in failure to report 68 2 Pounds, relative to 56 I-IO two suitable.... 56 I named 56 1 Pound-keeper 56 1 duties of. 56, 57 2 Poll-tax, assessment and collection of. 89, 90 1-4 if payment be refused 90 4 Prostitution, reveling, etc 86 3 Proposals for grading or paving streets 99 5 sealed, to whom delivered 100 6 Reports of fire wardens on danger of fires 62 I of fire wardens on danger of fires, when made. 62 I 9 I i UNIVERSITY OF MICHIGAN iiru'niiVirv 3 9015 06538 4417