ORDINANCES AND BY-YLAWS OF THE CITY OF DETROIT REVISED AND PUBLISHED BY ORDER OF THE COMMON COUNCIL. DETROIT: WILBUR F. STOREY, PRINTER TO THE CITY. 1859. REVISED ORDINANCES AND BY-LAWS OF THE CITY OF DETROIT. Be it ordained by the Common Council of the City of Detroit. TITLE ONE. OF THE CITY OFFICERS. CHAPTER I. To Deflne the Powers and Duties of City Attorney. SECTION 1. The City Attorney shall have the charge of, and con- Powers and duct all, the law business of the Corporation, and of all the Boards, Officers, Departments, and Committees thereof, and all other law business in which the City shall be interested, when so ordered by the Common Council, and shall draw all leases, deeds, contracts, and ordinances of the City. SEC. 2. He shall keep his office in such place as may be designated Office. and provided by the City, and shall execute bonds to the Corporation in the amount of two thousand dollars. SEC. 3. He shall, in writing, advise the Common Council, all Advise Council & officers. Boards of the City, and their Officers and Committees, respectively, and the chief officer of any department or bureau of the city government, upon all matters which may be submitted to him for his opinion. SEC. 4. He shall certify to the correctness of the form of all offi- Certify to bonds, &c. cial bonds, deeds, leases, and contracts of any kind, in which the City 4 ORDINANCES AND BY- LAWS TITLE I. is interested, before the same shall be accepted or adopted by the CHAPTER 1 r Common Council or any officer of the Corporation. SEC. 5. He shall, when required by the Common Council, prepare the draft of any bill to be presented by the Corporation of the City to the Legislature for passage, with a proper memorial. Prosedute &s SEC. 6. He shall prosecute and defend all actions which may be for & against city. brought by or against the Corporation, or any~board or officer thereof. SEc. 7. He shall institute actions against all persons owing the Corporation for rents and licenses, or whn may have incurred any penalty or forfeiture under the charter and ordinances, or by reason of the breach of the condition of any official bond. File state- SEC. 8. He shall, once in every quarter, file a written statement, ment. under oath, with the Controller, stating the nature and amount of any debt due to the Corporation, recovered by him, the person against whom, and the tribunal before which, it was recovered, and the time when he recovered the same; and he shall, at the time of making said statement, pay all sums so recovered to the City Treasurer, who shall give him a voucher therefor, a copy of which he shall file with the Controller. Report when SEC. 9. He shall, on the first Tuesday in January in each year, report to the Common Council the titles and nature of all actions prosecuted or defended by him during the preceding year, and what actions are pending, what determined, and how, and such other informationg concernin the law business of the City, as he deems proper. To keep SEc. 10. He shall keep in proper books, to be provided for the register. purpose, a register of all actions prosecuted or defended by him, and of all proceedings had therein; a list of all contracts, bonds, and other papers certified to by him, and copies of all opinions which he shall give upon any point submitted to him. Ditsstatburse- SE. 11. He shall, at the expiration of every three months, during ment of. his term of office, furnish the Controller with a sworn statement of all the disbursements which he may have made in conducting the law business of the City, for the amount of which the Controller shall draw his warrant upon the Treasurer. Additional SEC. 12. He shall, when he deems it necessary, in the trial or arcounsel. gument of causes of importance, in which the City may be a party, or interested, request such additional counsel or aid as he may designate: Provided, that he shall, in all cases, inform the Common OF THE CITY OF DETROIT. 5 Council whom he wishes to employ, and shall employ no one without TITLE I. their consent. SEC. 13. He shall, without special direction from the Common To com'ence actions. Council, institute all actions for rents,, penalties, forfeitures, and license moneys, for all trespasses and injuries upon and to the property of the City, or any Board thereof. SEC. 14. He shall examine all tax and assessment rolls before Tax, c. rolls to examine. their confirmation, and make such alterations in the form thereof as may be necessary to their legality. SEC. 15. All the principal officers of the City shall, from time to To receive claims from time, place in the hands of the attorney, for his action, all claims for offcers. debt, money, or damages done to the City, which may arise in, or grow out of, the office and business under their charge; and whenever suit is commenced against the Corporation, the officer on whom process is served shall deliver the same to him. CHAPTER II. Relative to Collectors. SECTION 1. The Collectors of the several wards of the city of De- Shall collect tax in several troit shall colect the city tax within the bounds of their respective pensdation. wards, and shall be entitled to such rate per cent. for compensation as the Common Council may from time to time by resolution prescribe: Plrovided always, That the said compensation shall not exceed five per cent., and that when the Common Council have neglected to fix another and lower rate of per cent. before the tax rolls are put into the hands of the said Collectors for collection, that then each of said Collectors shall be entitled to receive the said sum of five per cent. on the amount collected by him. SEC. 2. The penalty of the bonds of each Collector, given to said Amount of bonds. city for the faithful performance of his duty, shall be in a sum at least double the amount of the taxes of the preceding year, in the ward for which said Collector has been elected or re-appointed, and in such further and other sum as the Common Council may by resolution direct. SEC. 3. In addition to the condition prescribed for official bonds Conditions. by the charter of said city, the bond of each Collector shall be con 6 ORDINANCES AND BY-LAWS TITLE, I. ditioned that he shall account for the total amount of taxes charged CHAPTER 2. to him and put into his hands for collection, in accordance with the ordinances, by the City Treasurer of said city. Dutiesof Sec. 4. It shall be the duty of each Collector, during the time he has any tax roll in his hands for collection, at least once in every seven days, to deposit with the City Treasurer of said city all sums of money collected by him during said days and since his last deposit, for which sums he shall take the Treasurer's receipt, which he shall, within twenty-four hours after receiving the same, show to the Controller of said city, and shall, at the same time, file with said Controller a statement in writing that the amount so deposited by hini with said Treasurer was all the money belonging to the Corporation of said city, collected by him and in his possession at the time of making said deposit, which statement shall be signed by the Collector making the same, and sworn to by him before the Controller, who shall report said statement to the Common Council, with his allowance or disallowance endorsed thereon, in the same manner as other accounts audited and endorsed by him. But in case any Collector shall not have collected any money during said seven days, then he shall report the fact to the Treasurer, and shall make a sworn statement of the same to the Controller; and if once at least in every seven days said Collector shall not make a deposit with the Treasurer, and make either the first or last of the statements or the report herein required to be made, he shall, upon conviction, be punished by not more than six months' imprisonment, or by a fine not to exceed two hundred dollars, or by both said fine and imprisonment, in the discretion of the Court. Duties of SEC. 5. If any Collector shall fail to comply with any of the proController & Treasurer in visions of the preceding section, it shall be the duty of the Controller case of non- complifct and Treasurer, or either of them having knowledge of the fact, to report such failure to the Common Council, and also to notify the City Attorney of the same, and said Attorney shall complain of and prosecute in the Recorder's Court, the Collector so reported, and shall, if said Collector shall allow a period of fourteen days to pass, without complying with the provisions of this ordinance, bring suit against said Collector and his sureties upon his official bonds. Shato CityP SEC. 6. The provisions of this ordinance shall also apply to the lector. City Collector. OF THE CITY OF DETROIT..I SEC. 7. Chapter four of the Revised Ordinances of the year TITpLE RI 1855, is hereby repealed. SEc. 8. This ordinance shall go into force five days after its passage. CHAPTER III.'To Punish Persons Resisting Collectors in the Performance of their Duties. SECTION 1. That any person or persons who shall resist, obstruct, or City & ward collectors hinder any City Collector or Ward Collector of said city in levying toevyeand upon or taking into possession any goods and chattels under and by eurandter virtue of a warrant, legally issued and directed to said City Collector or Ward Collector, for the collection of any tax or assessment of said city-said goods and chattels being legally liable to be so levied on and taken into possession by said City Collector or Ward Collector-shall be punished by a fine not to exceed five hundred dollars, or by imprisonment not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court. SEC. 2. Any person who shall prevent any City Collector or Ward Penalty for resisting. Collector from entering upon any house or premises occupied by him or her, for the purpose of searching for or levying on goods and chattels, under any warrant legally issued for the collection of tax or assessment, which the person so occupying said house or premises is liable to pay, shall be punished by the same fine or imprisonment, or by both, in the discretion of the Court, as is provided in the preceding section. SEC. 3. This ordinance shall take effect on and after its passage. CHAPTER IV. To Define the Powers and Duties of Street Commnissioners. SECTION 1. The city of Detroit shall be divided into two districts, Districts. to be respectively called the Western Street Commissioner's District and the Eastern Street Commissioner's District, in and for each of which districts a Street Commissioner shall be appointed. 8 ORDINANCES AND BY- LAWS CTITLE I. SEC. 2. The First Street Commissioner's District shall comprise CHAPTE& 4. Firstand sec- all that portion of said city lying and being west of the west line of ond districts. Woodward avenue in said city. The Second Street Commissioner's District shall include said Woodward Avenue and all the territory of said city east thereof. Dutiesof SEC. 3. The Street Commissioner for each District shall superinOommis'oner tend the construction, pavement, repair, and cleaning of side-walks, cross-walks, streets, lanes, alleys, public places, culverts and bridges, within his District. Office. SEC. 4. He shall keep his office in such place as shall be provided by the City, in which he shall file and preserve copies of all bills for work certified by him as hereinafter directed, of all resolutions of the Common Council, directed to him, of all opinions given to him by the City Attorney, and of all orders given by any officer of the City, having authority to issue orders to him. Joukerepa SEC. 5. He shall also keep in a book or books, to be provided by the City, a journal of all his official acts, the names of all persons working under him, the nature and time of their employment, and their compensation, and a correct and business-like account of all the expenses of his offices. Topresentan SEC. 6. He shall, once in each week, draw and present to the acc. of expenditures. Controller an accurate account of all the expenses for work done in his District during that week, (except work being performed under contract,) and in said account shall state the name of each man in his employ, the character of work performed by him, the exact number of days or half days which each man has actually worked, his wages per day, and the total amount due to him, which account shall be certified to by him, and shall be audited by the Controller, like all Proviso. other accounts: Provided always, That the amounts to which each man is entitled to by said account shall, after being so audited, be paid in no case to the Commissioner certifying the account, but to the person who is entitled thereto. Make pur- SEC. 7. In all cases where, by the order of the Common Council, chases in name of city. or in the course of his duties, a Street Commissioner shall be obliged to purchase any materials or goods of any kind to be used in his District, he shall purchase the same in the name of the city, and the account for said materials or goods, certified by him, shall be audited by the Controller, and paid to the person furnishing said goods and materials. OF THE CITY OF DETROIT. 9 SEC. 8. Street C(ommissioners shall, in no case, make a profit TITLE TSCHRPT 4. upon any work performed, or material furnished, by them; nor shall To certify to actual cost of they certify to any bill containing charges for more than the actual work, &c. cost of the work or material for which said bill is rendered. SEC. 9. The Street Commissioner of each District shall. on the Report to C. Council in first Tuesday of January in each year, render a report to the Common Ja.of each Council of the operations of his office during the preceding year, in which report he shall give the names of employees, the wages received by them., the nature and expense of every operation carried on under his control, and such other information or suggestions as he may deem proper, so that said report shall fully embrace and explain all that he has done officially during said year, and the expenses of his District for that year. He shall also furnish to the Controller, or Committee on Ways and Means, such information as they may demand, relative to the expenses of his District. SEC. 1 0. It shall be the duty of each Street Commissioner, from Toreport condition of time to time, to report to the Common Council the condition of streets, and all neglistreets within his District, to supervise the labor, and report the mis- gences. conduct or negligence of Overseers of Highways within his District, and to report to the City Marshal all breaches of the laws and ordinances relative to the streets and public highways occurring within the same. CHAPTER V. Relative to City,Surveyor. SECTION 1. It shall be the duty of the City Surveyor, when so shallestablish the grade directed by the Common Council, to ascertain and establish the proper ofstreets,&c. grade to any avenue, street, lane, alley or sidewalk within the limits of said city, and when required, to run out and stake off the same. SEC. 2. It shall also be his duty to make all necessary surveys, hall surveyntend the conand superintend the construction, enlargement, or alteration of all structionor alteration of drains connecting with the main or lateral sewers of said city, and drains. shall record the same in a book to be provided by said Common Council, and deposit the same with the City Clerk at the termination of his said office. SEC. 3. He shall also make all necessary surveys, and give such Shall make surveys and information as may be needed by any committee, or by the Superin- give informa9 10 ORDINANCES AND BY- LAWS TITLER I. tendent of the Water Works, in laying down,extending or connecting CHAPTER 5. tion to the the water logs or pipes of said water works in said city, and shall at Superintendent of Hy- all times, when required, consult and act with any standing or special drailics, and shall consult and act with committee, who may desire any information or assistance in any committees of requiring matter or thing connected with the duties of his office where the city official information from of Detroit is concerned. him. Shall deliver SEC. 4. He shall also deliver over to the City Clerk all papers, books and papers to City plans and drafts relating to any survey made by order of the Common Clerk, and quiwhen report Council, and shall also make a written report of his doings and proto the Council. ceedings in all cases when required so to do by the Common Council. Salary of SEC. 5. The salary allowed by said Council to the City Surveyor shall be in full for all services rendered and shall also be in full for all incidental, as well as other labor performed by him as said Surveyor, or by any of his assistants. CHAPTER VI. Relative to City Histor'iographer. Duties of SECTION 1. There shall be appointed by the Common Council, an officer to be called the Historiographer, who shall hold his office during the pleasure of the Council. To collect SEC. 2. It shall be the duty of the Historiographer to collect toand keep all books,papers, gether, receive and safely keep all such books, papers, documents, and 2'c,, connectZIdth thore other matters, connected with, and illustrating the history of the city the City of Detroit. of Detroit, as he may be able to procure without expense to the city. To make are- SEC. 3. It shall be the duty of the Historiographer to report anport annually of the state of nually, (and at such other time as he shall be required to do,) to the his department to the cm. Council Common Council, the state and condition of his department. To deliverup SEC. 4. The Historiographer shall at any time when required by all books, papers, &c., and the Council, deliver over to such persons as the Council may direct, penalty for d default. all books, papers and documents, and other things that may at any time come into his possession as such officer, and in default thereof, he shall be liable to a penalty of one hundred dollars. Office honor- SEC. 5. The office of Historiographer being honorary, no compenary. sation shall be allowed to said officer. OF THE CITY OF DETROIT. 11 CHAPTER VII. TITLE I. CHtAPTER. 7. Relative to City Collector and Special Assessments. SECTION 1. That there shall be appointed by the Common Council CityCollector to be apan officer to be called the City Collector, who shall hold his office pointed. during the pleasure of the Council, from and after the first day of June, in the year in which he is appointed, and until his successor is duly elected and qualified; said City Collector shall have and possess the same powers and qualifications, under the provisions of this ordinance, as the ward Collectors of said city, and take the same oath as other city officers, and before entering upon the duties of his office, give a bond to said city, with one or more securities, to be approved by the Common Council, in the sum of twenty thousand dollars, Bonds of conditioned for the faithful performance of the duties of his office, and perform all the duties which the By-Laws, Ordinances, or Resolutions of the Common Council may from time to time direct or require; and on the determination of his said office, or in case he shall die during the time, or before the accounts thereof be finally closed, that he or his respective legal representatives shall well and truly settle his said accounts, and pay over to the City Treasurer the balance, which may be found to have been in his: or their hands respectively, due to said corporation, and shall deliver up to the Mayor or Common Council all his books of accounts, and all official vouchers that may have come into his hands. SEC. 2. It shall be the duty of said City Collector to collect the Dutiesof special taxes or assessments of said city, laid or imposed by authority of the Common Council of said city. The said City Collector shall have full power and authority to collect said taxes or assessments pursuant to the laws and ordinances of said city, and he shall at least once in each week, deposit with the City Treasurer all moneys by him collecteol up to the time of making each deposit, and, as far as practicable, the same money collected, and report to the Common Council all his doings relative to any collections which may be entrusted to him, once in every month, or oftener if required, and every such report shall be accompanied by the affidavit of the Collector making the same, duly sworn to before the City Controller, that such report contains a true account of all moneys by him collected for said city, during the time embraced in said report. 12 ORDINANCES AND BY- LAWS TITLE I. SEC. 3. Whenever any special tax or assessment shall hereafter CHAPTER 7. CityCon- be laid or imposed, by authority of the Common Council of said city, troller to deliver special the City Controller shall cause the assessment rolls for said special assessments to Treasurer, tax or assessment to be delivered to the City Treasurer, who shall when they shall be delivered to give a receipt for the same and be charged therewith. The Treasurer Collector and warrant. shall retain the said assessment rolls in his office for the space of twenty days from and after the date of such delivery, and during the said period, while said rolls are so retained, any person assessed therein may pay the amount of his or her tax or assessment to the City Treasurer, who shall receive the same and give a receipt therefor, and mark the same as paid upon the said rolls. Upon the expiration of the said period of twenty days, it shall be the duty of the City Treasurer to deliver the said assessment rolls. or a certified copy of the same, adding thereto the cost of printing or other costs, to the Common Council of said city, who shall issue a warrant under the seal of said city, directed to the City Collector of said city, with a command to levy and collect all sums or assessments then remaining unpaid, with the costs and charges thereon, by distress and sale of the goods and chattels of the person against whom said assessment has been made, or those who may be liable to pay the same, and further commanding the City Collector to make returns to the Common Council, within thirty days thereafter. How Collect- SEC. 4. Upon receiving the assessment roll. or a copy thereof, and or shall proceed. warrant, it shall be the duty of the City Collector to proceed to demand and collect the several sums mentioned therein, and if any person shall neglect or refuse to pay the same, then, if he can find any goods or chattels of the person liable therefor, he shall levy thereon; but before he shall proceed to sell such goods and chattels, he shall give ten days' previous notice of the time and place of sale, by causing the same to be posted up in three of the most conspicuous places in said city, and the property levied upon shall be sold at public auction to the behest bidder; and the City Collector shall render the overplus, if any, after deducting the costs and charges of such distress and sale, to the person entitled thereto. The City Collector shall. in all cases, be entitled to demand cents on the dollar on the amount of the assessment, for his services, which the person so assessed shall pay. OF THE CITY OF DETROIT. 13 SEC. 5. The City Collector shall make return of his doings within TITLE I. CHATER T7. the time mentioned in said warrant, to the Common Council, if in Collectorto make return. session; but if not, then at their next ensuing meeting; and in such return describe the goods and chattels sold, and the amount which each article sold for. But if goods and chattels cannot be found, or if such person or persons mentioned in said roll are non-residents of said city, the City Collector shall state such fact, verified by an affidavit taken before the City Controller, and annex the same to a list of such lands on which the assessments have not been paid. SEC. 6. Said warrant may be renewed from time to time, if the warrantfor collection Common Council shall so direct. may be reSEC. 7. Upon making such return, the City Treasurer shall pro- Duty ofCity Treasurer ceed and sell such lots in the same manner as is prescribed for city upon return. taxes. SEC. 8. The following or other sufficient forms may be used in proceedings under this chapter: Form of Warrant. Forms. STATE OF MICHIIGAN), City of Detroit. ss. To the City Collector of the City of Detroit, Greeting; In the name of the People of the State of Michigan, you are hereby commanded that you collect from each person or set of persons named in the foregoing tax roll, or of any person liable to pay, the amount of money set opposite his, her or their names, respectively, and on the refusal or neglect of any such person to pay said tax, costs and charges thereon, including per cent. for your services, that you then levy the same by distress and sale of the goods and chattels of such person, according to law, and that you have said roll and this warrant and the receipt of the Treasurer of said city for the amount by you collected, before the Common Council of said city, within thirty days from the date hereof-and fail not, at your peril. In testimony whereof, I have hereunto set my hand, and caused [L. s.] the seal of said city to be affixed at the city of Detroit aforesaid, this day of A. D. 18 Controller. 14 ORDINANCES AND BY- LAWS TITLE I. Notice of Sale of Property. CHAPTER 7. STATE OF MICIIIGAN, 1 City of Detroit, ss. Notice is hereby oiven, that, pursuant to law in such case made and provided, there will be sold at public auction, to the highest bidder, at in the city of Detroit, at o'clock in the noon of day of A. D. 18, the following goods and chattels, viz.: [here description] or so much thereof as may be necessary to satisfy the amount of a certain assessment made by the Common Council of the city of Detroit, against for defraying the expenses of, together with the legal costs and charges which have accrued in the premises. By order of the Common Council, —, City Collector of said city. Dated at the city of Detroit, i this day of A. D 18. Return on City Collector's Warrant. STATE OF MICHIGAN, City of Detroit. ss. To the Hon. the Conmmon Council of said City: The undersigned begs leave to submit the following list of lands of residents, (or non-residents ) which were taxed for (here set forth the object for which the tax was laid) on the day of A. D. 18, according to the assessment roll to me heretofore delivered, but which I have not been able to collect. [Here copy the assessment roll, so far as it relates to unpaid assessments. ] Given at the city of Detroit, 1 this day of A. D. 18. [Let an affidavit of the following form be added:] STATE or MICHIGAN, i City of Detroit. City Collector of said city, being duly sworn, saith that the foregoing return contains the description of all lands, and the names of all persons taxed on the assessment roll of the day of A. D. 18, and that the several sums mentioned in the foregoing list, remain due and unpaid, and that he has not, upon diligent enquiry, been able to find or discover any goods or chattels belonging to, or in the possession of the persons charged with or liable to pay the OF THE CITY OF DETROIT. 15 said assessment, whereon to levy the same; and this deponent further TITLE I. saith, that the persons mentioned in said list as non-residents are, as he believes, non-residents. - City Collector of said city. Subscribed and sworn to, this day of A. D. 18 before me, City Controller of said city. CHAPTER VIII. Rclative to Chimney Sweeps. SECTION 1. There shall be nominated by the Board of Fire War- Ilowappointedl. dens of the city of Detroit, subject to the approval of the Common Council, one Chimney Sweeper for the city, who shall have full power to appoint others under him, according to the subsequent provisions of this chapter. SEC. 2. No person shall hereafter follow the business or occupa- Togivebonds tion of a Chimney Sweeper, either by himself, or others, within the atheirgames with Clerk, city of Detroit, unless he shall have been approved in the manner and Clerk to give them prescribed in section one, and shall give bonds to the city of Detroit, certificates. in the penal sum of fifty dollars, conditioned for the faithful performance of his duties according to the provisions hereinafter contained, and shall have registered his name and the names of all persons employed by him as assistants, with a number affixed to every such name, in a book to be kept by the City Clerk, and shall have obtained from said Clerk a certificate of every such registry. containing the name of the person and the number affixed in said registry, under a penalty of five dollars for every day he shall follow by himself or others the said business; and the said Clerk is hereby required to make out and deliver to the person so appointed such certificates, for each of which he shall be entitled to demand and receive one dollar. SEC. 3. Every person following the aforesaid business within said To wear a badge and city, shall wear, and cause to be worn by the persons employed by penalty for him, on the front of their caps or hats, in full view, the same figures and numbers respectively as shall be so as aforesaid entered in the said book, and contained in his or their respective certificates. in large figures not less than two inches in length, to be made of durable tin or copper, with the word "Sweep," legibly painted on said badge. ~1 ~6 ORDINANCES AND BY-LAWS TITLE I. Every person who shall violate the provisions of this section shall CHAPTER 9. forfeit one dollar. Duty of. SEC. 4. Every such Chimney Sweep so appointed, who shall not within forty-eight hours after application to him, made by any inhabitant of the district to which he belongs, sweep, or cause to be swept, such chimney or chimneys as he shall be required to sweep, shall for every such offence forfeit and pay the sum of three dollars. Fees of. SEC. 5. Each Chimney Sweeper so appointed shall be entitled to demand and receive for every chimney so swept, the following sums and no more, to wit:-for each chimney with a single flue, the sum of one shilling for every story through which said flue shall pass, and six cents for each additional flue, the same to be paid by the persons respectively owning the same. Penalty on, SEC. 6. If any chimney in this city shall take fire and blaze out persons whose chim- at the top, (the same not having been swept within three months next neys being tasefirt. before the time of taking fire,) the occupant of such premises shall forfeit and pay the sum of one dollar and costs. But if the same shall have been swept within three months, then the person having swept the same shall forfeit and pay one dollar and costs. CHAPTER IX. To Prohibit and Prevent Nuisances, and to provide for the Abatement and Removal thereof. Nuisances SECTION 1. No person or persons shall permit on his, her, or their prohibited within the premises, within the boundaries of said city, or within a half a mile city therefrom, of which he, or she, or they may be the occupant or occupants, agent or agents, having charge thereof, the exercise of any unwholesome or offensive trade or calling, to suffer any building, sewer, or other thing whatsoever to remain on said premises until in any manner they shall become offensive, hurtful, dangerous or unwholesome to the neighborhood or travelers; and it shall be the duty of the officers and members of the Board of Health, or of the City Marshal and Marshal, or Street Commissioner of said city, to whom complaint of S't Comm'r to notify the condition of said premises is made, or to whose knowledge their owner or occupant to abate same. condition shall in any manner come, to give notice to said occupant OF THE CITY OF DETROIT. 17 or occupants, agent or agents, to abate any and every nuisance upon CTILE I. said premises, and to put said premises into a cleanly and wholesome condition within twenty-four hours after receipt of said notice; and if any person shall refuse to comply with said notice, said person shall neglect. be punished by a fine not to exceed one hundred dollars, or by not more than ninety days' imprisonment, or by both, in the discretion of the Court: and each day after the expiration of the said twenty.four hours in which said person shall neglect or refuse to comply with the exigency of said notice, shall be deemed a separate and further violation of the provisions of this section. SEC. 2. If, after the expiration of said twenty-four hours, said person shall not have complied with the terms of said notice, it shall be lawful for the Board of Health, or any officer thereof, or for the Board of Health, Mayor, or Common Council of said city, to order the City Marshal, Maor annd or any Street Commissioner of said city, to proceed to put said taeymoaderha & S't Com'r premises in a cleanly and wholesome condition by removing any pu- to abate the trefaction, oc any stinking, unhealthy, or decayed substance, dung, provisions, vegetables, or other matter or thing whatever which is offensive, or dangerous, or detrimental to health, or which may be forbidden by the ordinances of said city, and to report the same to the City Attorney, whose duty it shall be to bring suit in the name City Att'yto sue for costs of the city against the occupant or occupants, agent or agents, having of abateamet charge of said premises, for the costs and charges incurred by said Board of Health, or any other officer mentioned in this section, in pursuance of the duties herein enjoined upon them; and if any person shall resist, obstruct, or hinder said Board of Health, or any other officer, in the performance of a duty under this section, said person shall be punished by a fine not to exceed five hundred dollars, or by not more than one year's imprisonment. SEC. 3. Whenever, in order to abate any nuisance, the Common Council of said city shall deem it necessary to fill up, level, or drain any lot or premises therein, it shall be the duty of the City Surveyor to estimateor cost to abate to survey said premises and estimate the cost and expense of such nuisance when order'd filling up, leveling, or drainage, and to make out an assessment roll by Council. in which said costs and expenses shall be assessed upon the said lot or premises, which roll shall be reported by him to the said Council, and shall be made, confirmed, and collected, and be a lien on said lot Lien. or premises in all respects as other special assessments arc; and as soon 3 18 ORDINANCES AND BY-LAWS TITLE I. as said roll is confirmed it shall be the duty of the Street CommisCHAPTER 9. sioner of the district in which said lot or premises are situated, without further order from the said Council, to cause said lot or premises to be filled up, leveled, or drained, in the manner declared necessary by said Common Council. Limits with- SEC. 4. No person shall bury, deposit, or leave within the limits in which putcesid rtanto of said city, or within one mile distant therefrom, or keep or have on be deposited. the premises owned or occupied by him or her in said city, any dead carcass, putrid or unsound beef, pork, fish, hides, skins, and any article, substance, or thing that is unwholesome or nauseous; and any person violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. SEc. 5. No person shall cast, leave, or keep in or adjoining any street, lane, avenue, alley, public place, or square, or in any yard, lot, field, or premises in said city, any bones, putrid, unsound, unwholesome, or refuse meat or beef of any animal, whether salted or otherwise, or any unsound pork, fish, hides, skins, vegetables, horns, or the whole or part of any carcass, or any stinking or rotten soap-grease, tallow, or other substance, or the offals, garbage, or other offensive or useless parts of any beeves, calves, sheep, hogs, or other cattle; and any person violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. Not to be de. SEc. 6. No person shall place, deposit, or keep in any dock or posited on thck ninto wharf, within the limits of said city, any straw, hay, or green boughs, the river. manure, cord wood, vegetables, or any perishable materials, any human excrement, animal carcass, bones, horns, shells, meat, hides, offals, garbage, or any unwholesome or decayed matter or thing; no person shall cast or deposit in the waters of the Detroit river, within the limits of said city, any such straw, hay, boughs, manure, cord wood, vegetables, perishable materials, human excrement, animal carcass, bones, horns, shells, meat, hides, offals, garbage, or unwholesome or decayed matter or thing; and any person violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. Nuisances SEC. 7. No person shall cast or throw, or suffer to run into any into streets, alleys, &c. street, lane, or alley of said city, from his or her house, lot, or prem OF THE CITY OF DETROIT. 19 ises, into and upon any adjoining house, lot, or premises, any stinking, CTIMTLE. noxious, impure, offensive, or unwholesome water, or substance or thing in a liquid or flowing state; and any person violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. SEC. 8. No brewer, distiller, dyer, soap maker, hat maker, tanner, Brewers, distillers, &c., or other person shall cast or throw, or suffer the water from his man- tot allowede ufactory, house, store, or establishment, to run into and upon the ate,on sur-to face. surface of any street, lane, alley, or public place, or into and upon any adjoining lot or premises; and any person violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by not more than ninety days' imprisonment. SEC. 9. No person shall throw, cast, or lay any ashes, offal, vege- Ashes, offal, &c., not to be tables, garbage, dross, cinders, shells, straw, shavings, dirt, or rubbish streets or of any kind, in any street, lane, or alley of said city; and any person alleys. violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by not more than ninety days' imprisonment. SEC. 10. Every butcher, or other person occupying any slaughter Butchers to cause their house in said city, shall, on every day on which any animal shall be slaughter houses killed therein, between the first day of June and the first day of dalyased November in each year, cause the house to be thoroughly washed and cleansed; any person violating the provisions of this section shall be punished by a fine not to exceed fifty dollars, or by not more than ninety days' imprisonment. SEC. 11. Every butcher or other person, immediately after killing Removal of any animal, shall destroy the offals, garbage, and other offensive or offals, &c. useless parts thereof, or shall cause the same to be conveyed to the place designated by the Common Council for receiving such noxious and offensive matters and things as are within the province of the City Scavenger; and any person violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by not more than ninety days' imprisonment. SEC. 12. No cart, wagon, or other vehicle, in or upon which there cIars, &c., shall be a box, hogshead, barrel, cask, or other vessel used or intended upmoving offal, stand in alto be used for the purpose of containing or conveying swill, offals, leys, streets, garbage. or excrement, shall, when not in actual use, stand in any street, lane, or alley of said city; and any person violating the pro 20 ORDINANCES AND BY-LAWS TITLE I. visions of this section, shall, upon conviction thereof, be punished by CHAPTER 9., u a fine not to exceed fifty dollars, or by not more than forty days' imprisonment. Casks soused SEC. 13. Said box, hogshead, barrel, cask, or other vessels used, to be tight and covered. or intended to be used for the purpose aforesaid, shall be perfectly tight, and covered, so as to prevent the contents thereof from leaking or spilling; and any person violating the provisions of this section shall be punished by a fine not to exceed ten dollars, or by not more than five days' imprisonment. Scavengers SEC. 14. No Scavenger shall suffer or permit any excrement or not to spill any nuisance other disgusting and offensive thing, being conveyed by him through the streets of said city, to be dropped or spilled upon the ground; and any person violating the provisions of this section shall be punished by a fire not to exceed fifty dollars, or by not more than forty days' imprisonment. Mayorto SEC. 15. The Mayor of said city may, from time to time, license license scavengers. any trustworthy persons to be Scavengers of said city, upon their filing proper security for the performance of their duties, and paying to the City Treasurer the sum of one dollar for their licenses; and any person who shall follow the business of a Scavenger for hire in said city, unless so licensed, shall be punished by a fine not to exceed fifty dollars, or by not more than forty days' imprisonment. City Clerk to SEC. 16. The Mayor shall transmit to the City Clerk the names register the names of of all persons so licensed by him, and said Clerk shall register said scavengers. name with the date of the license. SEC. 17. The persons licensed as Scavengers aforesaid, shell exRights of persons so elusively enjoy the right, and possess and receive emoluments, to clean privies within said city; and shall, under the direction of the Marshal, or any Street Commissioner of said city, have lawful authority to enter, unmolested and unhindered, any lot or premises in said city on which there shall be any privy or backhouse, and to examine said privy or backhouse, and the same when filled with excrement to a level with the surface of the ground or lot on which they stand, between the hours of ten o'clock in the evening and four o'clock in the to be done.k morning, to cleanse and empty them of their contents, and such con.tents to remove to a place or places designated by the Common Council of said city; and if said Scavenger, or any of them, remove said OF THE CITY OF DETROIT. 21 contents to any other place, they or he shall be punished by a fine of TITLE I. CHAPTER 9. twenty dollars, or by fifteen days' imprisonment for each offence. SEC. 18. Said Scavenger shall, when requested by any person to Scavengers to clean privclean any privy within said city, clean the same at the cost of the ieswhen requested. person requesting the same to be done, in the same manner, and remove the contents thereof to the same place provided in the preceding section. SEC. 19. It shall be the duty of each and every owner or occu- Duties of owners. pier of a privy within said city, whenever his or her privy is filled with excrement within a foot of the surface of the ground or lot on which it is situated, to cause said privy to be cleansed forthwith by the City Scavenger; any person violating the provisions of the preceding section shall be punished by a fine not to exceed twenty-five dollars, or by not more than ten days' imprisonment. SEC. 20. All persons desiring the services of a Scavenger, under To notify Marshal. the preceding section, shall leave a written notice to that effect, stating the place where, and the person by whom, his services are needed, with the City Marshal. S.c. 21. Each Scavenger shall be entitled to demand and receive Fees. the sum of eight cents for each cubic foot of the contents of any privy cleaned by him, and no more. SEC. 22. If any person or persons whose privy or privies have Penalty for refusing to been cleaned by any Scavenger without request, under the provisions pay fees. of this ordinance, shall refuse or neglect to pay said Scavenger his lawful charges for cleaning the same, said person or persons shall, upon conviction thereof, be fined a sum sufficient to pay said charges and the costs of prosecution. SEC. 23. If any Scavenger, licensed under this ordinance, shall Penalty for neglect of refuse or neglect to clean any privy within the city of Detroit, duty when within forty-eight hours after he is notified so to do by the City Mar- arshal. shal, or when he shall know the same to be full, or shall deposit the contents of any privy cleaned by him in any place other than the place prescribed by the Common Council of said city, or shall dis. charge any of his duties in a careless or improper manner, or neglect to repair any damage to the fences, buildings, and grounds of any person, made by him in the discharge of his duties, or shall demand any higher price than that fixed by this ordinance for his services, or if he shall neglect to clean the dirt occasioned by him in cleaning any 22 ORDINANCES AND BY- LAWS CTITLTERIg. privy, or dropped by him from any cart, vessel, or vehicle, in removing the contents of any privy, he shall be punished by a fine not to exceed fifty dollars, or by not more than thirty days' imprisonment. Scavenge deto SEC. 24. It shall be the duty of any Scavenger, when ordered by when order'd the Board of Health, any officer or member thereof, by any Street Commissioner, or the City Marshal, to remove within twenty-four hours, to a place to be designated for that purpose by the Common Council, any carcass of any animal found and being in any of the streets, alleys, or public places of said city; and he shall receive for Compensat'n removing said carcass, such sum of money as the Common Council may prescribe; and if said Scavenger refuses or neglects so to remove said carcass, or removes it to any place other than that so designated, he shall be punished by a fine not to exceed fifty dollars, or by not more than twenty-five days' imprisonment. Scavengers SEC. 25. Whenever, at any season of the year, the Common not to clean forbiddewen Council, or the Board of Health of said city, shall declare it unwholesome to clean any privy in said city, if any Scavenger or other person shall clean any privy at said season, or during the time designated by said Common Council, or Board of Health, said Scavenger or person shall be punished by a fine of ten dollars, or by imprisonment for ten days. Atobeepofobric SEC. 26. No sink, privy, or cesspool shall be constructed in any part of the said city, unless the same shall be constructed of brick or stone, and shall be sunk at least four feet from the surface of the earth, where that depth is practicable and consistent with proper To enter pub- drainage into some public sewer or drain. No person shall drain his lic sewers or drains. or her premises, or any cellar, privy, or sink, into any other place Proviso. than some public sewer or drain of said city: Provided, That there is a public sewer within one hundred feet of said premises, cellar, or sink. No person shall enclose or cover any sink, privy, or cesspool, or arch over, or place upon the same any covering whatever, until said privy, sink, or cesspool shall have been examined by some member of the Board of Health, or by the Street Commissioner of the district in which said privy, sink, or cesspool is situated; and any person violating any provisions of this section shall be punished by a fine not to exceed thirty dollars, or by not more than ten days' imprisonment. SEC. 27. The owner of any sink, or cesspool, or the person oc OF THE CITY OF DETROIT. 23 cupying the premises on which the same are, shall not permit the TITLE I. CHAPTER 9. contents thereof to rise to a greater height than within a foot of the Height beyond which surface of the ground; and any person who shall violate the provis- the contents ions of this section shall be punished by a fine not to exceed fifty dol- are notto rlse lars, or by not more than thirty days' imprisonment. SEC. 28. No person shall clean any sink, orcess pool, or any Time when privies, &c.. drain connected therewith, or with any privy, save during the hours to be cleans'd of ten o'clock in the evening and four o'clock in the morning, and said person shall, during that time, and on the same night, cause the contents thereof to be removed by a City Scavenger, and shall pay said Scavenger for his services in removing said contents the sum of six cents per cubic foot, for each and every foot of the solid contents so removed; and any person violating the provisions of this section shall be punished by a fine not to exceed twenty dollars, or by not more than ten days' imprisonment. SEC. 29. No person shall throw or deposit any carrion, carcass of Carrion, &c., not to be any animal, any vegetable substance, garbage, or offals of fish, poul- thrown into sinks. try, or of any animal, into any sink, privy, cesspool, drain, or sewer, in said city; and any person violating the provisions of this section shall be punished by a fine not to exceed twenty-five dollars, or by fifteen days' imprisonment. SEC. 30. No person shall use and maintain in any necessary house Tubs, &ce., or privy within said city, any tub, box, cask, barrel, half barrel, or vaeults cask, in the place and stead of a vault; and any person violating the provisions of this section shall be punished by a fine not to exceed twenty-five dollars, or by fifteen days' imprisonment. SEC. 31. Chapters twelve, forty, and forty-two of the Revised Or- Chaps. 12, 40, -dinances of the year 1855, aae hereby repealed. 1855, repeal'. dinances of the year 1855, are hereby repealed. 1855, repeald 24 ORDINANCES AND BY- LAWS TITE II. TITLE TWO. CHAPTER 10. OF TAXES AND ASSESSMENTS. CHAPTER X. Relative to the Assessmnent and Collection of City Taxes. Duty of At- SECTION 1. It shall be the duty of the City Attorney to meet tive to generalassessment with the Assessors, and give them all necessary advice relative to the manner of making the general assessment, and if any property belonging to the corporation should be assessed, to request that the same should be stricken from the roll. Proclamation SEC. 2. That whenever it shall be necessary to call a meeting of for public meeting to the freemen of said city, for the purpose of authorizing the said Comauthorize tax to be pub- mon Council to assess or lay a tax on the real and personal property lished by the. within the limits of said city, the notice or proclamation for convening such meeting shall be left or filed with the City Clerk, who shall cause a copy thereof to be duly published in said city, in one of the city papers and handbills. Proceetings SEC. 3. If such meeting shall authorize the Common Council to be filed and recorded. assess and levy any such tax, the Chairman, or other officer of the meeting shall certify the same to the Common Council, as soon as may be, and such authority so certified shall be recorded in the Journal, and filed by the City Clerk. School, high- SEC. 4. All city, school, highway, and sewer taxes or assessments way and sewer taxes not paid to City Treasurer as hereinafter provided, shall be collected to be deliverod to Cohent- by the Collector of the ward wherein the same are assessed and to be collected. Controller SEC. 5. Hereafter, when the assessment rolls for city, school, highcause rolls to be delivered way, and sewer taxes or assessments are completed, the City Controller and how long shall cause the same to be delivered to the City Treasurer, who shall Treasurer may detain the same. give a receipt for the same, and be charged therewith. The Treasurer shall retain the said assessment rolls for city, school, highway, and sewer taxes in his office until such day as shall be designated by the Council, in each year, and during said periods, while said rolls are so detained respectively, any person assessed therein may pay the amount of their taxes or assessments to the City Treasurer, who shall OF THE CITY OF DETROIT. 25 receive and give a receipt therefor, and mark the same as paid upon TITLE IL the proper roll. SEc. 6. When the day designated in accordance with the pro-'ityTreasnrer to procure visions of the preceding section shall have elapsed, the City Treasu- warranttto be rer shall request the Controller of said city to annex to each of the taxrolls. rolls for city, school, highway, and sewer taxes, a warrant under his hand and the corporate seal, directed to the Collector for the ward or district in which the said rolls are to be collected, commanding him to collect all sums or assessments then remaining unpaid upon the roll, contents of warrant. to which said warrant is annexed, of the person or persons from whom said sums or assessments are due, and if any person or persons from whom such sums or assessments are due as aforesaid, shall neglect or refuse to pay the same, or any part thereof, then that he shall levy the same by distress and sale of the goods and chattels of such person; and further, that he shall make return of his doings under said warrant upon a day to be fixed by resolution of the Common Council, which said warrant may be renewed from time to time as the said Council shall deem necessary; and the said Treasurer shall deliver the said rolls and warrants to the respective Collectors of the wards wherein the same are to be collected, giving to each Collector the roll to be collected in the ward of such Collector. SEC. 7. Whenever any of said rolls are delivered, as provided in The amount the foregoing section, the Treasurer shall charge the amount unpaid rllsrgto the collectors thereon to the Collector receiving the same, and shall also take the receipt of such Collector therefor. SEC. 8. Upon receiving the said rolls, the several Collectors shall Collectors to collect and proceed to collect the amounts appearing unpaid thereon, in the man- makereturns ner provided by the charter and ordinances of said city, and shall proceed and make returns at the times and in the manner in said cnarter and ordinances prescribed. SEC. 9. If any of the taxes mentioned in the tax roll of any Collectors to return taxes ward or district shall remain unpaid, and the Collector for such ward unpaidto the Council, &c. or district shall not be able to collect the same, he shall report and deliver to the Common Council a list of the taxes so remaining due; and on making oath before the City Clerk, or in case of his absence, before any Justice of the Peace, that the sums nentioned in such list remain unpaid, and that he has not, upon diligent enquiry, been able to discover any goods or chattels belonging to or in possession 4 26 ORDINANCES AND BY-LAWS TITLE II. of the persons charged with or liable to pay such sums, whereon he CHAPTER 10. could levy the same, he shall be credited by the City Treasurer with the amount thereof, but not otherwise. The Collector shall also designate in such report or list, all persons named in this roll who are not residents of said city: Provided, The Collector may make said return to the Common Council at their meeting next ensuing the time mentioned in said warrant. Forms. SEC. 10. The following or other sufficient forms may be used in proceeding under this chapter: Form of Warrant. STATE OF MICHIGAN, ss City of Detroit. To Collector of the Ward of the City of Detroit, Greeting: In the name of the people of the State of Michigan, You are hereby commanded, that you collect from the several persons named in the foregoingo Tax Roll, or of any person liable to pay the same, the amount of highway, sewer, school, and city taxes opposite to their names respectively, together with per cent. for your services for collecting the same; and on the neglect or refusal of any such person to pay such taxes, that you then levy the same by distress and sale of goods and chattels of such person, occupant, or lessee refusing or neglecting to pay the same according to law; and that you have said roll, and the money so collected by you, and this warrant, before the Common Council of said city, on the day of 185. In testimony whereof, I have hereunto set my hand, and caused [L. S.] the seal of said city to be affixed, at the city of Detroit aforesaid, this day of A. D. 18 Controller. Attest: Clerk. Notice of the Sale of Property. STATE OF MICHICAN, s City of Detroit. s Notice is hereby given, that on the day of A. D. 18, at o'clock noon, the undersigned will sell at public auction, at OF THE CITY OF DETROIT. 27 (or refused) to pay the city tax imposed onAim for the year 18 TITLE I,. and which is to be levied by said sale. Dated at Detroit, this day of A. D. 18 Collector for City of Detroit. Collector's Return. STATE OF MICHIGAN, City of Detroit. To the Hon. the Common Council of the said City: The undersigned begs leave to submit the following list of the lands of residents and non-residents of said city, which were taxed for the year 18, according to the assessment roll of said city, to me heretofore delivered to be collected according to law, but which I have not been able to collect. Valuation. Tax. Names. Description of Lands. Valuation. Tax Dolls. Cents. Dolls Cents. Given at the city of Detroit, this day of A. D. 18 Collector for City of Detroit. STATE OF MICHIGAN,? ss City of Detroit. Collector of in said city, being duly sworn, saith that the several sums mentioned in the annexed list of city taxes for the year remain due and unpaid, and that he has not, upon diligent enquiry, been able to find or discover in said city, any goods or chattels belonging to or in possession of the persons charged with or liable to pay the said sums of money, whereon he could levy the same; and this deponent further saith that the persons mentioned in the in said city, the following property, to wit: (here describe the property,) which I have distrained because A. B. hath neglected 28 ORDINANCES AND BY-LAWS TITLE i. said lists as non-residents are, as he believes, non-residents of said CHAPTER 11. city. 1 Collector for City of Detroit. Subscribed and sworn to this day of A. D. 18,before me. Clerk of said City. CHAPTER XI. Relative to the Sale of Lands for Taxes and Assessments. SECTION 1. Whenever the City Collector or other officer of said When lots to be sold for city, authorized to collect any tax or assessment on any lands, tenements, hereditaments, or premises in said city, or on the owners or occupants thereof, shall make due return that such tax or assessment remains due and uncollected, it shall be the duty of the City Treasurer, on behalf of the Common Council, to proceed and sell such lands, tenements, hereditaments, and premises, in the manner hereinafter prescribed. Treasurer SEC. 2. The Treasurer shall make out a list of all such iands, the shall give notice of sale names, if known, of the owners or occupants, the amount of the delinquent tax or assessment due thereon according to such return; and the Treasurer, on behalf of the Common Council, shall cause such list, with a notice thereto attached, to be published four weeks successively in the official newspaper of said city, requiring the owners, occupants, or lessees of such lauds, tenements, hereditaments, and premises, against whom such assessments have been -made, to pay the same; and further notifying them, that if default shall be made in any such payment, such real estate will be sold at public auction, at a day and place therein to be specified, for the lowest term of years at which any person will offer to take the same, in consideration of advancing the sum assessed or taxed on the same, with the costs and charges in the premises. Lots to be SEC. 3. If, notwithstanding such notice, the owner or owners, ocsold if taxes not paid. cupant or occupants, lessee or lessees, or person or persons liable to pay such tax, shall neglect or refuse to pay the same with the cost and OF THE CITY OF DETROIT. 29 charges thereon, then the Treasurer, on behalf of the Common Coun- ATITLE., cil, at the place and on the day mentioned in such notice, shall commence the sale of such lands, and shall continue the same from day to day, (Sundays excepted,) until the same be sold for a term of years, for the purpose and in the manner already above expressed; but each lot or parcel of a lot owned by any une person or set of persons, against whom such assessment has been made, shall be sold by itself. SEC. 4. At the close of the sale, the Treasurer shall report to the Treasurer to report sale to Common Council the terms for which each lot was sold, the amount Common Council bid therefor, and the name of the purchaser; and if there be no suf- when purtied to conficient objection, the several purchasers shall be entitled to the neces- veyancesand on what sary conveyances of said premises, when the time of redemption fixed terms. by law shall have fully expired, upon paying for the expense of such conveyance the further sum of fifty cents, unless such lot shall have been sooner redeemed, in which case the purchaser shall be entitled to receive the purchase money and interest. SEC. 5. The purchasers at such sale shall pay the amount of their Treasurer to report to respective bids to the Treasurer within forty-eight hours after the Councilneglect of pursale, and if they shall neglect or refuse to pay the same within that chasers to time, the Treasurer shall report the names of such persons to the Common Council, who may elect to take the lots bid off by such purchaser. SEC. 6. The Controller shall prepare the necessary conveyance Controller to prepare conand deliver the same under the corporate seal, and in the corporate veyance. name execute to the purchaser, his heirs or assigns, a declaration of sale of the land so sold, which shall be attested by the Clerk. SEC. 7. The Treasurer shall keep a correct record of all land Treasurer to keep a record sales, showing the time when the tax or assessment was levied, and of land sales. the amount therefor, the costs and charges, the time when the lands were sold, the name of the purchaser or his assignee, the term for which the same were bid off, the time when redeemed, and by whom, with such other entries as may be necessary in the premises. Any person entitled to redeem any such lot, may, within one year from the How lands so sold may time of sale, pay the amount due thereon, including all costs and beredeemed. charges, to the City Treasurer, who shall give proper receipts therefor, and shall enter a note of such redemption on said record. Whenever any premises, lands, tenements, or hereditaments shall be returned 30 ORDINANCES AND BY-LAWS TITLE It. hereafter for the non-payment of any tax or assessment, interest upon CHAPTER 11. the same shall be charged as follows: fifteen per cent. per annum from the date when the same shall be so returned, up to and until the date of the sale of such premises, or the payment of the amount of such tax with interest at said rate; and from and after the sale of any lands, tenements, or hereditaments, interest upon the amount for which the same shall be sold shall be computed and charged at the rate of twenty per cent. per annum, and no person shall be entitled after sale to redeem any premises sold without payment of the said interest and principal in the manner prescribed by law. Forms. SEC. 8. The following or other sufficient forms may be used in proceedings under this chapter: Notice of Tax Sale. STATE OF MICHIGAN, City of Detroit. ss. Notice is hereby given, that pursuant to law, there will be sold, at the Common Council Hall, in the city of Detroit and State of Michigan, between the hours of and,in the forenoon of the day of, A. D. 18, at public auction, the several premises hereinafter described, each parcel separately, for the lowest term of years at which any person will offer to take the same, in consideration of advancing the sum or sums which were assessed or taxed by the Common Council of said city, for the year one thousand eight hundred and (or on the day of one thousand eight hundred and to defray the expenses of paving or planking sidewalks, or otherwise, as the case may be, in front of or adjacent to the several premises; together with costs and charges in the premises;) unless the said sum or sums, with the costs and charges thereon, shall before that time be paid and satisfied, which the owners or occupants of said premises, against whom said sum or sums have been assessed, are hereby required to do. [Here insert an accurate description of the several premises, and add to the description of each, the amount assessed, the name of the individual or individuals against whom the same is assessed, and also the amount of the costs and charges, if any, up to that time.] OF THE CITY OF DETROIT. 31 TITLE II... Amount Costs of CHAPTER 11. Names. Description of Lots. o Csso of Tax. Asssessment.? Dated at the city of Detroit, this day of A. D. 18 By order of the Common Council, City Treasurer. Form of Declaration of Sale. This indenture, made the day of in the year of our Lord one thousand eight hundred and, between the Corporation of the city of Detroit, in the State of Michigan, of the first part; and of the second part: Whereas, in pursuance of, and in conformity with, the provisions of the laws of said State, relative to the city of Detroit aforesaid, providing for the assessment and collection of taxes and assessments imposed and laid by the authority of the Common Council of the city of Detroit, the lot of land hereinafter described, was, on the day of in the year one thousand eight hundred and, duly sold for the payment of the assessment (or tax) imposed thereon by the Common Council for the year one thousand eight hundred and, [if it be a special tax, say after the word " Council,"-on the day of,in the year, etc., for the expense of constructing a sidewalk in front of, and adjacent to, the said lot or premises; or other special assessment, as the case may be,] to the said party of the second part, for the sum of dollars and cents, it being the amount of the taxes and costs, and charges on said lot, for the term of years which was the least term for which any person offered to take the same, in consideration of advancing the said sum of money; and the said party of the second part having advanced and paid said sum of money as required by law, * This column is unnecessary except in cases of special assessments. 32 ORDINANCES AND BY- LAWS TITLER 1 Now therefore, this indenture witnesseth, that the said party CHAPTER 12. of the first part, in pursuance of law, and in pursuance of the sale aforesaid, and also in consideration of the premises, and of the said sum of money being duly paid and advanced as aforesaid, by the said party of the first part, the receipt whereof is hereby confessed, do by these presents declare, that they demise and lease unto the said party of the second part executors, administrators, and assigns, all that said piece or parcel of land, situate in said city of Detroit, and State of Michigan, known and described as,together with all and singular, the benefits, liberties, and privileges to said premises belonging; to have and to hold the said demised premises with the appurtenances, unto the said party of the second part, executors, administrators, and assigns, for and during the full end and term above mentioned, fully to be completed and ended; (and if the above lot shall not be redeemed according to law, within one year from the day of these presents will become absolute.) In testimeny whereof, I, Controller of said city of Detroit, and on behalf of the said parties of the first part, [L. S.] have hereunto set my hand, and caused to be affixed hereunto the corporate seal of said city at the city of Detroit, the day and year first above written. Controller of the city of Detroit. By - Controller of said City. Attest:, Clerk of said City. CHAPTER XII. Relative to paving Sidewalks, Avenues, or Streets, and constructing Crosswalks. Sidewalks, SECTION 1. That the side and crosswalks of all streets and avecrosswalks and streets nues, which are or shall be graded, and all streets and avenues, shall to be paved or planked. be paved or planked with such materials as the Common Council may direct. SEc, 2. If the owner of any lot or premises has or shall have OF THE CITY OF DETROIT. 33 paved or planked the street in front of his premises to the centre TITUL H. thereof, according to the provisions of this chapter, and shall keep Persons paving, &c., in the same in good repair, such premises shall be exempt, and the owner fronti ofthelr thereof shall not be liable to pay any assessments for highway labor, tamxted from upon his producing satisfactory evidence to the Street Commissioner that such person has or shall have so paved or planked such streets, or paid therefor, and shall have kept the same in good repair; and no such exemption shall be allowed to any person or persons except in the manner, and on the terms and conditions above expressed. SEC. 3. The owner of all lots on streets which have been graded, Owners may pave or and prepared for the laying down of sidewalks, under the direction plank in front of the Common Council, are hereby authorized to pave or plank in front of their lots, under the direction of such officer or committee as the Common Council may direct. Sidewalks. SEC. 4. Whenever the Common Council of said city shall deem How money it necessary to provide funds for defraying the expenses of paving or wals. planking any sidewalks within the limits of said city, they shall do so by assessment on the owners or occupants of the lots or premises in front or adjacent to the sidewalks paved or planked, or directed so to be; and whenever it may be necessary to provide for the expense of constructing any crosswalks in said city, the assessments for the same shall be made in accordance with the provisions of this chapter, particularly relating thereto. SEC. 5. Whenever the said Common Council shall have paved or Surveyorto assess planked any sidewalks in said city, or shall direct the same to be expense. paved or planked, the City Surveyor shall make an assessment on the owner or occupants of the lots or premises in front of or adjacent to said sidewalks paved or planked, or directed so to be. SEC. 6. The said City Surveyor shall, with all due diligence, as- Mode ofas certain from the best evidence in his power, all the necessary facts, sessment. and shall then make out a written report or assessment roll, stating therein the names of the owners or occupants of the lots or premises in front of, or adjacent to which such sidewalks may be paved or planked, or directed so to be; describing by itself, with sufficient accuracy, each lot or portion of a lot owned by any one person or company of persons, and also the names of such owner or several owners; and when he cannot ascertain the names of any such owners or occu6 34 ORDINANCES AND BY-LAWS TITLE rI pants, or either of them, he shall state such fact in his report, and he CHAPTER 12. shall therein state who of such owners are residents of said city, and who are non-residents; and said City Surveyor shall also, in as accurate a manner as possible, ascertain, and in said report set forth the space or number of square yards or feet paved or planked, and the quantity of curbing placed, or to be placed in front of or adjacent to the lots or premises owned or occupied by any one person or set of persons, the sum of money which such person or set of persons shall be assessed at and pay for such paving or planking, and also five cents Contents of Surveyor's for each description, to defray the expense of making such assessreport to be presented to ment, which report the said City Surveyor shall present to said Common Council. Clerk to noti- SEC. 7. The City Clerk shall then make out a notice, directed to fy owners of bots assessed the several persons in said report named and proposed to be assessed, tice. ce. notifying them that they are about to be assessed, to defray the expenses of paving or planking the sidewalks adjacent to certain premises owned or occupied 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 Clerk, for inspection, and further notifying them of the time and place when the Common Council will meet and review said report or assessment, on the request of any person conceiving himself aggrieved; which said notice shall be published in some daily newspaper printed in said city, four times during ten days. s't Comm'r SEC. 8. In addition to the printed notice provided for in the last to serve notice of assess- preceding section, the Street Commissioner, as soon as any such asment on certContentrsof sessment shall have been made, shall forthwith serve or cause to be notice. served upon all persons therein interested, who are residents of the city, a written or printed notice, by delivering the same to them personally, or leaving it at the party's usual place of abode or business, which said notice shall fully set-forth the place where said sidewalk, paving, or planking is ordered, and that said party is allowed ten days within which to construct the same; and if completed within that time to the satisfaction of the City Surveyor. that no expense of proceedings to collect the same shall be incurred by them; and upon the expiration of said ten days, the Street Commissioner shall make a full return to the Council of his doings, under this section, and state fully whether such notices have or have not been complied with by said parties; and if from such return it appears that said sidewalks, OF THE CITY OF DETROIT. 35 paving, or planking have not been constructed within the ten days TITirn. prescribed, by the parties notified; then the amount of such assessment, together with all costs and charges incident to the collection thereof, shall be collected by warrant issued for that purpose by the Common Council, according to the provisions of chapter ten of these ordinances, "relative to a City Collector." SEC. 9. The said Common Council shall, at the time and place Council to examine and in said section specified, or at some session thereafter, take said as- sessment. sessment into consideration, and if no person appears to object to said report or roll, and no good cause to the contrary appears, and an affidavit of publication of the requisite notice having been made by some one acquainted with the facts, they shall, by a written resolution to be entered on their journal, declare that they approve of said report or assessment roll: that they receive as correct the description of the premises and the names of the individuals therein contained, and that the sum which said report 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; but if any sufficient cause appears, or is shown to said Common Council, they shall review said report or roll, and make such assessment as may be just and right in the premises; and said Common Council may, if necessary, adjourn from one time to any reasonable time, for the purpose of finishing said review of said assessment. Plank Sidewalks. SEC. 10. The Common Council may from time to time authorize Whenplank waliksmay be that good and substantial plank sidewalks shall be laid down and laid. constructed in any street or part of a street, whether graded or not, as hereinbefore described, and under the direction of the City Surveyor. SEC. 11. Such sidewalks shall be constructed of good pine or oak How plank walks conplank, which shall not be less than two inches in thickness, nor more structed. than twelve inches wide, on oak, cedar, or hemlock sleepers, not less than four inches square, to be placed not more than three feet apart, the plank to be nailed with nails not less than forty penny, with at least three in each end of each plank, and not less than two at any other bearing, and said walks shall be of the following width: On Jefferson and Woodward avenues, six feet, and on all other streets, 36 ORDINANCES AND BY- LAWS TITLTE rI three feet; Provided, however, That the Common Council may at CHAPTEIL 12. any time direct that such sidewalk, on any street, or part thereof, be of more or less width than is hereinbefore described, and all crosswalks shall be constructed of oak plank, not less than two and onehalf inches thick, and twelve inches wide, to be laid and fastened as in this section above prescribed for sidewalks; such crosswalks to be of such width as shall be ordered by the Common Council. Assessment SEC. 12. When the Common Council shall direct the construction for plank walks, how of any such plank sidewalk, the City Surveyor shall proceed and make an assessment therefor, showing the names of the owners or occupants, (residents or non-residents,) of the premises in front of which such sidewalk is required, with a description of such premises, the length and width of such walk, and the sum of money to be assessed for constructing the same; and when any such assessment shall be completed, the same shall be reported to the Common Council, and such further proceedings had as are required by sections seven, eight, and nine of this chapter. Persons may SEC. 13. Any parties interested shall have the privilege of conconstruct their own structing a plank sidewalk in front of their respective premises, after the same shall have been ordered by the Council, within the time and after the same manner as is hereinbefore provided in section eight, and shall be entitled to all the rights and privileges secured by said section. WhenCoun- SEC. 14. Whenever an assessment has been duly levied, according cil to construct walks. to the provisions of this chapter, and a return of the warrant issued for the collection of the same by the City Collector, under the provisions of section eight, has been made, the Common Council shall proceed to the construction of the sidewalk as ordered, and the property of all persons whose assessments have not been paid shall be Who liable held liable for all costs, charges, and interest incurred on their behalf for expense thereof. in the construction of said sidewalks. and may be sold for the same, as in the case of delinquent taxes. Certain mis. SEC. 15. Whenever by mistake or otherwise, any person may be takes not to. vitiate as- improperly designated as the owner or occupant of any lot or premsessment. ises in proceedings under this chapter or any other ordinance of said city relative to taxes or assessments, the tax or assessment shall not for such cause be vitiated, but the same shall be a lien on such lot or premises, and collected as in other cases. OF THE CITY OF DETROIT. 37 Streets and Avenues. TITLE II. CHAPTER 12. SEC. 16. Whenever the Common Council of said city shall deem Fundsto plank or it necessary to provide funds necessary for defraying the expenses of grade orpave grading, paving, or planking any alley, avenue, or street of said city, raised. or any portions thereof, they shall cause an assessment to be made by the City Surveyor, on the owners or occupants of premises in front of or adjacent to the avenue or street directed to be graded, paved, or planked. SEC. 17. The said City Surveyor shall make a separate assessment Assessment for cross on the lots or premises so assessed, as aforesaid, for the grading, paving, streets. or planking any cross street or avenue, in such proportions as he shall deem just and equitable, provided each block shall only be assessed to the centre of such cross street or avenue, each way. SEC. 18. The manner of making said assessments, and all other How assessment for subsequent proceedings in the premises, shall be the same as are re- rp` flnkignd quired under the provisions of sections six, seven, and nine of this made chapter, except that the notice be given by the City Clerk, under the provisions of section seven, shall notify persons to be assessed that they are about to be assessed to defray the expenses of grading, paving, or planking the street or streets and alleys adjacent to certain premises owned or occupied by them, &c. SEC. 19. If the owners or occupants shall omit to grade, pave, Collection of assessments or plank said avenues or streets in front of or adjacent to their respective lots or premises, or pay their proportion of the assessment for grading, paving, or planking any cross street, avenue, or alleys, so that the expenses of all grading done shall be assessed upon the property fronting the same, within such time as the Common Council may by resolution direct, then the said Common Council may issue their warrant for the collection of said assessment, and all costs and charges thereon, and on failure of the proper officer to collect the same, the said lots or premises shall be sold agreeably to the provisions of these ordinances, " Relative to the collection of special assessments." SEC. 20. Such avenues or streets, or such portions thereof as the Of what materials plank Common Council may direct to be planked, shall be done with good roads to be sound pine, oak, or hemlock plank, not less than four inches in thickness, nor more than ten inches in width, said planks to be spiked or pinned down solid, on timbers not less than four inches in thickness, nor eight inches in width, of the same material, and firmly imbedded 38 ORDINANCES AND BY- LAWS TITL'E II. in the earth, so that the lower surface of the plank shall rest on the CHAPTER 12. e earth as well as the bed timbers, which shall be put down not more than four feet apart, said planks to be laid crosswise in the said avenues or streets, and the ends placed firmly against the curb-stones of the sidewalks, so as to leave the upper surface of the planks five inches below the top of the curb-stones, and the corner to be filled with one-half of a stick of timber five inches square, sawed through the extreme corners, the back well fitted to the curb, and spiked down solid to the plank, so as to prevent the water from washing the sand from between the curb-stones and pavement. All planks to be laid according to the established grade of the avenue or street. The work to be done to the satisfaction of the Common Council, or such committee as they shall appoint to inspect the same. Crosswalks. Assessments SEC. 21. The expense of construction and the repairs of all crossfor repairing and con- walks over the streets and alleys of the city, hereafter to be made, structing crosswalks. and not already provided for, shall be defrayed by a rateable assessment upon the real property of one quarter of each of the blocks so to be connected, and being that half respectively which lies in the line of direction of the crosswalk; and said assessment shall be taken from the general assessment roll of the city for the current year. When Coun- SEC. 22. Whenever a majority of the taxable inhabitants of each cil to direct construction of any two blocks to be connected, shall petition the Common Council to have a crosswalk constructed to connect said blocks, the Common Council will order the construction of such crosswalk at such point or points of connection as the petitioners may designate, and of the width prayed for; and whenever a less number than such majority shall so petition, or the Common Council shall direct without petition, the construction of such walk shall not be ordered, except upon a report thereon by the Committee on the Streets of said city. Street Com- SEC. 23. As soon as a crosswalk shall be ordered, in pursuance construct of the foregoing provisions, the Street Commissioner shall proceed crosswalks and warrant without delay to construct the same, but at a rate not exceeding the to issue for csesent usual relative rates paid by the city for similar constructions, and the for the same. City Surveyor shall report the assessment for constructing the same at the next succeeding meeting of the Common Council, for confirmation, and upon such confirmation, a warrant shall issue for the OF THE CITY OF DETROIT. 39 amount of said assessment, and the Street Commissioner shall pro- TIrTLE II CHAPTER 12. ceed at once to collect the same. Repairs. SEc. 24. All sidewalks in the city of Detroit shall be kept in good repair by the owner or occupant of the house, lot, or premises adjoining or fronting on such, and whenever any sidewalk within the limits of said city shall require repairing, it shall be the duty of the Street Commissioner of the district in which the same is situated to notify When Street by a written or printed, or a partly written or partly printed notice, ertnonotiify owners to the owner or occupant of such house, lot, or other premises adjacent repair, &c. to or fronting on such parts of said sidewalk, needing such repairs, to repair the same within forty-eight hours, and if the person thus notified shall refuse or neglect to comply with the exigency of said notice, then the said Street Commissioner shall have said repairs made, and shall report the making of the same to the City Surveyor, who City Surveyor to make shall prepare and transmit to the Common Council a proper assess- roll. ment roll, assessing the expense of said repairs upon said lot or premises, which roll shall be confirmed by the Common Council in the same manner as other special assessments: Provided, however, That Proviso.,where the said Commissioner shall estimate that the expense of any repair herein provided for will exceed the sum of two hundred dollars, he shall report the fact of notice and the estimate of expense to the said Common Council, who shall then provide for the making of said repair by contract, as is prescribed by law. It shall be the duty of said Street Commissioners to keep in a book a copy of all notices served under this section, on which shall be made a memorandum, signed by the Commissioner serving the notice, of the time when, the person on whom, and the manner in which, said notice was served. If any lot or premises in front of or adjacent to which said repairs shall be required, shall be unoccupied, and the owner or owners. or lessee thereof cannot be found in the city of Detroit, said Street Commissioner may serve said notice to repair by posting the same in some conspicuous position upon said lot or premises. SEC. 25. All expenses for making assessments under this chapter Expense of making asor any other ordinance, together with the expense of printing notices, messnegnt to be paid by and all other charges relating to such assessments, shall be justly ap- the person portioned by the City Treasurer to the persons liable to pay said assessments, and shall be collected at the same time. 40 ORDINANCES AND BY- LAWS TITLE RI. SEC. 26. The Common Council may at any time, by resolution, CHAPTER 12. The Council to be entered on their journal, authorize or require any person or may authorizeany other officer of the corporation of said city, to perform the same duties the du of Street tCorm- which are hereinbefore required to be performed by the Street Commissioner. missioner, or other officer. Penalty for SEC. 27. Any person or persons who shall in any manner be guilty injuring Streets, ac. of a wanton injury to any side or crosswalk, paving or planking, within the limits of the city, by impairing, destroying, or removing the same, or any part thereof, shall, on conviction thereof in the Recorder's Court, be subject to a ine not exceeding fifty dollars. forms of SEC. 28. The following or other sufficient forms shall be used in proceeding Prnder this proceedings under the provisions of this chapter: chapter. No. 1. RESOLUTION. Resolved, That a plank sidewalk, (or brick or stone sidewalk, as the case may be,) be constructed on street in this city, between and,and that the City Surveyor make an assessment bf the expense of the same, according to the ordinance in such case made and provided. No. 2. Assessment Roll for Constructing a Plank Sidewalk from to in the City of Detroit, on the year A. D. 18 Name of Names of I Descrlp- I Width I Length Amount Costs I al Non- i n of of o f of of Total Residents. Residents. lots. Walk. Walk. Tax. assess't.costs. of of of of costs. To the Hon. the Common Council: I herewith report to your Hon. body the foregoing report or assessment as correct and just. Dated at Detroit, this day A.D. 18 City Surveyor. [Let the assessment roll be filed by the Clerk.] OF THE CITY OF DETROIT. 41 No. 3. TITLE CR. CHAPTER 12. Notice to Persons to be Assessed. STATE or MICI1GAN, City of Detroit. ss To (here insert the names of those to whom directed, and add,) or to any other person interested in the premises, within the limits hereafter mentioned: You are hereby notified that assessments are about to be made upon you to defray the expenses of constructing plank sidewalks, (or paving the sidewalks, or streets, as the case may be,) in front of, or adjacent to certain premises or lots of land owned or occupied by you respectively, on street, in the city of Detroit, State of Michigan; and also, that a report or assessment roll has been made in the premises, which is on file in the office of the Clerk of said city, where it will remain open for.your inspection until the day of A. D. 18, when and where you may appear and show cause before the Common Council, in the Common Council house in said city, why the said assessment should not be made and collected aceording to law. By order of the Common Council, - City Clerk. Dated at the city of Detroit, this day of A.D. 18. [After the time mentioned in the notice, and on filing affidavit thereof, let a resolution of the following form Lbe entered on the journal.] Whereas, It appears by affidavit-on file, that due notice has been given to the owners and occupants of premises fronting on street in the city of Detroit, that the Common Council would, on the day of A. D. 18, meet and review the report or assessment roll filed by the City Clerk on the day of A. D. 18, for the expense of constructing in front of said premises: And whereas, No person has appeared before the Common Council, to object to said assessment, or the confirmation thereof; (if there be any objection, say after the word " whereas "-all objections thereto have been duly considered,) therefore Resolved, That said assessment roll is hereby approved and confirmed; that the description of premises and the names of persons contained therein, are received as correct; and that the sums which 6 42 ORDINANCES AND BY-LAWS TITLE II. the said assessment roll states to be the correct ones, which each indi-'CHAPTER 13. vidual, or set of individuals, should be assessed at and pay, be the assessment, and be collected from the several persons liable to pay the same according to law. [Then let the Clerk endorse on the roll, the words: "Approved and confirmed by the Common Council, this day of A. D. 18." CHAPTER XII1. Relative to the manner of obtaining possession of Lots sold for Taxes. Possession of SECTION 1. Whenever the title of any person shall become absolots under tax title, how lute by virtue of the sale or lease of any lot or parcel of land in said city, in pursuance of the second section of an act, entitled " An act to amend the several acts relative to the city of Detroit," approved April 22, 1833, such person, his legal representative or attorney, shall make demand in writing of the person in possession, and notify him that he claims possession of such lot, by virtue of a sale or lease under said section. Persons re- SEC. 2. If the person in possession shall neglect or refuse for the fusing to deliver posses- space of six days after such demand, to give up possession of such lot, cited before Recorder's then the person claiming the same may present a petition to the ReCourt. corder's Court of said city, verified by his own oath, or by some person for him, setting forth his right to such possession, and praying that a citation may issue, directed to the person in possession; upon filing such petition, the Court may order that a citation issue accordingly, which shall be issued, and be returnable in the same manner as a summons: Provided, The petitioner enter into a bond to the Corporation of the city of Detroit, with such sureties as the Court shall direct, conditioned to pay all costs that may accrue in such proceedings. Proceedings SEC. 3. If the defendant appears, he may plead the general issue, to obtain possession of and give notice of any special matter which he intends to give in lots leased by a g the city. evidence. Forcible Entry and Detainer. Whenever, according to the laws of the State, relative to forcible entry and detainer, the corporation of said city are entitled to the OF THE CITY CF DETROIT. 43 possession of any lands and tenements, the same proceedings shall be PT,L'ERIL had in such case in the Recorder's Court of said city, so far as the same apply, as are authorized before Justices of the Peace. Provided, That in all cases the Marshal of said city shall give notice in writing to the persons in possession to quit the same, and in default thereof for the space of six days thereafter, the Marshal shall make report thereof to the City Attorney. TITLE THREE. OF STREETS AND ALLEYS. CHAPTER XIV. Relative to the use of Streets and Alleys. SECTION 1. No person shall leave any wagon, cart, carriage, sleigh Nokvehicle to or any vehicle, standing or remaining in any of the public streets of the streets. said city, the same not being in use at the time, under a penalty not exceeding ten dollars and costs for every offence. SEC. 2. No person shall leave, any horse or horses in any of the No horses to be kept in the public streets of said city, without being sufficiently tied; nor shall streets; carts any person be permitted to use a cart within the limits of said city, chains. unless such cart is provided with a chain to lock the wheel; any person offending against either of these provisions shall be subject to pay a fine not exceeding five dollars and costs, for every offence. SEC. 3. No person shall place, or cause to be placed, any stone, tertain obtimber, lumber, planks, boards or other materials in or upon any of unlawful the public streets, lanes or alleys of said city, unless for the purpose of building; and then only for a period of time not exceeding four months, without leave had of the Mayor or Common Council; any person offending against either of these provisions, shall, for every Penalty for offence, be subject to pay a penalty not exceeding fifty dollars and costs. SEC. 4. No person so building shall obstruct the gutters or more Obstructions occasioned than one-half of the sidewalk, and one-quarter of the carriage way of by buildings. 44 ORDINANCES AND BY- LAWS TITLE III. said street opposite the lot owned by such person, under a penalty not CHAPTER 14. exceeding twenty-five dollars, and a further penalty not exceeding five Penalty for dollars for every forty-eight hours that any such sidewalk, gutter or street shall afterwards remain obstructed. Building ma- SEC. 5. After the completion of any building, but within the terials to be removed when build'g period of four months aforesaid, (unless otherwise permitted by the is finished. Mayor or Common Council;) all building materials and rubbish arising therefrom, shall be removed from the street; and any person ofPenalty for fending in the premises, shall be liable to pay a penalty not exceeding not removing five dollars for every forty-eight hours such materials or rubbish shall be or remain in such street, after the time limited aforesaid, and costs. How drains, SEC. 6. It shall not be lawful for any person to make or construct water pipes, ena laiyd; any drain or sewer, or lay down any water pipes in any of the public streets of said city, within at least four feet of the curb stone of the sidewalks, unless it shall be the side drain, sewer or water pipe leading to or from the building or lot for which it is designed; any person offending against this provision shall be liable to be fined a sum not exceeding twenty dollars and costs. Damages oc- SEC. 7. Whenever it shall be necessary for any person, with a excavations to be repaired view to construct or make any such drain or sewer, or lay down any water pipes, or for any other purpose whatsoever, to tear up any pavement, side or crosswalk, or to dig any hole, ditch or drain, in any of the public streets of said city, it shall be the duty of such person, as speedily as practicable, to repair and put all such pavements, side or crosswalks, and streets in as good order and condition as the same were in previously; to pound down the earth so as to make it firm and solid; and as often as the earth shall settle to repair the same; but it shall not be lawful for any person or persons (except the Board of Water Commissioners, by consent of the Committee on Streets and Sewers,) within the limits of said city to excavate, dig or take up any pavement or paved street, side or crosswalk, or to dig any hole, ditch or drain upon any of the public pavements or paved streets, or for any other purpose whatsoever in said city, without having obtained the written consent of the Street Commissioner, upon written application to said Street Commissioner, signed by the person or persons making application for the same; any person offending against any of the provisions of this section shall be subject to pay a penalty for every offence, not exceeding twenty dollars and costs. OF THE CITY OF DETROIT. 45 SEC. 8. It shall be the duty of every owner or occupant of any TITLE III. house or other building or premises, in the city of Detroit, at all times Owner or occupants to to keep the drain or gutter in front of the same clear and free from clear gutters. any obstruction that may hinder the free passage of water; any person offending in the premises, shall be liable to pay a fine not exceeding ten dollars for every offence, and costs. SEC. 9. No person shall cast or throw, or cause to be thrown into Rubbish, &c., not to be any of the drains, sewers or gutters within said city, any straw, shav- thrown into gutters, and ings, wood, stones, rubbish, or any filth or other substance, or causeno drains shall lead into streets any obstruction, nuisance or injury in or to the same, by diverting or and alleys. stopping the water course thereof, or otherwise, under a penalty not exceeding ten dollars and costs for every offence; nor shall any person drain, or permit to be drained, from any lot or cellar owned or occupied by him or her, within the limits of this city, into, or on the surface of any streets or alleys of said city, the water from his or her lot or cellar, under a penalty not exceeding one hundred dollars and costs of prosecution. SEC. 10. No person shall throw, place or deposit, or suffer his or Nuisances not to be her servant, child or family, to throw, place or deposit any dung, dead placed in streets. animal, carrion, putrid meat or fish, entrails or decayed vegetables, or nuisance of any kind, nor shall be knowingly suffer the same to remain in any street or lane of said city; and any person who shall violate any of the prohibitions of this section, shall forfeit and pay a fine not to exceed five dollars for each offence, and costs of prosecution. The finding of any of the articles named in this section, in front or rear, or side of any lot, shall be prima facie evidence that the same were placed there by the occupant or occupants of said lot; and the burden of proof shall rest on the defendant. SEC. 11. No person shall hereafter be permitted to make any ex- Excavations when madecavation in any of the streets or alleys of this city, for any purpose how prowhatever, between the fifteenth day of October and the fifteenth day of April thereafter, unless by special leave of the Common Council; and no excavation in any of the streets or alleys of the city shall be made at any time, unless the person or persons making the same, or causing the same to be made, shall erect a suitable guard or fence about such excavation, and shall, during the night time, cause lights to be attached and maintained to and upon such guard or fence, proper and sufficient to warn all persons passing by or near the same, or ap 46 ORDINANCES AND BY- LAWS CITLEIII: proaching the same, of the existence of such obstruction or excavaPenalty. tion. Any person or persons violating the provisions of this section, shall forfeit a sum of not exceeding one hundred dollars and costs of prosecution, to be recovered in the Recorder's Court, and shall also be liable for damages to any person or persons injured in the premises, in their person or property. Streets and SEC. 12. It shall not be lawful for any carpenter, stone mason or alleys not to be used for other person, to use or occupy any street, lane or alley in the said city, for the purpose of framing timber, or for cutting, sawing or dropping stone, unless by permission of the Common Council of said city, and Penalty. all persons offending against the provisions of this section, on conviction thereof before the Recorder's Court, shall pay a fine not exceeding twenty-five dollars for every such offence. No obstruc- SEC. 13. It shall not be lawful for any person to leave any cart or tions to be left in the carriage or sleigh, wood, timber, or any other incumbrance or obstrucstreets at night. tion, in any of the lanes or alleys of the said city, during the night season, and any person offending herein, on conviction before the Recorder's Court, shall pay a fine not exceeding twenty dollars, and it shall be the duty of the Marshal to remove all such obstructions. Rate of SEC. 14. No person or persons shall run or race any horse or driving. horses, or drive any carriage or vehicle of any kind within the limits of the city of Detroit, at a faster rate than six miles per hour, under a penalty for each offence not exceeding ten dollars and costs. Cattle. SEC. 15. It shall not be lawful for any person to drive, herd together, or detain in any of the streets, lanes or alleys of this city, any cattle, horses, sheep, hogs or goats, for any purpose whatever, under a penalty for each offence, not exceeding twenty dollars and costs: Prozvided, That this section shall not extend to sales at auction, under the laws of this State. Stud horses, SEC. 16. NO person shall display and detain for public exhibition, penalty for displaying. in any of the said streets, lanes or alleys, any stud horse, under a penalty for each offence not exceeding twenty dollars and costs. Flying kites SEC. 17. No person or persons shall raise or fly any kite in any of prohibited. the streets or alleys aforesaid, or within the limits of the said city, under a penalty for every offence not exceeding twenty dollars and costs of prosecution. Earth not to SEC. 18. No person or persons shall, unless authorized specially be removed from streets. by the Common Council, dig, remove, or carry away any earth, loam, OF THE CITY OF DETROIT. 47 sand, gravel or sod, from any of the public grounds within the limits TITLE III. CHAPTER 14. of the city of Detroit, under a penalty for each offence not exceeding fifty dollars, with costs of prosecution. SEC. 19. In all cases where any hired servant, apprentice or minor Parents and employees shall be guilty of any breach of the foregoing sections, the master, iablefor ccermistress, employer, parent or guardian of such person so guilty, shall be responsible for the aforesaid penalty. SEC. 20. That the Marshal and all the Constables of this city are Marshal and constables to required and directed to notice all infringements of this chapter, and arrest under forthwith to arrest and bring before any member of the Common Council all persons guilty of any breach thereof, who shall thereupon give sufficient bail for their appearance at the ensuing term of the Recorder's Court, or on default thereof, to be committed to custody until the holding of said court. SEC. 21. It shall not be lawful for any person or persons to occupy Not lawful to occupy the any portion or part of the public streets or sidewalks with any tent, streets with shantees, &c. shanty, shop, table or building, wagon or cart, wheelbarrows and horses, for the retail sale of any liquors, groceries, cakes, pies or merchandise. And any person offending against the provisions of this section, shall, on conviction, be fined in a sum not exceeding five dollars and costs of prosecution; and it shall be the duty of the Marshal to remove such tent, shanty, shop, table or building, cart or wagon, as a public nuisance: Provided, Nothing in this section contained, shall be construed to interfere with the ordinances relative to markets or bakers supplying their regular customers. SEC. 22. It shall not be lawful for any person to have or keep for Vehicles not to block side an unreasonable time, any cart, wagon, dray or other vehicle, on any walks. of the crosswalks in any street or alley of said city, under a penalty for each offence not exceeding fifty dollars and costs of prosecution. SEc. 23. No person shall knowingly permit or suffer his property No nuisance permitted in to be and remain in any street or alley of said city, so as to become the streets. a nuisance, under a penalty for each offence not exceeding fifty dollars and costs of prosecution, together with the expense of removing such nuisance. NOTE.-This Ordinance has been nearly superseded by the following. 48 ORDINANCES AND BY- LAWS TITLE III. CHAPTER XV. CHAPTER 15. Relative to the use of Streets and Alleys. s't Comm'rs SECTION 1. That the Street Commissioners of the city of Detroit, to order the removal of or either of them, are hereby authorized to order any article or thing all obstructionsni whatever, which may encumber or obstruct any street or sidewalk in streets, side- walks, &c. said city, to be removed; and in case the same shall not be removed within twenty-four hours after notice to remove the same, to cause the To remove same to be carried or removed to such place as the Common Council enter comnd of said city may designate and provide for the purpose; and it shall plaint, be the duty of the said Street Commissioners, in case the said order is not obeyed, to complain of the person or persons who have placed or maintained said article or thing in said street, or upon said sidewalk. To order the SEC. 2. The said Street Commissioners, or either of them, are removal of step-stones, hereby authorized, whenever they shall deem it proper, to order any fences, &c., w within a reasonable time. step-stone used for entering carriages, any railing or fence, any sign, sign-post or other post, any area, bay window, or other window, any porch, cellar, door, platform, stoop or step, or any other thing which may encumber or obstruct any street, to be altered or removed therefrom, within such time as shall be reasonable and limited by said Street Commissioners, or either of them, when ordered by the Common Council. Notice to be SEC. 3. The order of direction, mentioned in the last preceding In wr section, shall be in writing, and shall be served personally, or by leavit at the house or place of business of the owner, occupant or person having charge of the house or lot in front of which such step-stone or other encumbrance may be. To enter SEC. 4. If any person, notified in accordance with the last prececomplaint. ding section, shall neglect or refuse to obey or comply with said notice, the Street Commissioner serving such notice shall complain of such person, and if upon said complaint said person shall be convicted, then said person shall be punished by a fine of not more than ten Penalty for dollars, or by not more than ten days' imprisonment, and in addition notice. thereto, shall be fined five dollars for each and every day from and after the time limited and appointed in said notice, until the same shall have been complied with. SEC. 5. All articles or things carted or removed, as is provided OF THE CITY OF DETROIT. 49 in the first section of this ordinance, shall be advertised by ten days' TITLE III. notice in the official paper of the City, and sold by the Street Corm- Ten days' notice of sale to missioner who so carted or removed them, and he shall retain so be given. much of the proceeds of said sale to pay the expenses of said cartage or removal, and sale, together with the cost of advertising, and six cents per day for every day that each cart load of said article or thing shall have remained in the place designated and provided by the Common Council, to which the same shall have been removed, and the balance, if any, of the proceeds of said sale, shall be paid to the Balance of proceeds of sale, after deCity Treasurer of said city, and shall be paid by him to such personductiag expenses, to be or persons as shall exhibit satisfactory proof of the ownership of such aid City articles or things sold as aforesaid; and each of said Street Commis- andhbeohim of property sioners shall keep a regular account of all such articles and things sold. sold by him as aforesaid, and shall once in each quarter account with Comm'rs to the Controller, under oath, for his receipts and disbursements under keep an account. this section. SEC. 6. All persons who may wish hereafter to erect balustrades Persons erecting balor balconies, extending beyond the line of and overhanging any street, to obtSain a permit. shall first obtain a permit so to do from the Common Council. Iron pMaterial to braces and railings shall be used for the construction of said balus- beusedin trades and balconies, and it shall be the duty of the Street Commissioner of the District to test the strength of said balustrades and balconies when built, and if he shall deem them unsafe and dangerous, he shall order the same te be removed, and the person erecting the same shall obey said order; any person who shall violate the provis- Penalty. ions of this section shall be punished by a fine not to exceed one hundred dollars, or by ninety days' imprisonment. SEC. 7. No person shall leave any wagon, cart, carriage, sleigh or Wagons, hor. any vehicle, standing or remaining in the public streets of said city, es, cfnot standing in the same not being in use at the time; no person shall leave any horse streets. or horses not sufficiently tied and fastened in any of the public streets of said city; no person shall race any horse or horses in the public Racing and streets of said city; no person shall drive any carriage, cart or vehi- forbidden. cle of any kind in said streets at a faster rate than six miles an hour; no person shall drive any horse or horses around a corner of any public street faster than a walk; no person shall display and detain for Stud horses not to be exexhibition any stud horse, in the public streets of said city; no per- hibitedin son shall place or stop his horse or horses, carts, carriage or other ve7 IO0 ORDINANCES AND BY- LAWS TITLE IH. hide upon any crosswalk in any public street of said city; no CHAPTER 15. Vehicles not person shall drive, or back, or lead any horse, or cart, or other to stop on crosswalks. wheel carriage, on the footpaths or sidewalks of any public street of said city; no owner or occupant of any store or house, shall permit or Carts, c., suffer any cart or other wheel carriage, to be driven or otherwise to driven on pass or go over and upon the footpath or sidewalk opposite and in front of said store or house, for the purpose of loading or unloading Penalty. said cart or other wheel carriage; and any person violating any of the provisions of this section shall be punished by a fine not to exceed fifty dollars, or by ninety days' imprisonment. Kites, mar- SEC. 8. No person shall raise or fly any kite in any public street bles, ten pins, _&c.'' of said city, or engage in any game of marbles, or nine or ten pins, Crowds in or ball or wicket. in said streets; no persons shall gather in crowds, streets. and stand upon or occupy the sidewalks of any public streets, so as Penalty. to obstruct or encumber the same; and any person violating the provisions of this section shall be punished by a fine not to exceed fifty dollars, or by not more than thirty days' imprisonment. Obstruction SEC. 9. No person shall cast or throw, or cause to be cast or thrown, of gutters, drains, &c. into any of the drains, gutters or sewers within said city, straw, shavings, wood, stones, rubbish, or any filth, or other substance, or cause any obstruction, nuisance or injury in and to the same, by diverting or stopping the water thereof, or otherwise; no person shall drain or cause or permit to be drained, any water, filth or mud, from any No person to drain into lot or cellar owned or occupied by him or her, into or on the surface public streets and alleys. of any street or alley of said city; no person shall throw, place or No filthy deposit, or suffer his or her servant, child or family, to throw, place substance to be thrown or deposit any dung, dead animal, carrion, putrid meat or fish, enin streets or alleys. trails, or decayed vegetables, slops, swill, dish water, or stinking, unwholesome or disgusting substance of any kind into any public street or alley of said city; nor shall said person knowingly suffer the same to remain in said street or alley, and the finding of the same in the front, rear or side of any lot, shall be _prima facie evidence that the same was placed there by the occupant or occupants of the lot; no No person to makpe ateo person shall make water, or deposit his or her excrement, in any pubin the public streets. lie street of said city; or erect, maintain or use any privy or backPrivies not to be built on house, on the line of and adjacent to a public street; and any person streets. Penalty. violating the provisions of this section, shall be punished by a fine not OF THE CITY OF DETROIT. 51 to exceed one hundred dollars, or by not more than ninety days' im- TITnLE II1 prisonment. SEC. 10. No person shall make any excavation in any of the pub- Excavations -when forlic streets of said city, for any purpose, between the fifteenth day of bidded, dwhen by whom. November and the fifteenth day of April, in each year, unless by special leave granted by the Common Council; and no person shall make any excavation in said streets at any other time in said year, without the written permission of the Committee on Streets, or said Common Council, and of the Street Commissioner of the District in which said excavation is to be made; and no excavation shall be made at any time unless the person or persons making the same, or causing the same to be made, shall erect a suitable guard or fence about such ex- Suitadbo be cavation, and shall, during the night time, cause lights to be attached lihtsthereon at night. and maintained to and upon such guard or fence, proper and sufficient to warn all persons passing by or near the same, or approaching the same, of the existence of such obstruction and excavation; and it shall be the duty of the Street Commissioner of the District to see that guards and s't Comm'r, duties of. lights are properly constructed and maintained. Any person violating the provisions of this section shall be punished by a fine not to eC- Penalty for neglect. ceed one hundred dollars, or by not more than ninety days' imprisonment. SEC. 11. No person shall tear up or remove any pavement or side- S't Comm'r, duties of in walk in any public street in said city, without the written permission pavemednt of the Street Commissioner of the District in which said pavement or sidewalk is situated; no person shall in any way injure or destroy said pavement, or pave any street in said city, unless with the consent and under the direction of the City Pavior or Common Council of itdyavior work. said city; the City Pavior shall receive for his services, from said person, such compensation as may be fixed by the Common Council Compensat'n of said city; and any person violating the provisions of this section Penalty. shall be punished by a fine not to exceed one hundred dollars, or by not more than ninety days' imprisonment. SEC. 12. No person shall make or construct any drain or sewer, Distance fr'm curb at which or lay down any water pipes in any of the public streets of said city, pipes, &c., are to be within at least four feet of the curb stone of the sidewalks, unless it laid down. shall be side drain, sewer, or water pipe leading to or from the lot or Exceptions. building for which it is designed, and connecting with some public sewer, water main or gas pipes, permitted to be laid and maintained in said 52 ORDINANCES AND BY-LAWS TITLE III. streets; and any person violating the provisions of this section CHAPTER 15. Penalty. shall be punished by a fine not to exceed one hundred dollars, or by not more than ninety days' imprisonment. Allexcava- SEC. 13. Whenever it shall be necessary for any person, with a tions to be repaired at view to construct or make any such drain or sewer, or lay down any of the persosmaking water pipes, or for any purposes whatsoever, to tear up any pavethe same. ment, side or crosswalk, or to dig any hole, ditch or drain in any of the public streets of said city, it shall be the duty of such person at his own expense, as speedily as practicable, to put all such pavements, sidewalks or streets in as good order as they were previously, and to pound down the earth from the bottom of any excavation he has made, solid, so that it shall present a firm surface, and as often as said earth shall settle, to pound and fill the same, until it shall finally be accepted and approved by the City Pavior, who shall be paid for his Penalty. services by said person; and any person violating the provisions of this section shall be punished by a fine of not more than ten dollars, or by not more than five days' imprisonment, besides being liable in any action at law to the City for any actual damage done. councilmy SEC. 14. No person shall place, or cause to be placed, any materito peermlt als for building in or upon any public street or alley of said city, building materials in without the permission of the Common Council; no person so buildstreet. ing shall obstruct the gutters, or more than one half of the sidewalk and one-quarter of the carriage way of said street opposite the lot owned by such person; no person thus occupying any street shall ocQuantity to cupy any portion thereof save a strip of the width. and opposite to be occupied by same. the frontage on said street, of the lot on which he is erecting any building; and after the completion of said building, the person erectRemoval of ing the same shall forthwith remove from the street all building marubbish, &c. terial, dirt and rubbish, arising therefrom, and shall put said street Penalty. in complete order, cleanliness and repair; and any person violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by not more than ninety days' imprisonment. Other ordi- SEC. 15. All ordinances or parts of ordinances contravening the eale. provisions of this ordinance are hereby repealed. repealed. provisions of this ordinance are hereby repealed. OF THE CITY OF DETROIT. 53 CHAPTER XVI. TITLE III. CHAPTER 16. Relative to Cleaning Streets. SECTION 1. The Committee on Streets and the City Controller Committee are hereby authorized to contract with the lowest bidder, who shall trolletrauthorized to propose to clean such portions of the paved or planked streets, sqcuares copntrtact with suitable peror alleys, as the corporation are liable to clean. stre clean SEC. 2. The said lowest bidder, or person contracting with the Such persons corporation as aforesaid, shall furnish satisfactory security for the security. performance of such contract, provided notice shall be published for one week, in the city paper, previous to receiving proposals for said work. CHAPTER XVII. Relative to Sidewalks. SECTION 1. That the following be established as the width of all Dimensions of sidewalks. sidewalks within the limits of the city of Detroit: Upon streets of one hundred and twenty feet and upwards in width, the sidewalks on each side of the street shall be of the width of twenty feet throughout, excepting Washington avenue, which shall be fifty feet; and also excepting that portion of Jefferson Avenue which lies between Beaubien street and the eastern line of the said city, which shall have on each side of said portion of said avenue, a sidewalk twenty-five feet wide; on streets of one hundred feet, the sidewalks shall be seventeen feet; on streets of eighty or ninety feet wide, the sidewalks shall be fifteen feet wide; on streets of seventy or seventy-two feet, the sidewalks shall be fifteen feet; on streets of sixty feet, the sidewalks shall be ten feet; on streets of fifty feet, the sidewalks shall be nine feet; and on streets of forty feet, the sidewalks shall be eight feet. SEC. 2. No person or persons shall place or cause to be placed Noobstructions to be upon any of the sidewalks of this city, any box, barrel, article of placed upon merchandize, or other obstructions whatsoever, except so far as the same be necessary and unavoidable in transporting such articles across the sidewalk; nor shall any person be allowed to place or cause to be placed on any stone pavement or flagging within the limits of said city, (except for the purpose of transporting the same across said 54 ORDINANCES AND BY- LAWS TITLE IIt. walk,) any barrels, kegs or boxes of salt, or of any other substance or CHXPTER 17. material, by which said pavement or flagging may in any wise be inPenalty for jured, defaced or destroyed, under a penalty of twenty dollars for so doing. each offence. Marshal to SEC. 3. It shall be the duty of the Marshal, upon knowledge or require persons to re- information that any of the sidewalks of the city are in any manner move obstructions. obstructed or encumbered, to require the occupant or occupants, owner or owners, of the lot or premises in front of which such encumbrance exists, to remove it; every such occupant or owner neglecting for the space of twenty-four hours to comply with such requisition, and every person wilfully offending against this section shall, on conviction thereof, be punished by fine not exceeding twenty-five dollars and costs. When Mar- SEC. 4. It shall be the duty of the Marshal to remove all obshal shall remove ob- structions from the sidewalks in front of unoccupied lots or premises. Awning posts SEC. 5. The restrictions above written shall not extend to posts permitted. for awnings, shade trees, or the boxes to protect them, which are now standing, nor ladders which are necessarily used in the building or repair of houses, nor be construed to affect the ingress and egress to and from the yards of houses across said walks, unless otherwise ordered by the Common Council. liorses to be SEC. 6. Except for the purposes of ingress and egress, no person kept off walks. whatever shall drive, ride or lead any horse, cart or carriage of any kind on any of the sidewalks within this city, under a penalty not exceeding ten dollars for each offence, and being liable to repair and make good all damages caused by him or them; and if the party offending herein shall neglect to get the same repaired within twentyfour hours after the damage, it shall be the duty of the Overseer of Highways for the District to get said repairs made, and the expenses attendant thereon, with a sufficient recompense to the Overseer, shall be recovered of the party offending, in the same manner as the said penalty. Sidewalks SEC. 7. From the first day of April to the first day of November and gutter to be cleaned. in each year, every owner or occupant of any house or lot in any of the streets in which the sidewalks are now made or which shall hereafter be made (excepting such lots whereon buildings may be erecting, and on which materials for building are laid,) shall cause the sidewalk as well as the gutter to be swept, or otherwise cleaned, on OF THE CITY OF DETROIT. 55 every Saturday during the period aforesaid, under a penalty of one TITLE I1. dollar for every omission. SEC. 8. The Mayor shall from time to time appoint so many per- Mayor to appoint persons sons as he may think proper, who shall exclusively have the right and to clean enjoy the emoluments of cleaning on each Monday, or as soon thereafter as is practicable, such parts of the sidewalks and gutters as shall not have been cleaned on the previous Saturday; and the Mayor sta11 designate to each person so appointed, what part of the city it shall be his duty to attend, for the purpose aforesaid. SEC. 9. In case the owner or occupant of any house or lot shall To be clean'd at the exneglect to sweep or otherwise clean such sidewalks and gutters on the penst of ocday directed by this chapter to be done by him or her, it shall be law- owner. ful for the person or persons whom the Mayor shall appoint for that purpose, on every succeeding Monday to sweep or otherwise clean such sidewalk and gutter, and for which he shall be entitled to demand twenty-five cents from the owner or occupant of such house or lot, who, on paying said sum, shall be exonerated from the payment of the penalty incurred as aforesaid; but if the said owner or occupant of any such house or lot shall neglect or refuse to pay the said twenty-five cents to such person appointed, it shall be the duty of the Mar. shal immediately thereafter to cause such owner or occupant to be prosecuted for the penalty aforesaid. SEC. 10. The owner or occupant aforesaid shall cause the side-Snow to be walks fronting their respective premises, between the first day of No- from walks. vember and the first day of April, to be kept free and clear from snow and ice, by sweeping or otherwise removing the same, within twentyfour hours after the said snow shall have fallen, or the ice formed, and in case of any omission, the same penalty shall attach, and the same remedy be applied, as is provided in the preceding sections for sweeping and cleaning the sidewalks and gutters. 56 ORDINANCES AND BY-LAWS TITLE III. CHAPTER XVIII. CHAPTER 18. Relative to Awning and Sign Posts. Posts fortele- SECTION 1. No post, except for the purpose of supporting awning graphs, &c., to be put up or telegraph wires, or hitching horses, shall be erected or put up in under the Sectiomm r. any paved street, road, lane or alley of the city of Detroit, unless under the direction of the Street Commissioner, under a penalty of five Penalty. dollars, in the discretion of the Court, and costs of prosecution, for each offence. No wooden SEC. 2. No wooden post, for the purpose of supporting any awnposts allowed in certain ing, shall be erected, or placed upon or before any paved street, lane, places. road or alley in this city, under a penalty of ten dollars, in the disPenalty. cretion of the Court, and costs of prosecution, for each day such post shall be suffered to remain, after notice to the owner or occupant of the premises from the Mayor, Committee on Streets, Street Commissioner or Marshal, to remove the same. SEC. 3. All posts erected or fixed in any paved street, lane, road Awning posts on or alley, for the purpose of supporting any awning, shall be of iron, paved streets awinirn and howmade and of a uniform stle, to be made after a certain pattern to be kept in the office of the Street Commissioner, and approved by the Common Council; and such posts shall be placed next to and alongside of the curb stone, and be not less than eight feet in height, or of such height as may be determined on by a resolution of the Common Council. Nor shall any person or persons, place or cause to be placed, or suffer to remain across any of the sidewalks within the limits of the city, (except as hereinafter provided in section 4,) rails, or strips of boards, or bars, connecting any posts placed alongside the curb stones, with buildings, or any posts, or erection, by the side of any building or buildings, from which any awning or awnings may be suspended, on which to roll up such awnings, or for any other purpose, unless the Penalty. same be removed when the awning is taken down. Any person violating the provisions of this section, shall pay a fine of not more than ten nor less than three dollars, in the discretion of the Court, and costs of prosecution, for each day he shall so offend. SEC. 4. No person shall place, or cause to be placed, any rails or Rails connecting awn- bars connecting said iron posts with buildings, except so far as may ing posts with build- be necessary to brace said posts, under the supervision of the Street ed. Commissioner, and said rails or bars shall be removed when the awn OF THE CITY OF DETROIT. 57 ings are taken down, under penalty of five dollars for each offence, TITLE III. and costs of prosecution. Penalty. SEC. 5. No portion of any awning, cloth or canvass used as an Awning cloths not to awning, shall hang loosely down from the same, within eight feet of hang. the sidewalk or crossing, under a penalty of ten dollars, in the discretion of the Court, and costs of prosecution, for each day that the pro- Penalty. visions of this section shall be violated. SEC. 6. No person shall place or cause to be placed, or shall sus- Certain obstructions pend or cause to be suspended, from any house, shop, store, lot or prohibited. place, over any street, any sign, lamp, goods, clothes, wares and merchandise, or wares or any other obstructions whatsoever, except frames for the support of awnings, so that the same shall extend or project from the wall or front of such house, shop, store, lot or place, more than three feet towards or into the street. No canvass, for the purpose of an awning, shall hereafter be erected or suspended from any store, house, building or lot, along side of, or adjacent to any paved street, lane or alley, unless the same shall be of sufficient length to project from the front of the building to the outer curb stone of said walk, under a penalty of ten dollars, in the discretion of the Court, Penalty. and costs of prosecution, for each violation of the provisions of this section. SEC. 7. No person shall lay or place, or cause to be laid or plated, Certain articles not to be any coal, wood, merchandise, box, barrel, or other obstruction, upon placed lupon any sidewalk or crossing, unless for the purpose of removing the same into or out from some store, shop, house, lot or place, and then the same shall not remai% upon such sidewalk or crossing for a longer time than six hours, under a penalty of ten dollars, in the discretion of the Court, and costs of prosecution, for each violation of the provisions of this section. CHAPTER XIX. Relative to Digging Cellars. SECTION 1. It shall not be lawful for any person to make and keep How cellars open in the front of any building on the line of the streets, any exca- may be dugB vations for cellars, doors, windows, or areas to any cellar or basement story, of a greater width, including the front wall and ashlar, than 8 58 ORDINANCES AND BY- LAWS TITLE ITTl seven feet, in streets of the breadth of one hundred feet and upwards, CHAxPTfu 19. or of a greater width than one-third of the breadth of the sidewalks, as established by the existing ordinances of the said city in all other streets. Areas to be SEC. 2. It shall be the duty of the owner of any building in the closed while ellars reu. front of which any excavation or opening shall be made, or if such owner be a non-resident, of his agent or attorney, and also of the person or persons contracting or undertaking to execute the same, to cause such excavation to be well secured by a railing or covering, to the satisfaction of the Mayor, Recorder, or any of the Aldermen of the said city, during the prosecution of the work, and within thirty days after the completion of the same, to cause such excavation or When finish- opening to be secured by a substantial and permanent railing or ened to be closedper- closure. and all persons offending against the provisions of this chapter hereinbefore contained, on conviction thereof before the RecordPenalty. er's Court, shall pay a fine not exceeding fifty dollars for every such offence. Cellars in SEC. 3. It shall not be lawful for any person to dig or cause to be lanes, direc- on tion forde dug, or to keep open, any cellarway or other opening in any lane or digging. alley excceding the width of three feet from the outer line or side of such lane or alley, and it shall be the duty of the person digging or causing to be dug such cellarway or opening, within five days after commencing the same, to cause it to be completed and secured with a substantial hatch or covering, laid even with the surface of said lane or alley, and all cellarways or openings already made in any lane or alley, shall be secured in like manner; and all persons offending against this section of this chapter, on conviction thereof before the Recorder's Court, shall pay a fine not exceeding twenty-five dollars for every such offence. Excavations SEC. 4. All excavations or openings in any of the streets, lanes or not in accordance with alleys for the purpose aforesaid, which shall not be secured by a railthis chapter usances. ing, hatch or covering as hereinbefore directed, or which shall hereafter be made or dug, contrary to the provisions and the true intent and meaning of this chapter, shall be taken and considered to be a common nuisance, and may be abated by order of the Mayor or Common Council of the said city at the expense of the said person or persons causing or suffering the same to remain. SEC. 5. It shall be the duty of any person or persons taking up OF THE CITY OF DETROIT. 59 any pavement or sidewalk, or causing the same to be done in any CTTLE M.j: street, lane or alley, for the aforesaid purposes, to replace and repair Pers ns taking up so much of the said pavement or sidewalk as is not included in said pavements excavation or opening for cellar doors, windows or areas as aforesaid, same. in as good order and condition in all respects as they were in previously; and in case of the neglect or refusal of the person or persons whose duty it shall be to replace and repair the same, so to do, the said pavements or sidewalks may be replaced by order of the Mayor or Common Council of the said city, at the expense of the person or persons refusing or neglecting as aforesaid. CHAPTER XX. Relative to Numbering Buildings. SECTION 1. Whenever the Common Council shall, by resolution, direct the public streets or avenues, or any part of said streets or av- Dn1mbpoed when Counenues, to be numbered, said streets or avenues shall be numbered as dilrht. hereinafter provided, and the owners or agents of the said buildings or premises so directed to be numbered, lying alongside said streets or avenues, shall pay the costs of numbering the same; and any owner or agent refusing or neglecting to have his premises or buildings so numbered, whenever a public street or avenue is directed to be numbered as aforesaid, such person or persons shall, for every such offence, on conviction before the Recorder's Court, forfeit a sum of five dollars enal and costs of prosecution. SEC. 2. That the numbering on Jefferson avenue, Woodbridge How num. street, and Atwater street, commence at the western termination of bered. each of said streets, and that the numbers one, three, five, seven, &c., be used on the left hand of each of said streets, and the numbers two, four, six, eight, &c., be used on the right hand of each of said streets, and proceed easterly as far as it may from time to time be deemed necessary or expedient. SEC. 3. That on all streets parallel to Jefferson avenue, the num- Idem. bering shall commence where such street crosses Woodward avenue, and proceed easterly and westerly, as far as necessary, using the odd numbers one, three, five, seven, &c., on the left, and even numbers, 60 ORDINANCES AND BY-LAWS TITLE M.; two, four, six, eight, &c., on the right hand side of each of said CHAPTERI 21. streets. Idem. SEC. 4. That on Woodward avenue, and all streets running parallel to it, the numbering shall commence at the channel of the Detroit river and proceed northerly as far as may be required, using the numbers one, three, five, seven, &c., on the left, and the numbers two, four, six, eight, &c., on the right hand side of each of said streets respectively. Vacant lots SEC. 5. That whenever there are vacant lots along the line of how numbered. said streets, one number shall be allowed to every twenty feet of such vacant lot. CHAPTER XXI. Relative to Wharves. To be keptin SECTION 1. It shall be the duty of the owner or owners, occupant repair. or occupants, lessee or lessees, of any of the wharves of this city, bordering upon the Detroit river, and which are not fenced in, or otherwise enclosed, so as to prevent the passage of travelers or others over or across them, to keep the same in good order and condition; and whenever any of the plank, boards, timber or other materials composing or forming a part of any of the wharves of said city, shall from any cause become loose, or be removed, or whenever any of said wharves shall in any manner, and from any cause whatever, be out of Marshas to repair, it shall be the duty of the City Marshal to notify either the notify to re- y pair. owner or owners, occupant or occupants, lessee or lessees, of any such wharf or wharves, to immediately replace and securely fasten the plank, board, or other material so removed as aforesaid, or otherwise to repair such wharf or wharves as to the Marshal may seem necessary: Provided, That the notice so to be given may be either a verbal or written notice, and may be given by either of the Constables, or by the Mayor, or any of the Aldermen, or other officers of the city; and if a written notice, it may be either served personally upon, or left at the place of business or residence of, the person or persons notified. Penalty for SEC. 2. In case the person or persons so notified, as provided for otrepairing. in the preceding section, shall neglect for twenty-four hours after such OF THE CITY OF DETROIT. 61 notice, to comply with the requisitions thereof, he, she or they shall, TITLE.III. on conviction thereof before the Recorder's Court, be liable to a fine of not less than five, nor more than fifty dollars, for each and every day he, she or they shall neglect to comply with the requisitions of said notice. CHAPTER XXII. Relative to the Stationing, Anchoring, and Mooring of Vessels in the Detroit River. SECTION 1. That the Marshal of said city shall be, and hereby is, Marshals and assistants made Dock Master of said city, for the purpose of directing the sta- Dock Mastioning, anchoring and mooring of vessels, agreeably to the provisions of this ordinance, within said city; and all policemen, assistant marshals, constables, or other officers appointed and paid by the city to serve, and stationed on any of the docks of said city, shall, at their respective stations, enforce the provisions of this ordinance. SEC. 2. No steamboat or vessel of any kind shall stop at or use Steamboats and vessels how long to any public wharf in said city for a longer space of time than one remain at hour, nor shall any person land from said steamboat or vessel, or place public wharf. upon any public wharf aforesaid, any article or thing, unless for the purpose of being immediately transported from said wharf to some other place; and if any article or thing so landed or placed upon said wharf shall remain there for the space of fifteen minutes after the Goodslanded to be immesame was so landed or placed on said wharf, the person so diaotelyre landing or placing the same on said wharf, and the owner, agent, captain, master, or any officer or employee of said steamboat or vessel, who actually landed, caused or directed to be landed, on said wharf, said article or thing, shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. SEC. 3. No person shall land or place upon any public wharf in Certain articles not to be said city any fire-wood, stones, brick, building materials, lime-bed, lo- lahnded comotives, cumbrous or heavy castings, or any material or thing calculated to injure or obstruct said wharf; and any person violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. SEC. 4.. No steamboat or other vessel shall load or unload cargo, 62 ORDINANCES AND BY-LAWS TITLE. or lay out or receive ballast, or careen or be careened for repairs at Vessels, &c., any public wharf; and any person violating the provisions of this not to repair hatublic section shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. City officers SEC. 5. The officers mentioned in the first section of this ordito remove landed, and nance are authorized, whenever any article or thing is landed on any be placed in charge of public wharf of said city, contrary to the provisions of this ordinance, to remove such article or thing to a place to be designated by the Common Council, which said article or thing shall remain in said place, in charge of the Street Commissioner of the district in which said article or thing was found, who shall receipt for the same to the officer bringing the same to him, and said article or thing shall be sold, and the proceeds of said sale disposed of and accounted for in the same manner, and the same costs and charges collected thereon, as is provided in regard to the sale of certain articles by section five of an ordinance relative to the use of streets and alleys. herestet'm- SEC. 6. No steamboat or any other vessel shall anchor within one vessels to anchor. hundred feet of any wharf in said city; and if any person having charge of a steamboat or vessel shall anchor the same nearer to any wharf than one hundred feet, the said person shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to Proviso. exceed ninety days: Provided, always, That nothing herein contained shall be construed to prevent any vessel from laying alongside of any dock with the consent of the owner of said dock. Marshal and SEC. 7. The officers mentioned in the first section of this ordiofficers may board vessels to enforce nance are hereby authorized to board any vessel or steamboat in the this ordinance. waters of the Detroit river, and within the limits of said city, which may be violating the provisions of this ordinance, and to order any person on board of, and having charge of said steamboat or vessel, either officer or seaman, to remove said steamboat or vessel, or otherwise to comply with this ordinance; and any person who shall neglect or refuse to obey said order, who shall obstruct, hinder, or resist said offi* cer in going aboard of said steamboat or vessel, or who shall take off, or attempt to take off, said officer in said steamboat or vessel, when he has boarded the same in conformity to the powers herein vested in him, shall, upon conviction thereof, be punished by a fine of not less than fifty dollars, nor more than two hundred and fifty dollars, or by imprisonment not to exceed one year. OF THE CITY OF DETROIT. 63 SEC. 8. Whenever the Marshal or any officer mentioned in this ITTLE IV. ordinance, shall receive a written or verbal complaint or information. Marshal or other officer or in any manner know of a violation of this ordinance, it shall be to visit the place on inthe duty of said Marshal or other officer forthwith to repair to the tfornati of of ordinance. place where such violation has occurred or is occurring, and to exercise any and every power vested in him to enforce this ordinance, and to complain of the person or persons guilty of said violation; and if said Marshal or other officer shall refuse or neglect to comply with the provisions of this section, he shall be punished by a fine of twentyfive dollars, or by twenty days' imprisonment. SEC. 9. This ordinance shall not be so construed as to prohibit Construction of ordinance vessels projecting in front of the foot of streets or public docks while as to vessels loading, &c. discharging or receiving freight or passengers from or on an adjoining dock or wharf. TITLE FOUR. OF DRAINS AND SEWERS. CHAPTER XXIII. Relative to public and private Drains and Sewers. SECTION 1. That no person or persons be permitted to con- Nolottobe drained withnect any drain from his, her or their premises, with any public drain out applicaor sewer, now made or constructed, or hereafter to be made or construe- Cotncilnnd payment of ted, in said city, nor with any private drain, whereby his, her or their assessment. premises will be drained into any public drain or sewer, except on previous application in writing to, and permission by, the Common Council, or Board of Sewer Commissioners, and the payment of the assessment hereinafter mentioned. SEC. 2. All private drains to be hereafter made by individuals in Council to any public street, lane or alley in said city, and connecting with any the size of drains and to public drain or sewer, shall be of such size, dimensions and materials, be entered under superand constructed and laid as directed by the Board of Sewer Commis- giee on6ewer Comsioners, and shall enter such public drain or sewer under and ac- missioners. cording to the personal supervision and direction of their Engineer, 64 ORDINANCES AND BY- LAWS TITLE IV. nor shall any person or persons enter any public drain or sewer at CHAPTER 23. any other places than those designated and fixed for that purpose in the construction thereof. Assessment SEC. 3. The amount which individuals using, or being benefitted for draining cellars. by any public drain or sewer, shall pay for such use, is hereby fixed as follows, to wit: the sum of one dollar and fifty cents annually, for each cellar drained by box directly or indirectly into any public drain or sewer, which assessment shall be taken to include all other drainage of the premiscs to which said cellar especially belongs; and the sum of fifty cents annually for each lot or subdivision of lot being without a cellar, drained by box, as aforesaid, into any public drain or sewer; and such sums as may be fixed by the Common Council for all establishments requiring an unusual or extraordinary amount of drainage, drained as aforesaid, upon actual inspection of, and report thereon by the assessors. When to be SEC. 4. That said assessment shall in all instances be paid when paid. the city and school taxes are collected. Persons s- SEC. 5. Any person whose premises are drained directly or indito assessment rectly, into any public drain or sewer, or any person using said premises thus drained, or for whose benefit or family the same is used, shall be liable to the payment therefor, and in addition said assessAssessment ment shall become, and be a charge and lien on the premises thus lien on lots. How collect- drained, and be recovered, and the same proceedings had in every ed. respect for the recovery thereof, as are provided for the recovery of other special assessments, and the corporation may also, at their opDrain may be tion, stop such private drain, and prevent any person from draining cut off. his premises into any public drain or sewer, where such assessment shall not be paid in advance, on the second application, and said privilege shall not be restored unless on the payment of the tax and a forfeiture of double the amount of the assessment. Penalty for SEC. 6. Any person who shall remove any grate from the pool, drain. over which it is placed, or in any way, directly or indirectly, injure any public drain or sewer, or any part thereof, shall, on conviction thereof before the Recorder's Court, be liable to a penalty for each offence, not exceeding one hundred dollars and costs. Penalty for SEC. 7. Any person who shall connect any drain from his premconnecting with drains ises with any public drain or sewer, or who shall drain his premises without per-ublic drain or sewer, mission. into any private drain which enters into any public drain or sewer, OF THE CITY OF DETROIT. 65 without first making the application, procuring the permission and TITLE I; paying the assessment, provided for in the first section of this chapter, shall, on conviction of each offence before the Recorder's Court, be liable to a penalty not exceeding one hundred dollars and costs; and any person who shall construct and lay any private drain, connecting with any public drain or sewer, or who shall enter any public drain or sewer, in any other manner except as is provided for in the second section of this chapter, shall be liable for each offence, on like conviction, to a penalty not exceeding one hundred dollars and costs; and any person who shall enter any public drain or sewer at any other rato enter place than is designated and fixed for that purpose in the construction thereof, shall be also liable to pay for each offence, on like conviction, a penalty not exceeding one hundred dollars and costs; and if any person shall drain his premises along the side of any public drain or Drain notto sewer, he shall also be liable to pay a penalty not exceeding one hun- be placed by public drain. dred dollars and costs, on like conviction: Provided, That this section. shall not be construed to extend to any case where a private drain has heretofore been laid down along the side of any public drain or sewer; but such private drain shall not be repaired by any person without having received from the Common Council, or some authorized officer of said city, a certificate that such repair will not endanger the safety and preservation of any public drain or sewer along the side thereof. SEC. 8. That no person be permitted to connect any drain from When sewers may be enhis premises with the grand sewer, nor enter the same between the tered. first day of December and the first day of April in each year, and any person offending against this section, shall, on conviction of such offence before the Recorder's Court, be liable to pay a fine of one hundred dollars and costs. SEC. 9. That all drains now made and constructed, or which shall What drains hereafter be made and constructed by the corporation, shall be deemed are pubic. to be public drains or sewers within the purview of this chapter; and all sums of money received under the provisions of this chapter shall be stated and kept in a separate account, and are hereby specifically pledged and appropriated to the following uses and objects, and no other, to wit: 1st, to defray the expense of indispensable repairs nowsewer assessments of existing sewers; 2d, to defray the cost of additional public sewers to be approand their repairs; 3d, to apply on the interest of the city debt ac9 66 ORDINANCES AND BY- LAWS TITLE IV. cruing on account of the cost of construction and maintenance of CHAPTER 23. such sewers. How sewer SEC. 10. The assessment provided for in this chapter shall be assessments lyected co collected in the manner prescribed by the chapter "relating to the collection of special assessments," the provisions of which are made applicable hereto, except that the time of the warrants and provision of percentage shall be made to correspond with the terms of the warrants and the provisions for percentage in the collection of the city and school taxes. Private Dr'ains. certain por- SEC. 11. That no person be permitted to connect any drain from tion of expellse to be his, her or their premises with any drain or sewer made by one or connection withedrais. more individuals in any street, lane or alley as aforesaid, unless on payment to the proprietors of such drain or sewer of a rateable proportion of the expense of making the same, the amount to be ascertained and determined by the Marshal or Surveyor, with the right of appeal to the Common Council; nor shall any person make or construct a sink, drain or sewer leading into any other drain or sewer, without putting a sufficient strainer at the head of it, under a penalty not exceeding ten dollars and costs, for each offence. SEC. 12. Every person having any drain from his, her or their How expainrse asofer- premises, that shall be connected with any drain or sewer now made, or that shall hereafter be made as aforesaid, shall pay a rateable proportion of all expenses necessary for maintaining and keeping such drains or sewers in repair, such proportion to be ascertained and determined in the manner provided for in the foregoing section, and if any person shall neglect to pay the same, when so ascertained, such Penalty. person shall forfeit and pay the sum of two dollars and costs, for every week during which the same shall remain unpaid. Marshalto SEc. 13. In all cases where drains or sewers shall be obstructed notify persons to re- SO as to become, in the opinion of the Marshal, a nuisance, it shall be his duty to give notice to the persons using the same, to repair such drains or sewers, and if the same be not forthwith repaired, it shall be the duty of the Marshal to cause the necessary repairs to be made, and to charge the said persons with a rateable proportion of the expense incurred, including a reasonable allowance to the Marshal for his own services, subject to an appeal, to the Common Council, as is provided in the tenth section; and all such appeals shall be made OF THE CITY OF DETROIT. 67 within the time in which such person is required to pay the sums TITLE IV. CHAPTER 24. above required; and if any person shall refuse or neglect to pay their Proceedings in case of proportion of the charges for the space of ten days after notice, he or neglect. they shall be liable, upon conviction before the Recorder's Court, to pay a fine not exceeding fifty dollars, and with costs of suit. SEC. 14. No connection with public or private sewers or drains Noconnection to be shall be made under the provisions of this chapter, until the Surveyor made until shall have designated the grade therefor, under the penalty of twenty ascertained ~~~~~~~~~~~~~~~~~dollars. ~~~the grade. dollars. CHAPTER XXIV. Relative to Lateral Sewers or Drains. SECTION 1. That the Common Council may, by resolution, direct Com. Coun. may order the construction, cleansing or repair of lateral sewers or drains through latalsewers to be built, or in any streets or alleys, or the construction, cleansing or repairs of &c. drains from any house, yard or lot, when, in their opinion, the same shall be necessary. Such drains or sewers to be built of such materials as the said Common Council shall direct, and be laid or constructed in such direction, of such size and width, such descent, and with such strainers or grates as said Common Council shall direct. SEC. 2. Whenever the Common Council shall direct, as aforesaid, City Surveyor to assess the construction, cleansing or repair of any lateral sewer or drain, as the expense provided for in section one, it shall be the duty of the City Surveyor repairing, &c to assess the expense of constructing, cleansing or repairing the same, in a rateable proportion to the owners or occupants of all land or lots adjoining said street or alley; or to the owner or occupant of the land or lot through which such drain shall run. SEC. 3. The City Clerk shall cause the assessment rolls to be de- city Treasu'r to retain rolls livered to the City Treasurer, who shall retain them in his office for5 days in his office and rethe space of five days, from and after the date of such delivery; and ceivepay. during said period, any person assessed therein may pay the amount of his, or her assessment to the City Treasurer. Upon the expiration of the said period of five days, it shall be the duty of the City Treasurer to deliver the said assessment rolls, or a certified copy Controllerto issue warrant thereof, adding thereto all costs incurred in the premises, to the Con- forcollection. troller, who shall issue a warrant under his hand and the seal of the 68 ORDINANCES AND BY-LAWS TITLE IV. city, directed to the City Collector of said city, with a command to CHAPTER 24. levy and collect all sums or assessments then remaining unpaid, with the costs and charges thereon, and five cents on the dollar for his services, by distress and sale of the goods and chattels of the person against whom said assessment has been made, or those who may be Collector to liable to pay the same; and further, commanding the City Collector within days to make returns to the Common Council within five days thereafter. Collector In SEC. 4. Upon receiving the assessment roll, or a copy thereof, and case of neglect and re- warrant, it shall be the duty of the City Collector to proceed to defusal,to make a levy and mand and collect the several sums mentioned therein, and if any persale at public auction. son shall neglect or refuse to pay the same, then, if he can find any goods or chattels of the person liable therefor, he shall levy thereon, and shall proceed to sell such goods and chattels at public auction, to the highest bidder, and shall render the surplus, (if any,) after deducting costs and charges, of such distress and sale, to the person entitled thereto. Onlypersons SEC. 5. No parties, except those embraced in the said assessment named in roll to make con- roll, shall connect with any such lateral sewer or drain, without pernections ex- I cept by per- - miPstsionofC. mission of the Common Council, and without payment to the City Council. Treasurer of such sum or sums as the City Surveyor shall decide it to be right and proper for them to pay; and any person or persons who shall violate this section, shall be prosecuted before the RecordPenalty. er's Court, and fined not to exceed ten dollars and costs of prosecution, and the amount so decided upon by the Surveyor, shall also be recovered before said Court. Lots suffi- SEC. 6. Whenever any lot or premises subject to assessment,'unciently drained to be der and by virtue of this ordinance, shall, in the opinion of the Comexempt. mon Council, be already sufficiently drained by a private drain or sewer, said lot or premises shall not be assessed for any of the purposes for which an assessment is provided by this ordinance: ProPoviso. ded always, That it shall be the duty of the owner or occupant of said lot or premises to inform the Common Council of the fact that said lot or premises are so drained in the manner hereinafter provided. CityClerkto SEC. 7. Whenever an assessment shall be ordered to be made untcbl"n o - der this ordinance, it shall be the duty of the City Clerk of said city mentbdas. to publish a notice for five days in the daily newspaper published by the contractor to do the printing of the city, which said notice shall OF THE CITY OF DETROIT. 69 state the fact that said assessment has been ordered by the Common TITLE IV. CHAPTER 25. Council, the purposes for which it has been ordered, and that said Common Council will, at their next regular meeting, after the expiration of said five days, permit any person whose lot or premises are liable to be included in said assessment, to show-to said Council that said lot or premises are drained in the manner set forth in the preceding section. SEC. 8. If the Common Council resolve that said lot or premises City Surveyor to omit are sufficiently drained by a private drain or sewer, the City Survey- lotsincertain or shall omit said lot or premises from said assessment. SEC. 9. All ordinances or parts of ordinances of the Revised Other ordiOrdinances of 1855, in contravention of this ordinance, are hereby pealed. repealed. SEC. 10. This ordinance shall take effect and be in force from and To take effect forthwith. after its passage. CHAPTER XXV. To define the Powers and Duties of the Board of Sewer Commissioners. SECTION 1. The Board of Sewer Commissioners shall annually, Board to elect Presidating from the time of their organization, elect one of their number dentannuPresident. SEc. 2. The Engineer of Sewers shall act as Secretary of said Engineer to Board, and shall, under the direction of said Board, superintend the taiy; his duconstruction and repairs of all public sewers or drains, and pools, and salary. sewers and drains built by special assessments. His salary shall be fixed by resolution of the Common Council. SEC. 3. Said Board, when specially authorized by resolution of Board may appoint inthe Common Council, may appoint such inspectors of work and other spectors. agents as may be required for carrying out the work committed to their charge by the charter and by this ordinance; which inspectors and agents shall receive such compensation for their services as the Common Council may allow or prescribe. SEC. 4. Said Board shall have the supervision of the construction General supervision of of all sewers hereafter to be built, whether they be built at the ex- sewers. pense of the city or by special assessment upon the individuals to be 70 ORDINANCES AND BY- LAWS TITLE IV. benefitted thereby, and of all repairs of sewers and pools hereafter to be performed, and are hereby fully authorized and empowered to enforce, or otherwise carry out all contracts for the building or repairing of sewers, drains and pools within said city. SEC. 5. Said Board shall, as soon as may be, submit to the ComBoard to submit plans to mon Council " a plan for constructing sewers and drains for the whole Council and report. city, having reference, however, to the sewers and drains already constructed or in process of construction," and shall, at the first meeting of the Common Council in February of each year, report to said Common Council what public sewers and drains they deem necessary to build in that year, and shall accompany the report with an estimate of the cost of each and all of said sewers, and of all the probable expenses of the construction of public sewers during the year then next ensuing. Councilto SEC. 6. The Common Council shall decide what public sewers decide on sewers to be and drains shall be built in said year, and shall, through the City built, &c. Clerk, notify said Board of their decision; and said Board shall, without delay, report to said Common Council an estimate of the cost of any sewer or drain which the Common Council shall thus order to be built, and which was not embraced in the estimate provided for in the Board toad- foregoing section; and shall proceed to advertise for proposals to vertise. build all the sewers and drains ordered to be built by the Common Council, under such specifications and forms as the said Board may deem necessary; which advertisement shall be published at least ten days in the newspaper published by the contractor to do the city printing, and shall state the time when and place where said proposals shall be received and opened; and shall require each party making a proposal to accompany the same with a statement in writing signed by at least two persons, who agree thereby to become sureties in an amount at least double the estimated cost of the work proposed to be performed, for the faithful performance of said work. Proposale SEC. 7. Said proposals shall be received and opened by said Board where opened. publicly in the office of the City Controller, and in his presence, and a copy of each proposal shall be recorded by the said City Controller, and also by the Secretary of said Board. Board to ex- SEC. 8. When said proposals shall have been received and opened amine proposale prop as aforesaid, said Board, together with the City Controller, shall proceed to examine the same, and determine who are the lowest respon OF THE CITY OF DETROIT. 71 sible bidders, possessing the qualifications required by the charter of TITLE IV. the CHAPTER 25. said city; whereupon the Controller shall communicate their determi- Controller to make statenation, together with all said proposals, to the Common Council, who ment to Council. shall consider said proposals and communication, and award the contract proposed to be performed to the lowest responsible qualified bidder, and shall return said proposals and communicate their decision to said Board. The said Board shall transmit the proper specifications of the work to be performed to the City Attorney, who shall draw a contract for the performance of said work in accordance with Attorney to draw consaid specifications and of the charter and ordinances of said city, tract. which said contract shall be signed on the part of the city by said Board, and attested under the corporate seal by the City Clerk; and Tobe attest-' ed by Clerk. shall, when executed, be placed in the keeping of said Board, whose duty it shall be to see that the contractor or contractors shall comply therewith. SEC. 9. Said Board shall certify to the amount due upon all con- Board to certify to all tracts, and for all materials furnished and labor performed in build- accourts for ing or repairing sewers and pools, and all bills and accounts thus certified for amounts so due shall be audited by the Controller, and presented by him to the Council, in the same manner as other bills and accounts against said city. SEC. 10. Said Board shall keep, or cause to be kept, an'accurate To keep record of prorecord of all their proceedings, which shall at all times be subject to ceedings and the examination and inspection of any citizen of said city, and shall, to mouncil. once in each year, or oftener, if required, submit to said Common Council a report of all their proceedings, with the names of their employees, and the total expenses of the construction and repairs of sewers and pools, since the last report, and such other information as they may deem necessary or as said Council may require. SEC. 11. Said Board shall not lay down or construct any sewer In certain cases may oror pool in said city, or purchase any materials, or enter into any con- der work to the amount tract, except as provided in this ordinance; and' except in case of any of $200unexpected casualty or damage to the sewers or pools of said city, in which case said Board may cause the same to be repaired to the amount of not exceeding two hundred dollars, and shall report their proceedings therein, and the necessity therefor, to the next regular meeting of the Common Council. SEc. 12. No connection shall be made with any public sewer or 72 ORDINANCES AND BY- LAWS TITpLr V. drain, except with the permission of said Board, and under the direcBoard to give tion of the Engineer, who shall, at least once in each month, notify permit for fy woithewer. the City Assessor of all such connections, made since the last notice; and any person connecting with any public sewer without such permission, shall be fined not to exceed one hundred dollars, or imprisoned three months, or both, in the discretion of the court. City Clerkto SEC. 13. The City Clerk shall supply the said Board with all nesupply stationery. cessary stationery. SEC. 14. This ordinance shall take effect and be in force from and after its passage. TITLE FIVE. OF MARKETS AND SALES. CHAPTER XXVI. Relative to Public Markets. Markets held SECTION 1. All public markets in the city of Detroit shall be held where Council shal de- in such places as the Common Council shall from time to time desigsignate. nate and license, and in no other. Mayor to SEC. 2. The Mayor shall, from time to time, issue licenses to so issue licenses to sell fresh many and such persons as the Common Council may direct, to sell meat. fresh meat in such places within the limits of the city, as may be designated in such license, but not elsewhere. Said licenses SEC. 3. All licenses so issued shall expire and cease on the first shall expire first Monday Monday of April after the granting thereof, unless sooner revoked by grathey arede the Common Council, and shall be renewed by the Mayor, under the direction of the Common Council, on application. Fifty dollars SEC. 4. For each license issued as aforesaid, the sum of fifty dol. to be paid for licenses. lars shall be paid or secured on the granting of the same, and a like sum for the renewal of the same. Shops where SEC. 5. All shops, cellars, stalls and other places, within the limfresh meat and fish are its of the city, where fresh meat and fish are sold, shall be under the OF THE CITY OF DETROIT. 73 supervision of the Clerk of the City Hall market, and subject to all TITLE V. CHAPTER 26. the regulations which are established by law, for the cleanliness and sold to be under the supervision good government of the public markets. of the Clerk of the Market SEC. 6. No person shall use or occupy, or cause to be used or oc- How stalls in markets to cupied, any stall or stalls in the public market house belonging to the be used and occupied. Corporation, unless he shall have paid for, or secured the payment for the same, as hereinafter provided, and when so paid, or the payment thereof secured, such person shall keep such stall or stalls well supplied with good and wholesome meat, to be sold therein. SEC. 7. The Common Council shall, from time to time, determine Common Council to the rent of all stalls in the public markets, and the said stalls shall be therents of stalls, and rented at the rate so determined, either by the year or for a term of stalls to be rented under years, (provided said term shall not exceed three years in all,) under the direction and Com'itee the direction of the Controller and Committee on Markets, whose on Markets. duty it shall be to let all stalls which are or are about to become vacant, to responsible parties, at the rent so determined by the Council: Provided, always, That persons renting stalls, who are not in arrears for the rent thereof, shall, upon the expiration of their terms, have the privilege of renting the same stalls for a further term, at the rate of rent fixed for the same by the Common Council, at the expiration of their terms. SEC. 8. Any person who shall rent a stall under the provisions of One fourth of rent to be the preceding section, shall pay the first quarter's rent thereof, in ad- paiidin advance, to the Treasurer, and shall give to the City adequate security, therest to be approved by, and filed with the Treasurer, for the payment of the rent of said stalls quarterly, in advance, during the term for which he has rented the same; and shall further enter into a written agreement, to be signed by him and by the Treasurer, stating the term for, the price at, and the conditions on which said stall is rented. SEC. 9. The market houses belonging to the Corporation shall be When markept open every day (Sundays excepted,) from daylight till the hour kept open. from time to time fixed by resolution of the Common Council, and not otherwise: Provided, The provisions of this section shall iot apply to markets other than belonging to the Corporation. SEC. 10. It shall not be lawful for any person or persons to sell Meats not to be sold exor expose for sale any fresh meat, (poultry and venison excepted,) in cept in marplaces desigany quantity, at any time, or in any building, or street, or other place nated by ~~~~~~~~~~10 ~~~~~~Council. I 0 74 ORDINANCES AND BY- LAWS TITLE V. whatever within the limits of this city, excepting in the stalls in the CHAPTER 26. respective market houses rented from the Corporation, according to existing regulations, and such other places as may be designated by the Common Council, as hereinbefore provided: Provided, That nothing herein contained shall prevent any person or persons from selling or exposing for sale in the streets, in the immediate vicinity of the public markets, or elsewhere, fresh meat by the carcass or quarter, according to the provisions of the next succeeding chapter of these ordinances, relative to sale of fresh meat by the quarter, within the bounds of the city of Detroit. Person s oc- SEC. 11. Every person occupying a stall in any of the public to keep a tub for offal, and markets, shall procure and place in such markets a suitable cask or to remove the offal one tub, in which he shall deposit, or cause to be deposited, the offals of hour after market closes all slaughtered animals, brought or caused to be brought by him, therein, and such person shall within one hour after the closing of the market house, remove, or cause to be removed therefrom, all such ofCertain hides fals as aforesoid; but no person shall bring, or cause to be brought not to be brkghtsto into any public market house, any hides or skins of slaughtered animals, except on calves, sheep, lambs or hogs. When sales SEC. 12. If any person who may have rented a stall from the may be out urs.rket Corporation, as aforesaid, shall, within the ordinary hours of business, make application to the Clerk of the City Hall market for the privilege of selling meat after the time the market house is required to be closed, and can satisfy the Clerk that it is for the sole purpose of supplying some boat or vessel about to sail from said city, or traveler about to leave the city in the cars, but in no other, the Clerk may grant such privilege. Allprovls. SEC. 13. All provisions opened or exposed for sale in said marions offered shall be kets shall be sound and wholesome, and of pure and good quality, and sound; if not seized and if otherwise, shall be seized, and the sellers or manufacturers therevenders punished. of, and each and every person engaged in such manufacture, shall be liable for each offence, to a penalty not exceeding one hundred dollars; and all weights and measures used in said markets shall be in conformity with the standard weights and measures regulated by the laws of this State; and any person who shall within the limits of said city, sell, or offer to sell, or exhibit for sale, any article which shall be deficient in the weight or measure for which he sells the same, or offers or exhibits the same for sale, shall, upon conviction before OF THE CITY OF DETROIT. 75 the Recorder's Court, forfeit a penalty of not more than one hundred ChAPTERV2 dollars and costs of prosecution. SEC. 14. Said markets, and a space of twenty feet without them Markets to be kept clean and adjacent thereto on every side, shall be kept clear during market and clear of hours, of carts, wagons, carriages, wheelbarrows and other vehicles, and of all animals and other obstructions whatsoever, and also of all offals and offensive substances of every kind; and all stalls and meat blocks and benches shall be within the said market houses and not elsewhere, and shall be kept clean: Provided, however, That this section shall not be so construed as to prevent the ordinary travel of the highway. SEC. 15. That within the space of twenty feet aforesaid, and Badconduct within said market houses, there shall not be any lewd, lascivious or ihibrkets. disorderly conduct, nor loud or boisterous noises made, nor any profane or vulgar language used, nor any act done or committed tending to a breach of the public peace, or to disturb the decorum of the place. SEC. 16. It will be the duty of the Clerk of the City Hall marDuty of CIerk ket, and he is hereby authorized and empowered to attend all said ofmarket to enforce the markets and enforce the due execution of the provisions of thisriosvcapterof in Recorder's chapter, and make complaint to the Recorder's Court, of each and court. every infringement of this chapter, and also to remove from the said markets all offensive substances or offals, and all obstructions before mentioned. SEC. 17. That the ground enclosed by a railing, beginning at the Vegetable market desigeast end of the City Hall, and extending along Michigan Grand ave- nated. nue to Randolph street, and all other yards, grounds or enclosures that have been or may hereafter be designated by said Common Council as places for holding vegetable markets, be, and the same are hereby declared public markets, and that the provisions of this chapter for the prevention of disorderly conduct, shall apply to said vegetable markets, and to a place twenty feet without them, and to the adjacent streets on every side. SEc. 18. All fresh fish, poultry, eggs, butter, fruits or vegetables What may be sold in vegeof any kind, may be sold within the limits prescribed in the next table market. preceding section of this chapter, or any grounds that have been or may hereafter be designated as vegetable markets, and on no other public grounds or streets in said city during the hours the market '76 ORDINANCES AND BY- LAWS TITLE V. houses are required to be kept open: Provided, That nothing herein CHAPTER 27. a contained shall prevent the sale of the above articles from wagons within the immediate vicinity of said vegetable markets. How vegeta- SEC. 19. All provisions or vegetables offered for sale at any of bles, &c., exposed;,if the public markets, shall be placed on stands elevated from the unsound, Crder them ground, in such a manner, and shall remain stationed at such place removed. or places as the Clerk of the respective markets shall direct, and if any of such provisions or vegetables shall be deemed by such Clerk to be unwholesome or unfit to be consumed or used, he shall order owners thereof to remove the same immediately from the public markets; and if such owner shall neglect or refuse to remove such provisions or vegetables as aforesaid, it shall be the duty of said Clerk to remove the same without delay. No public SEC. 20. No person shall use or occupy any public market house, market house to be used or any part thereof, but for the sale of meat, or cutting, or salting the save for sale of meat. same, except when permission shall have been obtained for that purpose, as hereinafter provided. Hucksters, SEC. 21. It shall not be lawful for any huckster, forestaller, groforestallers and grocers cer, or other person, to occupy the spaces on either side of the platprohibited from occupy- form extending back from the rear of he City Hall vegetable market, plcetsble for the purpose of vending any meats, butter, vegetables, fruits or market. other articles of merchandise previously purchased by them. Penalty for SEC. 22. If any person shall violate any of the provisions of this vIolations. chapter, he or she shall, on conviction before the Recorder's Court, for every such offence, be subject to pay a fine not exceeding one hundred dollars and costs of prosecution. CHAPTER XXVII. Relative to Forestalling. SECTION 1. It shall not be lawful for any person who follows the Forestalling defined, pro- business of huckster, forestaller, grocer or seller of any articles of hibited and shed.- provision at second hand, to purchase or offer to purchase, either personally or by his or her agent, within the limits of said city, during the hours the public markets are required to be kept open each day, any fresh venison, fresh fish, poultry, game of any kind, eggs, butter, OF THE CITY OF DETROIT. 77 fruit, or vegetables of any, kind, from any person bringing or having TITLE V. brought the same to said city for sale or barter. And the possession of any such article by any such huckster, forestaller, grocer, or other seller thereof, which may have been previously in the possession of any farmer or other person, within the limits of the said city, during the hours aforesaid, shall be deemed prima facie evidence of a violation of this ordinance. Any person violating the provisions of this ordinance shall be subject to a fine of not fmore than fifty dollars and costs of prosecution, to be recovered in the Recorder's Court. CHAPTER XXVIII. Relative to the Sale of MIleat by the Quarter. SECTION 1. The Common Council in session, or the Mayor in va- Personsmay cation, may hereafter license any person who is a resident of the State to lisensedt of Michigan, and of the age of twenty-one years, to buy and sell quarter. meat by the carcass or quarter, from shops, wagons, carts or other vehicles within the limits of the city of Detroit, upon the payment at the rate of one hundred dollars per annum, for each and every shop, wagon, cart or other uehicle to be used for that purpose, and that no license be granted for a less term than three months. SEC. 2, Every person so applying for such license, shall first exe- To give bonds. cute a bond to be approved by the Council, in the penal sum of two hundred dollars, conditioned that he will at no time offer for sale, or suffer to be offered for sale, any unwholesome meats of any kind or description, and that he will occupy such place or stand, in the vicinity of the market, or elsewhere, as shall be assigned to him by the Common-Council, and that he will preserve order about his shop or vehicle, while occupying such stand. SEC. 3. No person, unless licensed as hereinbefore provided, shall No person to hereafter peddle, sell, or offer for sale, from any shop, wagon, cart or sell by the quarter unother vehicle used for that purpose, in or about the markets of said lesslicensed. city, or in any of the streets thereof, any beef, pork, mutton, or other meats by the carcass or quarter, under a penalty not exceeding fifty Penalty. dollars for every such offence, to be recovered in the Recorder's Court, with the costs of prosecution: Provided, That it shall not be consid 78 ORDINANCES AND BY- LAWS TITLE V. ered a violation of the provisions of this section for drovers or others CHAPTER 29. to sell any such meat as aforesaid, either by the carcass or the quarter, to any or either of the regular butchers of the city occupying stalls rented of the city of Detroit, in either of the public markets of said city. Farmers not SEC. 4. The foregoing provisions shall not be so construed as to prohibited from sthellng apply to any farmer who shall offer for sale any meat which mayhave ter, when. been fatted and killed by him; but shall be applied only to such persons as may offer such articles for sale-the same having been previously purchased by them for that purpose; and for the purpose of a conviction under this chapter, the possession of such articles by such party shall be deemed prima facie evidence of such purchase. Droversnot SEC. 6. Nothing in this chapter contained shall be construed to to sell by the quarter. authorize any person following the business of a drover for a livelihood, to sell meat by the quarter, unless he shall be licensed under this chapter. CHAPTER XXIX. Relative to the Sale of Woodcock, d&c. When wood- SECTION 1. It shall not be lawful for any person to offer for sale, gocs, artid or sell within the limits of the city of Detroit, or bring into the city gesnot be sold. for the purpose of selling the same, or for any other purpose, any woodcocks killed between the first day of February and the first day of July in each year, or any quails, partridges or pheasants killed between the first day of March and the first day of October, in each year. Penalty. SEC. 2. Any person who shall expose for sale, or sell, or have in his possession for the purpose of selling the same, or for any other purpose, within the limits of said city, any woodcocks, quails, partridges or pheasants, killed within the periods specified in the first section of this chapter, shall forfeit and pay the sum of fifty cents for each woodcock, quail, partridge or pheasant, to be recovered in an action of debt before the Recorder's Court of said city, one half of which sum shall be paid upon recovery, to the Treasurer of the city of Detroit, and one half to the person who shall sue and prosecute therefor. OF THE CITY OF DETROIT. 79 CHAPTER XXX. TITLE V. CHAPTER 30. Relative to the Sale of Hay and Straw. SECTION 1. It shall be the duty of the Weighmasters, severally, Weigh master to weigh well and truly to weigh any cart, wagon, or sled load of hay, when hay iafinssue applied to by any person desiring the same, and make such reduction from the weight of said bay as to him may seem reasonable and just, by reason of said hay being damp, wet or not well cured, and deliver to the person so applying a certificate thereof, for which he may demand and receive of such applicant twenty five cents. SEC. 2. No person or persons shall sell or offer for sale any hay No haytobe sold unless iv said city, by the cart, wagon or sled load, unless the same shall have first weighed been first weighed in the manner above prescribed, and as soon as conveniently may be, after unloading said hay, the cart, wagon, sled, or other vehicle bearing the same, with all things and apparatus belonging thereto, at the time of weighing said hay, shall also be weighed; and the seller shall deliver unto the buyer the certificate given by the weighmaster, at the time of demanding payment for the hay so sold. SEC. 3. The purchaser or purchasers of any hay which shall have Purchaser may have been weighed in the manner above directed, may require and cause hay weighed. the same, as well as the cart, wagon, sled or other vehicle, bearing the same, to be weighed at his own expense, and the seller of such hay shall not refuse to let the same be so weighed. SEC. 4. All carts, wagons, sleds or other vehicles, loaded with hay How hay carts or other intended for sale, shall stand at, or adjoining the hay scales, in regu- vehicles to stand. lar order, one after the other, and in such manner as not to obstruct the centre of any street, and so as to leave access to any house or other building thereon open and unobstructed. SEC. 5. All the foregoing provisions of this chapter shall apply Provisions of this chapter relative to any straw sold or offered for sale in said city, except straw applied to straw. made up into bundles and sold by the bundle. SEC. 6. Any person offending against the provisions of this chap- Penalty. ter, shall be liable to a fine not exceeding fifty dollars and costs of prosecution for each offence. 80 ORDINANCES AND BY- LAWS TITLE V. CHAPTER XXXI. CHAPTER 31. Relative to Unwholesome Liquors and Provisions. No person SECTION 1. No butcher or other person shall sell or offer to sell shall sell diseased or within the limits of the city of Detroit, the flesh of any animal dying unwholeoreadflesh, otherwise than by slaughter, nor the flesh of any animal slaughtered drink. when diseased, nor any contagious or unwholesome flesh of any description whatsoever, nor any provisions of any description, except such as are sound, and of pure and wholesome quality; and no baker, brewer, distiller or other person, shall sell, or offer, or expose to sale, any unwholesome bread or other provisions, drink or liquors whatever; and any person offending in the premises shall, on conviction thereof Penalty. before the Recorder's Court, be fined in a sum not exceeding five hundred dollars, and the costs of prosecution, and be liable to be excluded from the public markets of this city, and from the exercise of his business, notwithstanding such person may have rented a stall or stalls in one or more markets, or paid a license; and it shall at all times be the duty of all the constables and other officers of this city to take notice of, and report all infractions of this chapter. Unsound SEC. 2. Atiy person who shall sell or offer for sale, or who shall sausages. aid in effecting any sale, or in the manufacture or preparation of sausages or other provisions, composed of bad, impure, decayed or unsound ingredients, shall be liable to the penalties in the foregoing section. CHAPTER XXXII. Relative to Sale of Goods at Auction. No goods to SECTION 1. No goods, wares, merchandise or other property, perbe sold in streets save sonal or real, shall be sold, or exposed for sale in any street or alley, by process of 1 or on any sidewalk, wharf or pier in the city of Detroit, or at the door or window of any store or dwelling in said city, by any auctioneer or other person, except a Marshal, Master in Chancery, Coroner, Sheriff or Collector, by virtue of an execution or other authority, vested in him by law, except such articles as are permitted to be sold by the second section of this chapter. SEC. 2. It shall and may be lawful for any auctioneer, or other OF THE CITY OF DETROIT. 81 person not prohibited by law, to sell or expose for sale, at auction or TITLEE V CHAPTER 33. vendue, on any wharf, or in any street of said city, all spirituous, vin- What may be sold in the ous and malt liquors, cider and other liquors, in casks which shall streets. contain not less than thirty gallons, ship furniture and tackle, carriages, farming utensils, household furniture, animals of every description, and all other goods, wares or merchandise, in packages or parcels, the size of which shall be equal to the bulk of one barrel, or which shall weigh one hundred pounds: Provided, The selling or exposing to sale such articles does not encumber the sidewalks or obstruct the streets, so that persons, horses or carriages cannot conveniently pass. SEc. 3. No bell man, crier, or other means of attracting the atten- Bell men tion of passengers, shall be used or employed by any auctioneer orpr other person, for the purpose of collecting bidders at the sale or auction of any property. SEc. 4. Any person or persons who shall violate any of the pro- Penalty. visions of this chapter, shall, on conviction thereof, before the Recorder's Court of the city of Detroit, be subject to a fine not exceeding fifty dollars and costs of prosecution. SEC. 5, It shall not be lawful for any person to vend or sell at Notlawfulto public auction or vendue, any horse or cattle in any of the public eeltaparts of city. streets of the city of Detroit, south of Campus Martius; and any person offending in the premises shall, for every offence, oc conviction thereof before the Recorder's Court of said city., pay a fine not exceeding one hundred dollars and costs of prosecution. SEC. 6. It shall be the duty of the Marshal of said city to cause Marsh. this chapter strictly to be carried into effect. CHAPTER XXXIII. Relative to the Manufacture and Sale of Bread. SECTION 1. It shall not be lawful for any person to use or carry Bakers to on the trade or business of a baker, either in person or by employing obtain perany other person to use or carry on the said trade or business, under his or her direction, or for his or her profit or benefit, within said city, without having obtained from the Common Council a permit for that pupose, under a penalty not exceeding fifty dollars. 1.1. ORDINANCES AND BY- LAWS TITLE V. SEC. 2. Every person desirous to use or carry on said trade or CHAPTER.3. Howobtain- Business, shall make application in writing to the Common Council, ed. setting forth the street and house in which he or she intends to carry on said trade or business, and shall accompany such application with a recommendation signed by at least twelve respectable householders of said city, certifying that such person is qualified to carry on said business, and that he or she is of good fame and correct and orderly deportment and behavior. Clerktode- SEC. 3. If the Common Council shall grant such application, the liver permit if granted. Clerk shall deliver such person a permit for the purpose aforesaid, for which he shall be entitled to receive from such person the sum of twenty-five cents; and the said permit shall be in force till the second Tuesday in March then next ensuing. Breadtobe SEc. 4. All bread manufactured by the bakers of this city for made of good flour. sale, shall be made of good and wholesome flour or meal into loaves of one pound and two pounds avoirdupois weight, and every loaf of such bread shall be marked with the numbers indicating the weight of such loaf, and also with the initial letters of the name of the baker thereof; and if any baker or other person shall offer or expose for sale any bread made of unwholesome materials, or any bread not so marked, except as aforesaid, every such baker or other person so offending shall forfeit and pay for each loaf, a sum not exceeding twenty-five dollars. Penaltyfor Stc. 5. If any baker shall make for sale, or shall sell or expose selling bread under weight for sale any bread that shall be deficient in weight, according to the requisitions prescribed in the preceding section of this chapter, he shall forfeit and pay for every such offence the sum of ten cents for every ounce that such bread shall be deficient in weight: Provided, always, That such deficiency in the weight of such bread shall be ascertained by the inspector of bread, by weighing or causing the same to be weighed in his presence, within eight hours after the same shall have been baked, sold or exposed for sale: And provided, further, That whenever any allowance in the weight shall be claimed on account of any bread having been baked, sold or exposed for sale more than eight hours as aforesaid, the burden of proof in respect to the time when the same shall have been baked, sold or exposed for sale, shall devolve upon the defendant or baker of such bread. SEc. 6. The City Marshal shall, ex-officio, be inspector of bread, OF THE CITY OF DETROIT. 83 and it shall be his duty, and he is hereby authorized and required oTITLV. from time to time, and not less than once in each month, at all sea- Marshaltobe bread Insonable hours, to enter into, and inspect and examine every baker's spector. shop, storehouse or other building where any bread is or shall be baked, stored or deposited, or offered for sale, and to inspect and examine all bread found therein, and also to stop, detain and examine in any part of the said city, any person or persons, wagons or other carriages carrying any loaf of bread, and weigh the same, and determine whether the same are in violation of the true intent and meaning of this chapter; and if the said inspector shall find any bread not conformable to the directions herein contained, or any part of them, he shall make complaint thereof for the purpose of having such person prosecuted according to law. SEC. 7. Any person or persons, who may obstruct, or in any man- Penalty for obstructing ner impede or wilfully delay any person legally qualified, in the exe- specting. cution of his duties under this act, either by refusing to him or delaying his entrance or admission into any of the places above mentioned, or by refusing or omitting to stop their wagon or carriage as aforesaid, or in any other manner whatsoever, so that the due execution of this act or any part of it may be impeded or obstructed, every such person shall, for every such offence, on conviction thereof before the Recorder's Court, forfeit and pay a sum not exceeding fifty dollars and costs of Frosecution, and further, his, her or their license as a baker, if any has been granted to such person, shall be forfeited. CHAPTER XXXIV. Powers and.Duties of Clerks of Markets. SECTION 1. There shall be one Clerk of Markets in and for the Clerksof Market. city of Detroit, and as many more as the Common Council shall by previous resolution prescribe. SEC. 2. It shall be the duty of each Clerk of Markets to open Dutiesof and close the market under his charge at the hours fixed thtrefor by the Common Council; to preserve the order and cleanliness of said market, to enforce all regulations, orders and ordinances of the Common Council relative thereto, and to complain of all persons guilty 84 ORDINANCES AND BY-LAWS ATLER V. of a violation of any of said ordinances or of this ordinance. He Powersof shall have power, and it is hereby made his duty, to arrest and eject from said market any persons who create a disturbance, fight, quarrel, swear, or in any manner disturb the peace of the same, to order any person standing in the doorways of said market, or encumbering or obstructing the passages of said market, to move on, and he shall arrest any person who shall disregard or disobey said order; Penalty. and said person so disobeying shall, on conviction, be punished by a fine not to exceed twenty-five dollars, or by imprisonlnelt not to exceed thirty days. Duty of clerk SEC. 3. It shall be the duty of each Clerk to examine all articles to examine alle artilesfor in the market, which he may suspect to be unwholesome or stale, or blown, plaited, raised or stuffed meat, or measly pork, or flesh of animals dead by accident or disease, or known or suspected to be diseased at the time of killing the same, or which by reason of its age is prohibited to be sold by the ordinances. And if any person shall obstructing hinder, obstruct or molest said Clerk in the performance of this duty, said person shall be punished by fifty dollars' fine, or by twenty-five days' imprisonment for each and every offence. And it shall be the duty of said Clerk to see that no animal or game of any kind shall be exposed for sale in said market at the seasons of the year when it is unlawful to kill the same, under the statutes of the State of Michigan. Clerk to set a SEC. 4. It shall be the duty of each Clerk to assign or set apart place for sel-,roc garde, portions of the space included in the limits of his market, for the purpose of exposing for sale and selling garden produce; and if any person shall expose for sale or sell any garden produce in any other place in said market than that so assigned, said person shall be punPenalty. ished by five dollars' fine, or two days' imprisonment for each and every offence. Clerk to or- SEC. 5. It shall be the duty of each Clerk to give directions reder removal specting the arrangement or removal of any article, vehicle, cart, of vehicles, wagon, box, basket or other thing in his market, or the streets adjoining thereto, and any person who shall neglect or refuse to obey said directions shall be punished by a fine of five dollars, or by two days' imprisonment. SEc. 6. In case of the refusal or neglect to obey said directions, it shall be lawful for, and shall be the duty of said Clerk of any OF THE CITY OF DETROIT. 85 market, forthwith to remove, or cause to be removed, such article, TITLE V. cart or vehicle, wagon, box, basket, or other thing directed to be re- Clerk to remove vehimoved, to such place as he shall have previously directed, or to such lefs, &c, on refusal of owners to do other place as he shall think proper within said market. to do. SEC. 7. That each clerk shall have power to suspend any person Powers of clerk to sushaving a stated stall or stand in any public market, or occupying any pend persons part of said market, whether said person be a licensed butcher or not, forreaesnS from occupying or using said stall or any other part of said market, for the following reasons: First-When said person shall be guilty of any fighting, quarreling, abusive or indecent language in said market. Secondly-When said person shall neglect or refuse to obey the ordinances and regulations of said city relative to the cleanliness or order of said market, or shall more than once refuse or neglect to obey the lawful orders of said Clerk. Thirdly-When any person shall more than once offer or expose for sale, or sell any article prohibited by the ordinances of said city. Fourthly —When any person shall offer or expose for sale any article or thing used for food, the sale of which shall have been prohibited by the Common Council, or by the Board of Health of said city; and said Clerk shall Clerktore immediately after such suspension report the same, with the reasons ustrenasontf therefor, to the Common Council of said city, who may either make Council. said suspension perpetual, or remit the same. And if any person so Penalty of suspended shall offer for sale or sell any article in any of the markets suspended I'~~~~~~~~ ~~~for selling in of said city until permitted so to do by the Common Council, he shall market. be punished by a fine of not more than two hundred dollars, or by one year's imprisonment, or by both, in the discretion of the Court. Clerk to notiIt shall be the duty of said Clerk to notify every person so suspended fy persons suspended in by him of his or her suspension, in writing. writing. SEC. 8. The Clerk of each market shall procure from the City Clerktokeep Treasurer, and keep in a book, the names of all persons who have register. rented stalls in said markets. He shall let to all persons desiring the same, stands for the sale of vegetables, fish, fruits, game, poultry and garden stuff, charging them such rents therefor as the Common Council shall establish. He shall report to the Treasurer the names Report names of of all persons renting said stands; shall once in each mouth collect piesons rentand pay into the treasury all rents due for said stands, and shall report and account under oath to the Controller for all moneys collected To report to Controller by him, stating in said account the names of all persons renting stands monthly. 86 ORDINANCES AND BY-LAWS TITLE V. during the preceding month, the names of those who have paid their CrHAPTER 34. rents, and the amount paid by them; the names of those who have not paid, and the amount which they are in arrears; and that he has paid all sums collected by him up to the date of said report and account to the Treasurer; and he shall, at the same time, file with the Controller the Treasurer's receipt for said sums. And if any person Clerk to nott- renting any stand or stall be more than a month in arrears of his rent for arrears to surrender the same, it shall be the duty of said Clerk to order said person to their stands. surrender his stand or to pay the rent so due within a week from the day of said order; and if said person does not comply with said order. then said Clerk shall remove him from said stand; any person resisting a Clerk of Market, or refusing or neglecting to obey his lawtPefusnilto ful orders under this section, shall be punished by a fine not to exrenaty fo aex obey clerk. ceed one hundred dollars, or by imprisonment not to exceed six months. Clerk to at- SEc. 9. Each Clerk shall constantly attend the market under his tend market durinu mar- charge during the time said markets are open for business. SEC. 10. In case of suspicion respecting the weight or quantity Clerk to test of any article sold, or offered for sale, by weight or measure, in any measures. public market, it shall be the duty of the Clerk of said market to weigh or measure the same, and if he finds said article deficient, either in weight or quantity, he shall forthwith complain before the proper tribunal of the person selling or offering for sale said article, and said person shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars, or by not to exceed ninety days' imprisonment. SEC. 11. It shall be the duty of each Clerk of Markets, once in Clerk to examine each month, or oftener, as he deems necessary, to inspect and examine weights and measures all the weights, measures and beams used in weighing or measuring Pehalty for in his market. And if any person shall neglect or refuse to exhibit refusal to show weights his or their weights, measures and beams, or any of them, for exami&c. nation or inspection as aforesaid, or shall hinder, obstruct or molest said Clerk in the performance of this duty, said person shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. Clerk to com- SEC. 12. If, after such examination and inspection, said Clerk plain of persons using shall find that said weights, measures or beams, or either or any of re flse nd incorrect, nd not ccording to the st weights.bthem, are false and incorrect, and not according to the standard estab OF THE CITY OF DETROIT..87 lished by the laws of the State of Michigan. it shall be the duty of TIT.LE V. ~ CHAPTER 35. stid Clerk to complain of the person using the said weights, measures or beams, and upon conviction thereof, said person shall be punished by a fine not exceeding fifty dollars, or by not exceeding thirty days' imprisonment, or both, in the discretion of the Court. SEC. 13. It shall be the duty of each Clerk of Markets to exclude Clerk to exclude from from his market all persons who shall be engaged in combinations to market persons engaged raise the price of provisions, or who shall have been convicted of in combina"' forestalling; and any person thus excluded, who shall sell or offer for inog &C. sale, any article in the market from which he or she has been so excluded, without the consent of said Clerk, shall be punished by a fine of five dollars, or by two days' imprisonment for each and every offence. SEC. 14. The word stall, as used in this ordinance, and all ordi- Signification nances relating to markets, shall signify the places inside of market fthall.Or buildings occupied by butchers for the sale of meat; the word'stand" shall signify all places in markets occupied by hucksters, Signification pedlars, and sellers of vegetables, eggs, butter, poultry, game, garden of the word stuff, fish, and all other articles permitted to be sold in markets, which are not to be sold from stalls, and shall comprise all tables, booths, fixtures, wagons, boxes, barrels, sleighs, carts, and vehicles of any kind, used for the purpose of exposure of goods for sale by said hucksters, pedlars and sellers. CHAPTER XXXV. Relative to the Sale and Inspectionz of Firewuood. SECTION 1. The city of Detroit shall be divided by the Woodward Division of Avenue into two districts for the sale and inspection of firewood. and fnspection of wood. All that portion of said city lying west of said avenue shall be called the Lower Wood Inspection District; and all that portion of said city lying east of said avenue, shall be called the Upper Wood Inspection District. SEC. 2. There shall be two Wood Inspectors appointed for each Nunber of wood Inof said districts, one for the dock, the other for the wood market, and spectors int each Dstrict. that in case of the inability of either of said Inspectors, through sickness or temporary absence from the city, to act, the other be empow 88 ORDINANCES AND BY-LAWS TITLE V. ered to act in his place; and esch Wood Inspector, before entering CHAPTER 35. upon the duties of his office, shall take and subscribe the same oaths, and file a bond in the sum of one thousand dollars, as is now required by law of other officers of the corporation. SEC. 3. It shall be the duty of said Wood Inspectors to be and Duties of remain at the public market for the sale of wood between the hours of seven o'clock in the morning and six o'clock in the evening, during each day, Sunday excepted; they shall station all vehicles containing wood brought to said market for sale, in a proper and suitable manner in said market, taking care especially that said vehicles do not in any manner obstruct the public streets of said city; they shall measure all loads or parcels of wood, offered or exposed for sale in or about said markets, for which they shall be paid a fee at'the rate Rates of emoluments,. of six cents for each load or parcel drawn by a double team, and five cents for each load or parcel drawn by a single horse, measured by them, and upon payment to them of said fee, they shall give to the person owning said wood a certificate signed by them, stating that said wood has been measured by them, and how many cords or parts of cords it contains. Seller to oh- SEC. 4. No person shall sell wood by the wagon load in said martain certificate, &c. ket, unless he shall first have obtained a certificate of one of the Inspectors of said city, and in addition to said certificate, said wood shall be stamped in various places by the Inspector, and if any person shall sell, or offer to sell, any wood by the load from any vehicle in said market, without said certificate and said stamp, he shall be punPenalty. ished by a fine not to exceed ten dollars, or by ten days' imprisonment. SEC. 5. No person shall stand in any street, alley or public ground Wood sellers notto stand f said city, save in or about the public markets designated by the on streets. Common Council, with any vehicle containing wood for sale; and every person exposing wood for sale in vehicles shall stand in such place and position in said public markets as the Inspectors shall direct; and any person violating the provisions of this section shall be punished Penalty. by a fine not exceeding ten dollars, or by imprisonment not exceeding ten days. Penalty for SEC. 6. Any person who shall use a false certificate in the sale of qstng false certificates. firewood, or use a certificate given for one load of wood for another, OF THE CITY OF DETROIT. 89 shall, upon conviction thereof, be punished by fine not to exceed fifty TITLE~ V. dollars, or by imprisonment not to exceed forty days. SEC. 7. No person shall deliver wood sold from boats or other Woodnot to be delivered water craft in said city, unless said wood shall have been measured by from boats till inspected. one of the Inspectors of wood for said city, and the person selling such wood shall pay said Inspector his fees, at the rate of five cents per cord for each cord or portion of a cord so measured, and said Inspector shall have an'office in some central situation near the river in his respective district, where notice may be left, when wood sold is ready for inspection, also publish the location of his office in the most public manner. And if any person shall deliver wood sold from boats or other water craft in said city, without the same shall have been ininspected by one of the Inspectors of wood for said city, he shall be punished by a fine not to exceed ten dollars, or by imprisonment ten days. SEC. 8. Inspectors of firewood shall be appointed at the same time Inspectors' how appointand in the same manner as other officers are appointed, by the Com- ed. mon Council, and shall hold their offices for the term of one year, but the Wood Inspectors appointed on the second Tuesday of January, 1858, shall be the Inspectors for the present year. SEC. 9. Nothing in this ordinance shall be construed to affect or Not to affect sale from interfere with the sale of wood from private wood yards or places. private yards SEC. 10. This ordinance shall not take effect until five days after When this ordinance to its passage, and the City Marshal shall, immediately after the passage be inforce. of the same, post hand-bills at each of the public wood yards in said city, and other public places, notifying the public of the provisions of this ordinance relative to the sale of wood, and the time when the same shall go into effect. 12 90 ORDINANCES AND BY-LAWS TITLE VI. TITLE SIX. CHAPTER 36. OF THE PREVENTION OF FIRES. CHAPTER XXXVI. Relative to the Fire Department of the City of Detroit. SECTION 1. That the Fire Department of said city shall consist of Fire Departtoenstof.m a Chief Engineer, two or more Assistant Engineers, and as many Fire Engine and Hook and Ladder Companies and Fire Wardens as the Common Council shall from time to time prescribe. Chief andas- Snc. 2. The Chief and Assistant Engineers shall be appointed by pointed.P the firemen, from their own members, in the month of April of each year, with the consent and confirmation of-the Common Council of Termofofmce said city, and shall, when so appointed, continue in office for a term of one year, or until their successors are duly appointed, confirmed and qualified. They shall take the oath of office prescribed by the Chieftofile charter, and the Chief Engineer shall file with the Clerk of the city bond. a bond in the sum of two thousand dollars, conditioned for the faithful performance of his duty, which condition shall be in the language prescribed by the charter for the official bonds of city officers. SEC. 3. Until the Common Council shall, by resolution or ordiassistantsftill nance otherwise prescribe, there shall be two Assistant Engineers, to ordered otherwise. be designated as the First Assistant Engineer and the Second Assistant Engineer. Number of SEC. 4. Each fire engine and hook and ladder company shall conand Engine sist of not less than twenty nor more than sixty members, who shall Co. be men of good moral character; shall have resided in the city at Age of mem- least three months, shall be over eighteen years of age. and shall be bers. To be recoim- appointed members of companies by the Common Council upon remended by Trustees, commendation of the Board of Trustees of the Fire Department, incorporated by an act entitled " An act to incorporate the Fire DepartProviso. ment of the city of Detroit," approved February 14, 1840: Provided, always, That each fireman shall, within thirty days from the date of his appointment by the Common Council, become a member of the Fire Department, otherwise said appointment shall be null and void. OF THE CITY OF DETROIT. 91 SEC. 5. The Fire Wardens and members of fire engine companies TITLE VI. CHAPTER 36. and hook and ladder companies, shall constitute and be the firemen of Who to be firemen of said city, and no person shall be eligible to the office of Chief or As- toheity;iwblho to the office sistant Engineer who is not a member of the Fire Department. of Chiefor assistants SEC. 6. Each fire engine and hook and ladder company shall ap- Company to point from their own members a foreman, a first assistant foreman and appoint their a second assistant foreman, and such other officers as they may by their own rules or by-laws prescribe. SEC. 7. Each fire engine and hook and ladder company may, in To nominate 3 members of the month of April of each year, nominate to the Common Council company as three of their members to be appointed Fire Wardens of said city for i April each the ensuing year, and said Fire Wardens, together with the ex-officio Fire Wardens prescribed by the charter, shall be and constitute a Board of Wardens, who shall elect one of their number ChiefFire Ward'ns to appoint Warden; and the Fire Wardens so appointed shall have all the duties Chief Ward'n and powers in the wards in which they reside, that have heretofore been imposed upon and granted to the " Fire Wardens appointed for the several wards:" Provided, That the Common Council may also Proviso. appoint, on the nomination of the Chief Warden, three other Wardens for each ward, who shall, before their appointment, be members of the Fire Department, and whose special duty it shall be to attend to the prevention of fires in their respective wards. SEC. 8. The appointment of the Chief and Assistant Engineers Appointment of chief and shall be certified to the Common Council by the said Board of Trus- assistants to beecertifled to tees, or the proper officers thereof, and no person shall vote for or Council. have any voice in the appointment of said Chief or Assistant Engineers, unless said person is a fireman and member of the Fire Department under the provisions of this ordinance. SEC. 9. The Chief and other engineers, upon an alarm of fire, Chief torepair to fires shall immediately repair to the place where said fire is, and the As- when alarm sistant Engineers shall report themselves to the Chief, or person having the command of the Department for the time being, and obey his orders. Any person willfully violating the provisions of this section shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed three months. SEC. 10. The Chief Engineer shall have full power, control and Chief to have full control command over all persons whatever at fires; he shall station the en- at all fires. gines and apparatus of companies, and see to it that all persons do 92 ORDINANCES AND BY-LAWS,'rLT, VI. the duty prescribed by law and ordinance, and any person who shall CHAPTER 36. disobey the lawful orders of said Chief Engineer, obstruct, hinder or resist him in the performance of the duties prescribed for him by fPunisobmet this ordinance, shall be punished by a fine not to exceed one hundred Ing orders of cuhef. dollars, or by imprisonment not to exceed three months. To direct SEC. 11. That it shall be the duty of the Chief Engineer to dimeasures for extinguish- rect at all fires all such measures as he may deem most advisable for the ing fires. effectual extinguishment of the said fires, and also once in every To examine month to examine the condition of the fire engines and other apparaengines and apparat8s tus, together with the engine house belonging to the corporation, and and report once risix report the same to the Common Council, at least once in six months, months. accompanied by the names and number of all the members of the Fire Department, and the respective companies to which they belong, which shall be annually published in the month of December, by the Clerk of said city, in such newspaper of the said city as shall be employed by the Common Council; and whenever any of the said fire engines or other fire apparatus shall require to be repaired, the Chief o repairt the es-Engineer shall report the same to the Common Council, and he shall repairs the c p theS s t - t Common sary to Council-buiidings report in writing all accidents of fire that may happen in this city, ownes ofc. with the causes thereof, as well as can be ascertained, and the number and description of the buildings destroyed or injured, together keep reck tord with the names of the owners or occupants, to the Clerk of the city, of same. who shall keep a faithful register of the same. Mayor and SEC. 12. It shall be the duty of the Mayor and members of the Council to enforce ordi- Common Council and of the Chief and other Engineers, to enforce nance. the provisions of this ordinance. Assistant to SEC. 13. In case of the absence or sickness of the Chief Engineer, act in absence of the First Assistant shall act as Chief Engineer, and if the First AsChief. sistant shall be absent or sick, then the Second Assistant shall act as Chief, and in case neither the Chief or other Engineers are present at a fire: the Mayor shall designate some fireman to take his place. SEC. 14. It shall be the duty of the Fire Wardens to be present Duties of Wardens re- at all fires, and under the command of the Chief Warden to act as a lative to fires -relative to fire guard. And it shall be the duty of such fire guard to take charge property. and possession of all property removed from buildings at fires, and to deliver the same to the City Marshal, or in his absence, to a City Constable, to be delivered to the City Marshal to store, or otherwise protect the same until it is claimed by the owner or owners, and upon OF THE CITY OF DETROIT. 93 such claim to deliver up the same to the owner or owners, upon the TITLE WV.1 payment to the City Marshal of all expenses necessarily and actually incurred in and about the care and protection of such property, and for which a receipt shall be given by the Chief Warden. And the said fire guard are hereby invested with all necessary authority for the purpose of taking charge and possession of such property, and at every fire every Warden shall report himself to the Chief Warden, tWardensto selves to and be subject to his directions, and the Chief Warden shall report Chef Warden, and himself to the Chief Engineer, and be subject to his direction, and dhen to report himself to to the direction of the other engineers of the Fire Department; and ChiefEngineer. it shall be the further duty of said Fire Wardens to prevent the hose from being trodden on, and to keep all idle and suspected persons from the fire and its vicinity, and also to use all proper exertions within their power for the preservation of goods and other property endangered at fires; and all citizens are hereby enjoined and required to comply with the directions of any of said Fire Wardens: Pi ovided, Such directions be not in opposition to the orders of the person having supreme control at said fire. SEC. 15. There shall be assigned to each fire engine company and Council to assign engines hook and ladder company, such engines, machines and apparatus as to the different companthe Common Council may deem necessary for the extinguishment of iesfires, and it shall be the duty of each of said companies, as often as any fire shall break out within the district to which they are assigned, to repair immediately upon the alarm thereof to their respective engines, machines or apparatus, and convey them to or near the place where such fire shall happen, and then in conformity with the directions given them by the Chief Engineer or Engineer, shall work and manage the said engines, machines and apparatus, with implements and instruments thereto belonging, with all their skill and power; and when the fire is extinguished, shall not remove therefrom but by the Companies to remain at direction of the Chief Engineer or of the other engineers, which di- fis until ordered by Enrection being obtained, they shall return with their respective engines, gineer. machines and apparatus, together with the implements and instruments thereto belonging, to their several places of deposit, and as soon as may be thereafter, wash and clean the same, and for the more effectually keeping and preserving the fire engines from decay, the firemen, when the season of the year will permit, shall, by order of the Chief Engineer, draw out the fire engines, in order to wash, cleanse and ex 94 ORDINANCES AND BY- LAWS TITLE VI. ercise them, and if any fireman shall neglect said duty, and if he shall CHAPT'ER 36. willfully neglect to attend to any fire as aforesaid, or leave his engine while at any fire, without permission, or not perform his duty on such Penalty for occasion, without reasonable excuse, he shall on conviction, be punishnon- performance of duty ed by a fine not to exceed twenty-five dollars, or by imprisonment not at fires. to exceed thirty days. Firemen to SEC. 16. Whenever any person shall be appointed a fireman unprocure certiprcatre frot der this ordinance, it shall be his duty to call on the Treasurer of the Treasurer of Fire Depart- Fire Department and procure a certificate, within one month from the ment countersignedby date of his election, countersigned by the City Clerk, specifying the name and number of the company to which he has been appointed; and if such certificate shall not be procured within that time the appointment shall be null and void. SEC. 17. It shall be the duty of each company organized under Each company to re- this ordinance, or which is now organized in said city, to report, once port annually names of in each year, or oftener if required, the names and numbers of their members, to the said Board of Trustees. When elec- Sec. 18. The election of any person as a member of a company tions illegal. which has the number of members authorized by this ordinance shall be void. Chief and SEC. 19. The Chief and Assistant Engineers shall be appointed assistants to be elected by by ballot of the firemen at the time and in the manner prescribed by ballot. the Constitution and By-Laws of the Fire Department. No distur- SEC. 20. No person shall make any noise or disturbance, fight, baince to be quarrel or use any obscene, indecent, insulting or abusive language at poles. the place and during the time the ballots are being received for Chief or Assistant Engineers. Any person violating the provisions of this ordinance shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed six months, and in addition to Penalty for said fine or imprisonment, may be sentenced to be dismissed or exdisturbance. pelled as a fireman; and any person so dismissed or expelled, shall not again serve or act as a member of a company without the special permission of the Board of Trustees, and a re-appointment by the Council, as prescribed in this ordinance. Chief to wear SEC. 21. The Chief Engineer shall wear a leather hat when on uniform hat on duty. duty, with the words "Chief Engineer" painted legibly thereon, and shall carty a speaking trumpet.?SEC. 22. The First Assistant Engineer shall wear a leathern cap OF THE CITY OF DETROIT. 95 with the words "Engineer No. 1," painted on the frontispiece there- TITLE'VI. of; and the Second Assistant Engineer shall wear a leathern cap with Assistants to wear caps. the words " Engineer No. 2," painted on the frontispiece thereof; they shall also each carry a speaking trumpet. Public bell SEC. 23. All persons who now are, or hereafter may be, employed ringers to ring twenty by the city to ring fire alarms, shall immediately on the breaking out minutes. of a fire, ring the bells, and continue so to do during twenty minutes, unless the fire be sooner extinguished, under the penalty of not exceeding twenty dollars for every such omission: Provided, That Proviso. when a chimney only shall be on fire either by day or by night said bells shall not be rung. Watchmen to SEC. 24. It shall also be the duty of every watchman or patrol, cr aout " ire " along upon the breaking out of any fire, to alarm the citizens by crying out their route. "fire," and mentioning the street where it may be, on his going to and coming from the next and nearest watch stations, that the alarm may be rapidly passed from one watch station to another, and the firemen and citizens may thereby be generally directed where to repair. Persons reSEC. 25. All persons who at a fire shall refuse to obey any order fusing to obey orders or direction given by a person duly authorized to order or direct, or of duly auwho shall resist or impede any officer or other person in the discharge finedt heir arrest authorof his duty, shall, in the absence of sufficient excuse, be punished by ized. fine not exceeding fifty dollars. The Chief Engineer, any Fire Warden, Assistant Engineer, Foreman or Assistant Foreman of a fire company, may arrest any such person and detain him in custody until the fire is extinguished, when the person making the arrest shall make to the City Attorney the proper complaint, under this section, against the person arrested. roremen of SEC. 26. It shall be lawful for the Foreman or Assistant Foreman cOtaheres offlcers may of any fire engine or other fire company, or for any member of the require the aid of citiCommon Council, Chief Engineer or Assistant, or any Fire Warden, zens at fires. to require the aid of any citizen or inhabitant in drawing an engine or other apparatus to the fire, or the aid of any bystander at a fire to work any engine or apparatus at the same, and on neglect or refusal to comply with such requisition, the offender shall be punished Penalty for neglect to by a fine not to exceed twenty dollars, or by imprisonment not to ex- comply. ceed twenty days-unless some sufficient cause for such refusal and neglect is alleged at the time and made to appear upon the trial-and 96 ORDINANCES AND BY- LAWS rLE V3I. any sueh person may be arrested and proceeded with as is provided for persons arrested under section twenty-five of this ordinance. Penalty for SEC. 27. If any person shall willfully injure, in any manner, any injurlng public property. hose, fire engine or other apparatus, or building containing the same, belonging to this city, the offender shall, for every such offence, forfeit and pay not to exceed the sum of one hundred dollars, or be imprisoned not to exceed three months, or both, in the discretion of the Court, besides being liable to an action for the recovery of the damaages done. Marshal and SEc. 28. The Marshal and every Constable shall repair immediConstables to repair to fires ately on the alarm of fire, with his staff or badge of office, to the and report to fnyomeuier place where the fire may be, and report himself to any member of the Common Council, (who is hereby vested with full power in the premises,) for the preservation of the public peace, and the removal of all idle and suspected persons, or the preservation of property in the vicinity of the fire; and if the Marshal or any Constable shall neglect Penalty for neglect. to comply with the provisions of this section, he shall pay a fine of not exceeding fifty dollars, and be subject to removal from office. SEc. 29. The hook and ladder and axe men shall, under the direcHook, Lad-. oerkand Axe tion of the Chief Engineer and two members of the Common Counmen when orpetenbyaum- il present, or in the absence of the Chief Engineer, then under the thority to cut dhownbuildt direction of either of the Assistant Engineers and two members of ings, &c. the Common Council, or in the absence of all the Engineers, then under the direction of three members of the Common Council, cut down and remove any building, erection or fence, for the purpose of checking the progress of the fire. Persons in SEC. 30. If any pcrson having charge of any engine or other fire charge of engines not to apparatus, shall suffer or permit the same to be applied to private apply the 8ame to u ri- uses without the consent of the Mayor, Chief Engineer or Common Council, he shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days. Hours at SEC. 31. Any member of the Fire Department of the city of Dewhich engines may troit, or other person who is not a member of said Department, who run on sidewalks. shall hereafter run, place or wheel upon any sidewalk, or aid or assist in running or placing any fire engine, hook and ladder truck, or hose company cart, upon any sidewalk adjoining or laying alongside any paved street or alley in said city, between the hours of six o'clock A. NM. and ten o'clock P. M., shall, for every such offence; on convic OF THE CITY Of DETROIT. 97 tion thereof before the Recorder's Court of said city, be punished by TITLEL a fine not exceeding five dollars with cost of prosecution; and if a member of the Fire Department by suspension or expulsion, or either, at the discretion of the Court. SEC. 32. It shall not be lawful for any person or persons, without False alarms how punreasonable cause, by outcry, or ringing the bells, or by proclaiming ished. fire, or by any other means whatsoever, to make or circulate, or cause to be made or circulated in any ward in the city of Detroit, any false alarm of fire, and the person or persons so offending, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding sixty days. SEC. 33. No person under the age of eighteen years shall con- Ageatwhich tinue, or hereafter become a member of any fire engine, hose or hook beFiraemen. and ladder company in said city, nor shall any fire engine company organize or permit any company or companies to take charge of their hose, or draw the same to and from fires, unless the members of said hose company or companies are duly qualified firemen under the laws of the State of Michigan and the ordinances of the City, and are members of the fire engine company whose hose shall be so taken in charge of or drawn. Any person under the age of eighteen years, who shall become a member of any fire engine, hose or hook and ladder company, shall be punished by a fine not to exceed ten dollars, or by imprisonment not to exceed five days for each and every occasion on which he shall parade, run to a fire or perform any other duty with said company, and the Chief Engineer of said city is hereby authorized to dismiss from any and every company connected with the Fire Department any person acting as fireman who is under eighteen years of age. SEC. 34. No person shall sleep or remain at night in any Fire No person to sleep in enEngine House, or in any Hook and Ladder House in said city, unless gine houses. specially designated so to do by the Mayor, Common Council or Chief Exception. Engineer. No person shall play at cards, tipple, riot, or in any manner make any noise or disturbance in or about any such house. No person shall disturb any meeting of a fire company, or make any engine house or hook and ladder house a place of resort for indecent, Penalty for disturbing lascivious, immoral or illegal purposes; any person violating the pro- company meetings. visions of this section shall be punished by a fine not to exceed fifty dollars, or by imprisonment not to exceed ninety days. 13 98 ORDINANCES AND BY-LAWS TITLER VI. SEC. 35. The present companies organized and existing in said Fire compa- city are hereby continued in force. Fire engine companies numbered ries in force. 1, 2, 3, 6, 7, 9 and 11, shall attend all fires in the second, third, fourth, Itricts. sixth, seventh and tenth wards of said city, and engine companies numbered 4: 5, 8, 10 and 12, shall attend all fires occurring in the first, second, fifth, eighth and ninth wards of said city; but in cases of a general alarm all of said companies shall attend said fires, wherever they may occur in said city. PresentFire SEC. 36. The board or company of Fire Wardens now existing, Wardens di8banded. are hereby disbanded, and chapter thirty-seven of the Revised Ordidinanees of 1855, and all ordinances and parts of ordinances conflicting with this ordinance, are hereby repealed. CHAPTER XXXVII. Relative to the Prevention of Fires. Of the board SECTION 1. The Fire Wardens shall constitute a board, a majority of Fire Wardens. of whom, whether appointed or by virtue of their office, shall be a quorum for the purpose of considering the most efficient and prompt manner of discharging the duties imposed on them by the laws and ordinances of the city; they shall choose from their number a Chief and Secretary, at such time and in such manner as they may designate. The Fire Wardens of the respective wards shall notice and correct any infractions of the laws and ordinances made for the protection of the city from fires, in their respective wards particularly, and in the city generally, and shall make reports by their foreman, to be by them respectively chosen, of the state and police of their respective wards, as respects danger from exposure to fires, on the first Mondays of June and December in each year, to the Chief Warden, who shall make report of the same in reference to the city generally, to the Common Council; and the Board may impose such fines upon the members as, in their judgment, may best secure the performance of the duties of said Fire Wardens, both at fires and in visiting buildings, and in other duties in their several wards, and for non-attendance at regular or special meetings of the Wardens; and any disobedience to such rules shall be reported to the Common Council, and shall sub OF THE CITY OF DETROIT. 99 ject the Fire Warden so disobeying to fine and removal by the Com- TITLE VI. CHAPTER 37. mon Council. SEC. 2. It shall be the duty of the Fire Wardens, or either of Semi-annual inspection of them, in their respective wards, twice in each year, viz.: in the months the city. of May and November, and as much oftener as may be deemed proper, between sunrise and sunset, to enter into any house or building, lots, yards or premises in said city, and examine the fire places, hearths, chimndys, stoves and pipes thereto, ovens, boilers or other apparatus likely to cause fire; also, the places where ashes may be deposited, and all places where any gunpowder, hemp, flax, tow, hay, straw, rushes, shavings or other combustible materials may be lodged; and the said Fire Wardens shall give such directions in regard to the several foregoing matters as they or any of them may think expedient, either as to the removal and alteration, or better care and management thereof; which directions shall be obeyed and complied with by the person or persons directed in that behalf, and at their expense. SEC. 3. The said Fire Wardens shall also have authority to cause Of cleaning chimneys to be burned out or otherwise cleaned, whenever they shall chimneys. deem it necessary, and to require the tenant or tenants, owner or owners of any blacksmith's shop so to alter or construct (as the case may require) the chimneys in said shop as to prevent sparks of fire from passing into the open air, and may require the ceiling or sides of any shop or any part thereof to be plastered. Every occupant of premises whose chimneys shall take fire, except when burned out un- Penalty if they take der the direction or by the permission of a Fire Warden, shall be fire. be fined one dollar for each infraction of the law; and also to remove or abate, with the consent of the Mayor or any Alderman, (and in Abating cause of neglect or refusal of the owner or occupant,) any cause from which danger in chimneys. immediate danger of fire may be apprehended, at the expense of the person who should have done the same; and to remove or abate, in manner above prescribed, any other cause whatever from which immediate danger of fire may be apprehended, at the expense of the person or persons occasioning the same. The said Fire Wardens are hereby empowered at any regular or special meeting of their Board, to require that chimneys shall be swept or cleaned by owners or occupants, as the case may be, at such periods, and under such regulations as they may prescribe; and for every case of neglect or refusal, the parties offending shall forfeit and pay a penalty of one dollar, 100 ORDINANCES AND BY- LAWS TITLE VI. and for every subsequent case of neglect or refusal, after being thereCHAPTER 37. to specially required by a Fire Warden, a penalty of one dollar in addition. Penalty fbr SEC. 4. If any person or persons shall neglect or refuse so to disobeying Fire Warden. comply with any such directions as any of said Fire Wardens may give in the premises, or shall obstruct or hinder any Fire Warden or his assistants in the performance of his duty, the person so offending shall forfeit and pay for every such neglect, non-compliance or hindrance, a sum not exceeding fifty dollars, and for every day which shall elapse after the time allotted for such removal, alteration, better care or management, without compliance with such directions, the said person shal also forfeit and pay a further and additional sum of five Owners of dollars; and all expenses caused in carrying into effect the directions of premises iable for ex- the Fire Wardens, shall in the first instance be paid by the occupant penses of executing of the premises, and shall be deducted from the rent payable by him, direction of Wardens. her or them, unless such directions were rendered necessary by the act or default of said occupant, or there be a special agreement to the contrary between the landlord and said occupant; and it shall also be the duty of said Fire Wardens to ascertain whether or not their directions are duly complied with, and in case of non-compliance, or in case of any violation of this chapter, to report the names of all the offenders, with the particular circumstances, to the Common Council, who may thereupon cause such offenders to be prosecuted for the recovery of the penalties incurred by them. Securing SEC. 5. No pipe of any stove or franklin shall be put up in any stove pipe and burning house or building, unless it be conducted into a chimney made of chimneys. brick or stone; nor shall any person at any time set fire to any chimney for the purpose of cleaning the same, without previous consent of the Fire Warden of the proper ward; any person putting up, or procuring to be put up, the pipe of any stove or franklin, or doing any other act contrary to this section, shall for every offence forfeit five dollars, and the further sum of one dollar for every twenty-four hours the same shall remain so put up, after notice by any Fire Warden to alter the same. How chim- SEC. 6. Every chimney hereafter to be erected, and all chimneys neys shall be constructed. whatever, shall be plastered with lime and sand on the inside thereof, under a penalty of twenty-five dollars, and a further penalty of ten dollars for every fifteen days' neglect to alter or take down the same, OF THE CITY OF DETROIT. 101 after a notice given by any Fire Warden for that purpose. It shall TITLE VI.3 be the duty of the Engineers or Fire Wardens to take notice of all chimneys when the same are being constructed, and ascertain whether they are in conformity with the requirements of this chapter, and if not, make report to the Common Council. Chimneys shall be so constructed or altered as to admit of the flues therein being swept or cleaned from top to bottom, under the same penalties for neglect or refusal as are prescribed in section three. SEC. 7. No person shall carry fire in or through any street or lot Of carrying fire through except the same be placed or carried in some close and secure pan or streets. vessel, under a penalty of five dollars for each offence. SEC. 8. No ashes, except at manufactories where ashes are used, Securing shall be kept or deposited in any part of this city, unless the same be in a close and secure metalic or earthen vessel, or brick or stone ash-room, under the penalty of one dollar for every twenty-four hours the same shall remain after notice from a Fire Warden to remove the same. SEC. 9. No person shall fire or set off any squib, cracker, gunpow- Of fire works and fire arms der or fireworks, or fire any gun or pistol in any part of this city, unless by written permission of the Mayor or two Aldermen, which permission shall limit the time of such firing, and shall be subject to be revoked at any time by the Common Council; and any person or persons violating any of the provisions of this section, shall forfeit the penalty of five dollars for each and every offence. SEC. 10. Every person firing a cannon within this city, unless by of cannon. permission of the Mayor or two Aldermen, shall forfeit the penalty of twenty-five dollars: Provided, That nothing in this or the preceding section shall be construed to prohibit any military company from firing any gun or cannon when authorized by their commanding officer or officers. SEC. 11. Every dwelling house or other building more than one Of scuttles. story in height within this city, shall have a scuttle through the roof, and a convenient and suitable stairway or ladder leading to the same; and any person constructing such dwelling house or building, without such scuttle, and every owner of any such house or building now erected, (not having other permanent and convenient means of access to the roof,) neglecting to comply with the requisitions of this section for the space of thirty days after notice from a Fire Warden, shall forfeit 102 ORDINANCES AND BY-LAWS TITLE'VIL twenty-five dollars, and the further sum of five dollars for every ten days the non-compliance shall continue to exist. Of shavings SEC. 12. It shall not be lawful for any person or persons to have and combustibles. in his or her possession, any shavings, wood or fuel of any description, combustibles, or any materials that may occasion hazard or danger of fire, unless the same shall be placed in such situation, and be secured in such manner as shall be directed by the Fire Wardens, or either of them, of the ward in which either of the before enumerated articles shall be deposited; and all carpenters, cabinet makers, turners, coach makers, wheelwrights, coopers and others using any trade by which shavings are made, shall respectively, at the close of each day, on leaving off work, cause the place where such shavings are, to be swept, and the shavings to be carefully gathered and placed in boxes, or to be otherwise compactly and securely stowed in some safe place, remote from danger, by means of fire or candle light, and so to be kept until the same shall be taken away from such premises as aforesaid, under the penalty of five dollars for each omission or offence therein. SEC. 13. It shall not be lawful to burn any shavings in any street, Fires in the streets. road or lane, or to kindle any fire or any other combustible matter in any street, road or lane, or on any wharf in this city, under a penalty not exceeding ten dollars for each offence, to be recovered from any person or persons aiding or assisting therein. Keeping of SEC. 14. No person shall have, put or keep any hay or straw unbay and straw. covered, in stack or pile, within three hundred yards of any building within the limits of this city: Provided, however, That nothing herein shall be construed to prevent landing hay or straw on any of the wharves of this city. or to prevent carting the same to or from any part of the saaid city; nor shall any person have, put or keep, within the said city, any hay or straw, hemp, flax, tow, shavings or rushes, in any stable or other building which is, or shall be, within such distance from any chimney, hearth or fire place, or place for depositing ashes, nor in any dwelling house whatever, as may be deemed unsafe or dangerous by the Fire Warden of the proper ward, under a penalty not exceeding twenty-five dollars for each and every offence, to be recovered with costs of suit, and the further sum of ten dollars for every twenty-four hours the same shall so remain after due OF THE CITY OF DETROIT. 103 notice given in writing to the offender, by the Fire Warden or other TITpLYEVSI officer. SEC. 15. No powder shall be deposited in any magazine, unless Powder. the same be approved by the Common Council. SEC. 16. The Common Council shall appoint a suitable person Keeper of magazine. to be the keeper of the magazine, and he shall be entitled to demand and have twenty-five cents on each keg of powder received, stored and delivered by him, to be paid by the person for whom it is stored. SEC. 17. If any fireman, during a fire, and in the vicinity thereof, Powder to be seized. shall discover in any building a greater quantity than twenty-eight pounds of powder, it shall be lawful for him to seize, without warrant from any magistrate, and convert the same as forfeited to the use of the Fire Department. SEc. 18. There shall not be kept within the limits of this city, Where and how powder (except in the magazine of powder of the United States, or of this to be kept. State,) at any one time, in any one house and its appurtenances, or in any one store and its appurtenances, any greater quantity of gunpowder than the weight of twenty-eight pounds; which twenty-eight pounds of gunpowder shall be well secured in metal canisters, with metal stoppers or covers, neither of which shall contain more than seven pounds weight. All gunpowder which shall be kept in this city, contrary to the meaning and provisions of this chapter, shall be forfeited by the person or persons so keeping the same; and it shall be lawful for the Mayor, Engineer or any Fire Warden to seize the same in manner as provided in section seventeen, and the person or persons so offending shall also forfeit the sum of one hundred dollars for every hundred weight of gunpowder, and in that proportion for a greater or less quantity, so kept contrary to the true intent and meaning of this chapter, to be recovered with costs of suit in the Recorder's Court of this city. SEC. 19. It shall be the duty of the Chief Warden or City Mar- Chief Warden or Marshal to dispose of all gunpowder forfeited and seized as provided in'hpl tofdisthe preceding section, and pay the proceeds arising therefrom to the sPeized, &c. Treasurer of the Fire Department, for the use of said Department, taking his receipt therefor, and report the same to the President of said Department. And to avoid dangers from gunpowder laden on board of any vessel arriving at this port, Be it further ordained, 104 ORDINANCES AND BY- LAWS TITLE Vi. That the commander or owners of every vessel arriving at this port, CHAPTER 37. Commanders and having gunpowder on board, shall, wtthin twenty-four hours after and owners of vessels her arrival before this city, and before such vessel shall be hauled having powder on board howtow land' alongside of any wharf, pier or quay, within the said city, land the the same. said gunpowder by means of a boat or boats, or other small craft, at any place out of the limits, viz.: above or below this city, on the Detroit river, and shall cause the same to be stored in some safe place beyond the said limits, until the same shall be conveyed to such magazine as shall be provided by the corporation for the storing of gunpowder, on pain of forfeiting all such gunpowder. Of conveying SEC. 20. For the more safe conveyance of gunpowder through the powder through the city, to or from any magazine or powder house, the store keeper shall procure and provide good canvas, tow cloth or leathern bags, or cases, in order to cover all casks of gunpowder that may be conveyed as aforesaid; and no cartmen or other person shall cart or carry through any avenue, street or lane of this city, by means of any cart, carriage, or by hand or otherwise, any gunpowder, except in tight casks, well headed and hooped, which casks shall be put into such canvas, tow cloth or leathern bags or cases as aforesaid, in such manner as entirely to cover such cask therewith, and the mouths of such bags or cases shall be securely tied, so that no gunpowder may be spilled or scattered in the passage thereof, on pain of forfeiting all such gunpowder as shall be conveyed through any of the avenues, streets or lanes aforesaid, in any other manner than is hereby directed. Of lading or SEC. 21. No person, excepting as aforesaid, shall be permitted to unlading powder in lade or unlade any greater quantity of gunpowder than tweuty-eight pounds, in or from any vessel at any of the slips or wharves in the city, under the penalty of forfeiting a sum not exceeding one hundred dollars for each offence. Lights in SEC. 22. No owner or occupant of any livery or other stable stables. within this city, nor any person in the employment of such owner or occupant, shall use therein any lighted candle or other light, except the same be securely kept within a horn, tin or glass lantern, under a penalty not exceeding ten dollars for each offence, to be recovered with costs of suit. Liability of SEC. 23. If any offence shall be committed against this chapter parents and masters. by any child apprentice or servant, the forfeiture and penalty shall be OF THE CITY OF DETROIT. 105 recovered from and paid by the parent, master or mistress of the party TILE VI. offending. CHAPTER XXXVIII. Relative to the Erection of certain Buildings within certain limits. SECTION 1. No person shall hereafter erect or place any building Wooden or any part of a building within the following limits, unless such build- where prohibited. ing or part of a building shall be constructed of stone or brick, with party or fire walls of the same material, rising at least ten inches above the roof, if the same be covered with metal or slate; if with wood, then at least two feet, viz.: Beginning at the channel bank, foot of Dequindre street, thence northerly to a point within one hundred feet of the south line of Jefferson avenue, thence easterly parallel with Jefferson avenue, and one hundred feet distant therefrom to the east line of the city limits; thence northerly, to a point one hundred feet north of the north line of Jefferson avenue; thence westerly, parallel with said avenue and one hundred feet distant therefrom, to the centre of Dequindre street; thence northerly to the centre of the block between Congress and Fort streets; thence westerly to the centre of Rivard street; thence northerly to the centre of the block between Lafayette and Croghan streets; thence westerly to the centre of St. Antoine street; thence northerly to within one hundred feet of the southerly line of Gratiot street; thence northeasterly, parallel with said Gratiot street, to the centre of Russell street; thence northerly to a point within one hundred feet north of the north line of Gratiot street; thence southwesterly, parallel within one hundred feet of said Gratiot street to the centre of Beaubien street; thence northerly along said street to the alley between Elizabeth and Columbia streets; thence westerly along said alley to the west line of the Lambert Beaubien farm; thence northerly along said westerly line of said Lambert Beaubien farm to the north line of Wilkins street; thence westerly to the alley between Woodward avenue and Park street; thence southerly, parallel with said Woodward avenue, to the alley between Columbia and Elizabeth streets; thence westerly to the Grand River Road along said alley; thence southeasterly to the centre of First street; thence southerly along said street to within 14 106 ORDINANCES AND BY- LAWS TITLE VI. one hundred feet of the north line of Michigan avenue; thence westCHAPTER 3. erly, parallel with said Michigan avenue to the west line of the Woodbridge farm; thence southerly to a point one hundred feet south of the south line of Michigan avenue, thence easterly, parallel with said avenue, to the west line of the Jones farm; thence southerly along said west line to the alley between Howard and Abbott streets; thence westerly along said alley to Thompson street; thence southerly along said Thompson street, due south, to the channel of the river; thence easterly along the channel bank of Detroit river to the place of beginning. And if any building not made and constructed of stone, or brick, or other incombustible material, shall be erected or placed within the aforesaid prescribed limits, contrary to the provisions of this section, the owner or owners, builder or builders thereof, Penalty. shall severally forfeit a penalty of fifty dollars for each and every offence, and also a penalty of fifty dollsrs for each and every week such building shall remain within said limits as above prescribed. Barns and SEC. 2.. Nothing contained in the preceding section shall prohibit wood houses of certain the erection within the aforesaid prescribed limits, of any building of size permitted. wood which shall not be more than eight feet square, nor of any wood house for keeping and storing of fire wood, which shall not exceed twenty feet in length, twelve feet in width, and twelve feet in height, nor of any barn which shall not exceed twenty-four feet in length, sixteen feet in width, and not more than twelve feet in height from the common surface of the earth to the top of the plates, with a roof not to exceed one-quarter pitch, provided such small buildings or wood house or barn shall not be made to front upon any street: Provided, That nothing in this section contained shall be construed to allow more than one such barn or wood-shed on any one lot or premises used as one tenement. Partition SEC. 3. The limits prescribed in section one of this chapter, shall walls. be known as the fire limits of the city of Detroit, and the whole of the ground included within said prescribed limits shall be deemed and taken to be within said fire limits; and in all buildings hereafter to be erected of stone or brick, in blocks of two or more buildings, within said limits, there shall be erected partition walls running at right angles with the street upon which such building shall front, or as nearly at right angles with said street, as the plan of the city will admit of, OF' THE CITY OF DETROIT. 1OK constructed of stone or brick, at least one foot in thickness, and ex. -TrrL, VI tending at least ten inches above the roof, if such roof be covered with metal or slate; but if of wood, then at least two feet above the roof of such building; and every person, whether owner, part owner or builder, who shall erect or cause to be erected a building or part of a building contrary to the provisions of this section, shall forfeit the penalty of fifty dollars for every month during which such building shall remain so erected. SEC. 4. No person shall repair any wooden building partially de- Certainrestroyed by fire, nor raise or elevate from the ground any wooden hibited. building now standing within said limits, by constructing thereunder or thereon another story or part of a story, or in any other way inerease the height of said building, unless he shall have previously obtained permission from the Common Council to do so, and in no case where the proposed repairs or alterations will increase the fire risks, shall such permission be granted; and if any person shall violate the provisions of this section, then he shall forfeit a penalty of fifty Penalty. dollars, and also a penalty of fifty dollars for each and every week said building shall remain so raised or erected. SEC. 5. No person shall remove any building of wood from one Building not to be removpart, or section, or lot within;such fire limits, to any other part, see- fide lthimthe tion or lot within the same: Pirovided, That it shall be competent for the Common Council, on special application, in their discretion, to grant leave to the owner or occupant of any lot or premises to remove any such building from one part of said lot or premises to another part of the same lot or premises. And in case any person shall violate the provisions of this section, he shall forfeit the like Penalty. penalty of fifty dollars; and also a further penalty of fifty dollars for,each and every week such building shall be permitted to remain upon the place to which it shall have been removed. SEC. 6. No person shall build: erect or place any building or part Helghtof of a building, more than twenty-six feet in height, measuring from the bitholdt fir limits. established grade, or common surface of the ground of the street or alley upon which such building shall front, to the top of the plate of such building; nor shall the roof thereof exceed a quarter pitch, unless such building shall be constructed of stone or brick, as provided in section one of this chapter, in any part of the city whatever. And any owner or owners, builder or builders, for hire, who shall at any 108 ORDINANCES AND BY- LAWS CTIATpE VI. time build or place any such building within the limits of the city, contrary to the provisions of this section, shall each and severally, upon conviction thereof before the Recorder's Court, pay a fine for each and every offence not exceeding fifty dollars; and the owners thereof shall, on conviction, be subject to a like penalty of fifty dollars for each and every week he, she or they shall suffer such building (to be hereafter erected,) to remain within the limits of the city: Provided, That nothing in this chapter shall prohibit the erection of steeples'or cupola upon any church or any public building, or manufactory establishment. Lime kilns SEC. 7. NO person shall erect or cause to be erected within the prohibited. limits of the city, any lime kiln or building to be used in the manufacture or burning of lime; and if any person shall violate the provisions of this section, he shall forfeit a penalty of one hundred dollars, and also a penalty of one hundred dollars for each and every week such lime kiln or building shall be used for the manufacture or burning of lime. Ordinance SEC. 8. The operation of the provisions of the aforesaid ordisuspended in certain cases nance to which this is amendatory, shall be and are hereby suspended, till June 1st, 1559. so far as relates to any territory added to or embraced within the fire limits since the first day of March, 185E, until the first day of June, 1859, from and after which time the said ordinance and all its provisions shall be in force and of effect as if this ordinance had not been passed. OF THE CITY OF DETROIT. 109 TITLE SEVEN. TITLE VII. CHAPTER 39. OF THE PUBLIC HEALTH. CHAPTER XXXIX. Relative to Small Pox. SECTION 1. That the keepers of all taverns, hotels and boarding Tavernsand boarding houses within the limits of this.city, shall be, and they are hereby houses8where required, whenever the small pox shall be found to exist therein, to closedoors to close them immediately, and to keep them closed against all customers and lodgers until the patients are removed, and such tavern, hotel or boarding house shall be thoroughly cleansed and ventilated, under a penalty not exceeding one hundred dollars for each case of the small pox within their premises, to be recovered in the Recorder's Court, with costs. SEC. 2. That every keeper of a tavern, hotel, boarding house or signs to be placed on house within the limits aforesaid, within whose premises any person houses where or persons may at any time be sick of small pox, shall be, and he or exists. she is hereby required to exhibit openly and publicly at his or her front door or gate, a sign, with the words "small pox," distinctly and legibly written or printed thereon, under such penalty for every willful omission, not exceeding fifty dollars with costs, as the Recorder's Court may on complaint impose. SEC. 3. That it is hereby made the duty of every practising phy- Physicians to report cases sician within the limits of the said city, to report in writing to the of small pox. Clerk of the city, or to any member of the Common Council, every case of the small pox which he may be called to visit or examine; which report shall contain, as near as may be, a description of the location in the city of each case, and the name of the patient, under a penalty not exceeding one hundred dollars for each day such report shall be withheld. SEC. 4. That it shall not be lawful for any person or persons who Diseased persons not to go may have been, or may be diseased as aforesaid, to go at large within at large. the limits aforesaid, until advised by a physician that said going at large will not endanger the health of others. SEC. 5. If any person so diseased shall be found going at large, Mayor may confine perit shall be competent for the Mayor, Recorder, or either of the Alder- sons having. 110 ORDINANCES AND BY- LAWS TITLE VI. men, to send him forthwith to some suitable place to be provided, CHAPTER 40. and if need be, to confine him there so long as the public safety may require. CHAPTER XL. Relative to Grave Yards. Public grave SECTION 1. That the grave yards lying north of the Fort Gratiot yard& turnpike, are hereby declared to be the only public grave yards within the limits of the city of Detroit, and the plan thereof respecting lots for interment, is hereby continued; and all graves shall be at least five feet deep. Duty of SEC. 2. It shall be the duty of the Sexton to superintend the Sexton. grave yards, to take charge of the city hearse, and when required by the friends of any deceased person, or by the Director of the Poor of the said city, he shall, within a reasonable time, cause to be dug a grave of suitable dimensions, agreeably to the preceding section, and shall bury the corpse therein; and when it shall be required of the Sexton, he shall deliver the coffin at the house where the corpse may be, furnish a horse for the hearse, and convey the corpse to the grave. SEC. 3. It shall not be lawful for any person or persons to inter Where corpses to be or cause to be interred, the corpse of any deceased person in any part buried. of said city, excepting in the public grave yards aforesaid. The Sexton SEC. 4. The Sexton may demand and receive for his services the may demand andreceive following fees, to wit: for digging a grave and burying the corpse, fees. one dollar and fifty cents; for delivering the coffin at the house where the corpse may be, twenty-five cents; for furnishing a horse and carrying the corpse to the grave, one dollar and seventy-five cents: Provided, That whenever the corpse is to be buried less than one mile beyond the limits of said city, the Sexton shall be entitled to demand and receive for digging a grave and burying the corpse, two dollars, and for furnishing a horse and carrying the corpse to the grave, one dollar and seventy-five cents. Lots and half SEC. 5. Any person who may be desirous of purchasing a lot in lots how purchased. the new cemetery, may make application to the City Clerk, and if the same be granted, the applicant shall pay the sum of ten dollars to OF THE CITY OF DETROIT. 111 the City Treasurer, and take his certificate therefor. Nothing in this TITLE VII. CHAPTER 40. section shall prohibit the sale of half lots, if any there should be, at the price of five dollars, and no lot shall be divided for this purpose, so long as any half lot remains unsold. SEC. 6. The purchaser or his assigns shall deposit said duplicate Clerk to convey lots, &c. with the City Clerk, who shall thereupon execute and deliver a deed for the lot described therein, to the person entitled thereto, and charge the Treasurer for the price paid. SEC. 7. No person shall inter, or cause to be interred, the corpse No one to be buried withof any deceased person in either of said grave yards without the per- oiutpermismission of the person or persons, or corporation owning the lot. SEC. 8. Any person or persons who shall violate any of the pro- Penalties. visions of this chapter, shall forfeit and pay a sum not exceeding twenty-five dollars with costs of suit; and if any Sexton shall neglect or refuse to perform the duties herein required, or demand for his services a sum greater than is provided by the fourth section of this chapter, he shall, on conviction thereof before the Recorder's Court, be fined in a sum not exceeding twenty-five dollars with costs of suit. SEC. 9. The Clerk shall keep a register of all lots heretofore or Clerk to register lots sold hereafter to be sold in the new cemetery, by which it shall appear the name of the person or persons owning the lot, the description of the same, the price paid therefor, and the time when the deed was executed and delivered. SEc. 10. It shall not be lawful for any person to obstruct or cause Alleys in to be obstructed, nor permit or suffer any obstruction occasioned by not to bed obstructed. him or those under whom he claims, to be or remain in any of the alleys of the public grave yards of said city. And it shall be the duty of the Sexton to remove all such obstructions at the expense of the persons occasioning or permitting the same as aforesaid, which upon conviction, shall be included in the fine adjudged against him. SEC. 11. The Common Council shall, whenever necessary, desig- Lots for burying nate suitable lots in the new cemetery for the interment of the corpse strangers. of any deceased poor person or stranger; and it shall be the duty of the Sexton to inter any such corpse in any lot so designated, when he shall be of opinion that such corpse cannot be lawfully interred in any other place in the public grave yards. SEC. 12. It shall be the duty of the Sexton to keep a register of all interments made in the public grave yards, in which shall be stated 112 ORDINANCES AND BY- LAWS TITTLE VI. the name of the deceased person, the time of his decease, his late CHAPTER 41. A Register to rasidence, the place of his birth, his occupation, and the disease or be kept of interinents complaint of which he died, and to report the same on Mondays of and report to be made to the Common each week to the City Clerk; such report to include the particulars Council. of all interments for the full week ending on Saturdays previous to the date of such report; the Sexton shall also at the expiration of his term of office, deliver said register to his successor in office; and no person or persons other than the Sexton or his employees, shall dig or open any grave in the said grave yards, on pain of fine not to exceed fifty dollars for each offence, on conviction therefor. CHAPTER XLI. Relative to Sluices and Low Grounds. Assessment SECTION 1. Whenever it may be deemed necessary or expedient to for low grounds, make and open any sluice, ond make any wharf or embankmedt on the margin of the Detroit river, or fill up any low grounds or lots covered or partially covered with water, adjacent to said river, or when it shall be necessary for the abatement of any nuisance to fill up or level any lots or low grounds not adjacent to said river, but within the limits of said city, the Common Council shall, by a written resolution to be entered on their journal, authorize some competent person to make an assessment for making such sluice, wharf, embankment, or filling up such low grounds or abating such nuisances; and upon approving and filing such assessment, the Common Council shall order that the owner, occupant or proprietor of such wharf, low grounds or lots, (describing them,) shall make such sluice, wharf or embankment, or fill up such low grounds or lots, or abate such nuisance, within a certain time, and in such manner as may be in such order specified. Marshal to SEC. 2. It shall be the duty of the Marshal to give notice in wrigive notice of order to ting to such owner, occupant or proprietor personally, or by leaving fill low grounds. the same at his place of residence in said city, requiring him to comply with such order, a copy of which shall be annexed to such notice, and also that within ten days after the service of such notice, he shall enter into a bond to the city of Detroit, with approved security, con OF THE CITY OF DETROIT. 113 ditioned for the performance and execution of such order, and the kTITLEEVII. Marshal shall make due return or report to the Common Council of his doings in the premises: Provided, That if any such person cannot be found, or has no place of residence in said city, the Marshal shall cause such notice to be published four weeks in some paper in said city, unless the Common Council shall otherwise order, and an affidavit thereof shall be filed with the Clerk. SEC. 3. Whenever it shall appear to the Common Council that When Conncil mayForder the notice required by the preceding section has been given, and that alot to be such bond has not been executed, within the time limited therefor, then the Common Council may cause such sluice, wharf or embankment to be finished and completed, or such low ground or lots to be filled up, or such nuisance abated in such manner as they may deem expedient and necessary; and the expense thereof shall be deemed a valid assessment, from the time of filing the same as aforesaid. SEC. 4. The Clerk shall record in the assessment register all as- Clerkto deliver the assessments made by virtue of this chapter, and the date of the same; sllecmnt to and immediately after said work mentioned in said order shall have be collected. been finished and completed, the Clerk shall make out and deliver to the Collector a copy of such assessment, to be collected as other spe.,cial assessments. CHAPTER XELIfTo prescribe and regulate the manner of drawing Jurors in the matter of Draining Wet and Low Lands. SECTION 1. Whenever the said Common Council shall deem it Common Council may,necessary to drain any swamp, marsh, wet or low lands, in accordance declare whose lands with the power conferred upon said Council by subdivision twenty- they deem should be fifth of section twenty-second, of chapter fifth, of the Revised Charter of drained. said city, they shall so declare by resolution, which resolution shall describe the size and location of the ditch proposed to be opened for draining said lands, and shall also describe what private lands, if any,.it will be necessary to take to make said ditch. A copy of said res- Certified copy io bej,olution, certified to by the City Clerk, shall be delivered by said glventor Clerk to the City Attorney, who shall file the same in the Recorder's ney by clerk. Court, and move said Court for the drawing of a jury to determine 15 114 ORDINANCES AND BY- LAWS TALPER VI the necessity or propriety of opening said ditch, and whether the benefits which will accrue to the owner or owners of any lands from the opening of said ditch, will or will not be equal to any damages he or they will sustain thereby. SEC. 2. Said Court, upon being satisfied that the proper resoluRecorder's courtto or- tion has been filed by said Attorney, shall order the City Marshal, der City Marshal, orother his assistant or other officer of said city in attendance upon said namies tof Court, to write down the names of twelve freeholders of Wayne Jurors. county, who shall be approved by the Court as qualified to serve upon said jury. Court to SEC. 3. Said Court shall issue a summons to the Marshal, his asissue sumjurors. sistant or other officer of said city having authority to serve process in said Court, commanding him to summons said twelve freeholders to be and appear in said Court, on some day to be named in said writ, which shall not be less than seven days after the issuance thereof, and said summons shall be served at least three days before the return day, thereof, and be returned in the same manner as a summons for petit jurors in said Court, and the persons thus summoned shall be bound to attend said Court and serve until discharged, and said Court shall P impose upon them a fine of not more than five dollars for each day's non-attend- non-attendance or neglect to serve in said Court, but they shall be ance of Jurors. exempted and excused by the Court for the same reasons that petit jurors may be exempted and excused. City Attorn'y SEC. 4. The City Attorney shall cause to be published in the daily to publish notice of the newspaper printed by the contractor to print for the city, and in one ordering of Jury. other daily newspaper of said city, a notice to all whom it may concern that said jury has been ordered, the purpose for which and the time when and the place where they will be impanneled, which notice shall be published at least four consecutive days before said return day, and proof of publication thereof shall be filed in said Court on return day. Persons in- SEC. 5. Any person who shall appear upon said return day and terested may challenge file an affidavit in said Court that he or she has an interest in any priJurors. vate land proposed to be taken, and showing to the satisfaction of said Court that he or she has such interest, shall be allowed to challenge any person summoned to appear upon said jury for cause, in the same manner as is allowed in civil actions under the laws of the State. OF THE CITY OF DETROIT. 115 SEC. 6. Said Court shall have power to order talesmen to be sum- TITLEVE1.: moned to fill said jury. Court may order talesSEC. 7. Said jury, when filled, shall be sworn to discharge their Jurors to be sworn and duties faithfully, and shall be advised by the City Attorney concern- advised by ing their duties whenever they request it; they shall go upon the line of said ditch and examine the land proposed to be taken. SEC. 8. They shall report to said Court in writing, which shall be Jurors to reportto court signed by them, and said Court shall appoint a day upon which said in writing. report shall be received and filed. SEC. 9. A copy of the report of said jury, certified to by the Report to be recorded by Clerk of said Court, shall be recorded by the City Clerk, in the book City Clerk. of street opening records, and also in the records of said Court. SEC. 10. This ordinance shall take effect and be in force from and after five days after the passage thereof. CHAPTER XLIII. To provide for the Opening and Cleaning of Sewer Pools. SECTION 1. That it shall be and hereby is made the duty of Overseers of Highways to clean and keep open and unobstructed the grates or other openings of pools within their respective wards, connecting with any of the public sewers of said city, so that at all times said grates or other openings shall be unobstructed and in condition to perform the office of carrying off the water from the public streets of said city. SEC. 2. This ordinance shall take effect and be in force from and after its passage. 116 ORDINANCES AND BY- LAWS TITLE VIII. TITLE EIGHT. CHAPTER 44. OF THE PUBLIC PEACE. CHAPTER XLIV. Relative to Breaches of the Peace and Disorderly Conduct. Person, con- SECTION 1. Any person who may hereafter be found lurking, lying cealed for the. purpose of in wait, or concealed in any house or other building, or in any yard crime. or premises within the limits of said city, with intent to do any mischief, or to pilfer, or commit any crime or misdemeanor whatever, shall, for every such offence, on conviction thereof before the Recorder's Court of said city, be punished by a fine not exceeding two hundred dollars, and imprisonment for a period not exceeding three months, or either, at the discretion of the Court, and may moreover be held to bail for good behavior. SEc. 2. Any person who shall make, aid, countenance or assist in aot, disturt- making any noise, riot, disturbance or improper diversion. who shall ing language, conduct, &c.' be guilty of any indecent, immoral or insulting conduct, language or behavior, in the streets or elsewhere in said city, and all persons who shall collect in bodies or crowds in said city for unlawful purposes, to the annoyance or disturbance of the citizens or travelers. shall for each offence, on conviction before the said Recorder's Court, be liable to the punishment mentioned in the foregoing section. Duty of SEC. 3. The Marshal or any Constable of this city may arrest all Marshal and Constable. such offenders as are before mentioned, and bring them forthwith before any member of the Common Council, who may either discharge the same, or on the oath of one credible witness, commit such offenders to the county jail, unless they shall enter into a recognizance with one or more sufficient sureties, in a sum not exceeding five hundred dollars, conditioned that such offender or offenders shall be and appear before the Recorder's Court at the next ensuing term thereof, to do and receive what shall be then and there required by said Court, and shall be of good behavior and keep the peace in the meantime; and if from any reason, no member of the Common Council can be found immediately after such arrest as aforesaid, such offender or offenders shall be committed for safe keeping, until some one member of the Common Council be enabled to attend to the case. OF THE CITY OF DETROIT. 117 CHAPTER XLV. TITLE VTII. CHAPTER 45. To Punish Drunken and Disorderly Persons, Vagrants, s&c. SECTION 1. That all persons who are common prostitutes, vagrants, Punishment of vagrants, mendicant street beggars, and drunken or disorderly persons, shall, &c. upon conviction thereof, be punished by fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days, or by both, in the discretion of the Court. SEC. 2. Any person convicted under the preceding section, may, Persons conin addition to the punishment fixed in said section, or in lieu thereof, giatnd faV be ordered to be ordered by the court to enter into a recognizance, with sufficient find security to keep the sureties, for his or her good behavior for the period of one year. and peace. in default of said recognizance being found, said person may be committed to jail until the same is found. or until he or she is discharged by due course of law: Provided, always, That no person committed under this section shall remain in prison a longer period than three months from the time of commitment; or, if sentenced to imprisonment under the first section of this ordinance, then said three months shall be counted from and after the expiration of said imprisonment. SEC. 3. The commission of any of the acts which would consti- What deemed a breach tute the person so bound an offender under section first of this or- of recognidinance, shall be deemed a breach of the condition of said recognizance. CHAPTER XLVI. Relative to the Peace and Quiet of Churches. SECTION 1. That during the time of divine worship in any church Perons not or place of worship in said city, upon the Sunday, no person shall be to obistrwot guilty of any loud or boisterous talking, laughing or noise in the public ship..streets of said city within the distance of half a block of said church or place of worship; no persons shall collect and stand in crowds in the streets in front of said church or place of worship, or upon the steps, in the doorways, or on the walks leading to said church or place of worship; no person shall, in the public streets, within the distance of half a block of any church or place of worship, or in the doorways, 118 ORDINANCES AND BY- LAWS TITLE VIL. or on the steps or walks leading to said church or place of worship, CHAPTER 47. use any indecent language, fight, scuffle, or create any disturbance in the presence or hearing of any person or persons going to or from said church or place of worship; and any person or persons who shall violate any of the provisions of this ordinance shall be punished by ishedpn. a fine not exceeding one hundred dollars, or by imprisonment not to exceed three months, or by both said fine and imprisonment, in the discretion of the Court. CHAPTER XLVII. To prohibit and prevent Riots, Bouts, Disorderly Noises, Disturbance and Assemblage, and the Crying of Goods. Persons gul- SECTION 1. That any person or persons who shall be guilty of any ty of riot riot, rout, disorderly noise or assemblage, in the public streets, or in ished. any place within said city, shall, on conviction thereof, be punished by fine not to exceed five hundred dollars, or by imprisonment in the county jail not to exceed two years. SEC. 2. Any person who shall openly cry any goods within the Crygp of public streets of said city, shall be fined ten dollars, or punished goods prohibited in streets. by ten days' imprisonment in the county jail for each and every offence. CHAPTER XLVIII. To Prohibit and Prevent in the Streets or elsewhere, Indecent Exposure of Person. Indecent ex- SECTION 1. That any person who shall make an indecent exposure persou pro- of his or her person in the public streets, or elsewhere, of said city, hibited. shall, on conviction thereof, be punished by a fine not to exceed five hundred dollars, or by imprisonment for a period not to exceed two years. OF THE CITY OF DETROIT. 119 CHAPTER XLIX. TITLE VIII. CHAPTER 49. To Prohibit and Prevent the Show, Sale, or Exhibition for Sale of Indecent or Obscene Pictures, 4c. SECTION 1. That any person who shall show, sell, or exhibit for the obscene books, picpurpose of sale, any indecent or obscene pictures, drawings, engrav- tures, &c. ings, paintings and books, or pamphlets, or who shall make any indecent or obscene exhibition or show of any kind, in the public strcets or elsewhere, of said city, shall, on conviction thereof, be fined not to exceed five hundred dollars, or by imprisonment not to exceed a period of two years. CHAPTER L. Relative to Houses of Ill Fame and other Disorderly Houses and Places. SECTION 1. Every person who shall, within the limits of the city of Detroit, keep a house of ill fame, or of assignation, resorted to for the purpose of prostitution or lewdness, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment not to exceed two years. SEC. 2. Every person who shall keep a house for the resort of common prostitutes, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment not to exceed two years. SEC. 3. Every person who shall keep a disorderly house or disorderly grocery, in said city. shall be punished by a fine not to exceed five hundred dollars, or by imprisonment not to exceed two years. SEC. 4. Every person who shall demise or let any house or premises within said city, for the purpose of being kept or used as a house of ill fame, a house of assignation, disorderly house, or disorderly grocery, or who shall willfully permit any house belonging to him or her to be used or occupied for the purpose of a house of ill fame, house of assignation, disorderly house, or disorderly grocery, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment not to exceed two years. SEC. 5. Every person who shall commit, or suffer to be committed, in any house, premises, room or buildings occupied by him or her, 120 ORDINANCES AND BY- LAWS TITLTE VIII any noise, rioting, fighting, revelry or drunkenness calculated to disCHAPTER 51. turb the neighbors, shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed six months. SEc. 6. Chapter forty-six of the Revised Ordinances of the year 1855, is hereby repealed. CHAPTER LI. Relative to Injuries to Public Property. Punishment SECTION 1. If any person shall destroy, deface, impair, injure or for injury to public pro- wantonly force open any gate or door, or in any way whatsoever deperty. stroy, injure or deface any part of the State capitol building, or the appurtenances, fences, trees or fixtures thereunto belonging or appertaining, the city magazine, hospital, city hall, market houses, water works, water pipes, water screws, hydrants, or any fixtures appertaining to the hydraulic works, weigh scales, street lamps and posts, public wharves, fire engine houses, fire apparatus, public grave yards or trees growing therein, or any grave, tomb or fence around either of them, sidewalks or crosswalks in any street, or any shade or ornamental trees in any street, or any other property whatever, of the State of Michigan, the county of Wayne, or the corporation of the city of Detroit, within the limits of said city, he, she or they so offending, shall forfeit and pay for every such offence a fine not exceeding one hundred dollars and costs of prosecution, together with the expense of repairing the property so injured: Provided, That when the injury is accidental, no further fine shall be imposed than the amount of the costs of prosecution and the expense of making such repair. Private SEC. 2. If any of said property should be owned by individuals, property. it shall nevertheless be deemed, for the purposes of this chapter, the property of the corporation of said city. Punishment SEC. 3. Any person or persons who shall hereafter be guilty of for using property of the using for any private purposes whatever, any of the fixtures, apparafire department. tus, ladders or other property attached or belonging to any of the fire engines, hose or hook and ladder companies of the city of Detroit, without due permission for that purpose first had and obtained of the Chief Engineer, or some one in charge of said property, shall, on OF THE CITY OF DETROIT. 121 conviction thereof in the Recorder's Court, be fined in a sum not ex- TCTLET VII. ceeding fifty dollars and costs of prosecution, together with the expense of repairing said property, if the same shall in any manner be injured by such unlawful use. SEC. 4. Any person who shall, without lawful authority, light or Punishment extinguish any of the public gas lamps of said city, or who shall in forinjuries to gas and gas any way change, alter, or turn the stop cock, or any fixture belonging lights. thereto; or who shall break, injure or tarnish any of said lamps, or the posts on which they are erected, shall for each and every offence pay a penalty not exceeding fifty dollars and the costs of prosecution, Penalty. together with the expense of repairing the property so injured: Provided, That when such breaking or injury is accidental, no further fine shall be imposed than the amount of the costs of prosecution and the expense of making such repair. SEC. 5. It shall be the special duty of the Marshal and all the Duty of officers. Constables of said city, to make complaint of all violations of this chapter. CHAPTER LII. Relative to Injuries to Reservoirs. SECTION 1. Any person who shall injure any public reservoir, or Punishment who shall break or enter the same, and draw off, or cause to be re- for injuring public resermoved, any of the water therefrom, except in case of fire, or unless voirs. duly authorized by the Common Council of said city, or by the Chief Engineer of the Fire Department, (except in case of inspection of fire engines,) shall forfeit and pay a sum not to exceed one hundred dollars, on complaint and conviction in the Recorder's Court of the said offence. CHAPTER LIII. Relative to a Night Watch. SECTION 1. The Mayor of the city is hereby vested with full Mayor may power and authority to establish and organize a Night Watch, in and wgtacnze a for said city; and for that purpose he may appoint as many discreet 16 122 ORDINANCES AND BY- LAWS TITLE VIII. and suitable persons as, in his opinion, the public safety may require. 0HAPTaR u. The persons appointed as aforesaid, shall, before entering on the performance of their duties, take an oath or affirmation that they will faithfully and honestly discharge the duties of their office, to the best of their ability. Duties of SEC. 2. The members of said watch, and each of them, are hereby watch. authorized, and it shall be their duty, between the hours of nine o'clock at night, and the dawn of the succeeding morning, to apprehend any and every person who shall be reasonably suspected of having committed any crime or misdemeanor, or who shall be detected by either of the members of said watch in the violation of any of the ordinances of said city, or of an intent to commit any crime or misdemeanor, and to detain such person until morning; and thereafter, it shall be the duty of such watch to report all persons so apprehended to the Marshal of said city, wh6 shall thereupon have the custody of all such persons, until discharged by due course of law. Powers of SEC. 3. That the said watch and every member thereof, shall have watchmen. power and authority, on reasonable ground of suspicion, during the hours or period of watch aforesaid, to enter in a peaceable manner, or if resisted, (after demand made,) with force, into any house, store, shop, grocery or other building whatever in said city, in which any person or persons may be suspected to be for unlawful purposes, and if any person or persons shall be found therein guilty of any crime or misdemeanor, or who may be reasonably suspected thereof, the said watch to apprehend and keep in custody any such person or persons, in manner as hereinbefore prescribed. allpersonsto SEC. 4. It shall be the duty of all persons in said city, when called assist watchmen, when. upon by any member of said watch, promptly to aid and assist him in the execution of his duties, and if any person shall neglect or refuse to give such aid and assistance, he shall, on conviction, forfeit a sum not exceeding one hundred dollars and costs of prosecution, Duty of Mar SEc. 5. It shall be the duty of the Marshal of said city, to bring shal. such persons apprehended by said watch before the proper authority, for examination, within a reasonable time; and all persons who shall resist, or in any manner interfere with the members of said watch in the discharge of their duties, shall, on conviction, forfeit a sum not exceeding one hundred dollars and costs of prosecution. SEC. 6. The Mayor shall have power to remove from office any OF THE CITY OF DETROIT. 123 member of the watch, when, in his opinion, there shall be just causeTITLE VIII. therefor. Watchmen may be reSEC. 7. All persons apprehended by said night watch, in the per- moved. formance of their aforesaid duties, shall be confined in a room in the What to be City Hall, provided for that purpose, during the night in which said done witah person or persons shall be apprehended, subject to the custody and rested control of said Marshal, whose duty it shall be to take such person or persons, for the purpose of examination, during the morning succeeding their arrest, before the Mayor or Recorder, or, in their absence, one of the Aldermen of said city, who shall, as conservator of the peace of said city, attend at the City Council room, at nine o'clock A. M. of each and every day, except Sunday, during the continuance of said watch, for the purpose of hearing such examination: Provided, That persons so apprehended during any Saturday night, shall, on the following morning, be committed to the county jail to be examined as aforesaid, on the Monday following. CHAPTER LIV. Relative to Process and Proceedings in the Recorder's Court, and to the Recovery of Fines. SECTION 1. That upon complaint on oath or affirmation being made When process may be to the Clerk of the- Recorder's Court, that any person has violated issued from any of the laws or ordinances of said city, the Clerk shall issue a er'sCourt capias ad respondeudun, unless a summons be specially prescribed for the arrest of such person, and shall be returnable any day in the present or ensuing term of said Court. SEC. 2. Before issuing such process, the Clerk may, if he shall When security for costs deem it necessary, require the complainant to enter into a bond, with may be required. sufficient surety, to the city of Detroit, conditioned for the appearance of the complainant at the term of the Recorder's Court at which such process shall be made returnable, to give evidence against the person or persons complained of by him; and if upon trial the defendant shall be discharged, that the complainant shall pay the costs of prosecution, if so ordered by the said Court. SEc. 3. It shall be the duty of the Marshal or Constoble to whom 124 ORDINANCES AND BY- LAWS TITLE VIII. the writ shall be directed, to arrest the defendant therein named if be CHAPTER 54. Who to be found, who may give bail for his appearance at the time such writ execute process. shall be returnable, and in default thereof the officer shall take him before any member of the Common Council, who may commit, let to bail, or discharge the defendant, according to his discretion. Bond upon SEC. 4. The bail required in the preceding section, shall be by arrest. bond payable to the city of Detroit, with at least one sufficient surety, in a sum not less than fifty dollars, and not more than double the amount of the penalty provided in the by-law or ordinance which may be violated, and shall be conditioned for the due appearance of the defendant before the Recorder's Court at the time such writ shall be returnable, and that the defendant shall comply with the judgment of the Recorder's Court, and not depart without leave, and in the mean time, keep the peace towards all the good people of said city: Provided, That if such bail should be insufficient or irresponsible, the officer taking the same shall be liable in an action of debt for the amount thereof, to be recovered in the name of the corporation. SEC. 5. Executions returnable at the next term, may issue upon Execution to issue against any judgment of the said Court, againt the body, goods and chattels body, goods estate. of the defendant, or party prosecuted, (unless such party be in actual custody for the offence on which judgment was rendered,) for the amount of such fine and the costs of prosecution, which execution may be levied upon the goods and chattels or body of such party, and all goods and chattels so levied upon, shall be sold in the same manner in all respects that personal property is directed by the laws of this State to be sold, except that six days' previous notice of sale shall be sufficient, and the officer levying the same shall return the execution at the next term of the Recorder's Court, with his doings thereon. And if such execution be returned unsatisfied in whole or in part, an execution may be issued against the real estate of such defendant, which shall be executed according to the laws of this State. When corn. SEC. 6. If in any trial it shall appear to the Court that the complinat to plaint was willful or malicious, or without probable cause, or if the complainant does not appear and testify in the cause, the Court may order and adjudge the complainant (and if he has entered into a bond as required by this ordinance, then against him and his surety,) to OF THE CITY OF DETROIT. 125 pay the costs of such prosecution, and thereupon an execution as in TITLE VIII. other cases, shall issue for the same. SEC. 7. The Marshal and Constables, once in each month, and Constable and Marwhenever it can be done, at least three days prior to the term of the srl's reRecorder's Court, shall. return to the Clerk of said Court all process issued out of said Court, with their doings in each case endorsed thereon, and shall also at such times pay over all moneys collected by them in pursuance of such process, to the City Attorney. And if any such officer shall neglect or refuse to comply with the provisions of this section, or shall knowingly do any other act inconsistent with the just and faithful discharge of his duties, he shall, on conviction, be liable to pay a penalty not exceeding one hundred dollars, and costs of prosecution. SEC. 8. The Clerk shall once in each month make a report to the Clerk to report monthly Common Council of all the particulars and business of the Recorder's to Council. Court-the number of persons tried, and the amount of fines and costs of each term, and the amount collected and paid into the hands of the City Attorney; and he shall immediately pay over to the City Treasurer all moneys by him received belonging to the corporation, together with all witness' or jurors' fees on hand, and shall exhibit the receipts of said Treasurer for such moneys. SEC. 9. If any person or persons knowingly or willfully obstruct, Penalty for obstructing resist, or oppose the Marshal or any of the Constables of said city, or omffcers. other person or persons duly authorized in serving or attempting to serve any writ or process, rule or order issued out of said Recorder's Court, or while executing or carrying into effect any order, rule or determination of the Common Council of said city, or shall resist or impede any person duly authorized, or any member of the Common Council of said city, in the performance of any of their duties or powers, or if any person shall aid or assist any person legally in custody, to escape, or conceal him after the escape, every person offending in the premises, shall, on conviction before said Recorder's Court, be punished by fine not exceeding one hundred dollars and costs. SEC. 10. If any officer shall arrest any person, at a time that Duty ofofficers when it may be inconvenient to bring him before any proper officer for an ls nnotconexamination, the officer making the arrest may place such person -r",gforeReexamination, the ofier making the o arrest may place such person erbeforeRe-n corder, Alin the custody of the Jailer of the county of Wayne, and within fif- derman, &c. 126 ORDINANCES AND BY-LAWS TITLE yWII. teen hours thereafter, he shall bring him before some member of the CHAPTER 55. Common Council for examination, and if such officer shall neglect to comply with the requirements of this section, he shall be liable to pay all the expenses of keeping such prisoner in jail: Provided, That if the said period of fifteen hours shall terminate on the Sabbath day, said examination shall be had during the forenoon of the next ensuing Monday. Duty of SEC. 11. The keeper of the jail of the county of Wayne shall jailor. not permit or suffer any person committed by virtue of a process of the Recorder's Court, or other authority of said city, to leave or depart said jail without the permission of some member of the Common Council, or the City Attorney, under the penalty of a sum not exceeding one hundred dollars, and costs of prosecution. CHAPTER LV. To establish Fees in the Recorder's Court. Fees of Mar- SECTION 1. For the following services performed in the Recorder's shals, jurors, witnesses,r&c Court of the city of Detroit, in cases authorized by law, officers, witnesses and jurors shall be allowed and receive the fees in this ordinance directed. SEC. 2. Each Marshal and Assistant Marshal shall be allowed and receive for Serving war- Serving a warrant or other process for the arrest of any person, rant. twenty-five cents. servingsub- Serving a subpoena for a defendant, thirteen cents for each witness, poena. to be paid by said defendant. For every mile actually and necessarily traveled beyond the city limits, in serving process, six cents. Jurors' fees. SEC. 3. Each juror, except talesmen, shall be entitled to and receive the sum of one dollar for each day's attendance upon said Court. Talesmen's. Each talesman summoned and acting as a juror in said Court. shall be entitled to and receive the sum of twenty-five cents for each case in which he shall act, unless the time he shall serve shall be equal to one day or more, in which case he shall receive the same sum per day as is allowed to regular jurors. OF THE CITY OF DETROIT. 127 SEC. 4. In all cases where any person or party shall be ordered TITLE VIII. cases any CHAPTER 56. to pay the costs of a prosecution of said Court, the sum to be taxed When parties ordered to as costs shall be the sum of five dollars, to be paid into the City pYs cotts of to be taxed Treasury. $5, to be paid into Treasury SEC. 5. It shall not be necessary to tender or to pay a fee to a Witness' fees not necessawitness subpoenaed on the part of the prosecution or defence in said ryin Recorder's Court. Court. SEC. 6. Officers serving any process for a defendant in said Court Officers to receive their shall be entitled to demand and receive their fees in advance. fees in adSEC. 7. Once in every month, the Clerk of said Court shall give Clerk to give monthly certo each officer and juror of said Court a statement, certified by said tificates of services. Clerk, of all services rendered by said officer or juror. SEC. 8. The person holding said certificate may present the same Controller to draw his to the Controller, who shall audit, and, if correct, allow, and draw his warraht for same as othwarrant for the amount of the same, in the same manner as in other er accounts. accounts: Provided, always, That in the case of jurors, before au- Proviso. diting their claims, the said Controller shall satisfy himself that they have not been paid, and are not entitled to be paid for the services charged in said statement, by the county of Wayne. CHAPTER LVI. To establish Fees of Constables in the Recorder's Court. SECTION 1. That the following sums shall be paid to Constables Constables' of the city of Detroit, for services in the Recorder's Court, that is to fees. say: For serving every writ, fifty cents for each person taken into custody; For each defendant taken to prison on final commitment, thirteen cents; For serving subpoenas and writs without the borders of the city, Subpcenas. and within the county of Wayne, thirteen cents for the first mile and six cents for each other mile necessarily traveled in serving said writ or subpoena; For serving subpoenas, thirteen cents for each person subpoenaed; For arresting parties without process, fifty cents for each person Arrests. 128 ORDINANCES AND BY- LAWS TITLE IX. arrested: Provided, That no additional charge shall be made for CHAPTER 57. serving a warrant upon any party so arrested. Accounts to SEC. 2. The Controller shall audit no bill or account for services contain the names of per- rendered under this ordinance, save under the following conditions, sons arrested, certfi that is to say: Said bill or account shall contain the names of all befodAttpyY persons who have been arrested, subpoenaed or taken to prison, the ment by Controller. offence for which arrested, and the case in which subpoenaed, and shall be certified to by the Clerk of the Recorder's Court, under the seal of said Court, and shall further be accompanied by a certificate from the City Attorney that the persons subpoenaed were subpoenaed on behalf of the people on his order, and wherever mileage is charged, the person claiming the same shall, if required by the Controller, make oath to the correctness of the charge. Bills-when SEC. 3. All bills or accounts for fees under this ordinance shall be to be renhow paind rendered to the City Controller on the last Friday of each month and shall, before payment by him, be submitted to the Common Council, and shall only be paid upon their direction, upon being approved by a committee to whom they shall be referred for examination. SEC. 4. This ordinance shall be in force from and after ten days after the passage thereof. TITLE NINE. OF STRAY ANIIMALS. CHAPTER LVII. Relative to Pound Masters and Public Pounds. Location of SECTION 1. There shall be one or more public pounds in said pounds. city, in such place as the Common Council shall designate and provide. Term of ofice SEc. 2. The Common Council of said city shall appoint one or MaPstersd more Pound Masters in and for said city, who shall hold their office during the pleasure of the Council, who shall take and file the oath required of officers by the city charter, and give bonds to the city, OF THE CITY OF DETROIT. 129 with two sufficient sureties, in the sum of five hundred dollars, and TITLE IX. conditioned as is prescribed for official bonds by said charter. SEC. 3. Said pound keepers shall have the charge of, and live at Keepers to live near or near the public pounds. pounds. SEC. 4. No cattle, horses, asses, mules, swine, sheep, goats, geese, Cattle not to or domestic fowls, shall run at large in the streets, or elsewhere in rwpatlarge. said city within the following limits, that is to say: within the city limits. SEC. 5. Any horses, cattle, asses, mules, swine, sheep, goats, geese Cattle running at large or domestic fowls running at large within said limits, and each and to be imevery of them, may be impounded in said public pounds. SEC. 6. Any officer of said city, and any other person, and minors Who may under eighteen years of age, may take up and drive to the public Impound. pound any of the animals mentioned in the preceding section, found so running at large. SEC. 7. It shall be the duty of the pound keepers to receive and Dutiesof keeper. safely keep and sustain in the public pound any of said animals so as aforesaid taken up and driven to said pounds. SEC. 8. It shall be the duty of the pound keepers to register in a Keeperto book, to be kept for the purpose, the time when any animal was re- keep register ceived into the public pound, the name and residence of the person by whom said animal wa4 taken up, and the place where said animal was found running at large. He shall provide necessary sustenance for all animals impounded, and shall, upon Wednesday and Saturday Days of sale, after notice, of each week, sell at public auction any animal which has been impounded in said pound three days, and is unclaimed by any person, or whose owner refuses to pay the fees, costs and charges of impounding and keeping said animal, first giving forty-eight hours' written or p'rinted notice of the sale of said animal, which notice shall state, as near as may be, a description of said animal, the person by whom, and the place where, it was taken up, and the time when it was impounded, which notice shall be posted in four different places in said city, to wit: one at the City Hall, another at the Post Office, another Notices, when to be in the division of the city where said animal was found running at posted. large, and another at the public pound; and said sale shall be held at the public pounds. SEC. 9. Any person owning any animal impounded in the public Owneermay pounds, may redeem said animal any time before it is sold, by pay- fore sae, 17 130 ORDINANCES AND BY- LAWS TITLE IX.g to the pound keeper the costs, charges and fees hereinafter proviCHAPTER 57np.od h ded, and by proving to his satisfaction the ownership of said animal. Costs and SEC. 10. The following costs, charges and fees shall be demanded charges. by the pound keeper, and shall be paid by the person claiming any animal, before said animal shall be redeemed, to wit: for the sustenance of each head of cattle, each horse, ass or mule, twenty-five cents per day; for the sustenance of each swine, sheep, goat, goose or domestic fowl, twelve cents per day; for receiving and discharging or selling each horse, ass, mule, swine or head of cattle, one dollar and fifty cents; for receiving and discharging or selling any sheep, goat, goose or domestic fowl, twenty-five cents. Pound keep- SEC. 11. The pound keepers shall, on Monday of each week, rener to render statement to der to the Controller a sworn statement of all moneys received by Controller. them during the preceding week, and shall, at the same time, show to said Controller a receipt from the Treasurer of said city, for said moneys. SEC. 12. The pound keepers shall procure all supplies needed for Pound keepers to pro- the sustenance of animals in the public pound, and shall certify to all cure supplies. bills for such supplies, which bills shall be audited by the City Controller, who shall, upon finding them correct, draw his warrant for the amount thereof. Controllerto SEC. 13. The Controller shall keep a separate account of all mokeep account neys received from, and all moneys paid out for, the public pounds, and disbursements. and the sustenance of animals therein, and shall report the state of said account to the Common Council, in his annual report. Salary of SEC. 14. The pound keepers shall receive in full for their services Pound keepers. the sum of one dollar and fifty cents per day for each and every day they act as pound keepers. SEC. 15. If said pound keepers shall refuse to receive into the Pound keepers to pay public pound any animal which may legally be impounded therein, or fine for illegal acts. if they shall receive into and keep in the pounds, or sell as pound keepers, or receive any fees, costs or charges for any animal not legally liable to be impounded, they shall, on conviction thereof, be punished by a fine not exceeding twenty-five dollars, or by fifteen days' imprisonment. mpaoulty ing SE. 16. If any person shall take up and carry to the public animals pounsll animal not le-gally liable to be impounded therein, said gally. pounds any animal not legally liable to be impounded therein, said OF THE CITY OF DETROIT. 131 person shall be punished by a fine of five dollars for each and every TITLE IX. offence. SEC. 17. All moneys received into the city treasury from the Moneysreceived to be pound masters, and all fines collected under this act, shall be placed applied to in and constitute a fund to be used as far as possible for the support pounds. of all the expenses of the public pounds, save the salary of the pound keepers. SEC. 18. Whenever any animal is sold under the provisions of Owner to receive surplus of sale after this ordinance, and the amount for which said animal is sold exceeds defraying expenses. the amount of the costs, fees, and charges herein allowed for receiving and discharging or selling said animal, and for the sustenance of said animal, the owner of said animal may, upon satisfying the City Treasurer of the ownership of said animal, receive the excess of said fees, costs and charges from said Treasurer, on giving to said Treasurer proper vouchers therefor. SEC. 19. Each and every person who shall hinder, delay or ob- Penalty for obstructing struct any person or persons in driving to the pounds any animal or persons driving animals. animals, beast or beasts, liable to be impounded in the city pounds, shall, for each and every hindrance, delay or obstruction, and for each and every person delayed, pay a fine of not less than ten dollars, nor more than twenty dollars. SEC. 20. If any person or persons shall break open, or in any Penalty for breaking manner, directly or indirectly, aid or assist in breaking open any city openthe pound, said person or persons shall severally, on conviction thereof before the Recorder's Court of said city, be punished by a fine not exceeding five dollars and the costs of prosecution, and imprisonment for the period of five days, or either, in the discretion of said Court. SEC. 21. The pound keeper shall give to each and every person Pound keeper to give a bringing an animal to the pound, a certificate of the fact that said certificateof person did, upon the day named in the certificate, bring said animal Controller. to the pound, and said person, upon presenting said certificate to the Controller, shall be entitled to receive from the City Treasurer for each head of cattle, horse, ass, mule or swine so impounded and certified to, the sum of seventy-five cents; and for each sheep, goat, goose or domestic fowl, the sum of ten cents. 132 ORDINANCES AND BY- LAWS TITLE IX. CHAPTER LVIII. CHAPTER 58. Relative to Pound Keepers, Fence Viewers, &c. Duties of SECTION 1. Pound Keepers shall have and exercise the same pound keep-' ers. power, duties and privileges, and be subject to the same restrictions, so far as the said power, duties, privileges and restrictions are consist-' ent with chapter fifty-seven of these ordinances, and the laws of the State prescribe relative to the keeper of a public pound. Fence view- SEc. 2. The Overseer of Highways of said city shall have and ers. exercise the same powers, duties and privileges, and be subject to the same restrictions and penalties, as the laws of this State prescribe relative to Fence Viewers. Laws ofthis SEC. 3. Every provision of the law of this State relative to Pound State applicable to Keepers thereof, Fence Viewers, stray cattle or beasts in the pound, pounds may be enforced are hereby adopted, and all violations of the same shall be prosecuted in Recorder's Court. in the Recorder's Court of said city. CHAPTER LIX. Relative to Dogs. SECTION 1. Every person residing in this city, owning or having Dogsmaybe in his possession, or suffering to be kept on his or her premises any taxed. dog, shall be liable to be assessed and pay for the same, the following taxes: for one dog, the sum of fifty cents per annum, (commencing on the first Monday in April,) for every additional dog, two dollars, to be assessed and collected in the same manner as taxes upon personal property in said city. owners of SEc. 2. Every person residing in this city owning or having in dogs to report to asses- his or her possession, or suffering to be kept on his or her premises, any dog, shall, on or before the third Monday in March, in each year, report to the City Assessor the name and description of every dog so owned or possessed by him, and shall put upon the neck of every dog a metal strap or collar, on which shall be engraved in legible letters the name of the owner. Any person neglecting any of the provisions of this section, shall forfeit the penalty of five dollars for every neglect. OF THE CITY OF DETROIT. 133 SEC. 3. It shall be lawful for any person to shoot, or otherwise TITLE IX. kill or destroy, any dog found running at large in this city, contrary Dogsdmay be to the requirements of the preceding section. SEC. 4. It shall be the duty of the City Assessor to keep a re- Apsessor to keep register cord of the name and description of all dogs reported to him as afore- of dogs, &c. said, together with the name and description of any other dog which he shall ascertain at the time of making his annual assessment, and return the same to the City Clerk, who shall deliver the same to the Collector. SEC. 5. No slut or bitch shall be kept, or allowed to be kept, or All sluts and bitches shall remain within the limits of the city, and such as may be found or be klled. shall be seen going at large within the limits aforesaid, shall be liable to be killed by the Marshal or any other person. SEC. 6. NO person shall be allowed to keep, or suffer to run at Vicious dogs large, any dog or slut of vicious or ferocious character or disposition, maybekilled under penalty for each offence, not exceeding ten dollars, and the City Marshal or any other person is hereby required to kill, or cause any such dog or bitch to be killed, if found running at large, or that an injury has been wantonly caused by any such dog or slut to any person. SEC. 7. It shall not be lawful for any dog, slut or bitch, to run Dogs to be }0~~~ ~~muzzled. at large within the limits of the city of Detroit, unless muzzled, as hereinafter provided for. SEc. 8. No dog, slut or bitch shall be allowed to run at large Dogsrunning at large to be within the limits of said city unless muzzled with a good and sufficient muzzled. muzzle, rendering it impossible for such dog, slut or bitch to do any mischief by biting any person or animal. SEC. 9. It shall be the duty of the Marshal to kill every dog, Marshialto slut or bitch found running at large within the limits of said city, when. contrary to the provisions of the preceding sections. SEC. 10. It shall be lawful for the Marshal, when the safety of Mayemploy assistant dog the citizens shall require the vigorous enforcement of this chapter, to killers. employ such number of discreet persons to kill all dogs, sluts and bitches as shall be found running at large unmuzzled, or with defective muzzles: Provided, The expense shall not exceed twenty-five cents for every dog, slut or bitch so killed, SEc. 11. The operation of the four preceding sections may be 134 ORDINANCES AND BY-LAWS CTATLE X6. suspended at any time when the public safety shall, in the opinion of Suspension the Common Council, authorize such suspension. of four preceding sections, when. TITL}E TEN. OF FERRIES, HACKS, AND DRAYS. CHAPTEK LX. -Relative to Ferries. Ferries to be SECTION 1. That no person shall use or keep any ferry or boat for licensed. transporting for hire across the river Detroit, any persons, cattle, carriages or other matter whatever, from within the limits of the city of Detroit, without having previously obtained a license from the Common Council of the said city, under a penalty not exceeding twentyPenalty. five dollars for each offence, to be recovered for the use of the said city with costs. SEC. 2. Each license shall be for the term of one year, and shall License how obtained and issue only on the petition or recommendation in writing, of at least recognizance twelve respectable freeholders of the said city, stating that a ferry is needed at the place therein designated, and that the applicant is a person suitable to keep the same, and if the prayer of such petition be granted, such applicant shall, before receiving such license, pay to the Treasurer of said city such sum as the Common Council shall deem reasonable for such license, and shall also enter into a recognizance to the city of Detroit, by himself, in the sum of one hundred dollars, and two sufficient sureties in the sum of fifty dollars each, conditioned that he shall faithfully keep in complete repair one or, more sufficient and safe. boats and scows as may be necessary for the safe conveyance of persons, wagons, carriages, cattle, horses and all other articles necessary to be transported, and shall, at all times, when the said river is passable, give due attendance with a sufficient number of hands to work and manage said boats and scows at the said ferry, during such hours in each day and night, and at such prices or rates for ferriage as shall be, from time to time, prescribed by the said OF THE CITY OF DETROIT. 135 Common Council, which recognizance shall be taken and remain in CTIPLER X. the Clerk's office of said city; and upon the perfection thereof and payment of the aforesaid sum, a license for such right of ferriage shall be issued to the said applicant. SEC. 3. The granting of any license for the aforesaid purpose Number of ferries alshall not be deemed to deprive the Common Council of the power to lowed. grant as many more as they may think proper, and no greater fee or payment shall be demanded for ferriage at any time other than as Ilegalfces fixed by law, under a penalty of not more than fifty dollars for each Penalty. offence, with costs of suit, and such penalty shall be independent of and in addition to any remedy on the aforesaid recognizance. SEC. 4. Each ferry keeper shall attend his ferry from sunrise in Time of attendance on the morning until sundown in the evening, and shall be liable to be ferry. deprived of his license by the Common Council in case of failure or omission to comply with the directions of this chapter, or the conditions of his recognizance. And such ferry keeper during the period aforesaid, when such river is passable, shall not detain any person, or N t any person with his goods, cattle or other property necessary and be detaineq. proper to, be transported, more than fifteen minutes from the time application is made by such person to be ferried over said river with his goods and other property aforesaid; and for every such offence, Penalty. he shall forfeit a sum not exceeding twenty-five dollars and costs of prosecution. SEC. 5. No ferry keeper shall remove his ferry to any other place Ferry oace not to be in said city than that designated in his said application for license, changed. without the permission of the Common Council; nor shall any ferry keeper at any time, permit any gaming for money or other value, or Gaming, &e., suffer any drunkenness, quarreling, fighting, blasphemy, or any rude, prohibited. disorderly or immoral conduct, on any boat or scow engaged or used by him in ferrying said river. And any person offending in the pre- Penalty. mises, on conviction, shall forfeit a sum not exceeding fifty dollars for each offence, and be liable to have his license suppressed and declared void. SEC. 6. The rates of ferriage shall be as follows, to wit: from Rates of fare. the first day of April to the first day of November in each year, for each person twelve and a half cents; for each horse twenty-five cents; for one horse and carriage and persons thereto belonging, not exceeding two, fifty cents; for a carriage and two horses, and persons as 1.3:6 ORDINANCES _AND BY- LAWS TITLXI. last aforesaid, seventy-five cents; for every additional horse, eighteen CHAP'rE! 61. and three-fourths cents; for each head of horned cattle, twenty-five cents, and for each sheep or hog, six cents. And from the first day of November to the first day of April following, for each person, twelve and a half cents; for each horse, thirty-seven and a half cents; for each horse and carriage and persons thereto belonging, not exceeding two, seventy-five cents; for each carriage and two horses, and persons as last aforesaid, one dollar and twenty-five cents; for each additional horse, twenty-five cents; for each head of horned cattle, thirty-seven and a half cents; and for each sheep or hog, six and a quarter cents. Keeperto SEC. 7. It shall be the duty of every person authorized to keep a print a list of rates. ferry within the limits of said city, to cause to be affixed, and at all times to keep, in some conspicuous place near the ferry landing, and in each boat or scow used for the purpose of ferriage, a list of the rates of ferriage; which shall be painted on a board in plain and leg. ible characters, so that it may be seen by the public, and shall be headed thus:': Legal charges for ferriage across the river Detroit, as established by law." And if any person shall neglect or refuse to comply with the provisions of this section, he shall, on conviction, forfeit the sum of five dollars and costs of prosecution, for every day's omission. CHAPTER LXI. Relative to Cabs, Hackney Coaches, Omnibuses and Carriages, 4-c. Cabs, &c., to SECTION 1. The City Clerk may issue a license under the corpobe licensed, rate seal of the city, to any trustworthy person or persons, of the ages of twenty-one years, or upwards, who shall be residents of said city, authorizing such person or persons to keep cabs, hackney coaches, carriages, omnibuses, or other vehicles, for hire, upon such person or persons complying with the provisions of this ordinance, and giving proper security, and upon paying five dollars to the City Treasurer for every cab, hackney coach, carriage, omnibus or other vehicle, authorized to be kept by such license. Such license shall state the number of each cab, coach, carriage, omnibus, or other vehicle allowed to be kept under said license, with the name of the person to whom it OF THE CITY OF DETROIT. 137 is granted, and shall, in all cases, continue in force for the period of TITLTr X. one year next ensuing the date thereof. And no person shall keep or use any hackney coach, cab, carriage, omnibus or other vehicle, for hire, in said city of Detroit, without being licensed as aforesaid; and in case any person shall keep or use any such hackney coach, carriage, cab, omnibus or other vehicle, for hire, without having taken out license for that purpose, as aforesaid, he shall, upon conviction of the Penalty. offence, in the Recorder's Court, pay a fine of ten dollars and costs of prosecution. SEC. 2. Every person to whom a license shall be granted, as pro- Bond given on license vided for in the foregoing section, shall execute a bond to the city of issued. Detroit in the sum of two hundred dollars, with sufficient sureties, to be approved by the City Controller, conditioned that such person will pay all fines, costs, penalties or damages, for which he may become liable on account of the use of any cab, hackney coaches, carriages, omnibuses, or other vehicles kept or used by such person, under his license as aforesaid; and no license shall be of any validity until such bond has been duly executed and filed with the City Clerk. SEC. 3. The prices which may be charged by the owners or drivers Prices. of hackney coaches, cabs, carriages, omnibuses or other vehicles, shall not exceed as follows, viz.: For conveying one person, for each drive less than an hour, twenty-five cents; for conveying two or more persons, for each drive less than one hour, twenty-five cents for each person; for the use of a cab, carriage, hackney coach, or other vehicle, (except an omnibus,) by the hour, to carry not more than four persons inside, at the rate of one dollar per hour: Provided, That children between two and twelve years of age shall be conveyed at one-half the foregoing rates; and infants under two years of age shall be carried free, if in charge of any other person. SEC. 4. When a cab, carriage, hackney coach, or other vehicle shall Price when cab used be used for a longer time than one hour, the owner or driver thereof morethanan hour. shall be entitled to charge and receive from the person or persons using the same, the sum of one dollar for each full hour the same shall have been used; and for fractional parts of an hour he shall only charge and receive at the rate of one dollar per hour, as aforesaid. SEC. 5. For each trunk carried on any cab, carriage, hackney Price for baggage,. coach, omnibus or other vehicle, the owner or driver thereof may 18 138 ORDINANCES AND /EY- LAWS TITLE X CHAPTER 6i. charge and receive the sum of twelve and one-half cents, and no more: Provided, That each person hiring or using any such carriage, cab, omnibus, or other vehicle, shall be allowed to carry thereon any ordinary traveling bag, valise or bundle, weighing less than forty-five pounds, free of all charge. Rates of fare SEC. 6. When a cab, carriage, omnibus, hackney coach or other at night. vehicle shall be hired or used between the hours of eleven o'clock in the evening and five o'clock in the morning, the owner or driver thereof shall be entitled to charge and receive one-half more than the rates prescribed in the foregoing section, and no more. Charge not SEC. 7. In no case shall any person, or any number of persons, to exceed amount al- less than five, be charged for the use of a cab, carriage, hackney lowed for an hour, when. coach, or other vehicle, more than the sum allowed for the use thereof, for one hour, unless the same shall be used more than one hour, although the person or persons using the same may have stopped at several places during the time he, she or they may have been using such cab, carriage, hackney coach or other vehicle. Punishment SEC. 8. A fine of not less than twenty-five dollars, nor more than of cabmen, &c., for-what. one hundred dollars and costs of prosecution, shall be imposed by the Recorder's Court upon the owner or driver of any hackney coach, cab, carriage, omnibus or other vehicle, who shall demand or receive higher or greater prices or rates, for the use of his cab, carriage, hackney coach, omnibus or other vehicle, than those named and fixed by the foregoing sections of this ordinance; and a fine of ten dollars and costs of prosecution shall be imposed by the Recorder's Court upon the owner or driver of the foregoing named vehicles, or any other vehicles used for hire in said city, who shall unreasonably refuse or neglect to convey any person or persons within the bounds of said city, when applied to for that purpose, and being at the time unemployed; and the like fine shall be imposed by said Court upon the owner or driver of either of the foregoing named vehicles, or any other vehicles used for hire in said city, who shall neglect to place upon such vehicle, in a conspicuous place inside, a card, on which shall be legibly printed the number of the license under which such vehicle is used, the name of the owner thereof, and the prices or rates fixed by this ordinance for the use of cabs, hackney coaches, carriages, omnibuses and other vehicles. SEC. 9. All keepers of livery stables within said city shall pay the OF THE CITY OF DETROIT. 139 sum of five dollars to the City Treasurer for every carriage, cab, or IATLE X. other vehicle which they may at any time place on a public stand, or Livery stables to pay $5 run as a public conveyance within said city; and all carriages or toTreasche-r other vehicles placed by any livery stable keeper on a public stand, sCbjeect d provisions of shall be regularly numbered, and subject to all the provisions herein- this ordibefore contained relative to rates or prices of conveyance; and in case any livery stable keeper shall place a carriage or other vehicle on a public stand without paying the said sum of five dollars to the City Treasurer, and placing a number on his carriage or other vehicle, he shall, upon conviction of the offence in the Recorder's Court, be fined ten dollars and costs of prosecution. SEc. 10. No hotel keeper who may keep an omnibus, carriage or Hotelkeepers to pay other vehicle for the purpose of carrying passengers to and from ucences. steamboats and railroad depots, or other plces in said city, shall be permitted to use the same for carrying any person or persons for hire in and through said city, except on taking out a license according to the provisions of section one of this ordinance, and paying the regular fee therefor, and for every violation of the provisions or this section, the person or persons offending, on conviction in the Recorder's Court, shall be fined ten dollars and costs of prosecution. SEC. 11. The Recorder's Court, in its discretion, may order any Recorder's person or persons found guilty of a violation of any of the provisions court mayon violating this of this ordinance, to be imprisoned in the common jail of Wayne oripaoned, imprisoned, county for a term not exceeding ninety days, besides the fines and Reordera orr any three costs hereinbefore authorized; and the Mayor or any three Aldermen Aldermen, may revoke of the city, may at any time revoke the license of any person who license. shall be found guilty of having violated any of the provisions of this ordinance. SEc. 12. In all cases where complaints shall be made by a stran- When oneger or non-resident of said city for a violation of any of the provisions go halfoneto of this ordinance, and the person or persons complained of shall be plainants. found guilty, upon trial in the Recorder's Court, or shall plead guilty, the complainant shall be entitled to receive one-half of the fine imposed upon the person or persons complained of, after the same has been collected and paid to the City Treasurer; and it shall be the duty of the City Treasurer, on receiving such fine, to pay one-half thereof to such complainant, on demand, and take a receipt therefor. SEC. 13. All sleighs, cutters or other conveyances used by persons 140 ORDINANCES AND BY- LAWS TITLE X. for hire, within said city, during the season of sleighing, shall be Sleighs and subject to all the provisions of this ordinance in regard to rates or cutters subject to pro- prices of hire for cabs, carriages, hackney coaches, omnibuses or other visions of this ordi- vehicles. nance. vehicles. SEC. 14. The City Clerk shall keep a register of the names of all Clerk to keep registerof persons licensed according to the provisions of this ordinance, in persons licensed, and which shall be stated the number and date of the license granted to of numbers of vehicles. each person, and the number of cabs, carriages, coaches, omnibuses or other vehicles allowed to be kept or used under each license; and at the time of granting each license, the Clerk shall give to the person or persons taking the same, a number for each of the vehicles allowed to be kept by such person or persons, and also enter such number on his register; and every person taking out a license as aforesaid, shall forthwith place, or cause to be placed, in conspicuous figures, on the outside of the door or doors of each vehicle kept or used under such license, the number given him by the City Clerk, as aforesaid; and in case there are no doors to such vehicle, the number shall be placed on both sides of the box of such vehicle, in a conspicuous place. Any person or persons failing to comply with the provisions of this section, on conviction thereof, in the Recorder's Court, shall be fined ten dollars and costs of prosecution. The Mayor may, at any time, in his discretion, revoke such license granted as provided in the preceding sections of this ordinance. Drivers to be SEC. 15. No persons shall drive any cabs, hackney coaches, carlicensed. riages, omnibuses or other vehicles, licensed to be kept for hire under the first section of this chapter, unless said person shall have been licensed as a public driver, and no person licensed under said first section shall employ any driver who is not licensed, as is required by this section. Any person violating the provisions of this section shall be punished by a fine not to exceed fifty dollars, or by imprisonment not to exceed forty days: Provided, always, That this section shall not be construed to prevent persons licensed under the said first section from driving their own vehicles which they have been licensed to keep. SEC. 16. No person who is not licensed as a driver under the preceding section, or who is not licensed under the said first sec' tion, shall manage, take charge of, procure passengers for, or charge or receive moneys for the use of any cab, hackney coach, carriage, OF THE CITY OF DETROIT. 141 omnaibus or any other vehicles which are plied for hire within said TITLE X. city; neither shall more than one licensed person occupy the top of, Personsnot licensed not or take charge of, or ride in a hackney coach, carriage, cab, omnibus, to take charge of or or other vehicle, when waiting employment at boats or cars, or when,sonit pa,and but one at any time or in any place said hackney coach, cab, carriage, omnibus so licensed to occupy or other vehicles are in actual use carrying passengers for hire. Any hack, &c. person violating the provisions of this section shall be punished by a fine not to exceed fifty dollars, or by imprisonment not to exceed forty days. SEC. 17. Drivers shall be licensed by the City Clerk upon Drivers to presenting to him the written permit of the Mayor and receipt of the hearibeyfore being City Treasurer for the sum of one dollar, and all licenses issued un- licensed. der this chapter shall be in force until the first day of August ensuing the date of their issuance. SEC. 18. Licenses to drivers may be revoked at any time by the Licensesmay Mayor or Common Council of said city, and no person whose license revoked. has been revoked shall be re-licensed without the special consent of the Mayor or Common Council. CHAPTER LXII. Relative to Stands of Public Carriages, 4-c. SECTION 1. That hereafter all hackney coaches, carriages, cabs Placeswhere cabs, &c., to and other vehicles used for carrying passengers, plying for hire within stand. the limits of the city, shall, while waiting for employment, occupy the following stands and no others, that is to say: The centre of Jefferson avenue, from a point fifteen feet easterly of the east line of Woodward avenue, to a point fifteen feet westerly of the west line of Bates street; the centre of Jefferson avenue from a point fifteen feet westerly of the west line of Woodward Avenue, to a point fifteen feet easterly of the east line of Griswold street; the centre of Woodward avenue, from a point fifteen feet northerly of the north line of Jefferson Avenue, to a point fifteen feet southerly of the south line of Larned street; the centre of Woodward avenue, from a point fif. teen feet southerly of the south line of Jefferson avenue, to a point fifteen feet northerly of the north line of Woodbridge street. SEc. 2. All drays, carts, wagons and other vehicles used for the 142 ORDINANCES AND BY-LAWS TITpLEX. transportation of goods, merchandise and other wares, plying for hire CHAPTER 63. Stands for within the limits of the city, shall, while waiting for employment, ocdrays, &c. cupy the following stands, and no others, that is to say: The centre of Jefferson avenue, between Griswold street and Third street; the centre of Jefferson avenue, between Bates street and Brush street; the centre of Woodward Avenue, between Larned street and the Campus Martius; the centre of Woodward avenue, between Woodbridge street and the river: Provided, That none of the said vehicles shall stand within fifteen feet of any cross street. Driver to re- SEC. 3. The driver of any carriage, cart or other vehicle mentionmain on his vehicle. ed in this ordinance, shall, while waiting for employment as aforesaid, remain upon his said vehicle. Vehicles to SEC. 4. The said vehicles, while occupying the stands aforesaid, ccupyf shall stand in the centre of said streets, and in a line parallel with streets, the course of said streets. SEC. 5. Any person violating any of the provisions of this ordiPenalty. nance, shall, for each offence, upon conviction before the Recorder's Court, forfeit and pay a fine of not more than fifty dollars and costs of prosecution. CHAPTER LXIII. Relative to Draymen, Cartmen, Truckmen, Wagoners, &c., 4c. Drays to be SECTION 1. No person shall ply any cart, dray, wagon, truck or licensed. other vehicle within the limits of said city, for hire, without a license. Who may be SEC. 2. No person who has not resided in said city at least six licensed and months, shall be;icensed as a cartman, drayman, truckman or wagoner, without-the special consent of the Common Council; but any person who has resided in said city six months or more, and who shall be deemed by the Mayor or Common Council a proper person, may obtain such license from the City Clerk, by first paying the City Treasurer the sum of one dollar and obtaining his receipt for the same. SEC. 3. No person, licensed under this ordinance, shall assign his Licenses not to be as- license, or permit any person to drive his wagon, cart, dray, truck o other vehicle, without permission of the Mayor or Common Council. OF THE CITY OF DETROIT. 143 SEC. 4. Each person having a cart, dray, truck, wagon or other''TLI X. vehicle, licensed as aforesaid, shall cause the number of his license to Drays, &c., to be numbe conspicuously and distinctly placed upon each side of said cart, bered. dray, truck, wagon, or other vehicle. SEC. 5. The price, to be demanded and received by persons licensed Rates. as above shall not exceed twenty cents for each load, unless drawn more than one mile, when ten cents additional per mile may be added: Provided, always, That it shall be lawful to demand and receive for removing each load of household furniture from one dwelling house to another, the sum of forty cents. Sec. 6. No person shall ask, demand or receive a larger sum Nogreater rate to be than is provided in the foregoing section, for hauling any dray load, asked, unless by agreecart load, truck load or wagon load, within the limits of said city, ment. unless by previous agreement. SEC. 7. No cartman, drayman, wagoner, truckman, or the owner Draymen, or driver of any other vehicle, shall be guilty of any deceit or embez- guity,o zlement in the execution of his duty, or of cruelty to' his own horse, crueltyc' or animals. or that of any other person placed in his charge. SEC. 8. The Mayor or Common Council may at any time revoke Mayor or Common the license of any cartman, drayman, truckman or wagoner, for such Council may revoke cause as he or they may deem sufficient, and no person, whose license causne., for is so revoked, shall again obtain a license within twelve months from the date of such revocation, without the special permission of the Council. SEC. 9. All licenses granted under this ordinance shall expire on When licenses to the first day of August next ensuing the date thereof. expire. SEC. 10. Any violation of the provisions of this ordinance shall Penalty for be punished by a fine not to exceed fifty dollars, or an imprisonment violation of ordinance. of not to exceed three months, or both such fine and imprisonment, in the discretion of the Court. SEc. 11. This ordinance shall take effect and be in force from and after the first day of August next. 144 ORDINANCES AND BY-LAWS TITLE XI. TITLE ELEVEN. CHAPTER 64. OF PLACES OF REFRESHMENT AND RECREATION. CHAPTER LXIV. Relative to Ordinaries and Groceries. Ofthe inter- SECTION 1. No person or persons who may keep an ordinary, nal order of groceries and victualing house or grocery, within the limits of the city of Detroit, ordinaries. nor any person employed by, or acting for him or her, shall at any time knowingly permit any gaming for money, or for other value, within his, her or their premises, or suffer any drunkenness, reveling, quarreling, fighting, blasphemy or any other disorderly or immoral conduct, or keep his, her or their establishment open during any part of the Sabbath, or sell any liquors or beverages prohibited by the laws of the State, or keep open any house at any time after half-past ten o'clock at night; any person or persons offending in the premises, on conviction thereof before the Recorder's Court of the city of Detrolt, shall forfeit and pay for every such offence, for the use of said city, a sum not exceeding one hundred dollars, with the costs of prosecution. Duty of Mar- SEC. 2. It shall be the duty of the Marshal and Constables to noshal and Constables. tice and enquire into all offences under this chapter, and to notify the City Attorney of the same, who, upon such notification, shall cause proceedings against the guilty party or parties to be instituted in the Recorder's Court. CHAPTER LXV. Relative to Ball Alleys, Billiard and other Tables. Keepers of SECTION 1. No person or persons shall keep, or permit to be kept btll alleys in his, her or their premises, within the limits of said city, any ball licensed. alley, or any billiard table, or other tables for the purpose of playing at any game whatsoever, or to allow any person or persons to play at such alley, or such table or tables, unless the person keeping the same OF THE CITY OF DETROIT. 145 has been previously licensed to do so, by the authority of the Corn- TITLE XI. mon Council of said city. SEC. 2. It shall be the duty of any person or persons who may be License, how desirous of keeping any ball alley, billiard table or other table, to obtained. make application to the Common Council of said city for license; and such license may be granted on paying the sum, and on filing the bond hereinafter required; but no such license shall be granted for a shorter period than three months. SEC. 3. No person shall receive such license until he shall have Amount ofl license, repaid to the Treasurer of said city such sum as the Common Council cognizance, may determine for one year, for each and every ball alley, billiard table or other table; the person applying for any such license shall also enter into recognizance to the city of Detroit, himself in the sum of one hundred dollars, with two sufficient sureties, in the sum of fifty dollars, to be taken and acknowledged before the City Clerk, conditioned that such applicant shall well and truly observe and keep all the requirements of this chapter, and shall neither do nor permit to be done anything contrary thereto. SEC. 4. No person licensed as aforesaid, shall at any time permit Premises or suffer any gaming for money or other value, within any ball alley clOsed when, no gambling, or billiard table, or other such establishment kept by him; nor shall &c. any person be guilty of betting or gaming for money or other value therein; nor shall any person so licensed, suffer therein or thereabouts, any drunkenness, quarreling, fighting or any other disorderly conduct, nor keep any such establishment open during any part of the Sabbath, or first day of the week, or after the hour of ten o'clock in the evening, or before the hour of eight o'clock in the forenoon of any day, nor permit to play thereon or thereat, any minor, apprentice or servant, after the parent, guardian, master or mistress of such person shall have notified such keeper not to permit such minor, apprentice or servant to play. SEC. 5. Any person or persons who shall offend against any of the provisions of this chapter, shall, on conviction thereof, be liable Penalty. to a fine not exceeding one hundred dollars and costs of prosecution for each offence, and on conviction a second time, the person so licensed, shall be liable to have his license suppressed and annulled. 19 146 ORDINANCES AND BY-LAWS TITLE XI. CHAPTER LXVI. CHAPTER 66. To Prohibit Gaming within the City of Detroit. Allgames for SECTION 1. That any person or persons gaming for money with money prohibited. cards, dice, billiards, nine or ten pin alleys, wheels of fortune, tables, ball alleys, boxes, machines or other instruments or devices of any kind, in any grocery, store, shop, tavern, street, alley, room or any other place within said city, shall be punished, on conviction thereof, by fine not less than five dollars, nor more than five hundred dollars, or by imprisonment for a period not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court. Penalty for SEC. 2. Any person or persons keeping the building, instruments, keeping Oumie. or means for said gaming, shall be punished by the same fine or imprisonment, or by both, as is prescribed in the preceding section. Implements SEC. 3. Any instrument kept for the purpose of gaming for mofor gaming to be destroyed ney, shall, upon conviction of the person or persons keeping the same, by Marshal. as is prescribed in the preceding section, be destroyed by the Marshal of the city of Detroit, under the order of the Recorder of said city: and if the said Marshal shall refuse or neglect to obey such order, or if he returns to the owner any instrument ordered to be destroyed, or uses, sells, or in any other manner disposes of the same, save in accordance with the said order, he shall be fined two hundred and fifty dollars for each and every offence. Recorder's SEC. 4. If any person shall make complaint before the RecordCourtto issue warrant on complained er s Court of said city, that he suspects, or has probable cause to susof suspicion. pect, that any house or other building is used for the purpose of gaming for money, and that persons resort to the same for the purpose of gaming therein, the said Court shall issue a warrant, commanding the Marshal, or any Assistant Marshal, of said city, to enter into such house or building, and there to arrest all persons who shall be there found playing for money, and also the keepers of said house or build. ing, and to take into their custody all the instruments of gaming there found, and to bring said persons and instruments before said Court, to be dealt with according to law. OF THE CITY OF DETROIT. 147 CHAPTER LXVII. TITLE XI. CHAPTER 67. To Prohibit and Prevent Fraudulent Games. Practices and Devices. SECTION 1. Any person who shall manage, use or practice, or who Punishment for fraudushall attempt to manage, use or practice, or who shall aid in the man- lent games, practices, &c. agement, use or practice of any kind of fraudulent game, device or practice within said city, with the intent to cheat or defraud another, shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars, or by imprisonment not to exceed two years, or by both said fine and imprisonment, in the discretion of the Court. SEc. 2. Whenever any person shall be convicted under the prece- Punishment on third conding section, three different times for separate offences, he shall, for viction. the third offence, receive the extreme punishment provided in said section. SEC. 3. Any person convicted under this ordinance may, in addi- Persons convicted may tion to the punishment herein prescribed, be ordered by the Court to be required enter into a recognizance, with at least one surety, for his good be- security. havior for a period not to exceed one year, and in default thereof may be committed to the county jail of Wayne county, or to any jail, prison, work house or house of correction of said city, there to remain until he shall find said surety, or until he is discharged by due course of law. CHAPTER LXVIII. Relative to Shows, Theatrical Entertainments, 4-c. SECTION 1. Chapter sixty-one of the Revised Ordinances of 1855 is hereby amended so as to read as follows: Sec. 1. It shall not be Sbe licensed.to lawful for any person or persons to make or exhibit any show or shows, or to perform any play or plays, games, theatrical or other performances or exhibitions whatsoever, or to exhibit any natural or other curiosities for which pay or compensation of any kind shall be required, demanded or received, without having previously been licensed so to do, by the authority of the Common Council of the city of Detroit; and any person or persons offending against the provisions of this ordinance shall be liable to a fine of not exceeding two hun- neglect of. 148 ORDINANCES AND BY- LAWS TITLE XL dred dollars for every offence. The Marshal or Deputy Marshal is Marshal or hereby authorized, and it is made his duty, in any case wherein the his deputy to arrest. provisions of this chapter shall be violated, or not complied with, to arrest the person or persons offending against the same, and bring him or them before the Mayor, Recorder or any Alderman of said city, who is hereby authorized and directed to hold such person or persons to bail for his or their appearance at the next ensuing term of the Recorder's Court, to answer any alleged offence in such case:; roProviso. vided, Any such person may be discharged by the Mayor, Recorder or President of the Common Council, upon paying such sum as may be directed in such case to be paid by the Committee on Licenses of the Common Council, and costs. Persons SEC. 2. It shall be the duty of all or every such person or persons wishing to who may be desirous of exhibiting any natural or other curiosities, or to shows, or to perform exhibitions, or any other City lerk. shows, or to perform any games or theatrical exhibitions, or any other games, shows or public entertainments of whatever nature, for which money, pay or any compensation whatever shall be required or received, to make application to the City Clerk for a license; and the said license may be granted by the City Clerk, whenever payment to the City Treasurer has been made of such sum as may be prescribed by the Common Council, or in the absence of any such prescription by the Common Council, such sum as may be prescribed by the Committee on Licenses of said Common Council. SEC. 3. The City Clerk shall be entitled to ask, demand and receive the following prices for all shows, exhibitions, concerts: &c., as hereinafter mentioned, viz.: For the first exhibition of any kind, by itinerant persons or showmen, and not hereinafter specified, - - - $ 5 00 For each subsequent exhibition by the same person or persons and in continuation of a series, - 3 00 For each concert or musical entertainment, the charge for admission to which does not exceed fifty cents, - - 5 00 For each concert or musical entertainment, the charge for admission to which exceeds fifty cents-first exhibition, - 15 00 For each subsequent exhibition, - - 5 00 For all concerts, whether theatrical or otherwise, for which any charge for admission is made, whether ostensibly for refreshments or not, per year, 50 00 OF THE CITY OF DETROIT. 149 For all circuses, menageries or other exhibitions performing TITLE XIr. under canvas —each exhibition, - - - - 25 00 For all shows, usually denominated side shows-each day - 5 00 For all private concerts given in public halls, and admission fee charged,. - 10 00 For all theatres, per year, - - 50 00 CHAPTER LXIX. Relative to the Collection of License Moneys. SECTION 1. It shall be the duty of the Clerk of the city of De- License moneys to be troit to make out all licenses which shall from time to time be granted pai1t before delivery of by the Common Council, but no such license shall hereafter be issued license. or delivered until the sum required for the same has been fully paid to the Treasurer of the city of Detroit. TITLE TWELVE. OF PORTERS, RUNNERS, AND THE ARRIVAL AND DEPARTURE OF BOATS AND CARS. CHAPTER LXX. Relative to Licensing Porters and Runners. SECTION 1. The Mayor of the city of Detroit, for the time being, Porters and shall have power from time to time to issue licenses under his hand runners to be licensed. and seal, to so many and to such persons as he shall think proper, to carry on the business of public porters or runners for hotels, and all omnibus agents, omnibus drivers, and drivers of baggage, and all other persons when acting as porters or runners for hotels; and the Mayor or Recorder, or any three Aldermen of the city, shall have pewer to revoke all or any of such licenses. 150 ORDINANCES AND BY-LAWS TITLE XII. SEC. 2. All such licenses shall expire on the seventh day of April CHAPTER 70. When license next after the date thereof, and may be renewed on application of the to expire. holders thereof. Fees for SEC. 3. For every such license, shall be paid by the person applying for the same, the sum of one dollar, and for every renewal, the same sum. Persons not SEC. 4. No person shall act or engage in the business of a public to act withoutlicense. porter or runner for any hotel, or as an omnibus agent, omnibus driver, or driver of baggage, acting as porters or runners for hotels, withont being duly licensed as such by the Mayor, under a penalty not exceeding five dollars, in the discretion of the Court, and costs of prosecution, for every such offence. Porters and SEC. 5. Every public porter or runner, omnibus agent, omnibus runners, &c., to wear a driver and baggage driver, and all other persons acting as runners badge. for hotels, shall wear a badge on his hat, and in a conspicuous place on his body, on which shall be legibly and plainly engraved or printed, his name and the number of his license, under a penalty not to exceed five dollars, in the discretion of the court, and the costs of prosecution, for each neglect of the provisions of this section. Porters, run- SEC. 6. Every public porter or runner, omnibus agent, omnibus ners, &c., to containing driver or baggage driver, and all other persons acting as porters or his name, &c. in carriage. runners for hotels, shall have on a card or a plate, printed or engraved, his name and the number of his license, and also the prices or rates of fare allowed by law for omnibuses, hackney coaches, &c., in legible characters, which shall be nailed on a conspicuous part of his carriage, omnibus, wagon, sleigh, wheel-barrow or hand cart, under a penalty not to exceed five dollars, in the discretion of the Court, and the costs of prosecution, for every violation of the provisions of this section. Porters and SEC. 7. Every person to whom such licenses shall be granted, shall execute first execute to the city of Detroit, a bond with one or more sufficient bond. sureties, to be approved by the Mayor, in the penalty of five hundred dollars, conditioned that he will conduct himself in a decent and orderly manner while acting as such porter, runner, omnibus agent, omnibus driver, or driver of baggage, when acting as porters or runners for hotels, and in all respects comply with the provisions of this ordinance: Provided, however, That it shall be lawful for such sureties or either of them, to vacate such bond by giving ten days' notice in OF THE CITY OF DETROIT. 151 writing to the Mayor, and in such case the said license shall be an- TITLE XII. nulled and made void, unless other sureties are furnished as above provided. SEc. 8. No porter, runner, omnibus agent, omnibus driver, driver Not to approach withof baggage, or other persons acting as porters or runners for hotels, in twenty feet of boats so licensed as aforesaid, r hall, on the arrival of any steamboat or rail- ad cars, road cars in the city of Detroit, for a period of fifteen minutes thereafter, go upon or approach within twenty feet of the wharf or depot where such steamboat or railroad cars have made fast or stopped running, or are about to make fast or stop running; unless such porter, runner, omnibus agent, omnibus driver, or driver of baggage be requested by a passenger to remove some trunk or other baggage from said wharf or depot, in which case it shall be lawful to go near, in or upon such steamboat or depot for such purpose, under a penalty not to exceed five dollars, in the discretion of the Court, and costs of prosecution, for every such offence. SEc. 9. No person shall act as porter or runner, or omnibus agent, Punishment for acting omnibus driver or baggage driver, when acting as runner or porter for without license. any public house or hotel in the city of Detroit, without being duly licensed according to the provisions of this ordinance, under a penalty not to exceed twenty-five dollars, in the discretion of the Court, for every such offence. SEC. 10. On conviction of any porter, runner, omnibus agent, om- whenlicense forfeited. nibus driver, or baggage driver, or other person acting as porter or runner for any hotel or public house, licensed as aforesaid, before the Recorder's Court, of any violation of the provisions of this ordinance, the Mayor or Recorder shall, in his discretion, be authorized, in addition to the fines hereinbefore provided, to vacate and annul any such license that may then be held by any such porter, runner, omnibus agent, omnibus driver or driver of baggage, and to declare the bond of such person forfeited. SEc. 11. On the forfeiture of the bond of any such porter, run- When City Attorney to ner, omnibus agent, omnibus driver, driver of baggage or other person, put bond in as provided in the preceding section, it shall be the duty of the City Attorney to prosecute the principal and sureties named in such bond for the benefit of the city. 152 ORDINANCES- AND BY- LAWS TITLE XIIT. CHAPTER LXXI. CHAPTER 71. Relative to the Departure and Arrival of Boats and Cars. Carriages not SECTION 1. That no person shall, on the arrival of any railroad to be kept wthid 2ot cars in said city, nor for the period of thirty minutes previously to on arriV of the departure of any railroad cars from said city, have or keep any carriage, wagon, cart or other vehicle within twenty feet of the place where such railroad cars shall have ceased running, or are about to depart from said city. SEC. 2. No person shall, on the arrival of any steamboat or vesragesto sel at any wharf in said city, nor for the period of thirty minutes stand on arrival and thereafter, nor for the period of thirty minutes previously to the dedeparture offoh steamboats. parture of such steamboats or vessels, have or keep any carriage, wagon, cart or other vehicle, within sixty feet of the place where such steamboat or vessel has or is about to be made fast, or depart from said city. Any person violating this or the preceding section, shall, for every violation, on conviction before the Recorder's Court, forfeit a sum not exceeding one hundred dollars and costs of prosecution. Fuorther SEC. 3. All carriages, wagons, carts and other vehicles, the keepregulations. ers whereof are waiting for employment from any railroad cars, steamboats or vessels, shall stand on either side of the street or alley, so as to leave the centre thereof, and access to each house thereon, open and unobstructed, for the free passage of carriages, wagons, carts and other vehicles, and foot passengers. Any person violating this section, shall, for every violation, on conviction before the Recorder's Court, forfeit a sum not exceeding fifty dollars and costs of prosecution. Disorderly SEC. 4. If any person shall, on the arrival or departure of any conduct at boats and railroad cars, steamboats or vessels, at or from said city, or for the cars prohib- I c Ited. period of thirty minutes after the arrival or before the departure of such railroad cars, steamboats or vessels, and within sixty feet of the wharf or depot where such railroad cars, steamboats or vessels have, or are about to stop running, or being made fast, or depart from said city, make, aid, countenance or assist in making, any loud or boisterous noise, disturbance or improper diversion, or shall be guilty of any indecent, immoral or insulting conduct, language or behavior, such person shall, for every such offence, on conviction before said Record OF THE CITY OF DETROIT. 153 er's Court, forfeit a sum not exceeding one hundred dollars and costs TITLE XII. of prosecution. SEC. 5. If any person shall, by any false or deceitful representa- Falserepresentation to tions to any stranger or traveler in said city, induce or prevail on strangers, punishment. such stranger or traveler to go to and put up at any hotel, tavern, grocery or other house of entertainment in said city, such person shall, for every such offence, on conviction before the Recorder's Court, forfeit a sum not exceeding one hundred dollars and costs of prosecution. SEC. 6. It shall be the special duty of the Marshal and all the Duty of officers. Constables of said city, to make complaint of all violations of this chapter. SEc. 7. Nothing contained in the first and second sections of this Teamsters chapter shall be construed to prevent any teamster from hauling freight freighta. to any steamboat or vessel about to depart from said city. SEC. 8. No propeller shall be permitted to approach within fifty feet of any wharf in this city, or lie at any wharf in this city, while be rovided with spark fired up, unless her smoke pipe shall be covered with a good and suf- catchers. ficient spark catcher, or other covering to prevent the emission of sparks or coals from her said pipe; and in case the captain or officers of any propeller shall permit the same to approach or lie at any wharf, contrary to the provisions of this section, he or they shall be Penalty. liable to a fine not exceeding one hundred dollars, to be recovered with costs by prosecution in the Recorder's Court. TITLE THIRTEEN. OF PAUPERS. CHAPTER LXXII. Relative to Paupers and their Support. SECTION 1. If any owner, captain or master of a vessel, or other Vessels not to land person shall, by land or water, bring and leave within the limits of tpaupers. this city, any person or persons, poor and unable to maintain themselves, they shall forthwith, or as soon as may be thereafter, transport 20 154 ORDINANCES AND BY- LAWS T7TLE XIV. the same back to the place whence they were taken; and shall proCHAPTER 73. vide all the necessary means of comfort and subsistence for such paupers, if requested by them or by any citizen, until so transported. Persons SEC. 2. In case of refusal or neglect to provide for such paupers bringing paupersto sup- the necessary means of comfort and subsistence according to the foreport them. going section, and any member of the Common Council, or Director of the Poor, shall make such provision, the same may be recovered back, and may form part of the judgment in a prosecution for a violation of this chapter. Penalty. SEC. 3. Any violation of the two preceding sections of this chapter, may be punished with a fine not exceeding fifty dollars and costs of prosecution. Director of SEC. 4. The Director of the Poor for said city, shall have and expoor, his duties. ercise the same powers and duties, and be subject to the same liabilities and restrictions as the laws of this State prescribe relative to Directors of the Poor in any township of this State; and the laws of this State relative to township and county paupers shall be observed with respect to such paupers in said city; and all suits and prosecutions for violations of such laws, may be brought in the Recorder's Court of said city. TITLE FOURTEEN. MISCELLANEOUS. CHAPTER LXXIII. Relative to Cancelling the Orders, Warrants and Due Bills of the City of Detroit. Treasnrer to SECTION 1. That the City Treasurer shall, without delay, procure ael,&cr. a proper cancelling hammer, such as is ordinarily used by banking institutions, with which he shall immediately cut, mark and cancel every order, due bill, warrant or other evidence of debt, issued by the city of Detroit, or by the Common Council of said city, or under their OF THE CITY OF DETROIT. 155 direction, which now are in the City Treasury; and hereafter the said TITLE XIV. Treasurer shall, as soon as any order, due bill, or warrant, or other evidence of debt heretofore issued, or which hereafter shall or may at any time or times be issued by said city of Detroit, or by said Common Council, or by or under their direction or authority, shall come or be paid into the Treasury of said city, cut, mark and cancel the same with said cancelling hammer. SEC. 2. After the City Treasurer shall have so cut, marked and To keep cancelled warcancelled said orders, warrants, due bills or other evidences of debt, rants. as aforesaid, he shall carefully and safely file and keep the same until the further order or action of said Common Council. SEC. 3. It shall be the duty of the City Treasurer, from and after Torecord the same. the passage of this chapter, to keep a book or record, in which he shall enter as soon as he receives the same, the niumber, date and amount of each and every warrant, order, due bill and evidence of debt, as aforesaid, received into the City Treasury; and whenever the City Treasurer shall report to said Common Council any amount of warrants, orders, due bills or other evidences of debt, as hereinafter provided for, he shall accompany his report with a s(.hedule or list of said warrants, orders, due bills or other evidences of debt so reported, with the number, date and amount of each. SEC. 4. Whenever the City Treasurer shall have in his possession Warrants, one thousand dollars of cut, marked and cancelled warrants, orders, turd&c., to be reone thousand dollars of cut, marked and cancelled warrants, orders, turned to Council and due bills or other evidences of debt, issued or hereafter to be issued, destroyed. as aforesaid, he shall report the fact to the said Common Council, whilst in session, and thereupon, at the same session of said Council, or at the next regular meeting, said Council shall cause said orders, due bills, warrants or other evidences of debt aforesaid, to be carefully examined and checked on the warrant book, in presence of the Council, by a committee of three, to be appointed from time to time by the Mayor, of whom the Clerk shall be one, and the same having been so counted, examined and checked, shall be forthwith burned, or otherwise destroyed, in the presence of the Council, and the amount so destroyed, with the number or other suitable designation of each, shall be entered on the journal of the Council. 156 ORDINANCES AND BY-LAWS TITLE XIV. CHAPTER LXXIV. CHAPTER 74. To Prescribe and Regulate the Speed of Cars and Exgines on Railroads within the limits of the City. SECTION 1. That the rate of speed of engines and cars on railNot to exceed 6 miles roads within the limits of the city shall not exceed six miles per per hour. hour, and any engineer, driver or conductor having charge of an engine, car or train of cars upon any railroad in said city, who shall suffer or cause said engine, car or train of cars to go over said railroad, within said city, at a greater rate of speed than six miles an hour, shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment not to exceed six months, or by both said fine and imprisonment, in the discretion of the Court. SEC. 2. This ordinance shall take effect and be in force five days after its passage. CHAPTER LXXV. Relative to the Powers and Duties of the Assessor and his Assistants. Assessor to SECTION 1. The Assessor of said city shall keep his office in such givebonds. place as shall be designated and provided by the Common Council, and shall give bonds to the city, with sufficient sureties, in the sum of twenty thousand dollars. Assistant SEC. 2. The Assistant Assessors shall be subordinate to the AsAssessor to bendler the sessor, and in all respects subject to his direction. Their compensacompensatn. tion shall be three dollars per day each, and shall be paid on the certificate of the Assessor, setting forth the actual number of days they have been employed in the business of the city. SEC. 3. The Assessor shall, at the end of each and every year, Assessor to furnish to report to the City Clerk a list of all books, stationery and printing City Clerk a list of sta- which will be required in his office during the ensuing year; and shall tionery rehirm.db have power to procure of the contractor for supplying stationery, books or printing to the city, such books, stationery and printing as he may from time to time require; and all bills for stationery, books or printing, thus procured, shall be certified by him, and, upon their OF THE CITY OF DETROIT. 157 presentation, thus certified, the Controller shall draw his warrant TITLpEBXI.V therefor. SEC. 4. The Assessor shall keep in his office a book of accounts Assessor to keep account of all the expenses in his office, and shall report to the Common of expenses Council on the first Tuesday of January in each year, a full and particular statement of said expenses. SEC. 5. He shall keep in his office complete sets of all assessment To keep assessment rolls made by him and confirmed by the Common Council, and said rolls in his office, rolls to assessment rolls, together with all books belonging to the office, and bs open of tax payers. containing any assessment of property, shall be open to inspection in his office by any tax payer of the city. SEc. 6. He may, whenever it is necessary, require the services of City Surveyor to the City Surveyor to aid him in ascertaining the dimensions and assisthim In certain cases. boundaries of any real estate within the city. SEC. 7. It shall be the duty of the Assessor, when directed by To complete rolls when the Controller, to prepare the tax rolls for highway, sewer, school and directedby city taxes of each ward in said city, and when said rolls are completed, the same shall be delivered to the City Treasurer, as provided TOO fiVePn-y ions given by by law, and the said Assessor shall file and keep in his office all opin- ity Attory. ions given him by the City Attorney. CHAPTER LXXVI. Relative to the Disposition of Lands bid in by the City for Taxes or Assessments. SECTION 1. Whenever any lands, bid in for the city under the Treasurer may dispose provisions of section twenty-one of chapter ninth of the revised char- of lands bid in by city in ter of said city, of the year 1857, shall not be redeemed by the owner certain cases. or other persons interested in said lands, within one year from the day on which said lands are so bid in, it shall be lawful for the City Treasurer, and he hereby is authorized, to sell, assign and transfer to any person or persons who shall pay the tax or assessment, together with the costs and charges for which said land was sold, all the interest which the city has acquired in said land by reason of said bid. And he shall give to the person or persons who shall so pay said tax 158 ORDINANCES AND BY- LAWS TITLE XIV. or assessment, together with said costs and charges, a certificate of CHAPTER 77. Treasurer to the fact of such payment, in which certificate the land or lands for give certificate of such which such payment is made shall be particularly described. Controller to SEC. 2. Upon presentation to him of the certificate provided for make trans- fer on presen- in the foregoing section, the City Controller shall, under the seal of ucaerti- the city, execute to the person named in the certificate a full and absolute assignment and transfer of the conveyance or' certificate of sale of the land or lands for which the person or persons named in said certificate of the Treasurer shall have made said payment. Treasurer' to report the SEC. 3. It shall be the duty of the City Treasurer, whenever perfact of purchasers fail- sons bidding for lands at any sale for delinquent taxes or assessments, Ing to make bids, to the shall fail to pay the amount of their said bid, to report the fact to the Council. Common Council. CHAPTER LXXVII. To Provide for the keeping a Record of Lots and parts of Lots, subject to Assessment for Drainage. City Assessor SECTION 1. That it is made the duty of the City Assessor, once to place on assessment in each year, to ascertain and place upon the assessment rolls all lots, rolls yearly all tt drain- premises or subdivisions thereof drained by private sewers, or drains te seers, leading into or connected with any public sewer or drain; and he shall designate on said rolls every lot, premises or subdivisions thereof, on which there is a cellar, and every lot, premises or subdivisions thereof, drained as aforesaid, on which there is no cellar; and also every lot, premises or subdivision thereof on which there is any hotel, tavern, tannery, or any kind of manufactory. CHAPTER LXXVIII. To Define the Powers and Duties of the Marshal and his Assistants. Marshal to be SECTION 1. The City Marshal shall be Chief of the Police of the chief of police, city of Detroit, and all Constables, Policemen, Watchmen and Assistant Marshals, when acting under the ordinances of the city, or the OF THE CITY OF DETROIT. 159 orders and resolutions of the Common Council, shall be subordinate TITLEXIV. to him. SEC. 2. He shall receive and be responsible for the execution of To receive and be reall writs, process, orders, resolutions and proceedings of any nature, sponsible for which may be directed to the Marshal, his Assistants, or to any Con- cess, &c. stable, Policeman or Watchman of the city, under the ordinances of the city, or emanating from the Common Council, and shall report to the Mayor all officers in his department who fail to do their duty. SEC. 3. He shall keep in a book, to be provided for the purpose, To keep a register of all a list of all process, writs, notices and papers of every kind served by papers served by him or his subordinates, and shall receive from the City Clerk, and him, &c.; to receive from file in his office, certified copies of every order or resolution of the antd filerckrtifled copies of Common Council, under which he or they may be required to do any all orders. act, and shall file and keep in his office every opinion given to him by the City Attorney. SEC. 4. He shall, from time to time, appoint one or more of his To appoint Assistants, or any paid Constable, Policeman or Watchman, to attend pid offers the meetings of the Common Council: Provided, That he shall ap- nclLscIf. point no officer to perform that duty who is not in the receipt of a regular compensation from the city. SEC. 5. He shall receive and be the medium of all the lawful or- To receive orders from ders of the Mayor, relating to the Police, or requiring the services of Mayor relative to police. any of his subordinates, and shall possess the immediate control of the operations of the Police. SEC. 6. He shall aid in the suppression of all crime and detection To see that all ordinances of all offenders within the limits of the city, and shall see that all or- are enforced. dinances of the city shall be strictly enforced. SEC. 7. He and his Assistants, and all Constables, Officers, Police To wear a badge and Watchmen of the city shall wear a metallic badge in some con- marked,, "Police." spicuous place upon their persons, on which shall be marked, in legible characters, the word "Police." SEC. 8. He shall serve all papers and notices of every kind rela- To deliver all official pating to the business of the city, and delivered to him by the Mayor, pers entrustCommon Council, Controller, City Attorney, City Clerk, City Treasurer, and Committees of the Council. SEC. 9. For the purpose of enforcing the Police regulations rela- ClerksofMarket ex-officio tive to the public markets, the Clerks of Markets within the city are epty Marhereby made ex-officio Assistant Marshals for that purpose, and shall, 160 ORDINANCES AND BY-LAWS TITLE XIV. under the direction of the Marshal, have power to arrest all persons CHAPTER 79. Proviso. offending against said regulations: Provided, That said Clerks shall receive no fees or compensations for services rendered under this section, and that they shall have no other or further power than to arrest in the cases herein specified. SEC. 10. The Marshal shall notify Aldermen of all special meetMarshal to notify Alder- ings of the Common Council, and shall deliver to officers of the city men of special meet- all resolutions, papers and proceedings which shall be delivered to him ings. for that purpose by the City Clerk. May direct SEC. 1 1. He shall have power to direct his Assistants and all subhis subordifoesto per- ordinate officers, who are paid out of the City Treasury, to perform duties. any of the duties which are herein devolved upon him. To give SEC. 12. He shall give bonds to the city in the sum of two thousbondsntd and dollars, and shall, at the end of every quarter, account under Controller quarterly. oath to the City Controller, for all moneys which have passed through his hands and belong to the city, save fines, penalties and fees collected in the Courts. To make an- SEC. 13. He shall, on the first Tuesday of January in each year, nual report. report in writing, to the Common Council, the number of subordinates who have acted in his office during the year, the nature of their duties, and the amount of compensation; also, the general operations of his office during the year, and such other matters as he deems proper. To visit SEC. 14. He shall, in addition to the above powers and duties, police stations seml- visit, at least twice in each week, each and every station or place weekly. where any Policeman or other officer of the city is stationed, and see that said Policeman or other officer is faithful and diligent in the performance of his duty; and if he shall find any such Policeman or officer absent from his place or station, without proper excuse, he shall report the same to the Mayor. CHAPTER LXXIX. Relative to Weights and Measures. SECTION 1. That the provisions of chapter thirty-one of the Revised Statutes of the State of Michigan, of the year 1846, relative OF THE CITY OF DETROIT. 161 to Township Clerks, shall be, and hereby are, made applicable to TITLE XIV. the Sealer of Weights and Measures in and for said city of Detroit, Chap.31 R.S. madeappliand the said Sealer of Weights and Measures shall perform the same cable toSealer of Weights duties, at the same time, and in the same manner, and receive the and Measures same compensation therefor, as are enjoined and permitted in said chapter upon and to said Township Clerks. SEC. 2. Any person who shall resist the Sealer of Weights and Penalty for resisting Measures in the performance of his duty. either by refusing him ad- Sealer of Weights and mittance to the house, store or other place where the weights, scales, Measures. beams and measures of said person are kept, or may be, or by refusing to produce, or secreting said weights, scales, beams and measures, or by assaulting or in any manner preventing said Sealer of Weights and Measures, shall be punished by a fine of not more than one hundred dollars, or by imprisonment not to exceed ninety days. SEC. 3. Any person who shall, for the purpose of buying and sell- Penalty for using false ing, use beams, scales, weights or measures which are not in accord- eights Sand measures, &c. ance with the standard fixed by law, having knowledge of the same, shall, upon conviction thereof, be punished for the first offence by a fine of ten dollars or ten days' imprisonment, and for each subsequent offence by a fine of fifty dollars or by thirty days' imprisonment, or by both, in the discretion of the Court. CHAPTER LXXX. Relative to the Imprisonmeent of Offenders. SECTION 1. That whenever, by the terms of any ordinance of said Powers of city, it is provided that any person convicted of an offence shall be Court relattve to perimprisoned, said person may be confined either in the county jail of sons cdoenrhte city ordithe county of Wayne, or in any jail, workhouse, house of correction nances. or alms house of said city, in the discretion of the Court. 21 162 ORDINANCES AND BY- LAWS TITLE XIV. CHAPTER LXXXI. CHAPTER 81. To Prescribe and Define the Duties of Standing Committees. SECTION 1. That the following shall be the duties of Standing Committees of the said Common Council, to wit: Committee 1. The Committee on Claims shall examine into and report upon on Claims to examinall all matters of account or claim, either in favor of or against said city. Committee 2. The Committee on Ways and Means shall examine into and reon Ways and Means to re- port upon all such matters relative to the revenue of the city, as shall allmttne of be referred to them; they shall inquire into the state of the city debt, finance. the revenue, and the expenditures of the city; and whether any or what retrenchment can be made with advantage; and shall report, from time to time, such provisions and arrangements as may be promotive of order, economy and accountability in the conduct of the fiscal concerns of the city. They shall examine into and report upon the efficiency of all official bonds, and all such matters not constituting a claim against the city, as shall be referred to them, and shall, with the City Controller, make and report the estimates for the yearly expenditures. Committee 3. The Committee on Streets shall examine into and report upon on Streets all matters rela- all such matters as may be referred to them relative to streets, alleys tive to walks, &c., &c. and sidewalks within the city, and shall, at the end of each year, report to the Common Council what improvements of any nature will be needed upon the streets, alleys and sidewalks of the city, during the ensuing year, and an estimate of the expense of the same. Health all 4. The Committee on Health shall examine into and report upon matters rela- all matters relating to or in any way affecting the public health, which tive to public heath. shall be referred to them; and it shall be their duty to report, from time to time, to the Common Council, such plans and suggestions relative to the cleanliness and health of the city, as they may deem proper. 5. The Committee on Fire Department shall examine into and reFire Dep't all matters rela- port upon all matters connected with the Fire Department of the city tive thereto. c and the suppression of fires, which may be referred to them, and shall, at the end of each year, report to the Common Council an estimate of all the expenses which will be necessary for the operation of the Fire Department of the city during the ensuing year. OF THE CITY OF DETROIT. 163 6. The Committee on Hydraulics shall examine into and report TITLE XIV. upon the condition of the Hydraulics of the city, whenever so directed Hydraulics all matters by the Common Council; and to them shall be referred all reports relative to and communications from the Board of Commissioners of the Water Works. 7. The Committee on Markets shall examine into and report upon Markets all matters relaall matters connected with the public markets, which may be referred tiae to public to them. 8. The Committee on Taxes shall examine into and report upon all Taxes matters relative questions brought before the Common Council concerning taxes, which to taxation. may be referred to them. 9. The Committee on Printing shall examine into and report upon Pmrintinge all matters connected with the city printing, which may be referred to tive thereto. them. They shall also, at the end of the year, report to the Common Council an estimate of the expense necessary for the city printing in the ensuing year. 10. The Committee on Gas Lights shall report upon all matters GasLights, all things relconnected with the lighting of the city, which may be referred to ativeto street them. To them shall be referred all reports of the Gas Company; and they shall, at the end of each year, report to the Common Council the number, location and cost of lights which will be necessary in the ensuing year. 11. The Committee on Public Buildings shall examine into and PublicBurild report upon the condition of all buildings belonging to the city; all tgsobwnLed questions and plans for repairs, erection and construction of public by city. buildings, shall be referred to them; and they shall, at the end of each year, report to the Common Council the estimated expenses of their department for the ensuing year. 12. The Committee on Parks shall examine into and report upon Parks, relathe condition of all public parks; upon the improvements, adornment and protection thereof; and shall, at the end of each year, report the estimated expenses of their department during the ensuing year. 13. The Committee on Sewers shall examine into and report upon Sewers, to examine all all questions connected with the construction of sewers which may be matters relareferred to them. 14. The Committee on Licenses shall examine into and report Licenses, all matters relaupon all questions connected with licenses, which may be referred to tive to licensethem them. 164 ORDINANCES AND BY-LAWS TITLE XIV; SEC. 2. Every committee, in the discharge of their duty, may reCommittees quire the services of any officer of the city, whose duties are in any may require the services manner connected with the subject under investigation by the comof any officer. mittee. Committees SEC. 3. No committee shall exercise any executive functions, nor not to make contracts. perform any duty save that usual to legislative bodies; nor shall they in any case order the doing of any work, or the cessation thereof, enter into any contract, or change or vary one already made; and any act performed by them, which is unauthorized by this ordinance, shall be null and void. Matters to be SEC. 4. The Common Council shall always refer matters to the referred to the appro- appropriate committee; nor shall any matter be referred to a commitpriate committee. tee which does not directly relate to the department which that committee has been appointed to. CHAPTER LXXXII. Relative to the taking of Testimony before Committees. Chairman of SECTION 1. That the presiding officer of any board, or the chairany committee mayissue man of any committee of the Common Council, who are engaged in subpoenas and compel the consideration, or to whom have been referred the investigation of the attendance of witnesses. any claim for damages, money or recompense against said board, or against the city, may issue subpoenas under their hands, and sealed with the corporate seal of said city, directed to any person whom said board or committee deem necessary as a witness in any matter pending before them, and ordering said person to appear before said committee or board at such time and place, and to testify concerning such matter or thing, as in said subpoena shall be designated. May issue SEC. 2. If the person so subpoenaed shall fail to appear at said attachment. time and place, an attachment shall be issued to compel his appearance, which attachment shall be signed and sealed, as is provided for subpoenas in the preceding section. Party mak- SEC. 3. The person or party making such claim shall be entitled ing claim to be heard. to a hearing before said b')ard or committee, and to process to compel the appearance of witnesses in his behalf. SEC. 4. The Marshal or Assistant Marshals of said city shall serve OF THE CITY OF DETROIT. 165 all process issuing under this ordinance. Said process shall be served TITLE XIV. in the manner like processes are served in courts of Justices of the Marshalor deputy to Peace, and shall be returned to the presiding officer or chairman issu- serve proing them: Provided, always, That in case of the absence of the chairman of any committee, the person whose name appears next to his in the order of appointment of said committee, shall act as chairman, and may issue all process herein provided for. SEC. 5. The statements of all persons concerning any such claim, Statement of parties to be made before any board or committee, as herein provided, shall, in all under oath. cases, be taken under oath, and reduced to writing by the chairman of said committee, or the presiding officer of said board, and signed by the person making the same, which statement, so signed, shall be returned by the chairman of said committee to the City Attorney, who shall file and preserve the same in his office, subject to the order of the Common Council. CHAPTER LXXXIII. Extending the Limits of the Third Ward. SECTION 1. That the limits of the Third Ward of said city shall Boundaries. be, and hereby are extended to Gratiot street, by adding to said Third Ward, and incorporating as part of the same all that portion of the Sixth Ward in said city bounded as follows, to wit: On the south by Croghan street, on the west by Randolph street, on the north by Gratiot street, and on the east by St. Antoine street, and by a line on the course of St. Antoine street,if extended from Clinton street to Gratiot street. SEC. 2. Nothing in this ordinance contained shall be construed to affect the basis of taxation in the Sixth or in the Third Ward, aforesaid, during the present year, or to affect or remove from office any officer continued in office by the Revised Charter of the present year, during the time for which said person is so continued in office. 166 ORDINANCES AND BY- LAWS TITLE XIV. CHAPTER LXXXIV. CHAPTER 84. Relative to Sidewalks on Jefferson and Woodward Avenues, and Griswold Street, from Atwater Street to Michigan Avenue. SECTION 1. That hereafter, all sidewalks laid down on Jefferson Sikewalks on Jefferson Av. avenue, between Third street and Beaubien street, in said city; on and other streets to be Woodward avenue, between Grand River street and the Detroit river, flagged. in said city; and on Griswold street, from Atwater street to Michigan avenue, in said city, shall be constructed of stone flagging, and of no other material. Dimensions SEC. 2. The flags used in the construction of said sidewalks shall used. be at least forty-eight inches in length, twenty-four inches in width, and four inches thick. Expenses, SEC. 4. The expense of constructing said sidewalks shall be dehow defrayed frayed in the same manner in which the expense of constructing plank sidewalks is now defrayed; and all ordinances and parts of ordinances relative to the manner of constructing and of making assessments for the construction of sidewalks are hereby made part of this ordinance, except so far as they relate to the material of which said sidewalks shall be constructed. CHAPTER LXXXV. To Regulate the Width of Sidewalks on Wayne Street. Width of SECTION 1. That the sidewalks on both sides of Wayne street, in sidewalks on Wayne st., said city of Detroit, shall, and hereby are directed to be made and (portion of.) maintained the width of twelve feet, from Fort street to Michigan avenue. CHAPTER LXXXVI. Relative to the Sale of Cattle in the City of Detroit. No cattle to ISECTION 1. It shall not be lawful for any person or persons to sell be offered for sale in sts. or offer for public sale any horse or neat cattle, sheep or hogs, in any of the streets, lanes or alleys of said city, lying at a greater distance OF THE CITY OF DETROIT. 167 than three hundred feet from one or the other of the public wood TCITLE X V. yards; and any person or persons who shall expose or offer for sale any horse or neat cattle in any street, lane or alley without or beyond said limits, shall, for each offence, upon conviction thereof, pay Penalty. a fine of five dollars and costs of prosecution. SEC. 2. The Clerk of the Hay Scales shall have the right to des- Clerks of hay scales to designate the place where horses or neat cattle may be exposed for sale; igneate place and the Clerks of both Hay Markets aforesaid are hereby clothed &c., be sold. with the power of Assistant Marshals, for the purpose of enforcing this ordinance and all other ordinances relative to the sale of cattle in said city. SEC. 3. The Clerks of said Hay Scales shall be entitled to de- Whatsum clerks may mand and receive from the owners or parties in charge of horses ask and receive from or neat cattle offered or exposed for sale as aforesaid, ten cents charge of cattle, for each and every horse and head of neat cattle so offered or exposed for sale, which sums, with costs of prosecution, may be recovered before the Recorder's Court. SEC. 4. The Clerks of said Hay Scales shall keep a just and true Clerks to keep an acaccount of all moneys received by them by virtue of section three, count of receipts and and shall render said account to the Treasurer of said city, at least account for once in each month, and pay over to said Treasurer one-half of the whole amount of said receipts, and the remaining half the said Clerks shall be entitled to retain for their services in the premises. SEc. 5. Hereafter, no person offering or exposing for sale, within said city, a cow having a sucking calf, shall muzzle said calf, or in any ualvks not to be muzzled. manner prevent said calf, when so offered or exposed for sale, from taking its natural nutriment from its mother; and any person violating the provisions of this section shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months. 168 ORDINANCES AND BY- LAWS AN ORDINANCE to give effect to the Compiled Ordinance of eighteen hundred and fifty-nine. It is hereby ordained by the Common Council of the City of Detroit, SEC. 1. That the edition of the Ordinances of the City of Detroit, compiled and published under the direction of the City Clerk agreeable to and in accordance with the report of the Committee on claims and accounts, adopted May 31, 1859, unanimously shall be called " The Compiled Ordinance of the City of Detroit for the year 1859:" and the same, together with this Ordinance, shall take effect and go into operation from and after the first day of October, A. D., 1859. SEC. 2. All by-laws and ordinances, or parts of by-laws and ordinances, repugnant to, or in any manner inconsistent with, the edition of Ordinances so arranged and published by the said City Clerk as aforesaid, shall be repealed from and after the taking effect of the said compiled ordinances arranged and published by said City Clerk. SEC. 3. The repeal provided for in the preceding section, shall not affect any act done, or any right accruing or accrued, or established, or any suit had or commenced for any purpose whatever, before the time when such repeal shall take effect; nor shall any offence committed, or penalty or forfeiture incurred, under any of the ordinance or by-laws repealed by the preceding section, and before the time when such repeal shall take effect, be affected by such repeal. SEC. 4. No suit or prosecution, pending at the time of the said repeal, for any offence committed, or for the recovery of any penalty or forfeiture incurred, under any of the ordinances or by-laws repealed as provided for in section three, shall be affected by such repeal, except that the proceedings in such suit or prosecution shall be conformed, when necessary, to the provisions of said compiled ordinances. SEC. 5. All persons who, at the time when the said repeal shall take effect, shall hold any office under any of the ordinances or bylaws so as aforesaid repealed, shall continue to hold the same according to the tenure thereof. SEC. 6. No ordinance or by-law, which has heretofore been repealed, shall be revived by the repeal provided for in section three. SEC. 7. Whenever an ordinance or by-law, or any part thereof, OF THE CITY OF DETROIT. 169 shall be repealed by a subsequent ordinance or by-law, such ordinance or by-law, or any part thereof, so repealed, shall not be revived by the repeal of such subsequent repealing ordinance or by-law. SEC. 8. All ordinances and by-laws hereafter to be passed by the Common Council shall be promulgated by being printed in such manner as the Common Council shall direct; and every ordinance or by-law which does not expressly provide the time when it shall go into operation, shall take effect on the fifth day after the same has been passed. SEC. 9. This ordinance shall take effect and be in force from and after the first day of October, A. D. 1859. Ordained and dated in Common Council the first day of October, 1859. JOHN PATTON, Maliyor. Attest: FRANCIS W. HUGHES, City Clerk. At a session of the Common Council of the city of Detroit, held on the thirty-first day of May, 1859, the following report of the Committee on Claims and Accounts was unanimously adopted: Report.-As the compilation of the ordinances for the last two years does not meet the necessities of the case, that the City Clerk be authorized to procure the revision, compilation, indexing, and printing of all the existing ordinances, and binding of the same in a suitable form, subject to the approval of the Council. JOHN PATTON, Mayor. Attest: FRANCIS W. HUGHES, City Clerk. I N D E XA. ATTORNEY, powers and duties of........................-.... 1... 1 ASSESSMENT AND COLLECTION OF CITY TAXES, relative to... 24 ANCHORING AND MOORING VESSELS IN DETROIT RIVER,.... 61 ASSESSOR AND ASSISTAN TS; powers and duties of................ 156 B. BUILDINGS, numbering of......................................... 59 BREAD, manufacturing and sale of —relative to........................ 81 BUILDINGS, erection of, (certain,) prohibited within certain limits...... 105 BREACHES OF PEACE AND DISORDERLY CONDUCT, relative to. 116 BALL ALLEYS, Billiard, and other tables, relative to.................. 144 BOATS AND CARS, arrival and departure of —relative to............. 152 C. COLLECTORS, relative to.......................................... 5 resistance of, to punish. 7 CITY HISTORIAGRAPHER, relative to............................ 10 COLLECTO It, CITY, AND SPECIAL ASSESSMENTS, relative to.... 11 CHIMNEY SWEEPS, relative to.. 15 CROSS, SIDE-WALK, &c., resolution confirming, &c.. -............ 40, 41 CLEANING STREETS, relative to...............................X 53 CELLARS, digging, relative to............. 57 CABS, COACHES, OMNIBUSES, & CARRIAGES, relative to........ 136 CARTMEN, DRAYMEN, TRUCKMEN, &c., relative to............... 142 CITY WARRANTS, DUE BILLS, how to be cancelled,................ 154 COMMITTEES, (testimony taking of,) before......................... 164 CATTLE, (sale of) in the city-to regulate............................ 166 D. DECLARATION OF TAX SALE, form of.......................... 31 DRAINS, PUBLIC, PRIVATE, AND SEWERS,.,.....63, 66 DRUNKEN AND DISORDERLY PERSONS & VAGRANTS, to punish 117 DOGS, relative to................................................... 13t INDEX. F. FORCIBLE ENTRY AND DETAINER............................. 42 FORESTALLING, relative to.........................-........ 76 FIREWOOD, sale and inspection-relative to. -.............. 87 FIRE DEPARTMENT, relative to,.........-....... 90 FIRES, prevention of......-.....-..-....-. 98 FERRIES, relative to.-. —-........................................ 134 FRAUDULENT GAMES, practices, &c., to prohibit................... 147 G. GOODS AT AUCTION, sale of-relative to........................... 80 GRAVE YARDS, relative to......................................... 110 GROCERIES AND ORDINARIES, relative to...... -............. 144 GAMING WITHIN THIE CITY, to prevent,.......................... 146 H. HAYAINDECENT EXPOSTRAE OF PERSON, saleto preventto.................... 79 iNDECENT EXPOSURE OF PERSON, to prevent................ 118 INDECENT AND OBSCENE BOOKS AND PICTURES, to prevent the show, sale, or exhibition of.. 119 ILL-FAME AND DISORDERLY HOUSES, relative to-..... 119 INJURIES TO PUBLIC PROPERTY, relative to..-................ 120 INJURIES TO RESERVOIRS, do...................... 121 J. JURORS, manner of drawing in the matter of draining wet and low lands 113 L. LANDS SOLD FOR TAXES AND ASSESSMENTS, relative to...... 28 LOTS SOLD FOR TAXES, manner of obtaining possession of.......... 42 LATERAL SEWERS OR DRAINS, relative to....................... 67 LIQUORS AND PROVISIONS, (unwholesome,) relative to-.......... 80 LOW GROUNDS AND SLUICES, relative to........................ 112 LICENSE MONEYS, collection of.................................. 149 LANDS BID IN BY THE CITY FOR TAXES OR ASSESSMENTS, disposition of....................................... 157 1M. MEAT BY THE QUARTF R, sale of-relative to.. -.-. 77 MARKETS, Clerks of, duties and powers............................. 83 MARSHAL AND ASSISTANTS, powers and duties of.............. 158 N. NUISANCES, to prevent, and removal.............................. 17 NIGHT WATCH, relative to......................................... 121 INDEX. iii 0. OBSTRUCTIONS OF ANY KIND NOT TO BE PLACED ON SIDEWALKS, -......-.. —... 53 OFFENDERS, imprisonment of-relative to........................... 161 ORDINANCE to give effect to Compiled Ordinance of 1859,. 178 P. PUBLIC MARKETS, relative to......................... —-........ 72 PEACE AND QUIET OF CHURCHES, relative to.-................. 117 POUND MASTERS AND PUBLIC POUNDS, relative to -.-.-...... 128 POUND KEEPERS AND FENCE VIEWERS, relative to..-........ 132 PUBLIC CARRIAGES, &c., where to stand,.-.,.......... 141 PORTERS AND RUNNERS, how licensed,.-....................... 149 PAUPERS, support of-relative to. ---—....-..... ----—. 153 Pa. RETURNS OF COLLECTORS, forms of.-................. -....... 27 RIOTS, ROUTS, AND DISORDERLY NOISES, &c. &c., to prevent... - 118 RECORDER'S COURT, process and proceedings in and recovery of fines, 123 to establish fees in. —---------------- 126 to establish fees of Constables in, ----------—, 127 RECORD OF LOTS OR PARTS OF LOTS, subject to assessment for drainage, to be kept, and by whom,-...... 158 S. STREET COMMISSIONERS, powuers and duties of................... 7 SURVEYOR, (City,) relative to....... 9 SIDE WALKS, AVENUES, OR STREETS, paving of and construction of cross-walks,.-.-................................ 32, 33 SIDE WALKS, (plank,)..................... - -.35 STREETS AND AVENUES, Cross-walks, repairs.-........... 37, 38, 39 STREETS AND ALL EYS, relative to the use of.................... 43 Same as amended, ------------------------------------------ 48 SIDE-WALKS, width of.-....................... 53 SNOW TO BE REMOVED FROM WALKS, -.................. 55 SIGN AND AWNING POSTS, relative to............................ 56 SEWER COMMISSIONERS, powers and duties of -.............. —. 69 SMALL POX, relative to. —----------------- ------------------- 109 SEWER POOLS, opening and cleaning of-to provide for ---------- 115 SHOWS AND THEATRICAL ENTERTAINMENTS, to regulate- - 147 SPEED OF CARS AND ENGINES OR RAILROADS within the city, to regulate.-....-.. —-------------- 156 STANDING COMMITTEES, powers and duties of...-...... —....... 162 SIDE WALKS on Jefferson and Woodward Avenues and Griswold street from Atwater street to Michigan avenue, relative to............. 166 iv INDEX. T. TAX SALE, notice of-.-.-.-.-.-.-........................... -—. 30 THIRD WARD, extending limits of.-............................... 165 W. WARRANTS, forms of..................................... 13, 14. 15, 26 WHARVES, relative to-.-.-.-.-. —--------------- --------------—. 60 WOODCOCK, sale of..-........................................... 78 WEIGHTS AND MEASURES, relative to.......................... 160 WAYNE STREET, (sidewalks on) to regulate width of................ 166