W'Hd.Hhrt ' iH'l UNIVERSITY OF CALIFORNIA AT LOS ANGELES 5f: THE CHHRTER -OF THE- CITY of DETROIT^ "552.: 5?) — AND — ^.cts of Tlie Legfislatiare RELATING TO THE SEVERAL BOARDS, COMMISSIONS AND COURTS -OF THE — CITY OF DETROIT, — TOGETHER WITH- THE GENERAL ELECTION LAWS. Compiled under the direction of JOHN J. SPEED, City Counselor, by order of the Common Council DETROIT: THOS. SMITH PRINTING Co., CITY PRINTERS, 1393- ^S3 THE CHARTER city or Detroit. CHAPTER I, An Act to provide a Charter for the City of Detroit, and to repeal all acts and parts of acts in conflict therewith. Approved June Jlh, iSJj ,' given effect July 1st, iS8j. INCORPORATION I CITY AND WARD BOUNDARIES. Chapter 1. (§ 1.) Section 1. The People of the State of Michigan, enact: Corporation. That inhabitants of the city of Detroit shall continue to be one body politic and corporate, under the name and style of the city of Detroit; Name and powers of and as such shall have, exercise and enjoy such powers of a local, legislative and administrative character as are conferred by this act, or by the general laws of the State of Michigan, and shall also eojoy such implied and incidental powers and rights as are possessed by municipal corporations in this State. 6 9 3 7 5 JUL 25 1900 21 HP.B2 CHARTER OF THE CITY OF DETROIT. Incorporation: Citj ind Ward Boundaries Legislative and (R 2.) Si;c. -J. The powers of local Government possessed by Administrative * J Departments. sa j t j oitv , uv (jivided into two departments, the legislative and ad- ministrative. No person or body belonging to one department shall exercise powers properly belonging to the other, except in cases ex- pressly provided in this act. (ij 3.) Sec. 3. The territorial limits of said city of Detroit shall Boundaries. include all that tract of country in the county of Wayne, bounded and described as follows : Begiuuing at the intersection of the national boundary line in the Detroit river, with the easterly line of private claim number two hundred and fifty-seven extended, running thence northerly along the easterly line of said private claim number two hundred and fifty-seven and along the easterly line of the back con- cession to said private claim numbered two hundred and fifty-seven to the center of the Butler road, so called; thence westerly along the rear lines of private claims to the center of St. Charles avenue; thence northwesterly along the center of St. Charles avenue to the center of Strong avenue; thence along the center of Strong aveuue, westerly and northwesterly, to the intersection of the center line of Mt. Elliot avenue extended; thence westerly along a lir.e parallel with the northerly line of the Boulevard to the easterly line of St. Aubin avenue; thence northerly along said easterly line of St. Aubin avenue, and St. Aubin avenue extended, to a point in fractional section thirty- nine, town one south, of range twelve east, said point beiDg two hundred and thirty-three feet northerly of the southerly line of said quarter section thirty-nine; thence westerly on a line parallel with the southerly line of said quarter section thirty-nine, and being two hundred and thirty-three feet northerly of the southerly line of said quarter section thirty-nine, to a point two hundred and thirty-three feet easterly of the center line of Oakland avenue, so-called; thence northerly oq a line parallel with said center line of Oakland avenue and Oakland avenue extended, and two hundred and thirty-three feet CHARTER OF THE CITY OF DETROIT. Incorporation: City anp Ward Boundaries. Chapter 1 easterly thereof, to a point indicated by and intersecting the easterly Boundares. and westerly center line of quarter section twenty-three of the ten thousand acre tract in Hamtramck township; thence westerly from said last mentioned point along the center line of quarter sections twenty-three and twenty-four of the ten thousand acre tract in Ham- tramck township, across Woodward avenue, so-called, and along the center line of quarter sections twenty-five and twenty-six of the ten thousand acre tract in Greenfield township, to a point two hundred and fifty feet westerly of the center line of Crawford street, so-called, extended; thence southerly on a line parallel with the center line of Crawford street extended and two hundred and fifty feet westerly thereof, to a point in quarter section thirty-five of said ten thousand acre tract, two hundred and thirty-three feet northerly of the center line of the Williams road, so-called; thence westerly on a line parallel with the center line of the said Williams road, and two hundred and thirty-three feet northerly thereof, to the easterly line of Twelfth street; thence southerly along the easterly line of Twelfth street to a point two hundred and twenty-four and three-fourths feet northerly of the northerly line of the Boulevard; thence westerly on a line parallel with and two hundred and twenty-four and three-fourths feet northerly of the northerly line of the Boulevard, to a point in section fifty-two of the ten thousand acre tract, said point being two hundred feet west of the west line of the Boulevard in section two, town two south, range eleven east extended north; thence south on a line two hundred feet west of and parallel with the west line of said Boulevard to the northerly line of the private claims; thence westerly on the rear of the northerly line of the private claims to the westerly line of back concession, private claim thirty; thence westerly in a direct course to the easterly line of private claim two hundred and sixty-six; thence southerly along the easterly line of private claim two hundred and sixty-six to the southerly line of Toledo avenue; thence westerly along CHARTER OF PHE CITY OF UKTROIT. [NCOS 'ORATION ClTI AND WARD Bol NDARIES. Ward Boundaries. First Ward. Second Ward. Third Ward. Fourth \V;ird the southerly line of Toledo avenue to the westerly Hue of Livernois avenue; thence southerly along the westerly line of said Livernois avenue to the northerly line of the Dix road; thence westerly on said northerly line of said Dix road to the westerly line of Artillery avenue extended: thence southerly along said westerly line of Artillery avenue extended to tlie national boundary line in the Detroit river, and thence along the national boundary line in the Detroit river up stream to the place of beginning; and also all that parcel of land situated in the Detroit river and known as Belle Isle. (As amended by Act approved May 13th, 1891.) (§ 4.) Sec. 4, The said city is hereby divided into the follow- ing wards: First, The first ward shall consist of all that part of the city l>ing between the center lines of Woodward avenue and Beaubien street, and the said lines extended northerly and southerly to the city limits. Seco?id, The second ward shall consist of all that part of said city bounded on the east by the center line of Woodward avenue, and on the west by the center line of First street, from the Detroit river to the center line of Grand River avenue, up Grand River avenue to the center line of Second street, and along the center line of Second street, and the said lines extended northerly and southerly to the city limits. Third, The third ward shall consist of all that part of said city lying between the center lines of Beaubien street and Hastings street, and the said lines extended northerly and southerly to the city limits. Fourth, The fourth ward shall consist of all that part of said city lying between the westerly boundary line of the second ward, above described, and the center line of Crawford street, from the northerly city limits to the center line of Grand River avenue, thence through Grand River avenue to the center line of Fifth street, and down the center line of Fifth street, and the said lines extended northerly and ' lierly to the city limits. CHARTER OF THE CITY OF DETROIT. Incorporation-: City and Ward Boundaries. Fifth, The fifth ward shall consist of all that part of said city lying Fifth Ward - between the center lines of Hastings street and Russell street, and the said lines extended northerly and southerly to the city limits. Stxth, The sixth ward shall consist of all that part of said city sixth Ward, lying between the west boundary line of the fourth ward, above de- scribed, and the center line of Trumbull avenue, and the said lines extended northerly and southerly to the city limits. Seventh, The seventh ward shall consist of all that part of said Seventh Ward, city lying between the center lines of Russell street and Dequindre street, and the said lines extended northerly and southerly to the city limits. Eighth, The eighth ward shall consist of all that part of said city Eighth Ward, lying between the east line of Godfroy farm and the center line of Trumbull avenue, and the said lines extended northerly and southerly to the city limits. Ninth, The ninth ward shall consi3t of all that part of said city Ninth Ward, lying between the centre lines of Dequindre street and Chene street, and the said lines extended northerly and southerly to the city limits. Tenth, The tenth ward shall consist of all that part of said city w lying between the west line of the Loranger farm and the east line of the Godfroy farm, and the said lines extended northerly and souther- ly to the city limits. Eleventh, The eleventh ward shall consist of all that part of said Eleventh Ward city lying between the center lines of Chene street and McDougall avenue, and the said lines extended northerly and southerly to the city limits. Tzvelfth, The twelfth ward shall consist of all that part of said Twelfth Ward city lying between the west line of the Loranger farm and the wester- ly line of the Porter farm, and the said lines extended northerly and southerly to the city limits. CHARTER OF THIi CITY OF DETROIT. Chapter l. [incorporation: City and Ward Boundaries. teenth Ward. Thirteenth Thirteenth, The thirteenth ward shall consist of all that part of Ward. said city lying between the center line of McDougall avenue and the ■ enter line of Mt. Elliott avenue, and the said lines extended norther- ly and southerly to the city limits. Fourteenth, The fourteenth ward shall consist of all that part of said city lying between the westerly line of the Porter farm and the westerly line of private claim forty-seven, and the said lines extended northerly and southerly to the city limits. Fifteenth Fifteenth, The fifteenth ward shall consist of all that part of said Ward. city lying east of the center line of Mt. Elliott avenue, and the said line extended northerly and southerly to the city limits; and the parcel of land situate in the Detroit river known as Belle Isle. Sixteenth Ward. Sixteenth, The sixteenth ward shall consist of all that part of said city lying west of the westerly line of private claim forty-seven, and the said lines extended northerly and southerly to the city limits. (As amended by Act approved May 13th, 1S91.) (§ 5.) Sec. 5. Hereafter the division of said city into wards as Powers of council to herein provided shall govern ; but the common council of said city shall Establish Elec- * an Districts. k ave p 0wer by ordinance, to divide said wards into election districts of convenient size. The boundaries of each of said districts shall be par- ticularly described in said ordinance. No district shall embrace parts of two or more wards, and each ward shall be divided into at least three districts. (As re-enacted by Act approved May 13th, 1891.) (§ 6.) Sec. 6. Each of said wards, fourteen, fifteen and sixteen, Aldermen in Si Wards. shall be entitled to two Aldermen, and the first election for such al- dermen shall be held at the next annual city charter election. One of said Aldermen for each ward shall be elected for one year, and the other for two years. The term of service for which said Aldermen are elected shall be designated on the ballots cast for them, and there- CHARTER OF THE CITY OF DETROIT. Incorporation: City and Ward Boundaries. Chapter 1 after Aldermen shall be elected for said wards, and they shall serve in all respects as is now or may be hereafter provided for the existing wards of said city. Other ward officers, such as are now provided for other ward officers. existing wards, shall be elected at said election for said new wards, whose term of office, duties and powers 6hall be the same as those of like officers in existing wards. (As added by Act No. 398, Session Laws of 1885, approved June 20, 1885.) (§ 7.) Sec. 7. The common council shall provide all necessary Registration means for the registration of voters, and the holding of an election in and election. said new wards at the next annual city charter election, in the manner provided by law in said city. (As added by Act No. 398, Session Laws of 1885.) (§ 8.) Sec. 8. This Act shall not interfere with or affect the Assessment , ,, . „ _ , . , . on lands assessment levy, or collection of any taxes assessed or levied during annexed to dt}-. the present year on any of the lands hereby detached from the town- ship of Hamtramck and Greenfield, or the viilage of Highland Park, but such taxes shall be assessed and collected in the respective town- ships to which said lands heretofore belonged, and in said viilage of Highland Park, in all respects as if this Act had not passed, and said lands shall not be subject to taxation in the city of Detroit until the year of our Lord one thousand eight hundred and ninety-two; Pro- vided, however; That all said lands shall, after this Act takes effect, be subject to local assessments for the grading and paving of streets, or for the building of sidewalks, drains or sewers, in the same manner as the other territory of said city. (As amended by Act approved May 13th, 1891.) (§ 9.) Sec. 9. The territory annexed to the city of Detroit by . . School districts this Act shall remain a part of the school districts to which it now be- and taxes for schools, longs until July first, eighteen hundred and ninety-two, and school taxes shall be levied and collected therein for the year eighteen CHARTER OF THE CITV OF DETROIT. Chapter 1 Incorporation: ii i \ \m> Ward l!oi nuakihs. hundred and ninety-one. From and after the first day of July T eighteen hundred and ninety-two, the said territory so annexed shall become a part of the school district of the city of Detroit and entitled to its proportion of the moneys appropriated for primary schools and he district library of said district. The taxable property so annexed shall be listed and assessed in making out the assessment rolls of the city of Detroit for the year eighteen hundred and ninety-two, and in determining the amount of school taxes to be levied in the city of Detroit for the fiscal year commencing July first, eighteen hundred and ninety-two, the school children in the territory so annexed shall be considered; and taxes may also be levied for the construction of additional school buildings in said territory. On the first day of July, eighteen hundred and ninety-two, title to all school property, real or personal, situated in the territory so annexed, shall be vested in the Board of Education of the city of Detroit, and the school district offi- cers shall turn the possession and control thereof over to said Board. (As amended by Act approved May 13th, 1891.) School districts (§ 10 ) SeC - 10 - It; Sua11 be the dut y ° f the Board of School In- ranged, spectors of each of said townships of Greenfield and Hamtramck, and of the Board of Trustees of said village of Highland Park, to re-ar- range the school districts of said townships and village, and to make proper disposition of the parts of the districts severed by this act re- maining in said townships or in said village. The inhabitants of the parts of said districts left in said townships, and in said village, shall be represented by the Board of School Inspectors of each township, and the Board of Trustees of said village respectively, who shall have authority to adjust with the Board of Education of the city of Detroit the rights and equities involved in each case. The value of the school property and the unexpended school moneys shall be apportioned ac- cording to the assessed va'ue of the taxable property of the respective parts of the divided districts, and the Board of Education of the city CHARTER OF THE CITY OK DETROIT. Incorporation: City and Ward Boundaries. Chapter 1 of Detroit shall pay to such township or village districts as the Board 1 J ° Apportionment of School Inspectors of each township, as the Board of Trustees of ° c i" n e i X moneys. said village shall direct, the amount found due from it on such ap- portionment and adjustment. In case the Board of School Inspectors of any township, or the Board of Trustees of said village shall not be able to agree on an adjustment or apportionment in any case, the same maybe made by Commissioners to be appointed by the Circuit Court for the county of Wayne, in chancery, on the bill or petition of either party, and said Court is given jurisdiction and authority to determine any and all questions that may arise in carrying out the provisions of this section, and to grant such relief in the premises as may be equit- able. (As amended by Act approved May 13th, A. D. 1891. CHAPTER II REGISTRATION AND ELECTION. § 11. Section 1. The city board of registration of the city of G f whom city board of regis - Detroit shall be composed of the chairmen of the several district (ration com- posed. boards of inspectors of election, and two other members of each of said boards designated by the members thereof at their first regular meeting, sitting as a board of registration. (As amended by Act ap- proved June 28, 1887.) § 12. Sec. 2. In the year eighteen hundred and eighty-four, Meetings of board of and every fourth year thereafter, and in all other years in which a re- registration. registration is necessary, the board of registration shall begin its ses- sions for the purpose of making a re-registration of the qualified electors of each ward and election district of said city, on the second Wednesday preceding the November election, so that the days of registration in such years of re-registration shall be four, of which the second Saturday preceding the election shall be the last. The board of aldermen shall, at least two weeks before the said meeting Notice of meeting. of said district boards, cause a notice to be published in one or more newspapers printed and published in said city, that the district boards of registration will meet on the days designated, to make a perfect list, as near as may be, of all persons residing in such ward or district, qualified as electors under the constitution, and designat- ing the place in the district of each ward, where said board will meet for that purpose. And they shall also cause handbills to be posted in at least five conspicuous places in each district of each ward, con- taining a similar notice of the time a^id place of each meeting of the 14 CHARTER OK THE CITY OK DETROIT. v t I I U '.'. Ul-C.lsl KATION AND II. II ['KIN board for that district; which notice shall also contain a true copy of tion one of article seven of the constitution, relative to the qualifi- cations of electors. All sessions of the boards of registration shall be I >ui .itionof ^■ssionsof from half-past seven o'clock a. m. to ten o'clock p. m. continuously boards. J each day, and said boards shall be provided with the proper blank books for registering the names of voters of the forms heretofore used, and shall have the same powers and perform the same duties as are conferred upon or required of boards of registration under the laws of the State, and the same rules and requirements shall be ob- served in such re-registration, in all respects, as are required by said laws: Provided, That said board, or any member thereof, shall not at any time write in the register the name of any person as an elector, without a request made by such person in the presence of said board When registry at tue " me aQ d place of registration. When such registration shall completed, former registry be completed, the former registry of electors in such wards or dis- invalid. tricts shall henceforth be deemed invalid, and shall not be used at the ensuing elections; and no person shall vote at any public election in said wards or districts, after such re-registration, whose name shall not be registered anew, under the provisions of this section, except such persons as were absent from the city, or sick during the entire sessions of said district boards, and who shall then qualify according to law. (As amended by Act approved June 19, 1889.) Meetings of § 13. Sec. 3. On the second Thursday, Friday and Saturday district Doards of registration, next preceding the general election, and on the second Friday and Saturday next preceding the annual city elections of the city of De- troit, in every year other than that for which a re-registration of voters is provided for, and not afterwards, and on the second Friday and Saturday next preceding the spring elections, the district beards of registration of said city shall be in session in their respective dis- tricts, at such places as shall be designated by the board of aldermen, from ten o'clock in the forenoon to eight o'clock in the afternoon of CHARTER OF THE CITY OF DETROIT. 15 REGISTRATION AND ELliCTION. each of said clays, without intermission. The common council shall cause like notice of such sessions to be given as is provided in the preceding section. At the sessions of said district boards provided for in this section, they shall review and complete the list of qualified voters as provided by law; and in order to prevent, so far as possible, the blotting, mutilation, or disfigurement of said registration of electors, it is enacted that no name shall be entered in said registers excepting in the handwriting of one of the board of registration, and then only by direction of the proper board during its session; and no member of said board shall write or make any entry in said register excepting the same be permitted by law, and no other person shall make any entry or mark whatever therein, excepting inspectors of election, as provided by this act, and such other persons as may be authorized by the laws of the United States or of the State of Michi- gan: Provided, That any elector desiring to enter his name in his Proviso own handwriting, may do so, if the board shall have decided that such elector is entitled to be registered; but when any person shall have ceased to be an elector of any ward or election district, the board of registration of such ward or district, at its session, may note the fact in red ink across the name of said elector, in addition to the marks provided to be set opposite his name by law. No name shall be entered in said registers except upon the personal application at the time and place of registration, of an elector desiring his name to be registered, and upon due examination made as required by law. The district board of registration in each ward and district shall require each applicant for registration to state whether he has previously been registered in or resided in any other ward or district. Each board shall make a separate list of the new registrations made at their sessions, particularly specifying in such lists those who have previ- ously resided or been registered in any other ward or district, noting the previous place of residence of such person, and shall deliver such ID CHARTER OF THE CITY OE DETROIT. Chapter '.' registration and election. Beparate lists to the city board of registration at its session hereafter l>i,>\ ided to be held. (As amended by Act approved June 19, 1889.) Registration (§ 14.) Sec. 4. The city board of registration shall assemble at Board to meet the common council chamber in the said city of Detroit on the Mon- i. hamber to J day next preceding any election to be held in said city, excepting special elections held for election of ward officers, at nine o'clock in the forenoon. On the organization of said city Board, by the appoint- ment of a chairman and clerk, said city Board shall proceed to examine the register of electors of the several wards and districts of said city; said Board may correct any errors appearing therein, but no new name shall be added thereto, or marked so as to indicate that any person has ceased to be an elector in any ward or district excepting as pro- vided in this section. Whenever said Board shall find that any per- son is registered in two or more wards or districts of said city, the Board shall ascertain the ward or district in which such person is en- titled to be registered, and shall indicate in the register of any other ward or district the fact that such person is not entitled to vote in such other ward or district, retaining the name of such person in the ward or district in which suGh person is entitled to vote. Electors absent (S 15.) Sec. 5. When any person shall apply to the Inspectors or sick. of any election, excepting special elections for ward officers, in said City of Detroit, who has not been registered, to be registered by said Inspectors, alleging that he was absent or sick during the then last session of the district Board of Registration of the ward or district, said Inspectors shall require such applicant to state, on oath, that he was absent from the City of Detroit during said session, or sick and unable to attend said session. Board of Regi- (§ 1G.) Sec. G. Whenever the Common Council of said city stration in eYcm ons >CCial sua ^ order a special election to be held in any of the wards of said city for election of ward officers, said Council, by resolution, shall CHARTER OF THE CITY OF DETROIT. 17 REGISTRATION AND ELECTION. direct the Board of Registration that last held its session in such ward to review and complete the list of qualified electors of such ward, on a day and at a place to be named in such resolution. Notice of the Notice of J Meeting, etc. time and place of the session of said Board shall be published in at least one of the daily newspapers published in said city, for at least four successive days prior to such session. It shall not be necessary to insert in such notices the names of registered electors, or post handbills containing the same, as in the case of general or charter elections. The provisions of this act, or so much thereof as may be applicable, shall govern and regulate the action of said Board, each member thereof, and all otheir persons, in reviewing and completing the register of electors at such session. In case there is a vacancy in the then Board of Registration for such wards and districts, the Common Council shall fill the same. (§ 17.) Sec. 7. All the provisions of the general laws of the . Laws State relative to the powers and duties of the Bo.irds of Registration apply. and election, and all requirements and provisions of said laws relative to the conduct of registration and election, shall apply and be in full force in the city of Detroit, excepting as the same shall be altered or amended by this Act. CHAPTER III. CITY ELECTIONS. (§ 18.) Section 1. The annual city election shall be held on the Annual election first Tuesday after the first Monday of November in each year ; and on the 3'ears in which a general election is held, the city election shall be Leld and conducted in connection with such general election, and by the same officers. The places of holding the elections in the sev- eral wards and election districts in the city shall be designated by an order of the board of aldermen at least twenty days previous to any election to be held. It shall be the duty of the city clerk, within Notice of. three daj r s. after the date of any such order, to give notice of such election in at least two daily newspapers published in said city, which notice shall be continued daily (except Sundays) in such papers to and including the day of election. Such notice shall specify the officers to be chosen, the day on which the elections [election] is to be held the time for opening and closing the polls, and the place in each elec- tion district where the polls are to be held. The provisions of this Places o! section shall also govern the matter of the April elections to be held holdin £- in each alternate year, and in special elections. The common council shall provide a suitable place in any election district, to be held and controlled by the city, for holding the elections in such district ; but no election shall be held, nor shall any election be appointed to be held in any saloon or bar-room, or in any room or place contiguous with or adjoining thereto, and should any place be designated or ap- pointed for holding an election in violation hereof, or become subject to such interdiction after having been so designated, the inspectors of CHARTER OF THE CITY OF DETROIT. Cfl W1KK 8. H H II K I IONS. election shall have power, and it shall be their duty, on or before the day of such election, and before the opening of the polls on such day, to procure a suitable place as near thereto as may be, not subject to like interdiction. Said inspectors shall meet at the place first desig- nated at the time for opening the poll, and after any vacancies in their number shall have been filled, adjourn to the place so chosen by them, and at the time of said adjournment give public notice to the electors present by proclamation of such change, and of the place where such election shall be held, and by posting at such place a conspicuous notice of such change, and all ex- pense attending such change shall be certified by said inspectors to the common council, and shall be allowed and paid accordingly. Any person or persons introducing in any way upon Introduction or use of liquors election day into the place where an election is being held, any spirit- in places where j e o ■> j r belngheld'* uous or malt liquors, and any inspector or clerk of election drinking any such liquors in such place, or being intoxicated therein upon « election dav, shall be deemed guilty of a misdemeamor, and upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine not exceeding one hundred dollars, or by imprison- ment not exceeding sixty days, or by both such fine and imprison- ment in the discretion of the court. (As amended by Act approved June 28, 1887.) inspectors of (§ 19.) Sec. 2. There shall be elected in and for each election election. district in the city of Detroit five qualified electors of such district, at the times and in the manner hereinafter provided, who, with one of the aldermen of such ward, or such person as the common council may designate, as hereinafter provided, shall constitute a board of inspect- ors of election for such election district. Such inspectors shall be elected by ballot, ae hereinafter provided, at the annual election in November of each year. Upon being so elected they shall qualify by filing with the city clerk the constitutional oath of office, and shall hold their said office for one year and until their successors are elected CHARTER OF THE CITY OF DETROIT. CITY ELECTIONS. CHAPTER 3 and qualified, and any vacancy in their number, caused by failure or Vacancies in inability to elect by ballot, as hereinafter provided, or by removal or death, may be rilled for the remainder of said term by the electors present by viva voce vote, at the opening of the polls at any general or special election, and any vacancy caused by sickness or absence may in like manner be filled for the time being upon the opening of the polls at any general or special election* (as amended by Act approved June 28, 1887.) (§ 20.) Sec. 8. In all elections for inspectors to be elected at the Manner of annual election as above provided, no ballot shall contain nor shall ? lectin g r ' inspectors. any elector uote for more than three candidates, and from the whole number of votes cast the five inspectors receiving the highest number shall be declared elected. (As amended by Act approved June 28, 1887.) (S 21.) Sec. 4. The common council shall, at least two weeks _, . " Chairman of previous to each general election, assign and designate the aldermen S pectors and registration. from each ward to election districts therein, and shall at the same time appoint a suitable person, who shall be a qualified elector in the district to each of the other districts in said city, and the alderman and person so appointed shall respectively be the chairman of the board of inspectors and of registration in their respective districts ; and such chairman, with the five inspectors elected under the pro- visions of this act, shall be and constitute the board of inspectors of such election district and e\-oj[}icio the board of registration therein, until their successors are elected and qualified as herein provided. Each board of inspectors shall have power to appoint two or more Clerks of competent clerks of election, who shall tako the same oath as the in- election - spectors, which oath either of the inspectors may administer. Any Vacancy in vacancy occurring in the chairmanship of any district board by death office of chair " J man of board. •or removal from such district, may be filled by the common council ; ♦See note 1, appendix. CH \KTi k OF THE CITY OF DETROl D. ChaptkrS. or in case of neglect or refusal, or in case of a vacancy from any other cause, the same maybe filled by the electors present by a viva voa vote at the opening of the polls at any general or special election, lu all cases of filling a vacancy or vacancies by viva voce vote of the electors under this act, upon the chairman of the board of inspectors, or in case of his absence, any member of said board designated by the inspectors present, declaring that the time for opening the polls has arrived, the qualified electors present may proceed to rill such vacancy or vacancies, and the persons so chosen shall qualify and take their seats, when the polls shall formally be declared open (as amended by Art approved June 28, 1887.) (§ 22.) Sec. 5. On the day of election, after the full number provided for in said board shall have been elected as above, and be- fore opening the polls, said board shall designate three of their num- ber, with one or more clerks, to act as special registers in said district, as herein provided. Upon being so designated, said members shall, at some proper and convenient place in the same room, assemble, and in a book specially provided for such purpose, proceed to register any c aualified voter of such district upon the personal application of such Registration of i t q o U r a s U o fi n Election person, whom they shall require to state, in writing, that he was ab- sent from the city of Detroit during the sessions of the board of regis- tration for said year, where he was during the time of such session, and the business in which he was engaged, or that he was sick and unable to attend such session, which statement shall be subscribed and sworn to by such applicant before one of said inspectors, each of whom shall have authority to administer such oath. Such statement shall be made and kept in a book provided specially for such purpose, which shall be deposited with the city clerk. If any person shall ' willfully make and swear to a false statement, in whole or in part, for Fa'se swearing the purpose of being registered under this section, he shall be deemed guilty of perjury and be punished accordingly. Said board of regis- CHARTER OF THE CITY OF DETROIT. 23 CITY ELECTIONS. CHAPTER $ ters shall for the purposes of this section remain in session until j^|° n of twelve o'clock, noon, of said day, but no longer. Any person regis- Who entitled to vote. tered in accordance with the provisions of this section shall be entitled to vote at such election. Xo person shall be allowed or permitted to vote who has not been duly registered, either under the provisions of this section, or the general laws relating to registration (as amended by Act approved June 28, 1887.) (§ 23.1 Sec. 6. The polls of election shall be °P ened at ei S ht Time for open . o'clock in the forenoon, or as soon thereafter as may be, on the day of of^oils. election, and shall be continued open until five o'clock in the after- noon of the same day, and no longer. S24) Sec. 7. The qualifications of electors under this act shall . vB ~ rc / kj^vy. ! Qualifications be those prescribed in the laws and constitution of this State and the ° United States : Provided, however, That women of or above the age Proviso, of twenty-one years shall be entitled to vote for school inspectors, subject only to the same qualifications and regulations as those governing the voting of male citizens for said officers* (as amended by Act approved March 13, 1889 ) (§ 25.) Sec 8. If, at any election, a vote shall be challenged, Challenging- either of the inspectors of election shall be authorized to swear or affirm the person whose vote is challenged, to answer such questions as may be put to him touching his qualifications as an elector, and said inspectors shall decide from such examination as to the legality of such vote. (£ 26.) 9ec. 9, I!' any person thus sworn or affirmed, shall will- Punishment for false fully swear or affim falsely as to any material matter concerning his Sl «' ;11 '"- qualifications as an elector, of said city, he shall be deemed guilty "1 perjury, and may be prosecuted therefor ; and, on conviction thereof, ♦See note •-', appendix. CHARTER OF THE CITY OF DETROIT. Ch vptbh 8. CITJ III' I 1'iN--. Punishment roting more than once. Manner of conducting elections. Proviso. Canvass of ballots and return. be punished by a fine not exceeding one thousand dollars, or imprison ment at hard labor in the state prison for a period not exceeding five years, or both, in the discretion of the court. for (§ 27.) Sec. 10. If any person shall vote in more than one ward or district, or more than once in the same ward or district, at any election in said city, he may be prosecuted therefor, and, on convic- tion, maj- be punished by a fine not exceeding rive hundred dollars, or imprisonment at hard labor in the state prison for a period not ex- ceeding three years, or both, in the discretion of the court. (§ 28.) Sec. 11. The manner of conducting and voting at elec- tions to be held under this act, the keeping of the poll-list, canvassing of the votes, certifying the returns, and all other proceedings connected witli such elections shall be the same as nearly as may be, as is now or hereafter may be provided for by the laws of this State, applicable to general State elections, except as may be otherwise provided iu this act: Provided, That the names of all school inspectors to be voted for at any election shall be upon a separate ticket or ballot and said tick- ets or ballots shall be deposited by the inspectors of election in a separate ballot box provided for that purpose, and the clerks of elec- tion shall make a separate poll-list containing all the names of women voting at said election (as amended by Act approved March 13, 1889.) (§ 29.) Sec. 12. At two o'clock in the afternoon on each elec- tion day said board of inspectors shall designate three of their num- ber, with one or more clerks appointed by said board for such pur- pose, to open the ballot box or boxes into which the ballots for officers shall, up to that time, have been deposited, and who shall imme- diately proceed to canvass the votes therein, and upon closing the polls, all of said inspectors shall immediately proceed, before recess or adjournment, to complete the canvass of all votes cast, publicly announce the result, and certify full and true returns thereof in CHARTER OF THE CITY OF DETROIT. 25 CITY ELECTIONS. CHAPTER 3 •duplicate under their hands, and return the ballots to the boxes and carefully fasten and seal the same. One copy of such returns shall £,°^ delivered i • i r .. -i , ■. » to citv clerk. be placed in an envelope, carefully sealed, and the names of all the inspectors present written across the back of the envelope in such manner that the same cannot be opened without breaking such seal, and otherwise defacing such envelope and signatures, and such en- velope containing the returns shall be directed to the city clerk, and shall have the name or number of the election district thereon, and shall then, together with the poll-lists and keys of the ballot boxes, by any two members of the board designated for that purpose, be taken directly from such polling place to the office of the city clerk, who shall keep his office open until the returns from all the election dis- tricts shall have been received, and there delivered by such inspectors to said clerk or one of his deputies, who shall observe whether such envelope has been tampered with, and such clerk or his deputy, upon Endorsement on returns by receiving the same, shall endorse thereon over his official signature cltyclerk ' the names of the inspectors from whom he received such returns, and the time he received the same, and whether the same are in apparent good order, and shall thereupon deposit the same in a safe and secure place in his office, where such returns, poll-lists and keys shall remain until the meeting of the board of canvassers, when such returns, un- opened, shall be delivered to said board. The other copy or dupli- copy of return to be delivered cate of such returns shall be placed in an envelope, sealed and signed to county clerk. in like manner, and addressed to the county clerk, and delivered to two other inspectors designated for such purpose, who shall proceed directly, but not in company with the inspectors carrying the returns to the city clerk, to the office of the county clerk, who shall keep his office open until the returns from all the election districts shall have been received, and there delivered by such inspectors to said clerk or one of his deputies, who shall observe whether such envelope has Endorsement on returns by been tampered with, and such clerk or his deputy, upon receiving county clerk." CHARTER OV THE CITY OF DETROIT. . M \ ELECTIONS. the s;mii\ shall endorse thereon, over his official signature, the name 8 of the inspectors from whom he received such returns, ami the time he received the same, and whether the same are in apparent good order, and shall thereupon deposit the same in a safe and secure place in his office, where such returns shall remain unopened until the meeting of the board of canvassers, when such returns shall be delivered to said board. Any one or more electors present at the polling place in any election district shall have the right to accom- pany the inspectors designated to so deliver such returns from the Certain actsof polling place to the city or county clerk's office. And should said in- inspectors a r ° neanor. S p ec t ors or either of them prevent or attempt to prevent such electors from so accompanying them, or evade or attempt to evade such elect- ors, or stop at any place on the way from such polling place to said city or county clerk's office, without apparent necessity therefor, he or they shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be punished accordingly. Said inspectors upon re- , ion of turning the ballots to the boxes, and fastening and sealing the same, ballots and boxes at the shall thereupon deliver the same to a member of the Metropolitan close i if election. police, who shall be sent to the polling place by the superintendent of the police force for the purpose of receiving the same, who shall forthwith convey said ballot boxes to police headquarters and there deliver them to the said superintendent or some member of said force specially designated by said superintendent to receive the same, and the said boxes when so received shall be deposited by said superintendent or person so receiving the same in some safe place and shall remain in the custody of said superintendent for six months thereafter, when How boxes th e ballots therein may be taken out and destroyed. Whenever may be pro- count of ballots, within such period any court of competent jurisdiction, board of can- vassers or other competent authority, shall require such ballot boxes for the purpose of having or making a re-count of the ballots therein con- tained for any one or more candidates, the said superintendent shall, CHARTER OF THE CITY OF DETROIT. 27 CITY ELECTIONS. CHAPTER 3 upon proper demand or request in writiDg, send such box or boxes as may be required by one or more of the Metropolitan police to the court or board so entitled thereto. But such box or boxes shall not be taken from the custody of such member or members of the police force except to open the same and count the ballots therein in his or their presence, and upon such count being made the ballots shall be returned to the box or boxes from which they were taken, duly locked and sealed, and said boxes then be conveyed back by the mem- bers in charge to such superintendent. It shall be the duty of the Appointment common council of the city of Detroit, during the month of Septem- °* r ^ ^^ ber, one thousand eight hundred and eighty-seven, to appoint three qualified electors in each election district in said city, one of whom shall be an alderman, so far as may be, who shall constitute the board of registration, and also act as inspectors of election in each election district, until their successors are elected and qualify under this act: Provided, however, That at the annual election to be held in Novem- • Proviso, ber, eighteen hundred and eighty-seven, at tbe opening of the polls, the electors present shall, in each election district, by viva voce vote, choose three qualified electors of such district, who with said mem- bers of the board of registration shall constitute and be the board of inspectors of election in and for such district at said eleciion, and all the provisions of this act relative to three of said inspectors acting as special registrars and to the canvassing and returns to be made, shall apply to and govern said board of inspectors so appointed and elected under this section. (As amended by Act Approved June 28, 1887.) (§30.) Bec. 13. Special elections shall be conducted as near as may be in the same manner as general elections, but in such cases ^ p ° e n c < '" 1 ct o£ • the returns of the inspectors shall be opened and canvassed, and the result declared by the common council at a seasion to be held for that purpose on the Saturday next after the election, at three o'clock in the afternoon. (As amended by Act approved June 2, 1887.) CHARTEK OF THE CITY OF DETROIT. CHAPTKK 3. CITY El E( Mn\v. (§ 81.) SJEC. 11. If any person be voted for at any election to 611 a vacancy, or residue of a tern, the ballot of the electors shall designate such vacancy or residue. lv '" (§82.) Sec. 15. In the canvass of votes, any person who has re- i '.in. ■ ceived a plurality of the votes for any office shall be declare duly elected to such office. (§ 33.) Sec. 16. When two or more persons shall have an equal number of votes for the same office, the election shall be determined by the drawing of lots in the presence of the common council. The name of each of such persons shall be written on separate slips of paper, and each slip deposited in a box or other proper place, and the president of the common council shall draw out of said box or other place, in the usual manner of determining by lot, one of said slips, and the person whose name is thereon shall be deemed entitled to hold the office for which he received said votes in the same manner as other officers duly elected. (As amended by Act approved June 2, 1887.) State and (§ 34.) Sec. 17. The mode of conducting all, state, congres- County elections. sional and county elections in said city shall be in the manner herein provided for the election of the city officers, except that the returns Returns to be thereof shall be made to the county clerk, and the same proceedings made to the county clerk, had, as near as may be, as are now, or hereafter may be provided by law for the return of votes by township inspectors of election. (§ 35.) Sec. 18. No person entitled to vote at any election, held Privileges from «cmda° n eleC under this act, shall be arrested on civil process within said city on the day on which such election is held. CHARTER IV. OFFICERS, WHO ELECTED OR APPOINTED, QUALIFICATIONS, BONDS, OFFICIAL TERMS, REMOVAL, VACANCIES, ETC. (§ 36.) Section 1. There shall be elected at the annual citv Elective officers, terms election, by the duly qualified electors of the whole city, the follow- of office of ' etc - ing officers of the corporation on a general city ticket, viz: A mayor and city attorney, who shall hold their office [offices] for the term of two years, and a city clerk, who shall hold his office for the term of two years, beginning on the second Tuesday of January next succeed- ing their election, and a treasurer, whose term of office shall be two years, beginning on, the first day of July next succeeding his election. There shall be elected at the spring election in every alternate year six school inspectors, to hold office for four years, beginning on the first day of July following their election. There shall be four jus- tices of the peace in and for said city, who shall hold their offices, possess the same jurisdiction and powers, subject to the act of the legislature establishing a police court of the city of Detroit, and be subject to the same duties and liabilities as provided by the general laws of this State, or any special act of the legislature relating to jus- tices of the peace. At said annual election one alderman and one constable shall be elected in each ward, the former for a term of two years and the latter for a term of one year from the second Tuesday of January next succeeding such election. There shall be elected a a recorder as hereinafter provided. (As amended by Act approved June 2d, 1887.) CI! VRTEK OF Tin CITV OF DETROIT. s WHO II l i i mi, OR APPOINTED, Ql VLU [( VTIONS, ETC. Officers (§ 37.) Sic. 2. The following officers phall be appointed by the pointed on nominationof C( , m mon council on the nomination of the mayor, viz: A controller, mayor, term ol three city assessors, who shall be known as the board of assessors, a receiver ol taxes and a city counselor, who shall be a a practicing attorney, and whose term and duties of office and compensation shall be prescribed by the common council, wbo shall hold their office [offices] for the term of three years, respectively, beginning on the first day of July in each ease: Provided, That the board of assessors shall be non-partisan, and the first three shall be composed of the present city assessors for their respective terms, and annually there- after one member for the full term of three years. Also the following boards, to hold their respective offices as now provided by the several acts relating to each board, viz: A board of public works, to be com- posed of three members; a board of water commissioners, of five members; a board of inspectors of the house of correction, of four members; a board of poor commissioners, of four members; a board of fire commissioners, of four members; a board of health, of three members; and a board of Belle Isle park commissioners, of four members. There shall also be appointed by the controller a deputy Controller to controller, who shall, in case of the inability of the controller to per- appolnt deputy. form the duties of his office by reason of sickness, absence from the city, or other sufficient cause, be vested with all the powers, and per- form all the duties of the controller, until the disability of the con- troller shall cease: Provided, however, That such deputy controller shall in no case have the right or power to act as controller unless the disability of the controller shall have been first declared by a resolu- tion of the common council, nor unless said deputy controller shall have first qualified by filing an official bond in such penal sum as the common council may direct, and with sureties approved by them. Cie.k to appoint There shall also, be appointed by the city clerk a deputy city clerk, who shall, in the absence or inability to act of the city clerk, be vested CHARTER OF THE CITY OF DETROIT. OFFICERS: WII ) ELECTED, OR APPOINTED, QUALIFICATIONS, ETC. CHAPTER 4 with all the powers and perforin all the duties of the city clerk, and who shall file an official bond [in] such penal sum as the common council may direct, and with sureties approved by them: Provided Proviso. further, That in case of the death, resignation or removal of the city clerk, the deputy city clerk shall continue to perform the duties of the office of city clerk until the next regular election, when the va- cancy may be filled. There shall also be appointed by the city treas- Treasurer to J J J appoint deputy . urer a deputy city treasurer, who shall, in the absence or inability to act of the city treasurer, be vested with all the powers and perform all the duties of the city treasurer, and who shall file an official bond in such penal sum as the common council may direct, and with sure- ties approved by them: Provided further, That in case of the death, Proviso. resignation or removal of the city treasurer, the deputy city treasurer shall continue to perform the duties of the office of city treasurer until the next regular election, when the vacancy may be filled. (As amended by Act approved June 2d, 1887.) (§ 38.) Sec. 3. The following officers shall be appointed by the What officers board of aldermen at a meeting to be held on the second Tuesday in appointed by ° J the Board of June of each year, viz: One or more clerks of the market, one or ldermen - more weighmasters, one or more poundmasters, a gas inspector, and such other officers, deputies, assistant officers and agents as may be necessary, and whose appointment shall be authorized by prior reso- lution of the common council. Also a board of inspection of elec- tion, to be appointed and constituted as provided by this act: Pro- ■', That any appointment which shall not be made on the day named, may be made at any subsequent regular session of the board of aldermen: And provided further, That any office created by ordi- Offices created J J by ordinance. dinance or resolution of the common council maybe filled at any et< " time until the second Tuesday of June following, when, as in the case of other officers, the regular term of service shall commence, and the office, if continued, be filled for the ensuing year, unless J3 CHARTER OK THE CITY OK DETROIT. Chapter 4, officers: who elei rED, or appointed, qualifications, etc, otherwise provided by the ordinance or resolution creating such- offlce. (§ ;'»lt.) Sec. 4. There shall be appointed by the board of health Appointment of city physicians three o r more city physicians, whose term of office shall be one year. and engineer. J r J beginning on the first day of July; also a city engineer, on the nomi- nation of the board of public works, whose term of office, duties and compensation shall be fixed by the common council. ens to (§40.) Sec. 5. All officers, whether elected or appointed, shall hold office until success.* ap- hold their offices respectively until their successors shall be duly pointed or elected. elected or appointed and qualified, and shall enter upon the discharge of their duties. Officers to be ,g \\\ g EC _ (j. No person shall be elected or appointed to, or resident ° ' 6leclors - shall hold any office under this act who shall not be, at the time of his election or appointment, and so long as he shall hold such office, a resident elector of said city; and no person shall be elected or ap- pointed to, or shall hold such office for any ward in said city who, at the time of his election or appointment, and so long as he shall hold such office, shall not be a resident elector of the ward from and for Proviso. which he may be elected or appointed: Provided, haivever, That women shall be eligible to the office of school inspector, subject to the qualifications and restrictions of other persons eligible thereto. If any person elected or appointed to any office in the corporation shall cease to be a resident of the city or ward for which he may have been elected or appointed, such office shall thereby be vacated. (As amended by Act amended by Act approved March 13, 1839.) (£ 42.) Sec. 7. No person shall be elected to the office of at- Qualilication of Attorney. torney unless he be at the time of his election a counselor of the supreme court of this State of two years' standing. CHARTER OF THE CITY OF DETROIT. officers: whi elected, or appointed, qualifications, etc. Chapter i (§ 43.) Sec. 8. No person shall be elected or appointed to any office created by this act who is now a defaulter to said city, or to any ineligible^o office. board of officers thereof, or to the State of Michigan, or to any county thereof: and any person shall be considered a defaulter who has re- fused or neglected, or may hereafter refuse or neglect for thirty days after lawful demand made, to account for and pay over to the party authorized to receive the same, any public money which has come into his possession. If any person holding any such office shall become a defaulter while in office, such office shall thereby be va- cated. (§ 44.) Sec. 9. No person shall be elected or appointed to any Officers to be able to read andl office under this act unless he is able to read and write the English ^ vnte English. ° language. language intelligibly, and if any such person be elected or appointed, the common council may declare such appointment or election void. (§ 45.) Sec. 10. No member of the common council shall hold Members of Council to hold! any other city office, excepting as provided by this act, or any other no ° th er office, legislative office, or any county office, excepting notary public. ■ (§46.) Sec. 11. No person interested, directly or indirectly, either as principal or suretv, in any contract or agreement, written or verbal, Person inter- 11 ' J ° ' ested in contract to which the corporation shall be a party in interest, or to which any oflce. f ° r officer or Board under this act shall officially be a party, for the con- struction of any sewer, pavement, building, or performance of any public work whatever, or involving the expenditure, receipt or dis- position of money or property of the corporation, by any officer or board under this act, shall be eligible or appointed to any office under this act ; and if any person thus interested shall be elected or appoint- ed to office, his election or appointment shall be void, and his office shall be deemed vacant. (§ 47.) Sec. 12. If any member of the common council, or other Officers becom- officer of the corporation, after his election or appointment, or while C oftrMU t^be 1 " in office, shall become, or cause himself to become interested, directly ishment/etc.. CHARTER PF THE CITY OH DETROIT » Chapti oki hi us: who i;i k"I'kd, ok appoin ied, or \i.n hations, etc. or indirectly, in any contract or agreement, written orverbal, to which tin' corporation shall be a party in interest, or to which any officer or board under this act shall officially be a party, or in any question, subject or proceeding, pending before the common council, with in- tent to gain, directly or indirectly, any benefit, profit, or pecuniary advantage, he shall be removed from his office, and his office declared vacant by the common) council, and he shall be deemed guilty of willful ami corrupt malfeasance in office, and may be prosecuted therefor, and on conviction shall be punished by a tine not exceeding one thousand dollars, or imprisonment in the state prison not exceed- ing one year, or both, at the discretion of the court. (ij 48.) Sec. 13. If any person shall offer, directly or indirectly, CouncilTajid to a member of the common council, or if any member of the common how punished. council shall directly or indirectly accept, or agree to accept, any money, goods or chattels, or any bank note, bank bill, bond, promissory note, due bill, bill of exchange, draft, order or certificate, or any security for the payment of money or goods and chattels, or any deed or writing containing a conveyance of land, or containing a transfer of any interest in real estate, or any valuable contract, in force, or any other property or reward whatsoever, in consideration that such mem- ber of the common council will vote affirmatively or negatively, or that he will not vote, or that he will use his interest or influence on any question, ordinance, resolution, or other matter or proceeding pending before the common council, he shall be removed from office, and his office declared vacant by the common council, and both he and the person making such offer, as aforesaid, shall be deemed guilty of misdemeanor, and may be prosecuted therefor, and on conviction, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the state prison, not exceeding one year, or botb, at the discretion of the court. CHARTER OF THE CITY OF DETROIT. 35 officers: who elected, or appointed, qualifications, etc. Chapter 4 (§ 49.) Sec. 14. Every officer, appointed or elected under this act, before entering on the duties of his office, shall take and sub- scribe the following oath of office : " I do solemnly swear (or affirm) that I will support the constitution of the United States, and of this state, and that I will faithfully discharge the duties of such office to the best of my ability ;" and shall file said oath, duly certified by the officer before whom it was taken, in the office of the clerk of said city (§ 50.) Sec. 15. Officers, who are elected at the annual city Officers elected, election, except treasurer, shall take and subscribe the oath of office when to enter upon dutits. before the city clerk, file their official bonds, and enter upon their official duties, on the second Tuesday of January next ensuing their election, or within ten days thereafter. The treasurer shall file his Treasurer's official bond, take and subscribe the oath of office before the city°^ t °*^ ffice clerk, and enter upon his official duties on the first day of July next ensuing his election. Officers who are appointed, shall qualify and enter upon their official duties on the first day of July next ensuing their appointment : Provided, That assistants and clerks appointed officers ap- pointed, when, upon nomination of any officer, shall assume the duties of their ex- positions upon confirmation of such nomination by the proper body. Officers who are either elected at a special election, or appointed to fill the unexpired portion of a term, shall take and subscribe the oath of office, file their official bonds, and enter upon their duties within ten days next ensuing notice of their election or appointment, except justices of the peace. (§51.) Sec. 1G. Any officer hereby authorized, but not specially named, may at any time be discontinued by the common council, and discontinued. if there be an incumbent in such office, such discontinuance shall, on notice thereof, discharge him from the office, and a further; execution of its duties, and his office be deemed vacant. 36 CHARTER OK TI1K CITY OK DETROIT. Chapter 4, officers: who ele< rED, or appointed, qualifications, etc. Recordei (§52.) Sec. 17. The recorder shall be subject to impeachment ject to Impeach- " ,e,,t - and removed (rem office for corrupt conduct in office, or for crimes. and misdemeanors, ia the same manner as judicial officers, pursuant to the provisions of the constitution of this state. Expulsion and (§ 53.) Sec. 18. The common council may, by a vote of two- removal of officers. thirds of all the members elect, expel or remove from office any of their own members, and may remove any other officer holding office by election, except the mayor and recorder, for corrupt or willful mal- feasance or misfeasance in office, or for willful neglect of the duties of his office, by a vote of two-thirds of all the members elect, and in such case the reason of such expulsion or removal shall be entered on the records of the common council, with the names and votes of the Removal of members voting on the question. No officer holding office by election elective officers, proceedings for gj^ii ij e expelled or removed by said common council unless first etc. r furnished with a eopj r of the charges in writing and allowed to be- heard in his defence, with aid of counsel ; and, for the purpose here- of, the common council shall have power to issue subpoenas, to compel the attendance of the witnesses and the production of papers, when necessary, and shall proceed, within ten days after service of a copj r of the charges, to hear and determine Upon the merits of the case. If such officer shall neglect to appear and answer to such charges, his failure so to do may be deemed good cause for his removal from office. The mayor shall have power to suspend or remove constables from office, and in case of such suspension or removal from office, the mayor shall report the same, with the reasons therefor, to the common council. (As amended by Act approved June 2, 1887.) (§ 54.) Sec. 19. Any officer holding by appointment, unless Removal of officers ap- otherwise provided by law or ordinance, may be removed at any time pointed. by the common council, without charges, and a trial thereof, by a vote of the majority of the members elect, except the controller, receiver CHARTER OF THE CITY OF DETROIT. 37 officers: who elected, or appointed, qualifications, etc. Chapter 4 of taxes, and superintendent of the house of correction, who may be removed for the same causes and on the same proceedings as a mem- ber of the common council. (S 55. ) Sec. 20. Any officer, holdinc; office by election, except Temporary ' J a j r SUS pcnsion the Recorder, against whom charges shall be preferred, may be sus- howmade! pended from office by a majority vote of all the members of the com- mon council elected, until such charges shall be heard and deter- mined : and any officer holding office by appointment, may be sus- pended temporarily from office, at any time, by the like vote. (§ 56.) Sec. 21. In the case of expulsion or removal from office, v n ; death, resignation, or permanent disability of any officer, his office shall thereby become vacant, and may be so declared by the common council. l§ 57.) Sec. 22. Resignations of office shall be made in writ- Resignations. inff, as follows: By the mayor to the common council, by the alder- Filli . n £ ™ can \ c ' * cies in office or men to the president of the common council, by all other elective ™-, or or officers to the mayor, who shall report the same to the common coun- cil for its acceptance, by all appointive officers to the mayor or other officer or board whose duty it is to fill the vacancy. (As amended by Act approved June 2d, 1887.) (§ 58.) Sec. 23. If any office of appointment shall become va- vacancies in •cant, a successor to serve for the unexpired portion of the official offices. term may be appointed in the same manner as his predecessor. (S 59.) Sec. 24. If a vacancy occurs in the office of mayor or Filling vacan- alderman more than six months before the time for holding the next jjj"™ ^^w- succeeding annual city election, the common council shall order a special election to fill such vacancy for the residue of the official term; if it occurs within six months before the time for holding such election the common council may, in its discretion, order a special 210662 33 CHARTER 01- Till; CITY OE DETROIT. til AIM I R 1. oil 1. i ks: umo i i BCTKD, ok APPOINTED, m ai u (CATIONS, ETC. Filling vacan cies in other elective offic«! Official bonds. Conditions on official bonds. Constable's bond. election to till such vacancy for the residue of the official term. (As amended by A.c1 approved June 2d, 1887.) (§ 60.) Sec. 25, If a vacancy occurs in any elective ollice other than that of mayor, recorder or alderman, the common council shall appoint some person eligible under this act, unless otherwise pro- vided, to serve in such office until the next annual election, when the vacancy shall be tilled for the residue of the official term. (As amended by Act approved June 2d, 1887.) (§ 61.) Sec. 26. The controller, treasurer, clerk, attorney, re- ceiver of taxes, superintendent of the house of correction, clerk of the market, and such other officers as the common council may direct, shall, respectively, before they enter upon the duties of their re- spective offices, file in the clerk's office an official bond, in such sum and with such sureties as the common council shall direct and approve. (§ 62.) Sec. 62. The official bond of every officer shall be con- ditioned that he will faithfully perform the duties of his office, and will, on demand, deliver over to his successor in office, or other proper officer or agent of the corporation, all books, papers, moneys, effects and property belonging to the corporation, or appertaining to his office which may be in his custody as an officer; and such bond maybe further conditioned, as the common council shall prescribe. The official bond of every officer whose duty it may be to receive or pay out money, besides being conditioned as above required, shall be further conditioned that he will, on demand, pay over or account for to the corporation, or any proper officer or agent thereof, all moneys received by him as such officer.* (§ 6o.) Sec 28. Every person elected to the office of constable in said city, before entering on the duties of his office, shall, with two *See note No. ?, appendix. CHARTER OF THE CITY OF DETROIT. 39 officers: who elected, or appointed, qualifications, etc. Chapter 4 or more sureties, to be approved by the common council, execute and file with the city clerk a bond or instrument, in writing, to the city of Detroit, in the penal sum of two thousand dollars, conditioned, well and faithfully in all things, to execute and perform the duties of his office during the continuance therein, and to pay to each and every person who may be entitled thereto, all sums of money which said constable may become liable to pay on account of any execution or process for the collection of money which shall be delivered to him ; and further conditioned as the common council may prescribe. (§ 64.) Sec. 29. The common council may at any time require ... Council may any officer, whether elected or appointed, to execute and file with the order new official bonds. clerk of the city, new official bonds, in the same or in such further sums, and with new or such further securities as said council may deem requisite for the interest of the corporation. (§ 65.) Sec. 30. The clerk of the city shall cause every officer, whether elected or appointed, as soon as practicable after his election officer notice of election or appointment, to be served with a written notice thereof and of the amount of his official bond ; and if such officer shall neglect to take and subscribe his oath of office, or to file his required official bond within the time prescribed therefor by this act, or if any officer re- 1 Neglect to quirei to execute and file a new official bond, as provided in the pre- l uallf y- ceding section, shall not comply with such requirement within ten days after notice thereof from the city clerk, the common council may declare the office in such case vacant, and such vacancy may be filled as heretofore provided in this act. (§ 66.) Sec. 31. The common council or such officer as the ., Sureties ort common council shall, by resolution or ordinance prescribe, may ex- bonds, how approved. amine into the sufficiency of the proposed sureties on any official bond or instrument, in writing, required by this act, or on any contract, in writing, to which the corporation, or any officer or board, under this j.0 CHAR r: u 01 XHE CITY OF DETRO] t. Chapter 4. officers who elected, or appointed, qi ilifk vtIons, etc. act, shall be a party in interest, and may require such sureties to sub- mit to an examination, under oath, as to their property and responsi- bility. The depositions of the sureties shall be reduced to writing, be signed by them, certified by the person taking the same, and an- nexed to or tiled with the bond, or instrument, in writing, to which it relates. (§ 67.) Sec. 32. The clerk of the city shall report the name of thosi neglect- ing to qualify ;u ,y person elected or appointed to any office, who shall have neglected to tile his official bond and oath of office, as required by this act, to the board of aldermen, at its next meeting after such de- fault. Nomination to (g gg\ g EC 33 Each officer of the city, and each board or common conn- antefetcf'by commission of the city, the appointment of whose assistants or other employes is vested in the common council, shall annually nominate to the common council the person or persons whom the said officer, board or commission shall dssire to have appointed to auy position in their respective offices, or usder their control, designating in the communication of nomination the position or duty to which such Common conn- person or persons are to be assigned. And it shall be the duty of cil to confirm or reject nomina- the common council to confirm or reject the said nominations, and no tion. person or persons shall be appointed to any such office without first having received the nomination of the head of the office, or board or commission in which such person or persons are to be employed. This section shall not apply to appointments already lawfully made. in case of in- In case of the incompetency, neglect of duty or other misconduct of competency, etc., of persons any SUCQ assistants, clerks or subordinates so appointed to any such nominated. J office, the officer, board or commission in whose office such person or persons have been appointed, shall represent the fact of such incom- petency, neglect of duty or other misconduct to the common council by communication, which communication shall contain the charges CHARTER OF THE CITY OF DETROIT. 4 1 officers: who elected, or appointed, qualifications, etc. and specifications (specification] of any such neglect of duty, incom- petency or other misconduct; and if such charges are sustained, then such assistants, clerks or subordinates may be removed by the com- mon council. Any vacancy so occasioned, or by resignation, death or otherwise, shall be filled in the manner above provided, (As amended .by Act approved June 2d, 1887.) (§ 69. ) Sec. 34. All such fees or charges as are, or may be, by Au fees to be pa-id Citv the city charter or ordinances, made chargeable or collectable by any Treasurer. city officer, executive board or commission of the city of Detroit, ex- cept as the same may apply to the board of education, the board of fire commissioners, the Metropolitan police commissioners, and the board of water commissioners, shall belong to the city of Detroit, and be paid over to the city treasurer by such officer, executive board or commission, and a receipt therefor taken in the same manner as is provided for all other collections and payments to or for the city of Detroit. And such officer, executive board or commission shall make officers Boards to make a written report to the controller, under oath, of all such fees and full reports of. charges so collected and deposited, together with the receipt from the city treasurer for the same, in the same manner as is provided for similar reports. And no officer, executive board or commission, ex- cepting the boards above particularly mentioned, or the employes of No officer to said boards, shall receive compensation for his or their services, other receive other compensation than such salary as may be fixed by the common council in the man- than salary, etc. ner provided. CHAPTER V. OFFICERS, THEIR RIGHTS, POWERS AND DUTIES. (§ 70.) Section 1. The mayor shall be the chief executive officer of the city of Detroit, and conservator of its peace. It shall Mayor, his duties. be his duty to keep an office in some convenient place in said city, to be provided by the common council: to see that all officers of said city faithfully comply with and discharge their official duties; to see that all laws pertaining to the municipal government of said city, and all ordinances and resolutions of the common council be faith- fully observed and executed; and he shall have power in his dis- cretion to report to the common council any violations thereof. He shall, from time to time, give the common council such information and recommend such measures as he shall deem necessary or ex- pedient. (§ 71.) Sec 2. The mayor shall be paid a salary of twelve salary of. hundred dollars per annum. In case of a vacancy in the office of in case of vacancy, an- mayor, or his being unable to perform the duties of this office by ^"";. etc " ° f reason of sickness, absence from the city, or other cause, the presi- dent of the common council shall be acting mayor; and in case, at the same time, there shall be a vacancy in the office of president of the common council, or he shall be unable to perform the duties of his office by reason of sickness, absence from the city, or other cause, the president pro tempore of the common council shall be acting mayor, and such acting mayor shall be vested with all the powers, 44 CHARTER OF THE CITY OF DETROIT. CHAPTRR 5. OEFICERS; THEIR RIGHTS, POWERS AND DI rlES. and shall perform all the duties of mayor until the vacancy or va- cancies aforesaid be filled, or the mayor or president of the common council, as the case may be, shall resume his office. (As amended by Act approved June 2, 188^.) President/ro ( S T2.) Sec. 3. The common council shall at its session on the tempore. second Tuesday in January of each year elect from its number, by a viva voce vote, a president for the year, and a president fro tempore, to supply his place in case of vacancy or temporary absence. (As amended by Act approved June 2, 1887.) p n , (§ 73.) Sec. 4. The president fro tempore of the common coun- cil shall preside at the meetings in case of a vacancy in the oflice of president, or of the president being unable from any cause to pre- side or be present. In such case the president fro tempore [shall] be invested with all the powers and shall perform all the duties of president until he shall resume the duties of his office or the vacancy be filled. (As amended by Act approved June 2, 1887.) City Attorney's (§ 74.) Sec. 5. The city attorney shall appear in and conduct duties. all suits, prosecutions and proceedings in the recorder's court, to which the city of Detroit is a party, to the end thereof, subject to the rules and practice of said court, and if the same be removed to any other tribunal, by writ of error, habeas corpus, or otherwise, he shall conduct the case before such tribunal. (§ 75.) Sec. 6. The clerk of the corporation shall keep the duties. corporate seal, and all papers filed in or pertaining to his office, and shall be clerk of the common council, shall attend its meetings, and shall make and preserve a record of all its ordinances, resolutions and other proceedings, in proper books to be provided therefor, and when requested, shall duly certify, under the corporate seal, copies CHARTER OF THE CITY OF DETROIT. 45 officers: their rights, powe s and dlties. Chapter 5- thereof, and of all papers duly filed in his office pertaining to the same, and shall possess and exercise the powers of township clerks. (S 76.1 Sec 7. It shall be the duty of the controller to counter- Controller's ^ ' duties. sign all bonds which the corporation or common council is authorizf-d to issue, pledging the faith and credit of said city; to receive all ac- counts and demands against the corporation, examine them in detail, audit and allow them, or such parts thereof as to the correctness of which he has no doiabt, and which the claimant is willing to accept in full discharge thereof, file and number them as vouchers in the File vouchers, order of their allowance, register them, with the amount allowed and date of allowance, in the same order, in a proper book provided for such purpose, and, on their being properly discharged, in writing, to draw and sign his warrant therefor, upon the treasurer, when the Warrants, same is ordered to be paid by the common council. If he shall have Register doubtful ac- any doubt concerning their correctness, he shall register them in a counts and re- J turn to council. separate list, and return them to the common council with his objec- tions. If the same be allowed by the comiion council, in pursuance of their authority under this act, on their return to the controller, with a certificate of the clerk endorsed thereon that they have been allowed by the common council, he shall then file and register them in the list of allowed claims, in the same manner as above provided for the registering of claims, audited and allowed by him, and, on their being properly discharged, in writing, shall draw and sign his warrant therefor on the treasurer. It shall also be the duty of the _. J To present to controller to lay before the common council, once in each year, in each year schedule of the month of July, or oftener if directed by the common council, a accounts, etc. schedule of all accounts audited and allowed by him, and of all leases of the property of the corporation, specifying the names of the lessees, the rates of rent, and the period when the leases will termi- nate. It shall also be the duty of the controller to examine the tax ^VaJ, "'returns „ , . „ , , , ... of officers. rolls and returns of the city officers, and take general supervision of 46 CHARTER OF IHE CITY OK DETROIT. Chapter 6. officers: rHEiR rights, powers and duties. the financial concerns of the corporation; to keep 11 complete set of books, exhibiting the financial condition of the corporation in its various departments and funds, its resources and liabilities, with a proper classification thereof, and each fund or appropriation for any Vdvise Council distinct object of expenditure, or class of expenditures. When any when any fund is exhausted. SUCQ f un( j or appropriation has been exhausted by warrants already drawn thereon, or by appropriations, liabilities, debts, and expenses actually made, incurred or contracted for, and to be paid out of such fund or appropriation, the controller shall advise the common coun- cil thereof at its next meeting. (S 77.) Sec. 8. The controller shall also open an account with To open vs ' " llh the treasurer, in which he shall charge said treasurer with the whole amount of taxes, general and special, levied in said city, also the whole amount in detail of all bonds, notes, mortgages, leases, rents' interest and other moneys receivable, in order that the value and description of all personal property belonging to the corporation may, at any time, be known. He shall also keep a list of all the propert/be- property, real, personal and mixed, belonging to the corporation, and longing to the City. f a n jt s debts and liabilities, in order that the amount of the moneys and liabilities of the corporation may at any time be known at his office. The controller shall also perform such other duties as are prescribed by this act, or may be prescribed by the common council, subject to the provisions hereof. The controller shall also open ac- counts with the treasurer, in which he shall charge him with all moneys appropriated, raised or received for each of the several funds of the corporation, and credit him for all the warrants drawn thereon, keeping a separate account of debit and credit of each fund, charging every warrant drawn to the account of the particular fund constituted or raised for the specific purpose for which such warrant is drawn, in order that it may be known at the controller's office when each fund CHARTER OK THE CITY OF DETROIT. 47 officers: their rights, powers and duties. Chapter - has been or may be exhausted, and what balance, if any, may remain therein. (§ 78.) Sec. 9. The treasurer shall have the custody of all J v \^ e s " rer ' s moneys, bonds, mortgages, notes, leases and evidences of value be- longing to the corporation. He shall receive all moneys belonging to and receivable by the corporation, and keep an accurate account of all receipts and expenditures thereof ; but no receipt given by the city treasurer shall be valid unless countersigned by the controller. He shall pay no money out of the treasury except in pursuance of and by authority of law, and on a warrant signed by the controller, which shall specify the purpose for which the amount thereof is to be paid. He shall keep an accurate account of, and be charged with, all taxes and moneys appropriated, raised or received for each fund of the corporation; shall keep a separate account f>>r each fund, and shall pay every warrant out of the particular fund constituted or raised for the purposes for which said warrant was issued, and having the name of such fund indorsed thereon bv the controller. He shall exhibit to Annual Report. the common council annually, and as often and for such period as may be required, a full and detailed account of all receipts and dis- bursements since the date of his last annual report, classifying them by the fund to which such receipts are credited, and out of which such di-bursements are made; shall report to the controller, at the end of each month, the amount received and credited by him to each fund, and on what account received; and shall also, when required, exhibit a general statement showing the financial condition of the treasury; which account, report and statement shall be filed in the office of the controller. (S 79.) Sec. 10. The city engineer shall have power, and it City Engineers powers and shall be his duty, to survey within the corporation limits. He shall auties - have the same power to make surveys and plats within the corpora- 48 CHARTER OF THE CITY OF DETROIT. Chapter 5, officers rHEiR rights, powers and dt ties. tion limits as arc now or may hereafter be given, by law, to county surveyors, and the like efiect and validity shall be given to his official ads, surveys and plats as are or may hereafter be given, by law, to the official acts, surveys and plats of county surveyor. He shall make out the assessment rolls for paving, for side and crosswalks, for lateral sewers, and for all other special assessments, and shall survey for the city. (§ 80.) Sec. 11. The board of assessors shall assess all the Duties of Hoard of Assessors, property liable to assessment, for the purpose of levying the taxes lawfully imposed thereon, as hereinafter more particularly pro- vided. Books, papers, /ft gl.) Sec. 12. Whenever any officer shall resign or be re- etc, to be de- vo ' J ° [n office. move d from office, or the term for which he shall have been elected or appointed shall expire, he shall, on demand, deliver over to his successor in office all the books, papers, moneys and effects in his custody as such officer, and in any way appertaining to his office, and every person violating this provision shall be deemed guilty of mis- J > . e j a 'j ties for demeanor and may be proceeded against in the same manner as pub- lic officers generally for the like offense, under the general laws of this State, now or hereafter in force, and applicable thereto; and every officer appointed or elected under this act shall be deemed an officer within the meaning and provisions of such general laws of the State. General powers (§ 82.) Sec. 13. In addition to the rights, powers, duties and and duties of liabilities of officers prescribed in this act, all officers, whether elected officers. or appointed, shall have such other rights, powers, duties and liabili- ties, subject to and consistent with the provisions of this act, as the common council may deem expedient and shall prescribe by ordi- nance or resolution. CHARTER OF THE CITY OF DETROIT. 49 officers: their rights, powers and duties. Chapter 5 (§ 83.) Sec. 14. The mayor, recorder, and members of the Who may ad- common council, clerk, controller, clerk and deputy clerk of the re- minister "oaths and take ac- corder's court are hereby authorized generally to administer oaths knowltjd s ments and to take affidavits, but neither of said officers shall receive any fees therefor except said clerks. The controller shall have the power to take acknowledgments of deeds under the laws of this State. (§ 84.) Sec. 15. The mayor may issue process and hear, in a Mayor may summary way, any complaint against any person to whom a license a^nst° CeSS licensees of any description has been granted in pursuance of this act, for any violation of the laws of the State or the ordinances of the corporation, and may issue subpoenas and compel the attendance of witnesses on the hearing of such complaint, in the same manner as justices of the peace in the trial of civil cases, and on such hearing may annul such license, or suspend it for any certain time. Every determination on May revo ke licenses such complaint shall be forthwith riled with the clerk of the city, who shall serve a certified copy thereof on the person holding a license affected by such determination, either personal or by leaving the same at his or her usual place of abode, and from the time of such service such license shall be annulled or suspended according to the tenor of such determination. (§ 85.) Sec. 16. Whenever, in the opinion of the common coun- Power of cil, any building, fence, or other structure of any kind, or any part „ n °° ncil ; thereof, is liable to fall down and endanger persons or property, they may order any owner or occupant of the premises on which such building, fence, or other structure stands, to take down the same, or any part thereof, within such time as they may direct. In case the order shall not be complied with, they may cause the same to be taken down at the expense of the city, on account of the owner of the premises, and assess the expense on the land ou which it stood. The order, if not immediate in its terms may be served on any occupant of the premise?, or be published in the city paper, as the common coun- safe build- ings, etc. 5 CHARTER OF THE CITY OF DETROIT. Chapter .">. officers: their rights, powers a.nd duties. cil shall direct. The common council shall also have power to pre- vent the construction and punish the maintainance of any fence on or along any street, or in front of any public place or space, that is com- posed, in whole or in part, of barbed wire or iron, or so constructed as tn be dangerous and liable to injure persons passing in front of the same. (8 86.) Sec. 17. The common council shall audit and allow all Claims against accounts chargeable against the city, but no unliquidated account, or claim, or contract shall be received for audit or allowance unless it be accompanied with an affidavit of the person rendering it, to the effect that he verily believes that the services or property therein charged have been actually performed or delivered for the city, that the sums charged therefor are reasonable and just, and that, to the best of his knowledge and belief, no set-off exists, nor payment has been made on account thereof, except such as are included or re- yv hat sufficient f erre( j i j n such account or claim. It shall be a sufficient bar and bar to action answer to any action or proceeding in any court for the collection of any demand or claim against said city, that it has never been pre- sented to the common council for audit or allowance, or if on con- tract, that it was presented without said affidavit and rejected for that reason, or that the action or proceeding was brought before the common council had a reasonable time to investigate and pass upon it. clerk to coun- (§ 87.) Sec. 18. The city clerk shall countersign all licenses lersign licenses. granted by the mayor or any other officer thereto authorized, and shall enter in proper books full minutes of such licenses, and no- license shall be valid unless so countersigned. CHAPTER VI. REPORTS OF OFFICERS AND BOARDS.- (§ 88.) Section 1. The common council may at any time, by resolution, require from the various officers, boards and commission- mates, etc.tof officers. ers of the corporation, reports and detailed statements of any matter under their control, and it shall be the duty of such officer [officers], boards and commissioners to comply with said resolution; the com- mon council may, by ordinance, determine the date, and from time to time change the same, at which estimates of such officers, boards and commissioners of said corporation for the next fiscal year shall be made. (As amended by Act approved June 2, 1887.) CHAPTER VII. COMMON COUNCIL — HOW CONSTITUTED — POWERS AND DUTIES. (§ 89.) Section 1. The legislative power of the city is vested in Of whom court- a common council, to be composed of the aldermen elected from each cii composed, etc. ward of the city. The board of councilmen is hereby abolished. The board of aldermen shall hereafter be known as the common council; and the president of the board of aldermen shall be known as the president of the common council, All the powers and duties of said board of councilmen are hereby conferred on the common council, except as is otherwise provided in this act. The words "board of aldermen " shall be taken to mean the common council whenever they occur in the charter. (As amended by Act approved June 2, 1887.) (§ 90.) Sec 2. Repealed by Act No. 438. Approved June 2, 1887. (§ 91.) Sec 3. Repealed by Act No. 438. Approved June 2, 1887. (§ 92.) Sec 4. Repealed by Act Ne. 438. Approved June 2, 1887. (§ 93.) Sec 5. Repealed by A^t No. 438. Approved June 2, 1S87. (§ 94.) Sec G. Repealed by Act No, 438. Approved June 2, 1887. (§ 95.) Sec 7. Repealed by Act No. 438. Approved June 2> 1887. 54 CHARTER OK THE CITY OF DETROIT. . OMMON COl M 11 : HOW I ONSTITUTED, POWERS VND DUTIES, Duties of com- mon council on (§ 96.) Sec. 8. All nominations by the mayor shall be made to appropriation, ports, contracts, city officers or boards, all contracts and bonds given for the faithful etc. performance of work, and all claims and accounts shall be sent to the common council and shall not go into effect or be of any force until considered and approved by said common council. Common council, quorum, etc. Clerk of (§ 97.) Sec. 9. The aldermen of the city shall constitute the common council thereof, and a majority of all the aldermen elected shall be a quorum for the transaction of business, but a smaller num- ber may adjourn from day to day, and upon a call of the common council by any member thereof, if supported by a majority of the members present, whether a quorum or not, the president shall have power to send any member of the police force of the city to bring the absent aldermen forthwith before said board. The clerk of the city shall be clerk of the common council. (As amended by Act ap- proved June 2,1887.) Election of '§ ^8.) Sec. 10. The board of aldermen at their regular meet- President and . ^ . President pro ing on the Second Tuesday in January of each year, and after the tempore. newly elected aldermen, or a majority thereof, shall have entered into their offices, shall elect by a viva voce vote * from their number a president and president pro tempore, who shall serve for the period of one year, unless sooner removed by death or otherwise, and shall have the powers and duties prescribed in this act. And the clerk of City Clerk to be said city shall call the first meeting of the holding over and newly clerk of, to caH and preside over elected Aldermen to order, and shall preside over the same, and each first meeting. of their subsequent meetings, until a president of such board of aldermen shall be elected, and no other business shall be transacted by said board until a president thereof shall have been chosen. *Note No. 4, Appendix. CHARTER OF THE CITY OF DETROIT. 55 COMMON COUNCIL! HOW CONSTITUTED, POWERS AND DUTIES. (§ 99.) Sec. 11. The board of aldermen shall hold one regular | ess ^°°^ of session each week, and no more, at such times and places as they shall * by ordinance or resolution direct,and may adjourn regular sessions from time to time, as may be deemed expedient. In no case, however shall an adjourned session be deemed for any purpose another regular session. (As amended by Act approved June 2, 1887.) (§ 100.) Sec. 12. Special meetings of the board of aldermen may Special meet- he called at any time by the mayor, or if one-third of the aldermen c f^l] not ' ce elected shall, in writing, request the president of the board of alder- men to call a special meeting, stating therein the time and objects thereof, and if he shall refuse or neglect for twenty-four hours to call such meeting, a copy of such request to the president may be filed with the clerk of the city, with the certificate of an alderman endorsed thereon, showing the presentation thereof to the president, and his re- fusal or neglect as aforesaid, and thereupon such special meeting shall be held, and the clerk of the city shall cause notice thereof, and of its time and place, to be served on each of the members of the board of aldermen personally, or by leaving the same at their usual place of abode, and the proceedings of said meeting shall be limited to the objects thereof as set forth in such request to the president. Special meetings may be adjourned from time to time, as may be deemed necessary, in order to dispose of the business which they are called to consider. (As amended by Act approved June 2, 1887.) (§ 101.) Sec. 13. Every ordinance, resolution or proceeding of Ordinances, etc, the common council imposing taxes or assessments, or originating the involving ex- penditure of expenditure or disposal of money or property, or whereby the corpor- money to be ation, or any board of officers under this act may incur any debt or ^° 1 ™"°^ 1 e c °""." or liability, including ordinances and resolutions for the fixing of salaries and for the payment of debt and liabilities previously and lawfully contracted, shall, except resolutions making appointments to or re- moval from office, and except ordinances and resolutions for the fix- 5 6 CHARTER OF THK CITY OF DETROIT. , , ; ; COMMON COUNCIL: HOW CONSTITUTED, POWERS AND DUTIES. ing of the annual estimates and salaries, and for payment of debts and liabilities previously and lawfully contracted, before it takes effect, be presented by the clerk to the mayor ; if the mayor approve Mayor may . , ' , . „ veto thereof he shall write thereon his approval, with the date thereof, and sign the same, and thereupon such ordinance, resolution, or pro- ceeding shall go into effect ; and such as he shall not so approve and sign he shall return to the common council, with his objections there- to in writing, under cover, sealed and addressed to said board. (As amended by Act approved June 2, 1887.) SStoip^Sw. (§ 102.) Sec. 14. If the mayor shall neglect to approve as aforesaid, any ordinance, resolution or proceeding, or return the same, as aforesaid, with his objections, at its next regular meeting after the same shall have been presented to him by the clerk, as before provided, the same shall go into effect. (§103.) Sec. 15. Upon the return, as aforesaid, of any ordinance r Passing ordi- \o j Sver e objections resolution or proceeding, the common council receiving such matter, with the objections of the mayor, shall proceed to reconsider the vote by which the same was passed and adopted ; and if, after such recon- sideration, two-thirds of all the members elected of the common council shall agree by ayes and noes, which shall be entered of record, to pass or adopt the same, it shall go into effect. (As amended by Act approved June 2, 1887.) (§ 104.) Sec 16. The clerk of the city shall, at the time of pre- Clerk's certifi- cate of presen- sen ting any ordinance, resolution or proceeding of the common coun- tation. ° J cil to the mayor for his approval or disapproval, make a certificate to be endorsed thereon, or attached thereto, in which he shall specify Recording certificate. tlie ^ay on which the same was so presented ; and such certificate shall be recorded with the proceedings of the common council. ete^where'de- (§ 105.) Sec. 17. All ordinances, resolutions, and written pro- recorded, ceedings of the common council shall be deposited in the office of CHARTER OF THE CITY OE DETROIT. common council: how constituted, powers and duties. Chapter , the clerk of the city, who shall safely keep the same, and they shall be recorded in proper books, to be provided therefor. He shall keep journal, etc. a journal record of the proceedings of the common council, and also a record of every ordinance enacted and the time of its first publica- tion, which record shall be signed by the clerk, and by the president of the common council. (As amended by Act approved June 2, 1887.) (§ 106.) Sec. 18. Such part of the proceedings of the common Publication of council as the council may deem advisable and direct, may be pub- proceedings of J council. lished in the official daily newspaper, published in said city, in the English language, or said proceedings, or any part thereof , may be published in such other form as the council may by resolution direct. All ordinances shall be published for three successive days in such official daily newspaper, and shall take effect in ten days after their Ordinances, how published enactment : Provided, however, That the common council may fix and when to take effect. and prescribe therein a different period, and that no ordinance shall take effect before one publication thereof:* And provided further. That the common council may direct such portion of such proceed- ings and ordinances, as it may deem proper, to be published in other languages, in a newspaper published in such language in said city, publications in foreign lan- at a price not exceeding the rates paid the official paper, and at an guages and ex- r ~ pense thereof. annual expense not exceeding twenty-five hundred dollars for all publications in other languages. (§ 107.) Sec. 19. The style of all ordinances shall be: "It is hereby ordained by the People of the Citv of Detroit." No ordinance Style of ordi- nances. shall be revised, altered or amended by reference to its title only, but the section or sections of the ordinance altered or amended, shall be re-enacted and published at length. (§ 108.) Sec. 20. All meetings of the common council shall be public, and its proceedings and records shall be open to public inspec- , , .. Council meet- tion at reasonabl e times. ingstobc pub- ZZZZ lie. *See note No. 5, appendix. 58 CHARTER OF THE CITY OF DETROIT. Ch \ri EK Right of petition. COMMON I'lllM'M.: HOW ( ONSTITI'THO, POWERS AND DUTIES. ($ 109.) Sec. 21. The inhabitants of said city shall have the righl of petition to the common council. Power ami ^compensation 1 1 il of kldermen. tij 110.') Sec. 22. The board of aldermen shall be the judges of the election and qualifications of its own members, and shall have the power to determine contested elections to said board; the compensa- tion of members of the said board shall be six hundred dollars each per annum, payable in monthly installments. Said board shall also have power to determine the rule of its proceedings and to pass and enforce all by-laws and rules necessary and convenient for the tran- saction of business and not inconsistent with the provisions of this act. (As amended by Act approved June 21, 1887.) Power of com- mon council over all proper tv of corpora- tion. (§ 111.) Sec. 23. The common council shall have the general management and control of the finances, and all the property, real, personal and mixed belonging to the corporation, whether lying with- in or beyond the limits of said city, with full power to lease, sell, con- vey, transfer, and dispose of the same absolutely, and shall have power to make all necessary regulations for preserving and protecting the same from destruction, decay, or injury, and concerning the man- agement thereof. Resolution, (§ 112.) Sec. 24. No resolution, ordinance or proceeding of the with expendi- ture, etc., not common council, imposing taxes or assessments, or requiring the pay- to pass same his' introduced 1 ment > expenditure, or disposal of money or property, or creating a debt or a liability therefor, and no other ordinance shall be passed at Exception. the same meeting at which it was introduced, unless by unanimous consent, or at a special meeting called therefor, and every such ordi- Ayes and Nays, nance, resolution or proceeding shall be passed by ayes and nays, to be entered on the reeord; and, upon the demand of one-fourth of the members present, the ayes and nays shall be taken on any question and entered upon the record. CHARTER OF THE CITY OF DETROIT. 59 common council: how constituted, powers and duties. Ch apte r < (§ 113.) Sec. 25. No alderman shall vote on any question in Voting. which he is interested; on all other questions every alderman present shall vote, and in all cases of tie-vote the question shall be lost, (As amended by Act approved June 2, 1887.) (§ 114.) Sec. 26. All appointments to office, by the board of ^°^^ aldermen, shall be made by a majority vote of all the aldermen by majority vote elected, and removals from office shall be made by a majority vote of all the members of the common council elected, except in cases where, by this act, a different vote may be required. K§ 115.) Sec. 27. The president of the board of aldermen shall ^sWent to rru committees. appoint such committees as the board may deem necessary. Ine duties of standing committees shall be prescribed by general ordi- nance. (§ 116.) Sec. 28. The chairman of any committee, and the ^ h °J r e m ^° f and members of any board established by or under this act, may admin- minister ' ;U h s , etc. ister oaths and take affidavits in respect to any matter pending before such committee or board; such committees or board shall have power to subpoena witnesses, to compel their attendance, and the pro- duction of necessary papers in all examinations pending before them, and to that end the common council may prescribe and regulate the necessary proceedings, and confer upon the police force of said city, • or any officer of the corporation, all needful powers for the purposes aforesaid. The common council shall have power to provide by ordi- nance for the enforcing of the provisions of this section, and to pre- scribe the penalty for a violation of any of the provisions thereof. (§ 117.) Sec. 29. The common council, in addition to its other Powers of powers under this act, and subject to and consistently with its pro- common council visions, shall have power within the limits of jurisdiction of the cor- poration, as are specified in the following sections. 6o CHARTER OF XHE CITY OF DETROIT. common council: how constituted, powers and duties. roregulate (§ lis,) Sec. 30. The common council shall have power to pro- n and appointment of • },, ,,,,. ;ul( j regulate the election and appointment of all ollicers, and officers and Iix ° their salaries. Wr ^^ remova ] from ffi ce) ;l nd for the filling of vacancies subject to the pr (visions of law; and may authorize and regulate the demand and receipt, by officers, of such fees and costs, and in such cases as the council may deem reasonable. It may also fix and regulate the compensation of all officers elected or appointed under or by virtue of any act relating to said city, except as may be otherwise provided; but the compensation of no officer, fixed by an annual or periodical salary, shall be diminished during the term for which he was elected or appointed; nor shall the salary of any officer be increased during his term of office, unless by a two-thirds vote of said council. Detroit river. „, jjg ^ g EC gi rj^g comm on council shall have power to pro- vide for and preserve the purity and salubrity of the waters of the Detroit river; to prohibit and prevent the depositing therein of all filthy and other matter tending to render said water impure, unwhole- some or offensive ; to preserve and regulate the navigation of the said river within the limits of the said city ; to prohibit and prevent the depositing of or keeping therein any structure, earth or substance tending to obstruct or impair the navigation thereof ; to remove all obstructions that may at any time occur therein, and to direct and regulate the stationing, anchoring and mooring of vessels, and the laying out of cargoes and ballast for the same. It may also license, Control ferries. continue and regulate as many ferries from within said city to Belle Isle and the opposite shore of the Detroit river, for the carrying and transporting of persons and property upon and across said river, in such manner as shall seem most conducive to the public good : Pro- vided, however, That nothing in this act contained shall be construed To maintain to prevent the construction and maintenance of a bridge across the a bridge. Detroit river. It shall be the duty of the board of metropolitan police commissioners to detail an officer or member of the metropolitan. CHARTER OF THE CITY OF DETROIT. 6l common council: how constituted, powers and duties. Chapter ' police force of said city, who shall act as, and whose official designa- tion shall be, harbor master. The harbor master shall have full police powers over the waters of the Detroit river within said city, and shall enforce the ordinances of the city in regard thereto. He shall have power to control and regulate the anchoring of vessels and boats in said river, and the use of the docks and wharves along the same ; and it shall be the duty of every captain, master, owner, or other person in charge of any such vessel or boat to comply with the ordinances of the city, and to obey the instructions and directions of Harbor Master said harbor master ; and in casse of any neglect or refusal so to do, it may move J ° vessels. shall be the duty of the harbor master to move said boat or vessel and for that purpose he may employ men and tugs, and may enter upon and take and retain possessiaa of said boat or vessel until the reasonable expenses so incurred by him have been paid by the master or other person having charge of said boat or vessel ; and the police force of said city shall render him such assistance as may be necessary to enforce the city charter and ordinances. Any captain, master, owner, or other person in charge of any vessel, who shall neglect or refuse to comply with the instructions and directions of the harbor master, in the performance of his duties, shall be deemed guilty of a misdemeanor. (§ 120.) Sec. 32. The said council may erect, and repair and regulate public wharves and docks at the end of streets, and on the and ^^ s property of the corporation. It shall have power to regulate the erec- tion and repair of private wharves and docks, so that they shall not extend into the Detroit river beyond a certain line, to be established by the common council, and to prohibit the encumbering of all public wharves and docks with boxes, carriages, carts, drays, sleighs, sleds, or other vehicle or thing whatever. The common council may also lease the wharfs and wharfing privileges at the end of streets on the Detroit river in said city, upon such terms and conditions, and under oj CHARTER OF THK CITY OF PF.TROIT. Chapter 7. i ommon i "i mcii : how constituted, powers and duties. Buch covenants, and with such remedies in case of non-performance as the common council may direct, but no buildings shall be erected ] gage, thereon. No lease thereof shall be executed for a longer period than three years: Provided, That a free passage at all times for all persons with their baggage over said public wharves shall be reserved. Council to (g 121) Sec. 33. The common council shall have power to make, grade, ° publk grounds, make, grade, improve and adorn the public squares, spaces, grounds and parks belonging to or under the control of the corporation, and to control and regulate the same consistently with the purposes and ob- jects thereof. It shall have power to establish, open, widen, extend, straighten, alter, vacate and abolish highways, streets, avenues, lanes, alleys and public grounds or spaces within said city;* and to grade pave, repair and otherwise improve the highways, streets, avenues, lanes, alleys or interior public spaces created by the intersection of streets, crosswalks and sidewalks in said city with stones, wood, brick or other material; and the common council shall have full power and authority t© provide for the paying the costs and expenses thereof, by assessment in such manner as shall be prescribed by law, which assess- ment shall be a lien, until paid, on the lot, lots or premises on which the same are bounded, and shall be collected in such manner as shall be Proviso as to re-paving, etc. authorized by law: Provided, That the costs and expenses of all re- paving and repairing of streets, avenues and highways within the city shall be paid by the city out of the repairing fund created and raised for such purpose. The said common council may also provide for working and improving all highways, streets, avenues, lanes, alleys and public spaces within said city, and may assess and levy upon the taxable property within said city, and expend such highway taxes therefor as may be necessary, and may elect whether the same shall be collected in money or labor in such amount as the common council shall prescribe for each ward respectively: Provided, Such highway ♦See Note 6 Appendix. CHARTER OF THE CITY OF DETROIT. 63 common council: how constituted, powers and duties. Chapter 7 taxes shall not in amount exceed the rates now fixed by law, and the Proviso as to amount or tax. same shall be assessed, levied and collected as other taxes. (As amended by Act approved June 24, 1887.) (S 122.) Sec. 34. Said council shall also have power to provide v ° ' Cleaning for cleaning the highways, streets, avenues, lanes, alleys, public streets > etc - grounds and squares, crosswalks and sidewalks in said city, of dirt, mud, filth and other substances, and for selling or otherwise dis- Disposal of garbage, etc. posing of the same, and of all earth to be removed therefrom, or from the public squares and grounds of said city, in grading, paving or otherwise improving the same. It shall further have power to pro- 1 ° To prohibit hibit and prevent incumbering or obstructing streets, lanes, alleys, stretts.'etc? 8 ' crosswalks, sidewalks and all public grounds and spaces with vehi- cles, animals, boxes, signs, barrels, posts, buildings, dirt, stones, brick and all other materials or things whatsoever, of every kind and na- ture, and to remove the same therefrom; to prevent the exhibitions of signs on canvass or otherwise in or upon any vehicle standing or Signs. traveling upon the streets and public grounds of said city; to con- trol, prescribe and regulate the mode of constructing and suspending awnings, and the exhibition and suspension of signs therein; to com- Awnings. pel, within such limits or along such streets in said city as the com- mon council shall prescribe, all owners or occupants of lots, blocks or parcels of land within said limits or along said streets to clear the To compel 1 ° clearing walks- sidewalks in front of and adjacent thereto of snow, ice, dirt, mud, ° snow > etc - boxes and every incumbrance or obstruction thereon, and in case of land owned by non-residents, and of land belonging to churches, cor- porations, charitable and other like associations, and. of lands in the hands or control of executors, administrators, guardians, assignees, trustees or agents, and in all other cases where such snow, ice, dirt, mud, boxes, incumbrance or obstruction, is or are not removed within the time required and prescribed by ordinance, the common council shall have full power to cause the removal of the same, and cause the CH \KTKR OF THK CITY OK DETROIT. common i oincii : now i (INSTITUTED, POWERS and DUTIES. Sprinkling streets, etc. expense of such removal to be assessed, levied and collected from the abutting property, in thfe same manner as assessments are made, ley Led and collected for the repair and construction of sidewalks, and Assessments any assessment so made shall become a lien upon the property as- to be liens. sessed at the time when the same is due and payable; also to control, sheets etc. prescribe and regulate the manner in which the highways, streets, avenues, lanes, alleys, and public grounds and spaces within said city shall be used and enjoyed; also to provide for sprinkling the streets and public places in said city, or any portion thereof, not less than one block, upon a petition of a majority of the persons owniDg the lots and parcels of land abutting the same, and to assess and collect the expense of such sprinkling upon and from such lots and parcels of land, in the same manner as assessments are made and collected for paving streets in said city; also to establish fire limits in said city, and from time to time to enlarge the same, and to prohibit and pre- vent the location and establishment of any yard for the sale or storage of lumber; also to prohibit and prevent the location or construction of any wooden frame house, store, shop or other building on such streets, alleys or places, or within such limits in said city as the com- mon council may from time to time prescribe: to prohibit and pre- vent the removing of wooden and frame buildings from any part of said city to any lots on such street, alleys and places within said limits, and the rebuilding and repairing of the same; and to direct and regulate the planting, and provide for the preservation of orna- mental trees on said highways, or said avenues, streets and public places; to provide for and regulate the lighting of said avenues, streets and public places, and the erection of lamps and lamp posts therein; to prohibit and prevent racing or fast and dangerous driving and riding therein; to prohibit and prevent the circulating, distribut- ing and giving away of circulars, handbills or advertising cards of any description in or upon any of the avenues, streets, alleys or public Fire limits. Construction of wooden building's. Trees. Lighting- streets, etc. Racing. Circulars, handbills, etc. ; CHARTER OF THE CITY OF DETROIT. 65 common council: how constituted, powers and duties. Chapter 7 places in said city in a manner having a tendency to frighten horses, and also to prohibit and prevent the flying of kites, and all practices, flying kitos - aniusements and doings in said city having a tendency to frighten teams and horses, or dangerous to life or property; to remove or Removal of cause to be removed all walls and other structures that may be liable dan s erOLt s J structures. to fall therein, or otherwise so as to endanger life or property; to , , 1 , . . Inspection of compel and regulate the inspection of all steam boilers used in said boilers, city for operating machinery, or [for heating purposes, and to require and compel all engineers and persons in charge of, operating or using steam boilers for any of the purposes above named, to be licensed, and to give security for faithful performance of duty in such sum as the said common council shall prescribe; to compel persons to fasten Ftistcnin°* or secure their horses, oxen or other animals attached to vehicles, or horses, etc. otherwise, while standing or remaining in the streets, lanes or alleys of said city; to prevent persons from driving vehicles, or otherwise, Driving on ., . , , , „ , sidewalks, etc. upon or across the sidewalks thereof; and said council shall also have power to license and regulate, by ordinance, the keeping and main- tenance of intelligence oflices, and to require the person in charge of and conducting such offices to furnish a good and satisfactory bond for the due observance of the charter and ordinances of said city. (As amended by Act approved June 29, 1889.) (§123.) Sec 35. The council may regulate the ringing of bells and the blowing of steam whistles ; and may provide for the Dro- ?V? gi ?s of K bells, blowing hibition and prevention of any riot, rout, disorderly noise, disturbance, disOTderiy S ' ., ., . „ , . conduct. or assemblage, or the crying of any goods in the streets or elsewhere in said city, or the exhibition of fireworks and linns' of cannon or anv ~ » J Firearms. fireworks dangerous to life or property, within the limits of said cor- poration. It may also prohibit and prevent in the streets or elsewhere Indecent ex- it) said city indecent exposure of the person, the show, sale or ex- posureof person hibition for sale of indecent or obscene pictures, drawings, engravings, Obscene pic- . . , , , , tures, books, etc paintings, and books and pamphlets, and all indecent or obscene ex- 66 CHAKTKK OK TIIH CITY OK DETROIT. Iy.l e and i i . \i \i, \ COUNCIL! HOW CONSTIT1 rED, POWERS iNDDI ins. hiliitions ami shows of every kind, ami may provide for the general peace, order ami good government of said city. Order on Ai ri> .il and departure of cars, etc. Regulate drn irs, hackmen, etc. Sale of wood and coal. Regulate driving or running at large of cuttle, etc. : and im- pound same. Dogs. (§ 124.) SBC. 36. The common council shall have power to preserve quiet and order on the docks and in the streets of said city, al the arrival and departure of railroad cars, steamboats, and other vessels, and prescribe and regulate the manner and place in which drivers, porters, runners, solicitors, agents, and baggage collectors for hotels or public houses, or express companies, draymen, cabmen, cart- men, hackmen, omnibus drivers, and solicitors for passengers, or for baggage, with their drays, carts, cabs, carriages, sleighs, or other vehicles shall stand, and to prohibit or prevent them from entering or driving within any railroad depot, or upon any wharf or dock, or en- tering upon any steamboat or other vessel, to solicit passengers or luggage. It maj r also prescribe places or stands in the streets of said city within w T hich drays, carts, cabs, hacks, coaches, carriages, sleighs, sleds and other vehicles may stand and be kept for hire, and within which loads of wood, coal, hay and other articles may be kept for sale, and to regulate such stands and places. (§ 125.) Sec. 37. The common council shall have pow T er to pro- hibit and prevent, or regulate the leading and driving, or running at large, of cattle, horses, asses, mules, swine, sheep, goats, geese, and domestic fowls, in the streets or elsewhere in said city, and to im- pound the same when running at large, in one or more sufficient pounds, to be provided and maintained by the city, and to sell the same to pay the cost of proceedings, and any penalty thereby in- curred, rendering the surplus, if any, to the owner. It may also pro- hibit and prevent, or regulate the keeping and harboring of fierce and vicious dogs, and prevent or regulate the running at large of dogs, or require them to be muzzled, and may authorize their destruction. CHARTER OK THE CITY OF DETROIT. 67 common council: how constituted, powers and duties. Chapter 7 (§ 126.) Sec. 38. The common council may establish, construct, Construct, maintain. maintain, repair, enlarge and discontinue within the highways $ose, etc., = J ' drains or streets, avenues, lanes, alleys, and public places of said city, such sewers - bridges, culverts, sewers, drains and lateral sewers and drains, as the common council may see fit, with a view to the proper sewerage and -drainage of said city, and may compel the owners of all occupied lots, premises, and subdivisions thereof, within said city, to construct private drains or sewers therefrom, to connect with some public sewer or drain ; said private drains and sewers shall be constructed in such manner, and of such form and dimensions, and under such regula- tions as the common council shall prescribe. (§ 127.) Sec. 39. The common council shall have powder to sur- Ascertain boundaries of vey, ascertain and establish the boundaries of all highways, streets, highways. avenues, lanes, alleys, public parks, squares and spaces in said city, Numb igs. and to provide for and enforce the numbering of the buildings there- buUdin/ on; to prohibit and remove all encroachments upon and obstructions Obstructions. in the same, by buildings, fences, or in any other manner. (§ 128.) Sec. 40. The said council may provide for the draining ° Drainage of of any swamp, marsh, wet or low lands in said city, or within the dis- low lands ' etc tance of three miles therefrom, by the opening of ditches; but a jury of not less than twelve disinterested freeholders of the County of Wayne, before any proposed ditch can be opened, shall ascertain that the opening thereof is necessary or proper; also, whether the benefits which will accrue to the owner or owners of any lands, from the open- ing of the ditch, will or will not be equal to any damages he or they will sustain thereby. If such benefits are exceeded by the damages they shall ascertain and certify the damages to which the owner or owners will be entitled, after deducting therefrom the amount of benefits their lands will receive from the opening of the proposed ditch. On payment or tender of the damages thus ascertained an ' certified, the common council shall have power to enter upon anv land 68 CHARTER OF THE CITY OH DETROIT. Chapter 7. common counch how constituted, powers and di ties. through which the proposed ditch will run, with the necessary agents, teams and implements, to cut and open said ditch; to protect, clean and scour it from time to time, so as to preserve its original dimen- sions, and to prohibit and prevent all obstructions thereof or injury thereto. In empaneling said jury, the right of challenge shall be preserved as in ordinary civil cases. No more than two peremptory challenges shall be allowed to the city, and a like number to the per- son or to the parties collectively, whose lands are to be affected by the proceeding. The challenge to the array shall be in writing, and shall distinctly state the reasons therefor. (§ 129.) Sec. 41. The common council shall have power to Power to pur- chase and sell purchase real estate for the use of said corporation, for corporate real estate and * mortgage same. p ur p OSeg) anf j to execute mortgages of the same, for any balance which may remain unpaid on the purchase money paid for such real estate. They shall also have power to purchase and control land for cemetery purposes, either within or without the corporate limits of Cemetery. said city ; erect or provide for the erection of al! needful buildings and offices for the use of the corporation or of its officers, and to con- trol and regulate the same ; to establish, organize, and maintain an alms-house and a hospital ; to purchase the necessary grounds, and Establish Alms Houses, etc. erect and provide for erecting the necessary buildings therefor, either within or without the city limits, and to use, control and regulate the same as fully as though located within such limits ; and for such purchase of hospital grounds, and for the erection of hospital build- propriate P ings, the said common council shall have power to expend and ap 815,000 from contingent propriate out of the contingent fund of said city, a sum not exceeding I'und for Hospital. fifteen thousand dollars ; to establish and build jails, workhouses and House of houses of correction for the confinement of offenders; to erect and Correction. provide for erecting the necessary buildings therefor, and control and regulate the same ; to appoint all necessary officers for taking charge of the same, and of persons confined therein ; to prescribe their CHARTER OF THE CITY OK DETROIT. 69 oommon council: how constituted, powers and duties. Chapter 7 powers and duties, and provide for their removal from office and the fillino- of vacancies; to erect and maintain market houses ; establish Market h °»ses markets and market places ; to lease market stalls, booths and stands ; to provide fully for the good government and regulations thereof, Lease Market and to prohibit, prevent and punish forestalling and regrating. (§ 130.) Sec. 42. The council shall have power to provide for the preservation of the general health of the inhabitants of said city; to make regulations to secure the same; to prevent the introduction or spreading of contagious or infectious diseases; to prevent and sup- C t ° nt ^ < ,' , l '^.., press disease generally, and, if deemed necessary, to establish a board of health, and prescribe and regulate its powers and duties; to pro- hibit, prevent, abate and remove all nuisances in said city, or within the distance therefrom of half a mile, and to punish the authors or maintainers thereof, and authorize and direct the speedy or immediate abatement or removal of nuisances by some officer of said citv. If, Re .'" ov '" g * ** nuisances. in order to abate or remove any nuisance, the common council shall deem it necessary to fill up, level, or drain any lot or premises, they shall have power so to do; to assess the costs and expenses of such filling, leveling or draining, and impose the same as an assessment or tax on said lot or premises, which shall be a lien thereon till paid, and shall be collected in the same manner as other taxes and assess- ments levied and imposed by authority of the common council; it shall also have power and authority to compel the owner or occupant of any grocery, cellar, tallow chandler's shop, soap, candle, starch or glue factory, tannery, butcher's shop or stall, slaughter-house, stable, barn, privy, sewer or other unwholesome or nauseous house or place, to cleanse or abate the same whenever necessary for the health, com- for,t or convenience of the inhabitants of said city; to prohibit and prevent any person from burying, depositing or leaving within the limits of said city, or within one mile distant therefrom, or keeping, or having on the premises owned or occupied by him in said city, any CHARTER OF THE CITV OK DETROIT. ( I IMMON COUNCIL: how CONSTITUTED, POWEKS AND DU l"IES. Dead carcasses dead carcass, putrid or unsound beef, pork, fish, hides and skins, and and putrid m 'tter. any article, substance or thing that is unwholesome or nauseous, and to compel and authorize the removal thereof by some officer of said city, or to compel any person so bringing, depositing or leaving within the limits of said city, or within one mile distant therefrom, or keeping or having on the premises owned or occupied by him in said city, any dead carcass, putrid or unsound beef, pork, fish, hides and skins, and any article, substance or thing that is unwholesome or nauseous, and to compel and authorize the removal thereof by some officer of said city, or to compel any person so bringing, depositing or leaving the same within the limits of said city, or one mile distant therefrom, or having or keeping the same on the premises owned or occupied by him in said city, to remove the same. The common council is also empowered to enact and provide by appropriate ordi- Garbage, nance for the manner of collecting, transporting, conveying and removal of, etc. handling of garbage and all animal and vegetable matter ana refuse in said city. Also to prohibit the feeding of the same to animals within said city; and to require all persons in said city to dispose of the same in the manner provided by said common council in said or- dinance for the removal and destruction thereof, and to impose and: enforce appropriate penalties for any violation of said ordinance. (as amended by Act approved June 17, 1889.) (§ 131.) Sec. 43. The said council may direct and regulate the s J ink a s r and hpS ' construction of cellars, slips, barns, private drains, sinks and privies, compel the owner or occupant to fill up, drain, cleanse, alter, relay or repair the same, or cause the same to be done by some officer of the corporation and assess the expenses thereof on the lot or premises having such cellar, slips, barn, private drain, sink or privy thereon, , which assessment shall be a lien on such lot or premises, and be col- lected in the same manner as other assessments imposed; by authority, of the common council. It may also direct and regulate- the construe;- privies. CHARTER OF THE CITY OF DETROIT. Jl common council: how constituted, powers and duties. Chapter '•' tion of lateral sewers or drains, for the purpose of more effectually Lateral sewers draining all lots, or cellars, yards and sinks within the limits of said city, whenever, in their opinion, the same shall be necessary. Such lateral sewers or drains shall be laid or constructed through any of the streets or alleys adjoining, or in front of the premises through which sewers or drains shall be ordered constructed, and assess the ex- penses thereof on such lots or premises benefited thereby, which as- ^^|*™ ents sessment shall be a lien on such lots or premises until paid, and be collected in the same manner as other assessments imposed by au- thority of the council. (§ 132.) Sec. 44. The common council may regulate the keep- Keepin g powder. ing and conveyance, in said city, of powder and other combustible or dangerous articles, and the use and kind of lights or lamps to be used in barns, stables, and all buildings and establishments usually regard- ed as extra hazardous in respect to fire ; and shall have power to pro- hibit and prevent, within certain limits in said city, to be determined Location of bv the common couucil, the location or construction of buildings for Buildings to be used for busi- the storing of powder, powder factories, tanneries, distilleries, build- {J^l^f™^ , . , , life or health. ings for the manufacture or storing of turpentine, camphene and dangerous or easily inflammable or explosive substances, .-laughter- houses and yards, butchering shops, soap, candle, starch and glue factories, establishments for steaming or rendering lard, tallow, offal, aud such other substances as can be rendered into tallow, lard or oil, and all establisments where any nauseous, offensive or unwholesome business may be carried on. And such buildings, factories, shops and establishments as aforesaid, now or hereafter to be constructed in said city, whether within or without the limits, to be determined as afore- said, together with blacksmith shops, founderies, cooper shops, steam boiler factories, carpenter shops, planing establishments, breweries, and all buildings and establishments usually regarded as extra hazard- ous in respect to fire, shall be subject to such regulations in relation 72 C11AKTKK OF THK CITY OF HKTROIT. . OMMON COl Mil : now CONSTITUTED, POWERS and Dt His. Safeguards j;.uiir of the agent having charge of the same : And provided further, That the common council shall not have power to require the measuring of wood, except at the request of the seller or purchaser thereof, or the agent of either of them. The said council is also authorized to regulate the weights and measures to be used in said city, and compel every merchant retailer, trailer and dealer in merchandise, groceries, provisions, or property of any de- Weights and scriptiou which is sold by measure or weight, to use weights and measures. r J ° ° measures to be sealed by the city sealer, and to be subject to his in- spection and alteration, so as to be made conformable to the standard of weights and measures established by the general laws of the state : P rov i so Provided, That this section shall not be construed as interfering with or in any way affecting the powers and duties of any city sealer ap- pointed under or by virtue of any other act relating to said city. Paupe Burial o£ strangers, Res istration of births and deaths. (§ 141.) Sec. 53. The common council may provide for the pro- tection and care of paupers, and may prohibit and prevent all persons from bringing, in vessels or in any other mode, to said city, from any other port or place, any pauper or other person liable to become a charge upon said city, and to punish therefor. It may also provide for the burial of strangers and poor deceased persons ; and regulate the burial of the dead, and the registration of births and deaths, and to order and compel the ordering and keeping and returning of bills of mortality by physicians, sextons and others. In case of the death of any person in the city, every physician or person acting as such, who had charge of, or who was in attendance upon such person at the time of death, shall forthwith file in the office of the board of health a certificate, stating to the best of his knowledge, information and belief, the name, age, sex, nativity, occupation or profession, date and manner of death, and name of disease ; and in order to carry out CHARTER OF THE CITY OF DETROIT. 77 common council: how constituted, powers and duties. Chapter 7 this provision it is authorized to enforce the same by its ordinances, and to punish any violation thereof. (§ 142.) Sec 54. The common council shall have power to pro- imprisonment vide for the imprisonment and confinement in houses of correction, for violation of ^ ordinances. at hard labor or otherwise, of all persons liable to be imprisoned or confined under this act, or any act relating to said city, or any ordinance of the common council. All expenses attending the confinement of TI r ° I low expense any person sentenced to be committed to any work-house or house of me |^p"jd and " by whom. correction of said city, for any offense against the general laws of this state, now or hereafter punishable by imprisonment in the state prison, shall be paid by the state treasurer quarter-yearly, on the cer- tificate of the city controller that such expenses have been incurred. All expenses attending the confinement of any person sentenced to be committed to any work-house or house of correction of said city, for any offense against the general laws of the state, now or hereafter not punishable by imprisonment in the state prison, shall be paid quarter- yearly by the treasurer of the county in which the offender was tried and convicted, upon the certificate of the city controller that such ex- penses have been incurred. Said council shall also have power, ex- cept as herein otherwise specified, to provide for the punishment of all persons offending against this act, or any law relating to said city, or any ordinance of the common council enacted under this or any other act of the legislature, by imposing fines, penalties, forfeitures and costs, and by imprisonment in the house of correction of said city ; any person convicted of any offense may also be required to give bail Holdin „ to b . li} for good behavior. If only a fine, penalty, forfeiture or costs be im- posed, the offender may be sentenced to imprisonment until payment thereof, for a term not exceeding six months. All punishments for offenses against the ordinances of the common council shall be pre- scribed in the ordinance creating or specifying the offenses to be pun- 6 v J h l Maximum of ished ; and no penalty or forfeiture shall exceed one thousand dollars; ."„', fin""""" 1 CHARTER OF THE CITY OF DETROIT. COMMON COUNI II HOW CONSTITUTED, POWERS AND DUTIES, qo fine >hall exceed five hundred dollars ; and no imprisonment shall ,v i ed the period of two years. (§ 148.) Sec. 55. The council may authorize the major to Mayor to ssue - oke , . licenses grant, issue ami revoke licenses in all cases where licenses may be granted and issued under this act and the ordinances of the common council; to direct the manner of issuing and registering the same; to prescribe the sum of money to be paid therefor into the treasury'of License regula- t i e corporation ^'o license shall be granted for more than one year, lions, foes. etc. r and the person receiving the same shall, before the issuing thereof, execute a bond to the corporation in such sum as the common council may prescribe, with one or more sufficient sureties, conditioned for a faithful observance of the charter of the corporation and the ordi- nances of the common council, and otherwise conditioned as the com- mon council may prescribe. The mayor shall inquire into the effi- ciency of the sureties in such bond,, and the same when approved by him shall be filed in the office of the clerk of the city. (§ 144.) Sec. 56. The common council may adopt, by ordinance Evidence of , , ,. title perpetu- or otherwise, such measures as may be deemed expedient to perpetu- ated. ate the evidence to the titles to real estate in said city, by the preser- vation of maps, plats, records and papers relating thereto, and by duly certified copies of such maps, plats, records and papers, and which, certified and filed as such ordinances shall prescribe, shall be received in evidence in all courts. (8 145.) Sec. 57. The common council shall have power to pro- Construction, .. , . , ,, - .of vide and ordain by ordinance that, whenever any sidewalk requires sidewalks by individuals. t0 ^ e built or repaired, the board of public works shall notify the owner, agent or occupant of any lot or parcel of land in front of or adjacent to which such walk is required to be built or repaired, to build or repair the same, and that if such agent, owner or occupant In case of * ^wner'e'tc. shall neglect, for a time to be specified in the ordinance, to do such CHARTER OF THE CITY OF DETROIT. 79 common council: how constituted, powers and duties. Chapter building or repairing, it shall be the duty of the said board to at once do or cause the same to be done, and in such case the expense thereof shall be assessed upon such lot or parcel of land, and shall be a lien thereon Until collected and paid in a manner to be prescribed in such ordinance; and the owner so neglecting to build or repair shall be Owner liaWe liable to the city for all damages which shall be recovered against the city for any accident or injuries occurring by reason of such neglect, and also to prosecution in the recorder's court, and, on con- viction, to be fined not to exceed five hundred dollars and the pen- alties in the city charter elsewhere provided. The common council shall also have power, by ordinance, to designate and determine the ^ t w '. i ^ for materials of which all sidewalks in the city shall be constructed, and to regulate their width and manner of construction. To effect the purpose of this section and secure the prompt construction or repair of sidewalks when ordered, and in anticipation of the collection of Payment for, etc. the expense thereof, to be assessed and collected as aforesaid, the common council shall have power to cause such expense to be paid in any case by warrant of the controller upon the contingent fund. All assessments in such cases paid after the expense of such construction or repair has been met, as above provided, by the city, sha'l be paid and credited to the contingent fund of the city. (As amended by Act ap proved June 25, 1887 ) <§ 146.) Sec. 58. The common council may also provide and ordain bv ordinance, that whenever it shall appear that anv taxes or illegal taxes or • ' J assessments. assessments have been illegally or collected, the common council may, by a vote of two-thirds of all members elected, direct and cause the amount so collected to be refunded out of the contingent fund, or in case it has not been collected, to vacate the assessment, and fix upon an amount, to be received in full of such tax or assessment, and no such action on the part of the council, under such ordinance, shall 8o CHARTER OF THE CITY OK DKTROIT. CH U'lIK COMMON COUNCIL! HOW CONSTITl rET>, POWERS AND DUTIES. Feea of jurors .mil witnesses in any way affect or invalidate any other tax or assessment assessed, levied or collected in said city. (§ 117) Sec. 59, Said council shall also have power to fix and regulate the fees of jurors and witnesses, in any proceeding under any act relating to said city, or under any ordinance of the Baid coun- cotfecUng cil, to assess, levy and collect taxes for the purposes of the corpora- tion, upon all property made taxable by the law for State purposes, which taxes shall be liens upon the property taxed till paid; to make regulations for assessing, levying and collecting the same, and to sell the property taxed to pay the taxes thereon; to appropriate money; provide for the payment of the debt and expenses of the said city, and to make regulations concerning the same; to provide for calling meetings of the inhabitants of said city by public notice thereof, fix- ing the time and place for meeting; to enact all ordinances necessary to carry into effect the powers conferred bylaw upon said council; the said council may also provide for printing and publishing all matter required to be printed and published under this act, or by order of the common council, in such manner as said council may prescribe. Public meetings Enact ordinances Printing, etc. (§ 148.) Sec. 60. The said common council shall also have Re-assessment to supply power to provide, by ordinance, that whenever any lots or premises have been or hereafter shall be legally, liable to be assessed for the costs and expenses of any paving, or other public work or improve- ment, and if it should appear that the amount originally assessed upon such lots or premises was not sufficient to pay in full the costs and illegality of expenses of such improvement, that a new re-assessment for the assessment. amount of such deficiency may be made upon such lots or premises ; and also if any such special assessment for the costs and expenses of the making of any such improvement shall be declared by any court Time for reassessment. Q f com p e tent jurisdiction to be illegal, to provide for a new or re- assessment upon such lots or premises for the amount of such costs CHARTER OF THE CITY OF DETROIT. common council: how constituted, powers and duties. and expenses ; and the common council may, by ordinance, limit the time within which such new or re-assessment shall be made, and pre- scribe all necessary rules and regulations in reference to the making =and collecting of the same. (§ 149.) Sec 61. Whenever any special assessment for the im- provement of a street, or for any public work shall, in the opinion of the common council, be invalid, said council may vacate and set the Vacating illegal -same aside. And when aDy such special assessment shall be so llssessment - vacated, or shall be held invalid by the judgment or decree of any •court of competent jurisdiction, said council may cause a new special Special assessment. assessment to be made, for the purpose for which the original assess- ment was made. Such new assessment shall be made in the manner .provided for making original assessments of like nature, in force at the time when such assessment should be made. And whenever the tax, or any part thereof, assessed upon any lot or parcel of real estate by the original assessment, set aside or held invalid as aforesaid, has ■been paid and shall not have been refunded, it shall be the duty of the receiver of taxes to apply said payment upon the re-assessment on said lot or parcel, and to make a minute thereof, upon the new assess- ment roll, and such re-assessment shall, to the extent of suoh pay- ment, be deemed paid and satisfied. All the provisions of the charter, making special assessments a lien upon the lots and parcels of real estate embraced therein, and also those relating to the collection of special assessments, shall apply to re-assessments made under this section. The provisions of this section shall apply to special assess- ments heretofore made, as well as to those which shall hereafter be made. (§ 150.) Sec. 62. Whenever in the opinion of the common Building sew- council it shall be beneficial to do so, they may direct any public or e . rs across °. r ' " J J ' tnrough private lateral sewers or drains mentioned in this chapter to be constructed premises - 82 CHARTEB OV THE CITY OF DETROIT. Chapter ■ common council: how constituted, powers and duties. Proviso. in ami through private property and lots; in all cases where the council deem it expedient to lay public or lateral sewers or drains through private property, and to take private property or the use thereof for such purposes, proceeding shall be had, as near as may be, similar in all respects to those now provided for in the case of taking private property for the opening, widening or extending streets and alleys, and damages and benefits shall be assessed in the same manner: Provided, First, benefits may be assessed upon all lots in each block in which the drain or sewer is laid, which are bene- fited by the improvement; and further, that all damages actually Damages paid fund sewer awarded to parties shall be paid out of the sewer fund, and all assess- ments for benefits when collected shall be paid into the credit of said fund: Provided further, That when a public or lateral sewer is laid Proviso. through private property, the same shall be done with the least prac tical injury or inconvenience to owners or occupants, and using like care, the board of public works, their agents and employes, shall at all times have free access to the premises, for the purpose of making necessary repairs to and connections with such public or lateral sewers or drains. „ , . (S 151.) Sec. 63. The said common council shall also have Refunding VEI ' fuTfy collected power, when it shall appear that any tax or assessment is unjust, or out of contin- gent fund: is based upon any property not owned by the person to whom it is assessed, by a two-thirds vote of all the members elect, to repay the same out of the contingent fund, if collected, or if not collected, to- vacate the assessment in whole or in part, in tne manner and with like effect as is provided for incases of illegal taxes and assessments in this chapter. (§ 152.) Sec 64. The common council shall also have power to- Bndgeor unite with the Canadian authorities, or any Canadian corporation, in tunnel across ' J r building and maintaining a public bridge or tunnel across the Detroit river : Provided, That the city shall have an ownership in said bridge CHARTER OF THE CITY OF DETROIT. common council: how constituted, powers and duties. Chapter 7 or tunnel in proportion to the amount of money it may invest therein, or shall build or own that portion of said bridge or tunnel situated within the boundaries of this state, and shall have an equal voice with said Canadian authorities or corporation in the control and manage- ment of such bridge or tunnel, and in fixing the tolls to be charged and collected for the use of said bridge or tunnel by the public. The Lse thereof - said bridge or tunnel shall be a common and public highway, but street car and railroad companies may be allowed to run their cars over said bridge or through said tunnel, upon such terms and condi- tions as the common council and said Canadian authorities or corpora- tion may from time to time prescribe. (§ 153.) Sec. 65. Immediately after the organization of the . Joint convention board of aldermen shall have been completed, at its session on the f Common Council. second Tuesday in January in each year, and before it shall proceed to any other business, it shall receive the annual message of the Mayor - s annua i nitssticc mayor. (As amended by Act approved June 2, 1887.) (§ 154.) Sec. 66. Repealed by Act approved June 2, 1887. CHAPTER VIII. ESTIMATES — DUTIES OF CONTROLLER AND POWERS OF COMMON COUN- CIL AND BOARD OF ESTIMATES RELATIVE THERETO. (§ 155.) Section 1. Before any taxes shall be levied for the Estimates of „ , ,, . . . . , . , ., -j ,. Controller to be purposes of any of the funds into which the revenues and moneys of rep0 rted to common council the city may be divided, the controller shall present to the common council in writing his estimates of the amount of taxes which, in his opinion, it may be necessary to raise for the ensuing year for the purpose [purposes] of each of said funds, and also an estimate of the entire proposed expenditures for said year; whether the same is to be raised by tax, by loan, or by special assessment, which estimates shall be published in the official paper of the city. The controller shall at information to be furnished by the same time give to the common council any information in his Controller - power or which they may request concerning the finances of said city. The common council may revise or alter said estimates, but Council may revise, etc., not so as to exceed the aggregate taxes authorized by law to be levied, estimates. and when such estimates shall be finally adopted b) r them the same shall be transmitted by the clerk of said board to the board of esti- mates. The common council shall so alter, revise and adopt said esti- mates on or before the fifth day of April in each year. (As amended by Act approved June 2, 1887.) (§156.) Sec. 2. Repealed by Act approved June 2, 1887, and new section substituted as follows : 86 CHARTER OF THE CITY Off DETROIT. Chapter 8. dutij - oi controller, powers oj common council, etc. Board oi Esti- mates created Si:< . 2. A board of estimates in and for the city of Detroit is here- and 1h»« cor by created, which shall be constituted as follows : Two members from each ward, who shall be elected at the same time and for the same term as aldermen, and five members who shall be elected upon a gen- eral ticket at the same time as the mayor, and who shall hold their office for a term of two years. The several provisions of law relating to elections in said city as to election of city officers and aldermen, can- vassing the votes and making returns thereof shall, as far as applicable, apply to and regulate the holding of elections of members of said first'electfoa boartl : Provided, That the first election of members of said board shall be held on the first Tuesday after the first Monday in November, in the year eighteen hundred and eighty-seven, and two members from each ward shall be then elected, one of whom shall hold his office until the next general election in said city, in the year eighteen hundred and eighty-eight, and the other member so elected shall hold his office for two years from the second Tuesday of Januarj^, A. D. eighteen hundred and eighty-eight, and the ballots cast shall designate the respective terms of office of the persons then voted for ; and there shall also be elected on said first Tuesday after the first Monday in November, eighteen hundred and eighty-seven, five members of said board upon a general ticket, who shall hold their office until the next Further proviso ...... r,, as to subsequent general charter election in said city : And provided fur/her, That five elections. days' notice of such first election, to be given by the city clerk in two or more newspapers published in said city, shall be deemed sufficient. At the next general charter election to be held in the same city in the several wards, and annually thereafter, a member of the board shall be elected from each ward who shall hold his office for two years ; and at such next charter election, and each alternate year thereafter, five members of said board shall be elected upon a general ticket who shall hold their office for two years. CHARTER OF THE CITY OF DETROIT. 87 DUTIES OF CONTROLLER, POWERS OF COMMON COUNCIL, ETC. CHAPTER 8 (§ 157.) Sec. 3. Repealed by Act approved June 2, 1887, and new section substituted as follows : Sec. 3. All members of said board shall be resident electors of ««™ ° f said city and hold their office until their successors shall be elected members. and qualified. The following officers of said city shall be ex-officio members of said board and shall have the right to participate in its deliberations, but shall not have the right to vote, to wit : The president and chairman of the committee on ways and means -of the common council, the city controller, city counselor, the president of the board of education, board of water commis- sioners, board of police commissioners, board of poor commis- sioners, president of the fire commission, the senior members, be- ing those whose terms will soonest expire, of the board of inspectors of the house of correction and of the board of public works. All members of said board shall, before entering upon the discharge of ° ath - their duties, take and subscribe and file in the office of the city clerk, the same oath of office as is prescribed in the charter of said city to be taken by city officers. The members of said board shall receive compensation and officers of as compensation three dollars for each daily sesdon of the board, board. Said board shall elect one of their number president of said board, who shall preside at its meetings and who shall h-dd his office until the next election of members: Provided, That if he be absent, or Proviso. incapacitated from performing his duties, the board may appoint a president /rtf tempore The city clerk shall he ex-officio secretary of Meetings of board. said board, and shall keep a record of its proceedings. The first meeting of said board shall be held annually on the first Monday in March, at ten o'clock in the forenoon, and at such other times as the common council may by resolution or ordinance provide. The meet- ings of said board shall be held in a suitable room to be provided by the common council, and if no provision be made, then the same .-hail beheld in the common council chamber. The board may ad- 88 CHARTER Of THE CIXV Of DETROIT. Chapter 8 di riES oi controller, powers of common council, etc. Provisoasto journ from time to time: Provided, That the meeting which shal' meeting to con- ° mates - be held annually to consider the estimates for the annual general taxes for city purposes shall not lie adjourned to a time subsequent to the fifteenth day of April. The board shall have the right to call upon the common council or upon any oilicers or boards of the cor- poration for further reports, or for any information which it may re- quire for the purpose of estimating any amount to be raised, or in reference to any other matter pending before such board. It shall also have the right to inspect the official books and papers of said offi- cers or boards. Before certain (§ 158.) Sec. 4. Before any moneys shall be raised or taxes moneys raised, etc., estimates levied and collected for the purposes of the several funds mentioned of amounts to to board tted m tne cnarter °f ^ e C ^Y °^ Detroit and acts amendatory thereof, ex cepting interest and sinking funds, for the purpose for which moneys are required to be raised by other acts relating to said city, which re- quire estimates for taxes to be submitted by the city controller, or other officers and boards, the estimates of the amount of moneys re- quired for such funds or purposes by tax shall be submitted to said ' board of estimates; and before any bonds shall be issued said issue shall be authorized by said board of estimates. The estimates for the general city taxes shall be acted upon by the common council, submitting ag p^^ded by law, and shall be submitted to said board of estimates in time to be considered by the board on or prior to said fifteenth day . of April. Said board shall carefully consider all estimates hereby . required by this act to be submitted to it of moneys to be raised as aforesaid, and shall approve or disapprove of the same. It may de- Power of board crease the amount to be raised, but shall not increase the same.. Lt . may authorize the issuing of bonds in the same manner and in trlie-r same cases as such citizens' meeting might authorize the same, A majority of all the members elect of said board shall be required to approve of any such estimates for the raisins: of taxes, or any part CHARTER OK THE CITY OF DETROIT. 89 DUTIES OF CONTROLLER, POWERS OF COMMON COUNCIL, ETC. thereof, or to authorize the issue of any bonds. (As amended by Act approved June 2, 1887.) (S 159.) Sec. 5. All votes in said board approving or disapprov- Vote of board ° by yeas and ing of any estimate or decreasing the amount thereof, or authorizing ^rdingoP or disapproving of the issue of bonds, shall be taken by yeas and nays, and entered upon the record of its proceedings. After said board Statement of shall have considered the said matters required to be submitted to it, it shall cause a statement of the amounts so approved by it to be raised by taxation or issue of bonds, and the fund or purpose for which raised to be made, which statement, being adopted by a majority of all the members elect of the board, shall be then certified by the president and secretary of the board, and shall be transmitted to the common Effect of statement. council, and only so much of such estimates or amount to be raised by taxation as shall have been approved by said board shall be raised and collected in said city, and only such bonds shall be issued as shall be authorized by said board, as herein provided. The common council Dutv of council ... c x. ln relation of said city, upon approval of said estimates, or any part thereof, by thereto, said board, shall caused to be levied and collected by general tax the amount thereof so approved, and shall issue any bonds so authorized to be issued by said board as aforesaid. (As amended by Act ap- proved June 2, 1887.) CHAPTER I^C. ISSUE OF BONDS FOR PUBLIC SEWERS. (§160.) Section 1. The common council of the city of Detroit av enu™and other sewers, shall have power to provide money for the purpose of constructing a money for. suitable sewer through Woodward avenue, from the present city limits on the north to the Detroit river, with a proper outlet, and such other sewers at such localities as the board of public works may deem proper and recommend. Such money may be provided upon the faith and credit of said city, and upon the best terms that can be made, in amount not exceeding Ave hundred thousand dollars, in ad . Amount dition to the amount heretofore raised under the authority conferred authorized. by the section of the act to which this act is amendatory ; Provided, p rov ; so . That an amount not less than two hundred thousand dollars of the Public sewer moneys thus to be provided is hereby set apart for the special pur- bonds^ amount pose of constructing and completing the said sewer through Wood- ward avenue. The said common council are hereby authorized to issue the bonds of said city to an amount not exceeding the saidj3um of live hundred thousand dollars, pledging its faith and credit for the payment of the principal and interest; but said bonds 'shall not be negotiated at less than their par value. Said bonds shall be denomi- nated " Public sewer bonds of the city of Detroit," and shall be regu- larly dated and numbered in the order of their issue; one-fourth of the amount of such bonds as shall be issued may be of the sum of one hundred dollars each, and the remainder shall be for sums of not less than Ave hundred dollars each. They shall bear interest not exceed- D2 CHARTER OX THE CITY OV DETROIT. Chapters*. issui "i bows fob public sewers. interest on. ing five pel cent, per annum, and shall be payablein not less than five nor exceeding fifty years from date ; they shall be issued under the seal of the city, signed by the mayor and countersigned by the con- Record to be troller. The controller shall keep an accurate record of said bonds, kept, etc. showing the class of indebtedness to which they belong, the number, date, and amount of each bond, its rate of interest, when and where payable, and the person to whom it was issued. The proceeds of said bonds shall be paid to the city treasurer and be credited to the public sewer fund, and be applied exclusively to the purposes for which said fund is constituted as above. (As amended by Act approved June 8, 1889)* Tobe submitted (§ 161.) Sec. 2. No bonds shall be issued as aforesaid for the to common council. purpose of constructing said sewers unless approved by a majority of the common council at a regular meeting held for the purpose of con- sidering the estimates for general city taxes. | There shall be present- ed to said meeting an estimate of the board of public works of the necessary cost of constructing said sewers recommended to be con- structed as aforesaid. If a majority of the common council consent to the estimate presented, or any part thereof, the board of public works shall then be authorized to contract for the construction of said sewers, at a cost and expense not exceeding in amount the estimate or part thereof thus consented to ; and the common council shall have power to borrow money therefor and issue bonds as above provided. *Not^ No. 7, \ppendix. i-5ee Note 8 Appendix. CHAPTER X. ASSESSMENT OF TAXES AND THEIR COLLECTION. (§ 162.) Section 1. There shall be three assessors appointed Board of by the board of councilmen, upon the recommendation of the major' Assessors, term of office. who shall be known as the board of assessors, and who shall hold their office for the term of three years, as provided in chapter four, and shall devote their whole time to the service of the city, in connec- tion with the duties of their office, and shall receive such compensa- compensation tion as the common council may determine ; Provided, That the mem- ber of the Board whose term of office shall soonest expire shall be its President. president for the last fiscal year of his term of office. (§ 163.) Sec. 2. The board of assessors shall, before the firsts , , Dutv of day of April in each fiscal year, assess at its true cash value all the Asse3Sors - real and personal property subject to taxation by the laws of this State, within the limits of each ward respectively of said city, and said board shall, within the same period, make out and complete the assessment rolls, one for each ward, in books to be provided for that purpose by the common council, and to be delivered to said board on or before the first day of September in each year. The action of said Action of Assessors re- board shall, at all times be subject to the correction and revision of viewed by com- mon council. the common council of the city of Detroit, as provided for in the char- ter of the city. ,,| CHARTER OF THE CITV OE DETROIT. Chapter 10. assessment of taxes and their < ction. (§ 164.) Sec. 3. The president of the board of assessors, togeth- Aldermen to be er with the two aldermen of each ward of the city of Detroit, shall Supervisors. be and are hereby vested with the powers and duties of supervisors, as provided by the laws of this State, nol inconsistent with the provi- sions of this chapter, and said president and alderman shall attend the annual session of the hoard of supervisors of the county of Wayne, in October, and all other sessions thereof, and shall represent the in- terests of this corporation in said board. Proceedings (§ 165.) Sec. 4. If any lot or lots shall lie partly in two or more when lots lie in different winds, wards, the same shall be assessed in the ward where the greater por- tion of said lot or lots is situated, and the said board shall describe all lands, tenements, and subdivisions thereof, subject to assessment or tax in said city, by referring to the number and section of the lot, and the owner or occupant thereof, and if the number and section of any lot, or the owner thereof can not be ascertained, then by such other sufficient description as such board may deem proper ; and if, by mis- take or otherwise, any person may be improperly designated as the owner of any lot, tenement, or premises, such assessment or tax shall not, for that cause be vitiated, but the same shall be a lien on such lot, tenement or premises, and collected as in other cases. Board of /c jgg \ g EC 5 The sa j(j board shall have power and authority Assessors may x ° ' property of ° to demand of every person owning or having charge, as agent or owner, etc. otherwise, of any property taxable in any ward, a list ot such proper- ty, with such description as will enable them to assess the same, which demand may be made in writing, and by delivering the same to such person, or by leaving the same at his olace of residence, with some person of proper years and discretion, and if the person of whom such demand may be made, shall not, within ten days thereafter, deliver to such board a list of the property in said ward belonging to him oi- lier, or under his or her charge, with a correct description of the same, CHARTER OF THE CITY OF DETROIT. 95 ASSESSMENT OF TAXES AND THEIR COLLECTION. CHATTER 10 or if he shall omit any such property in the list delivered, said board shall have power, and it shall be their duty, to assess such property, upon such knowledge or information, as may be satisfactory to them, at its cash value, and according to their best judgment and discretion. (§ 167.) Sec. 6. It shall be the duty of the board of assessors Boaad of Assessors to to cause notice to tax payers of said city to be published in the daily meet April 1st 1 J J to review newspapers, published by the printer for the city, and in one other daily their work - newspaper published in said city, for two weeks prior to the first day Notice, etc. of April in each year, that the assessment rolls have been completed. Any person considering himself aggrieved by reason of any assess- ment, may complain thereof, either verbally or in writing, before said board of assessors, and on sufficient cause being shown by the affidavit of such person, by oral proof, or by other evidence to the satisfaction of such board, it shall review the assessment complained of, and may alter or correct the same as to the person charged thereby, the prop- erty described therein, and the estimated value thereof. The concur- rence of a majority of the board shall be sufficient to decide any ques- tion of altering or correcting any assessment complained of. The board of assessors, or a majority of them, having completed the re- view and correction of said assessment rolls, shall sign, and, on or be- fore the third Tuesday of April in each year, return the same to the board of aldermen of the city. (§ 166.) Sec. 7. The board of aldermen after receiving said joint session of common council assessment rolls shall, at its next regular session, in joint session with to consider assessment the board of councilmen, to be called together by the city clerk by a rolls - written notice to each member, proceed to consider the same, and any person considering himself aggrieved by the assessment of his prop- erty and the decision of such board of assessors thereon, may appeal to the board of aldermen and board of councilmen at the said joint sessiou. Every appeal shall be in writing and shall state specially the 9 6 CHARTKR "i THK CITY OF DETROIT. Ol VPTl R 10. \-.s|.*SMK\T <>!• IMMa Wl'THUlMDILHTION. grounds of the appea] and the matter complained of, and no other matter shall he considered by the said boards. While acting upon said assessment rolls or appeals any member of said board of assessors may. and, on request of said board by resolution, shall meet with the said board and make such explanations as he may deem requisite in any case. Joint session to have power to alter, revise, etc., assess- ment rolls. To be finally approved in sixteen days. (§ 169. Sec. 8. The said boards, in joint session, shall hear and determine all appeals in a summary manner and correct any errors which they may discover in the assessment rolls, and place thereon the names of any persons and the description of any property not al- ready assessed, and assess the same, and may increase or diminish any assessment as they see fit : Provided, That they shall not increase any assessment of property without giving a reasonable opportunity to the persons owning or having charge of the same, if known, to ap- pear and object thereto. And may continue the consideration of said assessment rolls and the hearing of said appeals from session to ses- sion for a period not exceeding sixteen days after the time when they are to be first considered as above provided ; and on or before the ex- piration of said period of sixteen days, they shall be fully and finally confirmed by the said boards, and shall remain as the basis of all taxes to be levied and collected in the city of Detroit, according to prop- erty valuation, until another assessment shall have been made and confirmed as above provided for. Assessment of taxes. (§ 170.) Sec. 9. After the assessment rolls shall have been fully and finally confirmed, as provided in the preceding section, it shall be the duty of the board of assessors to cause the amount of all taxes, in dollars and cents, authorized to be assessed and collected in each year, to be ratably' assessed to each person named or lots described, upon and according to the aggregate valuation such person or lots shall have been assessed in said assessment rolls, or books prepared for that CHARTER OK THE CITY OF DETROIT. 97 ASSESSMENT OF TAXES AND THEIR COLLECTION. CHAPTER 10 purpose, to be known as the tax rolls for each ward, in separate col- umns, showing the amount of highway, police, school and city taxes assessed to each person or lots in each year ; and when said tax rolls shall have been completed, the board shall deliver the same to the R°! ls tobe delivered to controller, who shall cause the same to be delivered to the receiver of ontro er - taxes, and take his receipt therefor and charge him therewith. Upon When taxes the receipt of the tax rolls by the receiver of taxes, as hereinbefore due ; ; nd payable. provided, the taxes therein stated shall become a debt due and pay- able to the city, and the receiver of taxes shall forthwith, upon the Notice to be reception of said tax rolls, give six days' notice by publication in the £ iven b y official daily paper published in said city, and by posting the same in at least six public places in each ward, which notice shall be a suf- ficient demand for the payment of all taxes on said rolls, that the gen- eral tax rolls have been deposited with him and that payment of the taxes therein specified made to him at any time before the thirtieth day of December thereafter ; that no addition will be made to taxes ^ vh en no addi- tion to be made paid before the first day of August, but that an addition of one per to es ' When addition ■cent of every unpaid tax will be made thereto on that day, and a like to be made. addition of one per cent on every thirtieth day thereafter until such addition shad amount to six per cent of such tax : Provided, kowever, p rov i so . That when a person shall, on or about the twenty-fifth day of July hand to the receiver of taxes a list of the property on which he wishes to pay the taxes, and shall be unable to pay said taxes before the first day of August on account of a pressure of business in the receiver's office, then he shall not be charged any percentage if he pay said taxes by the tenth day of August. Upon the receipt of any tax the Receipt for taxes paid. receiver shall mark the same paid upon the proper roll and give a re- ceipt therefor. Any person owning an undivided share, or other part' or parcel of real property assessed in one descriptien, may pay on the part thus owned by paying an amount having the same relation to the Whole tax as the part on which payment is made has to the whole par- 98 CHARTER OF THE CITY OF DETROIT. Chapter 10. ' assessment 01 rAXES and their collection. eel. The person making such payment shall accurately describe the part on which lie makes payment, and the receipt given and the record of the receiving officer shall show such description and by whom paid. Any person having a lien on property may pa}- the taxes . . thereon, and the same may be added to his lien and recovered with 1 axes p;iui may " " l the rate of interest borne by the lien. On the first day of January fol- lowing the time when any tax shall become due and payable, the re- When Receiver ce i ver 8 h a l] U ild to every such tax six per cent of the amount thereof to add six per J L c ' as stated in the roll, and the amount of the tax and of such addition, as are hereinbefore specified, shall thenceforth be the unpaid tax, and Interest on shall bear interest from that day at the rate of ten per cent per annum unpaid taxes. J c l till paid, except as is herein otherwise provided. On or before the fifteenth day of January the receiver shall add to the tax rolls of the unpaid taxes of each w r ard an additional column, which shall show the augmented amount of every such tax. Immediately after corn- Notice of mak- pleting such roll he shall cause a notice to be published in five suc- ing out roll of unpaid taxes,etc cess j ve num bers of at least two daily newspapers published in said city, stating that said roll of unpaid taxes has been made and that it will remain in his office, where such taxes may be paid until the first day of February following, after which the property against which may e "e'soid e for such taxes are assessed shall be advertised and sold as herein- after provided, It shall be the dut} r of the board of assessors to make copies of said rolls as finall) confirmed by the common council, upon which they shall ratably assess the county and state taxes, as provided by the general laws of the state. (As amended by Act approved May 24, 1889.) (S 171.) Sec 10. On and after the first day of August in each Receiver to vo ' taxesf personal year, and at any time until the taxes mentioned in this section are paid, it shall be the duty of the receiver of taxes, and the clerks or subordinates in his office designated by him for that purpose, to col- lect all unpaid taxes which are assessed against any property or value CHARTER OF THE CITY OF DETROIT. 99 ASS] SSMENT OF TAXES AND THEIR COLLECTION. CHAPTER 1 other than real estate, and if necessary the said receiver and said clerks and subordinates, under the direction and iii the name of the receiver, shall have power to levy upon and sell at public auction the Levy and sale. personal property of any person refusing or neglecting to pay such tax. Three days' notice of any such sale shall be given by the re- ceiver, by publication in the official and one other daily newspaper of said city, and any surplus remaining after the payment of the tax and percentage, and the expense of drayage and storage, shall be paid over to the owner of such property or other person entitled to receive- the same ; and the said receiver shall have power, in the name of the city of Detroit, to prosecute any person refusiug or neglecting to pay Power to sue - such taxes by a suit in the circuit court for the county of Wayne, and he shall have, use, and take all lawful ways and means provided bv law for the collection of debts, to enforce the payment of any such tax ; and the said tax roll shall be prima facie evidence of the indebt- edness by such person and the regularity of the proceedings by which the tax was assessed or levied. (§ 172.) Sec. 11. The owners or occupants, or parties in inter- owners liable- est to any real estate assessed under this chapter, shall be liable to l ° pay taxeS ' pay every such tax or assessment, and if the same shall not be paid by the first day of February following, or any part thereof, it shall be lawful for the receiver of taxes to cause a notice to be published in the official daily newspaper for the city, once a week for four succes- sive weeks, and posted in three or more public places in each ward, requiring the owners or occupants of, or parties interested in such Sale oi property for non-pay- lands, tenements, herditaments or premises, to pay such assessment ment - or tax, and that if default be made in making such payment, such real estate will be sold at public auction, at a day and place to be specified in said notice, for the lowest term of years at which any per- son shall offer to take the same, in consideration of advancing and paying such assessment or tax, with the additions provided in this CHAKTKR ()!•' Till. CITY OK OK.TROIT. Chapter 10. assessment of taxes and their collection. art, and the rest and expense el' advertising. The commou council' in its discretion, may cause said notice, Or any part thereof, to be pub- Publication of .... . _ . ... „ . , - _ notice in (5er- lisned in a German newspaper ID said city ; Provided, That all publi- man langai cations in languages ether than English shall not exceed the sum oi' twenty-live hundred dollars per annum, now authorized by the charter of the city of Detroit. el' to make ( ^ ^-) ^ KC - ^- If the owner or occupant of, or parties in in- sale for delin- quent taxes. terest m such real estate, do not pay such assessment or tax, with costs, additions and charges, within the period above prescribed for the publication of said notice, then the said receiver shall have the power, without any further notice, to cause such real estate to be sold at public auction, for the lowest term of years at which any person shall offer to take the same, in consideration of advancing such as- sessment or tax, with the costs, additions and charges, and to direct the execution of a proper certificate of such sale to the purchaser thereof ; aud if such real estate shall not be redeemed within one Redemption year after such sale thereof, as hereinafter provided, the controller from sale. shall, in the name of the city of Detroit, execute and deliver to such purchaser, or his assignee, a prOper deed for the conveyance of such real estate for the term for which the same was sold ; which deed „ , shall be prima facie evidence of the regularity of all the proceedings Deed prima * ° J ° oftuieT 1 en ° e under which the sale was made and said deed was executed, up to the date of such deed. Any person who, under such deed, may enter into such real estate, and erect or place any building or other property thereon, shall have the right at the expiration of said term, or in case he shall be ousted before the expiration of such term by any person claiming adversely to said deed, then, within three months after trial, judgment or ouster or ejectment, to remove said buildings or proper- ty from said real estate. And in all sales of lands for taxes aforesaid, if the purchaser, or his assigns, shall die before a deed or other con- veyance shall be executed on such sale, the deed may be executed by CHARTER OF THE CITY OF DETROIT. ASSESSMENT OF TAXES AMD THEIR COLLECTION. CHAPTER 10 the controller to and in the mime of the purchaser or assigns, who, if living, would be entitled to a deed or conveyance, which deed or conveyance shall vest the title in the heirs or devisees of such de- ceased person, in the same maimer, and liable to like claims of credi- tors and other persons as if the same had been executed to such de- ceased person immediately previous to his death , or the executor or administrator may assign the certificate of purchase, and the deed of conveyance may issue to the assignee thereof ; and in like cases, which have heretofore occurred, the same rule shall apply, and all deeds and conveyances heretofore issued in the name of any deceased person, who, if living at the time of the execution thereof, would have been entitled thereto, shall have like effect as above provided. (§ 174.) Sec. 13. When any lands, tenements, and heredita- ments shall be sold according to the foregoing provision for the pay- ( emfn ment of any assessment or tax. as aforesaid, if the owners or occu- pants of or parties in interest in the same shall, within one year after such sa'e, deposit with the treasurer of said city, for the use of the purchaser, the full amount of the assessment or tax for which such real estate was sold, and such interest as the common council shall prescribe, as hereinafter authorized, together with the amount of the costs and charges, then the term for which such real estate was sold shall cease and be determined at the time of making such deposit, subject, however, to the right of the purchaser, his heirs, executors, administrators, or assigns, to remove any building or building ma- terials as hereinbefore provided. (§ 175.J Sec. 14. Any person in the possession of any real estate, Person in possession at the time any tax is to be collected, shall be liable to pay the tax im- liable for tax - posed thereon, and in case any other person, by agreement or other- wise, ought to pay such tax, or any part thereof, the person in posses- sion, who shall pay the same, may recover the amount from the per- CHARTER OF TllK CITY OF i>KTROIT. C'll M'l 1 K 10, Interest i n unpaid taxes. ASSESSMENT Ol [\AXES AND THEIR COLLEI rlON. son who ought to have paid the same, in an action of assumpsit, as for moneys paid out and expended for his benefit, or may deduct the amount from any rent due or to become due to the person who should have paid such tax. (§ 176.) Sec. 15. The common council shall have power to charge interest, at a rate not exceeding ten rer cent per annum, from the time of sale upon the amount to be paid upon the redemption of any such real t state and premises to sold. „. , fS 177.) Sec. 1(5. Any person who shall at such sale purchase liiirht to re- \s / j 1 1 ™°* e ' for a term of years, any lots, grounds or wharves, shall have the right to remove any building or building materials erected or deposited by or belonging to him, and situated on said lots, grounds or wharves, at any time within three months after the expiration of the teim or time for which the same were sold. Controller or Mayor to execute con- veyance. Controller to bid for city -where no one offers to bid. Certificates of sale. (§ 178.") Sec. 17. The controller, or in his absence the mayor may execute in the name of the corporation, and under its corporate seal, proper conveyances or certificates of sale of all lands, tenements or hereditaments sold for assessments or taxes, which, wdien duly acknowledged and attested by the city clerk, maybe recorded as other conveyances of land under the laws of this state. (§ 179.) Sec. 18. It shall be the duty of the controller to bid in for the corporation, at any sale of real estate for assessments or taxes, every lot of land or premises for which no person shall offer to bid ; and if any purchaser shall refuse or neglect to pay the sum or sums bid by him, within the time and under the regulations prescribed by the common council, such bids shall enure to the use and benefit of the corporation, if the common council so elect. Upon all such bids by the controller, and all bids as aforesaid, to the use and benefit of the corporation, conveyance and certificates of sale may be executed CHARTER OF THE CITY OF DETROIT. IO3 ASSESSMENT OF TAXES AND THEIR COLLECTION. CHATTER 10 by the controller to the corporation, acknowledged and attested by the city clerk, and recorded in the same manner as provided in other cases of sale for assessment or taxes. But in all cases of sales for Special special assessments, the property so bid in for the corporation may; assessment. at the option of the common council be held in trust for the person or contractor in whcse behalf such assessment shall have been made, o his assignee, or upon payment to such person or contractor of tt e amount for which such property shall have been bid in, the city may,. as in case of the general tax, become the owner of the tax title or lease thus obtained, and may dispose of the same as if obtained under a like sale for any general tax. (S 180.) Sec. 19. All assessment rolls and proceedings under v " 3 > Allconvey- this chapter, and all conveyances, certificates of sale, and leases of taken ^prima ... ,. facie evidence any lands, tenements or hereditaments, executed by the corporation, of regularity of all proceedings. or any of its officers, by virtue of this act, shall be taken and received in all courts as frima facie evidence of the regularity of the proceed- ings by which any tax heretofore mentioned was assessed or levied. (§ 181) Sec. 20. Assessment rolls to defray the expense of .. Assessments constructing lateral sewers, side and crosswalks, paving, grading, f or sewers, paving- and macadamizing, graveling or otherwise improving streets, lanes or sidewalks. alleys, or for defraying the expense of any local improvements pro- perly payable from the proceeds of special aesess nent, shall be placed in the hands of the receiver of taxes for payment, as may be provided by ordinance or resolution of the common council, for the space of thirty days, after which warrants for the collection of the same may J J ' Warrants. be issued, and such proceedings for the collection thereof be had as are or shall be prescribed by law, or by any ordinance or resolution of the common council, and sales of any real or personal estate for any unpaid assessment shall be made in like manner, and with like effect, as in case of sales for the non-payment of the general tax. !.•( CHARTER OF THE CITY OE DETROIT. Chapter 10. assessment of taxes and their collection, Personal (§ 182.) Sec. 21. All tuxes upon personal property may be as- liroptil- w n.r' ' '" ' " BeS8e d '" an . v w ^fvl of said city, whether the person assessed be a resi- Proviso. dent of such ward or not ; Provided only, The property bo assessed shall be in said ward, and the officer to whom any warrant for the collection of the same, or any tax or assessment on real estate is delivered, may execute the same by a levy and sale of any personal property, in any ward of said city, belonging to the person or persons chargeable with such tax or assessment. CHARTER XI. TAXATION AND FINANCE. » (§ 183.) Section 1. The revenues and moneys of the corpora- tions shall divided into the following funds, viz. : ,ision of revenues into funds. First, General fund, which shall he appropriated to defray the expenses of the city of Detroit, for the payment of which, out of some other fund, no provision is herein named ; Second, Contingent fund, to dt fray the contingent expenses of said city ; Third, Interest fund, to pay the interest on the funded debt of the city ; Fourth, Sinking fund, to pay the funded debt of said city ; Fifth, Detroit lire commission fund, to defray the expenses of purchasing lots, erecting engine houses thereon, purchasing engines and other fire apparatus and all other expenses necessary to main- tain the fire department of said city ; Sixth, Poor fund, to defray the expenses of providing for and taking care of the poor of said city ; Seventh, General road fund, to defray the expenses of repairing paved streets and alleys, and of grading, paving and improving the highways, Streets and alleys of said city, in front of or adjacent to the 106 CHARTER ok THE CITY OK DETROIT. Cm IPTEK 11. fAXATION AND FINANCE. property of the corporation, and to defray the expenses of construct- ing ami repairing cross walks in the several wards of the city ; /Cio-hth, District road fund for each ward of the city, to defray the expenses of working, repairing, cleaning and improving the high- ways streets and alleys in the ward for which such district road fund is constituted and raised; .Yin///, Sewer fund, to defray the expenses of constructing sew- ers in said city*; Tenth, Street opening fund, to defray the expenses of opening, widening, vacating, altering, straightening, extending or abolishing any highways, streets, alleys or avenues in said city ; Eleventh, Street paving fund, to defray the expenses of grading, paving and graveling, macadamizing or planking highways, streets, alleys, sidewalks and cross-walks in front of, or adjacent to private property, and of putting curb-stones and culverts therein ; Twelfth, Public building fund, for purchasing any real estate for the erection thereon of any public buildings, and to defray the ex- penses of erecting, repairing and preserving such public buildings as the common council is authorized to erect and maintain, and are not herein otherwise provided for, which fund shall from time to time be divided into special building funds, to defray the expense of erect- ing, repairing and preserving the particular building or buildings for which such special building fund may be constituted or raised ; Thirteenth, Recorder's court fund, to maintain the recorder's ■court ; Fourteenth, Public lighting fund, to defray the expense of light- ing the public streets, parks, alleys and public places, public markets and public buildings of said city ; CHARTER OF THE CITY OF DETROIT. I07 TAXATION - AM) FINANCE. C HAPTER 11 Fifteenth, Such other funds as the common council may consti- tute for special purposes, not inconsistent with, nor to be taken from, any of the funds above constituted or raised ; Sixteenth, Also a fund for defraying the expense of the removal and destruction of garbage and all vegetable and animal refuse from said city. (As amended by Act approved June 17, 1889.) (S 184.) Sec. 2. The common council shall have power annually vo Tax for gen - to lew, assess and collect taxes not exceeding one per cent on the as" era! etc., - ' funds. sessed value of all real and personal estate in said city, made taxable by the laws of this state, in order to defray the expenses, and for the purpose for which the general fund, contingent fund, Detroit fire commission fund, poor fund, general road fund and recorder's court fund are constituted as above. Said common council shall have power annually to levy assessments and collect taxes on the assessed value of all real and personal estate in said city, made taxable by the laws of this state, in order to defray the expenses and for the pur- pose for which the public lighting fund is constituted as above. Said common council shall have power to advertise for proposals and con- tract for such public lighting for the term of one, two or three years, as they shall deem advisable: Provided, That the amount to be Proviso, raised for said public lighting fund in any one year shall not exceed the estimated cost, or the actual cost, if already contracted for, of the public lighting of that year: Provided further, That the com- Further proviso mon council shall have the power to advertise for proposals, and con- tract for the removal, disposition or destruction of garbage and all animal and vegetable refuse for the term of one, two or three years, as they shall deem advisable; but the amount to be raised for any such purpose in any one year shall not exceed the estimated cost, or the actual cost, if annually contracted for, for that year. (As amended by Act approved June 17, 1889.) to 8 CHARTER O*' THE CITY OE DETROIT. Chapter 11 rAXATioN anp finance. erto (§ is;> Sec. 8. The common council shall also have power i for District Road annua lh to levy, assess and collect taxes on the assessed value of all Fund limited. • J real and personal estate in each ward of said city, made taxable by the laws of this state, in order to defray the expenses, and for the purposes for which the district road fund is constituted as above; Provided, That such taxes shall not exceed in amount the rates of township, road or highway taxes as are now or hereafter established by the laws of this state. (§ 186.) Sec. 4. The common council shall also have power hin X dfetc? Wer annually to levy, assess and collect taxes, not exceeding two hundred thousand dollars, on the assessed value of all the real and personal estate in said city, made taxable by the laws of this state, in order to defray the expenses of constructing sewers, and for the purpose for which the sewer fund is constituted as above. (As amended by Act approved July 1, 1889.) Interest fund. (§ 187.) Sec. 5. The common council may annually levy, as- sess and collect on the assessed value of all real and personal estate of said city, made taxable by the laws of this state, taxes for the pur- poses of the interest fund, not exceeding in amount a sufficient sum to pay the interest accrued, or to accrue, on the funded debt of said city for the year for which such taxes are levied: Provided, That the common council may further provide in such annual tax levy for a Deficiencies. gum su ffi c j en t to cover any deficiency which may have occurred, or likely to occur, to this fund by rea-on of the non-payment of taxes, or from any other causes wdiatevcr; and also taxes not exceeding ten Sinking fund. t i l0usan( i dollars in any year for the purposes of the sinking fund. (§ 188.) Sec. 6. The proceeds of each special assessment levied Special as.sess- for the grading or paving of any street or alley shall become part of p.irt of paving ° ° * ° J the street paving fund, and be credited therein to the account of the CHARTER OF THE CITY OK DETROIT. I09 TAXATION AND FINANCE. CHAPTEK 11 specific improvement for which the assessment was made ; Providi d, That the common council shall not, in any one year, enter into con- tracts for the grading and paving of streets, alleys and public places, the cost of which will exceed in the aggregate two hundred thousand dollars, except upon the petition of the holders of the larger portion of the real estate directly abutting upon the portions of the street or alley proposed to be improved. (As amended by Act No. 470. Ap- proved Suly 1, 1889.) (§ 189,) Sec. 7. The common couucil shall also have power to lundin^Fund ... n , ma y be bor- provide money for the sewer fund and the public building fund, by ,-owed; Bonds to be issued borrowing upon the faith and credit of said city, and upon the best therefor. terms that can be made, such sums of money as shall be deemed ne- cessary and expedient, and to issue the bonds of the city therefor ; but said bonds shall not be negotiated at less than their par value, or bear interest to exceed seven per centum. The common council shall also have power to borrow by issuing bonds to be known as " public improvement bonds of the city of Detroit," on the faith and credit of the city aforesaid, such sums of money as may be necessary for the purpose of constructing a highway by bridge or tunnel, with suitable draws, sites and approaches over or under the Detroit river, from any point within the city limits or within one mile thereof; Provided, p roviso . That all of said public improvement bouds be issued for the purpose above expressed, and bridging the American channel of the Detroit river to Belle Isle, if the same shall have been or may be authorized liy an act of the legislature of this State, shall not exceed the sum of five hundred thousand dollars : Provided, however, That the gross Provis0t debt of the city, not including the debt of the water board, and de- Gross debt of ducting the means in the sinking fund of the city, shall never exceed city. two per cent, of the assessed value of all the real and personal pro- perty in said city ; and all bonds and other indebtedness issued or CHARTER OV THE CITV OB DETROIT. Chapter ll. fAXATION IND FINANCE, Endorsement. Denomination created in excess thereof shall be void. Bonds issued under this sec- oi bonds : amount; by fj on ^ ia ]i | u . respectively denominated "sewer bonds of the city of De- whom signed ; r record thereof, troit) » .. pub ]i c building bonds of the city of Detroit," and "public improvement bonds of the city of Detroit," and shall be regularly dated and numbered in the order of their issue; shall be for sums not less than five hundred dollars each, and shall be payable in not less than rive years or more than thirty years from date ; shall be issued under the seal of the corporation, signed by the mayor, and countersigned by the controller. The controller shall keep an accur- ate record of said bonds and of the class of indebtedness to which they belong, the number, date and amount of each bond, its rate of interest, when and where the same is payable, and the person to whom it is issued. The proceeds of said bonds shall be paid into the city treasury, and be credited to the funds for which the bonds were issued, and be applied exclusively to the purpose for which said funds are constituted by this act. It shall be the duty of the city controller, in the preparation of all bonds, as required by this act, to cause to be written or printed upon the bond, on the outside fold of the same, so that the same may always be in plain sight, the following words, to be signed by the treasurer of the city, and the bonds not to be valid without his signature: Form of En- dorsement. " This bond has been made and issued in compliance with law ; has been duly registered in the books of this office, and the proceeds of the same, together with all the promiums on sale, and interest ac- cruing before delivery, have been paid into this office. "Detroit IS. City Treasurer.'''' CHARTER OF THE CITY OF DETROIT. TAXATION AND FINANCE. CHAPTER 11 When any issue of bonds is duly authorized by law, and the con- Bids for bonds to be reported troller shall have first advertised, in such manner as the common to council. council shall direct, for sealed proposals for the purchase of the bonds about to be issued, and shall have received proposals for the purchase of such bonds, he shall report the bids to the common coun- cil. The common council having authorized the sale of such bonds, according to the proposals for the same, the controller shall prepare such an amount of the issue only as may be ordered sold, and having caused the same to be duly executed and recorded in the books of his office, with all the particulars as required by the charter, he shall transmit the same, with the name of the purchaser, number, date, time and denomination of bonds, to the city treasurer, taking his dutielTreiative thereto. receipt for the same, and shall also report the eDtire transaction to the common council at its next succeeding session. It shall be the duty of the city treasurer, on receipt of said bonds, to immediately notify the parties to whom the bonds have been awarded, that the same are ready for delivery, and deliver to said parties the bonds ac- cording to their accepted bids for the same, cliargiug them with the premium, if any is included in the proposals, and the interest accrued on the bonds at the date of delivery, and further comply with this chapter by recording said bonds and signing the blank as aforesaid and report to the common council, at its next following session, the full particulars of the delivery of the bonds, which report, together with the report of the controller, heretofore mentioned, shall be re- ferred to the committee on ways and means, who shall compare the report of the treasurer with that of the controller, and report to the council upon the correctness of the same, when they shall have found them to be correct. It shall be the duty of the city treasurer, when- Coupons,. ever coupons are presented at his office for payment, to first examine how p:iid " his coupon book, to ascertain if the bond from which such coupon is cut has been regularly issued, and the proceeds thereof have been re- CHARTER OF THE CITY OF DETROIT. Chapter 11. rAXATiow and finance. gularly paid into the treasury, and if the payment of such interest is due. And if such be found to be the fact, he shall transmit said cou- pons, with the certificate of their correctness, to the city controller. [t shall be the duty of the controller, upon the receipt of said cou- pons and certificate of the treasurer, to examine the same, comparing them with the records of bonds in bis office, and previous payment of coupons, and, if found correct, issue his warrant on the treasurer in payment of the same, whereupon he shall cause the said coupons to be firmly pasted in a book prepared for such purpose, which book shall be so prepared and ruled, with spaces for each coupon, under a complete record of the bond from which said coupon is cut, together with the date or payment aud the name of the party to whom pay- ment is made, so that the said book will at all times properly and plainly display the complete record of the bond, aud all payments of interest by the original coupon, date of each payment, and name of the party to whom paid, and to which book or books the controller shall make reference before the payment of any such coupon. Contracts for public works, supplies, etc. (§ 190.) Sec. 8. No contract shall be let or entered into for the construction of any public work, or for any work to be done, or for the purchasing or furnishing of supplies for said city not herein pro- vided for, and no such public work, performance, purchasing or sup- plying shall be commenced until approved by the common council, and until the contract therefor has been duly approved and confirmed by the common council, and a tax or assessment levied to defray the cost and expense of the same, and no such work, supplies and mate- rials shall be paid for or contracted to be paid for, except out of the Proviso. proceeds of the tax or the assessment thus levied : Provided, however, That the public lighting maybe contracted for and paid for in ac- Further proviso cordance with section two of this act : And provided further, That the removal, disposition or destruction of garbage may be contracted and CHARTER OF THE CITY OE DETROIT. 1 13 TAXATION' AND FINANCE. CHAPTER 11 paid for in accordance with the provisions of section two of this act. (As amended by Act approved June IT, 1889.) (§ 191.) Sec. 9. No contract for the purchase of any real es- Contracts to be vo ' J let to lowest tate, or for the construction of any public building, sewer, paving, bldder ' etc - graveling, planking, macadamizing, or for the construction of any public work whatever, or for any work to be done, or for purchasing or furnishing any material, printing or supplies for said corporation, if the purchase of said real estate, or the expense of such construc- tion, repairs, work, printing materials or supplies shall exceed two hundred dollars, shall be let or entered into except to and with the lowest responsible bidder, with adequate security: Provided, That Proviso. in case of repairing paved streets, building and repairing crosswalks, culverts, intersections and sidewalks, the common council may cause the same to be done by the board of public works when so deemed advisable and ordered by a two-third vote of all the aldermen elect. And as to such work or material requiring mechanical skill, to and with practical mechanics, and as to such other work, supplies or ma- terials not requiring mechanical skill, to and with such persons as shall be deemed competent for the performance of any such contract, and not until a notice calling for bids shall have been duly published in at least one daily paper published in said city, and for such period as the common council shall prescribe; and no bids shall be accepted from or contract awarded to any person who is in arrears to the cor- poration upon debt or contract, or who is defaulter as security or Otherwise upon any obligation to the corporation, or who shall in other respects be disqualified according to the provisions of this Act. (As amended by Act approved June 2, 1889 ) (8 192.) SEC. 10. No loan, bond, or other evidence of debt, not ? v A de £ ce °£ t xo ' debt, for what expressly authorized by this act, or any act hereby continued in force, shall be made or issued hy the common council or any officer of the "I CHARTEH OF THE CITV OF DKTROIT. (.'ll VPTl R II. T \\ \ II. IN AMI 1 ■ 1 .. \ ri I corporation : Provided, however, That the common council may issue new bonds for the refunding of bonds and evidences of debt already issued ; and the proper officer of the corporation may draw and issue orders on the treasurer for the necessary and current expenses of the city. borrow money (§ 193 ) Sec. 11. The common council shall not have authority, unless expi i h authorized, except as herein specially provided, to borrow any sums of money whatsoever on the credit, of the corporation, but may authorize the controller to borrow, from time to time, on such credit, such sums as may be necessary to meet the expenditures under the appropriations for the current fiscal year. New bonds, what to thow and how issued. Controller to keep a record. (§ 194.) Sec. 12. All new bonds, issued for the refunding of bonds and evidences of debt before issued, shall show the class of in- debtedness to which they belong ; be issued on the best terms that can be made ; be regularly dated and numbered in the order of their issuance ; shall be for sums not less than five hundred dollars each ; shall be issued under the seal of the corporation, signed by the mayor, and countersigned by the controller. The controller shall keep an accurate record, showing the class of indebtedness to which they be- long, the number, date and amount of each bond, its rate of interest, when and where the same is payable, and the person to whom it is issued, and showing also what bonds or evidences of debt have there- by been refunded. Ronds refunded to be cancelled. (§ 195.) Sec. 13. All bonds and evidences of debt, when re- funded, shall be cancelled and destroyed by the treasurer, in the pres- ence of the controller and a special committee of the common coun- cil appointed for the purpose. He shall record and keep an accurate description of all bonds and evidences of debt thus cancelled and destroyed. CHARTER OF THE CITY OF DETROIT. 1 15 TAXATION AND FINANCE. CHAPTER 11 (6 196.") Sec. 14. All bonds and evidences of debt issued, and Bonds not issued accord- all contracts made or entered into contrary to or not authorized by the l °3}° this act provisions of this act, shall be absolutely void. The common council shall incur no expenses, and create or pay no debt or liability contrary to or not authorized by the provisions of this act, and shall not appro- priate or use the property or moneys of the corporation, except as authorized by and in pursuance of law. (§ 197.) Sec. 15. No claim or demand against the corporation Ille&al claimg not to be shall be allowed or paid, or warrant on the treasury issued therefor, if allowed. the same be contrary to, or is not authorized by law, and no additional allowance beyond the legal claim under any contract with the corpor- ation, or for any services on its account or in its employment, shall be allowed. No warrant on the treasury shall be drawn for any claim W: ""i'ant not J to be drawn or demand for the payment of which there is no money in the treas- m'cmey inttfe' 3 , i ., „ treasury. ury raised or received for such purpose, or after the fund constituted and raised therefor has been exhausted by warrants previously drawn thereon, or by appropriations, liabilities, debts and expenses actually made, incurred, or contracted for, and to be paid out of such fund. (§ 198.) Sec. 16. No moneys shall be paid out of the treasury, except upon a warrant signed by the controller, and approved and b^paWout* ,, . , , , . except upon authorized by the common council in pursuance of law. Such war- warrant duly signed, etc. rant shall specify the purpose for which the amount thereof is to be paid, with sutlicient clearness to indicate the particular fund consti- tuted or raised therefor, shall have endorsed thereon the name of the particular fund out of which it is payable, and shall be paid from the fund constituted for such purpose, and from no other. (§ 199.) Sec. 17. No claim against the corporation shall be claim to be audited or paid unless accompanied by the affidavit of the claimant by affidavit, (if such affidavit be required by the controller), that the service, labor or materials upon which such claim is based have been actually ren- Il6 CHART] K OV THE CITY OF DETROIT. I i; 1 1 [TAXATION ANP FINANCE. Drafts on funds Limited. dered, performed or furnished; that said claim is justly due, and that no part thereof has been paid, except as to the credits, if any, set forth in the account thereof. (£ 200.) Sec. 18. The common council shall not, by warrant, draft, or order on the treasury, or by any form of contract, create any liability or expense, for the payment of which any particular fund is constituted as above, to a greater amount in the aggregate, for one year, than the amount of moneys raised for and paid into such fund for the year. All warrants, drafts, orders and contracts payable under this act, out of any particular fund, and issued or made after the moneys raised for and paid into such fund shall have been exhausted by payments therefrom, or liabilities created and to be paid out of said fund, shall be absolutely void as against the corporation. be^terested" (§ 2 °1.) Sec - 19 - No contract or agreement, written or verbal in any contract ' with city. to which the corporation shall be a party, or to which any officer or board thereof shall officially be a party, for the construction of any pavement, building, sewer or performance of any public work what- soever, or contract or agreement, requiring the expenditure, receipt or disposition of mouey or property, by the corporation, or any officer or board thereof, or creating any debt or liability, shall be let, or en- tered into, either directly or indirectly, with any member of the com- mon council, or other officer of the corporation, either as principal or surety, and any such contract or agreement thus let or entered into shall be absolutely void. Passing oidin- (§ 202.) Sec 20. No ordinance, resolution or proceeding of the ances, etc., requiring common council imposing taxes or assessments, or requiring the pay- d x p t n tl 1 1 u re s . ment, expenditure or disposition of money or property, or creating any debt or liability therefor, and no other ordinance shall be passed at the same meeting at which it was introduced, unless by unanimous consent, or at a special meeting called therefor, and every such ordi- CHARTER OF THE CITY OF DETROIT. 1 17 TAXATION AXD FINANCE. CHAPTER 11 nance, resolution or proceeding shall be passed by yeas and nays, to be entered on the record. (As amended by Act approved June 2, 1887.) (§ 203.) Sec. 21. The fiscal year of the city of Detroit shall F 'scai year, commence on the first day of July, and expire on the thirtieth day of June, and shall not be subject to change by the common council of said city. During the month of July in each year, the controller shall submit to the board of aldermen a full, complete, and detailed state- r ej^rt°injuly full statement. ment, with tabular lists, of all moneys received and expended by the corporation for the preceding fiscal year, showing on what account they were received and expended, to what funds they were credited, and out of what funds they were paid, and classifying each receipt and expenditure under its appropriate head. In such statement he shall also give, by tabular lists and otherwise, such general informa- tion as may be necessary for an understanding of the pecuniary re- sources and liability of said city, and of the condition of each fund, and may make such recommendations concerning the same as the in- terests of said city may require. The board of aldermen may cause said statement to be published in the daily newspaper, published by the printer for said city, and in such other paper or papers as the board of aldermen may direct. (§ 204.) Sec. 22. The common council and the controller, or „ , ' Council or Con- either, may, at any time, require from the various officers and boards quirt* st-iu- ments and ac- of tbe corporation, and it shall be their duty to furnish, when re- counts from officers, etc. quired, and in such form as shall be required, full and particular esti- mates, in detail, of the expenses of their offices or departments for the current or next ensuing fiscal year, and also full and particular accounts, in detail, of their expenses for any past year, or lor any part thereof. i iS CH \K n R OV THE CITV OF DETROIT. CHAPTER II. TAXATION VND FINANCE. Poweri d (S 3050 Sec. 23. The common council shall have power to con- tract with bank MuVv ' """ tl;ut xv '"' an y sa,(1 bank or banks, lor the safekeeping of public moneys, ami for the receipt of interest, at a rate not exceeding that established by law, upon such moneys of the corporation deposited with such bank or banks, and to be drawn on account current from Interest thereon such bank or banks, by the corporation or proper officer thereof, and i.. goto Sinking Fund. such interest shall belong and be credited to the sinking fund. ,'•;,," I;; (§ 206.) Sec. 24. The mayor, controller and chairman of the committee on ways and means of the common council shall constitute a committee for the negotiation of all loans authorized by this act, except as to any loans to be made by the controller under the author- ity of the common council, as above provided; and a majority of said committee shall have power to make such negotiation, subject to the approval of the common council. (As amended by Act approved June 2, 1887.) Taxes, to what fund credited. (§ 207.) Sec. 25. All taxes and moneys raised, received or ap- propriated for the purpose of any particular fund, shall be paid in and credited to such particular fund; and all taxes and moneys not raised, received or appropriated for the purpose of any particular fund, shall be paid into and credited to the general fund, or such other fund as the common councii shall direct. applied.' (§ 208.) Sec. 26. The moneys belonging to the several funds of the corporation, and all taxes and moneys raised, received or appro- priated for the purposes thereof, shall be applied to the purposes for which said funds are respectively constituted as above, and for which said taxes and moneys are raised, received or appropriated: Provided, however, That if for any cause there shall be, at the end of any fiscal year, a surplus in any other than the public building fund, the dis- trict road fund for each ward, and the sinking fund, over and above the actual or estimated cost of any work for which the money of any Proviso. CHARTER OF THE CITY OF DETROIT. II9 TAXATION - AND FINANCE. CHAPTER 11 fund was specially raised, such surplus shall be transferred ;md f",^' 11 ^ be credited, by the treasurer, to said sinking fund, at the end of such sinking fund, when. fiscal year, whenever there shall not be sufficient moneys therein to pay the outstanding funded debt of said city. (§ 209.) Sec. 27. Moneys shall not be transferred from one fund Moneys not to be transferred to another, and the moneys received and properly belonging to one from one fund to another. fund shall not be credited to any other, or different fund, except to the sinking fund as above provided: Provided, That such moneys Monev from derived from liquor taxes as may be in the contingent fund at the end liquor taxes, how applied. of any fiscal year, after July 1, 1884, may be placed to the credit -of such fund as the common council may direct, but the controller shall have the power to divide the several funds above constituted into special funds, to defray special expenses, belonging to the same Funds tobe class of expenses, for the payment of which said several funds are above constituted. CS 210 1 Sec. 28 The mavor, controller, treasurer and commit- „ . , Vo ^ iv/ )/ ku«, j , Board of „ . , ■■ ., commissioners tee on ways and means of the common council and their successors of inking fund. in office, by virtue of their offices, shall be a board of commissioners of the Detroit city sinking fund. They shall from time to time, upon Powers and the best terms they can make, purchase or pay the outstanding debt of said city, or such part thereof as they may be able to purchase or pay, until the same be fully purchased or paid; and all bonds and evi- dences of debts thus purchased or paid shall be delivered to the treas- urer, and shall become and be the property of the commissioners of the sinking fund, and the interest thereon shall be credited and be- long to the sinking fund. The city treasurer shall endorse upon the Endorsement upon bonds back of all bonds so purchased by the commissioners of the Detroit purchased by board, etc. sinking fund, for the benefit of that fund, the following, viz.: " Reg- istered bonds, not transferable without the written consent of the mayor, controller and city treasurer endorsed thereon;" and when- ever thev cannot arrange for the purchasing or paying the said debt, CHARTEK OF THE CITY OF DETROIT. Chapter 11. i \\uin\ wd finance. Report of. Meetings of Board, etc. or any pari thereof, fchej shall temporarily and until they can so ar- range, invest the moneys belonging to said sinking fund in such se- curities, bearing interest, as they deem safe and advisable. Said commissioners shall, from time to time, and whenever requested by the common council, make report of their doings, which report shall be made to the common council, referred to and filed with the con- troller, and recorded by him in some proper book to be provided for that purpose. (As amended by Act approved June 2, 1887.) (§ 211.) Sec. 29, Said board of commissioners of the sinking fund shall be a board of the corporation, within the meaning of this act, and shall be subject to the provisions of any existing or future ordinances of said city, relative to the sinking fund. They shall meet, from time to time, for the transaction of business, and may adopt rules of proceeding at their meetings. A majority of the whole board shall be a quorum for the transaction of business, but they shall not purchase in, or pay the outstanding funded debt of said city, or invest any of the moneys belonging to the sinking fund, as above provided, except under a resolution for such purpose, passed and approved by a vote of a majority of the whole board, and by yeas and nays, to be entered of record. The mayor, or in case of his ab- Who to preside. sence, some member, to be appointed by those present, shall preside at their meetings. They shall appoint one of their members Secre- Secretary, his duty." tary of the board, whose duty it shall be to keep a true record of its doings. (§ 212.) Sec. 80. The treasurer shall have the custody of all Treasurer to istody moneys, securities and evidences of value belonging or pertaining to of all moneys, clc - the sinking fund, and shall pay out the moneys of said fund only by order of the commissioners, or a majority thereof, and upon the war- rant of the controller. CHARTER OK THE CITY OF DETROIT. TAXATION AND FINANCE. CHAPTER 11 (§ 213.) Sec. 31. The faith and property of the city of Detroit p ] e ^for shall remain pledged for the final payment of all bonds issued, and borrowed. of all moneys borrowed by authority of, and in accordance with this or any other act of the legislature of this State. (§214.) Sec 32. If any officer of the corporation shall, directly offi rers con- verting inonev, or indirectly, aopropriate or convert any of the moneys, securities, or etc., to be guilty of mal- evidences of value, or any property whatsoever, belonging to the cor- *^ance in poration, or any board thereof, to his own use, or shall directly or in- directly, and knowingly, appropriate or convert the same to any other purpose than that for which such moneys, securities, evidences of value, or property may have been appropriated, raised or received, or to any purpose not authorized by law, he shall be deemed guilty of willful and corrupt malfeasance in office, and may be prosecuted, . n , . , „ -, ... i_ • i_ i i Punishment. tried and convicted therefor, and on conviction, may be punished by a fine not exceeding one thousand dollars, and imprisonment in the State Prison, or Detroit House of Correction, not exceeding three years, or either, in the discretion of the court. (§ 215.) Sec 33. Whenever the common council shall order Duty of counci 1. any street, or any portion thereof, to be graded, or graded and paved, f^^vf^etc or repaved, it may enter into contract for the making of such im- provement according to the provisions of this charter, and after the cost and expense thereof has been ascertained, it shall cause the same, except the cost of repaying, the cost of crosswalks and of the work at the intersections of cross streets, to be assessed upon the lots and real estate herein made subject to such assessment as hereafter provid- . , . , Paving con- ed. In case of every contract for paving, the work to be performed tracts to be completed, thereunder shall be commenced and completed between the first day when. of May and the first day of November in each year ; Provided, That proviso when such paving shall not be completed at such time by reason of inclement weather, or other good cause, and from no fault of the con- tractor, the common council may extend the time for its completion. (As amended by Act approved June 24, 1887.) CHARTER OF THE CITY OF DETROIT. CHAP1 BR 11. L-AXATION AND FIN V.NCE. Assessment (§ 216.) Sec. 34. For the purpose of such assessment, the lots districts, and parcels of real estate situated on said street, and fronting the por- tion thereof ordered to be improved, shall constitute one local assess- ment district, unless the common council, with a view to make the assessment more equal and just, shall subdivide the same into two or more assessment districts. Such subdivision, if made, must be done before asking bids for the work ; and in no case shall a city block be divided in making such division. The work for such local assess- Jetting 8 ' ' mi ment district shall be bid for and let separately, and such bidding and contracts. Letting shall show : First, The cost of all paving and grading, except that of the in- tersection of the cross-streets and alleys, the cost of the cross-walks at such intersections, and the cost of repaving; Second, The cost of the grading and paving of each portion of the street included within the lines of intersection of any cross-street and alleys; Proviso Third, The'cost of the crosswalks at such intersections: Provided, That in case where a side street merely opens upon and does not ex- tend across the street to be paved, the space formed by extending the lines of the former street to the middle of the latter street shall, for the purposes of this act, be treated as the spaces formed by the inter- Platforms and section of cross streets. All necessary platforms and curbings shall, ' curbing to be, included. for the purpose of such assessment, be deemed to be included within the term paving. (As amended by Act approved June 24, 1887.) (§ 217.) Sec. 85. The cost and expense of such improvement) Assessments except so much thereof as shall be for the work within the lines of to be made ratably accord- intersection of cross streets and alleys, and for the crosswalks at such ing to frontage. intersections, and for repaving streets, avenues and highways, shall be assessed ratably, according to their extent of front on the lots, parts CHARTER OF THE CITY OF DETROIT. I23 TAXATION AND FINANCE. CHAPTER 11 of lots, or parcels of real estate directly fronting on and within the local assessment district; Provided, That if the assessment made on am- such lot, or other parcel of land shall, by reason of its triangular Lots irregular in form, how or other irregular shape, seem to the Common Council to be inequit- P aid - able, said council may direct a just portion of such assessment to be paid from the general road fund. The cost of the work within the Costs of intersections lines of the intersection of cross streets, and also the cost of the cross- E. aid out of oeneral walks, shall be paid out of the general road fund. The cost of all rapaving of streets, avenues and highways of the city shall be paid out of the repaving fund. The word "front," as used in this act, shall be construed to mean that part of the lot or other parcel of land which directly abuts on that part of the street to be improved. (As amended by Act approved June 24. 1887.) (§ 218.) Sec. 36. Whenever in the improvement of a street as Assessment of aforesaid, any land or real estate which has not been duly platted into land not platted city blocks, or lots, shall be required to be assessed to pay any part of the cost of such improvement, the council shall designate such part or parts thereof for such assessments as shall correspond as near as practicable to the portions of the block or blocks nearest adjacent thereto, subject to like assessment, and the part or parts so designat- ed shall be assessed as near as may be, in the manner herein provid- ed for the assessment of lots. (§ 219.) Sec. 37. The Board oi Assessors shall, when necessary, Assessors to proceed to make out a list of all the lots or parcels of real estate, con- make list of land to be Btituting a local assessment district as aforesaid, with the name of the assessed and name of owner. owner or occupant of each lot or parcel of real estate, so far as said board can ascertain the same, and also the length of front of each lot or parcel of real estate fronting directly on such improvement. Such board shall then assess the cost and expenses of the work, chargeable as aforesaid upon the property in said list, ratably upon the several Jots and parcels of real estate, according to the length of front there- 124 CHARTER OF THE CITY <>!•' DKTROIT. CH \r i i K 11. iwaii.'N VND FINANCE. Notice oi completion of rolls. of. When the assessment roll is thus completed, said board shall give notice, by at least rive publications in the city paper, that such roll is completed, and will remain in their office for twelve days from the first publication of said notice, lor the inspection of all concerned. At the expiration of said twelve days, said board shall, after anyneed- ful revision and correction of such roll, sign the same and report it to the common council. Said council may theu confirm the same, or ■ t of rolls to council. U1 . 1V< when it shall deem necessary, refer the same back to said board for further revision or corrections. And when the same shall be cor- rected to the satisfaction of said council, it shall, by resolution, con- firm the same. After such confirmation, such assessment shall con- stitute a lien, until paid, upon said lots or parcels of real estate, and shall be collected in such manner as may be authorized by law. Assessment a lien. Determining cost of paving intersections. To be paid out of Genera] Road Fund. Paving- alleys. (§ 220.) Sec. 38. When unperformed contracts for grading and paving, hitherto made, are still in force, it shall be lawful for the common council, with the consent of the contractors, to ascertain and apportion the proper cost under the contract of grading and paving the spaces at intersecting cross streets aud alleys, and also the cost of crosswalks, and to pay for the same out of the general road fund, and to cause the residue of the cost of the work to be assessed on the ad- jacent property, and collected in the manner heretofore provided in this act. (§ 221.) Sec. 39. The common council may make such ordi- nances for the paving of or otherwise improving alleys in said city, and assessing property adjoining the same for paving for such im- provement, as by said common council shall be deemed expedient, and the present ordinances on that subject are hereby validated and con- tinued in force, with the same effect as if passed under this section, till the same shall be repealed or altered by the said common council. CHARTER OF THE CITY OF DETROIT. I25 TAXATION AND FINANCE. CHAPTER 11 (§ 222.) Sec. 40. The common council shall have power to an- Entertainment nually levy, assess and collect on the assessed value of all the real and personal estate in said city, made taxable by the laws of this State, a sum not exceeding two thousand dollars, for the purpose of defraying the costs and expenses of receptions, entertainments and celebrations, to be expended from time to time therefor in such man- ner as the common council shall, by resolution, direct. (§ 223.) Sec 41. This act shall not invalidate any legal act done This act not to affect other by the common council, or any board or officer of said ciU , or change Boards, Com- missions, etc. or affect the present term of any officer or board or commission of said city, and all ordinances, resolutions and proceedings of the com" mon council or any board of said city now in force and not inconsist- ent with this act, shall remain in full force until altered, amended or repealed under this act, nor shall this act invalidate any act or law governing the several boards and commissions of said city or any law not in conflict herewith. (§ 224.) Sec 42. The common council in addition to the powers p av i ng bonds may be issued. hereinbefore granted, shall have power, and it shall be their duty, to issue bonds upon the faith and credit of the city for the entire cost of paving any street in said city, as estimated and assessed whenever the common council shall have ordered the paving of said street and tbe assessments for the cost thereof shall have been duly made ac- cording to law, and the faith and credit of the city shall be pledged for the payment of the principal and interest of said bonds. Said Bonds or pro- r J r x ceeds delivered bonds, or the proceeds thereof, should they be purchased by the sink- ^^p^tiln . . of pavement. ing fund commissioners, shall lie delivered to the contractor within tlii rt \ days after his completion of the pavement of said street accord- ing to specifications ami its acceptance by the board of public works and the common council. (As amended by Act approve;! May 4, 1893.) [2 6 CHARTER 01 THE CITY OF DETROIT. Chapter 11. rAXATiON and financj (§284.) Sec. 43. Said bonds shall be denominated "Street Paving Bonds," and shall bear the name of the street for paving which they are issued. One quarter thereof shall lie payable in one year, one quarter in two years, one quarter in three years, one quarter how payable. \ n r our y earSi f rom the date of their issue. They shall bear interest Interest, four at a rate not exceeding four per cent per annum, payable annually, per cent. and shall be for sums of not less than one hundred dollars each. The bonds made payable in one year shall have attached thereto one in- terest coupon, those made payable in two years shall have attached thereto two interest coupons, those made payable in three years shall have attached thereto three interest coupons, and those made payable in four years shall have attached thereto four interest coupons. They shall be regularly dated and numbered in the order of their issue, and shall be issued under the seal of the corporation, signed by the mayor and countersigned by the controller. The controller shall keep an accurate record of such bonds, the number, date and amount of each, Record of bonds. an( j tne p erson or persons to whom payable. (As amended by Act approved May 4, 1893.) Assessment (S 226.) Sec. 44. The assessment roll provided for in section rolls for paving four 6 "u" 1 ^ m thirty-seven of this chapter shall be made by the board of assessors in four parts, each part to contain a list of the lots or parcels men- tioned in said section, with the names of the owners or occupants of each lot or parcel, and one-quarter of the cost and expense of the work shall be assessed upon each lot or parcel. Such parts of the as- sessment roll shall be numbered one, two, three and four, respectively. Persons assess- ^ n y P ei ' son so electing may have all assessments for street pave- ed may elect . „ topayenthe ments made against the property assessed, payable on nrst assess- assessment. ment; Provided, That in the event of the portion of said paving tax designated as part one not being paid on or before the time the same shall become due, that there be added to such part one a penalty of CHARTER OF THE CITY OF DETROIT. 127 TAXATION AND FINANCES. CHAPTER 11 five per cent of the amount of such part or portion, and that in the event of either of parts two, three or four not being paid on or before Penalty for the time when they shall respectively fall due, there be added to each non-payment. such parts or portions so remaining unpaid a like penalty of five per cent of the amount of such parts or portions so remaining unpaid. As amended by Act approved May 4, 1893.) (§227.) Sec. 45. The common council shall by ordinance pro- streetPavi vide that a sinking fund shall be created for the payment of the bonds issued for street paving, as hereinbefore provided, into which sinking fund shall be paid, from time to time as collected, the proceeds of the assessments for street paving, in such manner that said bonds shall be paid at maturity out of the proceeds of such assessments. (As (Amended by Act approved June 2, 1837.) CHAPTER XII, RECORDERS COURT. (§ 228.) Section 1. The office of recorder and the ^recorder's Recorder's court of the city of Detroit shall continue as heretofore created and Court continued established, except as herein otherwise provided. The present re- corder and associate judge of said court shall respectively continue in Recorder and Associate to office until January ninth, eighteen hundred and ninety-four. (As Tanuar% un i894 amended by Act approved May 27, 1893.) (§ 229.) Sec. 2. On and after January ninth, eighteen hundred Two Judges of Recorder's and ninety-four, there shall be two judges of said court, one of whom Court - shall be the recorder elected at the election held April third, eighteen hundred and ninety-three, who shall have equal and co-ordinate powers and duties. One of said judges shall constitute a quorum for Powers - the transaction of business. They shall have the power and it shall be their duty to apportion between themselves the business of the court; Provided, however, That all business pending in said court on the ninth day of January, eighteen hundred and ninety-four, shall be apportioned by said judges so that said business shall, as near as may „ . vx J J & ' J Business to be be, be equally divided between them. The said assignment and ap- app0rtl0ne ' portionment of causes and business shall not afterwards be- changed except by the order of said judges upon motion made, or for good cause shown; Provided, further, That said judges may sit in place of each other whenever it may be deemed best. Whenever any cause matter, or proceeding, or any motion, application or other business shall be assigned to either of said judges, a journal entry thereof CHARTER OF THE CITY OF DETROIT. Chapter 12. recorder's court. shall be made by the clerk of the court, and the said judge shall pro" ceed to hear, try and dispose of the business so assigned to him, with the same force and effect as if he were the only judge of said courl, and subject to and with the power and authority conferred by all the rules of practice and of law applicable to said court. And thereupon said judge may proceed with the trial or hearing, or other business so assigned to him, in the principal court room, or in a separate room, attended by the clerk or one of his deputies, and by one or more members of the metropolitan police of said city, by a stenographer, and bj l jurymen not engaged in the trial of other causes, if it be a cause to be tried by jury, and such judge while so sitting for the transaction of business, shall have the same powers and authority as if he were the only judge of said court, and the proceedings shall be regarded as proceedings of said court had in open court and at a ses- sion thereof. No stay of proceedings shall be directed or ordered by Stav of pro- ceedings only either of said judges in any cause or proceeding, except when the or- der or decree under which the proceedings are sought to be stayed shall have been made by such judge, unless the order staying pro- ceedings be entered in open court when both judges are present; and no order, except orders made iu chambers, and then only by the judge making the same, shall be set aside or vacated except in open court; and no judge of said court shall review or revise any order, judg- ment, senteuce or act of any other judge of said court, involving the personal discretion, judgment or opinion of such other judge. (As amended by Act approved May 27, 1893.) Record of /e o'SO \ Sec. 3. A record of the proceedings before each of the proceedings. WJ / judges shall be entered in the jourual in the usual manner, the same as though the judges were sitting together, a brief memorandum be- ing entered before or opposite each entry of ihe particular judge be- fore whom the business is transacted, and the said record shall be verified by the signature of the recorder, or in his absence by the \ CHARTER OF THE CITY OK DETROIT. 131 recorder's court. Chapter TJ judge present at the reading and correction thereof; and it shall be the duty of both judges to attend at the reading and correction of said record. Whenever the signature of a judge of the court shall be Signing of required to any bill of exceptions, case made, order, decree, or other bilis of excep- tions, orders,etc evidence of proceeding, or for the approval or verification of any act, the signature of the judge or judges before whom the proceedings were had shall be deemed sufficient. (As amended by Act appioved May 27, 1893.) (§ 331.) Sec. 4. The recorder elected on April third, A.D., Recorder •eighteen hundred and ninety-three, shall be one of the iudsres of the elected April J J ° 3, 1893. recorder's court of the city of Detroit, and shall hold said office of recorder for the term of six years from and after January ninth, eighteen hundred and ninety-four, and until his successor shall be duly elected and qualified. The additional judge provided for by this Additionr.i Judge elected act shall be elected at the election which shall be held in said city, on Nov. 7, 1893. the seventh day of November, A. D., eighteen hundred and ninety- three, and the person so elected shall take his office on the ninth day •of January, eighteen hundred and ninety-four, and shall hold the same for the term of six years from and after January ninth, eighteen hundred and ninety-four, and until his successor shall be duly elected and qualified. Notice of the election of the recorder and additional judge shall be given by the clerk of said city in the manner pre- scribed by law in the case of the election of city officers, and the pro- visions of law relative to holding elections of city officers in said city, canvassing the votes and making the returns thereof, so far as appli- Circuit and cable, shall apply to such election. One of the judges of the circuit Supreme Court Judges may act court for the county of Wayne, and one of the justices of the supreme as J ud ? e - court of this State, may act as judge of said recorder's court when re- quested to do so by said judges, or one of them, or when the offices of both judges shall be vacant. On the first Monday in April next preceding the expiration of the terms of office of said recorder and Notice of election. CHARTER OK THE CITY OF DETROIT. Ch \itek 19, RECORD! it's iih R I. Vacancy, how filled. Successors of judge, their successors shall be elected in the same manner as that Recorder and Judges, elected. } iere j n prescribed for the election of said judges. (As amended by- Act approved May 27, 1893.) (§ 232.) Sec. 5. It shall be the duty of the common council of the city of Detroit, to cause an election to be held to fill any vacancy in the •ffice of recorder or judge of said court, in the same manner as is provided for filling a vacancy in the office of mayor of said city, and whenever the recorder or judge shall tender his resignation to the common council, to take effect at some future day and the same shall have been accepted, said common council may cause an election to fill the expected vacancy, which may be held between the time of said acceptance of resignation and the day when it is to take effect; Pro- vided, That not less than ten days notice of such election shall be given; or such expected vacancy may be filled at any regular election occurring within thirty days after such acceptance of resignation, if said common council so order; and such recorder or judge elect shall assume the duties of the office at the time said resignation takes ef- sect, or as soon thereafter as he is elected and qualifies. (As amend- ed by Act approved May 27th, 1893.) Notice of election to fill vacancy. Salaries. Clerk and Deputies. (§ 233.) Sec. 6. Each of said judges shall receive from the treasury of the State of Michigan the same annual salary as may be payable to circuit judges. They shall also each receive from the treasury of the city of Detroit such additional salary as shall be suf- ficient, with the sum so received from the State, to make the salary of each of said judges five thousand dollars. (As amended by Act ap- proved May 27th, 1898.) (§ 234.) Sec. 7. There shall be a clerk and two deputy clerks of said court, who shall be appointed by the recorder, and a memo- randum of such appointments shall be entered upon the records of said court. Such clerk and deputy clerks shall hold their respective CHARTER OF THE CITY OF DETROIT. I33 recorder's court Chapter 12 offices for the term of six years from and after January sixteenth, eighteen hundred and ninety-four, and until their successors are duly appointed and qualified. The common council of eaid city shall have the power, and it shall be their duty whenever the business of the '.court so requires, to provide by ordinance for additional deputy -clerks and assistants. They shall prescribe in said ordinance the terms of office, compensation and amount of bond required of such additional deputy clerks and assistants. The recorder shall appoint the additional clerka and assistants authorized by said ordinance in -the same manner as is provided for the appointment of the clerk. The recorder shall have power at any time to remove such clerk, deputy -clerks, and assistants for incompetence or serious neglect in the per- formance of their duties; and in case of such removal or of a vacancy in the said office by the death of said clerk, deputy clerks, or assist- ants or otherwise, the said recorder shall till the unexpired term by a new appointment. (Amended by Act approved May 27th, 1893) (§ 235.) Sec. 8. The clerk and deputy clerks of said court Bond of Clerk -each, before entering upon the duties of his office shall give a bond to asid Deputies., the people of the State of Michigan, to be approved by the recorder, for the faithful discharge of the duties of said office. The clerk shall .give a bond in the sum of ten thousand dollars; deputy clerks each in the sum of five thousand dollars. The condition of such bond shall •be in substance as follows: Whereas, the above bounden as the of the recorder's court of the city of Detroit; now, •therefore, the condition of the said obligation is such, that if said shall faithfully, truly and impartially enter and record all orders, decrees, judgments and proceedings of the said court, and faithfully and impartially perform all other duties of his said office, •and pay over all moneys that may have come into his hands as such , and shall deliver to his successor in office all the books, (records, papers, seals and other things belonging to the said office, 131 CI1\KTKK OF T1IK CITY ()!•• DKTROIT. CH mti k 18, him OB i>b R'S I "i R I . Clerk to keep recoi d. then the above obligation to be void, otherwise to remain in full effect. (As amended by Act approved May 27, 1893. (£ 286.) Sec. 9. It shall be the duty of said clerk to keep a true record of the proceedings of said court, in the proper books, to be provided therefor; to enter and record all orders, decrees and judg- ments, and file and safely keep all books and papers belonging to or pertaining to said court. lie shall sic;n and seal all writs and process Powers and duties of Clerk. j ggu j n g f rom said court, and shall have power generally to admin- ister oaths and take attidavits and acknowledgements, and to do all acts authorized by law to be done by clerks of circuit courts of this state, so far as the same may be applicable. He shall receive all tines and costs imposed by said court, and within a reasonable time pay the same to the county treasurer of Wayne county and take a receipt therefor, except such fines and costs as may be imposed for violations of city ordinances, which shall be received by the city at- torney and by him paid to the city treasurer. He shall receive a salary of three thousand dollars per annum, which shall be payable out of the treasury of said city. (As amended by Act approved May 24, 1893.) Powers of Deputies. Jurisdiction of Court. (§ 237.) Sec. 10. The deputy clerks of said court shall have the same powers as are given to the clerk thereof, and they shall each re- ceive such salary, not exceeding two thousand dollars, and not less than fifteen hundred dollars, as shall be voted them by the common council of the city of Detroit, which shall be payable out of the treas- ury of said city. (As amended by Act approved May 27, 1893.) (§ 238.) Sec. 11. The said recorder's court shall have original and exclusive jurisdiction of all prosecutions and proceedings in be- half of the people of this state, for crimes, misdemeanors, and offenses arising under the laws of this state, and committed within the cor- porate limits of the city of Detroit, except in cases cognizable by the CHARTER OF THE CITY OF DETROIT. I35 recorder's court. Chapter 12 police court of the city of Detroit, or by the justices of the peace of said city; and shall have power to issue all lawful writs and process, and to do all lawful acts which may be necessary and proper to carry into complete effect the powers and jurisdiction given by this act, and especially to issue all writs and process, and to do all acts which the circuit courts of this state, within their respective jurisdictions may, in like cases, issue and do by the laws of this state; Provided, That this section shall not be construed to prevent the grand jury for the county of Wayne from inquiring into and presenting indict- ments, as heretofore, for crimes and offenses committed within the limits of said city. (§ 239.) Sec. 12. All indictments for offenses committed within IndictmentS) the limits of the city of Detroit, which may be found and presented to the circuit court for the county of Wayne, by the grand jury of said county, shall be forthwith certified and transmitted by the clerk of said circuit court to said recorder's court, and thereupon said re- corder's court shall have as full and complete jurisdiction of said in- dictments as .if the same had been originally presented to said re- corder's court, and shail have full power to take all further proceed- ings thereon. (§240.) Sec. 13. Except as provided in the preceding section, Prosecut i ons . prosecutions in the recorder's court for crimes, misdemeanors, and offenses arising under the laws of this state, and within the jurisdic- tion of said court, shall be by information as provided for in chap- ter two hundred and sixty-one of the compiled laws of 1871; Pro- vided, That in all cases where an information shall be filed against Proviso ' any person held for trial before said court, it shall not be necessary that said information be verified by oath. (§ 241.) Sec. 14. Said recorder's court, the clerk, and either Powerto let to bail. judge thereof, only, shall have power to let to bail any prisoner or 136 CHARTKR OF THK CITY OK DETROIT. Chapti k IS. RE( ORD1 R*S COOB i . Power to ■enforce re- cognizances. Form of re- cognizance. person charged with bailable crime, misdemeanor or offense, or who is detained as a witness in default of bail, of which the said recorder's court shall for any purpose have jurisdiction; Provided, That in cases where the clerk takes bail, the amount of the recognizance and the number of the sureties required, shall be the same as that fixed by the committing magistrate, or said recorder's court, or either judge thereof. Said recorder's court shall have full jurisdiction on and au- thority to control and enforce all recognizances lawfully taken by said court, or by the judge or clerk thereof, or by any other court, judge or magistrate, in the course of any prosecution or proceeding pending in said court, or lawfully taken by any court, judge or mag- istrate, to compel any person or persons to appear before said record- er's court, and there to answer and do according to the terms thereof; and whenever default shall be made in any such recognizance, such default shall be duly entered of record in said recorder's court, and thereafter said court shall, upon motion of the prosecuting or city attorney, summarily enter judgment against all parties liable on said recognizance for the full amount thereof; Provided, however, That any person against whom such judgment may have been entered shall have the right to apply to the court within twenty days after the rendition of such judgment for the vacation of the same for good and sufficient cause shown; and said court may, in its discretion, va- cate such judgment on such terms as it may deem just. Execution shall be awarded and expected upon said judgment, in like manner as is provided in personal action. (As amended by Act approved May 27, 1893.) (§ 242.) Sec. 15. Any such recognizance as is mentioned in the preceding section may be in the usual form, or may contain a further clause, authorizing said recorder's court, upon default in said recog- nizance, summarily to enter judgment upon the same, against the sev- eral parties liable thereon, for the full amount of such recognizance. CHARTER OF THE CITY OF DETROIT. 137 recorder's court. Chapter 12 ( ' room. or portion thereof, unless such person is accompanied by one of its parents or guardians, or is required by law or the process of the court to be present or in attendance thereon. (As amended by Act approv- ed May 27, 1893.) i ;S CHARTER OV THE CITY OF DETROIT. Chapter 12. recorder's court. Ru es and regulations (8 246.) Sec. 19. The said recorder's court shall have power to how made. make rules for regulating the practice, and conducting the business. thereof, and to alter, amend, or repeal the same in its discretion. i .i ii i oi Record, (S 247.) Sec. 20. Said recorder's court shall be a court of rec- Seal. etc. ord, and have a seal, which it shall devise, and a description thereof, attested hy the clerk of said court, shall be deposited in the office of the controller. Writs, etc., to (§ 248.) Sec. 21. All writs and process, issuing from said re- whom issued and how served C01 -der's court, on complaints under the city ordinances, or for offen- ses under this act, shall be directed to the superintendent or any member of the metropolitan police of said city, and may be served and executed by the officers to whom the same are directed, at any place within the limits of this State; and all writs and process, for of- fenses under the geueral laws of the State, shall be directed to the sheriff of the county of Wayne, or the superintendent or any member of the metropolital police of said city, and all writs and process shall run " In the name of the people of the State of Michigau," be sealed with the seal of the court, signed by the clerk of said court, dated on the day on which the same may issue, and tested in the name of the recorder of said citv. Recorder's (§ 249.) Sec. 22. Said recorder's court shall have exclusive Court shall have exclusive cognizance of all prosecutions for offenses arising under this act, or cognizance ° "ion.'' u',HkM CU ' a ny ordinance or regulation of the common council. All such pros- ecutions shall be commenced by filing with the clerk of said court a complaint, in writing, in the form of an affidavit, duly sworn to before Complaints L ° withclerk. 8 aid clerk, and subscribed by the person making the complaint, and having endorsed thereon the proper jurat of said clerk; and it shall be deemed sufficient to set forth in said complaint the offense com- CHARTER OF THE CITY OK DETROIT. 139. RECORDER'S COIKT. CHAPTER 12. p'ained of, according to its substance. When a complaint shall be filed as herein provided, a summons shall be issued by the clerk ol said court, commanding the respondent in said complaint to appear before said court on a day therein mentioned, to answer to said com- plaint, and if said respondent shall fail to appear in obedience to Warrants may be issued. said summons, warrants may be issued by the clerk upon the order of said court for the arrest of said respondent, who shall be committed to the jail of Wayne county to await trial upon said complaint, unless he enter into a recognizance for his ap- pearance to answer to said complaint, in such sum, and with such sureties as said court may, by a general or special order direct. A warrant may be issued in the first instance, upon the order of said court. The trial shall be had and determined upon said complaint, and upon pleadings, which may be amended in the same manner as indictments or informations and pleading under the general laws of the state. (As amended by Act approved May 27, 1893.) (§ 250.) Sec. 23. There shall be six terms of said court, which Terms of shall commence on the first Wednesday in January, March, May, July Recorder's Court. September and November, and may be continued or adjourned from time to time, as long as said court may deem necessary for the trans- action of its business; and whenever, at the close of any term of said court, the trial of a cause shall be in progress, such trial shall con- tinue until the same is determined, and the continuance of such trial shall not be construed as prolonging said term, nor to prevent the commencement of the succeeding term, previously designated as herein required. If, from any cause, the judge of the said court shall be unable to hold the same on the first day of a term, or on any other day to which said court is adjourned, the clerk thereof shall have p ()f ., ii. .<. . . .,, clerk to open power to open said court and adjourn it iroin tune to time, until the and adjourn court. [40 CHARTKK OF THE CITY OF DETROIT. q h xl ,, ., ,. ,.. R] . ORDER'S I iM R I . judge shall be able to attend; and in such case all prosecutions, pro- ceeding and matters pending in said court shall stand continued until said judge can hold said court. (As amended by Act approved June 16, 1887.) Writ of (g 251 \ g EC 24. All the proceedings of said recorder's court, error, etc. v " at any time before or after final judgment or sentence, maybe re- moved to the supreme court by writ of error or other process, in the same manner that like proceedings may, by law, be removed to the supreme court from the circuit courts of the State, and the supreme court shall proceed to adjudicate thereon in the same manner as on proceedings removed from said circuit court.* City Attorney (§ 252.) Sec. 25. It shall be the duty of the city attorney to col- to collect tines ' . and pay to city lect all fines and penalties imposed for offenses under this act, or any Treasurer. ordinance or regulation of the common council of said city, which shall be reported in writing by the clerk of said court, at the close of each term thereof, to the board of aldermen, and immediately after their collection or receipt by the city attorney, shall be paid by him to the treasurer of said city. Books and (§ 253.) Sec. 26. The common council of said city and the records to be ]j 0ar ^ f auditors of Wayne county, or any committee thereof ap- pointed for the purpose, may at all reasonable times inspect the rec- ords and papers of said recorder's court, and the clerk thereof shall give them, when requested, any information within his power or knowledge concerning such records and papers, and concerning all fines and penalties imposed by said court. County and ,-, 054.) g EC- 27. The city of Detroit shall be liable for all rea- City liable for \r. *■ 1 j prisoners. sonable costs and expenses, and the board of prisoners incurred in prosecutions for offenses and proceedings in said recorder's court, ' arising under this act, or any ordinance or regulation of the common ♦Note 10 appendix. CHARTER OF THE CITY OF DETROIT. 141 recorder's court. Chapter 12' council of said city; and the county of Wayne shall be liable for all reasonable costs and expenses, and board of prisoners incurred in prosecutions for offenses and proceedings in said court, arising under the general laws of the State; but if there be a conviction and sen- tence of confinement in the Detroit house of correction of said city, House of Correction. for any offense now or hereafter punishable by imprisonment in the State prison, the expenses attending the confinement of the prisoner after sentence shall be paid by the State treasurer, quarter-yearly, on the certificate of the city controller that such expenses have been incurred. (9 255.) Sec 28. Any person liable to be imprisoned or con- T Vj ' J r Imprisonment. fined under this act or any ordinance or regulation of the common council of said city, for failing to enter into any recognizance lawful- ly required, or by disobeying any order of said recorder's court, may be so imprisoned or confined in the jail of Wayne county, and it shall be the duty of the keeper of said jail to receive and safely keep therein all persons thus subject to imprisonment or confinement, until legally discharged therefrom. (3 256.) Sec. 29. Any law of this State for the safe keeping of v Laws of State prisoners in a county jail, or for preventing or punishing their es- toappy ' cape, or the aiding of them to escape, or any other act detrimental to their safe keeping in a county jail, shall apply to any jail, work-house or house of correction established or provided under this act by the city of Detroit for the imprisonment or confinement of offenders, in the same manner and to the same effect as to a county jail. (i 257.) Sec 30. Punishments not herein prescribed for of- common Council to fenses against this act, and for offenses against the ordinances and prescribe pun- ishment. regulations of the common council, shall be prescribed by said com- mon council. 142 CHARTER OF THE CITV OP DETROIT. Chapter 12. recorder's court. Crimes to be . n -o i o„„ 01 1 11 *• r • 1 prosecuted *^ 2.>M Skc. <>1. 1 11 al 1 prosecutions lor crimes, misdemeanors and laws of staie and and offenses arising under the laws of this State, said recorder's *. i 1 1 in t t ourt to nppiy, sub- court shall be governed in the same manner as the circuit courts of jecl hi reto. the Stale are by the general laws thereof, which, so far as the same may apply, are hereby made applicable to said recorder's court, its officers and all proceedings therein, subject to the provisions of this act. (? 250.) Sec. 32. Any person charged with an offense under Court to trv ail cases unless this act, or any ordinance or regulation of the common council of said jury is demanded. city, shall be tried by the court, unless he shall request to be tried by a jury; aid if he so request, he shall be entitled to the same right of challenge, and other rights and benefits extended by law to persons on trial by a jury in criminal cases before said court, subject to the provisions of this act. i urvl j st (2 260.) Sec. 33. The "board of jury commissioners," as created by act number ninety-five of the session laws of eighteen hun- dred and eighty-seven, shall, as provided in this act, annually, or whenever required by said recorder's court, in accordance with the provisions of section six of said act, select persons to serve as petit jurors for the trial of causes iu said court, and file a list thereof with the clerk of said court. The number to be selected on the fourth Monday in May of each year, as provided in said act, shall be three hundred. Provided, That said court may direct a different number to be returned by said board by an order to be entered upon its journal, a copy of which, certified by its clerk, shall be delivered to the presi- dent or secretary of such board at least twenty days prior to the fourth Monday in May; and said board shall thereupon return for said court the number of names mentioned in said order. (As amended by Act approved June 16, 1887.) Proviso. CHARTER OK THE CITY OF DETROIT. M3 RECORDERS COl'RT. Chapter 13 fj 261.) SEC. 34. The clerk of said court, on receiving said list, LisUrfjurors shall file it in his office, shall write the names of the persons thus se-^j ps ^ e ; iected on separate strips of paper of the same size and appearance, as nearly as may be, shall fold up each of said strips of paper in the same manner so as to conceal the name thereon, and deposit and pre- serve the same in a box, to be called and labeled " jury box," and the the persons whose names are thus returned and deposited in said jury box shall be liable to serve as jurors for one year, and until another list shall be selected, returned and filed with said clerk, and the names thereon deposited in said jury box in the manner aforesaid. (g 262.) Sec. 35. Before depositing in said jury box the names OW ballots to contained in any new list, the ballots deposited therein for the pre- ceding year shall be taken out and destroyed, and It shall be the duty of the judge of said court to attend and be present with the clerk when the ballots containing the names of persons to serve as jurors are deposited in the said jury box or taken out to be destroyed. (§ 263.) Sec. 36. At least ten days before any term of said re- Provision for corder's court, at whicls jury trials may be had as above provided, the drawing a jury for any term. clerk of said court shall draw from the jury box the name of as many persons as the said court may deem necessary, notlessthan twenty-four nor more than fifty, to serve as petit jurors in said court. At least two days before such drawing, the said clerk shall give notice to the Notice of judge of said court and to the sheriff of the time when such drawing shall take place. (§ 264.) Sec. 37. At the time so appointed it shall be the dutyj ud and Sheriff to w ' t_ of said judge and of the sheriff or under sheriff of Wayne county to ne s S drawing of jury. attend at the clerk's office and witness said drawing of jurors, and if neither said. judge, sheriff or under sheriff be present at the appointed time, the clerk may adjourn such drawing to some certain hour on the next day, of which adjournment he shall forthwith give notice to said judge and sheriff. M4 CHARTER OK THK CITY OK DETROIT. Chapter 18 recorder's court. Drawing (§ 265.) Sec. 38. If at the time first appointed for such drawing,. of jury. or at the adjourned time therefor, either said judge, sheriff or under sheriff shall be present, the clerk shall proceed in such drawing, as follows: He shall shake the jury box so as fairly to mix the slips of paper deposited therein, shall then draw from said box publicly, and in the presence of the ollicer or officers attending, as many strips of paper containing the names of jurors written thereon as may have been ordered by said court; and one of the attending officers shall keep a minute of such drawing, in which he shall enter the name on every strip of paper drawn before any other such strip be drawn. If, after drawing the whole number required, the name of any person shall appear to have been drawn who is insane or dead, or has removed incompetent from the city of Detroit, or is otherwise incompetent to the knowledge persons. of said clerk or any attending officer, an entry of such fact shall be made on the minute of the drawing, the strip of paper containing his name shall be destroyed, and another name shall then be drawn in the place of that destroyed and entered on the minute of the drawing, and like proceedings shall be had as often as necessary until the whole number of jurors required shall be drawn. (8 268 ) Sec. 39. The said minute of the drawing shall then be Minute of " ' sigSoed 08 1 ° bC signed by ths clerk of said court and the attending officers, and filed by the clerk in his office, and he shall immediately make out a venire facias and deliver the same to the sheriff of Wayne county, which Venire facias. shall command him, or any of his deputies, to summon the persons therein named, to be and appear in said court at the term thereof for which they were drawn, to serve as petit jurors, and not depart the same until discharged, under such penalty as the court may im- pose. (S 267.) Sec. 40. Said venire facias shall be served at least how and*"' ' three days before the term of the court therein specified, by giving when served. personal notice to each person therein named, or by leaving a written. CHARTER OF THE CITY OF DETROIT. I45 recorder's court. Chapter 12 notice at his place of residence with some person of proper age; and return thereof shall be made to said court at its opening, specifying those who were summoned and the manner in which each person was notified. (§ 268.) Sec. 41. Said court shall impose a fine on each person duly summoned to attend as a juror who shall, without reasonable Fines for nOB . cause, neglect to attend, not exceeding five dollars for each day's non- ' f jurors. attendance and neglect, but all persons who, under the general laws of the state, are exempted or may be excused from serving as jurors in the circuit courts, shall be exempted and may be excused from serving as jurors in said recorder's court. (§ 269.) Sec. 42. The clerk of said court shall destroy the bal- lots of all persons who shall attend and serve as jurors, or who shall Ballots to be destroyed. be excused from serving as jurors on the ground of being exempted by law from such service, and the ballots of persons who did not ap- pear and serve, which shall not have been destroyed, shall be returned to the jury box. (§ 270.) Sec. 43. Whenever, for any cause, petit jurors shall . . , , . , „ If jurors not in not have been drawn or summoned to attend any term of said lie- attendance court may corder's Court, or a sufficient number of qualified jurors shall fail ta ordera number to be drawn. appear, such oourt may, in its discretion, order a sufficient number of petit jurors to be forthwith drawn from said jury box and summoned to attend such court. (§271.') Sec. 44. The sheriff, on receiving a list of jurors drawn, pursuant to the preceding section, shall proceed as soon as possible She ^ m 3E n °- uror to summons such jurors forthwith to attend such court, and make re- turn to said court of his doings in the same manner as in the case of a venire facias, (§ 272.) Sec. 45. When there shall not be jurors enough pres- By-standers. ■ent to form a panel in any case, said court may direct the officer in at- \.\l> CHARTER OF THE CITY OF DETROIT. Chap n h 19, re< ordi k's coi rt. tendance on said court to summon a sullicient number of persons having the qualifications of jurors to complete the panel from among the bystanders or the neighboring citizens, and such officer shall im- mediately summon the number so ordered and return their names to said court. (§ 273.) Sec. 4G. The clerk of said court, on the first day of oYcierk. lip0,t January in each year, or as soon thereafter as practicable, shall make to the board of aldermen a report in writing, duly certified by him, showing the whole number of prosecutions by information or indict- ment, which number shall be also classified by the name or descrip- tion of the offense; the whole number of prosecutions for offenses against this act or the ordinances and regulations of the common council, which shall be also classified in like manner, so far as practicable; the whole number of prosecutions, convictions, acquittals, cases dismissed and discontinued, and cases pending; the whole num- ber of sentences passed; the whole number punished by fines and penalties; the whole number punished by imprisonment and con- finement, which shall also be classified according to the prison, jail or other place of imprisonment or confinement; and the whole num- ber held to bail for good behavior and to keep the peace; and said report shall be published in such manner as the said board shall direct. (\ 274.) Sec. 47. There shall be two stenographers of said re- Stenographers corder's court, who shall be appointed by the recorder, and the per- sons so appointed shall be deemed officers of the court, and it shall be their duty to attend at each session thereof, and to take full sten- Duty of stenographers g ra phj c no tes of the testimony and of the charge of the court in all cases tried in said court, unless otherwise ordered by the judges thereof. And in case a judge shall so order, they shall make without Shall make tri eRib " e tof extra compensation, a legible transcript of their notes, which shall be filed by the clerk and preserved as part of the files in the cause, sub- CHARTER OF THE CITY OF DETROIT. I47 RECORDERS COURT. CHAPTER 12 ject to the inspection and use of all parties interested. They shall each receive an annual salary not exceeding two thousand dollars, and Salar y- not less than twelve hundred dollars, to be fixed by the board of audi- tors, and which shall be paid in monthly installments out of the county treasury. Said stenographers shall be entitled, except as here- in otherwise provided, to the same fees for making a transcript of the testimony and charge of the court in any case, as shall be allowed by law to the stenographer of the circuit court for the county of Wayne for like service. (As amended by Act approved May 27, 189?.) (? 275.) Sec. 48. In cases of sickness or temporary absence of c . oickncss ot a stenographer, the recorder may appoint some competent person steno £ ra P her - to act in his stead, who, while so acting, shall be paid out of the coun- ty treasury such sum as the court shall allow. (As amended by Act approved May 27th, 1893.) (2 276.) Sec. 49. This act shall not be construed to repeal or in Act not to affect Police Court any way affect any of the provisions of act 479 of the session laws of act " 1871, entitled •' An act to establish a police government for the city of Detroit," relating to attendance by members of the metropolitan police on said court and the service of process issuing therefrom. Q 277.) Sec. 50. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. (Approved June 7, 1883. Ordered to take effect July 1, 1883.) 148 Chapter 12. CHARTER OF THE CITY OK DETROIT. in i okdkk's cm k i. Associate Judge of the Recorder's Court. Manner of election. Term of office. Powers and duties in case of vacancy in office of recorder. He shall act as judge in ab- sence of recorder. Annual salary. Vacancy, how filled. ASSOCIATE JUDGE OF THE RECORDER'S COURT. (8 '278.) An Act to provide for an associate judge of the re- corder's court of the city of Detroit, and to authorize the governor of the state to fill any vacancy therein. (S 279.) Section 1. The People of the State of Michigan enact, That there shall be an associate judge of the recorder's court of the city of Detroit, who shall be elected in the same manner as is pro- vided by law for the election of recorder. (§ 280.) Sec. 2. He shall hold his office until the second Tues- day of January, A. D. eighteen hundred and ninety-four. If a va- cancy shall occur in the office of recorder, he shall perform all the duties and shall have all the powers and authority of said recorder. No election shall be held to fill said office of associate judge at or after the expiration of the present term of the recorder of said court. (§ 281.) Sec 3. He shall, in the absence or during the inability for any cause of the recorder to perform the duties of his office, act as judge of the recorder's court of the city of Detroit. (§ 282.) Sec. 4. He shall receive from the treasury of the city of Detroit an annual salary of three thousand dollars. (§ 283.) Sec. 5. Upon the taking effect of this act a vacancy in said office of associate judge shall be deemed to exist, and the gov- ernor of the state is hereby authorized to appoint some suitable per- son to fill such vacancy, and such appointee shall hold his said office, until his successor is elected and duly qualified. Said successor shall be elected at the next ensuing charter election of the city of Detroit. This act is ordered to take immediate effect. (Approved May 25, 1889.) CHAPTER XIII. PUBLIC LIGHTING COMMISSION. AN ACT to amend an act, entitled "An act to provide a charter for the city of Detroit, and to repeal all acts and parts of acts in con- flict therewith," approved June 7, 1883, by adding a new chapter thereto. SECTION 1. The People of the State of Michigan enact, That an act entitled "An act to provide a charter for the city of Detroit, and to repeal all acts and parts of acts in conflict therewith," approved June 7, 1883, be and the same is hereby amended by adding a new chapter thereto to be known as chapter thirteen, to read as follows: CHAPTER XIII. (S 284.) Section 1. There shall be a board of commissioners in Public Light- ing Commission said city known as the public lighting commission. Said commission ™eir appomt- shall consist of six members, who shall be appointed by the mayor and approved by the common council. The first appointment of members of this commission shall be made at the next meeting of the common council after this chapter shall have become operative, and the first appointments shall be made for the terms respectively of one, two, three, four, five and six years, and the members so appointed shall hold office until their successors are appointed and shall have qualified. Their successors shall be appointed at the termination of said respective terms for the term of six years. Said commissioners shall take and file in the office of city clerk the oath of office pre- I50 CHARTER oi- Till' CITY 01. DETROIT. Chapter 13. publk lighting commission. scribed for city officers, and shall then enter upon the performance of their duties. They shall appoint their president and secretary, who shall perform the duties usually appertaining to such offices and such as shall be prescribed by said board. The president of said board shall be ex-officio a member of the board of estimates. Said board of commissioners shall have authority to call upon the city surveyor for any service they may require in making maps or diagrams of loca- tions of lights and wires within the city limits, and the city clerk and board of public works shall furnish them such information as they may require for the proper discharge of their duties. contractor (§ 285.) Sec. 2. The said city may contract for the lighting of establish light- ing plant. public buildings, streets, avenues, parks, public grounds and places for any period not exceeding tliree years. It shall have power to pro- cure lands, and purchase or construct the necessary buildings, engines dynamos and other machinery, tools, lamps, lines, conduits, poles, towers and other apparatus and appliances, constituting a plant for lighting the said city by electricity, or by any other means or sys- tem, and if the common council deem it desirable it may purchase towers, poles, wires, lamps and other appliances, and cause lines of wire to be constructed, the use of which it may let to any person or corporation contracting to light said city. It shall also have power to lay pipes and conduits in the highways, alleys and public places, for gas or electric light wires, and to erect in the highways, alleys, and public places, poles, towers or posts for wires or lamps, and to place, construct and maintain the necessary lines of wires, either below or above ground, in the highways, alleys or public places; Provided, That nothing in this act shall be construed as granting said munici- pality or said board the right to engage in the business of private or commercial lighting. c ts . (ji 286.) Sec. 3. If the common council shall determine to con- tract for lighting, it shall by resolution direct the public lighting com- CHARTER OF THE CITY OF DETROIT. 151 PUBLII LIGHTING COMMISSION. CHAPTER 13 missioners to enter into a contract for lighting said city, either by electricity or by such other means as it may determine, for a period of time to be mentioned in such resolution. It shall thereupon be the duty of said commissioners to prepare specifications and advertise for proposals for a period of not less than five days, and enter into a con- tract in behalf of said city with the lowest responsible bidder, for lighting said city by such means as are specified in such resolution; Provided, It shall be competent for the commissioners to contract for lighting the public buildings and any part or portion of the city by different means or systems. (i 28T.) Sec. 4. If the common council shall determine that it c ° un cil may direct Com- is advisable to establish a plant for public lighting, to be owned by e^tobHsh^fant the city, it may direct said commissioners to purchase the necessary lands, machinery, wires, poles, lamps, towers and other apparatus and appliances mentioned in the first section of this chapter, the cost of which shall not exceed eight hundred thousand dollars. And it shall thereupon be the duty of said commissioners to carry into effect the authority thereby conferred, and to make the necessary purchase of lands, machinery, engines, tools, lamps, apparatus and appliances, and construct the buildings required, and cause to be constructed or laid all necessary conduits and lines of wire below ground, and to erect and construct all necessary poles, towers, posts, lines of wire above ground, which they shall deem necessary or required according to such system or systems, as they shall deem best for the lighting of said city. (§ 288) Sec. 5. The said commissioners may employ an elec- city electrician, superintend- trical engineer who shall be known as the city electrician, and such ents > clerks ' etc - other superintendents, engineers, clerks, agents and subordinates un- der them as may be necessary to carry into effect the provisions of this chapter, regulate and define their duties and prescribe their com- pensation. 15 2 CHARTER OF THE CITY OF DETROIT. Chapter i:>. i-ruur lkhitim; commission. Establishment , ■js'.i.') Hefore the common council shall direct said commis of plant to be submitted to s i, me rs to establish a plant as herein provided, it shall by resolution electors. submit to the electors of said city, to be voted upon by said electors, the question, as to whether the authority hereby conferred shall be exercised. The proposition shall be stated upon the ballots to be printed by the election commissioners, in the following form: " For a city lighting plant — Yes," and the same words repeated followed by the word " No;" and any elector may vote for or against said r proposition by making a cross opposite said word "Yes" or "No,' respectively. The votes upon said proposition and for and against the same, respectively, shall be certified, returned and canvassed by the board of city canvassers in the manner now provided by law for certifying, returning and canvassing votes cast for city officers. And if a majority of the electors voting thereon in said city shall vote in favor of said proposition then the authority hereby conferred may be so exercised ; otherwise the same shall not be so exercised. Notice shall be given by the city clerk by publication in four or more news- papers of the election to vote upon said proposition at least five days- before the election. Commissioners (J 290.) Sec. 6. The said commissioners shall have a general to have charge of public supervision and management of all public lighting, and of any plant lighting. established by the city, as herein provided for that purpose, and all employes engaged in or about the construction or operation thereof, provided that after the adoption by them of plans and specifications for the erection of any buildings, the board of public works shall have the immediate supervision or superintendence of construction thereof, and also of the laying of conduits in the public streets and of* the necessary excavation, refilling and repaving caused thereby. (S 291.) Sec. 7. The said city may raise by tax the necessary Power to raise v « ' J J or°bonds bv ta * funds to provide for the public lighting and for the purpose of pro- viding for the construction of the public lighting plant, as herein CHARTER OF THE CITY OF DETROIT. I53. PUBLIC LIGHT NG COMMISSION. CHAPTER 13 provided, may raise moneys by tax or issue the bonds of said city, payable at such time and in such amount and at such rates of interest as the common council may determine, subject, however, to the ap- proval of the board of estimates as provided by section 4, chapter 8, ©f the act number 488 of the public acts of 1887. It shall also have power to issue bonds in like manner or raise moneys by tax for the purchase or construction of conduits, wires, posts, poles, towers and lamps, for use by any party or parties contracting for the public lighting as herein provided. (§ 292.) Sec. 8. No contract shall be let nor any purchase be contracts not let in excess made of any lands or property requiring the payment of any money, of funds authorized. nor shall any moneys be paid for public lighting in excess of the tax levied for that purpose, or of moneys raised by issuing bonds as herein provided. (§ 293.) Sec. 9. The public lighting commissioners shall have commissioners to have super- the supervision of the construction of all the electric lighting lines of vision of ail electric light- wires in said city whether owned by the city or by other parties, and ln s wires > etc * of all connections made with any building or buildings, and no such wires or lines of wires shall be placed, laid, erected or constructed, nor shall any pole or post or conduit be laid, placed or constructed for such lines, nor any connection made with any building or build- ings, except under such general regulations as they from time to time may adopt. They may prescribe the limits of the district or districts of said city, within which it shall not be lawful to erect poles and train wires for such lines above ground in any street or highway, and they may prescribe or determine the other street or streets in which it may be lawful to erect or construct such lines of wire above ground. Any person violating the provisions of this sec- tion shall be deemed guilty Of a misdemeanor and shall be punished accordingly. I =,| CHARTER OF THE CITY OF DETROIT. Chapter 13. publii lighting commission. Council maj (§294.) Si:c. 10. The common council shall have power to adopt ordin- adupt ordinances not in conflict herewith, to carry out the provisions of this chapter and to regulate the use of electricity for lighting pur- poses in said city, and the training or using of wires therefor, and to regulate or prohibit the erection of poles in the streets of said city for such wires, or the training thereof. Breaking or fg 295.) Sec. 11. Any person who shall cut, break, injure or injuring vo ' J * ' J "vi.os'rt'c ' a destroy any building, engine, dynamo or other machinery, or appli- misdemeanor. . ' ances, poles, posts, towers, lamps, wires or conduits erected, con- structed or used for the public lighting of said city, whether owned by the corporation or by any party or parties contracting for the lighting of said city, with intent to prevent or interrupt the lighting of any public building, or any part or portion of said city, shall be deemed guilty of a misdemeanor, and shall be punished therefor by a tine of not less than twenty-five dollars nor more than one thousand dollars, or by imprisonment not exceeding two years, or by both tine and imprisonment in the discretion of the court, and proof that the act was willful shall be prima facie evidence of such intent. (This Act is ordered to take immediate effect. Approved March 18, 1893.) CHAPTER XIV. LAW DEPARTMENT. AN ACT supplemental to the charter of the city of Detroit, and to provide for a law department in said city. (§ 296.) SECTION 1. The People of the State of 'Michigan enact: m ^ t; how constituted. That there is hereby established an executive department of the municipal government of the city of Detroit, which shall be known as the department of law, and shall embrace the city counselor, the city attorney, one chief assistant to each and such other assistants clerks and subordinates as the common council shall see fit to prescribe and establish. The common council shall provide proper offices, fuel, council to provide - and all necessary books, blanks, stationery, etc., for the use offices, etc. of said department. (§ 297.) Sec. 2. The city counselor shall be a practicing at- City Counselor, torney, appointed as provided in this act. He shall have practiced how anpointed; term of office. his profession for at least five years, and shall devote his whole time to the duties of the office. lie shall be appointed by the mayor on or before the third Tuesday in June for the term of three years from the first day of July next succeeding his appointment. (§ 298.) Sec. 3. The city counselor and the city attorney shall, £j^ A ^J£}" lor each, before entering upon the duties of his office, execute bonds to bonds?" the city of Detroit in the sum of five thousand dollars, with such [ 5 6 LAWS RELATING To THE CITY OF DETROIT. Chap m; 1 1. 1 \\\ DB PAR l Ml N l . Salary of City Counselor. Powers and ilutu js of Law Department. Department to furnish Assistants to Counselor and Attorney. sureties as the common council shall .approve, conditioned for the faith t'ul performance of the duties of his office. (§ 299.) Sec. 4. The city counselor shall receive an annual salary of five thousand dollars, payable in monthly installments. (§ 300.) Sec. 5. The city counselor shall be the head of the de- partment of law, and he shall superintend and conduct all the law- business of the city and its departments, excepting that of the board of police commissioners, conduct all suits brought by or against the city, or any board thereof excepting the board of police commis- sioners; the city attorney shall have charge of and conduct all pros- ecutions for violations of the ordinances of the city, all proceedings for the opening of streets or alleys, all proceedings for the con- demnation of lauds, and other proceedings in the recorder's court and appeals therefrom, and either of said officers shall draft all such ordinances as may be required by the common council or a committee thereof, and prepare such leases, deeds, contracts or other papers as may be required by the common council or by any department of the city government, excepting the board of police commissioners. It shall be the duty of the city counselor to act with the city at- torney in any of said matters when so requested. (§ 301.) Sec. 6. The law department shall, when required, fur- nish written opinions upon all subjects submitted by the common council, by the mayor, or by any board or head of any department of the city government, excepting the board of police commissioners. (§ 302.) Sec. 7. The city counselor and city attorney shall ap- point their respective assistants, clerks and subordinates as may be authorized by the common council. In case of the disability or ab- sence of the city counselor or city attorney the chief assistant shall have charge of the business of said department, and in case of a vacancy in the office of city counselor or city attorney the chief as- LAWS RELATING TO THE CITY OF DETROIT. 157 LAW DEPARTMENT. CHAPTER 14 sistant shall perform the duties of such, office until the vacancy be filled. (§ 303.) Sec. 8. Upon the expiration of the term of office of the „ , Books, etc., to city counselor and of the city attorney or their resignation thereof, or successor?* 1 tf> removal therefrom, such officer shall forthwith on demand deliver to his successor in office all deeds, leases, contracts and other papers and books in his hands belonging to the corporation, or deliver (delivered) to him by the corporation of any of its officers, and all papers inactions prosecuted or defended by him, or which are pending and undeter- mined. (§ 304.) Sec. 9. The city counselor shall annually, on or before Annual report of City the first day of July in each year, report in writing to the common Counselor - council of all suits instituted and pending in the courts of record in which the city of Detroit is a party, in which report shall be stated the names of all defendants and plaintiffs, the nature of the actions, the date of the commencement and the several steps that may have been taken in court during his term of office to bring such suits to final issue, to be accompanied with such explanatory remarks as said officer may see fit to append, to the end that the council may be kept more fully advised as to the legal affairs of the city. He shall also attach to his said report a list of all such cases as may have been disposed of during his term of office, and subsequent to his last re- port, together with their results. (§ 305.) Sec. 10. No officer, department or municipal board. ' Officers, unless with the consent of the common council, shall have or employ ^ZTu^' et °" any attorney or counsel, but it shall be the duty of the law depart- ment to furnish to every department, officer and municipal board, except the board of police commissioners, such advice and legal as- sistance, as counsel or attorney in or out of court, as may be re- quired by such officer, department or board. employ attorneys. ISS LAWS RELATING TO THE CITY OK DETROIT. Chapter u. taw department. Police depart- r§ 306.) Sac. 11. It shall be the duty of the superintendent o^ iiu'iii to furnish metropolitan police to detail on request of tbe city counselor of one or more detectives for service as may be required in connection with the business of said department. (§ 307.) Sec. 12. It shall be the duty of any officer upon whom Duty of officers , . , , on whom any process or other paper may be served in any cause commenced papers served to deliver to r pending against said city, to immediately transmit such process Counselor. or paper to the city counselor, who shall inform the common coun- cil of the pendency of the suit or proceeding, and unless otherwise directed by the council he shall appear in such suit or proceeding in behalf of the corporation, and if a judgment or decree be entered Counselor may therein he may cause an appeal or other appropriate proceeding to appeal causes. be taken to remove such cause to the appellate court if in his judg- ment the interests of the city so require. City not re- (§ 308.) Sec. 13. Whenever an appeal shall be taken in any quired to furnish appeal cause, or a writ of error issued in any suit brought against said city bonds. of Detroit, it shall not be necessary in order to perfect said appeal, or to stay proceedings upon any judgment, for the corporation to execute any bond or other undertaking, but there shall be the same right to sue and recover against the said city the same damages that the appellee would have had had an undertaking or bond been executed by the corporation in such cases. The appeal shall be deemed to have been perfected when a claim or notice of such appeal shall have been filed and notice thereof given, to the appellee or his solicitor or attorney. This Act is ordered to take immediate effect. (Approved June 1, 1893.) CHAPTER XV. BOAKD OF PUBLIC WORKS. (6 309.) SECTION 1. The People of the State of Michigan, enact, " ' Appointment There shall be appointed by the common council, on nomination of of menibers - the mayor, on the last Tuesday of December following the passage of this act, three persons, freeholders and electors of the city, who shall constitute a board to be known and designated as the Detroit board Term of office of public works.* Such persons shall hold their office for the term of two, three and four years, respectively, from the third Tuesday in January, eighteen hundred and seventy-four, which terms shall be determined by lot in the manner to be prescribed by ordinance for drawing lots. Each succeeding member, so appointed by the council, shall be nominated and appointed in like manner on the second Tuesday in January preceding the expiration of the term of office of any member whose term will next expire, and for the term of four years. Each member of said board shall receive such salary per p e0 pfe Jx reT Alex. Chapatorv annum as the common council may from time to time establish. Each vs. Common Council; Janu- member shall devote his entire time to the performance of his official arv term > 1878 - duty, and for any failure or neglect to do so, or for any other cause deemed sufficient, may be removed from office in the same manner as other elective officers of the city are removed by the common coun- _,, , „ . . _ n,n., i . , ,. Bond to be cil. The members of said board shall give bonds in the sum of twen- given. ty thousand dollars each, with sureties to be approved by the com- mon council of the city of Detroit. The said board shall elect one of p res identof , . , , ,. . . . , , , Board; how its own members president thereof. All vacancies in said board, elected, whether by expiration of term of service or otherwise, shall be filled by the appointment of the mayor, and be confirmed by the common council. *See note 11 appendix. [60 LAWS Kll \11M'. TO Till'. CITY OF DETROIT. Chapter 15. board of public works. ineer; (§ 310.) Sec. 2. As soon as practicable alter the members of how appointed. said board shall have been appointed and qualified, they, together with the members of the board of water commissioners for said city, shall meet together and appoint a city engineer, who shall hold his office for the term of four years, or until his successor shall have been Dutiesof appointed and qualified, and whose duty it shall be to perform all Engineei . the duties heretofore required of the city surveyor, not in conllict with this act; all civil engineering, and any duty that may be requir- ed of him by said board, or by said board of water commissioners, or by any resolution or ordinance of the common council; and he shall devote his entire time to the performance of his official duties. The members of said board of public works and of said board of Compensa- water commissioners may jointly fix the compensation of said engi- t ion. etc. neer and of such assistants as may be authorized by them; and who shall be appointed by them, on the nomination of the engineer; and they shall determine the portion of such compensation to be paid by the city, subject to the approval of the common council, and the por- tion to be paid by the board of water commissioners; and they shall also make such general regulations that the duties of said engineer and assistants, in respect to the requirements of said boards respec- tively and the city generally, shall not conflict. They may remove Removal of Engineer, etc. an y f sa i(j assistants at any time, and may remove the city engineer for incapacity, neglect of duty, or any of the causes for which the city controller might be removed from office by the common council. (S 311.) Sec. 3. Any one of the said board of public works, No member Of V3 ' J a^mhiation e to wJl0 snall > during his term of office, accept or hold any office, elected fin elective office. by the people, or who shall, during his term of office, be publicly nominated for any office elected by the people, and shall not, within ten days succeeding the same, publicly decline the said nomination, shall be, in either case, deemed thereby to have resigned his position and to have vacated his office. LAWS RELATING TO THE CITY OF DETROIT. l6l BOARD OF PUBLIC WORKS. CHAPTER 15 (S 312.) Sec. 4. The board of public works shall prepare, as Board shall ° ' prepare general soon as may be, a general plan of laying out into streets and alleys, ^alley^wifli- . in city limits. all such portions of the territory now or hereafter lying within the corporate limits of the city as shall not already be laid out, approved and platted at the time of the taking effect of this act; or without the city^iiniits, and within two city limits, and within two miles thereof, when directed by the com- milesof same. mon council, and may enter upon land for that purpose. If approv- ed, they shall endorse their approval on all plats of such streets and alleys, and no private plan shall be allowed or permitted which does Private plans shall conform not conform thereto, and no plat shall hereafter be recorded or be of any thereto, validity, unless before such record the approval of said board shall be No lats valid . or permitted to duly endorsed thereon.* Before accepting and approving any such be recorded unless approved plat, the said board of public works shall require that there be filed b y Board. in their office a certificate from the proper authorities, showing that certificate that taxes are paid all back taxes on property included in said plat shall have been paid to be filed, in full. Said board shall not have power to change such plats when „. 1 or Plats may be once approved and adopted by them, unless authorized so to do by a thr^fourths vote of council. resolution of the council, passed by a three-fourths vote of the mem- bers elect; Provided, That all streets and alleys shall be laid out so streets and J alleys to con- aS to conform as nearly as may be to the lines of streets and alleys \°^ oprei now opened. (As amended by Act approved April 18, 1883.) (§ 313.) Sec. 5. They shall establish a system of grades for all To est . lbHsh a streets and alleys within said corporate limits, and when once estab- grades, lished, no grade shall be changed except by resolution of the council, as above provided (3 :>14.) Sec. 8. They shall establish a system of sewers for the . , J J A system of entire city, and cause to be designated on said plats the streets &e through which the same are to be constructed; and no street shall be paved until the sewer to be constructed through the same shall be ♦Note 12 Appendix. \62 LAWS KKI.AT1NV, To 1111. CITY OF DKTROIT. Ch \i'i i k 15. Proviso. HOARD Ol ri in u completed so far as the pavement is to extend; Provided, That all sewers, water pipes, gas pipes, and all connections, be made and com- pleted at least one year before such paving is ordered to be done. Connections ti i be made. (£ 815.) Sec. 7. Said board may require, before any street is paved, that the gas pipe shall be laid therein and connections made to the curb in front of each lot. If any gas company refuses to lay said pipe when required by said board, they may prohibit the laying of such pipe in such street after the street is paved. 1 hities of Board as to grading, etc. of streets. Proviso. Erection of lamp posts. (§ 316.) Sec. 8. The board of public works shall supervise the grading and paving of all streets, avenues, alleys and public grounds ; the cleaning, working, repairing and improving of all streets, avenues, alleys and public places, and also the construction, alttring and repairing of public wharves, docks, bridges, culverts, receiving basins, sewers and water courses within said city; the improvement and ornamentation of all parks and public grounds within the city; Provided, That this act shall not be construed so as to repeal an act entitled "an act supplementary to the charter of the city of Detroit, relating to a public park or other public grounds for the use of said city," approved April 15, 1871, and the acts amendatory thereof, or in any way interfere with any of the powers or duties of the board of park commissioners in relation to any park or public grounds laid out or established by virtue of said acts; the laying of all gas or water pipes through any street or alley; the construction of all sewers and drains; and no person shall make any connection therewith without the con- sent of said board, and under such general rules and regulations as the board may adopt. Said board shall also have the supervision and the control of the erection of all lamp posts, and may order the erec- tion of the same at such places as the same may from time to time be needed. LAWS RELATING TO THE CITY OF DETROIT. 163 BOARD OF PUBLIC WORKS. CHAPTER 15 (§ 317.) Sec. 9. It shall supervise the laying down of all side- Sidewalks, etc. walks and crosswalks; the construction of all vaults under any por- tion of said streets; the erection of all public buildings and works of Construction • of public the corporation, or any board thereof, within or without the city, ex- buildings. cepting such buildings and works as may by law be under the super- vision of the board of water commissioners, and may stop the work thereon when the same is not being done according to the contract thereof; Provided, however, That this clause shall not be construed p roviso to give the board any right to interfere or change the plans or speci- fications of such buildings or works, nor authorize them to demand any variation therefrom. (g 318.) Sec 10. When the construction of any building or Power to work of the corporation shall require peculiar skill, the common employ skilled workmen in council may, by resolution, authorize the board to employ a compe- certain cases - tent person to superintend the same at a compensation not exceeding a sum to be stated in said resolution. (2 319.) Sec. 11. The board of public works shall have the en- Duties of tire charge and control of the street cleaning, repairs of paving, and B ? l [. d In building of wooden crosswalks in the city of Detroit. They shall ad-|tc? C vertise, in the month of February of each year, for proposals for cleaning and working the streets, alleys and public places, repairing paved streets and crosswalks and the building of wooden crosswalks ior the term of one year. For this purpose they may receive propo- sals for the whole of the above mentioned work, or may receive pro- posals for doing the same by wards or districts, as they may deter- mine; and they shall let the work to the lowest responsible bidder, who shall give adequate security for the performance of his contract; Provided: That they may reject all the proposals made. The board proviso, shall not change the boundaries of said district after advertising as above provided. If, in their opinion, the interests of the city require, they may employ laborers to clean and work the streets by the day or "M LAWS KK1.ATIW. TO Till'; CITY OK DETROIT. Chapter i">. r<> repoi t estimates. BOARD in PUBLIC WORKS. Repairing public wharves Assessments for cleaning and repairing streets. mouth, as they may deem best. The board of public works shall re- port to the controller of the city of Detroit, in the month of February of each year, au estimate of oach of the sums required for working or Gleaning of streets, repairs of paved streets and crosswalks, building of wooden crosswalks in each ward of the city of Detroit; also for the repair or construction of public wharves, docks, bridges, platforms, culverts, receiving basins, sewers, public drains, buildings, lamp posts, and drinking or ornamental fountains, erected by the city or said board, and of all the public works to be carried on under their supervision during the fiscal year, or for any other of the purposes for which money may be expended under the provisions of this act. The sum required for each ward for working or cleaning of streets, re- pairs to street pavements or crosswalks, shall be levied and assessed as the present ward road tax is assessed, in accordance with the char- ter and ordinances of the city of Detroit. (As amended by Act ap- proved April 18, 1883.) ... . (3 320.) Sec. 12. When any public improvement, except the All public lm- v. " •/ J i r i be°firsTreferred opening of public streets, or public work is proposed, the common to the Board. council shall, before proceeding with the same, refer the matter to said board of public works, and the board last named shall forthwith proceed to examine the same, and shall, as soon as practicable, report thereon to the common council, giving detailed estimates of the costs of such works or improvements, if any costs there will be, and shall make such recommendation as said board of public works may deem expedient.* Power to employ Superintend- ents, etc. (§ 321.) Sec. 13. The said board shall have power to employ superintendents, clerks, surveyors, a secretary, and and such other persons as may be necessary to enable them to perform their duties under this act, and to specify the duties of such persons so employed,. *Xote 13 appendix. LAW? RELATING TO THE CITY OF DETROIT. 165 BOARD OF PUBLIC WOKKS. CHAPTER 15 and to fix their compensation, as shall be, from time to time, deter- mined by the council, and shall have power to adopt such rules and regulations for its own and the government of its employes as they may deem necessary and expedient to effect the purposes of its or- ganization, and also to remove any person so appointed at its pleasure. (§322.) Sec. 14. All work done under the supervision of said by Board to be reported to board shall be reported to the common council from time to time, and council. no money shall be paid out of the treasury on account of any work so No moneys to , be paid out done until the common council shall have instructed the controller to except on warrant of draw his warrant therefor. Controller. (§ 323.) Sec. 15. Said board shall also exercise such other Other powers. powers and perform such other duties in the superintendence and construction of public works, improvements and repairs constructed •by authority of the council, or owned by the city, as the council may from time to time direct. (§ 324.) Sec. 16. It shall be the duty of said board to classify Classifying of work, etc. or divide the various works or interests under their control into de- partments, as far as may be, and keep an accurate account of the costs of each branch, showing the amounts expended for original im- provements or construction, and the amounts for repairs, superin- tendence and other expenditures, exhibiting the source of expendi- ture; and it shall be the duty of the said board to make a report to Anr >uai report 1 of Board. the common council of said city annually, in the month of June, which shall embrace the said expenditure of the different branches or departments of work under their control, and the said report shall also embrace a statement of the condition, progress and operation of the works; and the said board shall also have charge and control of Control of streets, parks, the streets, parks and public grounds of said city, and may, by printed etc - •rules and orders, approved b} the common council, regulate the use 1 66 i.wvs RELATING XO I'm. CITV OF DETROIT. Ch \ri i k 15. l'io\ ISO. BOARD 'M PI 13] It wen; k 3. Members of Board not to interested in contracts. Removal of members. Grading and paving; how done. Erection of public buildings. of the same, and pn>\ Lde for planting ornamental trees therepn; Pro- vided, That nothing herein shall be construed to authorize said board to devote any more of a public street to ornamental trees than such as is not required or used for road and sidewalk purposes. (As amended by Act approved April 18, 1883.) (§ 325.) Sec. 17. No member of said board shall be interested, either directly or indirectly, in an} r contract entered into by them with any other person; uor shall they be interested, either directly or indirectly, in the purchase of any material to be used or applied in and about the uses and purposes contemplated by this act. Any member of said board may at any time be re- moved by a vote of two-thirds of the members elected to the common council of said city for sufficient cause, and the proceed- ings in that behalf shall be entered in their journal; Provided, That the said common council shall previously cause a copy of the charges prepared against such member sought to be removed, and notice of the time and place of hearing the same, to be served on him ten days at least previous to the time so assigned, and opportunity to be given him to make his defense. (§ 326.) Sec. 18. The paving and grading of all streets, alleys or public places, ordered by the common council, shall be done under the supervision of the board of public works, and upon contracts and under specifications to be prepared by such board and aproved by the common council; and all moneys appropriated by the common coun- cil for such purposes shall be expended by the said board, and paid from the appropriate fund provided by the common council therefor. In the erection of public buildings aud paving of streets, and con- struction of sewers, the board shall advertise for proposals to execute the work according to plans aud specifications, and the board may contract with the lowest responsible bidder; Provided, It shall be at their option to reject all proposals made. UWS RELATING TO THE CITY OF DETROIT. 167 BOARD OF PUBLIC WORKS, CHAPTER 15 (g 327.) Sec. 19. Said board shall have power to issue permits Permit to use streets for building and for use of the highways for such purposes, under temporarily. such regulations as the common council may prescribe by ordinance. Before any building shall be used or occupied as a place of amuse- inspection of buildings, etc. ment or for any kind of public gatherings, excepting churches, a per- mit from said board shall be obtained, which shall not be granted un- til said board shall be satisfied that such building is safe in its con- struction for such use, and as to facilities for ingress and egress, in case of fire or accident. Any person using or permitting any build- Penalty for allowing ing to be used for such purpose, without first having obtained such per- building to be used without mit from said board, shall, on conviction, be punished by a fine not ex- P ermit - ceeding one thousand dollars, or by imprisonment not exceeding six months in the Detroit house of correction, or by both fine and impris- onment in the discretion of the court. (§ 328.) Sec. 20. • The offices of street commissioners, over- offices abolished. seers of highways, city surveyor, the board of sewer commissioners, commissioners on plan of the city, and all other officers whose duty is to be performed by the board of public works, are hereby abolished from and after the third Tuesday of January, 1874. (§ 329.) Sec. 21. Said board shall have power summarily to re- Removal of move, or cause to be removed or torn down, all dangerous walls or structures ° liable to fall. other structures that may be liable to fall into any street, alley or public place, or otherwise, so as to eudanger life or property. CHARTER OF THE CITY OF DETROIT. l68rt BOARD OF PUBLIC WORKS. CHAPTER 15 ISSUING OF BONDS FOR CONSTRUCTING PUBLIC SEWERS. An Act to authorize the city of Detroit, county of "Wayne, State of Michigan, to issue bonds for the purpose of constructing public sewers in said city. (I 329«.) SECTION 1. The People of the State of Michigan, enact, That the common council and the board of estimates of the city of Authorized to J borrow money. Detroit, county of Wayne, State of Michigan, be and are hereby author- ized and empowered to borrow money on the faith and credit of said city, and to issue bonds therefor to an amount not to exceed one million dollars, pledging the faith and credit of said city of Detroit for the payment of the principal and interest of the same, which money shall be expended for the construction of public sewers in the said city of Detroit: Provided, That a majoritj r of the qualified electors of the proviso, said city of Detroit, voting at any regular charter election in said city, shall vote in favor of such loan: And provided also. That at any one J Proviso. election the amount so voted shall not exceed the sum of five hundred thousand dollars. (§ 329/'.) Srcc 2. If such loan shall be authorized by a majority of such electors, said bonds shall be issued in such sums, not exceed- bonds. mg the amount hereinbefore limited, and payable at such times and with such rate of interest, not exceeding four per cent per annum, as said com -non council and said board of estimates shall direct, and shall be payable in not less than five nor exceeding fifty years from date. They shall be issued under the seal of the city, signed by the mayor, and countersigned by the controller, and said bonds shall be denomi- IIow denom nated "Public sewer bonds of the city of Detroit/' and shall be regu- inated - CH \kti k OF XHU CIT\' <)!• DETROIT. BOARD O] PI li] U u OK K.S. larlv dated and numbered in the order of their issue, and shall be of such denomination as said common council and said hoard of esti- lOt be sold. mates shall direct. Said bonds shall not be negotiated at less than their par value. ,u er to (§ 329c.) Sec. 3, The controller shall keep an accurate record keep record of bonds. of said bonds, showing the class of indebtedness to which they belong, the number, date, and amount of each bond, its rate of interest, when and where payable, and the person to whom it was issued. The pro- ceeds of said bonds shall be paid to the city treasurer and be credited to the "public sewer fund," and be applied exclusively to the purposes for which said fund is constituted as above. This act is ordered to take immediate effect. Approved June 30, 1891. CHAPTER XVI. BOARD OF FIRE COMMISSIONERS. An Act to create a Fire Commission iu the City of Detroit. Approved March 18, 1801. (J 830.) SECTION 1. The People of the State of Michigan enact, Fire Com- mission con- That all powers and duties connected with and incident to the govern- stitnted. ment and discipline of the fire department of the city of Detroit shall be, as hereinafter more especially provided, vested in and exercised by a board, composed of four commissioners, a majority of whom shall constitute a quorum for the transaction of business. (§ 331.) Sec. 2. ■ There are hereby appointed as such commis- Commissioners and terms of sioners Theodore H. Hinchman, who shall hold his term of office un- office - til the first day of April, eighteen hundred and seventy-one; William Duncan, who shall hold his term of office until the first day of April, eighteen hundred and seventy-two; Lucretius H. Cobb, who shall hold his term of office until the first day of April, eighteei hundred and seventy-three; and Benjamin Vernor, who shall hold his office until the first day of April, eighteen hundred and seventy-four; and every commissioner appointed at the end of said terms shall hold his office for four years, or until his successor is appointed, except in cases of death, resignation or removal; and all successors shall be ap- pointed by the common council on the nomination of the mayor. (S 332.) Sec 3. Any member of said board of commissioners Council may Vi5 ' remove Com- may at any time be removed by a vote of two-thirds of the mem- missIoners - bers elect of the common council of said city, for sufficient cause, and i.aws RELATING TO Till'. CITY OE DETROIT. Chapter 16 boar fire commissioners. the proceedings in that behalf shall be entered on the journal: Pro- vided, That the said common council shall previously cause a copy of the charges preferred against such member sought to be removed, and notice of the time and place of hearing the same, to be served on him ten days at least previous to the time so assigned, and opportuni- ties he given him to make his defense personally and by counsel. Qualification (g 333.) Sec 4. Immediately after their appointment, such com- of C ommission- ' r missioners shall meet in the office of the city controller of the city of Detroit, and rile with the controller the oath of office prescribed for the city officers, and the controller shall give to each a certificate of appointment for the respective terms of office aforesaid. Organization (§ 334.) Sec. 5. Said commissioners, on being qualified, shall of Board. meet and organize by electing one of said commissioners to be presi- dent, and appointing a person to be secretary; whereupon they shall possess and have the power and authority conferred upon or possessed by any and all persons in the city of Detroit for the prevention and extinguishment of fires, and to the exclusion of all such persons, to- gether with such other powers and duties in said city as are herein- after conferred. „ (S 335.) Sec. 6. Such commissioners shall take and have, as Powers and " ' name o Board. p rovi( i e( j D y tliis act, control and management of all officers, men, property, measures, and action for the prevention and extinguishment of fires within the said city, to be organized as herein provided, and to be known as the " fire commission of the city of Detroit." To have entire (§ 336.) Sec. 7. The said fire commission is hereby empowered control of the extinguishment an( j directed to possess and exercise fully and exclusively all the powers and perform all the duties for the government, management, maintenance, and direction of the fire department of the city of De- troit, and the premises and property thereof, which at the time of the organization of said commission were possessed by or under the con- LAWS RELATING TO THE CITY OF DETROIT. 171 BOARD OF FIRE COMMISSIONERS. CHAPTER 16 trol of the common council of said city, and the officers of the fire de- partment of said city or the officers or employes of said city; said powers and duties to be performed and exercised and said property used in the said city or otherwise, as hereinafter provided. And the said commission shall hereafter have sole and exclusive power and authority to extinguish fires in said city of Detroit, and all acts con- ferring upon any other officer and officers any power in relation to extinguishment of fires in said city, are hereby repealed. (§ 337.) Sec. 8. It shall be the duty of the board of commis- Board to pro- sioners, subiect to the provisions of this act, to provide in and for said vicle a11 ' necessary city all needed supplies, horses, tools, implements, engines, and ap- appara l paratus of all kinds for the extinguishment of fires; to provide fire telegraphs, to select suitable locations for engine-houses, reservoirs, and fire-hydrants, and to buy and sell the same in their discretion; and also to construct, repair and maintain engine-houses, reservoirs and fire-hydrants, as they shall judge best, when, and so long as the con- struction, repairs, and maintenance thereof are not otherwise by law committed to another board, and to take all such actions in the prem- ises as may be necessary and proper for carrying into effect the duties herein required. (g 338.) Sec. 9. The commission hereby created is hereby em • To control all powered and directed to possess and exercise full and exclusive power taining to fire department. ;tnd discretion for the government, management, and direction of the several buildings, premises, and property, and appurtenances thereto, and all apparatus, hose, implements, and tools of any and all kinds, which, at the time of the appointment of the commissioners aforesaid, shall be under the charge and control of any and all city officers, or officers of the fire department in said city, for the use and benefit of the fire department of the city of Detroit; and it shall be the duty of any and all persons in possession of any property, real or personal 172 LAWS RK1.AT1.W. TO Till- CITY OF DlvTkoiT Chapter 16. BOARD OI iiki COMMISSIONERS, \ it ion of office. Annual financial estimate. Name of fund. belonging to or set apart tor, or in use by or for the Are department of said city, to deliver the same to the possession and control of the said commission. (ij ;!:>!).) Sec. 10. Any one of said commissioners shall be con- sidered as vacating his term of office in the event of his accepting or holding any political office, and any commissioner who shall, during the term of his office, be publicly nominated for any office elective by the people, and shall not decline the said nomination within ten days succeeding notice of the same, shall in either case be deemed to have vacated his office. (§340.) Sec. 11. It shall be the duty of the commissioners to prepare and submit to the common council on or before the first day of May in each year, an estimate of the whole cost and expense of providing for and maintaining the fire department of said city, within the current fiscal year, which estimate shall be in detail, specifying the objects of expenditure, the sums desired for each, and the reasons for the same. Such estimates, or so much thereof as the common council shall approve, shall be submitted to the approval of the citi- zens of said city, at a meeting required by law for the approval of certain annual taxes voted by said common council; and so much of said estimates as shall be approved by said citizens' meeting shall be placed upon the general or other proper assessment rolls, and shall be assessed, levied, and collected the same as other city taxes. Said money, when collected, shall be paid into the city treasury, and shall be styled the "Detroit fire commission fund," and shall be drawn out therefrom for the purpose of said commission. Under the fiscal regu- lations established by this act, the city treasurer, for the time being, is hereby appointed treasurer of the fire commission board, who shall, on check or voucher, duly disburse said fund by order of such com- missioners, for the purposes of this act, and pay over to the treasurer LAWS RELATING TO THE CITY OF DETROIT. 173. BOARD OF FIRE COMMISSIONERS. CHAPTER 16 appointed by said commissioners for disbursement under their direc- tion. (§341.) Sec. 12. All moneys hereafter to be paid to auy person Money paid only on or persons out of the fire commision fund shall be certified by the warrant. president or acting president of said commission to the secretary, who shall draw his warrant on the treasurer therefor, stating therein the fund to which it is chargeable and the person to whom payable; and such warrant shall be countersigned by the president, or in his ab- sence by the acting president of the fire commission; and the city treasurer shall pay such warrant. Board to furnish (§ 342.1 Sec 13. Said commissioners shall provide such offices offices, etc. and business accommodation for the transaction of their business, and that of their subordinates, in said city of Detroit, as shall be neces- sary. They shall have the power to select a chief and one or more as- Chief and assistant sistant engineers, together with engineers, foremen, drivers, pipemen, ensineers - firemen and such other officers as may be necessary for the efficient salaries. working of said department, and to fix their salaries; Provided, That Proviso. the number of men to each fire engine or hook and ladder company shall not exceed twelve, who shall discharge such duties as may be designated, and be at all times under the control of and subject to re- moval by said commissioners. (As amended by Act approved March 15, 1882.) (§ 343.) Sec 14. The aforesaid officers and men, with their Fh-edepart- ment to have apparatus of all kinds, when on duty shall have the right of way go- right-of-way. ing to and at any fire, or in any highway, street or avenue, over any and all vehicles of any kind, except those carrying United States mail; and any person in or upon, or owning any vehicle, who shall refuse the right of way, or in any way obstruct any fire apparatus or any of Said officers while in the performance of duty, shall be guilty of a misde- meanor, and be liable to punishment for the same. ■74 CAWS RELATING TO THE CITY <>F DKTROIT. Chapter 16. IOARD 01 l-'l K I' i OMMISSIONERS. All proper! j i" bo transferred (ij 344.) Sec. L5. On and after the organization of the commis- 1 Bion, all real estate, lire apparatus, hose, implements, tools, bells and bell towers, tire telegraph, and all property of whatever nature then or therefor in use by the firemen, or fire department of the city of Detroit, belonging to said city, shall be transferred by all persons hav- ing charge of the same to the keeping and custody of the fire com- missioners hereby created, and for the use thereafter of said commis- sioners; but the said property shall remain the property of the mayor, aldermen and common council of the city of Detroit, subject to the public uses of the said commissioners, as aforesaid, and for the purposes provided by this act. No compensa- tion to Com- missioners. (g 845.) Sec. 16. Said commissioners shall receive no compen- sation whatever for their services, but all persons employed by them as firemen shall be exempt from military and jury duty w 7 hile so em- ployed. Legal rights and powers. Cisterns, etc. transferred to Board. (§ 34G.) Sec, 17. The commission hereby created may adopt a common seal and direct its use, and in the name of its president may institute and maintain suits and proceedings at law and in equity, and may pay any costs, expenses or judgments therein, for the enforce- ment of its rights and contracts, and for the protection, possession and maintenance of the property under its control; and may also, in like manner, sue for, and have exclusive right to recover, the fines and penalties mentioned in or imposed by the city ordinances for the more effective prevention of fires and the better protection of life and property in the city of Detroit; and all sum recovered shall be for the benefit of the funds of said commission. (§ 347.) Sec. 18. All cisterns and fire-hydrants belonging to or now in use by the fire department of the city of Detroit, are hereby transferred to the control of said commission; and it shall be com- petent for said commissioners at any time, in their best judgment, to LAWS RELATING TO THE CITY OF DETROIT. 175 BOARD OF FIRE COMMISSIONERS. ClIAI'TER 16 send any steam fire or other engine, with hose and apparatus, to the relief of any community in the vicinity of said city. {', 348.) Sec. 19. The office of fire marshal, as now existing in Power to send assistance to said city of Detroit, is hereby declared to be abolished from and after fires in vicinity, the organization of said commission, and the duties thereof transfer- red to the person who shall be designated therefor, as provided in section fourteen (26) of this act. ( 349.) Sec. 20. All acts and parts of acts contravening the office of Fire Marshal as now provisions of this act are hereby repealed, but such repeal shall not existing abolished. take effect until the actual organization of the commission hereby created; And provided, That nothing herein contained shall affect the rights of the corporation known as the fire department of the city of Detroit, organized January twentieth, eighteen hundred and forty, tinder its act of incorporation, and acts amendatory thereof. (2 350.) Sec. 21. Said board shall have power to adopt such Contravening . i /. acts repealed. rules and regulations for the government of the force created by this act, as they shall deem fit and proper, not inconsistent with the laws of this State, and the violation of such rules and regulations shall be sufficient and good cause for dismissal from the force. (§ 351.) Sec. 22. The board of commissioners shall, on or be- Rules, etc., for government of fore the first Monday in April in each year, report, in writing, the *° r ce to be made by Board. condition of the fire department within the said city to the common council, together with a list of fires, alarms, losses and insurances on all property destroyed during the year. (§ 8o2.) Sec. 23, The common council of Detroit is hereby em- Annual report. powered and directed annually to order and cause to be collected and raised by tax upon the estates, real and personal, subject to tax- ation according to law, within the said city of Detroit, the sums of money, as aforesaid, annually estimated for the said total expense of the said fire department, authorized by this act. 1-6 CAWS RELATING TO THE CITY OF DETROIT. Chapter IS. board ok fiue commissioners. Counciltoorder | 353.) Sec. 24. The books and accounts kept by said board U\ j and col* 1 " x shall at all times be subject to the inspection of the mayor and con- fer l- ire troller; and the common council may, at any time, require any infor- mation respecting the same, the disclosure of which will not impair the usefulness and efficiency of the fire department. (§ 354.) Sec. 25. This act shall take immediate effect. (8 355.) Sec. 26. The board of fire commissioners shall nomi- Books, etc., open to nate, and by and with the consent of the common council, appoint a inspection. fire marshal and such assistants as may be by them deemed necessary, and determine their salaries. Said fire marshal shall act under di- rection of the fire commission; shall hold office at their option, and his salary shall be paid from, the fire department fund. The fire marshal shall, by virtue of his office, be vested with the powers of policemen in said city. (As amended by Act No. 364, session laws of 1877.) Fire Marshal (§ 356.) Sec. 27. The fire marshal shall be present at all fires appointment of, etc. in said city, if practicable; shall, when necessary, make recommen- dations of precautionary measures for the prevention of fires; shall prevent the transportation and storing within the city limits of all explosive oils, naphtha, benzine, or their products, under whatever name; fireworks, fire-crackers, powder, nitro-glycerine, dynamite, or any other dangerous substances, excepting only in such quantities as the common council may by ordinance designate; and he shall en- force all ordinances governing the same, and the cleaning of chim- neys, and perform such other duties as the fire commission may di- rect. (As added by Act No. 364, session laws of 1877.) (g 357.) Sec. 28. The fire commission shall have power, sub- Certain duties. . ect tQ ^ ap p rova i f the common council, to agree with all persons interested in private property as to the compensation for taking or using the same for public use or benefit by said board. And in case LAWS RELATING TO THE CITY OF DETROIT. 177 HOARD OF HIRE COMMISSIONERS. CHAPTER 16 no agreement can be entered into, the board shall report the facts to the common council, together with a description of the property- necessary to be taken, aud the purposes for which it is to be used; and thereupon the common council may direct the city attorney to insti- tute proceedings in the recorder's court of said city to condemn said property. (As added by Act No. 364, session laws of 1887.) {\ 358.) Sec. 29. Whenever any person or corporation shall be Erection, etc., desirous of erecting or altering any building within the fire limits of of buildings within fire said city, he or they shall make application at the office of the fire limits - marshal for a permit for that purpose, and shall furnish for the ex- amination of said marshal a written statement of the proposed location, the dimensions, the manner of constructing the proposed building or alteration, the material to be used, the estimated cost, and the con- tract time for completion. It shall be the duty of the fire marshal, on receiving such application, to inspect such location, the plans and specifications, and to fully examine the question of granting such permit. And if he shall be satisfied that the building or alterations proposed will comply with the ordinances of the city, and that the erection of the same will in every other respect be proper, he shall, subject to the approval of the board of fire commissioners, give such applicant a permit therefore; and such applicant shall pay to the^ en " itand fire marshal the sum of one dollar, if the estimated cost of said build- ing or alteration shall be less than one thousand dollars; two dollars if it shall be more than one thousand dollars and less than five thous- and dollars; and for every additional one thousand dollars over five thousand dollars the further sum of twenty cents. (As added by Act .No. 304, session laws of 1877.) (§359.) Sec. 30. It shall be the duty of the fire marshal to PowersancI ... duties of Fire visit and inspect each house or building which may be in the course Marshal rela- tive to build- of construction, erection or alteration within the fire limits of said '"£* in course ot erection, etc. city, and to see that such house or building is being erected, con- 17 s CAWS RELATING TO Tin; CITY OF DETROIT. Chapter 16 hoard or firi commissioners, structed or altered according to the provisions of the city ordinances and the permit so granted, and in a manner adapted for the security thereof against fires, and the safety of the occupants. Jlis visits of inspection may be repeated from time to time until such house or building is completed, when lie shall furnish the owner or contractor with a certificate that said house or building is in all respects eon formable to law and properly constructed, and all such certilicates shall be countersigned by the president or acting president of the fire commission. The lire marshal shall have power to stop the erection, repair or alteration of any building or shed until a permit is given, or during the progress of the work, if the same is not deemed safe, or if it does not in all respects comply with the laws and ordinances gov- erning the same. He may also cause the removal or repair of any building, shed, smoke-stack, chimney/, boiler, stove or other beating appliance that is not considered safe, or that does not comply with the ordinances. (As added by Act No. 3G4, session laws of 1817.) (§ 360.) Sec. 31. It shall be. the duty of the fire marshal to ex- Fire Marshal to examine amine into the cause, circumstances and origin of all fires occurring into origin of testimony aiui in said city by which any building, erection, vessel or valuable per- sonal property shall be accidentally or unlawfully burned, destroyed or damaged, and to especially inquire and examine whether such fire was the result of carelessness or the act of an incendiary. The said fire marshal shall take the testimony, under oath, of all persons supposed to be cognizant of any facts connected with such fire; such [said] testimony shall be reduced to writing, and shall be transmitted to the board of fire commissioners, together with a report by the fire marshal, embodying his opinions and conclusions regarding the same. The fire marshal shall also report to the superintendent of police, to the prosecuting attorney of Wayne county, to the Detroit board of underwriters, and to the owners of the property or other persons in- terested in the subject matter of such investigation, any facts or cir- CAWS RELATING TO THE CITY OF DETROIT. 179 BOARD OF FIRE COMMISSIONERS. CHAPTER 16 cumstances which he may have ascertained which shall, in his opinion, require attention from or by any of said officers or persons. (As added by Act No. 864, session laws of 1877. i (S 361.) Sec. 32. It shall be the duty of the fire marshal to in- „. w , , v ° ' J Y ire Marshal spect, from time to time, all buildings, warehouses, shops, yards and warenousesletc! places in said city for the purpose of enforcing the ordinances for the prevention of fires, the protection of hoistways, the protection of life, and the inspection of chimneys; and in the performance of such du- ties he shall have the right to enter into and upon private property, May enter upon private and any person who shall refuse or obstruct such right of entry shall property. be deemed guilty of a misdemeanor. (As added by Act No. 364, ses- sion laws of 1877.) (S 362.) Sec. 33. The common council may, on the recommen- „ V • discharge of person in the employ of the said commission who may hereafter be totally disabled in the discharge of his duty, as such fireman for duty, may in a like manner be placed on the list of retired firemen. And all such retired firemen shall receive a sum equal to one-half of their Retired firemen, annual salary paid them at the time of their retirement, annually how to be paid, thereafter, to be paid in twelve monthly payments during the re- mainder of their natural lives, such moneys to be collected and paid in the planner hereinafter provided; Provided, however, That ho per- Limitations, son so retired shall receive more than four hundred and fifty dollars per annum; And ^provided further, That said commission may place jim the list the name of persons who become totally disabled in the employ of said commission prior to the passage of this act. (§368.) 8ec. 2. In case any person in the employ of the fire Pensions to families of -commission of said on\mis>iou be paid a pension. The widow or de- P.i\ ment of SThommade pendant mother shall receive the sum of three hundred dollars an- nually in equal monthly payments of twenty-five dollars each during the term of her natural life or until she remarries, in which case all payments of moneys under this act to such widow or dependent mother shall cease. In case of the death of such widow the same amount shall be paid to such children as shall be under the age of sixteen years at the time of the death of said widow; the money to be equally divided among such children according to the number. In case such deceased person shall leave no widow, but one or more children, such child or children shall receive in equal proportion according to the number of such children, the same amount as would have been paid to the widow, such payments to be made monthly as hereinbefore provided and to continue until such child or children shall attain the age of sixteen years respectively. In case of the death of one or more of the children their share of such pension shall be paid to the sur- vivor, or survivors provided they are under the age of sixteen years. The money for the payment of such pensions shall be collected and paid in the manner hereinafter provided. It is provided that the said commissioner and controller may continue on the list of names of four widows whose husbands died from effects of injuries received in the line of their duty prior to the passage of this act. And provided further, That the said commissioner and controller may continue on the list the names of four children whose father died from the effects of injuries received in the line of his duty prior to the passage of this act, until such children shall attain the age of sixteen years respectively. (As amended by Act approved May 5,. 1891. LAWS RELATING TO THE CITY OF DETROIT. l8j BOARS OF FIRE COMMISSIONERS. CHAPTER 16 (t$ 369.) Sec. 3. Whenever any persons are placed on the re- Commissioner to report to tired list, as provided in this act, it shall be the duty of the lire com- Clty Controller - mission to promptly report its action to the controller of the city of Detroit, giving the names of the persons retired, together with a full statement of facts connected with the retirement of such pers.in or Controller to persons. It shall be the duty of the controller to register the names keep register. of such persons as being retired firemen of the fire department of the city of Detroit, and as hereinafter provided, pay them the moneys due them under this act. (§ 370.) Sec. 4. There shall be kept in the office of the fire ^ . . ° ' r Commissioners commissioner by the secretary, a book to be known as the list of re- r etireTfiremen, date of retire- tired firemen. This book shall give a full and complete history and ment, etc. record of the action of the lire commission in retiring any and all per- sons under this act; such record to give the names, date of joining the department, date of retirement, and the reason therefor, if any, and all persons retired. When the widow or children or dependent mother or either of them shall be entitled to a pension as hereinafter provided, such widow or children or dependent mother shall make application for a pension to the fire commission through the secre- tary of such commission, on a form to be provided by such commis- sion. Accompanying such application shall be the proof of the mar- riage of the deceased to the widow claimant, such proof to be estab- lished by the marriage certificate or other competent evidence of the marriage relation. Proofs of the births of the children shall be shown by the certificate of the attending physician. The proof of the dependency of a mother shall be shown by the affidavit of such mother and two disinterested persons. All applications and proofs shall be retained in the custody of the fire commission. Whenever such applications for pensions are allowed by the fire commission, due notice of such action, with the names of all the pensioners shall be given to the controller of the city of Detroit, who shall cause such iSj l.wvs RELATING TO Pin CITV <>:■ DETROIT. Chapi i k 16. BOAK HKCMMMIS'.lllMKS. persons to lie registered in his office as pensioners of the fire depart- ment of the city of Detroit. (As amended by Act approved May 5, 1891.) Estimates to be submitted bj Controller to Common Council. Tax to be levied. Fund to be established. (§ 371.) Sec. 5. On or before the first day of April in each and every year, the controller shall submit to the common council his es- timate of moneys necessary to pay such retired firemen and pension- ers as shall be entitled to moneys under this Act, for the fiscal year beginning on the first day of July succeeding the first day of April; and the common council shall appropriate and cause to be levied and collected by, taxation such sum of money as shall be required to make the payments provided for by this act. It is further provided, that in his second and all subsequent estimates, the controller shall include a sum equal to the amount of worthless taxes charged back to the fund provided by this act at the end of the preceding fiscal year. All moneys collected under this act shall be placed to the credit of " fire department retired and pension fund," and if at any tim^ the cash balance shall not be sufficient to pay matured claims, the controller is authorized to borrow such further sum as shall be required, provided that such amount shall not exceed the uncollected appropriation. Payment, how made. (§ 372.) Sec. 6. At the last meeting in each and every month the fire commission shall order the payment of moneys due all per- sons under this act. A voucher shall be prepared for the payment of each person emitled to moneys, the correctness of the same to be duly certified to by the chairman of the finance committee of the fire commission, and the fact of the allowance of the claim duly attested by the president. The secretary shall then draw his warrant on the controller for the payment of such moneys. The warrant shall be countersigned by the president of the fire commission, and shall state the object for which it is drawn. Upon presentation of the warrant to the controller, he shall draw his warrant on the city treasurer for UWS RELATING TO THE CITY OF DETROIT. 185 BOARD OF FIRE COMMISSIONER?. CHAPTER 16 the amount of the original warrant, the same to be paid from and charged to the " fire department retired and pension fund." (§ 373.) Sec. 7. Before issuing any warrant for the payment of Pensioners to take oath. a pension, it shall be the duty of the secretary of the fire commission to examine under oath all pensioners, with a view to ascertaining if they are at that time entitled to a pension as provided for in this act, And whenever the said secretary shall learn that any person has ceased to be entitled to a pension as herein provided for, he shall record the fact on the roll of pensioners and promptly notify the con- troller of such disability, and such person shall be thereupon dropped from the rolls. (§ 374.) Sec 8. All payments under this act shall be made on Time of payment. the first secular day in each month; but when any claims for pensions are allowed after the first day of April in each year, there shall be no payment, until after the beginning of the ensuing fiscal year; Pro- vided, however, That the first payment shall be for the period inter- vening between the date of the allowance of such pension and the date of making such first payment; Provided, further, Nothing in this act shall in any way make the State liable for the payment of f^fe" 01 an}' moneys herein provided for. (§ 375.) Sec 9. All acts or parts of acts inconsistent with this' act are hereby repealed. (Approved June 1G, 188.").) CHAPTER XVII. BOARD OF HEALTH. An Act to provide for the establishment of a Board of Health for the City of Detroit. (Act approved May 26th, 1881.) (§ 376.) SECTION 1. The People of the Stale of Michigan enact, Members of That there shall be appointed by the common council of the city of Detroit, on the nomination of the mayor, on the third Tuesday of June, 1881, three persons, electors and practicing physicians of said city, who shall be and constitute, together with the mayor, controller and president of the metropolitan police commissioners of said city, a board of officers of said city, to be known and designated as the De- troit " board of health." The mayor, the controller and the president of the metropolitan police commissioners shall be ex officio members of the said board of health. The three physicians first appointed shall Terms of hold their offices for the terms of one, two and three years respec- tively, from July first, eighteen hundred and eighty-one; and an- nually, after the year eighteen hundred and eighty-one, on the third Tuesday of June, a member of said board, with like qualifications, shall be appointed, on the nomination of the mayor, for the term of three years. Vacancies in said board shall be tilled in the same manner Vacancies. that appointments are made as herein provided for. The board of health thus constituted, for the purposes of organization and manage- Powers and ment of its departments, shall have all the authority of other hoards To appoint in s;iiil city and ordinarily pertaining to such bodies, and also to ap- Health officer point a secretary as an executive officer, who shall be known as the [88 LAWS Kl l.XllNC. TO THK CITY OK DETROIT. Chapter 17. HilAKli ill 111- XI III. Merab( Board to re- ceive no com- pensation. Salary of Health Officer. health officer nf said city. Ihe health officer shall bo selected with special reference to his knowledge of chemistry, hygiene and sanitary matters, and shall devote his whole time to the sanitary condition of the city and other duties as prescribed or required by said board. Said health ollicer may be removed from office by the board of health, two-thirds of the members thereof voting for such removal. (§ 377.) Sec. 2. The members of the said board of health shall serve without compensation, but the health officer shall receive an annual salary uot exceeding three thousand dollars ($3,000), as may be determined by the common council of said city. To report estimates. Council to raise money for expenses and pass ordinances. To nominate City x J hysicians Reports. (§ 378.) Sec. 3. The said board on or before the first day of March of each year, shall report to the controller, to be by him trans- mitted, as other estimates, to the common council, an estimate of the amount of money necessary to defray the expenses of said board in preserving the health of said city during the ensuing fiscal year. The common council shall have the power to raise by taxation the amount so estimated, or any such part thereof as may be approved each year, in the same manner as other general taxes are levied and collected. The common council shall also have full power to pass and enforce all needful ordinances for the regulation of the sanitary condition and preservation of said city. (§ 370.) Sec. 4. The city physicians of said city shall be ap- pointed by the common council, on the nomination of the board of health, on the third Tuesday of June, after the year eighteen hundred and eighty-one, and shall in all matters of public health and sanita- tion, co-operate with and be subject to said board of health. {§ 380.) Sec. 5. On the first day of July in each year, and at all otner times when required by the common council, the said board shall present to the said council a report of their operations during LAWS RELATING TO THE CITY OF DETROIT. 189 BOARD OF HEALTH. CHAPTER IT the year, with such information and recommendation as may be deemed important and necessary. (§ 381.) Sec. 6. From and after the second Tuesday of January, city Physicians to be confirmed eighteen hundred and eighty-two, all power herein delegated to the by City Council common council, relative to the confirmation of members of said board, shall be exercised by the city council of said city. (Ordered to take immediate effect. Approved May 26, 1881.) I go Ch u'i i r i ;. LAWS RELATING T<> THE CITY OB DETROIT. ROAR HEA1 in. Board, how constituted. \< r ro i'i:n\ mm, hii; ami CONFIRM THE BOARD OF HEALTH, ETC. An Art to provide for and confirm the board of health for the city of Detroit, and prescribe its powers and duties. (Approved May 25, 1893.) 182.) Section 1. The People of the State t>f Michigan enact, The board of health of the city of Detroit shall consist of six mem- bers, three of whom shall be residents and practicing physicians of said city, and shall continue to be appointed as now provided by law; the other three shall be as now, the mayor, controller, and president of the metropolitan police commissioners of said city, which last three shall be ex-officio members thereof, and each of the six mem- bers shall have power to vote. The said board shall be known and distinguished by the name and style of "the board of health of the" city of Detroit." Said board shall have the powers and authority as now prescribed by law, unless otherwise herein provided, and shall have the power to elect or appoint a president, a health commissioner a health officer, a special sanitary inspector, a food inspector, a meat inspector, a milk inspector, a plumber and sanitary inspectors and such clerks and subordinates as may be from time to time required. Health Com- The health commissioner must be a graduate in medicine of at least nii.s*ioners. ten years standing, and shall be selected with special reference to his business and executive abilities, as well as his knowledge of hygiene, and sanitary science. He shall be at the head of the health depart- ment and shall have the management and control of all matters per- taining thereto, under the supervision of the board of health, and shall be appointed for a period not less than one nor more than six years, as may be determined by the board, and until his successor Power to appoint officers, clerks, etc. LAWS RELATING TO THE CITY OE DETROIT. igi HOARD OF HEALTH. CHAPTER 17 shall be appointed and qualified. The president of the board shall have general charge of the work until the appointment of the com- missioner. The health officer shall be a graduate of medicine of at Health Officer, least five years standing, and shall be selected with special reference to his knowledge of chemistry, hygiene, and sanitary science, and shall be appointed for a term of not less than one nor more than three years, in the discretion of the board. The special sanitary in- Special Sam- * ' L J tary Inspector. spector shall be a graduate of sanitary engineering or shall possess in the judgment of the board equivalent qualifications. The food, Food, meat. milk and sani- meat, milk and sanitary inspectors shall possess such qualifications as tary ins P ectnrs will adapt them for such particular work, and the sanitary functions sanitary functions of of the police of the police of the city of Detroit are hereby abandoned police abolished and dispensed with, and the same shall hereafter devolve upon the sanitary inspectors. The plumber shall pass an examination before plumber, a board of examiners to be appointed by the said board of health previous to the said plumber's appointment. The board of health Boart j sna u shall prescribe the powers and duties and determine the annual salary duties and fix salaries. and compensation of each and all herein referred to. The appoint- ments herein provided for may be made immediately on or before ^Senmade? S ' July first, eighteen hundred and ninety-three, and thereafter an- nually, or when terms expire, or when vacancies occur, and all ap- pointments shall be by vote of not less than two-thirds of the board, and all appointees, unless their terms are fixed at the time of their appointments, shall be removed at pleasure on a vote of two-thirds of the board. (§ 383.) Sec. 2. The plumbing, drainage and ventilation of all Plumbing', public and private buildings, manufactories, etc., as well as private dra '", a ^? ) an 4 dwellings and business places, shall be subject to the control and ap- subject to con- trol and ai) proval of the said board of health, who may make and promulgate proval of board. rules and regulations respecting the same, and a willful violation thereof shall be a misdemeanor subject to a fine of not less than two [9 2 i.\\\S RELATING TO THE OTY OF DETROIT. , .. ...... ,. i ; BOARD i 'l III \l I'll. ,n- more than twenty-five dollars, or imprisonment not exceeding thirty days, or both, in tin' discretion of the court having jurisdiction of the same, and the said board shall also have power to enforce its regulations by making such changes, alterations or improvements as it may deem necessary, at the expense of the owner or agent or trustee or corporation so refusing to comply with the requirements of the board. °1 sof drain- (§ B84:.) Sec. 3. Plans of all drainage, plumbing and ventila- fiied' with and tion of schools and other public buildings and factories, shops or approved by Board, salesroom, and places of like character, where two or more persons are employed, and the drainage and plumbing of all private build- ings shall, when in process of repair or erection, be submitted to the said board of health for its approval, and placed on file with said board, which may require like plans in its discretion, of similar build- ings already erected. (§ 385.) Sec. 4. It shall be the duty of every person engaged in re^iste 6 / 5 mUSt tlie business of plumbing or house drainage in the city of Detroit to register his name and place of business in a book provided for that purpose at the health office, on or before the first day of July, eigh- teen hundred and ninety-three. It shall not be lawful for any person to work at, engage or carry on the trade of plumbing in said city unless his name and proper address be registered, and all not regis- tered as above will require thereafter to pass an examination before a board of three examiners appointed by the board of health. It shall also be the duty of every such person to display at his place of busi- ness, in a conspicuous place, a sign with full registered name, and Sign of "Regis- words "register plumber." And the violation of this section shall ter Plumber" to be displayed. CDns titute a misdemeanor punishable in the same manner as herein- before provided in the case of misdemeanor. LAWS RELATING TO THE CITY OF DETROIT. 193 BOARD OF HEALTH. CHAPTER IT (g 886.) Sec. 5. It shall be the duty of the coroners of Wavne Coroners to " make monthly county, before the tenth day of each month to make a monthly report re l >orts - to the board of health of the inquests held by them respectively dur- ing the previous month, with a full description, so far as may be, of the age, sex, color, nationality, and cause and mode of death of the subjects of such inquests and such other particulars as the board may from time to time require, for the purpose of identifying such de- ceased persons; and in each case where an analysis is made for poi- son, a detailed report of such analysis shall be furnished and filed with said board of health in writing within ten days thereafter by the expert making such analysis. (8 387.) Sec. 6. The board of public works of the city of Detroit Board of Public shall in all matters pertaining- to public health and sanitation act under w ° rks to act 1 c * under direction the advisement and control of the board of health. Health! (§ 388.) Sec. 7. It shall be the duty of the county clerk to re- County C | erk ii i i i p , i , i . to make reports port monthly to the board of health each marriage contracted in the of marriages. city of Detroit, giving the full name, age, color, occupation, birth- place and legal residence of each person married, and the date of such marriage. (§ 339.) Sec. 8. It shall be the duty of each physician, accou- Duty of cher, midwife, or other person in charge, who shall attend or assist at Physicians, " Midwives, etc. the birth of any child within the city of Detroit, to forward a report to ie P orc - to the board of health of said city within forty-eight hours after such birth, stating distinctly the date of birth, the sex and color of the child or children born, its or their physical condition (whether still born or not), the full name, nativity and residence of the parents and the maiden name of the mother of such child or children, and any such physician, accoucher, etc., who shall fail to report as herein re- quired shall be punished by a fine not to exceed twenty-live dollars, or by imprisonment in the county jail not more than ninety days, or by both such tine or imprisonment, in the discretion of the court. ui| i.wvs RELATING TO THE CITV OF DETROIT. I'll W 1 II II II. ROARD-OF HEALTH. Public dis- (8 890.) Sec. 9. A.U public dispenBarieB, asylums, infirmaries, pensanes, r J to report. etC-! hospitals, schools, theaters, and all public institutions and places of public resort, and their managers, officers, lessees and occupants shall report in writing when required by the board of health, tinder its. rules and regulations, such information, as may, in the judgment of the board be needed for the better discharge of its duties in said city. ' ,v,msof r (§391.) Sec. 10. The terms of the present officers, clerks and' present omcers " ' joth^is'j',; " 3 employes of said board shall expire and their offices declared vacant nat later than July tenth, eighteen hundred and ninety-three. Extraordinary ^g $Q2.) Sec. 11. In case of pestilence or epidemic disease, or of pestilence, of danger from anticipated or impending pestilence or epidemic dis- etc. ease, or in case the sanitary condition of the city should be of such a character as to warrant it, it shall be the duty of the board of health to take such measures and to make such appointments, and to do and order and cause to be done such acts for the preservation of the pub- lic health (though not herein or elsewhere otherwise authorized) as they may in good faith deem the public safety and health to demand. Power totax (§ 393.) Sec. 12. The common council and the board of estimates for maintenance of Board. shall annually include in their final estimate a sufficient sum of mon- ey for the maintenance of the board of health in performing the du- ties and obligations imposed by law on said board, and which sum shall be raised by tax, and constitute the '' Detroit board of health Fnieaith'fund find." The city treasurer is hereby appointed treasurer of said board of health, and shall on check or voucher pay out from time to time from said fund as may be required by said board of health. (Ap- proved May 25, 1893.) I.AWS RELATING TO THE CITY OK DETROIT. 195 BOARD OF HEALTH. CHAPTER 17 INSPECTION OF MILK. An Act to prevent the sale of impure, unwholesome, adulterated, or swill-milk, iu the State of Michigan, and to pro- vide for inspectors. (S 394.) Section 1. The people of the State of Michigan enact, vs ; r J & Unlawful to That it shall be unlawful for any person to sell, or expose for sale, m i 1 ] 1 k impure ' within the State of Michigan, any unwholesome, watered, adultered or impure milk, or swill-milk, or colostrum, or milk from cows kept upon garbage, swill, or other deleterious substance, or from cows kept in connectiou with any family in which there are infectious dis- eases. (§ 395.) Sec. 2. Any person who. shall violate any of the pro- PenaItv visions of the preceding section shall be punished by a fine not to ex- ceed one hundred dollars, or by imprisonment not to exceed three months, or by both such fine and imprisonment, in the discretion of the court. Police Com- mission to appoint an inspector. (§396.) Sec. 3. It shall be the duty of the metropolitan police com- missioners of the city of Detroit, by and with the consent and advice Appoint of the board of health of the city of Detroit, to appoint an inspector, who shall be a person of previous practical experience. Said inspec- tor may be created captain, sergeant, or roundsman of the said police force of the city of Detroit, at the option of the board of metropolitan police commissioners. it? 397.) Sec. 4. It shall be the duty of said inspector toper- Duty of milk Bonally view, so far as possible, all milk exposed for sale in said city, inspector, and to visit all dairy house-, barns, or stables in said city, or the coun- ty of Wayne, to inspect the same, and the animals held therein, and 196 LAWS RELATING TO THE CITY OF DETROIT. VTl Vl'll K 1 I. HOARD OF HEALTH, to visit all pla> es where milk is kept or exposed for sale in the city of Detroit, and to inspect and ascertain the condition of said milk. lie may detail any patrolman of said city to assist him in the per- formance of any or all of the duties enjoined on him by this act; Pro- vided, always, That said inspector and any policeman so detailed shall always be subject to the provisions of the law establishing and governing the metropolitan police of said city. inspector to (§398.) Sec. 5. It shall be the duty of said inspector, or of his make com- assistant, to make complaint iu writing before a police justice of said city of every violation of this act coming to his knowledge. Each sale a ($399.) Sec. 6. Each and every quantity of milk sold, or ex- separate offense posed for sale, contrary to the provisions of this act, shall constitute a separate offense. Penalty for (g 400.) Sec. 7. Any person who shall refuse to permit the refusing v ° ' J * x said inspector, or his assistant, to perform his duty under this act either by refusing him entrance to his premises or by concealing any milk, or refusing to permit any milk or animal, or premises wherein the animals are kept, to be viewed and inspected as herein provided, or by in any manner hindering or resisting any said inspector or as- «». sistant inspector, in the performance of his duty, shall be guilty of a misdemeanor, and punished therefor. Sec. 8. Omitted. Not applying to Detroit. (As amended by Act No. 246, approved June 25, 1887.) CHAPTER XVIII. BOARD OF POOR COMMISSIONERS. An act to provide for and establish a board of poor commissioners in the city of Detroit. (Approved April 10, 1883.) § 401.) SECTION 1. The people of the State oj Michigan enact, Board, how- There shall be established in the city of Detroit a board of four poor constituted, appointment of commissioners, who shall be appointed by the city council on the tom^wers, etc. nomination of the mayor, and whose term of office shall be for four (4) years. They shall have full charge and control of all poor apply- ing for public aid within the city of Detroit, and shall appoint a secretary, a superintendent of the poor, and such other officers or em- ployes as they may deem necessary for the proper operation of the poor department. (§ 402.) Sec. 2. The said board shall enforce all ordinances, Enforce regulations and resolutions that the common council may adopt and ° rd prescribe relative to the city poor and the funds raised for their re- lief. relative to poor. (§403.) Sec. 3. The said board shall have power, subject to Power to pur ., . . ,, , . , , chase supplies the provisions ol this act, to purchase clothing, provisions, fuel, med- for poor. icines and supplies for distribution among the poor, but no money shall he paid out of the city treasury lor any such purchases unless the common council shall have authorized the controller to draw his warrant therefor. The board may issue orders to the poor for pro- visions, clothing, boots and shoes, fuel, water taxes, and transporta- loS LAW'S RELATING To THE CITY OF DETROIT'. I'll \ri i u IS. HOARD 01 POOH I nMMhMllN I K^. tion, and may also make cash disbursements, all to be paid out <>f the poor fund, under such rules and regulations as the common council may prescribe. ., (§ 101.) Sec. 4. Slid hoard shall also have power to contract Powei to con- ° ' ' of paupers, with any or all hospitals and asylums in and adjoining the city of burial thereof, etc. Detroit for the care of sick poor, and such others as may come under their care and control under the provisions of this act. They shall also have charge of the burial of all deceased poor who may be pub- lic charges within the city of Detroit, and for that purpose may con- tract with superintendents of cemeteries, and employ such other per- sons as they may deem necessary for the proper performance of the same. -p ,. , ' (S 405.) Sec. 5. The said board of poor commissioners shall 1 o disburse v «> ' ^ fund. 5 perform the duties and make the disbursements out of the county temporary relief fund now authorized by the statutes of this State to be made by the Aldermen of each ward in the city of Detroit, whose term of office will soonest expire, in the capacity of supervisors of their respective wards, and the said board is vested with all the pow- ers and duties of the aldermen as such supervisors relative to the sup- County Superintendent, port of the poor. The county superintendents of the poor shall have no power to grant any temporary relief in the city of Detroit, but all such relief from the county temporary relief fund shall be granted by said board, and the said board may draw its warrants on the county treasurer therefor. Donations. (§ 406.) Sec. G. The said board shall have power to receive and disburse donations for the relief of the poor, and may act in conjunc- tion with any society or organization organized for charitable pur- poses in the city of Detroit, and shall have such other powers and du- ties as the common council may prescribe. LAWS RELATING TO THE CITY OF DETROIT. I 99 HOARD OF POOR COMMISSIONERS. CHAPTER IS (§ 407.) Sec. 7. One commissioner, whose term of office shall Appointments, commence on the first day of July following, shall be appointed, ac- cording to the provisions of this act, at the last regular session of the city council in June of each year. (§ 408.) Sec. 8. Nothing in this act shall be construed as affect- Present ing the tenure of office of any of the present board of poor commis- sioners, who shall serve out their respective terms. (§409.) Sec. 9. The said commissioners shall receive no com- iVo „ , . . pensation. pensation for their services. (§ 410.) Sec. 10. All acts or statutes inconsistent with the pro- Re , of . . , , . , . , conflicting acts. visions 01 this act are hereby repealed. This act is ordered to take immediate effect. (Approved April 10, 1883.) CAWS RELATING TO THE CITV OP DETROIT. Chapter I s doakd oi poor commissioners. FOOK COMMISSIONERS OF DETROIT TO A.CT As COUNTY SUPERINTEN- DENTS OF TOOK. Aii Act to amend section two, chapter fifty, of the compiled laws of eighteen hundred and seventy-one, being compiler's section eighteen hundred and seventeen, relative to the support of poor persons by the public, the same being sec- tion one thousand seven hundred and fifty-six of Howell's annotated statutes, (Sec. 1756, Howell's statutes, as amended by Act No. 77, laws of 1885.) (§ 411.) Section 1. The people of the State of Michigan enact, That section one thousand seven hundred and fifty-six of Howell's annotated statutes, being section one thousand eight hundred and seventeen of the compiled laws of eighteen hundred and seventy-one, be and the same is hereby amended so as to read as follows: (§ 412.) Sec. 2. It shall be the duty of the Supervisors of each county, at their annual meeting in the year eighteen hnndred sixty- County Super- intendents of nine, to appoint three discreet electors of such county, to be superinten- the poor. dents of the poor within the same; one for the term of one year, one for the term of two years, and one for the term of three years; and at their annual session in each year thereafter th ey shall appoint one super- intendent who shall hold his office for the term of three years, and until his successor is appointed and qualified; Provided, That in case of a vacancy caused by the death or removal of either of said superintendents, or otherwise, the supervisors shall, at their first meeting held after such vacancy occurs, appoint a successor for the unexpired term. Before, entering upon the duties of his office each LAWS RELATING To THK CITY OF DETROIT. HOARD OF POOR COMMISSIONERS. CHAPTER 18 superintendent shall take the oath of office prescribed in the eigh- teenth article of ths constitution, and file the same in the office of the county clerk; Provided, further, That in the county of Wayne the superintendents of the poor shall consist of the three superintendents appointed by the supervisors and of the members of the board of Board of Poor _ , „ . , . „ Commissioners poor commissioners of the city of Detroit, and a majority of the whole of Detroit act as County number shall be a quorum for the transaction of business: Provided Superin- tendents. That the members of the b'iard of poor commissioners of the city of Detroit shall receive no compensation from the county of Wayne for their services. « Ordered to take immediate effect. (Approved May 11, 1885.) l.WYS KKl.ATlNf. T(l Tills CITY OV DETROIT. Chapter 18. board of poor commissioners. MEMBERS OF BOARD OF POOR COMMISSIONERS TO CONSTITUTE PART OF B6ARD OF SUPERINTENDENTS OF THE POOR OF THE COUNTY. An Act to constitute and make the members of the Board of Poor Commissioners of the City of Detroit members of the Board of Superintendents of the Poor of • the Country of Wayne. (§ 413.) Section 1. The People of the State of Michigan enact, Board of Poor Commissioners The persons who may when this act shall take effect be the members to be members of the. board of of the board of poor commissioners of the city of Detroit, and their poor^'etc ° C successors in office, shall thereafter be and they are hereby constituted and made members of the board of superintendents of the poor for said county of Wayne, and said members of the board of poor com- missioners shall have respectively all the rights, powers and authority and shall perform the duties of a member of said board of superin- tendents of the poor, and said last named shall then consist of the three superintendents appointed as provided by law and sa ; d board of poor commissioners: Provided, That said members of said board of poor commissioners shall not receive any compensation for their ser- vices. (This Act is ordered to take immediate effect. Approved March 13, 1889.) .Proviso. LAWS RELATING TO THE CITY OF DETROIT. HOARD OK POOR ( OMMISSIONERS. CHAPTER IS CITY PHYSICIANS. An Act to provide for the appointment of City Physicians of the City of Detroit, by the Board of Poor Commissioners of said city, and to provide for the reg- ulation of their duties. (§ 414.) SECTION 1. The People of the State of Michigan enact: City physicians. That the board of poor commissioners of the city of Detroit shall, on the second Tuesday of June of each year, appoint three or more city physicians, whose term of office shall be one year, commencing on the first day of July following. (§ 415.) Sec. 2. Said physicians shall be resident electors of the Qualifications, city of Detroit, graduates of an established medical school or college, and be of good standing in their profession, and have been in prac- tice for at least three years. 116.) Sec 3. Said physicians shall perform such duties and Duties, etc. observe such rules and regulations in the care and treatment of the sick poor of the city of Detroit as the board of poor commissioners of said city may direct and make, and shall perform such further duties and receive such compensation as the common council of said city may prescribe. (§ 417.) Sec. 4. All acts or parts of acts contrary to the pro- Repealing- visions of this act are hereby repealed. (This Act is ordered to take clause - immediate effect. Approved May 29, 1891.) CHAPTER XIX. PARKS AND BOULEVARDS. An Act to authorize the City of Detroit to establish and regulate a Park. (Approved May 27, 1879.) (§ 418.) Section 1. The common council of the city of Detroit shall have power to purchase the island in Detroit river, known as authorized, etc Belle Isle, and to improve and use the same as a public park, and to erect thereon any buildings which the city is authorized to build and maintain; and in all respects to devote said island to such public and corporate purposes as the council shall deem advisable. The said Council may convey two council may convey any portion of said island, not exceeding two [""^States. acres, to the United States for lighthouse or signal station purposes. The board of metropolitan police of the city of Detroit shall have full police powers and jurisdiction over the island, the waters surrounding the same, and the bridge, if any, leading thereto, the same as though the island was within the corporate limits of the city. (As amended March 22, 1881.) (§ 419.) Sec. 2. The common council of said city shall also have p 0W er to erect a bridge. power to erect and maintain a bridge over the American channel, be- tween said island and the main land, and to purchase and acquire suf- ficient real estate on said main land, either within or without the limits of the city, for suitable approaches to such bridge from the , ^ Approaches. main land, and the police powers and jurisdiction conferred by the preceding section shall extend to the land thus acquired. The com- mon council shall have power, from time to time, to fix the rate and 206 LAWS RELATING TO Tl 1 1C CITY OF DETROIT. Chapter 19. parks vnb boulevards. Fix the rate provide for the collections of tolls for the use of said bridge, and to of toll and c run, 1 " grant to railroads and street ear companies the right to run their cars over such bridge upon such terms and conditions as the common council shall prescribe. (§420.) Sec. 3. For the purpose of carrying out the provisions Issue of bonds. of this Act, the common council shall have power to borrow, by issu- ing bonds on the faith and credit of said city, such sums of money as may be necessary, not exceeding in the aggregate the sum of seven hundred thousand dollars, said bonds to be issued and negotiated in the manner provided by the provisions of the city charter relative to the issuing of public sewer bonds, by said city, and the bonds so issued shall be denominated "public improvement bonds of the city Proviso. f Detroit." Provided, That no greater sum than two hundred thousand dollars shall be paid for the said island. (§ 421.) Sec. 4. The powers conferred by this Act shall be ex- Approval of Estimates ercised and carried out in compliance with the city charter and the acts creating the board of estimates and the board of public works of. said city. (§ 122.) Sec. 5. This act shall take immediate effect. LAWS RELATING TO THE CITY OK DETROIT. 207 PARKS AND BOULEVARDS. CHATTER IV* COMMISSIONERS OF PARKS AND BOULEVARDS. An Act supplemental to the charter of the city of Detroit, and relating to parks, boulevards and other public grounds in said city, and to repeal act number three hundred and seventy-four of the local acts of eighteen hundred and seventy-nine, entitled "An act to provide for the establishment and maintenance of a broad street or boule- vard about the limits of the city of Detroit and through portions of the townships of Hamtramck, Greenfield and Springwells, in the county of Wayne," approved May twenty-one, eighteen hundred and seventy-nine. (8 423.) SECTION 1. The People of the State of Michigan enact. Mayor shall ' appoint com- Tliat the mayor, with the consent of the common council of the city of parks"" to? ° f Detroit, shall, after this Act shall take effect, appoint four electors and tax payers of said city, who shall be known [as] and styled "com- missioners of parks and boulevards." The term of office of said com- Term of office, missioners shall commence on the first day of the month next follow- ing their appointment, and they shall hold office for the term of four years, except as hereinafter provided. Every person appointed a com- missioner shall, before entering upon his office, take and subscribe the oath of office prescribed by the constitution, and file the same in the ° athof office - office of the city clerk. (§424.) Sec. 2. For the more effectual putting into [operationl J Provisional operations of the provisions of this Act, the following persons, citizens ' and tax payers of said city of Detroit, viz.: Henry M. Duffield, Elliott T. Slocum, William B. Moran and Francis F. Palms, are hereby ap- pointed provisional commissioners of parks and boulevards in said commissioned 208 i.wvs RELATING TO Tin'. CITY OF DETROIT. Chapter 19 parks \m> boulevards. city, who shall hold their office until the commissioners of parks and boulevards shall he appointed and duly qualified as provided in sec- tion one of this act, and no longer. Said provisional commissioners shall, within one week alter this Act shall take effect, meet and t (rganization of organize by the appointment from their own number of a president giveno- and secretary, and shall thereupon give notice of their organization m ivor. etc., of organi- to the mayor of said city, to the board of public works and to the zation. board. of park commissioners. Said provisional commissioners shall To receive books, papers, ask for and receive from the board of public works, and from the etc., relating to boulevard and board of park commissioners, respectively, all the official records park. books, plans and papers, in their care and custody, relating to the boulevard, or to the Belle Isle park, sn-called; and it shall be the duty of said last named board to deliver tbe same accordingly. Said pro- visional commissioners snail have tbe exclusive care and custody of To have ex- the boulevard, of all public parks, of all buildings thereon and of all elusive care of boulevards and mo vablc property relating thereto; they shall exercise all lawful care parks, etc. and superintendence of any work commenced and in progress on the parks or boulevard, but shall not undertake any new work, unless necessary for the safety or protection of the parks or boulevard, or the Control of buildings on the same. They shall have the superintendence and agents, clerks. etc., of. control of all agents, servants or 9 of the city of Detroit, relating to the boulevard, are hereby abrogated and revoked, except that said boards shall severally continue to hold their official records, books, plans and papers until the same shall be demanded of them as above provided, when the same shall be de- livered to said provisional commissioners. (§ 426.) Sec. 4. The members first appointed commissioners of Meetings of board. parks and boulevards, as provided by section one of this Act, shall meet at twelve o'clock noon on the first day of the month next after their appointment, at the office of the city clerk, for the purpose of Term of office organization, and shall determine by lot among themselves when their determined by lot. terms of office shall respectively expire. Said terms shall be one, two, three and four years, respectively, and said terms having been determined, as aforesaid, said commissioners shall certify the same to the mayor and common council. At the expiration of the term of of- fice of any commissioner, the mayor, in like manner, shall appoint a vacancies,. how filled. suitable person of like qualifications as his successor for the full term of four years, and vacancies shall be filled by appointment, as afore- said, for the residue of the term vacant. Said board shall have the right, and it shall be its duty, to demand, obtain and receive all the official records, books, plans and papers above mentioned from any person or persons who may have the same, or any portion thereof, and thereafter it shall have the care, custody and control of the same. (§ 427.) Sec. 5. The commissioners shall appoint, one of their Organization. number t'o be their president, and one of them to be vice president. They shall appoint a secretary, and said officers shall hold office dur- Appointment of secretary, etc. ing the pleasure of the board, or for such period as the board shall prescribe. An appointment pro tempore of [said] such officers may be made as usual when either of them are absent or unable to act. They May make may make all needful by-laws and rules for the transaction of *busi- by-laws, ness, and may employ and at their pleasure discharge superinten- LAWS RELATING To THK CITV OV DETROIT. Ch vi-ti k 19 PARKS \Mi ltOUI.KVARDS. m.i\ employ dents, engineers, clerks, agents and subordinates, and prescribe their and discharge. compensation i All officers and appointees, or either of them, shall give such security for the faithful performance of their trust as may be re- quired. Three members shall constitute a quorum for the transac- tion of business. They shall keep a record of all their business and proceedings, and at the request of any commissioner, the ayes and nays shall be taken on any vote at a meeting, which vote shall be re- corded. Security. Quorum. Shall keep record. What com- missioners to have charge of Parks and public ground.' Boulevards. No control over ordinary streets or alleys. When cost of work exceeds $-ibO, done by •contract. Management and mainten- ance of parks, ■etc. (§ 428.) Sec. 6. The commissioners shall have the control and management, and shall have charge of the improvement of all the parks and public grounds of said city, including the island park (known as Belle Isle park), and of such parks or public grounds as may hereafter be acquired, laid out, purchased or dedicated for pub- lic use in said city. And they shall likewise have the control, man- agement and charge of the improvement and maintenance of the bou- levard, which was laid out and established as provided by the [said] act creating said board of boulevard commissioners, and of any other boulevard which may at any time be hereafter acquired, laid out, es- tablished or located by said city. The authority hereby conferred shall not be construed as giving any charge or control to said com- missioners ovtr and to the improvement of any of the ordinary public streets or alleys. When the estimated cost of any work or improve- ment ordered by said commissioners shall exceed the sum of two hundred and fifty dollars, the same shall be done by contract, after advertisements for bids in at least two daily papers, printed in said city, for at least seven days. (§ 429.) Sec. 7. The said commissioners may make all needful rules and regulations for the management, maintenance and care of the said parks, public grounds and boulevard or boulevards, and [re- gulatitg] regulate their use, and the common council of said city may provide by ordinance for the observance of the same, and may also in IvAWS RELATING TO THE CITY OK DETROIT. PARKS AND BOl'LEVAKDS. CHAPTER 19 like manner provide for the observance and enforcement of any other Enforcement of rules relative to rules and regulations duly made by said commissioners under anv of hy common - J council. the provisions of this act. And said common council may by ordi- protection of • j t ., .. , . parks, etc. nance provide for the preservation and protection of the parks, pub- lic grounds and boulevards, and any of the property in charge of said commissioners against any destruction or injury, arid prevent the destruction or injury to, or taking of any trees, shrubs, plants, flowers or other things set out, planted or used by said commissioners in beautifying, improving or ornamenting said parks, public grounds or boulevards, and prevent any disorder or- disturbance on or about Preventing disorder and said parks, public grounds or boulevards, or any encroachment there- disturbance - on or interference with the quiet and peaceable use and enjoyment of the same for the purposes for which the same are established and maintained. Said ordinances may provide for the punishment for anv P uni ? ht "ent r J for violation of breach or violation of any of their provisions by like penalties pro- refaS^todis- • i j e • i »• j-t <• . , . m orderly conduct. video tor violation of ordinances of said city. The commissioners of metropolitan police for the city of Detroit, upon the request of said PoI , ice for ^ parks, etc. "commissioners of parks and boulevards," shall detail for service in any of the grounds under the charge of said park and boulevard com- missioners, so many of the police force as may be necessary to main- tain order and protect the property thereon, and any policeman on duty on said grounds may remove therefrom any person who may vio- late any of the rules and regulations of said commissioners, or of any of the ordinances of said city, adopted as aforesaid, relating to said parks, public grounds or boulevards. (2 430.) Sec. 8. The commissioners shall annually; before the Annual esti- first day of April, prepare and submit to the common council an esti- mat ? of n "" u v for improving mate of the amount of money that should be raised for the ensuing XjSri?5c fiscal year for the purpose of improving and maintaining the grounds under their charge, which estimate shall specify the sums desired for each of the several objects of expenditure, and at the same time make l. VWS RELATING To THE CITY OF DETROIT. Chapter 19. parks \m> boulevards. a report to the common council of the amount of revenufi and income which it is estimated will be received during such fiscal year from any source. Estimate to be (S 431.) Sec. '.). The common council of said city, with the con- levied with vo . ' J sfes " sent of the board of estimates, may cause to be placed upon the gene- ral tax roll, and raised by tax the same as other taxes, such sum as they may think proper to be raised for each of the several objects of expenditure, estimated as aforesaid, the maintenance and improve- ment of said parks, public grounds and boulevards, or for the pay- ment of any other expenses which said commissioners are by tins act authorized to incur. The moneys so raised, as well as any other moneys received from any source, shall be paid into the city treasury and credited to a fund, to be styled the " park and boulevard fund," Boulevard fund and shall be expended and paid out only for the purposes approved by the said common council and board of estimates. (§ 432.) Sec. 10. The commissioners s-hall have the power to expend and pay out of the moneys belonging, to said fund for the pur- pose for which they are raised respectively, by warrants drawn upon said fund, signed by the president and secretary of said commission- ers, which shall be paid by the city treasurer. No debt or liability of Xo debts shall be cre.«ted by an y kind shall be created by said commissioners during any one fiscal commissioners. year in excess of the moneys then in said fund, or which may have been authorized to be raised by said common council for such year. The commissioners may receive donations or bequests of money or property, which shall be used for the maintenance and improvement of the grounds under their charge, or either of them, as contemplated by such donation and bequest. Belle i.sle (§ 433.) Sec. 11. The bridge connecting Belle Isle with the bridge a part of Belle Isle park, mainland and its approaches shall, for the purposes of this act, con- stitute a part of Belle Isle park, and said commissioners shall have M..y receive donations. LAWS RELATING TO THE CITY OF DETROIT. 213 I'AKKS AND BOULEVARDS. CHAPTER 19 the custody and control of the same, subject to the general directions Ocmmwsjoners of the common council. Said commissioners may make all suitable and needful rules and regulations respecting the use of said bridge Rules for use of and its approaches by foot passengers, by animals and vehicles of every kind, including railway cars, engines or motors, and may pro- hibit the use of such bridge by such persons, animals, cars, engines or motors, as in their judgment may be injurious to the proper use of _,, .x, • Engineers or said bridge or park.* They may appoint the necessary engineers or bridge tenders. bridge tenders, and provide for + ,he payment of their compensation. But the making of repairs and the maintenance of said bridge shall be Repairs , md „., • i ri ,-. maintenance of. under the direction and supervision of the appropriate [department] departments of the city government, and subject to the authority of the common council; and the expense thereof shall not be made a charge upon the said park fund. (S 434.) Sec. 12. Said commissioners shall receive no com pen- Commissioners shall receive no sation for their services, and any one of them shall vacate his office in P f c y e g° r sei ~ the event, of his accepting or holding any other civil office; and any shall not hold other office. commissioner who shall be publicly nominated by any political con- vention for any office elective by the people, and who shall not decline the said nomination withinten days after he shall have been informed thereof, shall be deemed to have vacated his office. (§435.) Sec. 13. , The commissioners shall make an annual re- Annual repor to common port to the common council of their doings, and of the expenditures councl1 - made by them, and showing the situation and condition of affairs un- der their control. The common council may require a report from said commissioners at any time, and the records, books, papers and accounts of the commission shall at all times be subject to the inspec- inspectioi tion of the mayor, controller, or of any committee appointed by the -common council for that purpose. • Nfote 1 1 iippfii lix. 21 | i.aws RELATING To Till', CITY OF DETROIT, Chapter 19. parks and boule^ vrds. Exclusive use (§436.) Sec. U. The grounds of which said commissioners of parks, etc. may have the control, shh.ll be used and enjoyed solely for the pur ins to boHts.etc. posea for which they were established; Provided, That privileges for the hiving of boats and vehicles and other like purposes such as are usual in public parks, may l>e let by the commissioners for the cur- rent year; but the same shall be exercised and permitted only upon the same being subject to their supervision and direction, and to such orders, rules and regulations as they may make at any time. Commissioners (§ 487.) Sec. 15. If at any time it shall appear that the lines of mav make map of boulevard. sa [^ boulevard, authorized by said act approved May twenty-one, eighteen hundred and seventy-nine, have not been legally laid out, or established as provided by said act, the commissioners may make and certify a map or plat showing the lines or location of said boulevard, and cause the same to be recorded in the office of the register of deeds for said county. The commissioners may receive conveyances granting to the city of Detroit lands for said parks, public grounds or boulevards, and with the approval of the common council, may agree with any person having an interest in any such lands for the purchase and conveyance to said city of the same. And with the consent of said May purchase . . , , , , ,. . land. common council may acquire by purchase or by legal proceedings in the manner hereinafter provided any lands or interest in land which may be found necessary for the opening of any park and enlargement or extension of any park or boulevard which , may hereafter be laid out, located or established. And upon such acquisitions being made, to cause the proper conveyances to be made and recorded, and the purchase price thereof, as well as for any compensation to be paid for any lands which may be taken or condemned by proceedings taken therefor, as hereinafter provided, may be paid from the contingent fund of said city, or may be raised, if the common council fchall so de- M l vissue termine, by issue of bonds to be known as park and boulevard bonds, bonds by con- ' J tof council. and which 8hall be sigriedi numbered, recorded, sold and issued, in LAWS RELATING TO THE CITY OF DETROIT. 215 PARKS AND BOULEVARDS. CHAPTER 19 like manner as Detroit sewer bonds are by the city charter required and authorized to be made and issued.* And the moneys so paid or raised shall be exclusive of the amounts raised for maintenance and improvement as hereinbefore provided. (§ 438.) Sec. 16. Whenever in the acquisition of any land which Acquisition of said commissioners may be authorized to acquire, said commissioners hind h y} e s a ^ J proceedings. may find it necessary or expedient to make such acquisitions by legal proceedings, as hereinafter provided, said commissioners shall present to the recorder's court of the city of Detroit their petition, verified by one of their number, their secretary or attorney who may be appoint- ed to conduct such proceeding, briefly setting forth the grounds and objects thereof, and praying that a jury of freeholders may be em- ° b J ect of - panneled to ascertain and determine the necessity for the taking of Necessity for. such lands, and to determine or award the damages or compensation Damage. to be allowed to the respective parties entitled thereto for such tak- ings. The petition shall set forth the description of lands sought to Description of. be acquired, the purposes for which the same are sought, the names Name of and residences of the owners of such lands, or of other persons hav- owners - ing interest therein, so far as known; and if any of such persons are incompetent persous. infants, idiots, or of unsound mind, such fact shall be stated, with the age of such infants. It shall be competent to unite in such petition two or more distinct parcels of land, though owned by different per- sons, and parties having different interests or estate in auy land ordn any part thereof may be united as respondents in respect to the same in the petition. (§439.) Sec. 17. Upon filing such petition the court shall make „ ,. r ' ' v Proceedings of an order requiring all the persons named in said petition as owners or petition. as having any interest in any of said lands, upon a day to be fixed, to appear and show cause, if any they have, why the prayer of said peti Note 15 A ppendix. 2l6 LAWS RKI.ATINC. TO Till' CITV OK DKTROIT. Ol Ml IK 19. r IRKS \M> BOl I I \ VRDS. on persons interested. Copy of petition tion shall not be granted. A copy of said petition, with a copy of the shall be served order of the court thereon, thall be served on all the persons shown by the petition to be interested therein, at least rive days before the day fixed for hearing. Proof of such service shall be filed in said court, and may be made by the affidavit of the person who made the same, or by the otlicial certificate of the sheriff of the county in which said service may be made, his under sheriff or deputy, showing when such service was made by such officer. Service of notice. On residents On incompetent persons. Non-residents Publication of notice . (§ 440.) Sec. 18. Such service shall be made as follows: First, When his or her residence is known, upon the persons in- terested, unless an infant under fourteen years of age, an idiot, or per- son of unsound mind, either personally or by leaving such copy prop- erly directed at his or her usual place of residence, with some person of suitable age found living there; Second, If any person on whom service is made is an infant under the age of fourteen years, an idiot or person cf unsound mind, and re- sides in this state, such service will be made as aforesaid, on his guardian, or, if none, then on the person who has the care of, or with whom such infant, idiot or person of unsound mind resides; Third, If the residence of any person so interested shall be un- known, or if he shall reside out of this state, then such service may be made by publishing a notice once a week for at least six successive weeks before the day of hearing', in some daily newspaper, published in the city of Detroit, which notice shall briefly state the object of the petition so far as such interested person is concerned, and a brief description of the land sought to be taken in which he is interested and if the postoffice address of such person be known, a copy of such petition and notice shall be deposited in the postoffice at Detroit, a least thirty days previous to the day of heariug .directed to such per- sor, at his place of res'dence or- postoffice address, as near as may be LAWS RELATING TO THE CITY OF DETROIT. 217 PARKS AND BOILEVARDS. CHAPTER 19 postage prepaid. Proof of such publication, or the mailing of such copy, may be made by affidavit and filed in said court. (§ 441.) Sec. 19. On the hearing of the petition and in all sub- Hearing of petitions. sequent proceedings, any infant, idiot or person of unsound mind, may be represented by his or her guardian, but if there shall be no such guardian or he shall not appear at the hearing to represent such infant, idiot or person of unsound mind, then the court shall, before proceeding with the hearing, appoint some disinterested person as guardian ad litem, to protect the interests of the person for whom he was so appointed, and the court shall likewise appoint a suitable per- son to represent and protect the interests of any person who may be stated in such petition, to have interests in said land, but whose name is unknown, or whose residence is unknown, or who is a non-resident of this state, and who does not appear in his own behalf, or is not other- wise represented. (§ 442.) Sec 20. In all cases not otherwise provided for, ser-„ v " r Service or vice of orders, notices, and other papers in the proceedings authorized notprovide^foi by this Act, may be made as the said eourt or the judge thereof may direct, (§ 448.) Sec. 21, The day of hearing may be adjourned at the May be discretion of the court, and if at the hearing no sufficient cause be adjourned shown against the petition, the prayer thereof may be granted. It shall be competent for the commissioners, with leave of the court, or for the court for any good reason shown, to dismiss the petition as to May be dismissed one or more distinct parcels of land sought to be acquired, or as to one or more of the respondents, and to proceed with the residue. If the prayer of the petition is granted, the court shall order the sheriff ol the county to select at least twenty-four persons, freeholders of said city, from whom a jury shall he empaneled in the cause, and the names of said twenty-four or more persons having been selected and 218 CAWS RELATING TO THE CITY OF DETROIT. Chapter 19. parks and boulevards. returned by the said sheriff as directed by said order, the court shall thereupon cause such persons to be summoned by the usual process of venire to attend the court on a day to be named in said venire to serve as jurors; and shall then adjourn all further proceedings on said petition to the return day of said venire. Said venire shall be served bj the sheriff or his deputies as in other cases. On the return day of said venire, the court shall proceed to empanel a jury of twelve disin- terested freeholders from persons so drawn and summoned; and if such jury cannot be found from the persons who shall attend upon such summons, or if so many of the persons summoned shall be ex- cused or shall be rejected by the court, upon challenge or otherwise, that there shall not be a sufficient number left to constitute a jury, the court shall order the sheriff of said county forthwith to summons immediately other freeholders of the said city to attend as jurors un- til a panel of twelve qualified jurors shall be obtained. Such jurors Jury to deter- mine necessity s hall then be sworn to ascertain and determine the necessity of taking of taking land. •> _ ° the several parcels of land sought to be taken for the purpose set forth in the petition, and if taken, to determine and award to each person Compensation for land taken. ent j.tled thereto the proper compensation to be allowed for his or her interests in the land so taken.* In empaneling a jury*, the practice and proceedings shall be the same as in ordinary civil suits, so far as practicable. Two peremptory challenges shall be allowed to the com- missioners, and the respondents collectively shall be entitled to the same number. If any juror, after being sworn, shall die or become unable to discharge his duties, the court may appoint another qualified person to serve in his place, who shall be sworn and take his place upon the jury, or may, in its discretion, empanel a new jury. Further duties (§ 444-) Skc. 22. The jury shall hear the proofs and allegations of jury. « of the parties and the arguments of counsel, and if so ordered by the court, shall go to the place of intended improvement in charge of an *Note 16 Appendix. LAWS RELATING TO THE CITY OK DETROIT. 2I<> PARKS AND liOl'LEVAkDS. CHAPTER 19 officer, and upon, or as near as practicable, to any property proposed to be taken, and examine the premises. They shall be instructed as to their duties and the law in the case by the court, and shall repair, in the charge of an officer, and render their verdict in the same man- ner as on the trial of an ordinary civil suit. The testimony given shall Testimony be reported, all objections made and rulings of the court thereon, and reported, exceptions taken, being noted by the regular court stenographer, and the charge of the court or instructions given to the jury shall likewise be reported by him. The jury shall consider and report in writing on each distinct parcel of land, and the interests in the same separately, and when all is finished bring the report into court, and the same shall be filed with the clerk. A disagreement of the jury as to one or more Disagreement of jury. distinct parts of land shall not affect their report as to any lands in re- gard to which they have agreed; and upon such disagreement the court may, upon motion of the commissioners, with a view to further proceedings, permit the petition to b^ so amended as thereafter to re- Petition may late only to the premises affected by such disagreement and to the be amended persons interested therein, and may also cause a new jury to be drawn and empaneled, which new jury shall be drawn and empaneled in the same manner as above provided for the drawing of the original jury, and like proceedings as above provided shall thereupon be had as to the lands concerning which there was such failure to agree, and such new proceedings may be ordered by the courts as often as may be necessary. (§ 445.) Sec. 23. The court may allow the jury to take with j uiy to have use of maps, etc them when they retire proper descriptions of the lands sought to be taken, as well as maps of the same, and of the premises adjacent thereto, showing the proposed improvement, and such other papers as the court in its discretion may deem it proper for them to have. The \ erdict maj verdict of the jury may be set aside by the court and a new trial be sel aside - ordered for objections of law, and for matters of substance, but aot for CAWS RELATING TO THE CITY OF DETROIT. Chapter 111. parks and boulea irds. objectiODS us to matters of form, in the same manner and on the same grounds :is in ordinary civil actions in courts of general jurisdiction, and amendments either in form or substance of the petition, process and proceedings may be allowed, but if by such amendments new parties are added to the proceedings an order shall be made for their appearance, and a copy thereof and of the petition shall be served as may be directed by the court, and the proceedings shall be ad- journed a sufficient length of time to enable such service to be made and the party given a reasonable time in which to appear. The court may, before the jury is finally discharged, refer their verdict and find- ing back to them, for the correction of any errors, defects or in- sufflciences therein contained. court may (§ 446.) Sec. 24. The court, upon motion of the commissioners, confirm renort. may confirm any report made as aforesaid unless good cause shall be shown. But if such cause is shown, the court may set aside any re- port and order a new jury and new proceedings as in case of the fail- ure of the jury to agree. And upon motion of said commissioners, as well as upon the motion of any of the respondents, may grant a new trial and order a new jury as [in] is case of the failure of a jury to Motion for agree. But motions for a new trial shall be made within two days shall be made wiihintwo after rendition of the verdict or within such further time as shall be allowed by the court, and if no such motion is made, or, being made, is overruled, the court shall enter an order confirming the verdict of the jury, and such order shall be final and conclusive as to all persons interested therein. New trial may be had. afler confirma tion. •Order of com (8 447.) Sec. 25. Upon the confirmation of anv report, the court shall make a proper order declaring that all the title of the persons who have been made parties as interested in the lands in question (a description of which shall bf embodied in said order) shall, upon pay- ment, tender or deposit of the compensation as required by this act LAWS RELATING TO THE CITY OF DETROIT. I AKKS AND BOULEVARDS. CHAPTER 19 become and be vested in the city of Detroit, its successors and as- signs forever, for the uses and purposes for which the same was taken. A certified copy of such order may be recorded in. the office of the register of deeds for "Wayne county, and have the same effect as a re- corded deed.* (§ 448.) Sec. 26. Any party interested in any of the lands so Appeal may be sought to be acquired who shall deem himself aggrieved by such final taken, order, or said commissioners," may appeal therefrom to the supreme p roceedino . s in court, which appeal shall be in writing and riled with the clerk of the court within five days after the making of said final order. The party so appealing shall, within ten days after the making of such order, draw up a statement in the nature of a bill of exceptions, containing so much of the evidence and other proceedings as shall be sufficient to fairly present the question to be raised thereon, and present the same to the judge for his signature, and shall at the same time serve a copy of the same on the attorney of the appellee, who may propose amend- ments thereto; and said judge shall within ten days after said bill is presented, cause said bill, if necessary, to be corrected according to the true facts of the case, and shall sign the same and file it with the clerk of said court, who shall forthwith make a transcript of the files and entries in said case, and certify such transcript with said bill of exceptions to the supreme couit, who shall thereupon have full juris- diction to determine the ease. Assignments of error shall be made and filed as in cases determined on writ of error; if error shall be found the supreme court shall reverse the order, so far as it affects the party appealing, and remand the case [to] of the recorder's court, for further proceedings, where the case admits of the same, and said court may permit all amendments needful to limit such further pro- ceedings to the premises affected by such appeal and the persons in- terested therein, or for the same purpose to permit a supplemental ♦Note 17 Appendix. LAWS KHI.ATIM". TO THE CITY OV DETROIT. Chapter 1U, parks ami boi i b \ 'ards. petition to be Bled; but in that case it shall not again be necessary to serve process or give new notice unless it be necessary in order to bring in new parties. Said court may cause a new jury to be drawn and empaneled and the case may be proceeded with in like manner as upon an original petition. The appeal of one or more persons in- terested in a final order shall not in any way affect said order as to the other persons interested therein who do not appeal, nor as to any lands or interests in lands in which the appellants have no interests. jurors' fees, etc. (§ 449.) Sec. 27, Jurors in said proceedings, and all officers who shall render any services in said proceedings, shall be entitled to the same fees which are allowed for like purposes in ordinary cases of opening streets and alleys in said city, commenced in said record- er's court.* And the persons appointed to represent absent or other respondents, as above provided, shall be paid such sum as the court may deem reasonable, and the said expenses shall be paid by the city in like manner and out of the fund above mentioned from which com- pensation for land taken is directed to be paid. „ , (8 450.) Sec. 28. Within one year after the confirmation of the Payment of vo ' J verdict of the jury, or after judgment of confirmation shall be affirmed on appeal, the commissioners shall pay or tender to the respective persons entitled to receive the same, damages and compensation awarded for taking such private property. And in case any person shall refuse the same, be unknown, or be a non-resident of said city, or cannot, with reasonable diligence, be found in said city, or for any reason be incapacitated from receiving his amount, or the right thereto be disputed or doubtful, the commissioners may deposit the amount awarded in such case with the city treasurer, who shall on demand pay the same over to any person entitled and competent to receive it, taking their receipt therefor. Upon such payment, tender or deposit *>>ote 18 Appendix. LAWS RELATING TO THE CITY OF DETROIT. 223 PARKS AND BOULEVARDS. CHAPTER 19 • the commissioners may enter upon, take possession of, and convert such private property for the uses and purposes for which it was taken, and may remove all buildings, fences or other obstructions therefrom. (§ 451.) Sec. 29. The estate, right, title and interest in any and Original boulevard all lands, which have heretofore become vested for the use of a boule- p r °perty vested in city of vard in either of the townships of Hamtramck, Greenfield or Spring- Detroit - wells, under the provisions of an act entitled "An act to provide for the establishment and maintenance of a broad street or boulevard about the limits of the city of Detroit, and through portions of the townships of Hamtramck, Greenfield and Springwells, in the county of Wayne," approved May twenty-one, eighteen hundred and seventy- nine, and which lauds are now included within the limits of the city of Detroit, are hereby transferred to and vested in the city of Detroit for the same use and purpose. (§ 452.) Sec. 30. From and after the due appointment and or- Previous act repealed. ganization of the commission authorized by this Act, act number three hundred and seventy-four, local acts of eighteen hundred and seventy-nine, entitled " An act to provide for the establishment and maintenance of a broad street or boulevard about the limits of the city of Detroit, and through portions of the townships of Hamtramck, Greenfield and Springwells, in the county of Wayne," approved May twenty-one, eighteen hundred and seventy-nine, shall become and be Proviso relative repealed; Provided, I hat such repeal shall not impair or affect any to property, acts done or rights accrued or acquired under said act. (This Act is ordered to take immediate effect. Approved May 8, 1889.) (§ 453.) Sec. 31. The commissioners may make rules and regu- Com missioners lations as to sidewalks on the boulevard, and as to their width andruiesasto sidewalks on location, and may describe the material and manner in which they the boulev:iri1 - shall be constructed on the several portions thereol. It shall be the 224 ' ^ vs RELATING TO THE C!TY OF DETROIT. l. HAP II K 19. PARKS VND Bl IULEVARDS, « ners duly of the owners and occupant* of lands abutting on the boulevard and occupants ''ilkCiiu'- "' '" construd and keep all such walks in good repair and in suitable condition for travel thereon. Whenever in the judgment of said com- missioners the construction or repairing of any sidewalk in fiont of or adjacent to any such lands is necessary they shall notify the owner his agent or the occupant thereof to construct or repair said sidewalk; if for the construction of a new T walk such notice shall specify the kind of material and the. location where the same is required to be laid. Such notice shall further state the time within which such side- walk is required to be laid or repaired. If the owner or occupant of any such lauds shall neglect to construct or repair such walk within Commissioners the time specified in such notice, the commissioners may cause the may construct walks. same to be constructed or repaired, and they shall thereupon report to the common council the amount of expense thereof, and the sum Assessments so reported shall be assessed upon the lands in front of or adjacent to for sidewalks. which the said walk was built or repaired, which assessment shall be a lien on said lands until paid, and shall be levied and collected and in like manner and by the same officers as other assessments for the construction or repairing of sidewalks are levied and collected. If said commissioners shall deem the condition of any walk to be dan- Dangerous •" walks may be ,. . . „ ,, repaired or gerous to persons traveling thereon, the owner of the premises in rebuilt bv Com- missioners, front of which such walk may be shall be considered in default, and the commissioners may proceed at once without notice to construct or repair the walk, and to report the amount of the expense to the com- mon council for assessment on said premises, as above provided. The moneys received from collections of such assessments shall be credited to the funds from which the cost of construction or repair shall be paid, and any owner of lands so neglecting to build or repair shall be liable to the city for damages which shall be recovered against the city for any injuries received by any person by reason of such neglect. (As amended by Act approved May 29, 1893.) LAWS RELATING TO THE CITY OF DETROIT. 225 I'ARKS AND BOULEVARDS. CHAPTER li» BONDS FOR IMPROVEMENT OF THE BOULEVARD. An Act to empower the Common Council of the City of Detroit to borrow money for the purpose of improving the boulevard. (§ 454.) SECTION 1. The people of the State of Michigan enact, Common coun- That for the purpose of the improvement of the broad street or boule- cil may borrow money for vard, in and around the city of Detroit, established pursuant to act boulevard, number three hundred and seventy-four of the local acts of the legis- lature of the state of Michigan, approved May twenty-one, eighteen hundred and seventy-nine, authorizing the establishment of such street or boulevard, the common council of said city, with the ap- proval of the board of estimates thereof, shall have power to borrow upon the best terms it can make, and for such time as it shall deem expedient, a sum of money not exceeding five hundred thousand dol- Not to exceed lars, upon the credit of the city of Detroit, and shall have authority to issue bonds pledging the faith and credit of said city for the pay- May issue ment of the principal and interest of said bonds, which bonds shall be denominated, " Boulevard improvement bonds of the city of Detroit,' and shall bear interest at a rate not exceeding five per cent per an- num. The controller shall keep an accurate register of all said bonds issued, showing the number, date and amount of each bond, and to whom the same was issued. And the money raised by such bonds shall be expended solely for the purpose of the improvement of said boulevard. (This Act is ordered to take immediate effect. Approved May 8, 188 ( J.) J JO I'll \1'T1 R 19 LAWS KKI.ATINO TO THE CITV OF DETROIT. • \KlvS ,\M> IllUM I VAHDS liONDS FOB IMPROVEMENT OF RELLE ISLE PARK. An Act to empower the Common Council of the City of Detroit to borrow money for the purpose of the improve- ment of Belle Isle Park. Purpose of loan. Authority to borrow and issue bonds. Rate of interest. Disposition of money. Proviso. (§ 455.) Section 1. The people of the State of Michigan enact y That for the purpose of the improvement of Belle Isle Park, in the Detroit river, the common council of the city of Detroit shall have power to borrow, upon the best terms it can make, and for such time as it shall deem expedient, a sum of money not exceeding four hun- dred thousand dollars, upon the credit of the city of Detroit, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds, which bonds shall be denominated " Park improvement bonds of the city of Detroit," and shall bear interest not exceeding five per cent per an- num. The controller shall keep an accurate register of all said bonds issued, showing the number, date and amount of each bond, and to whom the same was issued. And the money received for such bonds shall be expended solely for the improvement of said Belle Isle Park: Provided, That not more than one hundred thousand dollars of said bonds shall be issued and expended in any one year. Question to be (§ 456.) Sec 2. Such money shall not be borrowed, nor such submitted to electors. bonds issued, unless a majority of the qualified electors of the city of , r . r Detroit, votine; at the annual charter election to be held in said city in I ime of ' ° J eighteen hundred and eighty-nine, voting on said loan, shall so de- termine; and the common council of said city is hereby authorized I.AWS RELATING TO THE CITY OK DETROIT. 227 PARKS AND BOULEVARDS. CHAPTER 19 and required to give notice of submitting the question of said loan to Notice thereof the qualified electors of said city by giving due notice thereof, and causing the date, places of voting and object of said election to be stated in printed or written notices and posted in six public places in each voting precinct in said city, not less than six days before said election, and publishing the same :n one or more of the daily papers published in said city for three days prior to said election, which no- tices shall state the amount of money proposed to be borrowed and the amount of bonds to be issued. (# 457.) Sec. 3. The vote upon such proposition shall be by Vote to be by ballots, either written or printed, or partly written or printed; ballots ballot - in favor of such proposition shall be in the following words: "For Ballots, issuing park bonds — Yes;" and the ballots against the same shall be in the following words: " For issuing park bonds — No;" and it shall be the duty of said common council to provide at the polls of each voting precinct ■ of said city during the whole time while the same shall be open, a sufficient number of said ballots, both for and against such proposition, as shall be necessary to supply all the electors desir- ing to vote thereon; the election shall be conducted, the votes can- vassed and returns made in all respects as in other elections held in said city, and immediately upon the conclusion of such canvass the board of city canvassers of said city shall make and sign a certificate showing the whole number of votes cast upon such proposition, and the number for and against the same respectively, and said city can- vassers shall indorse upon such certificate a declaration in writing of the result of such election, which certificate and declaration shall then be filed with the city clerk and entered at large upon the records of said city, and a copy of said certificate and declaration, certified to by said city clerk, shall be filed by him with the county clerk of Wayne county. (This Act is ordered to take immediate effect. Approved June 21, 1889.) Canvass of the votes. !28 <.'!! M-l I K 14*. CAWS RELATING TO THE CITV OV DETROIT. 'ARKS \NH BOULEVARDS. LANDS FOB PARKS OUTSIDE OP CITY LIMITS. An Act to authorize the City of Detroit to acquire land outside of the limits of said city, for use as public parks, public grounds and boulevards, and to regulate and im- prove the same, ($ 458.) Section 1. The people of the State of Michigan enact, Commissioners may receive That the "commissioners of parks and boulevards" of the city of donations of lands. Detroit shall have power to receive donations or bequests granting to the city of Detroit lands in the county of Wayne, and distant not to exceed four miles from the corporate limits of said city, for use as public parks, public grounds or boulevards; and in all respects to devote such lands to such public or corporate purposes as are the parks, public grounds and boulevards already established in and about said city. (§ 459.) Sec. 2. The commissioners of metropolitan police for the city of Detroit shall have full police powers and jurisdiction over the lands so acquired, the same as though such lands were within the corporate limits of the city of Detroit, and upon request of said "com- missioners of parks and boulevards " may detail for service in anj r of such grounds so many of the police force as may be necessary to main- tain order and protect the property thereon, and any policeman on duty on said ground may remove therefrom any person who may vio- late any of the rules and regulations of said commissioners. Police'Com- missioners shall have police powers over lands donated. May detail policemen. Extension of (§ 460.) Sec. 8. The common council of said city shall have public lighting, nre, water and p0W er to authorize the extension of the public lighting, fire, water sewerage * and sewerage systems of the city to said parks, public grounds or LAWS RELATING TO THE CITY OE DETROIT. 229 PARKS AND BOULEVARDS. CHAPTER 19 boulevards, whensoever the said " commissioners of parks and boule- vards " shall request and the said council shall deem the same advis- able: Provided, That the construction of such extensions shall be without cost to the city. (§461.) Sec. 4. The powers conferred by this Act shall be ex- Powers to be exercised under ercised and carried out in compliance with the city charter and the charter and Park and acts creating the board of estimates and board of " commissioners of boulevard act. parks and boulevards " of said city. (Approved May 25, 1893.) 2 30 LAWS RELATING TO THE CITY OF DETROIT. Chapter 19. parks and boulevards. ESTABLISHMENT OP BOULEVARD. An Act to provide for the establishment and maintenance of a broad street or bonlevard about the limits of the City of Detroit and through portions of the townships of Hamtramck, Greenfield and Springwells, in the County of Wayne. (Act No. 374, Local Acts, 1879, approved May 21st, 1879.) This Act having become inoperative by annexation to the city of Detroit, of the portions of the township in which the boulevard was laid out and by the enactment of the law creating the "commissioners of parks and boulevards," only those portions relating to the organization of the " board of boulevard commissioners " and to the laying out of the boulevard are printed in this compilation. (§ 462.) Section 1. The People of the Stale of Michigan enact That in the city of Detroit and in the townships of Hamtramck Establishment Greenfield and Springwells, in the county of Wayne, there shall be of board. established a board of commissioners, to be known as the " board of boulevard commissioners," who shall be a body corporate and politic, and shall have power to sue and be sued, and such express powers and duties as shall be prescribed by this Act, and such implied powers and duties as shall be necessary and proper to carry info execution and effect the express powers and duties herein prescribed. (8 4G3.) Sec. 2. The said board shall be composed of the fol- Board, how composed. lowing members (until reduced in number as provided in section four of this Act), one to be appointed from each of the said townships by LAWS RELATING TO THE CITY OF DETROIT. 23 1 PARKS AND BOULEVARDS. CHAPTER 19 the township board thereof, and 'the remaining members of the said board shall be the mayor and the several members of the board of public works of the city of Detroit. (§464.) Sec. 3. The township board of each of the said town- Townships may be com- ships shall meet on the first Monday of April, in the vear one thous- peliedto appoint mem- and eight hundred and eighty, and every three years thereafter, and bers of board - appoint a member of the said board of boulevard commissioners, and on failure so to appoint, the said township board may, on application of ten or more resident freeholders of such township, be compelled by the supreme court, by appropriate remedy, to exercise the power of appointment conferred by this Act. (§ 465.) Sec. 4. Each of the members of the said board ap- pointed from the several townships aforesaid shall signify his accept- ance of the office in writing, and shall hold such office for the term of Term of office. three years, from the first Monday in April of the year in which, by the provisions of this Act, he should be appointed, and until his suc- cessor has been appointed and, in like manner, has accepted his of- fice; Provided, however, That if at any time hereafter the limits of the city of Detroit, or any of the said townships, shall be so changed that no portion of line of the boulevard herein provided for shall lie within the limits of any one or more of said townships, then the office of the then commissioners from such township or townships, as the case may be, shall cease and become vacant, and no commissioner shall thereafter be appointed from such township or townships. (§ 4G6.) SEC. 5. The mayor of the city of Detroit shall be ex officio ' Mayor to be president of the said board of boulevard commissioners, and a ma- president. jority of the said board shall constitute a quorum for the transaction ,. J J ^ (oluorum. of business. -3- Ch vi 1 1 i k LS Locatl line of boulevard LAWS RELATING TO THE CITY OF DETROIT. PARKS AND Hill 1.1'a Mllis. Maps. Survey. , Recording. maps. (§ 467.) SEC. 6. The said board of boulevard commissioners shall have power and authority to determine, locate and establish the line of a broad street or boulevard, not less than one hundred and fifty feet nor more than feet in width, about the limits of the city of Detroit, and through portions of the townships of llamtramck, Greenfield and Springwells, in the county of Wayne, which line of said boulevard shall commence on Jefferson avenue in the township of Hamtramck, and may run through such portions of the outer limits of the city of Detroit, and such portions of the said townships as said board of boulevard commissioners shall determine. (§ 468.) Sec. 7. The said board shall have power and authority to make all surveys, maps and plats necessary and proper to the due execution of the powers and duties prescribed by this Act, and the said board, and all persons by them authorized, or acting under their direction, are authorized to enter upon private property for the purposes of determining, locating and establishing the line of the said boulevard, and of making and prosecuting all such necessary and proper surveys. The said board, in determining, locat- ing and establishing the line of the said boulevard, may mark the lines and limits thereof at suitable and convenient points by means of stakes or other suitable monuments. (\ 469.) Sec. 8. . Whenever the said board shall have determined and located the line of the said boulevard, they shall make, or cause to be made, a map or plat of the said boulevard, on a suitable scale, and showing the width, courses, distances, and other suitable indicia of location, and shall certify the same, and cause it to be recorded in the office of the register of deeds of the county of Wayne. They shall also make or canse to be made, like maps or plats, on suitable scales,, of the several portions of the said boulevard included within the limits of the city of Detroit, and of the several townships aforesaid,, which maps and plats last mentioned shali be riled as follows: The: LAWS RELATING TO THE CITY OF DETROIT. 233. PARKS AND BOULEVARDS. CHAPTER 19 • map or plat of that portion of the said boulevard lyiug within the limits of the city of Detroit shall be filed with the city clerk of said city, and the maps or plats of the several portions lying within the townships aforesaid shall, respectively, be filed with the township clerk of the township within which the portion of the said boulevard covered by the said map or plat is situated. Upon the filing of the map or plat of the whole of said boulevard with the register of deeds aforesaid, for record, the line and location of the said boulevard shall be deemed to be finally established, and shall not be changed wkh- IIow location out the united consent of the said board of boulevard commissioners, ma >' be changed - the common council of the city of Detroit, and the township boards of such of the townships within the limits of which any portion of the said boulevard may be situated. (§470.) Sec. 9. When the line and limits of the said boulevard shall be established by the said board, as above provided, any person of^VaUstate... competent to convey real estate owning lands within such limits, or any interest in such lands, may thereupon grant and convey the same to the township or city within which the said lands are situated Such grant or conveyance may be made by any lawful instrument for the conveyance of real estate in this state, and shall be to the city or township in which the lands described therein are situated. Delivery of such deed may be made to the said board of boulevard commis- sioners, and the same may be recorded in like manner as deeds of real estate under the recording laws of this state. Upon the execu- tion and delivery of such deed, all the estate, right, title and interest of the grantor therein shall pass to and rest in the grantee therein for the uses and purposes of such boulevard. (8 471.) Sec. 10. The proper authorities of the city of Detroit > Power to con- Bhall have like power to open the said boulevard within the limits clemn ' • established by the said board, and condemn private property for the 234 LAWS RELATING To THE CITY OF DETROIT. Chapter 19, l'ar'ks and boulevards. uses and purposes thereof, like proceedings being taken as are or may be provided by law for the opening of streets in said city. , (§ 472.) Sec, 11. The proper authorities of the several town- s '],ip S . ships through which said boulevard passes shall have like power to open the same and condemn lands for the uses and purposes thereof, like proceedings being taken as are or may be provided by the gen- eral laws of the state for opening highways, be common -(§ 473.) Sec. 12. Whenever the said boulevard or any part ami public. thereof shall be opened, either by grant or conveyance, or by pro- ceedings in invitum, the same shall, under such reasonable rules and , regulations as shall be adopted by the said board of boulevard com- missioners, be common and public for the uses and purposes of such boulevard. Line to be (§ 474.) Sec. 13. . The city of Detroit and the several townships first located. aforesaid shall exercise the power conferred upon them respectively by sections sixteen and seventeen of this act, when the line of the said boulevard shall have been established, and not before, and shall exercise such powers only when, and as long as some portion of the line of said boulevard shall be situated within the limits of said city or of said townships, respectively. Citvtopay (g 475.) Sec. 15. The common council of the city of Detroit expenses of shall have power to provide for the payment of the expenses of sur- veying, locating and establishing the line and limits of the said boule- vard throughout, and the expenses of making, recording and riling the necessary and proper maps or plats therefore as contemplated by City engineer to assist in this act. The common council may also require the city eugmeer of suryey and in' | making maps t jj e j tv f Detroit, and his assistants, to render such services and as- and plats. J sistauce to the said board of boulevard commissioners, and under the order and direction of the said board, as shall be necessary and proper in surveying, locating and establishing the line and limits of the said boulevard, and in making the maps and plats last aforesaid. CHAPTER XX. PUBLIC SCHOOLS. An Act relative to free schools in the city of Detroit. (Approved February 24th, 1869, and amended March 28th, 1873, March 11th, 1881, and June 8th, 1883.) (§ 476.) SECTION 1. The People of the State of Michigan enact , Organization That the city of Detroit shall be considered as one school district, and all schools now organized and hereafter to be organized therein, in pursuance of this act, shall, under the directions and regulations of the board of education, be public and free to all children residing within the limits thereof, between the ages of five and twenty years, inclusive. (§ 477.) Sec. 2. The board of education of the city of Detroit Board of Edu- shall consist of sixteen school inspectors, to be elected one from and cation, of whom to consist. by each ward in the said city at the spring election, held every alter- nate year, when judges of the supreme court are now required to be elected. At the spring election of the year eighteen hundred and eighty-nine, one inspector for each ward shall be elected. Those Terms of office, elected in the first, second, third, fourth, fifth, sixth, seventh and eighth wards shall hold office for two years only. Those elected from the remaining wards shall be elected for four years. At the expiration of the term of those elected for two years their successors shall be elected for a period of four years, and thereafter all mem- bers of said board shall be elected for a period of four years. The Votes cast. votes to be cast for such inspectors shall be deposited in separate 236 LAWS RELATING To THE CITY OF DETROIT. e - n iptbB 80 PUBLIC SCHOOl S. Manner of ballot boxes from those used for other than city officer's, and the elec. holding elections, etc. tion sliall 1)e j ieK1 an( j votes ( . anV assed in the manner provided by the laws governing city elections. The inspectors now in office shall cease to hold office, and their powers shall be vested in the new board aforesaid on the rust day of July, in the year eighteen hundred and eighty-nine. Vacancy, how (§ 178.) Sec. 3. In case of any vacancy or vacancies in the office of school inspector by death, resignation, refusal 1 to accept office, fail- ure to elect, or otherwise, the mayor may nominate and the common council may confirm the nomination of suitable persons to fill such vacancy or vacancies, and the person thus appointed shall hold office until his successor is elected, which shall be done at the next regular election for members of the board. (As amended by act approved March 6, 1889.) Penalty for (§ 479 ) Sec. 4. Every person elected to the office of school In- a1^nspfctor aCt spector, who, without sufficient cause, shall neglect or refuse to serve, shall forfeit to the Board of Education, for the use of the public library, the sum of ten dollars, to be recovered in an action of debt im some competent court; and the said board shall make all necessary rules and regulations relative to its proceedings, and punish, by fine not exceeding five dollars for each offense, any member of the board who may, without sufficient cause, absent himself from any meeting Proviso. thereof, to be collected as they may direct: Provided, That no person Further proviso shall be compelled to serve two terms successively; Provided, also, That the removal of any member of the Board of Education from the ward for which he is elected school inspector, after such election, shall not operate to vacate his office, but notwithstanding such removal, any inspector so removing shall continue to hold his said office to and be a member of said board. Provided, however, that the removal of such Proviso. member shall not be from the city. LAWS RELATING TO THE CITY OF DETROIT. 237/ PUBLIC SCHOOLS. CHAPTER 2 (t? 480.) Sec. 5. The school inspectors, together with the mayor Ex-ofticio members of and recorder of said city (who are declared to be cx-ojficio school in- ° ' spectors, having a right to a seat at the meetings of the board for the purpose of deliberation, but who shall have no vote therein), shall be a body corporate, to be known and distinguished by the name and style of "The Board of Education of the City of Detroit," and in that name, name may be capable of suing and being sued, and of holding and,, . , J ^ & & 6 Suits by and selling and conveying real and personal property as the interest of a?ainst- said free schools may require- (S 481.) Sec. 6. The Board of Education (a majority whereof Meetings of ^ ' \ J J board and shall form a quorum) may meet, from time to time, at such place in officers" said city as they shall designate. They may elect one of their own number president, and in the absence of the president at any meeting, a majority of the inspectors present may choose one of their number president pro tern. (§ 482.) Sec 7. The said board shall, at the first regular meet- Superintendent of schools, ing in July after the passage of this act, and on the first regular meet- ing in July of every third year thereafter, appoint a suitable person as superintendent of the public schools under their control, who shall hold his office for the term of three years, or until his successor shall be appointed and enter upon the performance of his duties: Provided, p. rov j SOi That if such appointment shall not be made at the first regular meet- ing in July, the same may be made at any subsequent regular meet- ing; but the term of office of the appointee shall commence and date from said first regular meeting in July: And provided further, That Further proviso the office of the present incumbent shall not be deemed to have been vacated by this act, but he shall hold his office until the first regular meeting iu July subsequent to the time when this act shall take ef- fect, or until his successor shall be elected and enter upon the per- formance of his duties. The superintendent shall receive such salary superintendent. -.V s LAWS RELATING TO THE CITY OK DETROIT. Cm \i'i EH 80. rrm.ir SCHOOLS. Secretary <>f board. Treasurer of board and duties of. Bonds of treasurer. as shall be fixed by the board: Provided, That the same shall not exceed four thousand dollars per annum. The said board may ap- point a secretary of said board, who shall hold his office during the pleasure of said board, or until his office shall otherwise become vacant. The board may prescribe his duties and compensation: Provided, That when the office of secretary and superintendent shall be held by the same person, he shall receive no compensation for his services as secretary. The board, if it deem it expedient, may direct the superintendent to perform the duties of said office of secretary,, and he shall thereupau be cx-ojficio secretary of said board. The said board shall also, at the same meeting in July, appoint a treasurer of said board, who shall have the keeping of all moneys belonging to said schools, and said treasurer shall not pay out or expend the school moneys without the authority of said board; and said treasurer shall also be required to give bonds, in such penal sum as the board shall deem necessary, for the faithful performance of his duties. Census, how taken. (§ 483.) Sec. 8. The board of education shall have full power The board to receive all and authority, and it shall be their duty to apply for and receive from moneys ap- propriated for tne coun ty treasurer or other officer, all moneys appropriated for rypurposes primary schools and Detroit library of said city, and to designate a place where the library may be kept. The said board shall have full power and authority to make by-laws and ordinances relative to tak- ing the census of all children in said city between the ages of five and twenty years. Said board may appoint one or more persons to take Annual re on such census, and may prescribe their duties and compensation. The childrenbe- said board annually shall direct their president and secretary, on be- tween the ages of 5 and 20>ears half of said board, to report to the common council of said city, on or in the city. prior to the fifteenth day of April in each year, the number of chil- dren in said city between the ages of five and twenty years; and such report shall be deemed conclusive, as to the number of such children,. for the purpose of taxation as hereinafter provided. Said board shall UWS RELATING TO THE CITY OF DETROIT. 239 PUBLIC SCHOOLS. CHAPTER 20 also have authority to make by-laws and ordinances relative to mak- By-laws and * ordinances, etc. ing of all necessary reports and transmitting the same to the proper officers, as designated by law, so that said city may be entitled to its proportion of the primary school fund; relative to visitation of schools; relative to the length of time schools may be kept, which shall not be less than three months in each year; relative to the em- ployment and examination of teachers, their powers and duties: rela- tive to regulation of schools, and the books to be used therein; rela- tive to the appointment of necessary officers, and prescribing their powers and duties; relative to anything whatever that may advance the interests of education, the good government and prosperity of the free 3chools in said city, and the welfare of the public concerning the same. (§48-4.) Sec. 9. The recorder's court shall have jurisdiction of Recorder's Court has juris- all suits wherein the said board may be a party, and of all prosecu- diction to try offenses arising } - A' tions for violation of its by-laws and ordinances. nances°of board (§ 485.) Sec. 10. The said board shall annually publish in some ^ nnual .... , , , statement. newspaper of the city (or pamphlet form), a statement of the number of schools in said city, the number of pupils instructed therein the year preceding, the several branches of education pursued by them and the expenditures for all things authorized by this act. (8 486.) Sec. 11. The Board of Education shall establish and Library Com- mission. maintain a district library: Provided, That the said Board of Educa- tion may, in its discretion, elect a board of commissioners of the pub- lic library of Detroit, to which it may transfer the care and custody of the funds and property of such district l'brary. Such board of com- missioners shall not be members of the Board of Education, except in the cases hereinafter mentioned, and when elected shall be clothed I,owers anJ duties. with all th<' powers for the management and control of the library now vested in the Board of Education, and shall consist of six members, 2 [O k'i\ \ri i k 20. Term of. Vacancies how Tilled. Tax for libnir purposes. Treasurer of. Public library building. LAWS RELATING To THE CITY OF DETROIT, ri m u SI HOOl S. who shall be elected by the Board, ard shall hold their office lor six years, except thai the members of the first board shall be chosen for the terras of one, two, three, four, live and six years, respectively. Of this hoard of Commissioners the president of the Board of Educa- tion shall be a member ex-ojficio, and it shall make annual reports to the Hoard of Education of the condition of the library and its funds. ( >ue member of such board of commissioners shall be elected annu- ally in place of the member whose office expires in that year, and vacancies for any cause may be filled at any time by the election by the Board of Education of a person or persons to fill such vacancy. Such board shall be known as the "Detroit Library Commission," and may in that name exercise control over the library and all funds and property connected with or belonging to it. A special library tax of one-fifth of one mill on the dollar on property assessed for city pur- poses shall be levied each year with the other city taxes and paid over to said commission. The treasurer of the Board of Education shall be ex-ojficio treasurer of said Commission, and hold moneys belonging to the library fund, or to said commission, subject to their disposal. Such commission may appoint, remove or otherwise control, all per- sons employed in such library, and fix their compensation from time to time, in th^ir discretion, and may appoint such officers as they see fit for their own business. (As amended March 11, 1881.) (§ 487.) Sec. 12. For the erection of a public library building on any land now owned or leased; or which may hereafter be owned or leased by the board, the board shall first cause to be submitted to the citizens' meeting of said city, or any board or body created and vested with the powers of finally approving the estimates of the gen- eral taxes of the city and determining the amount thereof, a statement of the estimated expense of such building, and its fixtures and furni- ture, not exceeding one hundred and fifty thousand dollars, together with the amounts which it is deemed expedient to be raised during LAWS RELATING TO THE CITY OF DETROIT. 24 1 PUBLIC SCHOOLS. CHATTER 20 «ach year for a period not exceeding three years, to defray the cost of such building, fixtures and furniture. Said meeting, board or body shall thereupon proceed to consider said estimate, and may reduce the amount to be raised in any one year, or it may reduce the total amount or the time of raising the same beyond the three years ; or, said estimate may be rejected altogether. If a majority of such meeting, board or body shall consent to levying the amounts specified in said estimate, or any part thereof, and the board of education shall, within one week thereafter, file its acceptance thereof with the clerk of the said city, the common council shall direct the same to be levied, assessed and collected in such amounts during the respective year as said meeting, board or body shall have given consent therefor, and in like manner as other general taxes are levied, assessed and collected: Provided. That it shall be competent for the common council to proviso. issue the bonds of the city for the whole or part of the amount as aforesaid consented to by said meeting, board or body; said bonds to run not more than twenty years, but to be payable at any time after five years, and to bear interest at the rate of seven per cent per annum: And provided, further, That in case said bonds are issued, Further pr0 viso the common council shall provide for the payment of not less than five per cent, of the same per annum. All moneys realized from the Moneys to be issue and sale of said bonds, or from any tax levied and collected in } ir "erof Board", pursuance of the provisions of this section, shall be paid to the treas- urer of said board of education for the purposes hereinbefore men- tioned. (§ 488.) Sec. 13. It shall be the duty of the board of education of said city to annually make an estimate of the amount of taxes Annual esti- mates made •deemed necessary for the ensuing or the current year, for all pur- by Bo:ml - poses of expenditure within the power of said board, which estimate shall specify as near as may be the amounts required for the different ■objects of expense, including teachers' salaries, purchase of lots for :\: LAWS RELATING TO THK CITY OK DETROIT. CH wi kk '20. ii r.i IC S< HOO] S, buildings, repairs, fuel, and general current expenses; and shall Sub in common coun- cause said estimate to be laid before the common council of said city cil ; when. on or before the fifteenth day of April in each year; and it shall be the duty of the said common council to place upon the general city Placed on tax roils. tax rolls in said city, and cause to be levied the same as other city taxes, the amount of such estimated expenditures, excepting for pur- chase of lots and erection of new buildings, with the necessary out- houses, fixtures and furniture; which tax roll shall be collected the same as other taxes raised to defray the general expenses of the city; and said money shall be disbursed by authority of said board of edu- cation for the maintenance of said schools, and for no other purpose. per capila Provided, That the amount of said estimate and tax shall not be less than four dollars for every child in the city between the age of five and twenty years. The number of children to be ascertained by the last report on that subject, which may have been made to the com- mon council of said city by said board of education, as provided by Proviso; this act: Ami provided further, That if the amount of any such per capita tax. estimates shall exceed five dollars for every such child, the common council may approve or disapprove of such excess or some part there- of; and only that portion of such excess as shall be so approved by said council shall be so levied and assessed. Estimates for § 489.) Sec. 14. It shall be the duty of said board to transmit purchasing lots and fo buildings. lots and for to the common council of the city of Detroit, on or before the fifteenth day of February in each year, an estimate of the amount of moneys which said board may deem necessary for the purchase of lots and the paying for lots already purchased for the use of the free schools of said city, and for the purpose of erecting school houses, with the necessary fixtures and furniture, on any lot now owned by said board, or which said board may hereafter acquire; and the common council Taxation for b^ldmes ' sna ll cause to be levied and collected, in addition to all other taxes authorized by law to be assessed in said city, the amount of moneys LAWS RELATING TO THE CITY OF DETROIT. 243 PUBLIC SCHOOLS. CHAPTER 20 mentioned in said estimate, or such part or portion thereof as the common council may approve. And the said tax when levied and collected shall be paid to the treasurer of said board of education for the purpose hereinbefore stated: Provided, That it shall be com- common coun- petent for the common council of the city of Detroit to issue the bonds Inlfeu of taxation. bonds of said city for the whole or any part of the tax authorized by this section to be levied and collected. Said bonds to be payable at the expiration of thirty years and bear interest at a rate not exceeding four per cent: Provided j 'urther, That the levying of said tax shall ^ . Estimates of be submitted to the board of estimates of said city, and only such submitted^ part or portion of the estimates of said board of education as afore- estimates. said as shall be approved by the board of estimates shall be levied and collected as aforesaid, but the sum of money to be assessed, levied and collected in said city in the year eighteen hundred and ninety-three, eighteen hundred and ninety-four and eighteen hundred and ninety-five, respectively, for the purposes mentioned in this section, shall not be less than one hundred and fifty thousand dollars in each year. In addition to the issue of bonds hereby authorized, the common council are hereby authorized to at once issue the bonds of said city for the sum of three hundred thousand dollars, pavable Bonds for ' ^ J $300,000. at the expiration of thirty years, and bearing interest at the rate of four per cent, and the said sum of money when received thereon shall be paid to the treasurer of said board of education, in lieu of the moneys whieh were voted by the common council and approved by the board of estimates, to be raised by issue of bonds for the purposes mentioned in this section for the year eighteen hundred and ninety- two, as provided by said act number three hundred and ninety-seven, of the laws of eighteen hundred and ninety-one. (As amended by act approved May 23, 1893.) (§ 490.) Sec. 15. Repealed by act approved May 23, 1893. -Ml LAWS KKI.ATINC. TO Til)': CITY OK DETROIT. •-'II MM I R 'JO. Recei\ ri of i.i ses notifies amount oi schoo' tax collected. ri in u SCHOOLS. (§ 191.) Sec. Hi. When the collectors of the said city shall have made their final returns of the collection of taxes, the receiver of taxes of said city shall thereupon notify the secretary of said board of education, stating the whole amount of school tax provided for in this act, the amount collected, and the amount returned to them a3 unpaid or uncollected. (is 402.) Skc. 17. The citv treasurer shall, on the order of the City ["reasurer said board, pay to the treasurer of the said board of education, the t rcusurer i > f board. moneys accruing from the taxes provided for in this act, for the sup- port of the said free schools, taking his receipt therefor, indorsed on the back of the president's order, and also a duplicate receipt, which he shall file with the secretary of the said board. School tax to (§ 493.) Sec 18. That all taxes which have been or may here- j^ x S roiis ate 1 a ^ter be assessed and levied by the common council, under and by virtue of the authority conferred by this act, shall be set forth in the assessment roll of said city, in a separate column, apart and dis- tinguished from all other city taxes. Boaul may borrow for temporary purposes. Non-resident paying taxes may send children to public schools. (§ 494.) Sec. 19. The said board of education may, from time to time, on such term or terms of payment as they may deem proper, borrow a sum or sums of money for temporary purposes, not exceed- ing in all the sum of fifteen thousand dollars ($15,000), for the pur- poses of the free schools, as specified in this act, and to issue the bonds of said board in such form, and executed in suc*h manner as said board may direct. The bonds issued under this act shall be a charge upon all the property of said board, which shall constitute a security for the payment thereof: Provided, That the said board shall issue no bond for a less sum than five hundred dollars ($500). (§ 495.) Sec 20. Any non-resident actually owning or occupy- ing real estate within the city of Detroit, and paying school taxes thereon, may send any scholars who are members of his own family EAWS RELATING TO THE CITY OF DETROIT. 245 PUBLIC SCHOOLS. CHAPTER 20 to the schools of said city, under such regulations as the board of education may adopt, and the school taxes thus actually paid shall be deducted from the charge of tuition which may be established for non-resident pupils. (§ 496.) Sec. 21. All acts or parts of acts inconsistent with this Acts repeated act, heretofore passed, pertaining to the said free schools of the city of Detroit, are hereby repealed. There shall be added to said act new sections, as follows: (S 497.) Sec. 22. The common council of said city of Detroit Common vo ' Council may shall have power to pass ordinances providing for the maintenance of ordfnances'to preserve peace good order in the public schools of said city, and to prevent any in schools, etc. noise, confusion or disturbance in or about the same, and to enforce all reasonable rules and regulations of said board relating to the same matters; also, to prohibit and prevent the defacing, injury, or destruc- tion of any buildings, furniture, fences, or other property belonging to or used by said board of education. (§ 498.) Sec 23. No inspector shall receive any compensation Not to receive compensation during his term of office, either as inspector or for services rendered ? r be interested in any contract. to the board in any other capacity or manner; and no inspector shall be interested directly or indirectly in any contract made by said board on its account. (As Amended March 11, 1881.) (§ 499.) Sec 24. The board of education of the city of Detroit Board of may, when so authorized by a majority vote of its members, submit Education may submit any to the qualified voters of the school district comprising the citv of n,eas " re ?* 1 o J question 10 r. . .. A . ... qualified voters. Detroit, any measure or question not coming under its general power or authority for adoption, which said board may deem just and proper toward the prosperity of, and the advancement of education in the free schools of the city of Detroit; including the submission of the question of the use of free text books in the free schools of said city. Upon the adoption of any such measure or question by said board, as -\}<> LAWS RELATING TO THE CITY OF DETROIT. C'M U'l'IH 20. 1'IHI.U s, 111.01 s. aforesaid, or the adoption of free text books, by the majority vote of said board, said board shall submit said measures or questions to the qualified voter of said school district, at the next ensuing annual city election, and said qualified voters shall be entitled to vote upon any such measures or questions as aforesaid at said city elections: Proviso. Provided, That the secretary of said board of education shall file with the city clerk of Detroit a notice in writing of the adoption by the majority vote of said board, of any such measure or question, to- gether with a draft in writing of the form and purport of said measure or question to be so submitted to said voters for adoption or rejection. Said notice to be under the seal of said board, and to be so filed with the said city clerk at least twenty days before any such election. Upon the receipt of said notice, said city clerk shall cause the same to be published in accordance with the laws of this state applicable to and governing annual city elections in said city of Detroit, Manner of The manner of conducting said elections, the method of sub- conductins; elections, etc. mitting said methods or questions and the voting upon the same, the keeping of the poll list, the canvassing of votes, the certifying of re- turns upon the same, and all other proceedings connected with the practicable submission of said measures or questions, including the providing of, the printing and delivery of, and the distribution of ballots, shall be the same, as nearly as may be, and as now is, and as hereafter may be provided for by the laws of this state governing city elections: Provided further, That any such measure or question submitted, as aforesaid, to the electors of said district, shall be placed on a separate ticket or ballot, and the same deposited by the in- spectors of election in separate ballot boxes to be provided by the city of Detroit for that purpose, and the clerks of election shall make a separate poll list, which shall contain the names of all women vot- ing at said election upon such measures or questions. If a majority of the qualified electors of said districts so vote in favor of the fur- LAWS RELATING TO THE CITY OF DETROIT. 247 pt iii.k s< KOOLS. Chapter 20 nishing of free text books by said board in said district, said board of education shall have full power and authority, and it shall be its duty, to advertise for bids under the rules an passed and adopted, and if after such reconsideration two-thirds of all the members elected to said board shall agree by ayes and nays, which shall be entered of record, to pass or adopt the same, it shall go into effect. The secretary shall, at the time of presenting any Secretary to make certificate resolution or proceeding to the mayor, make a certificate in which he of presentation of proceedings s ^ a \i specify the day on which the same was so presented, and such to mayor. r j j * certificate shall be reported to the said board and recorded in the pro- ceedings of said board. (Added by act approved May 23, 1893.) LAWS RELATING TO THE CITY OF DETROIT. 249 public s< hooi s. Chapter Z9 ENLARGING AND IMPROVING THE LIBRARY BUILDING. To authorize the city of Detroit to raise money for the purpose of enlarging and improving the public library building in said city. (g 502.) SECTION 1. The People of the State of Michigan enact, That the common council of the city of Detroit be and it is hereby Common authorized and empowered to borrow a sum of money not exceeding Council e J ° authorized to one hundred and fifty thousand dollars on the faith and credit of said 1SSI city, and upon the best terms that can be made, and to issue the bonds of said city to an amount not exceeding that sum, pledging its faith and credit for the payment of the principal and interest, but said bonds shall not be negotiated at less than their par value. Said bonds shall be denominated " Public library bonds of the city of Detroit," shall be regularly dated and numbered in the order of their issue: shall be for sums not less than five hundred dollars each; shall bear interest not exceeding six percent per annum; shall be payable in not exceeding twenty years from date, and shall be issued under the seal of the corporation, signed by the mayor and countersigned by the controller. The controller shall keep an accurate record of said controller to keep accurate- bonds, showing the class of indebtedness to which they belong, the record of said bonds. number, date, and amount of each bond, its rate of interest, when and where the same is payable and the person to whom it is issued. No bond shall be issued under this act until the issue of the same shali have been authorized and approved by the board of estimates of the city of Detroit. 250 LAWS RELATING TO THE CITY OF DETROIT. CH \rn K 20. ri'HI tc *c s, Common coun- i§ .>():?.) Sec. 2. The common council shall have power, in cil may raise * ' taxation. 3 ' ,s discretion, to raise the sum of money above mentioned, or such part thereof as it may deem advisable for the purposes herein set Proviso. forth, by taxation: Provided, That the amount levied in any one year shall not increase the total city taxes levied for that year beyond the limit provided by the charter of the city of Detroit. In case the common council shall decide to raise said money by taxation, instead of by loan, such tax shall be levied and collected in the same manner as city taxes are usually levied and collected. All mom ys to to be paid to (§504.) Sec. 3. All moneys raised under this act, whether by -city treasurer. loan or taxation, shall be paid to the city treasurer and be credited to the "Public library building fund; - ' shall be applied exclusively to the purpose of enlarging and improving the present public library building in the city of Detroit, and shall be drawn from the city treas- ury on the order of the "Detroit library commission," in the same manner, as near as may be, as moneys are now drawn from the De- troit fire commission fund, for the use and purpose of the board of fire commissioners of said city. This act is ordered to take immediate effect. Approved April 26, 1893. CHAPTER XXI. BOARD OF WATER COMMISSIONERS. An Act to amend the laws relative to supplying the city of Detroit with pure and wholesome water. (Approved February 14th, 1853. Laws of 1853, p. 180.) (§ 505.) SECTION 1. The people of the State of Michigan enact, Bo ard of water That the successors now in office of Shubael Conant, Henry Ledyard, C ° Edmund A. Brush, William R. Noyes and James A. Van Dyke, the original board of water commissioners of the city of Detroit, are here- by named, constituted and continued as a board of water commis- sioners of the city of Detroit, They and their successors in office shall be known by the name of "the board of water commissioners of the city of Detroit," and in their corporate name are hereby em- powered to take and hold by purchase, gift, devise, bequest or other- Board author- lzed to hold wise such franchises and real and personal property, either within or real estate - etc - without the limits of said city, as may be needful or convenient for carrying out the intents and purposes of this act, and to sell and con- vey or lease the same whenever required by the interests of the city; to make contracts; to establish all reasonable rules and regulations; to protect the rights and property vested in the board, and to aid it in the performance of the duties imposed upon.it. The board may Board to adopt seal, etc, adopt and have a common seal, and may sue and shall be subject to be sued in all courts of record in like cases as natural persons. The Property held by bond exempt property of the board, whether within or without the limits of the flo,n tax ' ete - •city of Detroit, shall be exempt from all taxes and assessments of 252 CHARTER OF THE CITY OF DETROIT. Chapter SI. board oi water commissioners. every kind. No writ of attachment or writ of execution shall be levied upon the property of said hoard. The late Chauncey Hurlbut, for many years president of said hoard, having by his last will and testament devised and bequeathed a large portion of his estate to trustees for the benefit of said board of water commissioners, and under which will the income of said estate is to be applied and used by the said board of water commissioners, as more particularly ex- pressed in said will, in furtherance of the objects of incorporation of said board, and the effect of which will be to benefit the large num- ber of people residing, or who may hereafter reside, in the city of De- troit and vicinity, and to lessen their burden of government; now, Board to use therefore, the said board of water commissioners are hereby author- certain property iievised fonts ized and empowered to receive and accept all the benefits that they may derive from said will, and to use, disburse and expend all the property, estate or money that they may receive thereunder according to the beneficent intent and purpose of said Chauncey Hurlbut, de- ceased, as set forth in his said will and the codicil thereto, reference to which, as the same may be found in the files and records of the pro- bate court for the county of Wayne, in this State, is hereby made.* (As amended by act approved June 24, 1887.) i\rm of office. (g 506.) Sec. 2. The said commissioners shall hold their offices respectively for the term of three, four, five, six and seven years, from the first Tuesday in May of the year one thousand eight hundred and fifty-three. Said commissioners shall, within sixty days after the pas- sage of this act, decide by lot their respective terms, which decision shall be notified by a written statement to the common council of said city, which shall be entered of record on the books of the said com- mon council; and at their first regular meeting in the month of April in the year one thousand eight hundred and fifty-six, and annually thereafter, the said common council shall elect and appoint a citizen f -See note 19, Appendix. LAWS RELATING TO THE CITY OF DETROIT. 253 BOARD OF WATER COMMISSIONERS. CHAPTER 21 ■of said city, being a qualified voter and a freeholder, as a commis- sioner, who shall hold his office for five years from the first Tuesday in the May next following: Provided, That this section shall not be Proviso. so construed as to disqualify any member of the said board for re- appointment. And in case of the death or resignation, or removal Vacancv . . how rilled. trom the city, of any of said commissioners, the common council shall, as soon thereafter as possible, appoint to fill such vacancy, for the remainder of the term, some citizen of said city, being a qualified voter and a freeholder. (S 507.) Sec. 3. The said commissioners shall choose one of President "* " and secretary. their own number as president, who shall hold his office until the first Tuesday of May next ensuing the date of his election; they shall also appoint some suitable person as secretary, who shall hold his office at the pleasure of the board. And in case of the death, resignation or removal from the city of the president, the said commissioners shall have power to fill the vacancy so happening as in the first instance. (2 508.) Sec. 4. The said commissioners shall have power to loan, from time to time, upon the best terms they can make, after "orcis giving public notice by advertising in the city papers for sixty days, and in one paper in Boston and two in New York, for such time as they shall deem expedient, a sum of money not exceeding two hun- dred and fifty thousand dollars, upon the credit of the city of Detroit, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds, which bonds shall issue under the seal of said board of com- missioners, and shall be signed by them, or a majority of them, and bearing interest not exceeding eight per cent per annum. And it Registry of bonds. shall be the duty of said commissioners to cause to be kept an ac- curate register of all bonds issued by them, showing the number, date, and amount of each bond, and to whom the same was issued; and it shall also be their duty to cause to be furnished to the Power to loan money on 254 I.WVS RELATING TO THE CITY OK DETROIT. Chapti R -I HOAKI) OF WATER I OMM1SSIONKKS. Copj furnished auditor of said city a copy of such register, as soon as the same is- iiiade, which shall be preserved by said auditor, and copied into the records of said city. Supply of (J 509.) Sec. 5. It shall be the duty of said commissioners to examine and consider all matters relative to supplying the city of De- troit with a sufficient quantity of pure and wholesome water, to be taken from the Detroit river, or such other source as may be deemed expedient, for the use of its inhabitants. Power to em- ploy superin- tendents, etc. Commissioners not to receive compensation. Duty of Board to erect and maintain water works, etc. Power to pur- chase real estate. (§ 510.) Sec. 6. Said commissioners shall have power to employ superintendents, clerks, collectors, assessors, engineers, surveyors and such other persons as, in their opinion, may be necessary to enable them to perform their duties under this act, and to specify the duties of such persons so employed, and to fix their compensation; Pro- vided, That in no case shall said commissioners receive, directly or in- directly, any compensation for their own services. Q 511.) Sec. 7. Said commissioners shall have power, and it shall be their duty at all times, whenever the necessary funds are pro- vided, to erect and maintain, within or without said city, such reser- voirs, buildings, machinery and fixtures, and to lay such pipes and construct such aqueducts and other works, and secure and maintain the same as shall be required to furnish a full supply of water for public and private use in said city, and to conduct, discharge, dispose of and distribute the same. The commissioners may take by gifts, purchase, lease or otherwise, as hereinafter provided, and hold such real and personal estate, and create such rights therein as may be necessary for the purposes aforesaid. Whenever any lands are taken by said board without the consent of the owner, as hereinafter pro- vided, the commissioners shall cause to be recorded, in the office of the register of deeds of Wayne county, a certificate, giving the name of the owner (if known) at the time of such taking, and a sufficiently I-AWS RELATING TO THE CITY OF DETROIT. 255, BOARD OF WATER COMMISSIONERS. CHAPTER 21 certain description of such land. Whenever pipes, aqueducts or other Pipes laid through pri- works are laid or constructed by the board beneath the surface of the val f.F°P e rty; ccrtiticiitc to soil belonging to any person or private corporation, the commission- record. ° ers shall in like manner cause to be recorded a certificate containing the name of the person or corporation (if known) owning the soil at the time such pipes, aqueducts or works are laid or constructed there- in, a brief description of the land in which they are situated, their general character and direction, and such further statements thereof as shall enable persons to determine their location with reasonable certainty. Such certificates shall be signed by the president and sec- retary of the board, and recorded and indexed as deeds, in which the owner of the land is grantor and the board of water commissioners of the city of Detroit is the grantee. The record thereof shall be deemed Effectof record. public notice of all matters therein contained. The register shall re- ceive the usual fees for recording such certificates. (As amended by act No. 359, Session Laws of 1873.) (§ 512.) Sec. 8. The commissioners shall also provide and erect Fire hydrants. nre hydrants, at such localities in said city as may be deemed neces- sary, aDd ordered by the fire commission or the common council of said city: Provided, That the expense thereof shall be paid from Yroviso. the funds of said fire commission when their erection is ordered by the fire commission, or from the appropriate fund of the city when ordered by the common council; and, for the purposes of this act, to conduct pipes, aqueducts or other works over or under any water course, or under any street, alley, turnpike, road, railroad, highway or streets' h? laying other way, within or without the city of Detroit, but in such a man- P ' PeS ner as not to unnecessarily obstruct or impede travel thereon; and they may at all times enter upon and dig up, with like restrictions as to travel, such street, alley, road or way, to lay such pipes, or con- struct such aqueducts and other works beneath the surface thereof, and to maintain and repair, or renew the same, returning the street, 256 CAWS RELATING To 'nil'. CITY OF DETROIT. Chap i i r SI, Drinking fountains BOARD 01 w.\ 1 EB i OMMISSIONERS. Vssessment < water rates. Lien on premises. alley or way to its former condition so far as may be. The commis- sioners may erect drinking hydrants for public use to each block in said city, and keep the same in repair; and, with the consent of the common council of the city, they may also erect fountains in such public grounds of the city as they deem expedient. (As amended by Act No. 350, Session Laws of 1873.) ('/ 513.) Sec. 9. Said commissioners shall, from time to time, cause to be assessed the water rate to be paid by the owner or occu- pant of each house or other building having or using water, upon such basis as they shall deem equitable; and such water rate shall be- come a continuing lien, until paid, upon such house or other building' and upon the lot or lots upon whicb such house or other building is situated. Power to make by-laws for the collection of water rates. Sale of property for non-payment of water rates Record of proceedings. Report to com mon conneil. (§ 514.) Sec. 10. Said commissioners shall have full power to make and enforce all necessary by-laws, rules, and regulations for the col- lection of said water rates, either by the appointment of collectors to demand the same, requiring payment as the office, shutting off the water, or by a suit at law before any court of competent jurisdiction, or by the sale of the lot or premises upon which such rates shall have become a lien: Provided, That such sales shall be conducted in the same manner, and shall have the same force, virtue and effect of sales of lots delinquent for city taxes: And provided, further, That the attempt to collect the said rates by any process above mentioned shall not in any way invalidate the lien upon the lot or premises. (§ 515.) Sec. 11. The said commissioners shall cause to be kept an accurate record of all proceedings, together with a list of all assessments for water rates, which shall be subject to inspection at all times. (]| 516.) Sec. 12. It shall be the duty of said commissioners to make a report to the common council of said city annually, which re- LAWS RELATING TO THE CITY OE DETROIT. 257 BOARD OF WATER COMMISSIONERS. CHAPTER 2\ port shall embrace a statement of the condition and operation of the works, a statement of the funds and secureties of said board, and all debts due and owing to and from said board, together with an accurate account of their expenses: which statement shall be certified by said commissioners, and shall be entered of record by the clerk of said city, and published in such manner as said common council may di- rect. (§ 517.) Sec. 13. Whenever the receipts of said board, from Surplus fund- to be invested, water rates, or other sources, shall accumulate so that there shall be a surplus, amounting to a sum of not less than five hundred dol- lars, and needed for the payment of the current expenses, or the ex_ tension of said works, it shall be the duty of the commissioners, to- gether with the auditor of said 4 city, who shall be associated with them for that purpose, to invest the same in some safe stocks, or upon other real or personal securities. Such investment shall be made in the name of said board, and in such manner as to make the same available for the payment of interest and principal of the bonds is- sued as aforesaid, as soon as may be. It shall be the duty of said Payment of commissioners to pay the interest on such bonds, and as fast as such Interest " d surplus fund will permit, also the principal, as the bonds become due, as funds for such purpose shall, from time to time, accumulate. The said commissioners may, when they have funds for that purpose, pur- chase the bonds so issued as aforesaid, whether the same have become due or not; and in case the said commissioners shall at any time not have funds on hand sufficient to meet any of the said bonds at the time when they shall become due, they shall have the right to issue New bonds may be issued new bonds, for such amount and on such time as they shall deem ex- pedient, in the place of the bonds so becoming due as aforesaid; the Old bonds said old bonds to be canceled in the registry thereof, and the said new canceled and new bonds bonds to be recorded in the manner hereinbefore provided. registered. Purchase of bonds. 258 LAWS RELATING 10 THE CITY OV DETROIT. Chapter 21. board 01 water commissioners. Oatho* (8 518.) Sec. 14. Before entering upon the duties of their office. Commission. said commissioners shall each take and file with the city clerk an oath or affirmation, similar to that provided in the case of other officers of said city. Mains laid (§ 519.) Sec. 15. The material of all pipes, aqueducts and other through private premises to works laid or constructed above or beneath the soil of any person or remain property J ' private corporation, shall be and remain the sole property of the board, and subject to its exclusive control and management, and no person shall interfere or meddle therewith without the written assent of the board, signed by its president and secretary. (As amended by Act No. 359, Session Laws of 1873.) Commissioners (§ 520.) Sec 10. Any member of said board of commissioners may at any time be removed, by a vote of two-thirds of the members elect of the common council of said city, for sufficient cause, and the proceedings in that behalf shall be entered on their journal: Pro- vided, That the said common council shall previously cause a copy of < opy ' 'f charges to be the charges preferred against the commissioner sought to be removed, served. and notice of the time and place of hearing the same, to be served on him ten days, at least, previous to the time so assigned; and in case of such removal, the common council shall, at their first regular meet- ing, or as soon thereafter as may be, appoint some person, being a citizen and a freeholder, to fill such vacancy, and the person so ap- Vacancytobe pointed to till such vacancy may continue in office for the period his predecessor had to strve. (§ 521.) Sec. 17. The commissioners, and under their directions,. Privi e purposes. and for maintaining their pipes, aqueducts and other works, and do- ing any other act necessary, to carry into effect the purposes herein LAWS RELATING TO THE CITY OP* DETROIT. 259 BOARD OF WATER COMMISSIONERS. CHAPTER 21 expressed. They may also agree with all persons interested in pri- Compensation for use of pri- vate property as to the compensation to be paid for damages thereto vate P ro P ert y- by their own acts or the authorized acts of their agents and employes. Upon such agreement being made, the board shall forthwith pay the amount agreed upon. (As amended by Act No, 359, Session Laws of 1873.) (2 522.) Sec. 18. The board shall have the power to take in fee Power to take land in fee or or enter upon and use private property or land, within or without the for special purposes. limits of the city of Detroit, for the purposes specified in this act. In case all the persons interested in said property or lands, and the com- missioners shall not be able to agree upon the compensation to be paid for such taking, or for such entry upon and use of said lands for the laying of pipes and the construction of aqueducts or other works beneath the surface thereof, and maintaining and renewing the same when necessary, the commissioners shall tender, or cause to be ten- dered to said persons severally, such sums of money as the board shall deem a just compensation therefor; and the acceptance of the money so tendered shall be a bar to any subsequent claim of compen- sation for such taking or for such entry and use. But if any of said Proceedings when Board persons shall not accept said money, or if any of them be infants, in- a,ld owner cannot agree sane, residents without the State, or unknown, the commissioners, by "elation* themselves or by attorney, shall present to the circuit court for the county of Wayne a petition in the name of the board, setting forth a description of the several parcels of property which they seek to ac- quire, and of the lands upon which they demand the right of entry and use as aforesaid, and for which said tender has been refused; the amount tendered for each parcel, and the date of tender; the names of the persons interested therein, and their residences; who of .-aid parties are infants, and their ages, if known: who are insane; who are non-residents, and who are unknown, and the character of their several interests so far as the commissioners can discover; whether 260 i.wvs RELATING To THE CITY OF DETROIT. Chapter 81. board of water commissioners. title to the same is sought by the board, or merely the right of entry Jury to K ,edl and use for the above-mentioned purposes. The petition snail also demand a jury to determine the necessity of taking said property, or of entering upon and using said land therein described, and the com- pensation to be paid to the several persons therefor, and shall be veri- Petition to be > served on fied by the oath of one of the commissioners. Before such petition is persons interested. presented to the court, a copy thereof shall be served upon all persons named therein whose interests will be affected by said proceeding. The copy of the petition so served shall be accompanied by a brief notice, directed to sa r unknown, legal service may be had upon him or them by notice pub- lished semi-weekly for three suocessive weeks, immediately preced- ing the presentation and application, in two daily newspapers in said city. The notice shall be directed to such person or persons (if known), and shall briefly describe the property or land to be affected by the proceeding, whether the title in fee to the same is sought to be acquired by the board, or if so, to what part or portion, or merely the right of entry upon and use of land for the purpose of laying pipes or constructing aqueducts or other works beneath the soil, and main- taining and renewing the same when necessary. The notice shall also state when the petition will be presented to the court and appli- cation for jury made. When such ion-resident or unknown person EAWS RELATING TO THE CITY OK DETROIT. 261 HOAKD OF WATEK COMMISSIONERS CHAPTER 21 has an acknowledged agent of the property or laud residing and Service on a & ° i f j resident agei present in this State, personal service of a copy of the petition and n^ticefe? 01 * 111 principal, notice accompanying the same may be had upon the agent instead of said publication, in which the same time before said presentation and application shall be allowed to his principal as though he resided more than one hundred miles from said city, but within the State. The practice in making the service in this section directed, shall, ex- Service of pro- cept as herein otherwise provided, be as prescribed by section twenty- [^same'sis be under gfenernl four hundred and eighteen of the Compiled Laws of 1871. Service statute. of such other papers as may be necessary in the proceeding, and not hereby provided for, shall be made as directed by the court. The Guai .d ians for court shall also appoint special guardians of infants or insane parties, when they have no general guardian. (As amended by Act No. 359, Session Laws of 1873.) (g 523.) Sec. 19. On presenting such petition to the court, at the Presentation of time appointed, together with due proof of service of copies thereof' s^seuuent 1 .. ..,,.,. -,,, , • proceedings and notice as hereinbefore directed, all persons whose estate or in- thereon, terest in said property or land are to be affected by the proceedings' whether named in the petition or not, may show cause why the de- mand for a jury should not be granted, and the court shall hear the proofs and allegations of the parties. If no sufficient cause be shown against granting such demand, the court shall immediately make an order to summon twelve freeholders of said county to ascertain and determine the necessity of taking such property by the said commis- sioners, or of entering upon and using said land for the purposes aforesaid, and to appraise and determine the compensation to be al- lowed therefor; and thereupon the court shall direct the sheriff of said county to make a written list of twenty-four freeholders of the jr^vn'and of whom county, and otherwise qualified to sit as jurors, and residing not more composed. than ten miles from the property or land to be affected by said pro- ceedings. Before making such list the sheriff shall be sworn by the i.wvs RELATING T<> THE CITV OB DETROIT. ChAPTKI BOARD Ol water commissioners. court to select such persons according to his best judgment, and with- out favor or partiality to either party. From such list the commis- sioners, or their attorney, may strike off six names, aud the persons interested in said lands or property six names, and in case either of them refuse to do so, or none of said persons interested are present by themselves or by attorney, the court shall strike from said list six Venire to issue. , . . . ,, . . . .. names, so as to leave only twelve names thereon. A venire in the usual form shall then issue from said court, containing the twelve names remaining on said list, and commanding the persons therein named to appear as jurors at the Wayne county court room at a time Service of venire. uo t; less than five nor more than ten days from the date of said venire which shall be served by the sheriff at least two days before the re- turn day thereof ; service and return of said writ shall be made as in other cases. If, at the time and place specified in the venire, any of the persons named therein fail to appear, or if, of those appearing, anv be found exempt, or shall be excused by the court, or be rejected on challenge (the right to challenge for cause being hereby reserved' as in other cases), the court may direct the sheriff to forthwith sum- mon as many persons qualified to act as jurors not being rejected on challenge for cause, or excused, as may be necessary. The court Fine for failure to respond to shall impose a fine of not less that three dollars on any person duly summons. summoned as a juror and failing to attend, unless satisfactory reason for such failure shall be shown. The jury being so impaneled as above provided, shall then be sworn to discharge their duties faith- fully, impartially, and according to the best of their ability. No view of the premises to be affected by the proceedings shall be neces- sary, unless the j ury desire it, or a demand therefor be made by some of the parties, in which case the jury shall proceed to view said aneTiJe SSioners P reraise8 under charge of the sheriff, as in other cases where a view to accompany is permitted or ordered by the court. None of the commissioners or jury. persons interested, or their attorneys or agents, shall be allowed to ac- LAWS RELATING TO THK CITY OF DETROIT. 263 BOARD OF WATER COMMISSIONERS. CHAPTER '-!1 company said jury. A plat of said property, when capable of being platted, showing' the portion to which the title in fee is sought to be acquired by the commissioners; or (where only the right of entry thereon and use for the purposes above stated is sought) showing the location of the pipes, aqueducts, or other w T orks proposed to be laid or constructed beneath the surface thereof, made and certified by the official surveyor of the board (if there be such surveyor) or by the surveyor of said city, shall be placed in the hands of the jury for their inspection. Immediately after such view is had, or, if there be Proceedings none, then after the jury is sworn,, if no adjournment for good cause of i ul >- be granted, they shall proceed at the bai of said court, and, and in its presence and under its direction as to matters of law, to hear and try all questions of fact as to the necessity of the taking of said property by the board, or of the entry upon by the commissioners, and using said land for the purposes aforesaid, and to dotermine according to their best judgment the just compensation to be paid therefor to the several parties interested. The commissioners shall have the right to open and close the case, and the court shall charge the jury as to such matters of law as shall be deemed necessary. The jury shall then re- tire for deliberation upon their verdict to be rendered, and shall re- main together until they agree as to the question of necessity of tak- ing or of entering upon and using said property or land, and if such necessity be found, then as to the amount of compensation to be paid to the several persons interested therein: Provided, That the court Proviso. may in its discretion discharge the jury if it shall become apparent that they cannot agree. When the jury have agreed upon their ver- verdict of Jury. diet, they shall render the same in open court, and it shall he recorded by the clerk, and in their presence, and the same being read to them the jurors shall severally give their assent thereto. The verdict shall What to describe the property to be taken by the board where title therein iscontain. sought, and shall give a general description of the land upon whicb he commissioners seek the righl of entry and use lor the purpose of 264 LAWS Ki:i. VTINC, TO Till.; CITY (>!• DKTKOIT. Chap i 1 r 21. BOARD "I u VTEB ' OMMISSIONERS. Practice, etc. laying pipes and constructing aqueducts or other works beneath the surface thereof, and maintaining and renewing the same when neces- sary, together with their proposed location on said land, the names of the persons interested in said property or land, and the several amounts awarded by the jury to each of them; aud the court shall l hereupon pronounce judgment against the board and in favor of said several persons for said amounts. The practice upon the trial of said matters not herein otherwise provided for shall, so far as may be, conform with the trial of issues of fact in courts of record in this State. If the jury shall be unable to agree and shall be discharged by the court, the commissioners may again commence and carry on new proceedings in like manner in all respects as above provided. Compensation Within twenty days after the verdict for compensation shall have to be paid, when been rendered, the board shall pay or tender to the respective per- sons the several amounts awarded to them by the jury, and in case any person shall refuse to accept the same, be unknown, or reside without the State, or cannot with reasonable diligence be found, or for any reason be incapacitated to receive such money or the right there- to be disputed or doubtful, the same may be deposited in court to abide the order of the. court, and to be paid over to the person en- titled and competent to receive it. Upon failure of the board to make such payment, tender, or deposit, within the time above specified, ex- cept when an appeal has been taken as hereinafter provided, such failure shall be considered an abandonment of the proceedings as to the person or persons entitled thereto. If at any time before verdict it shall appear to the court that there are adverse or conflicting claim- ants to the money or any part of it to be paid as compensation for the property or land to be affected, an order may be entered in said pro- ceedings directing the money or such part as may be necessary, to be paid into court by the commissioners within said twenty days, and the court may subsequently determine who is entitled to the same, and Tender of pay raent if not made within certain time proceedings void. I.AWS RELATING TO THE CITY OK DETROIT. 265 BOAKD OF WATER COMMISSIONERS. < I! WTKK 21 direct to whom the same shall be paid, and may, in its discretion, order a reference to ascertain the facts. Whenever the commission- ers pay any award of compensation, they shall be entitled to a receipt for such money, and if the same be refused, they may pay the same into court as if tender thereof had been made and refused. At any Costs where proceedings time before verdict, the board may, after sufficient cause shown, and ^^.'f 0011 upon leave, discontinue ail proceedings against any or all of the per" sons interested, and in case such discontiuuance shall be had as to only a portion of said persons, the court shall award them such costs as it may deem just to be paid by the board; and if the discontinuance be had as to all of said persons, the commissioners shall pay all cost3 of the proceeding. In case of discontinuance as to part or all of said persons, the court may also allow a reasonable attorney fee, to be taxed against the board. When tender has been made by the board to any persons interested, before the presentation of the petition and application as hereinbefore directed, and the jury shall award to such persons no greater compensation than the sum tendered, the court shall allow against him and in favor of the board such costs as may be just, and the same may be deducted from the amount to be paid to such person. No attorney fees shall be allowed to the board, and no such fee shall be allowed to any persons except to those who on the trial of said matter have actually appeared by attorney. The costs and fees to be allowed in such proceedings shall be such as are pro- vided by the general laws of the State, and where no provision is made, then such as the court may direct. All questions of costs, ex- „ , , J 1 ' Cost and fees cept as in this act provided, shall be in the discretion of the court. a ° are provided under laws of When payment, or tender or deposit has been made by the commis- the state, sioners as above required, they shall be entitled to and may take ex- clusive possession of said property and land, and shall hold the same in fee, and may at all times erect such reservoirs, buildings, machinery and fixtures thereon as the board may deem necessary or proper to 266 CAWS RELATING TO THE CITV OE DETROIT. CIIAPTKR 21 BOARD OI WATER COMMISSIONERS. carry out the purposes of tliis act, or whore only the right of use as aforesaid has been sought and obtained by the board, and shall have the perpetual right to enter upon said land, and lav pipes and con- struct aqueducts and other works beneath the surface thereof, and to maintain and renew the same whenever necessary, but in no other place or portion of said land than that decided upon in said proceed- ings. (As amended by Act No. 359, Session Laws of 1873.) Appeal to ($521) Sec. 20. Any person interested in said property or land . supreme Court. vo ' J * * ' J feeling himself aggrieved by the verdict of the jury and the judg- ment rendered thereon, and who shall not have received the compen- sation awarded him, may appeal to the s.upreme court, by filing, in writing, with the clerk of said circuit court, a notice of such appeal and specifications of the errors complained of, within ten days after the rendering of said verdict and pronouncing said judgment, and serving within the same time a copy thereof upon the board, and filing a bond with said clerk, to be approved by the judge of the court or a circuit court commissioner of said county, conditioned to prosecute said appeal, to effect and pay all costs that may be adjudged Bond on appeal, against him in case said verdict and judgment be affirmed. On filing of said bond the clerk shall, as soon as practicable, transmit to the supreme court a certified copy of all of said proceedings on file in his office. The supreme court shall, at the next term thereafter, hear and determine the matter of said appeal, and affirm or reverse said verdict and judgment; but the same shall not be reversed for any mere matter of form, nor for errors, except errors of law, and only in regard to the appellant or appellants. The court shall give judgment for reasonable costs and expenses in the matter of the appeal; and all costs and expenses awarded to the commissioners, in case of affirma- tion, shall be applied on and deducted from the compensation to be paid the appellant or appellants against whom the judgment and ver- dict below have linen affirmed. When the verdict and judgment are r,AWS RELATING TO THE CITY OF DETROIT. 267 HOARD OK WATER COMMISSIONERS. CHAPTER 21 reversed, the supreme court may direct the proceeding before the same or a new jury, and may make such further direction or order in the premises as may be necessary. The second verdict and judgment shall be final and conclusive; and the commissioners shall pay, tender or depost the sums of money awarded as compensation, on such sec ond verdict, within twenty days after its rendition, or forfeit all rights thereunder. When the original verdict and judgment shall have been reversed, in whole or in part, and the commissioners shall desire a second verdict, they shall serve notice of application for a new jury or the calling together of the former jury (as the case may be) for that purpose, only on the successful appellants. No second service of the petition shall be necessary, but the notice shall be sufficiently specific to afford the parties entitled thereto full information of the intention of the commissioners to demand a second verdict and judg- ment. All other proceedings to obtain a second verdict and judgment shall be, as nearly as practicable, like those to obtain the first. If the commissioners shall fail or neglect to give said notice for ninety days after reversal of verdict and judgment, they shall be deemed to have abandoned said proceedings. If said appeal shall have been taken 1h> fore the payment, tender or deposit above provided for, the obliga- tion of the board to make the same shall be suspended pending the appeal, but shall be made within twenty days after affirmance o said verdict and judgment, when the same is affirmed, otherwise within the same period after a second verdict and judgment is ren- dered. The appeal -hail not prevent the board from taking posses- sion of said property, or from using said land for the purposes of this board^rom act: and in case the commissioners shall deem that public necessity possession, etc. so require, they may enter upon and take such possession and make such use of said property or land, first filing with the clerk of said court a bond approved by the judge thereof, or by the recorder of said city, in such penal sum as said judge or recorder may determine, con ppeal not tc LAWS HKI.ATINC. TO TIIK CITY OI-' DETROIT. Chapter IS BOARD > be entered into a bonk to lie kept for that purpose, and signed by t0 be , entered ° J in a book. the president and secretary, which, when so entered and signed, shall We evidence in any court of justice. CAWS Ki.i.ATING TO THK CITV <>!• DETROIT. I HAPTEB H uuami OI WATER COMMISSIONERS, Commissioners (§ 532.) Si;c. 28. In addition to all other powers conferred upon authoi i ed t.> ' assessment. s:lu ' commissioners, they arc authorized to and shall assess upon each and every lot in the city of Detroit, in front of which water pipes are laid, an annual tax or assessment of three cents per lineal foot of the frontage of such lot or lots, and which do not pay water rates, which shall be a lien upon such lot or lots, and may be collected from the owner or owners of such lot or lots, or by sale thereof in the same manner as is provided by sections nine and ten in reference to water rates: Provided, That no such lot or lots shall be so taxed on more than one front; and where such pipes are laid across more than one front of any lot, only the shortest front shall be estimated in making such assessment - .* (As added by Act No. 477 of Session Laws of 1869, and numbered section 28.) Vets repealed (§ 533.) Sec. 29. All acts or parts of acts contravening the pro- visions of this act are hereby repealed. (As numbered section 29, by Act 477, Session Laws of 1869.) Act amended. (§ 534.) Sec. 30. This act may at any time be altered, repealed or amended. (As numbered section 30, Act No. 477, Session Laws of 1869.) (g 535.) Sec. 31. On and after the second Tuesday of January, ated by°the n " eighteen hundred and eighty-two, the members of the said board of water commissioners shall be appointed by the city council of the city of Detroit, on the nomination of the mayor of said city, and va- cancies shall be filled in the same manner. (As amended by Act ap- proved June 7, 1881.) *See note 20, Appendix. LAWS RELATING TO THE CITY OF DETROIT. 273 HOARD OF WATER COMMISSIONERS. CHAPTER 21 ACT AUTHORIZING BONDS FOR $250,000. An Act to authorize the water commissioners of the city of Detroit to loan money for the purpose of extending and improving the water works of said city. (Approved Febru- ary 6th, 1853. Laws of 1853, p. 31.) (§ 530',) SECTION 1. The people of the State of Michigan enact, That the board of water commissioners of the city of Detroit shall Power *° make J loan and have power to loan, upon the best terms they can make, and for such time as they shall deem expedient, a sum of money not exceeding two hundred and fifty thousand dollars, upon the credit of said city of Detroit, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds; which bonds shall issue under the seal of said board of commissioners, and shall be signed by them, or a majority of them, and bearing interest not exceeding eight per cent, per annum. And it shall be the duty of said commissioners to cause to be kept an ac- curate register of all bonds issued by them, showing the number, date and amount of each bond, and to whom the same was issued; and it shall also be their duty to cause to be furnished to the auditor of said city a copy of such register, as soon as the same is made, which shall be preseryed by said auditor, and copied into the record of said city. And the said sum of money shall be expended by said commis- sioners solely for the purpose of extending and improving the water works of the city of Detroit,. This act shall take immediate effect. 274 LAWS RELATING TO THE CITY OF DETROIT. Chapter 31. board oi water commissioners, ACT AUTHORIZING BONDS FOR $250,000. An Act to authorize the water commissioners of the city of Detroit to- borrow money for the purpose of extending and improving the water works of said city. (Approved Febru- ary 10th, 1857. Laws of 1857, p. 200.) (§ 537.) SECTION 1. The People of the State of Michigan enact, Board of That the board of water commissioners of the citv of Detroit shall Water Com- J iiorrmv^monev^. have power to borrow, upon the best terms they can make, and for such time as they shall deem expedient, a sum of money not exceed- ing two hundred and fifty thousand dollars, upon the credit of said city of Detroit, and shall have authority to issue bonds, pledging the faith and credit of said city for the payment of the principal and in- terest of said bonds; which bonds shall issue under the seal of said board of commissioners, and shall be signed by them, or a majority of them, and bearing interest not exceeding eight per cent per annum; and it shall be the duty of said commissioners to cause to be kept an accurate register of all bonds issued by them, showing the number, date, and amount of each bond, and to whom the same was issued; and it shall also be their duty to cause to be furnished to the con- troller of said city a copy of such register, as soon as the same is made, which shall be preserved by said controller and copied into the Money how records of said city; and the said sum of money shall be expended by expended. said commissioners solely for the purpose of extending and improv- ing the water works of the city of Detroit: Provided, That the said board of commissioners shall not contract said loan until they are au- thorized and empowered so to do by the common council of the city of Detroit. This act shall take effect and be in force from and after its passage. LAWS RELATING TO THE CITY OK DETROIT. HOARD OF WATER COMMISSIONERS. Chapter 21 ACT AUTHORIZING BONDS FOR $250,000. An Act to authorize the water commissioners of the city of Detroit to borrow money for the purpose of extending and im- proving the water works of said city. (Approved February 17, 1869.) (§ 538.) Section 1. The People of the State of Michigan enact, ^ That the board of water commissioners of the city of Detroit shall J^ff™, ™ oney have power to borrow, upon the best terms they can make, and for such time as they shall deem expedient, a sum of money not exceed- ing two hundred and fifty thousand dollars, upon the credit of said city of Detroit, and shall have authority to issue bonds, pledging the faith and credit of said city, for the payment of the principal and interest of said bonds; which bonds shall is3ue under the seal of said board of commissioners, and shall be signed by them, or a majority of them, and bearing interest not exceeding eight per cent per an- num. And it shall be the duty of said commissioners to cause to be kept an accurate register of all bonds issued by them, showing the number, date and amount of each bond, and to whom the same was issued; and it shall also be their duty to cause to be furnished to the controller of said city a copy of said register, as soon as the same is made, which shall be preserved by said controller, and copied into the records of said city. And the said sum of money shall be ex- pended by said commissioners solely for the purpose of extending and improving said waterworks of the city of Detroit: Provided, Proviso> That the said board of commissioners shall not contract said loan until they are authorized and empowered so to do by the common council of the city of Detroit. This act shall take immediate effect. 276 i.aws RELAXING TO THE CITY 01? DETROIT. Chapter 21 boaks 01 water commissioners. ACT AUTHORIZING ISONDS FOE $1,000,000. An Act to authorize the board of water commissioners of the city of Detroit to borrow money for the purpose of extending and improving the water works of said city. (Approved March 8th, 1873. (§ r>:>9.) SECTION 1. The people of the State of Michigan enact, Water Com- missioners That the board of water commissioners of the city of Detroit shall authorized to borrow money. h ave power to borrow, upon the best terms they can make, and for such time as they shall deem expedient, a sum of money not exceed- ing one million dollars upon the credit of said city of Detroit, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds; May issue bonds. which bonds shall issue under the seal of said board of commissioners, and shall be signed by them, or a majority of them, and bearing interest not exceeding seven per cent per annum ; and it shall be the duty of said commissioners to cause to be kept an accurate register of all bonds register o'f issued by them, showing the number, date and amount of each bond, and to whom the same was issued; and it shall also be their duty to cause to be furnished to the controller of said city a copy of such rontroUei-'with register as soon as the same is made, which shall be preserved by said copy of register. controller, and copied into the records of said city; and the said sum of money said be expended by said commissioners solely for the pur- pose of extending and improving the water works of the city of De- troit: Provided, That the said board of commissioners shall not con- tract said loan until they are authorized and empowered so to do by the common council of the city of Detroit. LAWS RELATING TO THE CITY OF DETROIT. 277 BOARD OF WATER COMMISSIONERS. CHAPTER 21 (8 540.) Sec. 2. If the said commissioners shall, at any time, x ™ bonds \a ' » may be issued. not have funds on hand sufficient to meet any of the said bonds at the time when they shall become due, they shall have the right to issue new bonds for such amount, and on such time, as they shall deem expedient, in the place of the bonds so becoming due as aforesaid, or such part thereof as said commissioners shall be unable then to pay; the said old bonds so taken up shall be canceled, and such cancella- tion recorded or otherwise indicated in the registry thereof, and the said new bonds shall be recorded in the manner hereinbefore pro- vided. It shall be the duty of the common council, and said council Mo for i . i i j ii payment of is hereby empowered, to cause to be levied and assessed annually, bon d s and interest; how upon the taxable property in said city, the sum of seventy-five thou- raised. sand dollars, the same to be included in each annual tax assessment levied on said city, and the same shall not require or be conditioned upon the vote of the freemen of said city. The said sum shall be How collected and appro- collected the same as other general taxes, and shall, from time to P riated - time, as received, be paid over to said board by the treasurer of said city; and the moneys so paid over by said treasurer to said board shall be used and appropriated by said board, first, in payment of the in- terest of the said bonds; second, if there be any surplus, after pay- ment of the interest accruing during the year, said moneys shall be paid into and form part of the sinking fund of said board, and used and appropriated to the payment of said bonds when due, or to the purchase of the same, or of any other of the bonds heretofore issued by said board, as the said board may, from time to time, think ex- pedient. This act shall take immediate effect. CHAPTER XXII. BOARD OF METROPOLITAN POLICE. An Act to establish a police government for the city of Detroit. (Ap- proved April 17, 1871.) (§ 541.) SECTION 1. The People of the State of Michigan enact, Poll( . e Com . mission; 1 hat all powers and duties connected with and incident to the police powers and r duties. government and discipline of the city of Detroit shall be, as herein- after more especially provided, vested in and exercised by a board of metropolitan police, composed of four commissioners of metropolitan police, and a superintendent of metropolitan police, one or more cap tains of metropolitan police, sergeants of metropolitan police, and patrolmen of metropolitan police. A majority of said board shall Quorum. constitute a quorum for the transaction of business. f? 542 ) Sec 2 That from and after the first day of July, one v ' Commissioners thousand eight hundred and ninety-two, the board of metropolitan j» b ^PP°™ ted police of the city of Detroit shall be composed of four electors and freeholders of said city, to be appointed by the mayor of said city. That on or before the said first day of July, A. D. one thousand eight hundred and ninety-two, it shall be the duty of the mayor of said city and he is authorized and empowered to appoint four commissioners of police, who shall respectfully (respectively) have the qualifications of electors and freeholders of said city; one of such commissioners shall be appointed to hold office until the first day of July, one thousand 2So LAWS RELATING TO THE CITY OF DETROIT. (.HAITI R 22. no vi(l> ni mi n< n !-i>i. it an POLICE. Hooks, papers, documents, etc. eight hundred and ninety-three ; one of such commissioners shall he appointed to hold office until the first day of July, one thousand eight hundred and ninety-four; one of such commissioners shall be ap- pointed to hold office until the first day of July, one thousand eight hundred and ninety-five; and one of such commissioners shall be ap- pointed to hold office until the first day of July, one thousand eight hundred and ninety-six. The existing board of metropolitan police shall, upon the ap- pointment and organization of the board herein provided for, sur- render to said board all property, books, papers, documents, and ef- fects in its custody or under its control. And the board herein pro- vided for shall succeed to all of the rights, privileges and preroga- tives lawfully pertaining to the existing board of metropolitan police, not in conflict with the provisions of this act. (As amended by act approved June 5, 1891.) § 543.) Sec. 3. The term of office of each commissioner of the metropolitan police, after the respective determinations of the terms aforesaid, shall be four years, and the mayor of said city shall ap- point from the electors and freeholders of said city of Detroit, a suc- cessor to the person whose term shall expire as such commissioner. (As amended by act approved June 5, 1891,) Any vacancy occurring during the term of any commissioner shall be filled for the unexpired portion of such term by appointment of tha mayor of said city of Detroit, and the commissioner so ap- pointed shall hold office for such unexpired portion of the term. (As amended by act approved June 5, 1891.) Members to (§ 544.) Sec. 4. The persons severally appointed commissioners rile oath with . ,. , . , n , r Secretary of of metropolitan police by virtue of this act shall, before exercising State. the duties thereof, duly take and file in the office of the secretary of state, the oath of office prescribed for state officers. Immediately Term of office. Vacancy, how tilled. LAWS RELATING TO THE CITY OK DETROIT. 281 HOARD OF METROPOLITAN POLICE. CHAPTER 2i upon receiving said oath of office, the secretary of state shall give to JfJ^^f r " each commissioner a certificate of his appointment, whereupon he appo " shall possess the power, and exercise the duties, of commissioner of metropolitan police prescribed by this act. (§ 545.) Sec. 5. The said board of metropolitan police shall Power of Board to ap- have uower to appoint a superintendent of the police force, a deputy point Superin- 1 * l tendentof superintendent, a captain of police, one or move officers to be called Police, etc. and act as detectives, one captain in addition to each thirty policemen (patrolmen) called into service more than the first thirty, four ser- geants of police to each fifty patrolmen, an attorney, surgeon, one or more roundsmen, doorman, janitors, and fifty or more patrolmen, who shall receive compensation, and as many pratrolmen, with or without compensation, in time of special emergency, or appre- hended danger from riot, or other cause of alarm, as they shall deem expedient. Said board shall also have power, for cause assigned, on r Power to a public hearing, and on due notice according to the rules to be pro- ^1]°^ an/etc- mulgated by them, to remove or suspend from office, or for a definite time to deprive of pay any member of such police force (except that the superintendent, deputy superintendent, detectives, the attorney, the surgeon and secretary and property clerk may be dismissed at any time by said board); and make rules and regulations for the disciptine Jo make rules ■J ' etc., to j£o\ ei n and government of said force, and shall cause the same to be pub- po ,ce- lished, and to make and promulgate general and special orders to said force, through the superintendent of police, who shall be the ex- ecutive head of the force. (As amended by act approved June 17, L887.) (S 546.) Sec. 6. The said board shall appoint one of their own vo ' Board to eiect number to act as president, who shall be ex officio member of the board a President 1 •* and Secretarj . of health, and some person not a member of the board to act as secre- tary and property clerk, who shall give bonds to said board in an amount .v.nd with sureties to be approved by said board, conditioned jSj Ch wri k 21. LAWS KKI.ATINC. TO T1IK CITY OK DKTKOIT. BO \I<1> i>l METROPOL1 I \\ PI I] u l Si , i etarj to give bonds. Board to de- termine com pensation of Secretan • Board to have entire control of police, etc. Duties of board : to pre- serve peace, etc. To enforce the sealing of weights, etc. for the safe keeping by him, and his rendition upon the order of the board, of all money and other property which shall come into his hands by virtue of his office, and he shall receive such compensation annually as may be determined by said board, and hold his office at the pleasure of said board. (§ 547.) Sec. 7. Said board shall assume and exercise the entire control of the police force of said city, and shall possess full power and authority over the police organization, government, appointments and discipline within said city. It shall have the custody and control of all public property, books, records and equipments belonging to the police department, and shall have power to erect and maintain all such Hues of telegraph in such places within the said city as for pur- poses of police the board shall deem necessary, whenever the common council shall authorize the establishment of such telegraph line or lines, and provide for the cost thereof. )§ 548.) Sec. 8. It shall be the duty of the board of police, and of the force hereby constituted, at all times of the day and night, within the boundaries of said city of Detroit, to preserve the public peace, to prevent crime, and arrest offenders, to protect rights of per- son and property, to guard the public health, to preserve order, to en- force all laws of the state, and all ordinances of the said city, relative to inspecting and sealing weights and measures; to designate, at any time of the year, and as often as they shall deem necessary, a mem- ber of the force to perform the duties of sealer of weights and meas- ures in said city; and the person so designated shall have the exclu- sive power to perform said duties in said city., and shall, during the time he is directed by said board to perform said duties, try, prove and seal all scales, beams, weights and measures used in said city, for the purpose of buying and selling, without giving any notice, as is now required by law: Provided, The person so designated shall neither receive nor charge compensation nor fee for performing said LAWS RELATING TO THE CITY OK DETROIT. 283 HOARD OK METROPOLITAN POLICE. ClIAPTEK 22 duties; to collect all license moneys under the laws of the state, the Collection of license moneys. charter and ordinances of said city, and to account for and pay the same to the person authorized by law to receive them; to desig- nate, from time to time, a member of the force to collect said license money, and the person so designated shall have exclusive power to collect said moneys in said city; to designate at any time of the year, and so often as they shall deem necessary, a member of the force to perform the duties of harbor master, and the person so designated Harbor Master shall have the exclusive power to perform said duties in said city under the ordinances which may, from time to time, be prescribed by the common council: Provided, however, That this section shall not p rov ; so be construed to affect any person heretofore appointed by said com- mon council, on the nomination of the mayor, to the office of harbor master of the port of Detroit, or to remove him therefrom, prior to the expiration of the period for which he was so appointed; to appoint from time to time, as they may deem fit, one or more city scavengers, City Scavengers who shall have the exclusive power to perform the duties of such officers in said city, and shall be liable to such penalties as are or may be prescribed by the ordinances, and shall be entitled to receive such compensation and fees as the said board may by general order direct; Expenses of to audit and allow all bills for traveling expenses incurred in the pur- the pursuit of criminals. suit of criminals, by members of the force, or any other officer or person, and to present the same to the board of county auditors of Wayne county for payment, in all cases where criminals are charged with offenses in said cit} ; and the said board of auditors shall in no way allow, or cause to be paid by said county, any bill or account for the pursuit or apprehension of criminals charged with or suspected of the commission of crime in said city, unless the said bill or ac- count is presented by said board of police, and indorsed as allowed by the president and secretary thereof: to remove nuisances existing in Nuisances, etc. public streets, roads, places, highways, yards and outhouses; to le- port all leaks and defects in water pipes and sewers to the proper au- 284 CAWS RELATING To THK CITY OF DETROIT. til Ml I K 32 BO Mil' OF M I I ROl 1 w POJ [( E. Fires. thorities; to provide a proper force at every public fire, iu order that. thereby the firemen may be protected in the performance of their Travelers, etc, duties, and property preserved for the owners thereof; to protect to be pro- tected by. strangers and travelers at steamboat and ship landings, and railway stations, and generally to carry out and enforce all ordinances of the city and laws of the state. Whenever any crime shall be committed in said city, and the person or persons accused, or suspected of being- guilty, shall flee from justice, the said board of police may, at their discretion, authorize any person or persons to pursue and arrest such accused or suspected person or persons, and return them to the proper court, having jurisdiction of the offense, for trial. Fugitives 1 1 1 .in justice. Qualifications of officers. (§ 549.) Sec. 9. The qualification, enumeration, and distribu- tion of duties, and mode of trial, and removal from office of each offi- cer and member of said police force, shall be particularly defined and described by rules and regulations of the board of police, and no person shall be appointed to or hold office in the police force who is not a citizen of the city of Detroit, shall not have resided in the state of Michigan two years next preceding his appointment, who cannot read and writo the English language, and who has ever been convicted of Removals and any crime: And provided, That no person (except the superintend- suspensions. ent, detectives, the attorney, the surgeon, secretary and property clerk) shall be removed from said force, except upon written charges preferred against him to the board of police, and after opportunity of being heard in his defense; but the board of police may suspend any member of the force, pending the hearing of charges against him; and the board of police may also at any time, in their discre- tion, and without charges, or trial, reduce any officer from his rank, and grade, and pay, to a lower rank and pay, and either permanently Promotions. r temporarily promote any officer to his position, without regard to the relative rank or grade of such other officer; And provided,.. Whenever any vacancy occurs in the office of captain of police, the- EAWS RELATING TO THE CITY OF DETROIT. 285 HOARD OF METROPOLITAN' POLICE. CHAPTER 22 same shall be filled from among the persons then in office as ser- geants, roundsmen or patrolmen. The police commissioners shall re- ceive no compensation whatever for their services during their term Compensation. of office. All salaries and compensation to the officers, appointees and employes of the department shall be prescribed and determined by the board of police commissioners, and shall be paid monthly to the persons entitled thereto. No member of the board of police, or of the police force, shall receive or share in, under any pretenses whatever, any present, fee, gift or emolument for police service, To make no presents other than the regular salary and pay provided by this section, except without consent of Board. by the unanimous consent of said board; and it shall be the duty of •every member of said board, or the police force, to return to the property clerk (to be disposed of as hereinafter prescribed) every present, fee, gift or emolument received by him, with the consent of the board, except said board permits him to retain the same for his own use; and all moneys, and proceeds of all property received from this source, shall be disposed of by said board as if the same had been paid or given for extraordinary services, as prescribed in the eleventh section of this act. Nor shall any member of said force re- ceive or share in any fee, gift or reward from any person who may become bail for the appearance of any arrested, accused or convicted person, or who may become surety for any such person on appeal from the judgment or decision of any court or magistrate, or any fee, gift or reward in any case, from any attorney at law who may prose- cute or defend any person arrested or prosecuted for any offense within the county of Wayne; nor shall any member, either directly or indirectly, interest himself or interfere, in any manner whatever, in Not to be interested in the employment or retainer of any attorney, to aid in the defense of bail or attorney. persons arrested or accused; and for any violation of either of the Pen:iltv foregoing provisions, the member so offending shall be immediately removed from office. (As amended March 14, 1882.) 286 I.WVS RELATING TO THK CITY OF DKTROIT. I'll Mil R •.'.'. Complaints against policemen. BOARD OP METROPOLITAN POLICE. Trial of accusad officer. (4? 550.) Sec. 10. Any citizen of Detroit, or officer of the police force, with a view to the trial and suspension or removal from office of any officer or patrolman of the police force, may, or oath, in writ- ing, prefer or make before the board charges or complaint touching the character and competency, or affecting the acts, conduct or omis- sion of such officer or policeman, or for violation of, or misconduct, as defined or prescribed by the rules and regulations of the board; and said board, after reasonable notice, in the discretion of the board, to the person charged, shall proceed to the trial of said officer or policeman, on such charges or complaint, and shall have power to, and shall issue subpcrnas, tested in the name of the president of the board, to compel the attendance of witnesses, to administer oaths and affirmations, and generally shall, for the purpose of such trial, have and exercise the powers and duties of justices of the peace in civil cases, so far as the same are applicable, and may make an order of removal or suspension for some certain period. If, on such trial, said charges or complaint shall be sustained, such officer or policeman shall pay the cost of such proceeding?, and the same may be deducted and withheld from his pay, and in case of his suspension, his pay shall also cease from the date of the charge, and during the suspen- sion. In trials under this section the same costs shall be charged and taxed as in trials before justices, and be collected on execution, as the case may be, from the court, or on execution to be issued by any jus- tice of the peace, on certificate of the same by the board, and order for execution, said costs, when collected, to be paid to the treasurer of the board, for the benefit of those concerned; but the said board shall not tax or receive any fees for themselves or for any member thereof. Rewards tce< '§ 551) Sec, 11. All rewards, fees, proceeds of gifts and emolu- etc., to be paid into the City ments, that maybe allowed by the board of police to be paid and Treasury. given for or on account of extraordinary services of any member of LAWS RELATING TO THE CITY OF DETROIT. 287 BOARD OF METROPOLITAN POLICE. CHAPTER 22 the police force, and all moneys arising from the sale of unclaimed ^oods, shall be paid into the city treasury, and shall constitute a fund "Police Life to be called the ''police life and health insurance fund," and the and Health Insurance person who shall, from time to time, fill the office of president of the Fund." board of police, and that of the controller of the city of Detroit, are hereby declared the trustees of taid fund, and may invest the same as they shall see fit, either in whole or in part, and shall have power to draw the same from the treasury for that purpose. (S 552 ) Sec 12. Whenever any member of the police force, in w ■' J Disabled actual performance of his duty, and in consequence of the perform- policemen. ance of such duty, shall become bodily disabled, his necessary ex- penses, during the time his disabilities as aforesaid continue, and con- sequent thereon, may become a charge upon the fund provided for in the preceding section, at the discretion of the said board of police- The board shall inquire into the circumstances, and if satisfied the charge upon said fund is correct, may order the same to be paid by the draft of said trustees upon the said fund, each writing his signa- ture thereto; but the provisions of this section shall not apply to special patrolmen appointed, as hereinafter provided, at the request and expense of private parties. re 553.) Sec. 13. The siiDerintendent, deputy superintendent, or v o ' ^ Superintendent, any member of said police force, having just cause to suspect that powt,sof ' ctL any felony is being, or about to be committed, within any building, public or private, or on any wharf or enclosure, or on board of any ship, boat or vessel, within said city of Detroit, may enter the same at all hours of the day or night, to take all necessary measures for the effectual prevention of all felonies, and may take then and there into custody all persons suspected of being concerned in such felonies, and also may take charge of all property which he or they shall have then and there just cause to suspect have been stolen. 288 CAWS RELATING To Tin: CITY OF DETROIT, Ch mtiu •-'?. Membei police force to Serve subpoenas •etc. IJO \K II III M l< 1 Klll'lll I I \ \ TIM II h , The members of said police force shall also serve and execute all process and subpoenas issued In the recorder's court and the police court of said city: Provided, That it shall be the duty of said board of metropolitan police to cause to be brought before one of the police justices of the city of Detroit every person arrested by any member of said police force on suspicion of felony, or for any other cause, within thirty-six hours after such arrest, and said justice on hearing the grounds of such charge may, by written order, remand such per- son to the custody of said police force. No person shall be held in the custody of said police force on such arrest for a longer period than six days. (As amended by act approved June 5, 1891.) Houses of prostitution. (§ 554.) Sec. 14. If any member of the force, or if any two or more householders, shall report in writing, under his or their signa- tures, to the superintendent of the force, that there are good grounds (which shall be stated in said report) for believing any houses, room or premises within the said city, to be kept or used as a bawdy house, house or place for the resort of prostitutes, common gaming house, common gaming room, or common gaming premises, for therein play- ing for wagers of money at any game of chance, or the deposit or sale of lottery ttckets or lottery policies, or as a cock-pit, or for harboring criminals, or for concealing stolen property, or for carrying on any trade, occupation, calling, practice or act prohibited by law, it shall be lawful for the said superintendent to authorize, in writing, any member or members of the force to enter the same, who may forth- with arrest all persons there found, and seize all implements of gam- ing, or lottery tickets, or lottery policies, and convey any person so arrested before a magistrate, and bring the articles so seized to the property clerk. It shall be the duty of such superintendent to cause such arrested person to be prosecuted vigorously, and such articles LAWS RELATING TO THE CITY OF DETROIT. HOARD OF METROPOLITAN POLICE. CHAPTER 22 seized to be destroyed, as the orders, rules and regulations of the implements J ' ° to be destroyed. board of police shall direct. (§ 555.) Sec. 15. It is hereby made the duty of the board of Division of city into police, for more effectually distributing and enforcing its police gov- precincts, eminent and discipline, to divide the said city of Detroit into pre- cincts, without regard to ward boundaries, and to assign captains of police, and sergeants of police, to each of the said precincts, as they shall deem for the best interests of said city. The board may, from time to time, establish a station or sub-station in each precinct or di- vision, for the accommodation of the police force on duty therein. It shall promulgate all regulations and orders through the superintend- promulgation of regulations ent of police; and it shall be the duty of the police force to respect and obey the said superintendent as the head and chief of the same, subject to the rules and regulations and general orders of the board. $ 556.) Sec. 16. The board of police is hereby authorized to Special ' policeman. appoint persons of suitable character, who may be in the employment of the city in other branches of departments, special policemen or patrolmen: Provided, Such special policemen shall not be paid for their services as policemen, either from the police fund or city or county treasurer. Such policemen shall possess the same power as the regular police patrolmen, and shall obey the rules and regulations of the board, and conform to its general discipline. (8 557.) Sec. 17. The board of police, whenever it shall seem Special x ° * policemen. to them discreet, may, on the application of any person or persons, showing the necessities thereof, appoint and swear in any number of additional patrolmen to do duty at any place within said city, at the charge and expense of the person or persons by whom the applica- tion shall be made; and the patrolmen so appointed shall perform duty only at the place designated by said board; shall continue in office at the pleasure of said board, for a term not exceeding one year; 290 I.WVS RELATING TO THE CITY OF DETROIT. CHAPTl B '-'-' BOARD OF \i 1 1 ROPO] I 1 an POLICE, Proviso sliall be subject to and obey the order?, rules and regulations of said board, and conform to the general discipline of the force, and to such special regulations as may be made by such board for their govern- ment. They shall wear such dress and emblem as said board may prescribe, and shall possess, as conservators of the peace, all the powers and privileges, and perform all the duties of the force herein prescribed: Provided, That no patrolman shall be appointed under this section until he shall have paid into the trust fund, hereinbefore provided, the sum of five dollars. The person so appointed may be removed at any time by the board of police without cause assigned for the removal . The board of police may also, upon any emergency, or mob, pestilence, invasion, or during any day or public election or celebration, appoint as manv special patrolmen from among citizens of Detroit as it may deem advisable, and for a specified time; and during the term of service of such special patrolmen they shall pos- sess all the powers and privileges and perform all the duties of patrol- men of the force herein created, and shall receive such compensation, not exceeding three dollars per day, as said board may prescribe: Provided, always, That nothing herein contained shall give said board power to do anything in conflict with the powers of inspectors of elec- Proviso. tion in said city; Provided, further, That policemen statioued at the polls on election days shall perform all the duties of, and be subject to all provisions of law relating to the attendance of constables at polls on election days; and no constable in said city shall receive any compensation for attendance upon the polls. Resignations. (§ 558.) Sec. 18. No member of the police force, under penalty of forfeiting the pay which may be due to him, shall withdraw or re- sign from the police force, unless he shall have given one week's notice thereof, in writing, to the superintendent of police; and no person who shall ever have been removed from the police force es- LAWS RELATING TO THE CITY OF DETROIT. 29I BOARD OF METROPOLITAN POLICE. CHAPTER 22 tablished by this act, for cause, shall be reappointed by the board of police to any office in the. said police force. (8 559 ) Sec 19. All stolen, or other property seized officially Deposit of Vi? ' stolen property. by the members of the police force, shall be deposited with the prop- erty clerk, and kept in a place to be designated by said board; and in case or neglect or refusal of any officer to so deposit the ' property taken, or found in the possession of any person or persons arrested, he shall be deemed guilty of a misdemeanor, and be subject to in- dictment, on information, and upon conviction be fined a sum not less than the value of the property nor exceeding three thousand dollars, and be imprisoned not to exceed one year; and the sentence of the court shall vacate the office of the person so convicted. All property tare of same, or money taken on suspicion of having been feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person from whom it was taken, and all lost prop- erty coming into the possession of any member of said police force, and all property and money taken from pawnbrokers, as the proceeds of crime, or by any such member from any insane or intoxicated per- son, or person otherwise incapable of taking care of himself, shall be registered by the property clerk, in a book kept for that purpose, to- gether with the name of the owner, if ascertained, and the name of the place where found, and of the person from whom taken, with the general circumstances and the date of its receipt, and the name of the officer recording the same, and shall be advertised, if the owner's name is not ascertained, in such manner as the rules and regulations of the board shall prescribe. An inventory of the money or other property shall be given to the person from whom the same is taken; and in case the same shall not, within ten days after such arrest and seizure, be claimed by any other person or persons, it shall be de- livered to the person from whom it was taken, and to no other per- son, except by order of the board. In case said money or other prop- 292 LAWS RKI.ATING TO TIIK CITY OF DKTKOIT. Ch \i' 1 1 k 22. BO \i THE CITY OF DETROIT. Chapter 82. board 01 mi i ropoi i r an poi.h -v.. decline the said aominatioD, shall be, in either case, deemed thereby t<> have resigned his commission, and to have vacated his office. Common (£ 572.) Sec. 32. The common council of Detroit are hereby Council to raise by tax empowered and directed annually to order and cause to be collected tun ii- fur sup J §epartment? !lm ' r;U8tJ d by tax upon the estates, real and personal, subject to taxa- tion according to law, within the said city of Detroit, the sums of money as aforesaid annually estimated for the said to»al expense of the metropolitan police, authorized by this act. (§ 573.) Sec. 33. The deputy superintendent shall be subject to Power and duty of deputy tne con t ro i am j direction of the superintendent, and shall have charge superintendent. r ' ° of such details as the board, by resolutions or rules and regulations, may prescribe. In the absence of the superintendent, the deputy su- perintendent shall have and exercise all the powers conferred by this act on the superintendent, and shall be subject to removal in the same manner as the superintendent. (As amended by act approved June 17, 1887.) Policemen for- (§ 574.) Sec. 34. No policeman or officer of police shall, while bidden to enter saloons, etc. on duty, be at liberty to enter any drinking or gaming sa'oon, or other place where liquors are sold to be drunk on the premises, or house of prostitution, except for the purpose of discharging some of the duties of his office. Police to serve (§ 575.) Sec. 35. The members of the metropolitan police force all criminal shall have the exclusive power, and it shall be their duty, to serve all process and r 1 J > Courts, etc. process within the city of Detroit, issuing from the recorder's court, police court, and from justices of the peace in criminal cases, within said city, whether directed to constables, the sheriff or otherwise, and shall be detailed by the proper officers to attend, instead of deputy sheriffs or constables, all courts of criminal jurisdiction of s-aid city; all the duties now performed by deputy sheriffs in serving writs, ex- ecuting orders of said court, attending said court, conveying prison- LAWS RELATING To THE CITY OF DETROIT. 299 BOARD OF METROPOLITAN POLICE. CHAPTER 22 ers to and from the county jail for arraignment or trial before said court, and in conveying prisoners to the Detroit house of coriection, the reform school, county jail, state prison or other place of punish- ment or imprisonment, under the judgment, sentence, order or pro- cess of said court; shall be performed by the members of said police force; and in no case shall deputy sheriffs, or any constable of said city, receive or be paid, by the county or state, any fee or compensa- tion for services directed in this section, or in any part of this act, to be performed by the members of said force. The actual expenses of travel and of performing duties under this section shall be paid by the county of Wayne, upon bills allowed by said board of police, and indorsed by the president and secretary thereof. (§ 576.) Sec. 36. The offices of city marshal and assistant offices of Citv Marshal and marshal of the city of Detroit are hereby abolished, and the duties of assistant abolished. said offices shall hereafter be performed by the superintendent of police, or by the captains and sergeants of police, under his direc- tions, in accordance with the provisions of this act, but this section shall not be operative until the superintendent of police, or captains of police, authorized by this act to be appointed, shall be sworn into office. (S 577.) Sec. 37. No person committed to the house of correc- „ ., , \° ' Bail of Dersons committed ti House of Correction. tion for want of bail shall be discharged therefrom, on bail, until the House of 1 order of discharge, by the magistrate or court who committed said person, or by the judge of some circuit court, or the recorder of said city (all of whom are authorized to approve of and take such bail), together with the original recognizance approved by such magistrate, court, judge or recorder, shall have first been delivered to the super- intendent of the house of correction; and said superintendent is hereby directed in every case to transmit said recognizance to the su- Prosecution of forfeited bail. perintendent of police, who shall, whenever the said recognizance is forfeited by the principal therein named, deliver the same to the at- 300 CAWS RELATING TO THK CITV OP DETROIT. Chapter •.'■.' board oj metropolitan police. torney of the board of police for prosecution; and said attorney shall forthwith proceed to collect the same by applying to the recorder's court of said city for an order upon the sureties in said bond to show cause why said recognizance shall not be forfeited and judgment en- tered for the amount of penalty therein mentioned against them, on a day in said order set forth. Said order shall be served personally upon said sureties, if they can be found in said city, and if they can- not be found, by leaving a copy at their last place of abode, at least four days before the day therein set forth, and shall be granted only upon the filing with said court of an affidavit or affidavits, showing to the satisfaction of said court that the principal named in said re- cognizance has, during the time for which recognizance is condi- tioned for his or her good behavior, been found guilty by a com- petent court of being a disorderly person, of any crime or misde- meanor, or that he or she has been and is a disorderly person, at any time within the life of said recognizance, and since his or her dis- charge from said house of correction. And the said sureties, or either of them, upon the service on the33, or either of them, of said order and affidavit, or affidavits, shall come into court upon the day in said order named, and show cause by affidavit or otherwise, as the court may direct, why judgment shall not be entered against them, or either of them, on said recognizance; and if they, or either of them,, after service of said order, fail to appear, or do not show sufficient cause, said court shall enter judgment against both, all or either of them, upon their said recognizance, and shall issue execution there- on, and collect the same in the same manner as in cases of judgment Moneys on forfeited recognizances in said court. All moneys collected on recovered for same. such executions shall be paid by the officer collecting the same, or by the person or persons against whom the judgment was rendered, to the clerk of said court, who shall, within three days after receiving the same, pay it to the officer empowered by law to receive it. LAWS RELATING TO THE CITY OF DETROIT. 301 HOARD OK METROPOLITAN POLICE. CHAPTER 22 i'i 578.) Sec. 38. Sections one, two, three, four, five, six, seven, Certain K ' ' sections of -eight and nine, of chapter thirteen, of an act entitled "An act to re- re pe^ed. rter vise the charter of the city of Detroit," approved February fifth, one thousand eight hundred and fifty-seven, which chapter was added by "An act to amend an act entitled an act to revise the charter of the city of Detroit, approved February fifth, one thousand eight hundred a,nd fifty-seven," and approved March twelfth, one thousand eight hundred and sixty-one; also sections one, two and three of an act en- titled " An act to amend an act entitled an act to revise the charter of the city of Detroit, approved February fifth, one thousand eight hun- dred and fifty-seven," and approved February 4th, one thousand eight hundred and sixty-four, and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed; such repeal, how- ever, to take effect and become operative only when the board of police appointed by this act shall be duly organized, and a police force shall be appointed by said board and sworn into office. The president of the board of metropolitan police shall notify the city no ticeof organization. marshal and assistant marshal in writing, and publish a notice in two daily papers published in Detroit, stating the fact and time of the organization of the said police force, for the purpose of fixing the time when sections thirty-five and thirty-six, and this section, shall become operative. (§ 579.) Sec 39. Any person who has no trade or occupation at Disorderly con- which he actually labors, and has no visible means of support, who cluct defined, frequents places for the retailing of spirituous liquors, and any per- son who frequents houses of ill-fame, or places where gaming for money is carried on, and any person in whose possession burglars' tools shall be found, for the possession of which he or she cannot ac- count satisfactorily, and any person who, having been convicted and imprisoned for any offense, neglects for the period of ten days to en- gage in some lawful business or occupation, shall be deemed a dis- LAWS RKI.ATINC. TO THK CITY OF DETROIT. CHAPTJ B 38 BOARD OI METROPOLITAN POLII I. t orderly person, and Bhall bo complained against, examined and deal with as is provided by the statutes of this state for disorderly persons. And it shall be the duty of the members of the police force to seize edings in regard to all burglars' tools, wherever found, and if the owner thereof can be burglars' tools. discovered, to complain of him under this section, and if he is found guilty under such complaint, the superintendent or some captain of police shall destroy or mutilate such tools, so that they cannot be used for burglarious purposes again, and if the said owner is not con- victed, said tools shall be returned to him. If the owner of said tools shall not be found within ten days after they are seized, the superin- tendent or some other member of the said force shall take the same to tlie police justice, and make oath before him of the time when and place where said tools were found; and if the said police justice shall find that said tools are burglars' tools, he shall orderthesame to be de- stroyed by the superintendent or some captain of the police; and if the said police justice, upon the examination of any person upon com- plaint under this section, shall decide that any of the tools are not burglarious, such tools shall be returned to the owner, or if upon tools being brought before him, the owner of which cannot be dis- covered, he shall decide that all or part of them are not burglarious, then such as he decides are not burglarious shall be left and disposed of in the same manner as is provided for property found by the police. Cases brought a 539. ) Sec. 40. Whenever the police justice of said city shall before police bv him. cognizable find, upon examination before him, that an offense not cognizable by him has been committed, and that there is probable cause to believe the person charged is guilty thereof, if the offense is bailable, said justice shall bind the said person with sufficient sureties to appear be- fore the recorder's court; and in default of said person entering into a recognizance for his appearance at said court, as ordered by said justice, said justice shall commit him or her to the county jail for LAWS RELATING TO THE CITY OF DETROIT. 303 BOARD OK METROPOLITAN POLICE. CHAPTER 2"-J trial; and the person so committed may, during the time he or she is confined in said jail awaiting trial, appear before said justice and give bail for his or her appearance at the recorder's court, and no other Bail sureties. court, magistrate or officer shall, under any circumstances, admit said person to bail except judges of the supreme and circuit courts, or the recorder of said city. If said person is brought by writ of habeas corpus before a circuit court commissioner, said commissioner, upon return being made to him on said writ, that said person is imprisoned by virtue of being committed for trial by said police justice, shall not admit said person to bail nor proceed to further hear the case under the writ, except to receive evidence sustaining or denying the truth of the return. In no case shall said police justice, or any judge, court, magistrate, or officer authorized to take bail for the appearance of any person charged with crime in said city receive as suretj r for said person any person who is a party to a recognizance for the ap- pearance of a person charged with crime, and which recognizance has been forfeited and is unpaid, or upon which recognizance judgment has been rendered but is unpaid and unsatisfied. Every judge, court, magistrate and officer, and said police justice shall, before receiving and accepting any person as surety under this section, require said person to swear that he is not a party to any forfeited and unpaid recognizance, nor a party to any unsatisfied judgment upon any recog- nizance for the appearance of any person charged with or convicted of crime or misdemeanor. (§ 581.) Sec. 41. In all cases of trial or examination of any de- Bail for appear- fendant before the police court of the city of Detroit, if any adjourn- an ce on ad- journed day. ment of any such trial or examination shall be had, and in all cases of the postponement of the examination of any party under arrest before said court, it shall not be competent for any other officer than the police justice, or the person acting as such, to take bail for the appearance of the accused at the said adjourned day. 3°4 (.'it \r ii H '.'.'. I.wvs RELATING XO THE CITY OV DETROIT. BOA I<1> ci M i i Rl >roi [TAN PO] u I PENSIONS TO POLICEMEN AND WIDOWS AND ORPHANS OK POLICEMEN. Aii Act to provide for the pensioning of the widows and orphans of members of the metropolitan po. ice force of the city of Detroit, killed or dving from the effects of injuries received while in the performance of their duty, and also to provide for a pension for members of the metropolitan police force of the city of Detroit who are injured or totally or partially disabled from injuries re- ceived while in the performance of their duty, and provide for a fund for and manner of payment of such pension. In c:ise of death from injury widow to receive pension. (§ 582, ) Section 1. The people of the State of Michigan enact, That whenever a member of the metropolitan police force of the city of Detroit shall be killed or shall die from the effects of injuries re- ceived while in the performance of his duty, leaving a widow, but no children, his widow shall be paid a pension of twenty-rive dollars per month. Should such police officer leave children, said widow shall be entitled to an additional sum of five dollars per month for each child so left by the death of such police officer; such pension of twenty-five dollars per month shall continue during the life of said widow providing she does not re-marry, upon which contingency said pension of twenty-five dollars per month shall cease to be paid. And said five dollars per month shall thereafter be paid to the legal guard ian of the surviving children of said officer. The pension provided for in this act for the children of such deceased officer shall cease upon the death of such child or upon its attaining its sixteenth year. LAWS RELATING TO THE CITY OK DETROIT. 305 BOARD OF METROPOLITAN POLICE. CHAPTER 2% (ja 583.) Sec. 2. Should such deceased police officer leave no Children of policemen to widow, but shall leave children surviving him, a pension of eight dol- ™{j*" e P ension ' lare per month for each child shall be paid to the guardian of such child or children, to be used in providing for the proper care, educa- tion and maintenance of such child. Said sum of eight dollars per month shall cease upon the death of such child or upon its attaining its sixteenth year. (§ 584.) Sec. 3, Any member of the metropolitan police force Totar disability. of the city of Detroit who shall become totally disabled from injuries received while in the performance of his duties shall be paid a pen- sion of fifty dollars per month during his life or while such total dis- ability shall exist. Total disability shall mean total inability to per- form manual labor, total loss of eye-sight, loss of speech, and loss of right arm or both legs. (§ 585.) Sec 4. Any member of the metropolitan police force Injuries. of the city of Detroit who shall from the effects of injuries sustained while in the performance of his duties lose his left arm, hearing, one eye, nose, one leg, loss of fingers on either hand, or of any other member of the body, which comes within the common law definition of mayham, he shall be entitled to such pension, not exceeding fifty dollars per month, as the committee provided for in section seven of this act shall determine to be just: Provided, That the determination of said committee shall in all things be final. ({a 580.) Sec. 5. The pension provided for in this act bhall be _ Pensions, paid by a warrant drawn and signed by the city clerk of the city of low pau ' Detroit, and countersigned by the controller of the city of Detroit upon the treasurer of said city, and shall be paid out of the general fund of said city, until the pension fund herein provided for shall have been raised, and thereafter from such pension fund. I.wvs RELATING TO THE CITY OF DETROIT. Chapter 22 • board 01 metropolitan police. Controller (§ 587.; Sec. 6. The city controller shall include in his annual irnish estimates a sufficient sum to pay all peusions provided for in this act, when the same shall become necessary to constitute a police pension fund, which estimate shall be allowed by the proper estimating bodies and raised by direct taxation. nsentitled (g ggg , Sec. 7. Whenever any person shall be entitled to a to pension \o / •> • common 'council pension under the provisions of this act, they shall present a petition to the common council of said city, praying that they may be allowed the same; upon such petition being presented to the common council the president shall immediately appoint two members of said com mon council to act upon a committee, of which committee the mayor of said city, its controller and the president of said council, together with the president of the board of police commissioners, shall be members, the mayor being chairman. Said committee shall consider such petition, and if said committee shall determine that the appli- cant is entitled to a pension under the provisions of this act, they shall report such determination back to said common council at its next regular meeting; which body shall order the name of said appli- cant placed upon a pension roll to be provided by the city clerk, and thereafter such applicant shall be entitled to draw such pension as p rov i so hereinbefore provided: Provided, however, That the city clerk may provide a day in each month for the payment of such pensions, noti- fication of which day shall be sent to each person entitled to such pensions, and such day when fixed shall not be changed during the official term of said clerk: Provided, further, That should said com- mittee of the common council determine that the applicant is not en- titled to a pension, they shall report the same as above provided, and such decision shall for all purposes be final. Pensions to aj 539 \ g EC g j n a i j cases the pensions provided for in this be paid from '" ' or t death. nJU act shall be paid from the date of the death of such officer, or from LAWS RELATING TO THE CITY OK DETROIT. 307 BOARD OF METROPOLITAN POLICE. CHAPTER 2'2 the date when injury, resulting in partial or total disability, was re- ceived. The provisions of this act are hereby made applicable to the widows and children of George Kimball, Alonzo Bullard, Albert T. Thayer and Edward Schumacher. This act is ordered to take im- mediate effect. (Approved June 23d, A. D. 1891.) LAWS RELATING TO THE CITY OK DETROIT. CHAPTKR 2S, BOARD OF METROPOLITAN POLICE. DISABLED AND INCAPACITATED POLICEMEN. An Act to provide ior placing on the retired list, on reduced pay, members of the metropolitan police force of the city of Detroit who shall have become disabled and incapacitated while in the active performance of official duty, and members of said force and per- sons in the employ of the police board of said city of Detroit, who after twenty-five years' faithful, continuous service, shall have be- come permanently incapacitated from performing regular active duty. (§ 590.) SECTION 1. The people of the State of Michigan enact, incapacitated That whenever a member of the metropolitan police force of the city policemen. of Detroit shall have become disabled or incapacitated while in the actual performance of official duty, and whenever any member of said force or other person in the employ of the police board of the city of Detroit, who has performed faithful service as such member or employe for a period of not less than twenty-five consecutive years, shall have become permanently incapacitated from performing regu- lar, active duty, he may be retired by the board of police commis- sioners from regular, active service and placed upon the retired list and when so retired shall be paid annually, in equal monthly pay- ments, a sum equal to one-half the anuual pay received by him at the time of his retirement, if the surgeon ef said force, or some other competent physician authorized by said police board to act in the premises shall certify to said board in writing that he is permanently, physically or mentally incapacitated from regular, active duty, which LAWS RELATING TO THE CITY OF DETROIT. 309 HOARD OF MK.rKOPOI.ITAN POLICE. CHAPTER 22 finding shall be approved by said board by resolution duly of record: Provided, That no member of said force shall be so retired until he has been duly notified by said board of its intention to so retire him, and he has had an opportunity of being heard in opposition thereto. (§ 591.) Sec. 2. Officers on the retired list shall be subject to Qfficerson the orders and discipline of the board of police commissioners, and shall perform such duties as may be required of them, and shall be subject to dismissal and to punishment in the same manner as officers in regular, active service. (§ 592.) Sec. 3. Said board of police commissioners may at any commissioners may require time require officers on the retired list to be re-examined by the sur- retired officers to be examined geon of said force, or some other competent physician authorized by by sur £ eon - said board to act in the premises, and if on such re-examination they are reported capable of performing regular duty, they may be re- quired by said board to return to regular duty on full pay. (t» 593.) Sec. 4. Nothing in this act shall be construed to apply XT ., . Vo •/ o ii-./ Nothing: in to special policemen nor to patrolmen appointed at the request and construed to apply to expense of private parties, nor shall any person in the actual receipt special policemen. of a pension for injuries received as a member of said police force draw any pay under the provisions of this act. (§ 594.) Sec. 5. All rewards and all the proceeds of gifts and Rewards, emoluments that may be allowed by the board of police commission- gifts, etc. ers to be given or paid on account of extraordinary services of mem- bers of the police force, all unclaimed money, proceeds arising from the sale of unclaimed property, and all fines imposed by the board of police commissioners upon members of the force for violations of rules, and the money now in the "police life and health insurance fund," which is hereby transferred, shall be paid into the Detroit city LAWS RELATING To XHE CITY OV nKTROIT. Chapter 82, board oi metropolitan police, treasury and used for the payment of salaries provided for iu this act. Any additional moneys needed for the payment of persons on the re- tired list shall be estimated for and raised by taxation in the same manner as the other expenses of maintaining the the police force of the city of Detroit. Persons on the retired list shall be paid at the same time and in the same manner as members of the regular active force. (Approved May 4th, 1893.) CHAPTER XXIII. HOUSE OF CORRECTION. All Act to pstablish the Detroit house of correction and authorize the confinement of convicted persons therein. (Approved March 15tn, 1861. Laws of 1861, p. 262.) (8 595,') SECTION 1. The people of the State of Michigan enact v « r N ame of That the building erected for that purpose by the city of Detroit shall Ius titution. be known and recognized as the " Detroit house of correction," and shall be used for the confinement, punishment and reformation of How to be used- criminals, or persons sentenced thereto, under the provisions of this act, or any law of this state authorizing the confinement of con- victed persons in the said house of correction. (§596.) Sec. 2. The management and direction of the said Four inspectors house of correction, subject to periodical inspection by the state au- thorities in their discretion, shall be under the control and authority of a board of inspectors, to be appointed for that purpose by the To be nom i. nated by the common council of the city of Detroit, upon the nomination of the mayor. mayor. Said board of inspectors shall consist of four members. The first four shall be appointed as follows. One member for one year, Term of- one for two years, one for three years, and one for four years. And annually thereafter one member shall be appointed for the full term of four years. And the official terms of the members of said board shall commence on the first day of July. Vacancies shall be filled in Vacancies, the same manner as the original appointments are made. (As amend- ed June 2, 1831.) 312 LAWS RELATING TO THE CITY OF DETROIT. Cm \ri i i; 23. in lUSI hi mikiiii i m\. i^"-' 1 >" ; >\ (§597.) Sec. 8. The Board of Inspectors of the Detroit House adopt rules, superintendent, of Correction, :is provided for in act number two hundred and seven guards,' etc. of the public acts of eighteen hundred and eighty-one, are hereby authorized and empowered to establish and adopt rules for the regu- lation and discipline in said House of Correction, and to appoint a superintendent thereof, whose term of office shall be three years, the salary of salary to be fixed by said board and not to exceed four thousand dol- Supenntendent. J J lars, and the appointment to be made at least three months before the expiration of the term then pending, and to fix the compensation of the subordinate officers, guards and employees, who shall be appoint- ed by the superintendent, and prescribe their duties not otherwise prescribed by law, and to make all rules and regulations in relation to the management and government thereof as they shall deem expedi- te appropriated ent - But no appropriation of moneys shall be made by said Board of excepting for necessary ex- Inspectors for any other purpose than the necessary expenses, and for penses without consent of com- tne repairs of said institution from damages which may occur to the inon council. ^ ° ^ property known as the Detroit House of Correction, and from ordin- ary wear and usage of the same, without the sanction of the Common Council, by a vote of the majority of the aldermen elect in said city, at some regular meeting subsequent to the meeting in which such appro- priation shall have been presented to said Common Council. All aots and parts of acts contravening the provisions of this act are hereby re- pealed. (As amended by act approved June 24, 1891.) Meetings of a 598.) Sec. 4. Said inspectors shall serve without fee or corn- board. v ' pensation. There shall be a meeting of the entire board at the house of correction once in each year, at such time as shall be fixed by said board. One or more of said appointed inspectors shall visit the said Meetings at house of correction once at least in each month. There shall be a House of Cor- rection, when: meeting of said appointed inspectors at said house of correction once to examine into management; j n ever y three months, when they shall fully. examine into its man- nts ' agement in every department, hear and determine all complaints or LAWS RELATING TO THE CITY OF DETROIT. 313 HOUSE OF CORRECTION. CHAPTER 23 questions not within the province of the superintendent, to determine and make such further rules and regulations for the good government of said house of correction as to them shall seem proper and neces- sary. All rules, regulations or other orders of said board shall be re- Records of corded in a book to be kept for that purpose, which shall be deemed a public record, and with the other books and records of said house of correction shall be at all tunes subject to the examination of any open to inspection. member or committee of the common council, the controller, treas- urer or attorney of said city, or any officer or person duly authorized by any court of record in this state to make such examination. (§ 599.) Sec. 5. The books of said house of correction shall be Records, how kept, so kept as to clearly exhibit the state of the prisoners, the number re ceived and discharged, and the receipts from and expenditures for and on account of each department of business, or for repair, or im- provement of the premises. A quarterly statement shall be made Quarterly statement. out, which shall specify minutely all receipts and expenditures, proper vouchers for each expenditure shall accompany each state- ment and the same be approved by the inspectors and the common council of the city of Detroit, and returned to the controller of said city for safe keeping. The accounts of said house of correction shall Accounts, be annually closed and balanced on the 31st day of December of each when to be closed. year, and the annual report submitted as soon thereafter as practi- j, , ,,-, . Annual reports cable, the first report to be made in (1882) eighteen hundred and when made and to whom eighty-two, giving a full account of the operations of the preceding to be sent - year, and the same submitted to the board of inspectors, and with their report to the common council, a copy of which shall be trans- mitted to each department of the state government, and to each county in the state having contracts with said city for the confine- ment and maintenance of convicted persons. And such report shall To be published be published in some newspaper in the city or in such other form as 314 CAWS RELATING TO THK CIT\ OP OKTROIT '" CH \r in 'I SI "I CORREI I [ON, Repealing clause. Superintendent his |io\\ i-rs and duties. Residence oi. Deputy Superintendent. his powers and dutiee. Counties may contract for keeping- of criminals. shall 1)«' directed bv said board of inspectors. (As amended April 1(1 1888.) (§ 600.) Sec. 6. All provisions of law relative to the appoint- ment or term of office of all officers of said house of correction not contained herein are hereby repealed. ( \s amended June 5, 1881.) (§ 601.) Sec. 7. The superintendent of the said house of correc- tion shall have entire control and management of all its concerns, subject to the authority established by law and the rules and regula- tions adopted for its government; it shall be his duty to obey and carry out all written orders and instructions of the inspectors not in- consistent with the laws, rules and regulations relating to the govern- ment of said institution. He shall be responsible for the manner in which said house of correction is managed and conducted. He shall reside at said house of correction, devote his time and attention to the business thereof, and visit and examine into the condition and man- agement of every department thereof and of each prisoner therein confined, daily, or as often as good order or necessity may require. He shall exercise a general supervision and direction in regard to the discipline, police and business of said house of correction. The deputy superintendent of said house of correction shall have and ex- ercise the powers of the superintendent, in his absence, so far as re- lates to the discipline thereof and the safe keeping of prisoners. (§ 602.) Sec. 8. The board of supervisors of any organized county in the state shal. have full power and authority to enter into an agreement with the common council of the city of Detroit, or with any authorized agent or officer in behalf of said city, to receive and and keep in the Detroit house of correction any person or persons who may be sentenced to confinement by any court or magistrate in any of said counties, for any term not less than sixty days. When- ever such agreement shall have been made, it shall be the duty of the LAWS RELATING TO THE CITY OK DETROIT. 315 HOUSE OK CORRECTION. CHAPTER 2& board of supervisors for any county in behalf of which such agree- ment shall have been made, to give public notice thereof in some ^ l l ' I c a e c " , how given. newspaper published within said county, and in case no newspaper is published in said county, then such notice shall be published in some newspaper within the judicial district to which said county is at- tached, for a period not less than four weeks, and such notice shall state the period of time for which such agreement will remain in force. (S 603.) Sec 9. In every county having such agreement with Duty of courts and justices in the said City of Detroit, it shall be the duty of every court, police jus- ^"^H"^ tice, justice of the peace, or other magistrate, by whom any person, for any crime or misdemeanor not punishable by imprisonment in the state prison, may be sentenced for any term not less than sixty days, to sentence such person to the Detroit House of Correction, there to be received, kept and employed, in the manner prescribed by law, and the rules and discipline of the said House of Correction; and it shall be the duty of any such court, police justice, justice of the peace, or other magistrate, by a warrant of commitment duly issued by the court, justice or magistrate declaring such sentence, to cause such per- son so sentenced to be forthwith conveyed by some proper officer to said House of Correction. (§ 604.) Sec 10. It shall be the duty of the sheriff, constable or Duty of sheriffs other officer in and for any county havintr such agreement with said and constables J ^ ° ° in counties City of Detroit, to whom any warrant or commitment for that purpose m ' may be directed by any court or magistrate in such county, to convey such person so sentenced to the said Detroit House of Correction, and there deliver such person to the keeper or other proper officer of said House of Correction, whose duty it shall be to receive such person so sentenced, and to safely keep and employ such person for the term mentioned in the warrant or commitment, according to the laws of said House of Correction: and the officer thus conveying and so deliv- 3 i6 LAWS RELAXING TO THK CITY OK DETROIT. in ii'i'i k 28 officei s . HOUSE in CORkEI l M\ ing the person or persons so sentenced, shall be allowed such fees or compensation therefor as shall be prescribed or allowed by the board of supervisors for the county in which such person shall have been convicted. State Prison inspectors may contract for confinement of criminals. Compensation Notice of contract; how given. Duty of the sheriffs. (§ 605.) Sec. 11. The inspectors of the state prison may con- tract with the said City of Detroit, or any duly authorized agent or officer in behalf of said city, for the confinement and maintenance in the Detroit House of Correction of persons convicted of any offense punishable by imprisonment in the state prison. Provided, That the compensation to be paid for such confinement and maintenance shall not exceed the sum of one dollar per week; and upon the completion and execution of any such contract, the inspectors of the state prison and of the said House of Correction shall give public notice thereof, in some weekly newspaper, in each county in which a weekly news- paper is published, after which any male person, under the age of twenty-one years and above the age of sixteen years, who shall be convicted of any offense (murder and treason excepted), punishable by imprisonment in the state prison, may, in the discretion of the court before whom such conviction shall be had, be sentenced to imprison- ment in the Detroit House of Correction; and every male between the ages of sixteen and twenty-two years, who shall, for the first time, be so convicted, shall be sentenced to said Detroit House of Correction. And every female, who shall be so convicted, shall be sentenced to said House of Correction. And every person so sentenced shall be re- ceived into the said House of Correction, and shall be kept and em- ployed in the manner prescribed by law, and shall be subject to the rules and discipline of said House of Correction. (§ 606.) Sec. 12. It shall be the duty of the sheriff of any county within which any person shall be convicted and sentenced, as in the eleventh section of this act provided, to convey such person to the said House of Correction, and deliver him or her to the super- LAWS RELATING TO THE CITY OK DETROIT. 3 X 7 HOUSE OF CORRECTION. CHAPTER £3 intendent thereof, for which such sheriff shall be paid the same fees Fees of. and compensation allowed for conveying persons to the state prison. (§607.) Sec. 13. All provisions of law authorizing the commit- . Cestain males ment and confinement of males under sixteen, and females under four- an d females under age to teen years of age, in jails, workhouses or houses of correction in the J^"^" City of Detroit, are hereby made applicable to all persons who may r Conectlon ' shall be, under the provisions of this act, sentenced to the said Detroit House of Correction. (§ 608.) Sec. 14. The expenses of maintaining the said House Expenses of of Correction, over and above all receipts for the labor of persons con- correction; 1 1 v. now to be lined therein, and for the support of those whose support shall not be defrayed, chargeable to the county of Wayne, or be otherwise provided for, shall be audited and paid, from time to time, bythe Common Council of the City of Detroit, and shall be raised, levied and collected as part of the ordinary expenses of said city. (g 609.) Sec. 15. Whenever the said house of correction all. Inspectors to in the opinion of the board of inspectors, by this act created and es- ma ke certifi- cates, where tablished, or by a majority of them, be so far completed as to insure filed and upon »«'■»■' r whom served. the safe confinement and employment therein of persons intended to be therein confined, they shall make duplicate certificates thereof un- der their hands and seals, one of which they shall file in the office of the clerk of Wayne county, and the other shall be served upon the sheriff of said county, and the said sheriff shall thereupon transfer all such persons to the said house of correction, and the superiutedent thereof shall receive such persons and safely keep them for the term for which they are sentenced, and employ them according to the dis- cipline and rules established for the government of said house of cor- rection. (*i 610.) SEC. 16. The board of auditors for the county of Agreement with common Wayne shall have full power and authority to enter into an agree- £eeping f ° r ment with the common council of the city of Detroit, or with .- ny au- ;is ClIAPTl I iWS i:i-:i. \T INC, TO THK CITY OK DETROIT. Mi>l M "I I OB i; III [ON. \otii e • i Lgreement to be published. Duty of Courts in making sentence. Officers to coni ey prisoners to House of Correction. Fees. Section not to apply to juvenile offenders. thorized agent or officer in behalf of said city, t<> receive and keep in the Detroit house of correction any person or persons who may be sentenced to confinement in said house of correction by any court or magistrate in said county of Wayne, for the offenses in this section hereinafter mentioned. Whenever such agreement shall have been made, it shall be the duty of the board of auditors for said county to give public notice, in some newspaper published within said county, for a period of not less than four weeks, and such notice shall state the period of time that such agreement will remain in force. Upon the making of such agreement, it shall be the duty of every court or magistrate in the said county of Wayne, authorized by law to sentence or commit any person to the county jail of said county as vagrants, com- mon drunkards, disorderly persons, common prostitutes, or for as- sault and battery, petit larceny or other offenses punishable by im- prisonment in the county jail, or by virtue of any final sentence or conviction, except for contempt, to sentence such person to be con- fined in the said house of correction, there to be received, kept and employed according to law, under the rules and regulations of said house of correction. And it shall be the duty of all officers having the execution of the final process of any court or magistrate sentenc- ing convicted persons to said house of correction, to cause such con- victs to be conveyed forthwith to said house of correction, and such officer or officers shall be paid therefor the fees allowed by law for conveying persons to the county jail; but this section shall not apply to those juvenile offenders who by law may be sent to the reform school at Lansing. (As amended by Public Act No. 98, Session Laws of 1879.) when justices (§611.) Sec. 17. It shall be lawful for any justice of the peace, to commit to House of police justice or other magistrate having jurisdiction thereof, in the Correction. t County of Wayne (when such agreement shall have been made), or in any other county having an agreement with the authorities of the City LAWS RELATING TO THE CITY OF DETROIT. 319 HOUSE OF CORRECT ON. CHAPTER 23 of Detroit for the confinement and maintenance of convicted persons in said House of Correction, in all cases of complaints for vagrancy, to commit any person, except such juvenile offenders as are mentioned in the last preceding section, convicted on such complaint before such justice or magistrate, to said House of Correction, for a term not ex- ceeding six months. (As amended by Public Act No. 98, Session Laws of 1879.) (§ 612.) Sec. 18. Every person lawfully committed to said Escape or breaking' House of Correction, who shall escape from or break said House of House of Cor- rection with Correction with intent to escape therefrom, or who shall attempt by int ent, etc. any force or violence, or in any other manner to escape from said House of Csrrection, whether such escape be effected or not, shall, upon conviction thereof, be punished by confinement in said House of P en:ilt y- Correction for a term not exceeding double the term for which he or she was so sentenced, to commence from and after the expiration of his or her former sentence. (§ 613.) Sec. 19. Upon the completion and execution of a con- Transfer of tract for the confinement and maintenance of persons liable to im- females from the State prisonment in the state prison in the said house of correction, as pro- Prison - vided in section eleven of this act, it shall be competent and lawful for the insp jctors of the state prison to transfer to said house of cor- rection all females confined in the state prison, and such persons so transferred shall be received into said house of correction and there confined and employed for the unexpired term of their sentences re- spectively. (§ 614.) Sec. 20. The superintendent of said house of correc- Superintendent tion shall cause to be kept a record of each and all infractions of the to keep record of offenses rules and discipline of said house of correction, with the names of j? ai . n ^ 1 ' discipline. convict or convicts offending, and the date and character of each of- fense; and every convict sentenced for one or more years, whose LAWS RELATING To THE CITY <>K DKTROIT. I 11 MM IK 28. H"l s i 01 CORK KCTION, name does not appear ui)on such record, shall be entitled to deduction of three days per mouth from his or her sentence, for each month they shall continue to obey all the rules of the said house of correc- tion. (§ 615.) Sec. 21. The board of auditors of the county of Wayne keeping con- and the common council of the city of Detroit shall have full power \ Lcted persons, how adjusted, and authority to settle and adjust, on such terms as shall be agreed upon, any and all claims or demands of the city of Detroit against the said county of Wayne for the board and expense of keeping con- victed persons in the Detroit house of correction, committed thereto by any officer or magistrate in said county of Wayne, within or with- out the limits of said city of Detroit, at any time prior to the time this act shall take effect. (As added by Public Act No. 98, Session Laws of 1879.) LAWS RELATING TO THE CITY OF DETROIT. 321 HOUSE OF CORRECTION. CHAPTER 23 HOCSE OF CORRECTION — SUPPLEMENTARY ACT. An Act supplementary to an act entitled "An act to establish the De- troit house of correction, and authorize the confinement of convicted persons therein." (Approved March 17th, 1867. Laws of 1867, Vol. I., p. 175.) (§ 616.) SECTION 1. The People of tlie State of 'Michigan enact, Females liable to State Prison That hereafter, whenever any female shall, in any court of the state to be sent to House of of Michigan, be convicted of any crime or offense, except murder, Correctl0n - which would under the existing laws of this state subject her to con- finement in the state prison, that the court by or before whom she shall be so convicted, shall sentence her to confinement in the Detroit house of correction, instead of the state prison, for such term as the said court shall deem just; and it shall be the duty of the superin- P ut y ? f the J ' Superin- tendent of said house of correction to receive and securely keep all ten ent ' females so convicted, sentenced and committed to said house of cor- rection, until the term of her or their sentence has expired, or until she or they are otherwise duly discharged by law or competent au- thority. Commuta- (§ 617.) Sec. 2. Whenever the sentence of any female now con- ^nc^aF**" fined, or that shall hereafter be confined, in the state prison, shall be confinement in the Detroit by the governor, or other competent authority, commuted to confine- House of Correction. ment for any period in the Detroit house of correction, it shall be the duty of the agent of said state prison to at once transmit such person in proper and safe custody to the superintendent of said house of correction, whose duty it shall be to receive and safely keep her in l.WVS Kll.ATINC TO THE CITY OF DETROIT. CRAPTKB 18. HOUSE OJ CORRECTION. said house of correction until the expiration of her sentence as com muted, or until she is otherwise discharged by due process of law or I sDectorsof competent authority. And the board of inspectors of the state contract with prison are hereby authorized and empowered to contract with the 1 louse of Correction. board of inspectors of said house of correction for the maintenance at said house of correction of persons sentenced pursuant to the pro- Proviso, visions of this section: Provided, That the compensation shall not exceed one dollar per week. (As amended by Public Act No. 67, Session Laws of 1879.) Confinement (§ 618.) Sec. 3. Hereafter, when any person found guilty of in House of Correction for disorderly conduct or breach of the peace by any court of said state, not giving n ill to state Court - m an y coimtV) ua ving, with the city of Detroit or its duly authorized agent, an agreement such as is specified-and provided for in section eight of said act, to which this is amendatory, shall be sentenced to give bail for good behavior, or upon other condition, it shall be com- petent for the court by or before which such person is convicted, to sentence her or him to confinement in said house of correction for the non-giving of or until such bail is given, and the superintendent of said house of correction shall receive and safely keep the person so committed until the term of commitment has expired, or until he is served with a certificate signed by a circuit judge of the circuit in which is included the county where such person was convicted, stat- ing that by giving of bail, or otherwise, the terms of the sentence or commitment of such person have been complied with. (§ 619.) Sec. 4. Whenever any court of the United States (sit- ting in 1 his state), or any officer thereof, shall order or sentence any person upon conviction to be confined in the Detroit house of correc- tion for any period of time, or for want of bail, or for any other cause, it shall be the duty of the superintendent to receive such per- son and him or her safely keep until the terms of such order or sen- LAWS RELATING TO THE CITY OK DETROIT. 323 ROUSE OF CORRECTION. CHAPTER 23 tence are fully complied with, and it shall be the duty of the super- intendent safely and securely to keep all such persons as have hereto- fore been received by him by virtue of any process, order or sentence of any court, of the United States, or any officer thereof, in com- pliance with such process, order or sentence. (As amended by act approved May 20, 1893.) (? 620.) Sec. 5. All laws now in force, applicable to persons Lawsappi i- v rr r cable to confined in the state prison, shall be and are hereby made applicable House of Cor- rection same to all persons who are, or hereafter shall be confined in said house of as in State Prison. correction, who have been transferred to said house from the state prison, or who shall be sentenced to confinement in said house, on conviction of any offense punishable by confinement in the state prison. (S 621.) Sec. 6. All acts and parts of acts inconsistent with the Acts repealed. provisions of this act are hereby repealed. (§ 622.) Sec. 7. No person shall be confined in the said Detroit house of correction sentenced from any other state or territory, or by any United States court sitting in any other state or territory than the state of Michigan: Provided, ho-vever, That this act shall not in any way affect the confinement of any person heretofore sentenced and undergoing imprisonment in said Detroit house of correction. (As added by act approved May 20, 1893.) (§ 623.) Sec. 8. It shall not be lawful for the authorities of the said house of correction to employ any free labor in or about such institution, except such as may be necessary for the control and man- agement of such house of correction and the care and detention of the persons confined therein. (As added by act approved May 20, 1893.) 324 LAWS RELATING TO THE CITY OF DETROIT. Chapter •-':>. hoi si 01 i oh R 1 1 tk>\. SUPPLEMENTAL ACT. An Act to provide for the imprisonment and detention of convicted persons in the Detroit house of correction. (Act approved April 3, 1869.) No Circuit (§ 624.) Section 1. The People of the State of Michigan enact, Court Com missioner of That no circuit court commissioner in the couuty of Wayne shall Wayne County writ' or habeas g raQ t a writ of habeas corpus or certiorari, to inquire into the cause of corpus or . ... certiorari to the detention or restraint ot the liberty ot any person who is lm- inquire into cause of deten- prisoned, detained or restrained of his liberty upon criminal process, tion. whether final or otherwise; and if under a petition which does not disclose that the person in whose behalf the writ is applied for is so imprisoned, detained and restrained, said commissioner grants said writ, he shall remand said person into custody, if return is made to said writ that said person is so imprisoned, detained or restrained, and „ , , shall discontinue all proceedings under said writ. Any order of said Order of ° sionertodis- commissioner to discharge a prisoner or person charged with or con- charge void. victed of a crime or misdemeanor, shall be void, and any officer or Misdemeanor to obey. other person obeying the same shall be guilty of a misdemeanor. Commissioner Said commissioner shall in no case inquire into the validity of the shall not in- quire into vai- commitment, or other process by which prisoners convicted or charged idity "f com- mitment, etc. w jth offenses are imprisoned or detained, nor shall said commissioner let any person charged with an offense to bail. LAWS RELATING TO THE CITY OK DETROIT. 325 HOUSE OF CORRECTION. CHAPTER 23 Who may (§ 625.) Sec. 2. Any justice of the supreme court, the judge of the circuit court of Wayne county, any circuit judge of the state, and ff^^a's corpus and the recorder of the city of Detroit may grant wi its of habeas corpus certiorari. and certiorari in criminal cases in the county of Wayne. (§ 626.) Sec. 3. No person shall be released from custody when W hen release from custody the return to a writ of habeas corpus alleges that the person in whose shall not be made. behalf said writ was issued is convicted by a court or officer of compe- petent jurisdiction, of a crime or misdemeanor, or is committed to im- prisonment to find sureties of the peace, by reason of any defect or in- formality in the process by which said person is committed °y said Court ol . : udge i , . , +, -i i n i granting; writ court or officer; but the court or judge granting the writ shall only fhahoniy in- quire into truth inquire into the truth of the return, and determine whether the court, of return, etc. or officer under whose judgment, order or finding said person is so imprisoned, or committed, has acted within the jurisdiction of said court or officer. No person committed to prison for trial shall be dis- Defect in charged by reason of defects in the process committing him. When- P rocess - ever the process by which a person convicted or committed, and is when process is defective, held in the jail, house of correction or other prison, is defective in judge, etc., may remand any respect, but has been issued by a court or officer of competent J^ttimus* jurisdiction, in the exercise of that jurisdiction, the court or judge granting the writ of habeas corpus shall remand the person in whose behalf said writ was issued, by a mittimus under the seal of said court, or the hand and seal of said judge, commanding the proper officer to keep the said person in custody in accordance with the judgment, order or commitment of the cyurt or officer by whose judg- ment, order or commitment said person is imprisoned, and said mitti- mus shall be and stand in the place of the process so defective. The Act . ipplies . . , . ,i i .i e tit i to W'avne provisions of this act shall apply to the county ot Wayne only. County only. }* LAWS RELATING To TllK CITY OF DETROIT. Ch \r i i B S3 mil si in c OB RECTION, Imprisonment of cum icteil prostitutes, To wliom complaints made in cities, In townships, villages, etc. Duty of lustier of the Peace. Duty of County Clerk. Dutjr of Sheriff, etc. (§ (i'27.) Sec. 4. Every person more than fifteen years of age who is a common prostitute shall, upon conviction thereof, be pun- ished by imprisonment in the Detroit house of correction for a term of three years. Complaints under this section may, in cities having a poliv e ju-tice, be made to said police justice, who shall hear, try and determine the same. In the townships, villages and cities which have no police justice, said complaints shall be made to a justice of the peace, who shall hear, try and determine the same; but said justice of the peace shall, within thirty days after he has determined the said complaint, if the said person is found guilty, file in the office of the county clerk of his county copies of all the proceedings under the same, and of the testimony, which copies shall, by the said clerk, be forthwith submitted to the circuit judge of said county, who shall, in writing, approve or disapprove of the finding of said justice of the peace, which approval or disapproval shall be filed by said judge in the office of said clerk, and shall be final. If said judge disapproves of said finding, the clerk shall certify the same under the seal of the circuit court, to the superintendent of said house of correction, and said superintendent shall, upon the receipt of the certificate, release the person in whose case it is made. It is hereby made the duty of anj r sheriff, constable or superintendent of police in this state, to serve said certificate upon the requisition of the said clerk, on the superin- tendent of said house. Powers of Inspectors of of Detroit House of Correction to establish rules, etc. (§ 628.) Sec. 5. The inspectors of the Detroit house of correc- tion may establish rules and regulations under which women confined in the said house by virtue of the preceding section may, upon re- formation, or marked good behavior, be absolutely discharged from imprisonment therein, or be released conditionally from residence in said house before their term of imprisonment has expired, which rules and regulations shall be approved by the circuit judge of the LAWS RELATING TO THE CITY OK DETROIT. 327 HOUSE OK CORRECTION. CHAPTER 23 county of Wayne, and the recorder of the city oi Detroit: Provided, Proviso. That the person released conditionally may at any time before the ex- piration of their term of. imprisonment be returned to a residence in said house under and by the written order of the said inspectors, which order shall be authority for any officer of said house, sheriff or policeman to arrest or return said persons. (§ 629.) Sec. 6. It shall be lawful for all courts of record hav- ^IZZ oi ,-^r-i- jn i" • Record, etc., ing criminal jurisdiction in the state of Michigan, and all police j us- to sentence female tices and justices of the peace in said state, in the exercise of their offenders of J r certain agfe to criminal jurisdiction, to sentence female offenders, who are not more S^JreaTon! than fifteen years of age, to the Detroit house of correction; there to remain and be kept until they are twenty-one years of age. The age of said offenders shall be ascertained to the satisfaction of the court "°^f* e d. or officers sentencing said persons, and certified to the superintendent of said house, who shall receive and keep them until they are twenty- one years of age. (? 630 ) Sec 7. Whereas, There is connected with said house Girls under u ' ' fifteen shall of correction, as a department thereof, a house of shelter, for the edu- \\^^*-™ cation and reformation of females; therefore, the inspectors of said house shall adopt rules and regulations by which girls under fifteen years of age, sent to said house under this or any other law, shall be kept in said house of shelter, and shall not, except they are refractory and incorrigible in their conduct, be imprisoned in the other depart- ment of the said house of correction, to be subject to the restraints which govern adult prisoner:-. (6 631 ) Sec. 8. Courts of record, the police court of the city of Jurisdiction of Courts of Detroit, and justices of the peace in the county of Wayne, in the ex- co^ ' f ohce /- Detroit and ercise of their criminal jurisdiction, shall sentence all female offenders justices of the Peace in who are under fifteen years of age to the said house of correction, Wayne County. ,- s LAWS RELATING TO THE CITY OF DETROIT. Chapter •,':!. lien SI 01 i OH R EC I ii IN. there to remain and be kept until they attain the aye of twenty-one years. The aye of such offender shall be ascertained and certified as provided in section six of this act. Girls under (fi 632.) Sec. 9. Any eirl under the age of fifteen years, who is fifteen may vo J ° ° J sentenced to the house of correction until she is twenty-one years of age, may be discharged therefrom at any time during her term of im- prisonment, under such rules and regulations as the inspectors of said house may adopt. Superintend- ent's report. Contents. (i 033.) Sec. 10. The superintendent of said house shall, in December of each year, report to the governor — First — The number and age of all persons confined therein; Second — Their term of imprisonment; Third — The cause of imprisonment; Fourth — The number of persons discharged and the reasons why, and all other facts which he may deem necessary to explain the con- dition and necessities of said house. Forms of commitment. Of common prostitute. (§ 634.) Sec. 11. The following forms of commitment of prison- ers sentenced under this or any other law of this state, to the house of correction, by a police justice or a justice of the peace, shall be suffi- cient; First — Commitment of a common prostitute: County — ss. To the superintendent or any patrolman of the metropolitan police of the city of Detroit, and the superintendent of the Detroit house of correction, greeting: Whereas, After trial, upon a complaint duly taken by me, ,* of ; in said county, was convicted of being a common prosti- tute, and was by me sentenced to be imprisoned in the Detroit house of correction for three years,J from and including this day of LAWS RELATING TO THE CITY OF DETROIT. 329 HOUSE OF CORRECTION'. CHAPTER 23 , A. D. 18—. Now, therefore, you, the said — — , superintend- ent, or any patrolman of said police, are hereby required to convey sa id to said house of correction, and deliver her into the custody of the superintendent thereof ; and you, the said superin- tendent of said house, are commanded to receive said into your custody, and her there safely keep until the expiration of said three years, or until she is discharged in accordance with law. Given under my hand, at the city of Detroit, this day of , A. D. 18—. Second— Girls under fifteen years of age, the same form as above, Girls under * fifteen. except that after the name of the person committed, and before the** the words: "Who is hereby certified to be of the age of years, and on this day," shall be inserted, and in lieu of the words "three years," before the J, the words: "until she shall attain, the age of twenty-one years," shall be inserted, and the words "from and including the day of , A. D. 18—," shall be omitted. Third— "The same form of commitment shall, as near as may be, ^s^ rly be used in the cases of disorderly persons. Fourth — In cases arising out of the city of Detroit, the said com- When outside ° J of city, to whor mitment shall be addressed to "the sheriff," or in towns or cities hav- ad,lressed - ing a police force, to the superintendent or other authorized officer of the force. (Approved April 3, 1869.) 33° in m- 11 k 28. LAWS RKI.ATINC, To I'HK CITY ()!•' DETROIT. [IOUSl cil- CORKECTION. CONFINEMENT OF CERTAIN PRISONERS. An Act to provide for the confinement of certain prisoners in the Detroit House of Correction. n-iu'ciUo >tr " (8 635.) SECTION 1. The People of the State of Michigan enact, County jail may be trans- That all female prisoners, who heretofore have been or shall hereafter fei rd to House of Correction. ^ e sen t e nced to imprisonment in the common jail of any county for a longer period than ninety days, in those counties where, at the time of such sentence, no contract had been made for the confinement of prisoners from such counties in the Detroit House of Correction, upon the order of the judge of the judicial circuit to which said county is attached, may be immediately conveyed to the Detroit House of Cor- rection to serve out the remainder of their sentences as soon as such a contract shall be made between said counties and said Detroit House of Correction: Provided, That the unexpired portion of said sentence is not less than sixty days. Sheriff to con- g 63 g v g E( 2 Upon being informed of such contract the vey female v ?> > l ° House"? sheriff of such county may immediately, upon receipt of the certificate Correction, when contract of the judge, as above provided, convey such prisoners to the Detroit made. House of Correction, and the commitment directed to the sheriff of such county shall be sufficient warrant for the reception and confine- ment of such prisoners in the Detroit House of Correction. This act is ordered to take immediate effect. (Approved February 5, 188 r i LAWS RELATING TO THE CITY OF DETROIT. 331 IIOISE (II COORECTION. CHAPTER 23 CONFINEMENT OF CONVICTED PERSONS. An Act relative to the confinement of convicted persons in the Detroit House of Correction and the State House of Correction and Reformatory at Ionia. (§ 637.) Section 1. The people of the State of Michigan enact , Persons for first offense That anv court of criminal jurisdiction in this state shall have power, niay r be sen ] J r ' to House of in the discretion of the court, to sentence any male person, convicted instead of State Prison. for the first time of any offense (rape, murder and treason excepted) punishable by imprisonment in the state prison, to imprisonment in the state house of correction and reformatory at Ionia, or the Detroit House of Correction, instead of the state prison, and every such per- son so sentenced shall be received into the said house of correction, and shall be kept and employed therein in the manner prescribed by law, and shall be subject to the rules and discipline of said house of correction: Provided, That no charge against any county nur the state shall be allowed for tha maintenance of persons sentenced to said Detroit House of Correction: And provided, further, That on the discharge of prisoners at the expiration of their terms of imprison- ment in Baid Detroit House of Correction they shall be returned to their homes in the state, if known, at the expense of the Detroit House Of Correction. This act is ordered to take immediate effect. (Approved April 19, 1887.) ;;• i.aws RELAXING XO I" ill*; CITY OF DETROIT. Chapter 23 housi oi correction. CONFINEMENT OK PERSONS VIOLATING ORDINANCES. An Act to provide for the confinement of persons who may be found guilty of the violation (of a village) ordinance or ordinances in incorporated villages in the connty of Wayne in this state. For violation (§ 638.) Section 1. The People of the State of Michigan enact-, of village ordinances That anv person convicted of the violation of the ordinances of any persons may be Hcmseof" incorporated village in the county of Wayne in this state, may, by any Correction. ...... „, magistrate of competent jurisdiction of the offense, be sentenced to the house of correction in the city of Detroit, for a period of not less than thirty nor more than ninety days: Provided, The common council or board of trustees of the village shall have made a contract with said house of correction in the city of Detroit for the care of such prisoners. Expenses (g 639.) Sec. 2. All expenses in the transportation of such how paid. prisoners, and all charges of said house of correction shall be audited and paid out of the contingent fund of said village, and sball in no case be a charge against the county in which said village is situated. This act is ordered to take immediate effect. (Approved June 24, 1887.) LAWS RELATING TO THE CITY OF DETROIT. 333 HOUSE OF CORRECTION. CHAPTER 23 PRISONERS COMMITTED OR SENTENCED BY COURTS OF THE UNITED STATES OR OF THE TERRITORIES THEREOF. An Act relative to the confinement in this state of prisoners com- mitted or sentenced by the United States or of the territories thereof. (§ 640.) SECTION 1. The People of the State of Michigan enact, ^ractwith V That it shall be lawful for the board of inspectors or other officers states. having charge of any person or penal institution in this state to con- tract with the government of the United States, or its duly authorized officers or agents, for the confitiement of such person or penal institu- tion of persons committed or sentenced to confinement or imprison- ment by the circuit courts of the United States or district courts of the United States, for this or any other state or the territories of the United States: Provided, That the compensation to be said therefor by the United States shall not be less than one dollar a week for each person: And provided, further, That the United States shall at its own expense return such prisoners when discharged from confine- ment to the state or territory from which they come. (Approved June 20, 1889.) 334 LAWS RELATING TO THE CITY OE DETROIT. Chapter S3 house oi correction. CONFINEMENT OF DISORDERLY PERSONS. An Act relative to disorderly persons, and to repeal chapter fifty-three of the Compiled Laws of 1871, as amended by the general acts amendatory thereof. confinement (.2 641.) Section 2. Any person complained of as being a dis- of disord. r ies in House of orderly person, and who shall be convicted or shall plead guilty, shall Correction. be punished by a fine not exceeding fifty dollars and costs of prosecu- tion, or by imprisonment in the county jail or the Detroit house, of correction not exceeding thirty days, or he may be required to enter into a recognizance with sufficient sureties for his good behavior for the term of three months. Any person who shall be convicted a sec- ond time of being a disorderly person, the offense being charged as a second offense, shall be punished by a fine not exceeding one hundred dollars and costs of prosecution, or by imprisonment in the county jail or the Detroit house of correction not less than thirty days nor more than three months; and for a third and all subsequent convic- tions, the offense being charged as a third or subsequent conviction, the punishment shall be a fine not exceeding one hundred dollars and costs of prosecution, or imprisonment in the county jail or the De- troit house of correction or the state house of correction and reforma- tory at Ionia not less than six months, nor more than two years: Provided, That if any male person shall be convicted of being a dis- orderly person before any justice of the peace or circuit court in the Upper Peninsula, such person, if sentenced to imprisonment, shall be sent to the state house of correction and branch of the state prison in the Upper Peninsula, or the county jail, as the justice or court before whom the case is tried shall deem best. (Part of act No. 264, ap- proved July 5, 1889.) CHAPTER XXIV. POLICE COURT. An Act to establish the police court of the city of Detroit. (Ap proved June 9th, 1885.) SECTION 1. The People of the State of Michigan encict } Court established. That on and after the fourth day of July, A. D. eighteen hundred and eighty six, there shall be in the city of Detroit a court which shall consist of two police justices, and which shall be known and desig nated as "The police court of the city of Detroit." (§ 643.) Sec. 2. The first election for said police justices shall justices" ° be held on the Tuesday next succeeding the first Monday in Novem- ber in the year eighteen hundred and eighty-five, when there shall be elected by the qualified electors of the city of Detroit two police justices, whose term of office shall commence on the fourth day of July, in the year eighteen hundred and eighty-six, and shall continue as follows, namely: One term for a period of two } r ears, and one term for a period of four years. At this election the electors shall, with the names of the persons for whom they intend to vote for police justice, designate upon their ballots the terms of office they intend such persons to hold, substantially in manner following, namely: For police justice — Term of two years (Name of candidate.) Ballots. For police justice — Term of four years. . . . (Name of candidate.) The person for whom the greatest number of legal votes shall be cast for police justice for any one of said terms shall be deemed and declared elected police justice for such term. On the Tuesday after the first Monday in November, in the year eighteen hundred and 336 1. wvs RELATING To THE CITY OK DETROIT. I'm \r\ I K 34. r >i i. i i hi H I . eighty seven, and on the same day iu every second year thereafter there shall in- elected in the city of Detroit a police justice, who shall hold office l'ir a term of lour years, commencing on the fourth day of July, of the year next succeeding. In case of a vacancy in the office, of police justice, the common council of the city of Detroit shall, as soon as practicable, order a special election to fill such vacancy, in like manner as at the time is provided by law in case of a vacancy in the office of mayor of said city; but no such special election for po- lice justice shall be held within the three months next preceding the time herein appointed for the regular election of a police justice, un- less there be more than one vacancy, in which case the common coun- cil may, in its discretion, order such special election to be held within the said three months. The provisions of law relative to holding elections for city officers in said city, canvassing the votes and making- returns thereof, and the disposition of and action upon such returns shall, as far as applicable, regulate and apply to all elections for said police justices. Whenever an election held under the provisions of this act shall, from any cause, occur on the same day with an election held under the charter of the city of Detroit for mayor, city clerk, city attorney, treasurer, and councilmen, or for any one or more of said city officers, the names of the persons voted for for police justice shall be placed on the same ticket, or ballot with the names of those voted for for the city offices afoiesaid. Clerk of Court. Assistants. (§ 644.) Sec. 3. There shall be a clerk of said police court, and also such assistant clerks as the common council of said city may a^ any time after the passage of this act by ordinance prescribe, but no amendment or repeal of such ordinance shall have the effect to re- move any assistant clerk from office during the term for which he is appointed. The clerk and assistant clerks of the police court shall be appointed by the police justice whose term of office shall first ex- pire, as soon as practicable after the fourth day of July, A. D. eighteen LAWS RELATING TO THE CITY OF DETROIT. 337 POLICE COURT. CHAPTEK 24 hundred and eighty- six, and after the fourth day of July in every second year thereafter, and they shall hold office for a term of two years, commencing on the first day of August in the year in which Term of they are appointed, and until their successors are appointed and qualified: Provided, however, That the persons appointed chief and assistant clerks in the year eighteen hundred and eighty-six shall hold such offices and shall execute the powers and perform the duties thereof during so much of the month of July of sard year as may remain unexpired at the time of their appointment and qualification. In case of vacancy in the office of clerk or assistant clerk of the po- ^ acancies - lice court, the same shall be filled by appointment in like manner as above provided, and the person appointed to fill such vacancy shall hold office for the remainder of the unexpired term, and until his successor is appointed and qualified. Memoranda of such appoint- ments shall be entered in the journal of the proceedings of the police court, and shall be signed by the police justice making such appoint- ment, and certificates of such appointments, signed in like manner shall be by him transmitted to the city clerk of said city, who shall file and preserve the same in his office, and notify the common coun- cil of said city of such appointments. (J 645.) Sec. 4. No person shall be eligible to the office of po- lice justice or to the office of clerk or assistant clerk of said police Qualifications court unless at the time of his election or appointment he shall be a° f justice, citizen of the United States and of the state of Michigan, and a resi- dent elector of the city of Detroit. Said police justices shall be at- torneys-at-law, authorized to practice in the supreme court of this state. The police justices, the clerk and assistant clerks of the police Oath of court shall, before entering upon the duties of their respective offices, clerks, take and subscribe the oath of office prescribed by the constitution of this state before some officer authorized by the law to administer oaths, and shall deposit the same with the city clerk, who shall file 338 CAWS RELATING TO THE CITY OF DETROIT. Ch wti k 84. i'oi.h 1 co) hi. and preserve the same in his office. The said clerk and assistant clerks, before entering upon the duties of their respective offices, shall each give his bond to the people of the state of Michigan in the penal sum of two thousand dollars, with two sufficient sureties, to be approved by the controller of said city, conditioned for the honest and faithful discharge of the duties of his office. Such bond shall be deposited with the controller, who shall file and preserve the same in his office, and inform the common council and the board of educa- tion of the city of Detroit of the filing of said bond, and of the names and residences of the sureties thereon. The common council, when- ever they shall deem such bond, or any of the sureties thereon, insuf- ficient, may, by resolution, order and require, within a reasonable time, to be fixed by such resolution, new or additional security, to be given in manner and form as near as may be, as is above provided in case of the original security to be filed by said clerks. Removal of (§ *^6.) Sec. 5. The police justices may be removed from office from office. CCS in like manner and for like cause as is provided by law for the re- moval of justices of the peace. The clerk and assistant clerks may be removed from office by the police justices on proof of incompetence (incompetency), gross neglect of duty, or wilful misconduct in office. Resignations. Resignation of office by any police justice shall be made to the mayor of the city of Detroit, who shall immediately inform the common council of said city thereof. Resignation of office by any clerk or assistant clerk shall be made to the police justices, who shall cause to be made an appropriate record of the same. Vacancy in office of police justice, clerk and assistant clerk shall be deemed to exist when the incumbent shall have died, resigned, been removed from office, ceased to be a resident of the city of Detroit, or wholly failed, for any cause other than sickness, for a continuous period of three months, to perform the duties of his office. Vacancy in the office of clerk or assistant clerk shall also be deemed to exist if such clerk or LAWS RELATING TO THE CITY OF DETROIT. 339 POLICE COLRT. CHAPTER 24 assistant tlerk shall not, within the time fixed by the common coun- cil, file new and additional security when required, as provided in section four of this act. The said police justices shall be ineligible to any other office during the term for which they are respectively elected. ( A.s amended by act approved June 28, 1887.) (§647.) Sec. 6. Each of the police justices shall receive an an- Salaries nual salary of three thousand dollars; the clerk shall receive an an- nual salary of eighteen hundred dollars; and the assistant clerks shall each receive such annual salary, not exceeding that of the clerk, as the common council may by ordinance prescribe; but the salary of an assistant clerk shall not be increased or diminished during the term for which he shall be appointed. The salaries provided by this section shall be paid in monthly installments. The police justices, the clerk and assistant clerks shall receive no other or further com- pensation for any services rendered, acts done or duties performed under this act than the salaries provided by this section. f8 648 ) Sec. 7. The members of the metropolitan police force „ \«J " v r Service of of the city of Detroit shall have the power and it shall be their duty P rocess - to serve all process issued and to execute all orders lawfully made by the police court or any of the police justices, and they shall perform all the duties of conveying prisoners from any jail or other place of detention or imprisonment to the police court or to any of the police justices for complaint, arraignment, examination, trial, sentence or other proceeding, and from the police court or the police justices to any jail, house of correction, reform school, prison, reformatory or any other place of detention, reformation, correction, punishment or imprisonment, under the direction, order, process, judgment or sentence of the police court or any of the police justices, and they shall he the ministerial officers of the police court and of said police justices. It shall also be the duty af the board of metropolitan police 34<3 LAWS Kl I \Tl\«. To THE CITV Of DETROIT. Chap n k •.' i. poi n > coi u r. of the city of Detroit, upon the written request of the police justices to detail a roundsman and two patrolmen of the metropolitan police force of said city to attend the police court; but said board may in its discretion detail a sergeant in place of such roundsman and may de- tail such additional patrolmen to attend the police court as shall from time to time be deemed necessary and proper. Common (§ 649.) Sec. 8. The common council of the city of Detroit council to provide shall have power and it shall be their duty to provide, maintain and court room. suitably furnish a place for the transaction of the business of the po- lice court, and of the police justices, and of said clerks, which place shall have such offices, rooms and apartments as may be deemed ap- propriate. The common council shall have power to provide such places by rental or by purchase, or in any other manner not incon- sistent with the provisions of the charter of the city of Detroit, or with the laws relating to the powers of said city; but such place or any part thereof shall not be within or a part of any building or other structure used in whole or in part as a police station. The place so provided by the common council shall be known and designated as "the police court building," and all of the business of the police court, of the police justices, and of the clerk and assistant clerks, shall be transacted therein, except as shall be otherwise provided by this act. In case of the destruction of such building or other neces- sity, the common council may provide a temporary place elsewhere for the transaction of such business. Expenses, (§ G50.) Sec. 9. The payment of salaries provided by section six how borne. of this act, and the cost and expenses of providing, maintaining and furnishing a place for the police court, and of securing any site there- for, as authorized by section eight of this act, shall be borne by the city of Detroit, and shall be provided for by the common council of said city, in its discretion, as a part of the general fund as established LAWS RELATING TO THE CITY OF DETROIT. 341 POLICE COl'RT. Chapter 24 by the charter of the city of Detroit, and shall be paid from such fund in like manner, as near as may be, as annual city expenses are provided and paid. All other cost and expense necessary and proper to the due maintenance and operation of the police court, and to the orderly and efficient transaction of the business thereof, and of the police justices and of said clerks, and to the due and complete opera- tion ©f the provisions of this act, including the service of all writs and process (excepting, however, the salaries of the sergeant, rounds- man and patrolmen mentioned in section seven of this act), shall be borne by the county of Wayne, and shall be provided for and paid in like manner, as near as may be, as other county expenses are provided for and paid. (§ 651.) Sec. 10. The police court shall have original and ex- jurisdiction of court in elusive jurisdiction to hear, try and determine all criminal cases criminal matters. wherein the crime, misdemeanor or offense charged shall have been committed within the corporate limits of the city of Detroit, or upon any lands, tenements or hereditaments owned or occupied by or under the authority of the city of Detroit, within the county of Wayne, and which crime, misdemeanor or offense would be, now or hereafter cognizable by a justice of the peace if the same had been committed in any other part of this state; to entertain, conduct and dispose of all preliminary examinations into crimes, misdemeanors and offenses which shall have been committed within the corporate limits of the city of Detroit, and which may now or hereafter be cognizable by the recorder's court of said city; to hear, try and determine, or other- wise lawfully entertain, conduct and dispose of all cases and proceed- in gs arising within the corporate limits of the city of Detroit, under the laws of this state relative to disorderly persons, illegitimate chil- dren, fugitives from justice from other states and foreign countries, the preservation of the public peace and the prevention of crime: Provided, however, That this act shall not be in any wise construed to 342 LAWS RELATING TO THIv CITY OF DETROIT. Ch w\ I R 24. POl ICE COURT. interfere with or affect :my of the powers of or the authority con- Vn'is'a'i'.'ti'm ferred by law upon the grand jury of the county of Wayne. The with Recorder's ,. ,, , ..••*•*.• ■„ .. ^ > Courtincer- police court shall have concurrent jurisdiction with the recorders t;iin ordinances. court of the city of Detroit to hear, try and determine cases arising under the ordinances of the common council relative to common prostitutes, vagrants, mendicants, street beggars, drunken persons, dissrderly persons, disturbances and breaches of the peace, indecent exposure of the person, indecent conduct, indecent exhibitions, and Person ar- other disorderly conduct. And any person arrested for a breach of rested for violation of city any of the ordinances aforesaid shall be discharged from custody ordinances to on f'frnishfng upon entering into recognizance in a sum not exceeding the penalty provided for the violation of the same, and with sureties satisfactory to the officer taking said recDgnizance conditioned for the appearance of such person to answer to any complaint that may be preferred against him or her. Either of said police justices, the clerk of the police court, and the clerk of the recorder's court of the city of De- troit, shall have power to take said recognizances, and it shall be the duty of the officer having such person in custody to produce him be- fore any of said officers for the purpose of giving bail when required wnerffiled! CeS ' so to do. All recognizances taken as hereby provided shall be filed as soon as practicable in the office of the clerk of the court before whom such person is brought for trial, and said court shall have full jurisdiction and authority to control and enforce the same. To have powei justic peace (# 652.) Sec. 11. The police court shall have power to issue all lawful writs and process, and to do all lawful acts which may be necessary and proper to execute and carry into complete effect the powers and jurisdiction given by this act, and especially to issue all writs and process, and to do all acts which justices of the peace, within their respective jurisdictions, may issue and do by the laws of this state, and shall, as far as applicable, be governed by the provi- sions of law regulating criminal cases aud proceedings before justices LAWS RELATING TO THE CITY OF DETROIT. 343 POLICE COURT. Chapter 24 of the peace, Any one of the police justices may open the police court, and hold, continue and adjourn a session thereof, and shall con- stitute a quorum for the transaction of any business of which the police court may lawfully take cognizance, and said police justices may severally hold, continue and adjourn sessions of the police court, simultaneously, for the transaction of any such business; but a continuance or adjournment by one police justice shall not of itself affect any session held hy or business pending before any other police justice. The police justices shall severally have power and authority to act in any case, matter or proceeding pending in said court as cir- cumstances and justice may require, or as may be necessary or proper, subject to the limitations of this act; but no police justice shall review or revise any order, judgment, sentence or act of any other police justice involving the personal discretion, judgment or opinion of such other police justice. The police justices may assign Apportionment or apportion the business of the police court among themselves, for° the convenient, orderly and prompt transaction thereof. The police justice whose term shall soonest expire, and who shall not have been elected to fill a vacancy, shall be known and designated as the senior police justice. He shall sign the daily journal of the proceedings of the police court. In case of the absence or inability to act of the Senior ce , ,, . jus " senior police justice, the other justice present shall act as senior po- lice justice. Except as provided by this act, the senior police justice shall possess no greater or other power or authority than any other police justice. The practice in the' police court shall, subject to the provisions of this act, conform, in general, to the practice in similar proceedings in courts of record; but neither the police court, nor any police justice, shall have any power or authority to grant new trials or to vacate or arrest any judgment, or to stay any proceedings there- on. No person shall be allowed to appear or practice in the police court as an attorney and counselor unless he shall be authorized to Attorneys, appear and practice in that capacity in the circuit court for the county .istice. Practice. 344 CHAITRR 84. LAWS RELATING TO THE CITY <>K DETROIT. i: 1. I . (II K r. Trial to be public. Exceptions. Hours of business. OlfWaj lie Trials and examinations in the police court shall be pub- lic, but whenever it shall appear that, upon the trial of any cause or upon examination, evidence of licentious, lascivious, degrading or peculiarly immoral acts or conduct will probably be given, the police justice presiding at such trial or examination may, in his discretion, require and cause every person except those necessarily in attendance thereon, to retire and absent himself or herself from the court room during such trial or examination, or any portion thereof; and no per- son under the age of sixteen years shall be permitted at any time to remain during the trial of any cause, or during any examination in the police court, or during any portion thereof, in the court room in which such trial or examination is pending, unless such person is accompanied by one of its parents or guardians, or is required by law or the process of the court to be present or in attendance thereon. The police court and clerk's office shall be open daily (except Sun- days and holidays) at reasonable hours, for the transaction of the g m- eral business thereof, but said court shall be deemed in law always open for the purpose of taking complaints, issuing warrants and ad- mitting prisoners to bail, in cases, matters or proceedings arising un- der the laws of the state of which the police court may take cogniz- ance; and in such cases, matters and proceedings, either police jus- tice may take complaints and issue warrants thereon, at all hours, and upon all days, anywhere within the corporate limits of the city of Detroit. It shall be the duty of the several police justices to attend and open the police court, and hold sessions thereof, at such times as the common council of the city of Detroit shall by ordinance pre- scribe, and then and there examine into and determine all cases aris- ing under any of the ordinances of said common council which shall be brought before the police court, and of which such court shall, by the terms of this act, have jurisdiction. And it shall be the duty of all officers having in custody or confinement any person charged with violating any of the ordinances of the common council mentioned in LAWS RELATING TO THK CITY OF DETROIT. 345 police court. Chapter 24 section ten of this act, to promptly bring such prisoner before the police court for trial or other lawful action, unless such prisoner shall be held under or by virtue of the warrant, capias or other process of another court, magistrate or officer. (§ G53.) Sec. 12. The police court shall have power to punish. Contempt as for a criminal contempt, any person who shall be guilty of any act, of court. conduct or behavior for which such person would be punishable as for a criminal contempt in any court of record, if such act had been committed within its jurisdiction, and the procedure in the police court, in cases of contempt, shall be substantially the same as in courts of record, and like punishment may be inflicted therein, except that no fine shall exceed one hundred dollars. (§ G54.) Sec. 18. The police court shall have authority in all ,, vo ■ J * •> May require cases, in its discretion, either before or after the issuing of process, to cosls f ro ,„ complainant require of the complainant security for costs to the satisfaction of the police justice ordering the same, or in his absence to the satisfac- tion of any other police justice, and the person becoming such se- curity shall sign a memorandum in writing to that effect, which shall be filed with the clerk, and shall be kept as a part of the proceedings in the case. If the defendant or prisoner shall be discharged upon examination, or acquitted upon trial, or if the complainant, being a material witness, cannot be found, and the case shall for that reason be dismissed, judgment for costs shall be entered immediately against the complainant, or against the complainant and his surety when se- curity for costs shall have been given; and such judgment shall have like force and effect, and execution for the collection thereof may issue as in case of any judgment rendered by a justice of the peace;. Provided, That the police justice rendering such judgment shall find and cause to be entered in the record of the case that he found that payment of such costs by the complainant was just and equitable. In determining the amount of costs the court shall be governed by the 346 LAWS RELATING TO THE CITY OF DETROIT. Ch \ritii 94. i'oi ic i i hi in. provisions of law relative to fees, costs and expenses in similar pro- ceedings before justices of the peace, but in no case shall such judg- ment for costs, when rendered, be less than for three dollars. If ex- ecution shall have been issued upon such judgment for costs, and shall have been returned unsatisfied, proceedings as for contempt may be had against the complainant or his surety, or both, as in case of criminal contempt committed out of the presence of the court. (§ 655.) Sec. 14. The police court, or either police justice Who may let prisoners lo thereof, the recorder's court of the city of Detroit, the circuit court bail. for the county of Wayne, and the supreme court of this state, and the justices thereof, and no other court, magistrate or officer what- ever, except as provided in section ten, shall have power to let to bail any prisoner or person in custody, charged with a bailable crime, misdemeanor or offense of which the police court shall for any pur- pose have jurisdiction. for'wiuTeTses ( § 656 -) SEC - 15> If lt Sha11 a PP ear t0 tUe P° lice COllrt > ° r t0 either police justice, by affidavit or other appropriate evidence upon oath, or by the testimony of any witness or witnesses given in the course of any trial or examination in the police court, that any person is a material witness in any case, matter or proceeding pending in said court, and will probably be a necessary witness therein, either before the police court or any other court, and that there is reason to believe that such person will not appear and testify in such case, matter or proceeding, unless security be given by such person to so appear and testify, the police court or police justice may by appropriate process attach such person and commit him or her to the custody of the su- perintendent of the metropolitan police force of the city of Detroit, to be by said superintendent held and detained according to law as a witness in such case, matter or proceeding until the further order of the police court, but not longer than thirty days .from the date of the UWS RELATING TO THE CITY OF DETROIT. 347 police court. Chapter 21 warrant of commitment, unless such person shall give bail in such ^°f ses sum and with such surety or sureties as shall be approved by either police justice of said court, conditioned, at the option of the party giving the same, eithter to remain openly for the thirty days next suc- ceeding the date of the warrant of commitment, within the corporate limits of the city of Detroit, or to appear and testify from time to time in such case, matter or proceeding therein without further notice. Commitment (§ 657.) Sec. 16. When any person shall be convicted in the commiuTK police court of any crime, misdemeanor or offense which may, by the to Detroit 1 House of terms of any law or statute prescribing the punishment therefor, be Correction. punished by imprisonment in the county jail, either as an absolute or alternative penalty, the judgment or sentence of the police court shall in such case, if punishment by imprisonment if imposed there- by, provide that such convicted person shall be imprisoned in the De- troit house of correction instead, anything in said law and statute to the contrary notwithstanding. And persons so sentenced to the De- troit house of correction shall be received and kept by the superin- tendent thereof in like mannner as other prisoners lawfully committed thereto. (§ 658.) Sec. 17. When by any statute of this state a forfeiture Offenders sub- is provided as a penalty for the violation thereof, and such violation ject to imprison- 1 r •> mentonnon- is an offense falling within the jurisdiction of the police court to hear, ^• fi 1 I " e L s nt try and determine, the offender shall, upon conviction in that court, be sentenced to pay a fine not exceeding the amount of such forfeit- ure, and in default of the payment of such fine to be imprisoned in the Detroit house of correction for a definite period, not (xceeding ninetv davs, unless such fine be sooner paid: Provided, That the said Certificates of J J > r conviction police court is excepted in all cases from the operation of law re- J^ e e d n0 quiring the filing of certificates of conviction with the county clerk. 348 i \.\s k 1: i. a Tim. to r 1 1 1-: city of Detroit. Chapter 24. police court. Serviceof (fi 659.1 Sec. 18. Any warrant, writ, or other process of the process, police court, whether issued by said court or a police justice, shall be in the name of the people of the State of Michigan, shall be addressed to the superintendent or any sergeant, roundsman, detective or patrol- man of the metropolitan police force of the city of Detroit, shall be tested by the senior police justice, shall be returnable before the police court at the police court building, shall be signed by the police justice issuing the same or authorizing the issuing thereof, and may, without backing or endorsement by any other court, magistrate, or officer, be served or executed anywhere in the State of Michigan. (g 660.) Sec. 19. Any case, matter, or proceeding pending in Adjournments. t j jg p ]j ce cour t m ay be adjourned, postponed or continued from time to time as in the discretion of tne court shall seem proper, except such as may be heard, tried, and determined in the police court, which shall, if the accused is in custody for want of bail, be heard, tried, and determined, within ten days after the return of the warrant, unless it shall be made to appear by affidavit or other sufficient showing that justice requires an adjournment, postponement, or continuance of such case, matter, or proceeding, beyond said ten days, in which event it may be adjourned, postponed, or continued beyond said ten days, but not more than thirty days in all from the date of the return of the warrant, and which shall, if the accused is not in custody for want of bail, be heard, tried, and determined within thirty days from the date of the return of the warrant. But if any of the periods of time herein limited shall expire during the trial of such case, matter, or proceed- ing, it shall, nevertheless, proceed to final determination, in the man. ner and with like effect, as though the period limited as aforesaid had not expired. Policecourt (§ 661.) Sec. 20. If either police justice shall have probable may investigate cause to suspect that an indictable crime, misdemeanor, or offense has crime- i^ r ' ' been committed within the corporate limits of the city of Detroit, and LAWS RELATING TO THE CITY OF DETROIT. 349 police court. Chapter 24 that any person within the lawful jurisdiction of the process of the police coMrt may be able to give any material evidence respecting such crime, misdemeanor, or offense, he shall have power and authority in his discretion to require such person to appear before him as a witness and answer upon oath such questions as shall be put to him or her touching such crime, misdemeanor or offense, or his or her knowledge or information of the same, or of any material fact involved therein; aud the proceedings to summon said witness and to compel him or her to testify shall, as far as practicable, be the same as proceedings to summon witnesses and compel their attendance and testimony in or- dinary cases, matters, and proceedings in the police court, and if upon such inquiry the police justice shall be satisfied that such crime, mis- demeanor, or offense has been committed, and that there is probable cause to suspect any particular person or persons to be guilty thereof, he may cause the apprehension of such person or persons by proper process, and upon the return of such process served or executed, the police justice shall proceed with the case, matter or proceeding in like manner as upon formal complaint by the injured party or other per son. And in respect of communicating or divulging any statements Law of grand made by such witness during the course of such examination the jury to govern, police justice shall be governed by the provisions of law relative to grand jurors. (S 662.) Sec. 21. The clerk of the police court shall keep a v " ' ' Records. true record of the proceedings of said court and of the business of his office in journals, calendars or other proper books to be provided for such purpose, which books shall be of such forms as shall be ap- proved by the senior police justice. He shall file and safely keep all i, m , s . books, bonds, recognizances and papers belonging to the police court or to trie office. He shall receive all fines and costs imposed by said court, and shall within forty-eight hours after the receipt thereof, pay the same to the county treasurer of the county of Wayne, and take 350 LAWS RELATING TO THE CITV OK DKTROIT. Ch iptkr 34, I'Ol.K'K COURT. receipt therefor, except such lines and costs as shall bo imposed and received in cases arising under the city ordinances above mentioned, which shall be paid in like manner and within the same period to the city treasurer of the city of Detroit, and by him credited to the police court fund, lie shall have power and authority generally to admin- ister oaths and take affidavits. He shall write depositions and per- form such other clerical work as shall be required from time to time by the police court. The assistant clerks shall have the same powers aud may perform the same duties as the clerk, but shall be under his direction and may be assigned by him to exercise such powers aud perform such duties before or with either of said police justices. In the absence of the clerk the senior police justice may direct an as- sistant clerk to act as clerk for the time being. The books, records,, files and papers of the police court and of the clerk's office shall be deemed public, and subject to reasonable rules and regulations to be fixed by the police justices, shall be, at reasonable times, open to- public inspection. (8 G6o.) Sec. 22. Juries in the police court shall be judges of Jury judges oflawandfact. t k e j aw au( j t ^ e f acts They shall be composed of six persons, who Records to be public. Challenges. Selection of juries. shall severally possess the lawful qualifications of jurors in the re- corder's court of the city of Detroit, and any challenge which would be valid if made in the recorder's court shall be valid and sufficient if made in the police court: Provided, however, That but two per"- einptory challenges shall be allowed to the people and a like number to the accused in all trials in the police court. The board of jury commissioners, as created by act number one hundred and sixty, of the session laws of eighteen hundred and eighty-one, shall continu- ally, or whenever required by the senior police justice, in accordance with the method provided by that act, select persons to serve as jurors for the trial of cases, matters and proceedings in the police court, and shall file a list of the persons so selected with the clerk of the police LAWS RELATING TO THE CITY OE DETROIT. 351 police court. Chapter 'M court. The number to be selected on the third Monday in May of each year, as provided by said act, shall be three hundred. After the filing of such list the proceedings for selecting, summoning and com- pelling the attendance of jurors and talesmen shall be, as far as prac- ticable, the same as is provided by law for like purposes in the re- corder's court, except that the attendance of the sheriff shall not be required. Jurors shall be drawn and summoned for a term of one month, which shall be the calendar month next succeeding such drawing. Not less than eighteen nor more than thirty-six jurors shall be drawn and summoned for a term, unless for a special reason the senior police justice shall, in writing, direct that a greater number be drawn and summoned. The persons so drawn shall be notified in writing of their liability to jury duty in the police court for the calendar month to be specified, which notice shall be served personally, if practicable, upon each person so drawn, by a member of the police, and a return in writing of the time and mannner or such service shall be made and filed with the clerk of the police court. The actual attendance of the persons duly notified for jury service may be required and en- forced according to law. No juror shall be excused from attendance for the term except by the concurrence of the two police justices. Whenever by law the recorder or judge of the recorder's court, re- quired or directed to be present at or participate in any part of the proceedings to seiect jurors for that court, the senior police justice, or acting senior police justice, shall perform like duty in like pro- ceedings to select jurors for the police court. (As amended by act approved June 28, 1887.) (§ 664.) Sec. 2:'<. In all cases determined in said police court an Appeals, appeal may be taken to the recorder's court of the city of Detroit, in the same time and manner and with same effect as prescribed by the general laws of the state for appeals from convictions by justices of J52 CAWS RELATING To THE CITY OP DETROIT. I'll M- l l K 34. POLICE K)l I(T. the peace within this state to the circuit court in criminal cases. (As amended by acl approved June 3, 1S91. (8 665.) Sec. 24. The common council of the city of Detroit appoint justice shall have power, at any time after the passage of this act, and subject to of peace to act as assistant the limitations thereof, by resolution to designate a justice of the police justice. peace of said city to act as assistant police justice, and in case of death, resignation, absence or inability of the present police justice, the person so designated shall have and exercise all the powers and functions of the present police justice, and shall perform all the duties of such office, and iu case of death, resignation, absence or in- ability of both of the police justices provided for by this act, simul- taneously, the justice of the peace so designated as assistant police justice shall have and exercise all the powers and functions of a police justice (including those of the senior police justice), and shall per- form all the duties of such office until a police justice is elected and qualified, or resumes the performance of the duties of his office. (§ 666.) Sec. 25. The act of the legislature of the state of Mich- Repeal of other acts after jo- a n entit ed "An act to establish a police court in the city of Detroit," July 4, 1886. ° J approved April 2, 1850, and all amendments thereof, and all other acts and parts of acts of said legislature relative to the police court of the city of Detroit, except so far as the same shall be preserved or con- tinued iu force by this act, shall on and after the fourth day of July, A. D. eighteen hundred and eighty-six, stand repealed, and the pres- ent police court of the city of Detroit shall on the fourth day of July, A. D. eighteen huudred and eighty-six, wholly cease to exist, and shall then and thereafter exercise no power, authority or jurisdiction whatever; and all cases, matters and proceedings pending and unde- termined before the said police court or police justice shall, on said day, by virtue of this act, simply, be and shall stand transferred to the police court established by this act, and shall therein be heard, tried and determined, or otherwise lawfully disposed of, as though LAWS RELATING TO THE CITY OE DETROIT. 353 police court. Chapter 24 originally commenced in the latter police court, and as near as may be, according to the law aiid practice thereof; and all records, books, Transfer of riles and tiles, bonds, recognizances and other papers belonging or appertain- P :l P ers - ing to the present police court, or to the office of the clerk thereof, shall be by such clerk promptly delivered to the clerk of the police court established by this act, and shall be by the latter clerk kept and filed in his office, where they shall have the same force and effect and be used for the same purpose as though originally filed in said office; but this act shall not be construed to affect any cause, matter or proceeding heard, tried and determined, or otherwise lawfully dis- posed of in the present police court at any time prior to the said fourth day of July, A. D. eighteen hundred and eighty-six, except for the taking of a lawful appeal therein, which may be taken under the provisions of this act only. Approved June 9, 1885. (2 667.) Sec. 26. Search warrants may be issued by the police court in all cases authorized by law, and with like conditions and Search warrants. limitations. Such process shall be directed as provided by section e'ghteen of this act, and shall command the officer executing the same to notify the person upon whose premises any of the property specified in such process may be found to appear at the police court at a time to be specified in such notice, to show cause why the prop- erty so found and seized should not be disposed of on such process in the manner provided by law. A memorandum containing the sub- stance of such notice, and in a form approved by the senior police justice, shall be served by the officer upon the person whose prem- ises any such property is seized. Such service shall be made at the time, as near as may be, that the property is seized, and by the officer executing the process, and may be served personally upon any per- son claiming rights in the property seized, or be left on the premises mentioned in the warrant of search with any person for the time be- ing having the charge of said premises. At the time mentioned in 554 LAWS RELATING TO THE CITY OK DETROIT. Cm vrri- r 84. POJ ICE COURT. such notice, or ;U such other time to which the hearing may be ad- journed, one of the police justices may proceed to hear and inquire into all matters relating to the issuing and execution of such search warrant, and shall hear evidence, if any be offered, by any person claiming such property against the right of seizure under such search warrant. If the said police justice shall not be satisfied, upon such hearing, that a disposition of ths property so seized may be justly made under such process, he shall order that the property be returned to the person and to the place from whence it was taken; otherwise he shall dispose of the same according to law and the very right of the matter. All proceedings under this section shall be summary, and no warrant of search issued by the police court under this sec- tion shall justify any search or seizure on premises beyond the cor- porate limits of the city of Detroit. (As added by act approved June 28, 1887.) LAWS RELATING TO THE CITY OF DETROIT. 355 police court. Chapter 24 STENOGRAPHER OF POLICE COURT. An Act to provide for the appointment of a stenographer for the pro- bate court of the county of Wayne, and for the police court of the city of Detroit, to prescribe his duties and fix his compensation. (§ 668.) SECTION 1. The People of the State of Michigan enact, Appointment. That the judge of probate for the county of Wayne shall have power to appoint a stenographer for the probate court of said county. (jj 669.) Sec 2. The person so appointed shall be deemed an officer of the court, and shall be subject to suspension or removal for incompetency or misconduct, and in case of such suspension he shall thereafter cease to hold the office of stenographer, unless by order of the court his suspension shall be rescinded. (§ 670.) Sec 3. It shall be the duty of the stenographer to at- tend each session of the court when directed by the judge thereof, and take full stenographic notes of all testimony and proceedings in cases required by said judge of probate. Whenever the services of Duty to attend said stenographer are not required in said probate court, upon the de- P olice court upon demand mand of either of the justices of the police court of the city of De- ° J ustlces - troit, he shall attend such sessions of the police court as they may di- rect, and take full stenographic notes of the testimony and proceed- ings in such cases. (§ 671.) Sec 4. The stenographer shall receive as his compen- Compensation, sation a salary of two thousand dollars per annum, which shall be paid in monthly installments out of the county treasury; and in case 556 CAWS RELATING TO THE CITY OF DETROIT. Ch vru I POl hi CO! R I either partj to B cause shall desire .1 transcript of his notes, he shall furnish such transcript to the party ordering it, and he shall be en- titled to receive for the same six cents per folio: Provided, That in case the prosecuting attorney should desire a transcript of said notes, the same shall be paid by the auditor (auditors) of Wayne county at a rate of six cents per folio: And provided, further, That in case the judges of said courts shall desire a copy for their personal use, the same shall be furnished without compensation. (§ 072.) Sec. 5. Before entering upon the duties of his office, the stenographer shall take and subscribe the official oath prescribed by the constitution, which oath shall be administered by the presiding judge. This act is ordered to take immediate effect. Approved June 7, 1&89. LAWS RELATING TO THE CITY OF DETROIT. 357 police COURT. Chapter 24 DISORDERLY PERSONS. An Act to provide for the punishment of disorderly persons in the City of Detroit, and also to provide for the support of their wives and children. (Act ap- proved June 2, 1881.) (§ 673.) SECTION 1. The People of the State of Michigan enact, Disorderly persons. That all persons, residents of the City of Detroit, who refuse or neg- lect to support their families, shall be deemed disorderly persons and Who are. guilty of a misdemeanor: Provided, That if upon the examination it shall appear to the satisfaction of the police justice thatthe defendant's .,,,.. 'When not neglect to support his said lamily was occasioned by sickness or other liable. physical or mental disability, or for other good cause, the same shall constitute a good defense to said charge. (§ 674.) Sec 2. Upon complaint made on oath to the police Police j ustice justice of the City of Detroit, against any person charged with the foregoing offense, and committed within the limits of said city, he shall examine the complainant on oath and the witnesses produced by him or her, and shall reduce the. complaint to writing, and cause the same to be subscribed by said complainant: And if it shall appear that such oil'ense has been committed, he shall issue his warrant re-Toiss citing the substance of the complaint, and requiring such person so charged to be brought before him to be dealt with according to law, of which notice in writing shall be given to the secretary of the wmmiSone«. board of poor commissioners, and in accordance with the provisions of "An act to establish a police court in the city of Detroit," approved ssue warrants. 358 LAW'S RELATING TO THE CITY OF DETROIT. I'll urn; 24. POLICE COURT. April two, eighteen hundred and fifty, and the amendments thereto, except as is provided for in the following section: Penalty. (§ 075.) Sec. 3. On conviction for such offense, such person shall be imprisoned in the Detroit house of correction for the period of not more than ninety days. Police justice (§ 670.) Sec. 4. The said police justice, on application therefor, cate'to vior'^ s h au gi y e to the wife or children of such person so convicted, if he shall be satisfied that they are liable to become a burden on the pub- lic, a certificate, duly certified, of such conviction, and setting forth the cause thereof and the term of imprisonment, which, on being pre- sented to the commissioners of the poor for the city of Detroit, shall be evidence of the facts therein stated, whereupon the following al- Eeiief of lowances, in money or in kind, shall be made by said commissioners dependents * family. out of the poor fund provided for the support of the dependent poor of said city, during the term of imprisonment of such person so con- victed, to wit: If there be a wife and child or children, the sum of thirty cents per day; if there be a wife, but no children, the sum of twenty cents per day, and which said sums shall be paid at the end of each w T eek by said commissioners to the above described persons. (§ 678.) Sec. 5. This act shall apply onl}' to the city of Detroit. All acts inconsistent herewith are hereby repealed. Ordered to take immediate effect. Approved June 2, 1881. CHAPTER XXV. JUSTICES' COURTS IN THE CITY OF DETROIT. An act relative to justices' courts in the city of Detroit. (Act ap- proved April 25, 1883.) (§ 678.) Section 1. There shall be four justices of the peace in Four justices and for the city of Detroit, who shall be elected at the regular charter to be elected - election of said city, or at any general election held therein, in the same manner and shall hold their office for the same term, pos- sess the same jurisdiction, powers, duties and liabilities as justices of dutTesT a " d the peace for townships, and the files, records and dockets belonging or appertaining to those offices of justices of the peace abolished by the act of which this act is amendatory, shall belong to and be filed and safely kept in the clerk's office hereinafter mentioned; and that justice of the peace whose office shall soonest expire by its own limit- ation shall be and is hereby authorized and empowered to issue ex- ecutions upon any judgment appearing upon any of said dockets in the same manner and with like effect as if such judgment had been rendered by him. The fourth justice of the peace herein provided Election and term of addi- for shall be elected at the general election to be held in the spring of tionai justices eighteen hundred and eighty-five, and shall at once thereafter assume the duties of his office, the same as though he were elected to fill a vacancy, and his term of office shall expire on the fourth day of July, 360 LAWS RJ RATING To THE CITY OF DETROIT. Chapti k 85. I'USTICES' COURTS 01 I 11 1 CITY OF D I 1KOIT. eighteen hundred and eighty eight, and thereafter his successor shall be elected tor the term of four years, as provided by the general stat- ute. (As amended .March IT, L885.) Auditors to provide court room . (§ 679.) Sec. 2. The auditors of the county of Wayne shall pro- vide a suitable court room for the accommodation of each of said justices of the peace, and also an office for the clerks hereinafter mentioned, also one jury room, which office and rooms shall be contiguous to each other: and the said auditors shall also provide the necessary dockets, books (including a set of Michigan Reports), blanks, station- ery, furniture, and fuel for the use of said justices and clerk. (As amended March 17, 1880.) Salary. Hours of office. (§650.) Sec. 3. Each of said justices of the peace shall be en- titled to receive from the treasury of the county of Wayne an annual salary to be determined by the board of county auditors in June for the following year, not exceeding two thousand dollars, payable in monthly installments, on the certificate of the said auditors. And each of said justices shall have the court room open, and he shall be in attendance at the duties of his office therein, at least from nine o'clock in the morning until twelve o'clock noon, and from two o'clock until four o'clock in the afternoon: Provided, That where either one of said justices is actually engaged in a trial of a suit he shall thus attend at least until five o'clock in the afternoon when it shall be necessary to do so iu order to finish the trial of such suit. And the said clerk's office shall be open continuously from nine o'clock in the forenoon until five o'clock in the afternoon of each day, except all legal holidays. (As amended by act approved June 27, 1889.) Clerk. (§ G81.) Sec. 4. There shall be one clerk for said justices of the peace to be known as the "clerk for the justices' courts for Detroit,"' who shall be appointed by said auditors on the first .Tuesday after the- LAWS RELATING TO THE CITY OF DETROIT. 361 JUSTICES' COURTS OF THE CITVOF DETROIT. CHAPTER "-":> first Monday in January of each year, to hold office for the term of one year, to commence February first, after such appointment: Pro- vided, That the present clerk of "justices' courts of Detroit," shall hold his office until the first day of February, one thousand eight hundred and ninety-four, unless sooner removed. Such appointment Appointment shall be made on the written recommendation of a majority of said of clerk, justices holding office, on or before January first of each year, which recommendation shall be tiled with said auditors. If, for any reason, such recommendation be not so made and filed by said last named date, then the said auditors shall make such appointment on their own motion, and said clerk's term of office shall be one year, dating from February first of each year, and he shall receive an annual salary to be determined by the board of county auditors in January for the fol- lowing year, not exceeding fifteen hundred dollars, payable in month- salary of clerk, ly installments from the treasury of said county, for the faithful dis- charge of the duties of his office; but the said auditors may at any time revoke the appointment of said clerk for cause, on the written recommendation of all of said justices of the peace. The said clerk Deputy clerks. shall have power to appoint one or more deputies when the necessity therefor shall be certified to by the said justices, and may revoke such appointment at pleasure, which appointment and revocation shall be operative from the time of filing the certificate thereof with the said audi- tors. Such deputies shall be authorized to administer oaths and per- Powers of form generally the duties of said clerk, and they shall receive as com- deputies. pensation such salaries, payable monthly, from the treasurer of said county, as the said auditors may determine, not exceeding the sum of Salaries of deputies. one thousand dollars per annum. The said clerk may require of each of said deputies a good and sufficient bond, with a surety or sureties deputies. in such amount and with such conditions as he may think proper. It • Duty of clerks. shall be the duty of said clerk to keep a true and complete record of each of said justices' courts, with the assistance of the said respective ;,,.- LAWS RELATING To THE CITY OK DETROIT. I HAPTER 36 JUSTICES' COUKTS OF THE CITY Ol DETROIT. Bond of clerk. justices of tin' peace, and enter all judgments in the docket of the justices rendering the same, in the time and manner provided by law; and after Buch entry each judgment shall be signed by the justice by whom it is rendered. The said clerk shall also file and safely keep all books and papers belonging or appertaining to the said courts, and enter in a book provided for that purpose, a list of the names of all he jurors that sit on the trial of cases before the said justices, with the names arranged in alphabetical order, together with the date or dates on which each juror so sat, with a reference to the page of the docket where the proceedings of the trial are entered; he shall al&o make all writs returnable to the said justices in regular rotation, and if upon the return or return adjourned day of any cause, the justice issuing the process therein shall be absent at the time to which the same is adjourned or the process therein made returnable, the next justice in the regular order of issuing writs, if present, and if not, one of the other justices shall have the same jurisdiction to proceed there- in as though it had originally been commenced before him; but the record thereof shall be entered in the docket of the justice issuing the original process. The said clerk shall receive all costs, fines and dues of every description, which are provided by law in all proceedings in said justices' courts, and shall pay the same weekly to the treasurer of said county, and shall take his receipt therefor. He 6hall have power generally to administer oaths and take affidavits, and before entering upon the duties of his office, he shall make and file in the office of the clerk of said county, a bond in the penal sum of three thousand dollars, with two or more sufficient sureties to be approved by the said county auditors conditioned that the said clerk shall weekly well and truly pay to the said county treasurer all moneys re- ceived by him as said clerk, for the use of said county, and otherwise fully and faithfully discharge all the duties of his said office. (As amended by act approved March 6, 1893.) LAWS RELATING TO THE CITY OK DETROIT. 3 6 3 JUSTICES' COl'KTS OF THE CITY OF DETHOIT. Chapter 25 (§ 682.) Sec. 5. Before any civil action or proceeding, except proceeding in garnishment, shall be commenced in any of said courts, there shall be paid to the said clerk, by the party bringing the same, the sum of fifty cents, and before the trial of any such action or pro- ceeding shall be commenced, the further sum of fifty cents; but in case of non-suit, no judgment fee shall be required, and proceedings in garnishment shall be treated as part of the principal case, and no additional fee shall be charged therefor, up to and including the entry of judgment therein. If any person shall satisfy one of said justices, by affidavit, that he has a good, meritorious cause of action for personal services against another, within the jurisdiction of said courts, and that he has made a personal demand of payment therefor of the debtor, and that such payment has been refused, and shall therein also state the name and residence of the debtor, and the amount due, over and above all legal set-offs, the justice to whom such affidavit is presented, may, in his discretion, indorse on such affi- davit directions to the said clerk to cause to be issued the proper writ Justice may in the case before one of the other of said justices, without charge for ord« costs court fees for the commencement or trial of such cause. If the plaintiff in such case recover judgment, he shall be entitled to tax, as Taxed costs. part of his costs, an attorney fee of five dollars; and the usual court fees shall also be taxed against the defendant, but in favor of said county. If the defendant obtain judgment in such cause, the said court fees shall, in like manner, and for like purpose, be taxed against the plaintiff. Nothing herein contained shall be so construed as to prevent the circuit court for the county of Wayne, on an appeal for any such cause, to require the plaintiff therein to give security for «osts, as in other cases. If any party demand a jury in any action in said court, he shall advance the fees therefor, and the same shall be disposed of by the said clerk as is now provided by the general statute of the state governing justices' courts. Before any affidavit, or writ, VM CAWS RELATING TO THE CITY OF DETROIT. Chapter 25. [ustices' courts of the city of Detroit. or certiorari shall be served on any one of said justices of the peace, in addition to the let's allowed by law for making returns to an appeal or certiorari^ the entry fee, on filing the same in the circuit court, shall be paid to said clerk by the appellant, or plaintiff in error, and the said clerk shall, as early as practicable, file the return to such ap- peal, or writ of certiorari, in the office of the clerk of the circuit court for the county of Wayne, and pay over the entry fee so advanced to him as aforesaid. The money so paid to said clerk of justices' court shall be for the use of said county, and shall be held to be in full of all fees in civil action, from the commencement thereof to and in- cluding the issuing of execution therein. The sum or sums so paid, including the jury fees, shall be taxed as cost of suit in favor of the party paying the same, if he be the prevailing party in the suit, in ad- dition to any other costs to which he may be entitled by law. In criminal cases the same costs shall be paid, and in the same manner as in such proceedings before justices of the peace in townships, ex- cept that the same shall be paid to the said clerk, as in civil cases is provided. (As amended March 17, 1885.) Exclusive r? 683) g EC (j The said justices of the peace of the city of jurisdiction, v ' j i j Detroit shall, as against all other justices of the peace, have exclusive jurisdiction of all actions and proceedings within their jurisdiction, where both of the parties thereto shall, at the time of the commence- ment of such action or proceeding, be residents of said city. They shall also have a like exclusive jurisdiction where the original cause of action existed in favor of a resident of said city, but has been by him assigned. (As amended March 17, 1885.) Fees (§ 684.) Sec. 7. This act shall in no way affect the fees to which justices of the peace may be entitled on the performance of marriage ceremonies, taking acknowledgments and administering oaths in mat- ters not connected with any litigation in said justices' courts, nor shall LAWS RELATING To THE CITY OF DETROIT. 365 JUSTICES'' COURTS OF THE CITY OF DETROIT. CHAPTER 25 it affect the fees to which constables are entitled, or the present method of paying them. (As amended March IT, 1885.) (§ 685.) Sec. 8. The service of a summons under this act, may Service of be made in the manner prescribed in section fourteen of act number summons. one hundred and ninety-one, of the public acts of eighteen hundred and seventy-nine, being section six thousand eight hundred and twenty-seven of Howell's Annotated Statutes. (As added by session laws of 1885, approved March 17, 1885.) 366 i.wvs RELATING TO THE CITY OF DETROIT. Chapter 36. justices' courts oi mm i i i \ oi Detroit. u X RELATING TO THE JURISDICTION OF JUSTICES OF THE I'EACE IN WAYNE COUNTY. An Act to amend section five of chapter one hundred and seventy - eieht of the compiled laws of eighteen hundred and seventy one, entitled, " An act to amend chapter ninety-three of the revised statutes of eighteen hundred and forty-six, entitled, 'Of courts held by justices of the peace,'" the same being section six thousand eight hundred and eighteen, of Howell's Annotated Statutes. (§ 686.) SECTION 1. The people of the State of Michigan enact t That section five of chapter one hundred and seventy-eight of the compiled laws of eighteen hundred and seventy-one, entitled, " An act to amend chapter ninety-three of the revised statutes of eighteen hundred and forty-six, entitled, 'Of courts held by justices of the peace,' " the same being six thousand eight hundred and eighteen of Howell's Annotated Statutes, be and the same is hereby amended so as to read as follows: (§ 687.) Sec. 5. Every action commenced in such court shall be brought before some justice of the peace of the city or township where: First — The plaintiffs or any of them reside; or, Second— Where the defendants or any of them reside; or, Third — Before some justice of another township or city, in the same county, next adjoining the residence of the plaintiff or defend- ants: Provided, however, That no justice of the peace of any of the townships in the county of Wayne shall have jurisdiction over any LAWS RELATING TO THK CITY OF DETROIT. 367 JUSTICES' COURTS OF THE CITY OF DETROIT ChAPTRK 25 cause or proceeding, where both parties to the same or one or more of the plaintiffs and one or more of the defendants reside in the city of Detroit at the time of the commencement of the proceeding or cause, nor in case where the original action existed in favor of a plaintiff and * against a defendant, both residents of said city, and has been assigned to a non-resident of said city ; or, Fourth — Before some justice of a city in the same county, formed from a township, or townships, next adjoiuing the residence of the plaintiff, or defendant, or one of the plaintiffs or defendants: Pro- vided, That nothing herein contained shall change or limit the juris- diction of a justice of the peace where the same has been prescribed by the charter of an incorporated city. Approved May 27th, 1885. CHAPTER XXVI. REGISTRATION OF BIRTHS AND DEATHS. An Act to provide for the registration of births, marriages and deaths. (Act No. 194, Laws of 1867.) (Section 1, Chapter xxiii., Howell's Annotated Statutes 1882.) (§ 688.) Section 1. The People of the. State of Michigan enact, Supervisors That it shall be the duty of the supervisor of each township, and the and assessors L ' to appoint per- supervisor or assessor of any city or ward therein in this state, between regulation? the tenth day of April and the first day of June, in the year eighteen hundred and sixty-nine, to ascertain by actual inquiry, or otherwise, of the inhabitants thereof, the births and deaths which have occurred in their respective townships, cities or wards, from and including April fifth, eighteen hundred and sixty-eight, too and including De- cember thirty-first, eighteen hundred and sixty-eight, together with the facts relative thereto, as are hereinafter provided for, and shall make an accurate return thereof to the clerk of the county in which said „ . . . ■' Returns to be township or city is situated, on or before the first day of June; and for county derk. such service shall receive ten cents for each birth and death so re- turned by them, to be paid by the county in which such returns are made. In the year eighteen hundred and seventy, and in each and Time of taking. Returns to be everyyearthereafter.it shall be the duty of the officers above men- for year last preceding. tioned, between the tenth day of April and the first day of June, to ... , . . , . ,.,.,,. Statistics: how ascertain by actual inquiry, or otherwise, of the inhabitants thereof, obtained, the births and deaths which have occurred in their respective town- ships, cities or wards during the year ending on the last day of the 37° l.AUs RELATING r0 THE CITY OK DETROIT. Chapter 26. registration or births and deaths. Compensation, preceding December, and shall make the return and receive therefor Proviso reia- * ne compensation above provided f or: Provided, rhat in the city of tive to the city of Detroit Detroit the duties required by this act to lie performed by supervisors and assessors shall be performed by persons appointed bv the com appointper- mon council for that purpose: and it shall be the duty of the common sons to act in thecityof council, on or before the tenth day of April in each year, to appoint Detroit. such number of persons in each ward of said city as shall be neces- sary to perform said duties within the time limited by this act; and such persons shall possess all the authority conferred upon, and per- form all the duties required of supervisors and assessors by this act, within the territory assigned them, respectively, by the common coun- Compensation cil, and shall receive such compensation for their services, not ex- of persons so appomte . ceeding the sum allowed by this act to supervisors and assessors, as shall be fixed by the common council, to be paid by the county of How paid. Wayne, and shall be liable to the same penalties for refusal or neglect to perform any of said duties. (As amended by act 125, Laws of 1869, p. 214.) CHAPTER XXVII. PURCHASING FRANCHISES OF PLANK ROAD COMPANIES. An Act relative to the Detroit & Howell Plank Road Company. (§ 6 road companies, DETROIT >Y SALINE PLANK ROAD COMPANY I'OWKH Id PURCHASE OB CONDEMN. Aii Act to authorize the city of Detroit to purchase or condemn for the use of the public all the rights of the Detroit & Saline plank road company in any street in said city. (§ 091.) SECTION 1. The /'< ople of the State of Michigan enact) That the city of Detroit is authorized to purchase for the free use of the public, at a valuation to be agreed upon, all the rights of the De- troit ifc Saline plank road company, in any street of said city of De- troit. (? 692.) Sec. 2. In case no satisfactory agreement can be made City may with the directors of said company for said purchase, then the said COIKK""" D. & S. Plank Road. oiiin city of Detroit, by its proper officers, is authorized and empowered to condemn for public use all the rights of said plank road company in any street in said city, in the same way in which the land or property of individuals is condemned for the use of streets under the laws applicable thereto. This act is ordered to take immediate effect. Approved May 31, 1881. LAWS RELATING TO THE CITY OF DETROIT. PURCHASING Kl< \N< illsl s (]| IM. \\K UdAD COMPANIES. DETROIT & SALINE PLANK ROAD COMPANY. All Act to repeal an act entitled, "An act to incorporate the Detroit & Saline Plank Road Company," approved March twenty- third, eighteen hundred and forty-eight, and to pro- vide for winding up the affairs of said company. (§ 693.) SECTION 1. The people of the State of Michigan enact, That an act entitled, "An act to incorporate the Detroit & Saline p ' Plank Road Company," approved March twenty-third, eighteen hun- dred and forty-eight, and all acts amendatory thereof, be and the same are hereby repealed. (§ 694.) Sec 2. Proceedings to wind up the affairs of said cor- poration may be instituted in the circuit court for the county of Wayne in the same manner and with the same force and effect as in cases where judgment of forfeiture has been rendered or the corpora- tion has expired by limitation of time. This act is ordered to take immediate effect. Approved June 2nd, 1893. CHAPTER XXVIII. MANUFACTURE AND SALE OF ILLUMINATING GAS. An Act to authorize the common council of the city of Detroit to manufacture and sell illuminating gas. (Act No. 33!), Laws of 1875, approved April 22d, 1875.) (S 695.) Section 1. The People of the State of Michigan enact, Va r ■ ' J S ' Authority to That there shall be appointed by the common council of the city of 3mUs1oners Detroit, on the nomination of the mayor, four freeholders and electors of the city of Detroit, who shall constitute a board to be known and designated as "The board of gas commissioners of the city of De- troit." Such persons shall hold their offices for the term of one, two, Term of office. three and four years, respectively, from the time of their appoint- ment, which term shall be determined by lot, in the manner pre- scribed by ordinance for drawing lots. Each succeeding member so appointed by the council shall be nominated in like manner on the second Tuesday before the expiration of the term of office of any member whose term will next expire, and for the term of four years; all vacancies in said board, whether by expiration of term of service „, * \ acancies. or otherwise, shall be tilled by the nomination of the mayor, and be confirmed by the common council. (§ 096.) Sec 2. That the persons constituting said board when appointed, and their successors in office, shall be known by the name powers of commissioners, and style of "The board of gas commissioners of the city of De- troit," and by that name shall have power to contract, sue and be sued, to purchase, hold and convey real and personal estate, to have a ^T' 1 CAWS RELATING TO THE CITY OK DETROIT. I'll M'lHK 88. MANUFACTUR] VND SALE OI ILLUMINATING GAS. President, anil vacancv in office of. common seal, to alter and change the same at pleasure, to make by laws and ordinances, and do all legal acts which may bo necessary and proper to carry into effect the intent and object of this act. i \ 697.) Seg. 3, The said commissioners shall choose one of their own number as president, who shall hold his office during the term for which lie was appointed, and in case of a vacancy occurring in his office, by his removal from the city, or from office, resignation, death or otherwise, the board shall appoint his successor as such president, during the term of such person so appointed. They shall Secretary to be appointed, also appoint some suitable and proper person as secretary, who shall hold his office at the pleasure of said board, and employ superintend- ents, surveyors, engineers, collectors, clerks and others as shall be necessary to enable them to perform the duties of this act; but in no to'serve 810 " ' S case shall said commissioners receive, directly or indirectly, any com- gratuitously. pensation for their own services. Also, other officers. Commissioners may be removed. (§ 698.) Sec. 4. Any member of said board of commissioners may at any time be removed by a vote of two-thirds of the members elect of the common council of said city, for sufficient cause, and the proceedings in that behalf shall be entered on their journal: Pro- vided, That the said common council shall previously cause a copy of the charges preferred against the commissioner sought to be re- moved, and notice of the time and place of hearing the same, to be served on him ten days at least previous to the time assigned. (§ 699.) Sec. 5. No one or more of the said commissioners shall be interested, directly or indirectly, in any contract entered into by them, with any other person; nor shall they be interested, either direetly or indirectly, in the purchase of any material to be used or applied in and about, the uses and purposes contemplated by this act. Consider all (§ 700.) Sec. 7. It shall be the duty of said commissioners to matters relative to manufacture eX amine and consider all matters relative to manufacturing and sup- of gas. Not to be interested in contracts. LAWS RELATING TO THK CITY OF DETROIT. 377 MANUFACTURE AND SALE OF ILLUMINATING GAS. ' HAFTER 28 plying the city of Detroit, for the use of its inhabitants, with a suffi- cient quantity of illuminating gas, and as soon as the necessary funds shall have been procured as hereinafter provided, to purchase land and materials for, and to construct such works, buildings, machinery, pipes, and fixtures, as shall be deemed necessary for the manufactur- ing of a full supply of gas for public and private use in said city. fS 701.) Sec. 7. Said commissioners shall have power to con- „ " ■ ' Power to con- struct reservoirs, and lay pipes in and through all streets, public f a y U pipes?make rules and places, and alleys of said city, and to fix the price of gas per thousand regulations, feet, or in such other quantity or quantities as they may deem neces- sary, and to make and enforce all necessary by-laws, rules and regu- lations for the use of, and for the collection and payment of said gas, and for the preservation and use of the property of every kind be- longing to said city: Provided, That the common council may re- Ricrnls of common council voke, alter, change, and abolish any of said rules and regulations, and by resolution or ordinance make others, if necessary, in their place and stead, which shall be binding and be obeyed by said commission- ers and all persons whether receiving gas from said city or not. And any such by-laws, regulations, rules, and ordinances, shall be evidence in any court of justice: Provided, That such by-laws and regulations made by said commissioners shall be entered at length of record, iu a book kept for that purpose, and signed by the president and secretary. (§ 702.) Sec. 8. The said commissioners, and, undertheir direc- tion, their agents, servants, and workmen, are hereby authorized to purchase'of grounds. enter upon any land or water for the purpose of making surveys, and to agree with the owner of, and to purchase any property which may be required for the purpose of this act, as to the amount of compensa- tion to be paid to said owner, and to pay the same. (§ 703.) Sec. 9. Incase of disagreement between the commis- ,, ,. ° Proceedings n> Bionere and the owner of any property which may be required for the agreement" 378 LAWS RELATING TO ruv. CITY OF DETROIT. Chapter 28. mancfactcri vnd sale oi illuminating gas. use of said board, or affected by any operation connected therewith, Ihe same proceedings may be taken to acquire the same, either in fee or for the use thereof, then Ihe necessity for taking or using such lands for such purposes, and the damages to be paid thereof, shall be ascer- tained, and for that purpose the same proceedings had as is provided for in sections eighteen, nineteen and twenty, being amendments ap- proved April 12, 1873, to the act entitled, "An act to amend the laws relative to supplying the city of Detroit with pure and wholesome water," approved April 14, 1853. May purchase (§ 704.) Sec. 10. Said board shall have full power and authority works of any existing to purchase of any incorporated company, having the right to erect company. gas works, and supply gas in the city of Detroit, its works, property Proviso. ,., . , , „ . , , , _ . . , anil rignts, and take a conveyance thereof to said board: Provided, The consent of the common council shall be first obtained therefor, thereupon the property so purchased shall be held by said board and be subject to all the provisions of this act, and of the rights of the company from whom they were so purchased. (§ 705.) Sec. 11. Before any contract or agreement shall be agreements or m &de by said board, requiring the expenditure or payment of money. estimates to he presented to and before anj- obligation whatever shall be incurred, said board shall common council make and prepare an estimate to the common council, annually, of the amount immediately needed to purchase land, erect buildings, ma- chinery and works for the purposes aforesaid, and a separate estimate of the amount needed to lay the mains and pipes to said works, to purchase gas works already erected, and for other purposes during Board of the next fiscal year; which estimates, if approved, or so much and estimates to approve and such part thereof as shall be approved by the council, shall be sub- decide whether ■ b^raisedby 1 mitted to the board of estimates, and the same shall be subject to taxation or by bonds. the action of said board of estimates, the same as other estimates are LAWS RELATING TO THE CITY OF DETROIT. 379 MANUFACTURE AND SALE OF ILLUMINATING GAS. CHAPTER 28 disposed of; and if allowed, in whole or pait, then such board of esti- mates shall determine whether the amount shall be raised by taxa- tion or by the issuing of bonds, or by both, and the board of esti- mates shall. determine when said bonds shall be payable, but no bonds shall be issued for the payment of any interest thereon exceed- ing seven per cent., nor shall the same be sold for less than par. (§ 706.) Sec. 12. The said commissioners shall have power to Commissioners may then loan, from time to time, upon the best terms they can make, after giv- 1SbUe on s ' ing public notice, by advertising in the city papers for thirty days, a sum of monej not exceeding the amount determined by the board of estimates, upon the credit of the city of Detroit, and shall have au- thority to issue bonds, pledging the faith and credit of said city for the payment of the principal and interest of said bonds, which bonds shall issue under the seal of said board of commissioners, and shall be signed by the president thereof, the mayor and controller of the city of Detroit, and bearing: interest not exceeding seven per cent, interest seven per cent. per annum. And it shall be the duty of said commissioners and con- Must be troller to cause to be kept an accurate register of all bonds issued by registered. them, showing the number, date and amount of each bond, and to whom the same was issued. (§ 707.) Sec. 13. All moneys collected by taxation, and all Amounts raised to be monevs received from sale of bonds, shall be paid to the treasurer of deposited with r city treasurer. the city of Detroit, who shall hold the same subject to the order of said board, to be drawn as required for use, and in such manner as the common council shall determine. (§708.) Sec. 14. No debt shall be created by said board for any purpose, at any time, exceeding the amount allowed by the board of Debts limited, -estimates, and for the payment of which bonds have been sold, or assessments made and levied to pay the same. >8o i.wvs RELATING To THE OT\ OF DETROIT. ChAPT] \i \\l i \( II Hi: AND SAL! OJ ILLUMINATING GAS. robesub- (§709.) Sec. 15. The question of issuing bonds or raising .1 to people ''•"'!"' money by taxation, as provided in this act, shall be first submitted to special election. - J a vote of the qualified electors at some general or special election, when ordered by the common council of said city, and a majority vote shall determine thequestion. t£ Tilt.) Sec. 16. This act shall take immediate effect, CHAPTER XXIX. BOARD OF BUILDING INSPECTORS. An'aet to establish a^board of building inspectors in and for the city of Detroit, and to define its powers and duties. (Act ap- proved June 17, 1885.) (2 711.) SECTION 1. The people of the State of Michigan enact, That there shall be a board of building inspectors in and for the city Bo:lr<, > h ^w 04 J composed. of Detroit, which shall consist of three competent mechanics or archi- tects, resident electors of the city of Detroit, whose term of office shall be three years, who shall devote their entire time to the duties of their office, and who shall not be engaged or interested directly or indirectly in the building business, and who shall be appointed by the board of councilmen upon the nomination of the mayor. The first board under this act shall consist of Henry Spitzley, whose term of office shall expire on the first day of July, eighteen hundred and eighty-six; Edward W. Simpson, whose term of office shall expire on the first day of July, eighteen hundred and eighty-seven; and Patrick H. McWilliams, whose term of office shall expire on the first day of July, eighteen hundred and eighty-eight, or until their successors are Howappointed. appointed and qualified, and at the expiration of their terms respec- tively their successors shall be appointed for the full term of three years. Either of said inspectors may be removed for cause by a two- Removal of. thirds vote of the board of councilmen. t82 LAWS RELATING TO T1IK CITY OF DETROIT. Chapti r '-"' Officers of. BO \KD OF BUI1 DING INSPEI fORS. (§712.) SBC. 2. The board of building inspectors shall annually appoint from their own number a president and a secretary. Two members of said board shall constitute a quorum for the transaction Rules. of business, and shall have power to adopt such rules and regulations for its own use as it may deem necessary to effect the object of its or- Common ganization. An office shall be provided for said board by the common Council to provide office, council of said city, in which proper books shall be kept and shall be open to the public, showing a complete and detailed record of all its proceedings, Buildings to be inspected annually. Inspection to be made upon complaint. (§ 713.) Sec. 3. It shall be the duty of the said building inspec- tors to make, at least once in each year, a thorough examination and inspection of all halls, opera houses, theatres, and buildings for amusement and recreation, school houses, churches, manufactories, work shops, stores, blocks for offices, hotels, boarding houses, tene- ment buildings, stands, platforms, freight or passenger elevators, and buildings or structures of every kind in the city of Detroit, used or in- tended to be used or occupied by public gatherings of people, with reference to the safety of such building and structure for the purpose for which designed, and for the speedy and safe egress of the per- sons therein and thereon assembled, in case of sudden alarm or dan- ger. In addition to such regular inspection of said buildings and structures, it shall also be the duty of said inspectors to promptly in- spect any building or structure of whatever character when a com- plaint is made or it comes to their knowledge that said building or structure is unsafe. (§ 714.) Sec. 4. All buildings mentioned in the preceeding sec- tion, more than two stories high, shall be provided with a sufficient number of strong iron balconies at each story, level with the floors, with openings from the buildings thereto, and with strong iron lad- ders or stairs firmly attached to the side of such building, close to, LAWS RELATING TO THE CITY OK DETROIT. 383 BOARD OK BUILDING INSPECTORS. ClIATTER 29 and easily accessible, from each balcony, or with other suitable fire Fire escapes, escape, to be approved by said inspectors. In any store or building in the city of Detroit in which there shall exist or be placed any hoist- way, elevator or well-hole, the openings thereof through and upon each floor of said building shall be provided with and protected by a be^rovided with guards or substantial railing, and also with good and sufficient trap doors, open- enclosed. ing and closing automatically as the elevator passes from floor to floor; Provided, however, That such hoistway, elevator, or well-hole may be enclosed in brick or by substantia, woodwork, furred, lathed and plastered, or sheathed with corrugated iron. All exit doors and Ex £; Outward all doors leading from assembly rooms to halls and passage-ways to the exterior of public halls, theatres, churches, and buildings used for public assemblages of any kind, shall swing outward, and it shall be seats in aisles prohibited. unlawful for any person to place chairs, benches, or seats in the aisles or passageways in such buildings while occupied or in use for any public assemblage or entertainment. (§715.) Sec. 5. Whenever the said inspectors shall approve of certificate of approval. any building or structure above mentioned, they shall so certify in writing, and deliver such certificate to the owner or person in charge of such building or structure. Such certificate shall state for what period of time and purpose and to what extent such building or struc- ture is approved. (§ 716.) Sec. 6. No owner, occupant, lessee, manager, officer or Buildings not to be used person, having the control of any building or structure mentioned in without cer- tificate there- Section three of this act shall use or permit or suffer the same to be for - used or occupied for any of the purposes in said section designated without having first obtained the certificate mentioned in the pre- ceding section, or shall use, or permit such use thereof, after the ex- piration of the time for which such certificate was given, or shall make any alterations, additions or changes in the interior of such 384 LAWS RELATING TO THK CITY OK DETROIT. I'll V1TKK ?■> IKiAKIi 01 BUILDING INSPECTORS. buildings or structures after the granting of such certificate without the written consent of said inspectors. rous (§ 717.) Sec. 7. Any building or buildings, part or parts of a building's lo be t..rn down. building, staging, or other structure in the city of Detroit, that, from any cause, may now be, or shall at any time become hereafter danger- ous or unsafe, shall be taken down and removed, or made safe and secure in the manner following: Immediately upon such unsafe or dangerous building or buildings, or part or parts of a building, stag- ing or structure, being so reported by any of the inspectors, the same shall be immediately entered upon a docket of unsafe buildings, to be kept by said inspectors, and the owner or some one of the owners, ex- ecutors, administrators, agents, lessees, or any other person or per- sons who may have a vested or contingent interest in the same, shall owner. De served in the order named with a printed or written notice contain ing a description of the premises or structure deemed unsafe or dan- gerous, requiring the same to be made safe and secure, or removed, as the same may be deemed necessary by the said inspectors, which said notice shall require the person or persons thus served to immedi- ately certify to the inspector his or their assent or refusal to secure or remove the same. If the person or persons so served with notice shall immediately certify his or their assent to the securing or removal of said unsafe or dangerous building, premises, or structure, he or they shall be allowed until twelve o'clock noon of the day following When Board the service of said notice, in which to commence the securing or re- to remove. moval of the same; and he or they shall employ sufficient labor and assistance to secure or remove the same as expeditiously as the same can be done; but upon his or their refusal or neglect to comply with any of the requirements of said notice so served, then a further notice shall be served upon the person or persons heretofore named, and in the manner heretofore prescribed, notifying him or them that a survey of the premises named in the said notice will be made at the time and Survey of premises. LAWS RELATING TO THE CITY OF DETROIT. 385 HOARD OK HUII.DINC, INSPECTORS. CHAPTER 29 place therein named, which time may not be less than twenty-four hours or more than three days from the time of the service of said no- tice, by three competent persons, to consist of the president of the board of inspectors, the president of the board of public works, and a third person who shall be appointed by the person or persons thus notified, upon whose neglect or refusal to appoint such surveyor, how- ever, the said other two surveyors may make such survey, and in case of a disagreement shall appoint a third person to take part in such survey, who shall be either a practical builder or architect, whose decision shall be final. In case such building shall be found to be un- safe, the city attorney shall then apply to the superior court for an City Attorney to appiv to order directing that such building shall be taken down or made safe, Superior Court for order. and the clerk of said court shall issue a citation to the owners, agents, or persons thus served, to appear and show cause why such order should not be granted by said court. (g 718.) Sec. 8. To enable said inspectors to fully discharge Board . . i i -ij- enter upon their duties they are authorized to enter into and upon any building premises. or structure of the nature herein mentioned, and no person shall hinder, impede or obstruct the said inspectors in the performance of any duty hereby imposed. (2 719.) Sec. 9. Whenever any person or corporation shall corn- Board to inspect mence the erection of any building, or additions to any building al- during electron of buildings. ready erected, to be used for any of the purposes mentioned in sec- tion three hereof, the said building inspectors may examine such building or additions, from time to time as they may deem fit, and in case any such building is being erected contrary to the provisions of any city ordinance regulating buildings, or in such manner or of such material as to render the said building defective and insufficient in Defective material, strength or safety, the said inspectors may notify the owners and builders thereof, and may refuse to said owners their certificate as provided for in section five until such defects shall have been prop- ; v sn LAWS RELATING TO THK CITY OF DETROIT. Ol VIM I- K 89. A.ppeaJ from board. Board to report. BOARD in f.\ II DING INM'K'TOHS, Salary of board. No fees to be charged. Violations, how punished Continuance of violation a new offense. Repeal of con dieting- acts. erly made good or remedied. If said owner or owners are dissatis- fied with the decision of the said inspectors, said owner or owners may appeal to the board provided for in section seven, who shall hear and decide the controversy, and whose decision shall be final. (§720.) Sec. 10. The said board of building inspectors shall re- poit in detail to the board of aldermen at the end of each month the work performed by them and all information with reference thereto, and shall submit to the said board in December of each year a sum- mary of their work of the preceding year. (§ 721.) Sec. 11. The members of said board of building in- spectors shall be paid such salary for their services under this act as the common council of the city of Detroit shall determine, but not to exceed tw T elve hundred dollars per annum, such salary to be paid out of a fund to be constituted and raised for that purpose. All the ser- vices of said board of building inspectors as herein designated shall be without costs, fees, or charge to the owner or persons controlling the building or structure inspected by them. (§ 722.) Sec. 12. Any and all persons who, after having been personally served with the notice of violation as hereinbefore pre- scribed, shall fail to comply therewith, and shall continue to violate any of the several provisions os this act, or who shall be accessory thereto, shall be deemed guilty of a misdemeanor, and upon convic- tion of such offense shall be fined in a sum not exceeding one hun- dred dollars, or may be imprisoned for a term not to exceed ninety days. For each and every month in which any of the provisions of this act continue to be violated, the person or persons so violating may be complained of as for a distinct offense, and punished as here- in provided. (§ 723.) Sec. 13. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Ordered to take immediate effect. Approved June 17, 1885. LAWS RELATING TO THE CITY OF DETROIT 387 HOARD OF BUILDING INSPECTORS. C H AI'TER 29 EMPLOYMENT OP CHILDREN, YOUNG PERSONS AND WOMEN. An Act to amend section seven of act number thirty-nine of the pub- lic acts of one thousand eight hundred and eighty-five, entitled "An act to regulate the employment of children, young persons, and women in certain cases," approved April ten, one thousand eight hundred and eighty-five. (§724.) SECTION 1. The People, of the State of Michigan enact, Section That section seven of act number thirty-nine of the public acts of one amended, thousand eight hundred and eighty-five, entitled " An act to regnlate the employment of children, young persons and women in certain cases," approved April ten, one thousand eight hundred and eighty- five, be and the same is herebv amended to read as follows: (§ 725.) Sec. 7. In all cases it shall be the duty of the superintend- Duty of superintendent ent or chief officer of police, by suitable inspections, to see that the or 1 ^ e t f ° f regulations of this act are observed, and also to prosecute all persons who shall violate the same. Such superintendent, or chief officer of police, shall detail such portion of the force under him as he shall deem necessary for the inspection, from time to time, of all the afore- said places where such children or young persons may be employed: Provided, That, in the city of Detroit, the board of building inspect- Proviso for , , ,, , . . City of Detroit. ors of said city, or any member thereof, shall have concurrent juris- diction with the superintendent or chief officer of police, with like power and authority to personally see that the regulations of this act are observed, and also to enter complaint against all persons who shall violate the same. In towns, the supervisor thereof shall per- „ r r Supervisor to form the duties above imposed on the superintendent, or chief officer i n towns, of police in cities. This act is ordered to take immediate effect. Approved March 19, 1889. CHAPTER XXX. OPENING, WIDENING AND STRAIGHTENING OF STREETS AND ALLEYS. An act to provide for the taking of public property for the public use, and for the opening, extending, widening and straighten- ing of streets and alleys in the city of Detroit, and to repeal act number two hundred and eighty-one of the session laws of eighteen hundred and eighty-three, being an act entitled "An act to provide for the taking of private property for the public use, and for the opening of streets and alleys by the city of Detroit."* (Act approved May 14th, 1885 ) (§ 726.) SECTION 1. The People of the State of Michigan enact, Common council author- That the common council of the city of Detroit is hereby authorized ized to open, etc., streets to open, extend, widen or straighten streets and alleys in said city, for ;ind alle > s - the public use and benefit, and to take private property therefor, and institute and prosecute proceedings for that purpose in accordance with the provisions of this act. (§727.) Sec. 2. Whenever the common council of the city of ResoIution to Detroit shall deem it necessary for the use and benefit of the public necessity. to make any such improvement, and to take private property there- for, said council shall, by resolution, so declare, and also describe *Xotk.— Since the decision of the case of Tuller vs. the city of Detroit, 55 N. W. Reporter, 10-W, which had not been rendered when the preceding portion of this com- pilation was prepared, the compiler has deemed it advisable to print this act as part of the compilation. Prior to the decision of the Tuller case the general impression seem- ed to be that the opinion in the case of of the City of Detroit vs. Daly, 68 Mich., 503, held the act to be invalid. 39° CAWS RELATING TO THE CITY OE DETROIT. Chapter 80, opening of streets and ai leys. • such property, and designate the purpose for which it is to be taken, and fix and describe a special taxing district, embracing only the tax- able real estate which, in the opinion of said council, will be benefited by such improvement. Said resolution shall direct the city attorney to institute proceedings in the recorder's court of said city to carry out the objects of such resolution. < it; Vttorney (§ 728.) Sec. 3. Upon the passage by the common council of to tilf petition in Recorder's 8UC h resolution, it shall be the duty of the city attorney to prepare and file, in the name of the city, in the recorder's court of said city, a petition signed in the name of the city, by the city attorney, in his of- ficial capacity, which shall allege the passage of, and have annexed thereto, a certified copy of said resolution; shall describe all the lots, tracts and parcels of private property proposed to be taken or as- sessed, and set forth the names of the owners, occupants, mortgagees, lessees, and others interested in such lots, tracts and parcels, res- pectively, as far as the same can be ascertained, and shall allege that it is necessary to take such property for the public use and benefit; Allegation of and pray that a jury may be impaneled to determine whether it is petition. necessary to make such improvement, and to take such property for the public purpose therein stated, and to ascertain and fix the just compensation to be paid therefor, and to assess and apportion one- half of the compensation awarded in the case of the opening, widen- ing, extending and straightening of streets, and the whole amount of the compensation awarded in the case of opening, widening, straight- ening and extending of alleys, upon such portion of the real estate within the assessment district as may be benefited by such improve- ment. The petition may pray for any other or further relief deemed necessary within the objects of this act. (? 729.) Sec. 4. One-half of the damages and compensation awarded by the jury, and all the expenses of opening, extending, Payment of LAWS RELATING TO THE CITY OF DETROIT. 39* OPENING OF STREETS AND ALLEYS. CHAPTER 30 widening or straightening streets, and all the expenses of opening, ex- tending, widening or straightening alleys, shall be paid by the city and raised by a general tax, to be levied and collected according to the provisions of the charter of the city. (§ 730.) Sec. 5. Upon filing said petition, it shall be the duty Sll „, mons . of the clerk of said court, upon request in writing of the city attorney to issue a summons against the respondents named in the petition, commanding them, in the name of the people of the State of Michi- gan, to appear before said court at a time and place to be named in said summons, not less than twenty nor more than forty days from the date of the same, and show cause, if any they have, why the prayer of said petition should not be granted. » (§ 731.) Sec. 6. Said summons shall be served by the sheriff Serv ice of summons. under sheriff, or deputy sheriff of the county, at least five days before the return day thereof, upon all the respondents found within the county of Wayne, by exhibiting the original and delivering a copy to each of them; and service of said summons upon all other respon- dents shall be made by publishing for five successive days a copy of such summons in at ieast one daily paper published in said city, to be designated by the judge of said recorder's court; the return of the sheriff to said summons and affidavits showing due publication of said summons, shall be filed in said court before a jury shall be em- paneled, and be sufficient evidence of service on the respondents and of the manner of service, and thereafter all respondents shall take no- tice of and be bound by all subsequent proceedings without further notice. (j/ 732.) Sec. 7. O'n the return day of the summons, or on some Jury. subsequent day to which the proceedings are adjourned, if no suf- ficient cause to the contrary has been shown, the court shall make an 39a LAWS UK1.AT1NG TO THE CITY OK DETROIT. Chapter lit'. opening oi streets and alleys. order that a jury be empaneled in the cause. Such jury shall be composed of resident freeholders of the municipality, and shall be selected and empaneled as hereinafter provided. (§ 7:33.) Sec. 8. On the second Tuesday of June in each year, be- tween the hours of nine o'clock in the forenoon and four o'clock in the afternoon, the board of assessors of the city of Detroit, the clerk of said court, and the sheriff of the county of Wayne, shall meet to gether in the office of the said assessors in said city, and shall then proceed in public to select from the last annual ward assessment rolls of said city (which rolls the custodian shall produce before them) a list of three hundred persons to serve as jurors in said court — the per- Freeholders. sons so selected to be qualified electors and freeholders in said city of Detroit, and capable of understanding and speaking intelligibly the English language. Said list shall be signed by the said assessors, clerk and sheriff, if they all be present and assist in the making thereof: Provided, That any two of them shall he authorized to se- lect such list and sign the same in the absence of the third: Provided, further, That if said list is not selected as above provided, or if for any reason a legal list shall not have been made, the recorder's court may by an order, entered of record, command the said assessors, clerk and sheriff to proceed forthwith to select such list, and sign and file the same. When the list is selected and signed as aforesaid, it shall be filed by the officers signing the same in the office of the clerk of said court. The persons whose names are set forth in said lis* shall be liable to serve as jurors in said court for one year, or until a List to be new li st ls selected. Every person who shall directly or indirectly for one year. ask to be placed upon said list shall thereby render himself ineligible to serve as a juror in said court for one year thereafter, and his name shall in no case be placed upon such list during that period. LAWS RELATING TO THE CITY OF DETROIT. 393 OPENING OF STREETS AND ALLEYS. CHAPTER 30 (§ 734.) Sec. 9. Upon receiving such list, prepared and filed as J" r v box. aforesaid, the clerk of said court shall write the names of the persons thus selected on separate strips of paper of the same size and appear- ance, as near as may be; shall fold up each of said strips of paper in the same manner, so as to conceal the name thereon, and deposit the same in a box, to be called and labeled " Detroit city street opening jury box." (§735.) Sec 10. No jury shall be drawn for any term without D . f an order previously made by the court, and such order shall specify h™ made! a " the number of jurors, not less than twenty-four nor more than fifty, to be drawrj, and the time at which they shall be summoned to attend. It shall thereupon be the duty of the clerk to draw the number of names ordered by the court from the street opening jury box, and at least two days before such drawing the said clerk shall give notice to the judeie of said court, and to the sheriff, of the day and hour when such drawing shall take place. At the time so appointed it shall be the duty of said judge, and of the sheriff of Wayne county, or some deputy sheriff, to attend at the clerk's office and witness said drawing of jurors, and if neither said judge, sheriff or deputy sheriff be present at the appointed time, the clerk may adjourn such drawing to some certain hour on the next day, and from day to day thereafter, of which adjournment he shall forthwith give notice to said judge and sheriff. If at the first time appointed for such drawing, or at the ad- journed time therefor, either said judge, sheriff or deputy sheriff shall be present, the clerk shall proceed to draw from said box pub- licly, and in the presence of the officer or officers attending, as many strips of paper, containing the names of jurors written thereon, as may have been ordered by the court, and one of the attending officers shall keep a minute of such drawing, in which he shall enter the name of every strip of paper drawn, before any other such strip be drawn. The said minute of the drawing shall then be signed by the clerk of LAWS KKI.ATING TO THK CITY OK OKTKOIT. I IIAIM 1 l< 80 OPB MM. ol six E ETS AND ALLEYS. Venire £a< ias. Challenge-. said court ami the attending officers, and tiled by the clerk in his of- Qce, and he shall immediately make out a venire facias and deliver the same to the sheriff of Wayne county, which shall command him or any of his deputies to summon the persons named therein to be and appear in said court, at the terms thereof for which they were drawn, to serve as street opening jurors, and not depart the same un- til discharged, under such penalty as the court may impose. Said -.•aiirc facias shall be served at least three days before the term of the court therein specified, by giving personal notice to each person there- in named, or by leaving a written notice at his place of residence, with some person of proper age, and return thereof shall be made to said court at its opening, specifying those who were summoned, and the manner in which each person was notified. All talesmen who may be directed by the said judge to be summoned for the term shall be drawn from the jury box, in the same manner as the original panel. In empaneling a jury the practice and proceedings, relative to empaneling, exempting and excusing jurors and talesmen, and im- posing penalties upon them for non-attendance, shall be the same as in the recorder's court of said city relative to petit jurors. The city attorney, in behalf of the city of Detroit, shall be entitled to two per- emptory challenges, and the respondents collectively shall be entitled to the same number. Whenever there shall not be qualified jurors enough present to form a panel in any case, the panel may be filled up in the same manner as a panel of petit jurors is filled up in a like case in said court, and the court may order talesmen to be summoned from the bystanders or neighboring citizens. If any juror after being- sworn shall die, or for any other cause become unable to discharge his duties, the court may appoint another qualified person to serve in his place, who shall be sworn and take his place upon the jury. Oath and duties of jury. (§ 736.) Sec. 11. Every juror empaneled in any cause shall be sworn as follows: " You do solemnly swear (or affirm) that in the LAWS RELATING TO THE CITY OF DETROIT. 395 OPENING OF STREETS AND ALLEYS. CHAPTER 30 matter of you will. well and truly ascertain and de- termine whether there is a public necessity for making the proposed improvement, and for taking for the use and benefit of the public the private property which the petition describes and prays maybe taken; and if you determine that it is necessary, then that you ascertain, de- termine, and award the just compensation to be made therefor, and assess upon the property in the assessment district described in the petition one-half of all the damages so awarded, in the case of streets, and the entire amount in the case of alleys, as the ease may be, and faithfully and impartially discharge all other duties as devolve upon you in this case, and, unless discharged by the court, a true verdict give, according to law and the evidence, so help you God." They shall hear the proof and allegations of the parties and the arguments of counsel, and, if so ordered by the court; shall go to the place of the intended improvement in charge of an officer, and upon, or as near as practicable, to any property proposed to be taken or assessed, and examine the premises. They shall be instructed as to their duties and the law of the case by the court, and shall retire under the charge of an officer, and render their verdict in the same manner as on the trial of any ordinary civil case. (8 737.) Sec. 12. The jury shall determine in their verdict the KS * ' J J Jury to deter- public necessity for the proposed improvement, and for taking such ™"^sitv private property for the use or benefit of the public for such proposed improvement, and in case they find that such necessity exists, they shall award te the owners of said property such compensation there- for as they shall deem just; and in determining the amount of said damages, where only a part of a lot or lots of land is taken, the jury shall take into consideration the amount of benefits, if any, which the portion not taken will receive from the intended improvement, but it shall not be necessary for them to state in their report the damages separately, but only the net amount of damages; and shall assess and 396 LAWS RELATING To THE CITY OF DKTROIT. (."II MM i k SO. Nominal assessments may be made. OPENING OI STREETS AND ALLEYS, apportion in the case of opening, widening, straightening, or extend- ing alleys, the whole amount of the compensation, and in the case of opening widening, straightening, or extending streets, one-half of the compensation to be paid for the private property taken upon such lots and parcels and subdivisions of real estate within the assessment district fixed by the common council, in proportion, as nearly as may be, to the benefits they will receive: Provided, however, That if the jury believe that the benefit to any lot will, as compared with the benefit to the others be merely nominal, they make a nominal assess- ment upon said lot. If any such private property taken shall be sub- ject to a valid mortgage, lease or agreement, and the taking thereof for such purpose will impair such security, lease or agreement, the jury shall apportion and award to the owner of said mortgage, lessee, or person interested in said agreement, such portion of the compen- sation as they shall deem just, and if there are any buildings, or other personal property situated on the land taken, the jury may, at the request of the owner, allow, instead of damages for the value, damages and expenses for the removal thereof. The damages for taking any land belonging to the estate of any deceased person shall be awarded to said estate, and shall be paid to the executor or ad- ministrator of said estate, or if there is no such executor or adminis- trator, or he cannot be found, it shall be deposited in the city treasury to the credit of said estate, and be paid to the person entitled to re- ceive the same. Form of verdict. (§ 738.) Sec. 13. To assist the jury in arriving at the verdict, the court may allow the jury, when they retire, to take with them the petition filed in the case, and maps showing the proposed improve- ment, and the assessment district, and the location of each and all the parcels of property to be taken or assessed, with the names of all parties interested in such property, and may also submit to them a blank verdict, which may be as follows: LAWS RELATING TO THE CITY OF DETROIT. 397 OPENING OF STREETS AND ALLEYS. Chapter 30 Part I. We, the undersigned jury, empaneled in the above matter, and having given the same due consideration, do hereby find and deter- mine that it is necessary to said as proposed for the public use and benefit as a public , and that for said use and benefit and purpose it is necessary to take the private property described in the petition in this cause, which said property is hereinafter described. Part II. And the damages sustained, and the just compensation to be paid for such private property we have ascertained and determined, and hereby award as follows: Description of each of the several parcels of private property to be taken. Owners and others in- terested in each par- cel. Compensation and Damages. J98 LAWS RELATING TO THE CITY OF DETROIT. Oil AIM IK 30. New trial. Amendments. >|-1-\IM. Ill- ' s I Id- I IS \\H \| I |. \ -,. Part III. And the benefit to be received from such improvement by the property within the assessment district we hereby determine to be as' follows: Description of each of the several parcels of property to be as- sessed. Owners (and others in. terested) of each par- cel. Benefits. I The different descriptions of property and the names of the own- ers and others interested therein, may be inserted in said blank ver- dict, under the direction of the court, before it is submitted to the jury. (§ 739.) Sec. 14. The verdict of the jury may be set aside by the couit, and a new trial ordered for objections of law and to matters of substance, but not for objections as to matters of form, in the same manner and on the same grounds as in ordinary civil actions in the circuit courts of this State; and amendments either in form or substance, of the petition, process and proceedings, may be allowed when they will not interfere with the substantial rights of the parties. And if by such amendment, new parties are added to the proceedings, a new summons may be issued to bring in such addi- tional parties, and when any such further summons is issued, the pro- LAWS RELATING TO THE CITY OF DETROIT. 399 OPENING OF STREETS AND ALLEYS. CHAPTER 30 ceedings shall be adjourned by the court a sufficient length of time, not less than six days, to enable such summons to be served, which summons shall be made returnable on the day to which the case is adjourned, but shall be served at least three days previous thereto. The court may refer back to the same jury the verdict for the pur- pose of correcting all errors therein contained during the term of court for which said jurj 7 was empaneled, and for that purpose may recall the jury. Rules of practice of the recorder's court shall be fol- lowed as near as may be in all proceedings under this act. (§ 740.) Sec. 15. Motions for a new trial, or to arrest the proceed- New tr j a]> ings, shall be made within two days after the reudition of the ver- dict, unless further time is allowed by the court, and if no such motion is made, or being made, is overruled, the court shall enter an order confirming the verdict of the jury, and such judgment or con- Confirming verdict. firmation, unless reversed by the supreme court, shall be final and conclusive as to all persons interested therein. The compensation assessed by the jury upon any lot or parcel of land shall be alien thereon from the time of such confirmation until paid and satisfied. (§ 741.) Sec. 1G. Any person whose property may be taken or. assessed, considering himself aggrieved, may appeal from the judg- ment of the court confirming the verdict of the jury, by filing in writ- ing with the clerk of said court a notice of such appeal within five days after the confirmation, and serving within the same time a copy thereof on the city attorney, and filing a bond in said court to be ap- proved by the judge thereof, conditioned for the prosecution of said appeal and the payment of the sum assessed against the appellant, and all costs that may be awarded against him in case the judgment and confirmation of the court shall be affirmed. The appeal herein provided shall be the only remedy for reviewing proceedings, and for contesting and altering assessments under this act, and do injunc- 40o LAWS RELATING TO THE CITY OF DETROIT. I'lurrm 80. Record, etc., in Supreme Court. OP] MM. 'M s i k !■ 1 is \\n ALLEYS. tion or certiorari shall be allowed or issued in these cases, except that writs of certiorari may issue out of the supreme court upon juris- dictional grounds only when allowed by one of the justices of said court. The common council shall have no power to in any manner disturb or alter the verdict of said jury as to awards or assessments or in any other respect, after the said verdict shall have been finally confirmed. ($ 742.) Sec. 17. In case of appeal as above, it shall be the duty of the clerk of the court, without delay, to transmit to the supreme court a certified copy of all the files, records and proceedings of the case. And it shall be the duty of the judge of the court, at the request of the appellant, to settle and sign a case showing the testimony taken on the trial, the objections, rulings, and exceptions concerning the same, and the instructions of the court to the jury, with the exceptions thereto, and the same shall be returned by the clerk as a part of the record in the case. (8 743.) Sec. 18. The said appeal may be brought on for hear- Hearingin W ) . i J o Court" 16 * D » at an y term °f tne supreme court, and said court shall have power to determine the case upon the facts and the law as in chancery ap- peals, and to enter such final judgment or decree as may of right ap- pear, and may remand the case to the court below for such further proceedings before a jury, or otherwise, as may be necessary. The said court shall allow the prevailing party his reasonable costs and expenses to be taxed, and all costs and expenses awarded to the city Co-^t-. may be applied on or deducted from the compensation, if any, to be paid to the appellant. Proceedings (§ 744.) Sec. 19. When the verdict of the j ury shall have been after confirma- tion of verdict, finally confirmed by the court, and the time in which to take an ap- peal has expired, or if any appeal is taken, on the filing in the court below of a certified copy of the order of the supreme court affirming LAWS RELATING TO THE CITY OF DETROIT. 401 OPENING OF STREETS AND ALLEYS. CHAPTER SO the judgment of confirmation, it shall be the duty of the clerk of the court below to transmit to the common council a certified copy of the verdict of the jury, and of the judgment of confirmation, and there- upon the common council shall, by resolution, direct the treasurer of said city to collect the benefits and the cost and expenses assessed by the court and jury, and a certified copy of such resolution shall be an- nexed to the record transmitted by the clerk of the court, and the same shall then be delivered to said treasurer. If such assessments \\ hen assess- are not paid or tendered to the treasurer within fifty days after the ™*$ s to be passage of such resolution, he shall proceed to sell the property Sale of lands. assessed in the same manner a3 is provided by law for the sale of real estate upon execution, and with the same force and effect. (§ 745.) Sec. 20. Within one year after the confirmation of the Payment of awards. verdict of the jury, or after the judgment of confirmation shall on appeal be affirmed, the common council shall cause the city treasurer to pay or tender to the respective persons entitled to receive the same, the damages and compensation awarded for taking such private prop- erty, according to the verdict of the jury as finally confirmed; and in case any person shall refuse the same, be unknown, or a non-resident of said city, or cannot with reasonable diligence be found in said city, or for any reason be incapacitated from receiving his amount, or the Tender right thereto be disputed or doubtful, the common council may de- of awards, posit the amount awarded in such case in the city treasury, and shall, on demand, pay the same over to any person entitled and competent to receive it, taking receipt therefor. Upon such payment, tender or deposit, the common council may enter upon, take possession of, and convert such private property to the uses and purposes for which it was taken, and may remove all buildings, fences, and other obstruc- tions therefrom. The treasurer shall make a certificate, verified by Treasurcr to ,...,. , , , make certificate 018 oath, showing his .action in making such payment, tender or de- 1"-' Ch \i- i i i; ; 0. i.wvs RELATING To THE CITY OK DETROIT. OPENING in- si km- i s \\n \LLEYS, posit, and shall file the same with the clerk of the recorder's court, ami shall be prima facie evidence of the facts therein stated. Buildings, etc. to be sold at auction. Refunding of proceeds it} 746.) Sec. 21. All buildings, fences, and other personal pro- perty taken by such proceedings in street opening cases, except that removed by the owner as otherwise provided, shall be sold at public auction by the city treasurer. Due publication of such sales shall be made in at least two daily newspapers in said city, for at least live days, and printed notices posted on or near such property at least ten days prior t ) the day of sale. In the case of widening, straightening, opening or extending alleys, the entire proceeds of such sales, and in the case of opening, widening or straightening or extending streets, one half of the amount of such proceeds shall be refunded by the city treasurer to the parties assessed for the opening, widening, straight- ening or extending thereof in proportion to the amounts of their several assessments. The balance of such proceeds in the ease of opening, widening, straightening or extending streets, shall be paid into and become part of the street opening fund. (§ 747 ) Sec. 22. Officers, jurors and witnesses in any proceed- Fees of officers, Witnesses, etc. j n g S un( j er this act shall be entitled to receive from the city the same fees and compensation as are provided by law for similar services in an ordinary action at law in the circuit court of the State. {I 748.) Sec. 28. The common council shall not have power to Common council not to discontinue proceedings under this act after the rendition of the ver- discontinue proceedings diet of the jury, but they may direct the city attorney to move for a new trial, or to arrest the proceedings, or to take an appeal to the su- preme court, and in any such case the same proceedings shall be had as are hereinbefore prescribed in the case of like proceedings on the part of any respondent. LAWS RELATING TO THE CITY OF DETROIT. 403 OPENING OF STREETS AND ALLEYS. CHAPTER 30 (9 749.) Sec. 24. Before the trial in any proceeding under this . \* i •> City Engineer act, the common council shall cause the property to be taken to be to surveyed and staked out, or otherwise marked upon the premises, and shall cause a map or plan thereof, and of the assessment district, certified to be correct by the city engineer or person making the same, to be prepared, to be attached to and made a part of the peti- tion herein provided for, the same to be subject to alteration and cor- rection under the direction of the court. The common council, in all common council may ad- cases where there shall be a special assessment, shall have authority vance awards, to advance the sums awarded to owners or occupants of, or others in- terested in, the property to be taken, and there shall in all cases be deducted from such sums any assessment for benefits made against the property of said owners and others interested, respectively. At any sale under this act of the property assessed, the city attorney, or pr0 perty for assessments. in his absence, the city treasurer, shall have authority to bid in for the corporation any parcel of land for which there shall be no bid from other parties sufficient to cover the amount due from such par- cel, including its ratable proportion of the costs and expenses of mak- ing such sale, and on any such bid the corporation shall be entitled to all the rights of any other purchaser. (8 750.) Sec. 25. Act number 281 of the session laws of 1883, VJ > ' Repeal of being an act entitled " An act to provide for the taking of private pro- former act. perty for the public use, and for the opening of streets and alleys by the city of Detroit," is hereby repealed. (Approved May 14, 1885, and given immediate effect.) |>M CAWS RELATING TO THE CITY Ol' DETROIT. CHAPTl OPENING 01 STREETS AND ALLEYS. TAKING OF PRIVATE PROPERTY FOR PUBLIC USE IN CITIES AND VILLAGES. An act to authorize cities and villages to take private property for the use or benefit of the public, and to repeal act num- ber twenty-six of the public acts of 1882. Approved May 31, 1883. (§ 751.) Section 1. That the common council of any city, or common council the board of trustees of any village, or the board of supervisors of any etc., to take private county in this State, is hereby authorized to take private property for property for public uses. t k e U8e 01 , benefit f t ne public withiu the limitation of the state con- stitution, and to institute and prosecute proceedings for that pur- pose. Proceedings, (§ ^2.) Sec. 2. Such proceedings may be commenced and pro- how and when commenced. secuted under this act, whenever the common council, board of trus- tees or board of supervisors shall have declared a public improvement to be necessary in the municipality or county, and shall declare that they deem it necessary to take private property, describing it, for such public improvement, designating it, and that improvement is for the use or benefit of the public. They shall, by resolution, direct the city or village attorney, or the prosecuting attorney of the county, to Proceedings, how instituted, institute the necessary proceedings in behalf of the municipality or county in the proper court, to carry out the object of the resolution in regard to taking private property by the city, village or county. jurisdiction of j ur j gc iiction is hereby conferred upon the circuit court for the county circuit court. J ' J roviso. in all cases brought under this act: Provided, That in cities having a LAWS RELATING TO THE CITY OF DETROIT. 405 OPENING OK STREETS AND ALLEYS. CHAPTER 30 recorder's court, the proceedings shall be instituted and prosecuted in that eourt, and in cities having a superior court and no recorder's court, such proceedings shall be instituted and prosecuted in such superior court, unless otherwise ordered by the board of supervisors in matters pertaining exclusively to the interests of the county. (§753.) Sec. 3. The city, village or county clerk shall make p ; ion t be and deliver to such attorney, as soon as may be, a copy of such re- attorney, solution certified under seal, and it shall be the duty of such httorney to prepare and file in the name of the city, village or county in the court having jurisdiction of the proceedings, a petition signed by him in bis official character and duly verified by him; to which petition a certified copy of the resolution of the common council, board of trustees or board of supervisors shall be annexed, which certified copy shall be frima facte evidence of the action taken by the common coun- cil, board of trustees or board of supervisors and of the passage of said resolutions. The petition shall state, among other things, that it What petition to state, is made and filed as commencement of judicial proceedings by the municipality or county in pursuance of this act to acquire the right to take private property for the use or benefit of the public, without consent of the owners, for a public improvement, designating it, for a just compensation to be made. A description of the property to be Description of i>roperty, etc. taken shall be given, and generally the nature and extent of the use thereof that will be required in making and maintaining the improve- ment 8hall be stated, and also the names of the owners and others in- terested in the property, so far as can be ascertained, including those in possession of the premises. The petition shall also state that the common council or board of trustees or board of supervisors has de- clared such public improvement to be necessary and that they deem it necessary to take the private property described in that behalf for such improvement for the use or benefit of the public. The petition Jury. shall ask that a jury be summoned and empaneled to ascertain ),>(> l.AWS RELATING TO THE CITY OK DETROIT. Chapter 80. opening of streets and alleys. and determine whether it is necessary to make such public improvement, whether it is necessary to take such private property as it is proposed to take, for the use or benefit of the public, and to ascertain and determine the just compensation to- be made therefor. The petition may state any other pertinent matter or things and may pray for any other or further relief to which the municipality or county may be entitled within the ob- jects of this act. Clerk to issue (§ 754.) Si<;c. 4. Upon receiving such petition, it shall be the summons. duty of the clerk of said court to issue a summons against the res- pondents named in such petition, stating briefly the object of said pe- tition, and commanding them, in the name of the people of the State ot Michigan, to appear before said court, at a time and place to be named in said summons, not less than twenty nor more than forty days from the date of the same, and show cause, if any they have, why the prayer of said petition should not be granted. f? 755.) Sec. 5. Said summons shall be served by the sheriff, Service'of v ' summons, etc. um ] er sheriff, deputy sheriff of the county, or by any member of the metropolitan police of the city of Detroit, at least five days before the return day thereof upon all of the respondents found within the county, by exhibiting the original and delivering a copy to each of them. If any respondent who is a resident of the county cannot be found, the summons shall be served by leaving a copy thereof at his or her usual or last place of abode, with some person of suitable age When minor, and discretion. If any minor or person of unsound mind is interest, etc, is interested ed in the premises to be taken, service may be made on the guardian of such person, if any, and if there is no guardian the court may ap- point some discreet and proper person to be guardian of such person in such proceedings; any such guardian shall have authority to repre- sent such person in said proceedings. The proceedings to appoint such guardian shall be the same as in other cases provided by statute^ Guardian. LAWS RELATING TO THE CITY OF DETROIT. 407 OPENING OF STREETS AND ALLEYS. CHAPTER S» If it shall appear on the return day of the summons that any respon- dent cannot be found within the county and has not been served in When re- the manner provided, or is a non-resident and has not voluntarily ap- spondent is a non-resident. peared, the court may make an order requiring such respondent or respondents to appear and show cause why the prayer of the petition should not be granted on a day to be named in the order not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served on such respondents wher- Personal ever found, if practicable, at least six days before the time named in the order for appearance, or the court may make such order for ap- pearance and require as to any or all such respondents who shall not have been personally served and have not appeared, that service be made by publishing a certified copy of such order for three successive Service by J l o •> publication. weeks at least once in each week in at least one newspaper published within the municipality or county, if there be one, and if not then in a paper published in the county nearest thereto, the last publication to be at least six days before the day fixed in the order for appearance. Alias and fluries summons may be issued and the court may adjourn Alias and pluries sum- the proceedings from time to time as there shall be occasion and as in mons - other civil cases. Service of such order for appearance in either mode prescribed shall be sufficient notice of the proceedings to bind the respondents and the property represented by them. The return Return of -— , .. » .-. -, • officer. of the officer upon the summons and an affidavit of the due service or the publication of the order for appearance if any, shall lie filed in the clerk's office before a jury .-hall be empaneled and be sufficient evidence of service on the respondents and of the manner of service. (S 756 1 Sec 6. On the return day of the summons, or on some 13 ' Jury subsequent day to which the proceedings are adjourned, if no suffl- empanele< cient cause to the contrary has been shown, the court shall make an order that a jury be empaneled in the cause. Such jury shall be composed of tw.-lvc freeholders of the municipality or county, and 4 oS i.wvs RELATING TO THE CITY OK DETROIT. Chapter 80 opening of streets and alley; shall be selected and empaneled as follows: The sheriff, under sheriff or a deputy sheriff of the county, shall, on the same day, or at an ad- journed day, make a list of twenty-four resident freeholders of said city, village or county, and the city or village attorney, or prosecuting attorney in person, or by au assistant or deputy, and the respondents collectively, shall each have the right to strike six names from the list of persons written down as aforesaid, and subject to objection for cause, the twelve persons whose names are left on the list shall com- pose the jury for the trial of the cause, and shall be summoned to at- tend at such time as the court shall direct, by a venire issued by the clerk of the court, and to be served by one of the officers aforesaid. If the respondents neglect or refuse to strike six names from said list, it shall be done by the judge of the court, and in case any of the per- sons to be summoned cannot be fouud in the county, or being sum- moned do not attend, or shall be excused for cause, or otherwise, talesmen possessing the necessary qualifications may be summoned as jurors in the case by such sheriff or sheriff's officer, or authorized person, and the practice and proceedings under this act, except as herein .provided, relative to empaneling, summoning and excusing jurors and talesmen, and imposing penalties or fines upon them for non-attendance, shall be the same as the practice and proceedings of the circuit courts of the state relative to petit jurors in civil cases in such courts, except that peremptory challenges shall not be allowed. Oath of Jurors (§ ^7.) Sec. 7. The jurors so empaneled shall be sworn or shall affirm in substance as follows: "You do solemnly swear (or affirm) that you will well and truly ascertain and determine whether there is a public necessity for making the proposed improvement and for taking for the use or benefit of the public the private property which the petition describes and prays may be taken, and if you shall determine that it is necessary to make such improvement and to take said property, that then you ascertain, determine and award the just LAWS RELATING TO THE CITY OF DETROIT. 409 OPENING OF STREETS ANT) ALLEYS. • CHAPTER 30 compensation to be made therefor, and faithfully and impartially dis- charge all other duties as devolve upon you in this case, and unless discharged by the court a true verdict give according to law and the evidence, so help you God, (or under the pains and penalties of per- jury.)" The jury shall hear the proofs and allegations of the parties, j ury t0 hear proofs and alle- and if so ordered by the court shall go to the place of the intended gations, etc. improvement, in the charge of an officer, and upon or as near as prac- ticable to any property proposed to be taken and examine the prem- ises Thev shall be instructed as to their duties and the law of the To receive in- J • structions in case by the judge of the court and shall retire under the charge of an law > etc - officer and render their verdict in the same manner as on the trial of an ordinarv civil case, but the same shall be in writing and be signed Verdict, to be in writing-. by the foreman or by all the jurors. (S 758.) Sec. 8. The jury shall determine in their verdict the What verdict to determine. necessity for the proposed improvement and for taking such pri- vate property for the use or benefit of the public for the proposed im- provement, and in case they find such necessity exists they shall award to the owners of such property and others interested therein such compensation therefor as they shall deem just. If any such pri- p rop erty sub- ject to vate property shall be subject to a mortgage, lease, agreement, or mortgage, "etc other lien, estate or interest, they shall apportion and award to the parties in interest such portion of the compensation as they shall deem just. (8 759.) Sec. 9. To assist the jury in arriving at their verdict va ' Jury may take the court may allow the jury, when they retire, to take with them the ^j^ n r( ^;; petition filed in the case and a map showing the location of the pro- posed improvement and of each and all of the parcels of property to be taken, and may also submit to them a blank verdict which may be as follows: 4io LAWS RELATING TO THE CITY OK DETROIT. i h m'iw 80. nriMM. mi siui lis \M> \i i n s. Blank verdict. ^ *' lm ^ 1 ' lia ' ^ * s necessary to take the private property described in the petition in this cause, for the use and [or| benefit of the public, for the proposed public improvement. The just compensation to be paid for such private property we have ascertained and determined, and hereby award as follows: Verdict set aside same as in civil suits. Amendments Description of each of the several parcels of private property to be taken. Owners. occupants, and others interest - . ed in each parcel. Compensation. To whom payable. The different descriptions of the property and the names of the occupants, owners, and others interested therein, may be inserted in said blank verdict, under the direction of the court, before it is sub- mitted to the jury, or it may be done by the jury. (§ 760.) Sec. 10. The verdict of the jury may be set aside by the court and a new trial ordered as in civil suits at law in the circuit courts of this state. Amendments either in form or substance may be allowed in any paper, petition, process, record, or proceeding, or in the description of property proposed to be taken, or the name of any person, whether contained in a resolution passed by the common council, board of trustees, or board of supervisors of the county, or otherwise, whenever the amendment will not interfere with the sub- stantial rights of the parties. Any such amendment may be made af- ter as well as before judgment confirming the verdict of the jury. LAWS RELATING TO THE CITY OF DETROIT 411 OPENING OF STREETS AND ALLEYS. CHAPTER 30 (8 761.) Sec. 11. Motions for a new trial or to arrest the pro- Motions for ° new trial, etc. ceedings shall be made within two days after the rendition of the ver- dict, unless further time is allowed by the court; and if no such mo- tion is made, or being made is overruled, the court shall enter an or- der or judgment confirming the verdict of the jury; and such judg- confirmation of verdict. ment of confirmation, unless reversed by the supreme court, shall be final and conclusive as to all persons interested therein. (§ 762.) Sec. 12. Any person whose property may be taken, A1 _ considering himself aggrieved, may appeal from the judgment of the court confirming the verdict of the jury by filing in writing with the clerk of said court a notice of such appeal within five days after the confirmation, and within the same time serving a copy thereof on the city or village attorney, or prosecuting attorney of the county, and fil- ing a bond in said court, to be approve by the judge thereof, condi- ppea tioned for the prosecution of said appeal to judgment and the pay- ment of all costs, damages, and expenses that may be awarded against him, in case the judgment of confirmation shall be affirmed. Such appeal shall be perfected within the same time and prosecuted Perfecting as an appeal in chancery, as near as may be, subject to the provisions a PP eal - of this act. (§ 763.)~Sec. 13. Incase of such an appeal the clerk of the Duty n f c i er ks on appeal. court, on payment of his legal fees and charges, shall transmit to the supreme court a certified copy of the necessary riles, records, and pro- ceedings in the case; and the judge of the court shall, at the request of the appellant, settle a case according to the usual practice of .-aid court, showing the materia,] evidence and instructions given to the jury bearing upon any disputed points to which exception was taken, and the objections, rulings, and exceptions in the case, all of which shall be returned by said eh rk as part of the records, to the clerk of the supreme court. 4I2 CAWS RK1.AT1NC. XO TIIK CITY OK DETROIT. (.11 vi- I » K 80. OPENING OF STREETS AND Al LEYS. ,,..,;„„ ou (>? 764.) Sec. 14. The said appeal may be brought on for a hearing at any term of the supreme court, and said court may affirm, or tor any substantial error reverse the judgment, and may grant a new trial. The said court shall allow the prevailiug party his reason- able costs and expenses to be taxed, and give judgment as in oth«r chancery appeals, and all costs, damages and expenses awarded to the i osts, expenses city, village or county, if it so elect, may be applied on or deducted from the compensation, if any, to be paid, or execution may issue on the judgment. Damages may be awarded against a party appealing without reasonable cause. When clerk to (§ 765.) Sec. 15. When the verdict of the jury shall have been transmit cer- tified copy of finally confirmed by the court, and the time in which to take an ap- proceedings. peal has expired, or, if an appeal is taken, on the filing in the court below of a certified copy of the order of the supreme court, affirming the judgment of confirmation, it shall be the duty of the clerk of the court to transmit to the common council, board of trustees, or board of supervisors, a certified copy of the verdict of the jury, and of the judgment of confirmation, and of the judgment, if any, of affirmance; and thereupon, the proper and necessary proceedings, in due course, shall be taken for the collection of the sum or sums awarded ^by the jury. If the common council, or board of trustees, or board of super- Assessments ben e r fiu ng *" visors, believe that a portion of the city, village or county in the vi- cinity of the proposed improvement, will be benefited by such im- provement, they may, by an entry in their minutes, determine that the whole or any just proportion of the compensation awarded by the jury shall be assessed upon the owners or occupants of real estate deemed to be thus benefited; and thereupon they shall, by resolution, fix and determine the district or portion of the city [or] village or county ben- efited, and specify the amount to be assessed upon the owners or oc- cupants of the taxable real estate therein. The amount of the bene- fit thus ascertained shall be assessed upon the owners or occupants of I.AWS RELATING TO THE CITY OF DETROIT. 413 OPENING OF STREETS AND ALLFA'S. CHAPTER : J ,I> such taxable real estate, in proportion as nearly as may, to the advan- tage which such lot, parcel, <>r subdivision is deemed to acquire by the improvement. The assessment shall be made and the amount Making and collt -i levied and collected in the same manner and by the same officers and assessments. proceeding, as near as may be, as is provided in the charter of the municipality for assessing, levying, and collecting the expense of a public improvement when a street is graded. The assessment roll when assess- ' * • ment roll to containing said assessments, when ratified and confirmed by the com- e na ' mon council, board of trustees, or board of supervisors, shall be final and conclusive, and prima facie evidence of the regularity and legality of all proceedings prior thereto, and the assessment therein contained shall be and continue a lien on the premises on which the same is made, until payment thereof. Whatever amount or portion of such awarded compensation shall not be raised in the manner herein pro- vided, shall be assessed, levied and collected upon the taxable real es- tate of the municipality, the same as other general taxes are assessed and collected in such city, village or county. At any sale which City may be- takes place of the assessed premises, or any portion thereof, delin- come purchaser at tax sale, quent for non-payment of the amount assessed and levied thereon, the city, [orj village or county may become a purchaser at the sale. (§ 760.) Sec. 16. Within one year after the confirmation of the compensation, how paid, etc. verdict of the jury or after the judgment of confirmation shall on ap- peal be confirmed, the common council, board of trustees or board of supervisors shall set apart and cause to be provided in the treasury, unless already provided, the amount required to make compensation to the owners and persons interested for the private property taken as awarded by the jury, and shall, in the resolution setting apart and providing said sum, if not already provided, direct the city or village treasurer, or the county treasurer, to pay to the persons respectively entitled to the money so set apart and provided, to each his or her proportion, as ascertained and awarded by said verdict. And it shall 4«4 i.wvs RELATING CO L'HE CITY OF DETROIT. ClIAPT] Duty of treasurer. Ol'l \l\l. ill- s I K I I- I s \\li Al I I \ -.. Council, etc. may borrow money. Duty of treasurer. When council, etc., may take -ion. In case of re- sistance, etc. Writ of assistance. be tin' duty of the treasurer to securely hold such money in the trea- sury for the purpose of paying for the properly taken, and pay the same to the persons entitled thereto, according to the verdict of the jury, on demand, and not pay out the money lor any other purpose whatever. The common council, hoard of trustees or hoard of super- visors may provide the necessary amount by borrowing from any other money or fund in the treasury, and repay the same from money raised to pay the compensation awarded by the jury when collected, or otherwise, as they may provide. Whenever the necessary sum is actually in the treasury for such purpose, the treasurer shall make and sign duplicate certificates, verified by his oath, showing that the amount of compensation awarded by the jury is actually in the treasury for payment of the private property taken in the case, giving the title of the case; he shall cause one of the certificates to be tiled in the of- fice of the clerk of the court in which the proceedings were had, and the other to he riled with the city clerk or county clerk, which certi- ticates shall be prima jacie evidence of the matters therein stated. Whenever the amount of the compensation is in the treasury and thus- secured to be paid, the common council, hoard of trustees, or hoard of supervisors, may enter upon and take possession of and use such pri vate property for the purposes for which it was taken and may remove all buildings, fences aud other obstructions therefrom. In case of re- sistance or refusal on the part of any one to the common council,, board of trustees, or board of supervisors, or their agents and servants entering upon aud taking possession of such private property for the use and purpose for which it was taken, at any time after the amount of the compensation aforesaid is actually in the treasury, ready to be paid to those entitled thereto, the common council, board of trustees, or board of supervisors, by the city or village attorney, or prosecuting attorney, may apply to the court, and shall be entitled, on making a sufficient showing, to a writ of assistance to put them in possession of. the property. LAWS RELATING TO THE CITY OF DETROIT. 415 OPENING OF STREETS AND VI.LEYS. C IIAPTfcK 30 (§ 767.) Sec. 17. Officers, jurors and witnesses in any proceed- £ f °^" 1 ? s ation iugs under this act shall be entitled to receive from the city, [or] vil- lage or county instituting the proceedings, the same fees and coinpen" satioQ as are provided by law for similar services in an ordinary ac- tion at law in the circuit courts of this state. (§ 768.) Snc. 18. The practice and proceedings of the recorder's Practice in recorder's court court of the city of Detroit under this act, relating to the summoning of Detroit, and excusing of jurors and talesmen and to imposing penalties upon them for non-attendance, shall be the same as the practice and pro- ceedings of said court relative to petit jurors for the trial of criminal cases, but no peremptory challenges shall be allowed. (§ 709.). Sec. 19. All the expenses and costs of the proceed- Costs and expenses, ings to take and use private property under this act, incurred by the municipality or county, shall be paid out of the general fund, contin- gent fund, or a fund provided for such purposes, as the case may be; and it shall be lawful for the judge in any case to order the payment by the city, village or county to any respondent of such a reasonable attorney fee as he may deem just, not exceeding twenty-five dollars, Attorney fee which may lie taxed with the costs. (§ 770.) Sec. 20. The cities and villages of this state, authorized Property may bo taken to to take or hold land or property outside of their corporate limits for secure water supply. obtaining and securing a .supply of water to the municipality, or for any other public purpose, may take private property therefor, pro vided it is for the use or benefit of the public. The proceedings in all ,, 1 Proceeding's such cases shall comply, as near as may be, to the proceedings pre- scribed by this act, but shall be instituted in the circuit court of the county where the property is situated, and the jury shall be composed of twelve freeholders of the county, and shall be eaipaneled as fol- lows: The sheriff, under sheriff, or a deputy sheriff of I he county • Empaneling shall make a list of twenty-four freeholders residing in the vicinity of a '"' v ' 416 i.wvs relating ro nil; citi o* Detroit. ClIArTl OPENING 01' STKEE IS AND Al 1.1- V S. the property, and the city attorney and the respondents, collectively* shall each have the righl to strike six names from said list, and the twelve persons left thereon shall compose the jury, and shall he sum- moned to attend by a venire issued by 'he clerk of said court, and to be served by one of said sheriffs. IT the respondents neglecl or re fuse to strike six names from said list, it shall he done by the circuit judge, and in case any of the persons so summoned shall not attend, or shall he excused for cause or otherwise, talesman [talesmen] pos sessing the necessary qualifications shall be summoned by one of said officers. (§ 771.) Sec. 21. The common council, board of trustees, or n for new trial, appeal, et hoard of supervisors shall not have power to discontinue proceedings under this act after the rendition of the verdict of the jury, but they may direct the city or village attorney, or prosecuting attorney of the county to move for a new trial, or to arrest the proceedings, or to take an appeal to the supreme court, and in any such case the same pro- ceedings shall be taken as are hereinbefore prescribed in the case of like proceedings on the part of any respondent, except that uo bond shall be required, nor shall the municipality or county be required to pay the clerk of the recorder's or superior court fees. (8 172.) Sec. 22. It shall be prima facie evidence as to who are owners of and persons interested in any property proposed to be Evidence of taken in the proceedings instituted under this act, if the register or ownership of property. deputy register of deeds of the county shall testify in open court that he has examined the records and titles in his office, and states who such records show are the owners of and persons interested in such property, and the nature and extent of such ownership and interest; and- an abstract of the title of such property, or of any parcel or par- cels thereof, certified by the register or deputy register of deeds, shall also be prima facie evidence as to ownership, and persons hav- LAWS RELATING TO THE CITY OF DETROIT. 417 1PJ MM , (il S IVREETS AND ALLEYS. C'lIA ing an interest in any such property, and the extent ami nature of such interest. (8 ',!:', 1 Sec. 23. In case there is on the private property taken Sale of vo buildings, etc. a building or other structure, the same shall lie sold by or under the direction of the common council, board of trustees, or board of super- visors: the amount produced by the sale shall belong and be paid to the fund for paying the compensation awarded lor the property taken, and the common council, board of trustees, or board of super- visors shall cause such amount to be credited and applied in reduction fro rata of the assessment and apportionment made to pay for the property taken, provided that such assessments equal the amount Proviso. awarded for the property taken. (§ 774.) Sec. 24. Cities and villages now authorized under ex- cities and villages may istiug acts of incorporation, or other special acts, to take private pro- proceed under charter, peity for public uses, may severally proceed, under the provisions of their respective local charters, or other special acts, or under the pro- visions of this act; and this act shall not be construed as in any way affecting or impairing the provisions of such local charters or special acts on the subject of taking private property for public use. 775.) Sec. 25. A.ct number twenty-six of the public acts of Act repealed. eighteen hundred and eighty-two, approved March fifteenth, eighteen hundred and eighty-two, is hereby repealed: but nevertheless pro- ceedings begun and undetermined under said act, or any previous act. shall not be affected by such repeal, but may be completed in all respects and shall be as binding as it This act had not been passed. CHAPTER XXXI. ELECTION LAWS. jf-.n Act to prescribe the manner of conducting and to prevent fraud and (deception) deceptions at elections in this state. (§ 776.) SECTION 1. The people of the State of Michigan enact, That at all elections at which any presidential elector, member of con- Elections gress, member of the legislature, state or county officer, or circuit judge is to be elected, or any amendments to the constitution, the supervisor, two justices of the peace uot holding the office of super- visor or township clerk, whose term of office will first expire, and the township clerk of each township, and the assessor, if there be one, an alderman of each ward in a city shall be the inspectors of election : Provided, That in all voting precincts where by special enactment, provisions exist for designating inspectors of election, said provisions .are not to be superseded, but such officers shall be the inspectors of ■election under this act ; And provided, further, That no person shall act as such inspector, who is a candidate for any office to lie elected by ballot, at said election. (As amended by act approved June J, 1893.) (§ 777.) Sec. 2. In case four inspectors shall not attend at the r ectors . n , . ., of election. opening of the polls, or shall not remain in attendance during the election, the electors present may choose, viva voce, such number of said ejectors as, with the inspector or inspectors present, shall con- stitute a board of four in number; and such electors so chosen, shall be inspectors of that election during the continuance thereof. (§ 778.) Sec. 3. In townships, the township clerk, if present, Clerks. shall act as clerk of the flection, and before tne opening jf the polls, LAWS RELATING TO ill i CITV OF DETROIT. I'M \" n K 31. ' ELECTION LAWS. the inspectors in each township .-shall appoint an elector to be a second clerk of the election; and if the township clerk shall not be present, the hoard shall appoint two such clerks, and the inspectors in each ward or voting precinct in a city shall designate one of their number to act as clerk and shall appoint one other elector as second clerk; and each of the clerks so appointed, and each of the inspectors so chosen, shall take the constitutional oath of office, which oath either of the inspectors may administer. (8 779.) Sec. 4. No election district or voting precinct under distoicts. the provisions of this act shall contain more than six hundred and fifty electors according to the poll list of the hist preceding general election. When any election district or voting precinct shall contain over six hundred ami fifty electors, it shall be the duty of the town- ship board in townships, and the city council in cities, to divide such voting precincts into two or more election districts. In case of town- ships and incorporated villages so divided, the provisions of chapter eight of Howell's Annotated Statutes shall apply to and govern all proceedings hereunder, with reference to such division, boards of registration, election inspectors and all matters arising therefrom, not provided for by this act. In cities where no special provisions exist relative thereto, such division and all matters arising therefrom, not covered by the provisions of this act, shall be provided for by ordin- ance of the common council of said city, and it is hereby made the duty of such common council to make all necessary rules and regula- ' tions in connection therewith to fully carry out the provisions of this section : Provided, That any election district or voting precinct under the provisions of this act containing three hundred or more electors, and not exceeding six hundred and fifty electors according to the poll list Qf the last preceding general election, may, at the discretion of the proper authorities, be divided into two election districts. (As ap- proved March 16th, 1893.) LAW'S RELATING TO THE CITY OF DETROIT. 421 1 1 I CVION TAWS ill.- 31 (§ 780.) Sec. 5. On the day of election the polls thereof shall be Polls; time of openinf opened at seven o'clock in the forenoon, or as soon thereafter as may closm £- be, and shall he continued open until live o'clock in the afternoon of the same day. and no longer; but in townships the board may adjourn the polls at twelve o'clock noon, for one hour, in their discretion. The inspectors shall cause proclamation to be made upon opening the polls, and shall also cause proclamation to be made of the closing of the polls, one hour, thirty minutes and fifteen minutes, respectively, before the closing thereof. (§ 781.) Sec. G. There shall be provided and kept by the town- B . ll]ot lloxes ship clerk in each township, at the expense of such township, and in each ward or voting precinct of any city, by the city clerk or recorder at the expense of the city, one or more suitable ballot boxes, with lock and key, which ballot box shall have an opening through the lid of the proper size to admit a single closed ballot, through which each ballot received shall be passed into the box. He shall also furnish a township or ward election seal, which shall contain the name of the township or ward, and the words " election seal " around the margin thereof, and such other words or device thereon as the township board of the township or the common council of the city may prescribe. (8 782.) Sec. 7. Before opening the poll, the ballot box shall be f & 1 ' Ballot boxes examined, and the contents, if any, removed therefrom; it shall then before^penlng of polls, be locked, and the key thereof delivered to one of the inspectors, to be designated by the board. The said box shall not be opened during the election, except as provided by law. and in case of adjournments. (§ 783.) Sec. 8. When the supervisor shall be one of the board, chairman lie shall be chairman thereof; but if he be absent, such one of their number as the inspectors shall designatf , shall be chairman. (§ 784.) Sec. '•». In each county in the state, the judge of pro- fiectior^ commissioners. bate, county clerk and county treasurer, shall constitue a board of how constituted .422 CAWS RELATING TO THE CITY OF DETROIT. CH MTIK 81, ELECTION LAWS Duties of. election commissioners, two of whom shall constitute a quorum and of which board the judge Of probate shall be chairman and the county clerk shall be secretary. It shall be the duty of said board to prepare and distribute ballots and stamps for election of all officers for whom the electors are entitled to vote, and for all proposed constitutional amendments or other questions to be submitted to the electors of the state for popular vote in compliance with the provisions of law. The members of said board shall serve without compensation. (2 785.) Sec. 10. The said board of election commissioners shall cause to be printed on the ballot the names of the candidates nomi- nated by the regularly called conventions of any party, and it shall be the duty of the state, district or county committee of each political party to forward to the said board of ejection commissioners of each county in the state, not less than twenty days prior to any such elec- tion, a copy of the vignette adopted by them and the names of all can- didates nominated at any regularly called convention, at which candi- dates for any of the offices mentioned in section one of this act shall be nominated and no other names unless authorized or instructed by said convention. All the names of parties so nominated shall be cer- tified to by the chairman and secretary of the respective committees. State committee (§-786.) Sec. 11. It shall hereafter be the duty of the state com- duty of. mittee of any political party or organization in this state, before each election, to prepare and adopt by engraving or otherwise, a vignette, to be printed at the top of the column of such ballot assigned to such party, as a distinctive and characteristic heading thereto; such vignette shall not be more than one inch and-a-half square, and in addition to the device adopted, shall set forth legibly the name of such party. A proof copy of the ballot shall be on file at the office of the county clerk of each county, and open fcr inspection by the candidates named thereon and by the chairman of each committee furnishing the names I,A\VS RELATING TO THE CITY OF DETROIT. 4 2 3 Chapter 31 ELECTION I. WVS. of the candidates thereon but no other person, at least ten days prior to each election. And it shall be the duty of the board of election commissioners, to correct such errors as maybe found therein by such inspection. (§ 787.) Sec. 12. When such vignette and heading shall have Copy of vignette and been adopted and prepared, an impression of the same, followed by names of can- 1 didates to be the names of the candidates nominated at or by the discretion of the j^^JJg 8 regularly called convention, printed and sea'ed up in an envelope, shall be filed with the county clerk of the county where such elec- tion is to be held, at least twenty days before such election ; also a copy shall be filed with the secretary of state at least twenty days prior to such election. Such ballots shall be kept by the secretary of state and said county clerk on deposit, and from the time of said filing- it shall be unlawful for any person to imitate, copy or in any manner counterfeit the same, or change the name of the candidate of such regular convention, except as herein provided, or by authority of such convention. Such vignette and heading shall remain as the heading for the column of such party organization on the ballots of all elec- tions until changed by the proper committee, and notiee thereof shall have been given to such county clerks and secretary of state. It shall be the duty of the board of election commissioners to provide, at the expense of the county, a sufficient number of cuts of the several (vignettes) vignette provided for in this act from which to print the necessary number of ballots to be distributed by them. (§ 788.) SEC. IB. Whenever a proposed constitutional amend- constitutional amendments, incut or other question is to be submitted to the electors of the state for popular vote, the secretary of state shall duly, and not less than thirty days before election, certify the same to the clerk of each county in the state. 4J-J LAWS RELATING TO THK Cl'fV OB' DETROIT ClIAPTl ELECTION ] \ \VS. i J rintin , 789.) Sec. 14. The board of election commissioners in each names on ballot county shall cause the names of all candidates for the various offices mentioned in section one of this acl to be voted for in each legislative district of said county, at an election held p:;r-uanl to the provisions of this act, to be printed on One ballot, all nominations of any party to be placed under the title and devioe oi such party as designated by them in their certificate, and shall also cause any proposed constitu- amendments^ tional amendments or other questions to be submitted to the electors of the state for popular vote to be printed at the foot of said ballot, in such convenient place as to be readily distinguishable one from the Position on other. The ticket of the party having the greatest number of votes ballot. , , .. , within the county at the last preceding general election shall be placed first on the ballot, the position of other tickets to be governed relatively by the same rule. The ballots shall be of uniform size and Si and quality . of ballot. of the same quality of white paper, and sufficiently thick that the printing cannot be distinguished from the back. The list of candi- dates of each party shall be placed in a separate column of said bal- Arrangement lot with the appropriate heading ; and the arrangement of the ballot of ballot. shall conform as nearly as may be to the following plan, and shall contain the specific instruction therein set forth, and no others. (As amended by act approved June 1, 1893.) LAWS RELATING TO THE CITY OF DETROIT. ELEC 1 ION I- VWS. 425 Chapi O] 1 HI \l. l: IIXOT [Instructions] — In all cases stamp a cross (\i in the circle under the name of your party at the head of tin: ballot. If you desire in vote ;i straight ticket nothing further need be done. Where onh one candidate is to be elected to any office, ami you desire to vote fo.- a candidate not on your party ticket, make a cross in the square before the name of the candidate for whom you de- sire to vote on the other ticket. Where tw o or more candidates are to he elected to the same office, anil yon desire to vote for can- didati _•- on different tickets for such office, make a cross in the square before the names of the candi- dates for whom you desire to vote on the other ticket; also erase an equal number of names of candi- dates on your party ticket for the same office for whom you do not desire to vote. If vuu wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the ini- tials mav be seen on the outside. NAME OF OFFICER VOTED FOR. State. Governor I VIGNETTE. DEMOCRATIC. o VIGNE 1 I E. j REPUBLICAN. o |Q Edwin B. Winans. p James M.Turner. Q Lyman A. Brant. •■■ Lieutenant Governor □ Frederick Braastad. [_] Lemuel G. Da foe. ♦ i | William A. Johnson Secretary of State [TJ Daniel E. Super. I [Washington Gardner|LJ William McKinstry CONGRESSION VL. Representative in Congress- fifth congressional district.. □ Edwin F. I'hl l'K ESIDENT1 VI- Electors of President and Vice-President J Arthur S. Whin. I.I-.CISl.A 1 I VI-. State Senator — twenty-first district £j Albert K. Roof. Representative- -first district. Q Vincent P. Cash County. Sheriff.. Judge of Probate . □ Charles R. Pratt. I I Jay L. Newberry. I J. Warren Peake. □ Charles W. Watkins O Dudley O. Watson. □ Frederick Maynard.jQ John W. Ilayward. Q Selitf Solomon. jDjohn M. Her/. □ DeVere Hall. □ William IS. Jackson. ^] William Halm □ James Hanley. □ Grant M. Morse. □ Frank Porter. □ John V. N. Gregory.n Frank W. Cook. 4.26 CAWS RELATING I'm I'll!'. CiTV OF DETROIT. Chapter 81. i mi vws. In case of death (§790.) SEC. I"'. Incase of the death, removal or withdrawal ti ,etc of any candidate after the printing of such ballots, and before such election, the chairman of the state, district or county committee of the political party to which such candidate belonged, shall transmit, to the county clerk the name of the person selected by such party to till such vacancy, and said county clerk shall provide the election, board of each precinct in which such candidate is to be voted for with a provfded° etc, number of pasters containing only the name of such new candidate, at least equal to the number of ballots provided for such precinct, but no pasters shall be given to or received by anyone except such elec- 1i.ui board and such chairman, and it shall be the duty of the chair- man of the board of inspectors of election to put one of such pasters, in a careful and proper manner, in the proper place on each ballot before it shall be given to any elector for the purpose of voting. In Whir, nam. to r he printed in. etc case of such death, removal or resignation before the printing of such ballots the name of the person selected in the place of such candi- date shall be communicated by the proper committee of the political organization to which such candidate belonged, and the necessary change in such ballot shall be made by the board. Unlawful to (g 79i) SfiC. 10. It shall not be lawful for the printer of such use other than s ' ballots or any other person to give, or deliver to, or knowingly permit to be taken, any of said ballots, by any person other than the board of election commissioners, for which such ballots are being printed, or in print, or cause to be or permit to be printed, any ballot in any other form than the one prescribed by this act, or with any other name thereon, or with the names misspelled, or the names or devices there- on arranged in any other way than that authorized and directed by the saiil board of election commissioners: Provided, That it shall Pro\ iso. and may be lawful for the chairmen of committees and candidates named on the official ballot to procure any number of fac similes of the ticket to be printed on red, yellow or blue papei , and to circulate LAWS RELATING TO THE CITY OE DETROIT. 427 ELECTION LAWS. CHAPTER 31 the same for the purpose of the instructions of voters; and said col- ored ballots to have printed at the head the words, " Instruction bal- lot." (As amended by act approved June 1, 1898.) (3 792.) Sec. IT. It shall be the duty of the board of election . " ' J Sufficient commissioners of each county to provide a sufficient number of bal- b a ™ ots t0 be pn >\ ided. lots, at least two to each elector according to the vote at the last pre- ceding general election. They shall also provide and enclose in each package of official ballots to be delivered to some member of the board of election inspectors of each voting precinct, as hereinafter provided, as many metallic stamps bearing a cross (X), together with gtam ^ ink pads and metallic erasing stamps as may be necessary, at least two stamps being furnished for every booth erected, as hereinafter provided. And the board of election commissioners of each county shall audit and issue their warrants for the same, which shall be paid now paid for. by the county treasurer out of the general fund of the county. (As amended by act approved June 1, 1893.) (? 793.1 Sec. 18. Whenever a constitutional amendment or other _, ' Of amend- question is proposed to be voted upon by the electors, the substance m< of such amendment or other question shall be clearly indicated upon the ballot, and below the same upon the ballot shall be placed in sep- arate lines the words "Yes" and "No." The elector shall designate his vote by a cross mark (X) placed opposite the word "Yes" or the wind "No." (§ 794.) Sec. 19. It shall be the duty of the chairman of the Duty of chair- board of election inspectors of each voting precinct in each county, or man to procure ballot--. - ti in case he cannot attend, some other' member of such board, author- ized in writing by the said chairman, to appear at the office of the count} clerk of his county, not more than four nor less than two (lavs before each election, and the board of election commissioners shall deliver to him in a sealed package, the ballots and the stamps pro CAWS RELATING TO THE CITY OF DETROIT, (',, VPTKR ELECTION 1 AW How ballots vided for his precinct. The necessary number of ballots shall be I, etc. wrapped and tied in packages, and securely sealed with wax, and the ( nairman of said board or some other member thereof duly authorized therefor, shall make and sign a certificate setting forth the number of ballots in such parka-'', and thai such ballots were packed and scaled by himself personally, and upon delivery of such package and said certificate to such inspector of elections he shall receipt for the same; and for the sale sealing of such ballots the county board of election commissioners shall provide themselves with a seal of such design as When to be opened, etc. they tnay deem proper. Said packages shall not be opened until de- livered to the election board of the respective voting precincts, to which they are directed, when said boards shall be fully organized and ready for the reception of votes as in this act provided. When board to (§ ' i,5 Sec. 20. Incase none of the board of election inspec- send ballots, etc , , tors of any precinct shall appear at the oftice of the county c lerk within the time above specified, the board of election commissioners shall forthwith dispatch a special messenger to such precinct, with the ballots and stamps for such precinct, wrapped, tied and sealed as aforesaid, who shall deliver the same to one of the election inspectors or some responsible elector of said precinct, to be designated by the board of election commissioners, who may receipt therefor, and whose duty it shall be to deliver the same to the inspectors at the polling place before seven o'clock in the forenoon of the day of election. Such messenger shall promptly report to such clerk and rile with him To file receipt '"' '' a,,ots - the receipt of the person to whom he delivered such ballots and stamps, and his affidavit stating where, when and to whom he de- livered the same. (§ 796.) Sec. 21. In all townships, and all voting precincts in Railing or knee to be cities, the township board of each township, and the various officers erected in voting room.etc whose dut y j t may b e to designate and prescribe the place or places of holding general elections in the several cities, wards, election dis- LAWS RELATING TO THE CITY OF DETROIT. |>> ELECTION LAWS. ClTAPTER 31 tricts and voting precincts throughout the state, shall provide for, and cause to be erected in the room where elections are to be held, a rail- ing or fence four feet in height, which railing or fence shall be placed through and across the room, and shall cause gates to be erected in said railing. The entrance gate shall be in charge of a gatekeeper Entrance to be in charge of appointed at the opening of the polls by the board of election in- gatekeeper, etc. specters, and duly sworn to allow no person to pass through said gate and enter said railing except as otherwise provided in this act, except to vote or to assist some elector in the preparation of his ballot, as provided in this act, and no person shall be allowed to be inside of j^^inYngl said railiug, except to vote or to assist an elector in the preparation of his ballot, as hereinafter provided, and as soon as the elector has voted he shall retire without, and shall not again be admitted within the railing, and only as many electors as there are booths shall be al- lowed within the railing at one and the same time, and the electors- shall be admitted in the order in which they shall apply. The Booths to be entrauce gate shall be placed at one side of the room, and on the in- erected. side of said gate a booth or temporary room shall be erected. At least one such booth shall be provided at each polling place, and not less than one for each hundred persons entitled to vote thereat, as shown by the last preceding registration of electors, and built with walls not less than six feet high, and in such (a) manner that the person preparing the ballot shall be concealed from all other persons. Said 1 ' & Exit gate railing shall also contain an exit gate, which shall be under the care aml kee P er - of an officer appointed by the board and duly sworn as above. (8 797.1 Sec. 22. A.t the opening of the polls, after the organi- 3 ' Ballots to be zation of, and in the presence of the board of inspectors, one of the °P ened > ctc - inspectors shall open the packages of ballots in such a manner as to preserve the seal intact, lie shall then deliver to one of the inspectors, inspector to i eceive ami to be designated by the board, fifty of the ballots, and shall place the mark ballots » et< stamps for marking the ballots in the booths, two in each, The in- 13P Ch \r LAWS REI.ATINC. TO THE CITY OF DETROIT. Ill' I ii IN LAWS Ballots to be delivered to - . etc. Challengers. spector SO designated shall at once proceed to write his initials in ink on the upper left hand corner of the back of each of said ballots in his ordinary haud-writing and without any distinguishing mark of any kind. As eaeh successive elector calls for :i ballot another one of the inspectors shall deliver to him the first signed of the fifty ballots, and as the Bupply of ballots in the hands of the inspectors shall decrease, additional ballots shall be signed by the same inspector, so that at least twenty- live ballots so signed shall be at all times in the hands of the inspector delivering the ballot to the elector. (§ 698.) Sec. 23. At every election each of the political parties shall have the right to designate and keep, not exceeding two chal- lengers at each place of voting, who shall be assigned such positions, immediately adjoining the inspectors inside the polling place, as will enable them to see each person as he offers to vote, and a seat and table, or desk, on which he may write within the railing shall be fur- nished for the accommodation of one of such challengers of each political party, and he shall have the right to inspect the poll lists as kept by the clerks, and who shall be protected in the discharge of their duty by the inspectors and the police. Authority signed by the recognized chairman or presiding officer of the chief managing com- mittee of a party in such county or township, city, ward or voting pre- ciuct,shall be sufficient evidence of the right of such challengers to be present inside the room where the ballot box is kept. The chairman appointing any challenger may, at his discretion, remove him and ap- May remain point another. Any challenger shall have the right and privilege of during canvass. remaining during the canvass of the votes and until the returns are duly signed aud made. (As amended by act approved June 1, 1893 ) (§ 799.) Sec. 24. If any person offering to vote shall be chal- lenged as unqualified by any inspector, challenger or elector entitled to vote at that poll, the chairman of the board of inspectors shall de- clare to the person challenged the constitutional qualifications of an Evidence. Challenge of voter. EAWS RELATING TO THE CITY OK DETROIT. 431 1 iu.v laws. Chapter 31 elector; and if such person shall state that he is a qualified elector, and the challenge is not withdrawn, one of the inspectors shall tender be tendered.* to him such one of the following oaths as he may claim to contain the grounds of his qualifications to vote: 1. "You do solemnly swear (or affirm) that you are twenty-one Form of 0ath years of age, that you are a citizen of the United States, that you have resided in this state three months next preceding this day, and in this township ward, or voting precinct, as the case may be, ten days next preceding this day, and that you have not voted at this election,"' or •J. "You do solemnly swear (or affirm) that you are twenty-one ldeni - years of age, that you resided in this state on the twenty-fourth day of June, eighteen hundred and thirty-rive, and that you have redded in this state three months next preceding this day, and in this town- ship, ward or voting precinct, as the case may be, ten days next pre- ceding this day, and that you have not voted at this election;" or, 8. "You do solemnly swear (or affirm) that you are twenty-one Idem years of age, and that you resided in this state on the first day of Jan- uary, eighteen hundred and fifty, that you have declared your inten- tion to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided in this state three months next preceding this day, and in this township, ward or voting precinct, as the case may be, ten days next preceding this day, and that you have not voted at this election;" or. 4. "You do solemnly swear (or affirm) that you are twenty-one., years of age, that you have resided in this state two years and six months, that you have declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding this election, that you have resided three months next preceding this 43- LAWS RELATING in THE CITY OF DETROIT. Chapter 8] election 1 awn. day, and in this township, ward or voting precinct, as the case may be, ten days next preceding this day, and that you have not voted at tins election." •">. -'Von do solemnly swear (or affirm) that you are twenty our Idem, J \ / J J years of age, and that you are a native of the United States, that you are a civilized inhabitant of the Indian descent, and not a member of any tribe, that you have resided in this state three months next, pre- ceding this day, and in this township, ward, or voting precinct, as the case may be, ten days next preceding this day, and that you have not voted at this election." If the person so challenged shall take such oath, his vote shall be False swearing received ; but if he shall swear falsely, upon conviction thereof, he perjury. shall be liable to the pains and penalties of perjury. {i 800.) Sec. 25. It shall be the duty of each inspector to chal- lenge every person offering a ballot whom he shall know or suspect to Dutv of nspectors to b e disqualified as an elector; and the board of inspectors shall possess challenge, etc. * full authority to maintain regularity and order, and to enforce obedi- ence to their lawful commands during an election, and during the canvass of the votes after the poll is closed. (§ 801.) Sec. 26. When an elector shall not be challenged or shall have taken the necessary oath or affirmation, he shall be per- yotYn^ er0f mitted to vote. On entering the room, the inspector holding the ballots shall deliver to him one of them, and on request shall give ex- planation of manner of voting; if deemed necessary by the board aii interpreter may be called. The elector shall then, and without leav- ing the room, go alone into a booth which is unoccupied and indicate the candidates for whom he desires to vote, as follows : If the party Straight ticket desires to vote a straight ticket he must stamp a cross (X)in the circle under the name of his party at the head of the ballot. Nothing fur- ther need be done. Where only one candidate is to be elected to an One candidate office, and the elector desires to vote for a candidate not on his party ticket, he should make a cross in the circle under the name of his LAWS RELATING TO THK CITY OF DETROIT. 433 election i.wv-. Chaiti.k :',] party, and also make a cross in the square before the name of the can- didate for whom he desires to vote on the other ticket. In such case it shall not be necessary to strike off the name of the candidate on the party ticket. Where two or more candidates are to be elected to the Two candidates for office. same office, like circuit court commissioners, electors, etc., and the voter desires to vote for candidates on different tickets for such office, he must mark a cross in the circle under his party name and mark a cross in the square before the name or names of the candi- date for whom he desires to vote on the other ticket or tickets, and also erase an equal number of names of the candidates for such office on his party ticket. If the elector wishes to vote for a candidate , „ , -,. i . Candidate not not on any ticket he must write or paste the name of such candidate on ticketi on his ticket opposite the name of the office and make a cross in the circle under the party names. A ticket marked with a cross in the Mark in drc i e .,, , _ n r . „ ., a vote for full circle under a party name will be deemed a vote for each of the can- ticket . didates named in such party column whose name is not erased, except Exceptions. those candidates where a cross is placed in the square before the name of some opposing candidate on the opposing ticket, orwhere a name is written or pasted on the party ticket of some candidate whose name is not printed as a candidate on any party ticket. In case there is only Method of vo'intr for one candidate to be elected to any office, the cross in the square before candidates on opposing- the name of the candidate on the opposing ticket shall be deemed one tkket. vote for such candidate. Where there are two or more candidates to elect to the same or like office, a cross before the names of the oppos- ingcandidate or candidates shall be deemed one vote for such candidate or candidates; Provided, An equal numberof names for the same office are erased from the party ticket. If the name of any person who is not a Votes for can- didates not on candidate on any ticket is written or placed on the party ticket oppo- ballot. site the name of the office, and there is a cross in the circle under the party name, the name so written shall be counted one vote for the person so mentioned, whether the original name en the party 4.U LAWS RELATING TO TllK CITY OK DKTROlT. Chapter ."■! election ] iws, tickel is erased or not, excepting cases where there is a cross in th* square before the name of some opposing candidate on .some other party ticket. If no cress is placed in tlie circle under the party name, a cross in the square before the name of any candidate shall be deemed a vote for such candidate, except in eases where the elector votes for more candidates for the same office than are to be elected. Such elector may also indicate his preference on any constitu- tional amendment or other question by stamping- a cross(X) in the square in front of the words "Yes " or "No," opposite such question. Before „ leaving the booth the elector shall fold his ballot so that no part Folding ballot ° ' toinspector 1 ." 8 °* tne t:ice thereof shall be exposed and so that the initials of the inspector shall be on the outside thereof, and on leaving the booth shall at once deliver, in public view, such ballot to the inspector designated to receive the same, who shall thereupon announce audibly the name of the elector offering the same. Before the ballot is de- Entering name posited in the box the poll clerks shall enter the name of such elector of elector. on their respective poll lists and number the same consecutively. The inspectors shall then, in the presence of the elector and the board of in- spectors, deposit the same in the bollotbox without opening the same: Proviso Provided, however, If any elector shall show his ballot, or any part thereof, to any person other than one lawfully assisting him in the preparation thereof, after the same shall have been marked, so as to disclose any part of the face thereof, such ballot shall not be received or deposited in the ballot box. Incase such elector shall so expose Cannot vote his ballot, his name shall be entered on the poll lists with a minute of again if ballot is. exposed. such occurrence, and such elector shall not be allowed to vote there- after at said election. The elector shall then leave the room, but no elector to whom the ballot has been delivered shall be permitted to leave the room without voting the ballot or returning it to the in- spector from which he received it. Any elector who shall attempt to Arrest. leave the room with a ballot or stamp in his possession shall be at once arrested on demand of any member of the board of inspectors LAWS RELATING TO THE CITY OF DETROIT. 435 ELECTION LAWS. CHAPTER 31 if he shall refuse to deliver the same on request. (As amended by act approved June 1, 1893.) (§ 802.) Sec. 27. At each adjournment of the poll the clerks clerks to com- pare poll lists, shall, in the presence of the inspectors, compare their respective poll etc. lists, compute and set down the number of votes, and in case the same do not agree, shall, under the direction of the board, correct all mis- takes that may be discovered, until such poll lists shall be made in all respects to correspond. (§ 803.) Sec. 28. The ballot box shall then be opened and the Care of ballot box, key, etc. poll list placed therein, the box locked, and at least five minutes be- fore the removal of the same a piece of leather (or canvass) so placed as to extend from the opening in the lid of said ballot box to the key- hole, in such a manner as to completely cover both such holes, shall be placed thereon, and the same securely fastened thereon with seal- ing wax, stamped with the official election seal of such township or ward, such piece of leather (or canvass) and the sealing wax to be so arranged as to render it impossible to open either of said holes with- out breaking said seal. The key shall then be delivered to one of the inspectors, the box to another, and the seal to another. Such box shall not be opened nor the seal broken until the box has been pub- licly exposed at least five minutes before the reopening of the poll. (S 804.) Sec. 29. The inspector having the key shall keep it in v " ' * J ■ Return and his possession, and deliver it again to the board at the next opening of bo^ete. the poll, and the inspector having the box shall carefully keep it with- out opening, or suffering it to be opened, or the seal thereof to be broken or removed, and shall publicly deliver it in that state to the board of inspectors at the next opening of the poll, when the seal shall be broken and the box opened, the poll list taken out, and the box again locked. 43 6 l.WYS RKI.AT1NG TO THE CITY OK DETROIT. Oi \im I B 81 I- I I c ■ I l<>\ l \\\ s. Disti ibution ., etc. (§ 805.) Sec. 80. No ballot shall be distributed by any person other than one of the inspectors of election, nor in any place except within the railing of the voting room, to electors about to vote, and no ballot which has not the initials of a member of the board of elec- tion, written by such member on the back thereof, shall be placed in the ballot box. Printed in- structions to voters to he furnished, etc. Instructions in foreign language. (g 806.) Sec. 31. Uniform printed instructions to voters, printed in large type upon cards, shall be furnished by the secretary of state to the county clerk of each county, containing any information that will enable voters to quickly make and correctly designate their choice, and the county clerks shall furnish such cards to the city and township clerks in the county. Such clerks shall furnish such cards to each polling place, one of which shall be hung in each compartment, two in the polling room and three on the outside of the building in which the voting takes place. Whenever the clerk of any county notifies the secretary of state that the printed instructions are also needed in a foreign language, and such language is stated, then it shall be the duty of the secretary of state to furnish such printed instructions in such foreign language. In case of necessity the chairman may em- ploy an interpreter. Voting by incapable persons. Unlawful to influence voter. (§ SOT.) Sec. 32. When an elector shall make oath that he can- not read English, or that because of physical disability he cannot mark his billot, or when sueh disability shall be made manifest to said inspectors, his ballot shall be marked for him in the presence of the challenger of each political party having a challenger at such voting place, by an inspector designated by the board for that pur- pose, which marking shall be done in one of the booths. (§ 808.) Sec. 33. It shall be unlawful for the board, or any of them, or any person in the polling room or any compartment there- LAWS RELATING TO THE CITY OF DETROIT. 437 ELECTION LAWS. CHAI'TEK 31 with connected, to persuade or endeavor to persuade any person to vote for or against any particular candidate or party ticket. (§ 809.) Sec. 34. If the elector votes for more than one caudi- voting- for more than date for the same office, said ballot shall not be counted for those per- one person, etc. sons, but shall be as to them null and void. If any elector inad- Spoiled ballot ■ vertently spoils a ballot he may obtain another from the board by re- turning such spoiled one. (§ 810.) Sec. 35. The board of inspectors of election shall pre- Board to pre- serve unused serve the unused ballots, together with the ballots which have been ballots, etc. spoiled, and return the same to the city or township clerk, with a statement of the number of ballots used, and there shall be given by the clerk to the inspectors of election a receipt therefor, which shal be filed with the chairman of the board. (8 811.) Sec. 36. Immediately on closing the polls the bo&rd Canvass of ° ' J ox votes, how shall proceed to canvass the votes. Such canvass shall be public, and co shall commence by a comparison of the poll lists and a correction of any mistakes that may be found therein until they shall be found or made to agree. The box shall then be opened and the whole number of ballots counted. If the ballots shall be in excess of the number of the electors voting, according to the poll lists, they shall be re- placed in the box, and one of the inspectors shall publicly draw out and destroy so many ballots therefrom unopened as shall be equal to such excess. They shall first select and count the straight tickets and give the number of each candidate voted for on the straight votes, etc. ticket. All other tickets shall be laid on the table and counted in regular order, in such subdivisions thereof as may be convenient for a prompt and careful determination of the result of such election In the canvass of the votes, any ballot which is not indorsed with the initials of the inspector, as provided in this act, and any ballot which what ballots ... i. . . , . , . i i ,i , .i i void, etc. shall bear any distinguishing mark or mutilation shall be void, and ■\. v s l.AWS Ki:i.ATiNC, TO THE CITY OV DETROIT. CH MM 1 K 111 111(1 ION I WVS. shall not be counted; and any bailor, or part of a ballot, from which it is impossible to determine the elector's choice of candidates shall be void as to the candidate or candidates thereby effected : Provided, however. That all such ballots shall be preserved, marked by the in- Proviso. J pectors (not counted) and kept separate from the others by being tied or held in one package by a rubber baud or otherwise. _.. ... (3 812.) Sec. 37. After the ballots are counted they shall, to- Disposition of \r, i j i ' gether with one tally sheet, be placed in the ballot box, which shall be securely sealed in such a manner that it cannot be opened without breaking such seal. The ballot box shall then be placed in charge of the township or city clerk, but the keys of said ballot box shall be he!d by the chairman of the board, and the election seal in the hands of the other inspectors of election. _ (8 813.) Sec. 38. After the count of the tickets or ballots has Result to be vo declared, etc. been completed the result shall be immediately publicly declared, and the number of votes received by each candidate or person on the ticket shall be publicly declared by one of the inspectors. The in- stalment of spectors shall then prepare a statement of the result in duplicate, result. showing the whole number of votes for each office, the names of the persons for which such votes were given, and the number each per- son received. Such statement, when certified by the inspectors and duly signed, shall be delivered, one copy to the township clerk, to be filed by him in his office, and the other to the inspector appointed by the board to attend the county canvass. (§ 814.) Sec. 39. The gatekeepers of elections shall be peace Powers and keepers* etc te omcers at polling places, and are hereby delegated power equal to constables for the purpose of maintaining peace and quiet at the polls on election day. They shall have charge of and keep the gates at polling places, and shall not allow any person to approach within the railing provided for in section sixteen, except those authorized by LAWS RELATING TO THE CITY OF DETROIT. 439 ELECTION' LAWS. ChAPTBR 31 law and qualified electors, whom they shall allow to pass through the gates and approach the ballot box or boxes for the purpose of voting; and they shall admit one elector at a time only to vote, and shall cause said elector to retire without the gate and railing as soon as he has voted; and no person shall in any manner interfere with a gate- Pena | ty for interference keeper of election in the discharge of ris duty, and it shall be un- with, etc. lawful for the gatekeepers to aid, assist, suggest, advise or entreat an elector to prepare his ballot in a particular manner, or to coerce or attempt to coerce an elector in any way to vote or to refrain from voting for any particular person or party. No person shall be eligible Eligibility of to fill the office of gatekeeper of election on any election day when his name shall be on any ticket at said election. Gatekeepers of (elections) election shall be at the polling place at the opening of the polls, and shall remain there until the closing of the polls, and shall receive as compensation two dollars per day for each day's work Compensation. while actually engaged. (§ 815.) Sec. 40. No election shall be held, nor shall any elec- Elections shall tion be appointed to be held, in any saloon or barroom, or in any saloons, e etc. in room or place contiguous with or adjacent thereto. Should any place 1 & When in- be designated or appointed for holding an election in violation hereof, s[^ to e rs ^ u or become subject to such objection after having been so designated, place ' the inspectors of election shall have power, and it shall be their duty, on or before the day of such election, and before the opening of the polls on such day, to procure a suitable place as near thereto as may be, not subject to like objection. Said inspectors shall meet at the Inspectors to place first designated at the time for opening the poll, and after any meet, etc. vacancies in their number shall have been filled, adjourn to the place chosen by them, and at the time of said adjournment give public notice to the electors present, by proclamation, of such change, and Notice of^ post in a conspicuous manner notice of tin- place where such election shall be held; and all expense attending such change shall be certified 440 LAWS RELATING TO THE CITV OS' DETROIT. CH vimkk 81. SI I ■' rION I VWS. by said inspe tors to the proper authorities, and shall be allowed and paid accordingly. (8 sic. i Sec. 41. Any person or persons introducing in any Liquors, bring- v?> J ' misdemeanor, way, upon election day, into the building where au election is being held, any spirituous or malt liquors, and any inspector or clerk of election drinking any such liquors in such place, or being intoxicated therein upon election day, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdic- Penaltyfor tiou, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding sixty days, or by both tine and im- prisonment, in the discretion of the court. Time \ oter may remain (§ si 7.) Sec. 42. The board of election may make such regula- nBom!" 1 '" 1 lations as they deem proper, limiting the time in which an elector may remain in the room or booth while preparing and voting his bal- lot; such limitation, however, shall not be less than one nor more than five minutes. (S 818 ) Sec. 43. It shall not be lawful for any candidate for Unlawful for vo candidate to elective office with intent to promote his election, or for any ;iiu his election •> manners" other person with intent to promote the election of any such can- didate either: First, To provide or furnish entertainment at his expense to any meeting of electors previous to or during the election at which he (shall) may be a candidate; or Second, To pay for, procure, or engage to pay for any such enter- tainment; or Third, To contribute money for any other purpose intended to promote an election of any particular person or ticket, except for the defraying the expenses of office room or hall rent, postage, stationery and clerk hire, music at public meetings, the pay and expense of EAWS RELATING TO THE CITY OF DETROIT. 44] ELECTION LAWS. Cl-IAPTEK '■',} public speakers, transportation of committeemen, the pay of chal- lengers at the polls and of persons to inspect the registration of voters ami of persons employed to make lists of the votes in election pre- cincts, and of printing, and the circulation of handbills and other papers previous to any such election, or for conveying electors to the polls. (Approved June 1, 1893.) i§ 819.) Sec. 44. It shall be the duty of every candidate for ^ ... ° J Candidate and any office named in this act, and of the chairman of every state, dis- mak™statement of expenses, etc tnct and county committee of euch political organization, within twenty days after each election held pursuant to the provisions of this act, to make and file an affidavit stating the amount of money ex- pended by each candidate or committee in and about the canvass of such candidate or political organization in connection with such elec- tion, and further showing that no expenditures have been made by such candidate or political organization, or by any person in his or its behalf, to the knowledge of the person making such affidavit, for any purpose prohibited by this act. Such affidavit, when made Statement to by the chairman of the state committee or a candidate for any state be nlec, > e(c - office, shall be filed in the office of the Secretary of State; when made by the chairman of any district committee or a candidate for the office of presidential elector, member of CoDgress, state senator, or representative, in the office of the clerk of the county to which elec- tion returns for said district are made, and when made by the chair- man of any county committee or candidate for a county office, in the Office of the clerk of such county. Willful false swearing in this or False swear- ing to be per in any other matter herein required to be under the oath of any per- jury. son shall lie deemed perjury, and punishable accordingly, (§ 820.) Sec. 45. Any person who shall knowingly violate any of the provisions of this act, or shall willfully neglect or refuse to per- ^tobefe^ony. form any duty enjoined upon him hereby, or shall disclose to any other person the Dame of any candidate voted for by any elector, the H- Chap Penaltj therefor. Repealing clause. l.wvs RELATING TO THE CITV OF DETROIT. .'N I LWS. contents of whose ballot shall have been by such person, or shall in any manner obstruct or attempt to obstruct any elector in his exercise of his duties as such elector under this act, shall be deemed guilty of a felony, and on conviction thereoi' shall be punished by a tine not exceeding one thousand dollars, or imprisonment in the state prison no1 exceeding two years, or by both fine and imprisonment. :.i Sec. 46. All acts or parts of acts contravening the pro- visions of this act are hereby repealed. (This Act is ordered to take immediate effect. Approved July 3, 1891.) Ci 822 ) Sec. 47. At the general election to be held in this state Opening and V5 "' closing of polls. Qn the flrgt Monday of April, eighteen hundred and ninety-three, or in any second year thereafter, the polls of such election in townships and cit'es, shall, for all purposes, open and close at the times herein prescribed for the opening and closing of polls, anything in act num- ber one hundred and ninety-four of the public acts of eighteen hun- dred and and ninety-one, or in any other statute, local or general, to Proviso. the contrary notwithstanding: Provided, That this seetion shall not be construed as forbidding a noon adjournment in townships. (This Act is ordered to take immediate effect. Approved March 16, 1893.) APPEND! NOTE r. § 19. The chairman of the board of inspectors and of registration must be appointed by the common council, but if the council fails to act, the vacancy can be filled by the electors at the opening of the polls. (Dingwall vs. Common Council, 82 Mich., 568.) Note 2. § 24. By an amendment to the "act relative to free schools in the city of Detroit," and adding two new sections, approved June 2, 1891, (see S 500 of this compilation Ut was enacted that the qualifications of elec- tors in the school district comprising the city of Detroit, shall be the same as those prescribed by the laws of this state and the United States, for voters at large at general city elections, provided that when special measures or questions shall be submitted to the electors as provided by the preceding section (\ 499), women may be qualified to vote. Note 3. 2 62. By section 8234 a, 3 How. Stats., all sureties on official bonds must justify under oath as to their pecuniary responsibility. Note 4. 'i 98. A majority of aldermen present held sufficient to elect a presi- dent. (Supreme Court, January, 1886.) There is no legal sanction for the taking of "informal ballots." (School district No 8 vs. Root, 61 Mich., 373.) A quorum of the council consists of a majority of the aldermen authorized to be elected. (Guthard vs. Kronberg, Supreme Court, Feb- ruary, 1891.) NOTE 5. \ 106. The provision that no ordinance shall take effect before one publication thereof, means that no ordinance can be enforced and viola- tion thereof punished, until the public have been informed of its enact- ment by at least one publication; the matter of publication being only essential before enforcement. An ordinance may by its terms be or- dered to take immediate effect, but. cannot be enforced before one pub- lication thereof. (People vs. Keir, 78 Mich., 98.) I i ( ' \i'i'i:\Di\ To CITY CHARTER. Note 6. [21. It is competent for the -common council to change from one of the uses mentioned in the acl of congress of 1N07 to another of those uses, one of the triangular pieces of ground laid out by the Governor and fudges. (Riggs vs. Board of Education, 27 Mich., 262,) But in the case of the Board of Education vs. Detroit, 30 Mich., 505, it was held th.it tin- common council could not open a street through such a trian- gular piece of ground, as that would be devoting it to a purpose entirely different from that mentioned in the act of 1807. NOTE 7. \ 160. See act authorizing the issuing of bonds for construction of sewers. (§ 329a, page HiS,?. NOTE 8. \ 161. The consent of the board of estimates must also be j^iven. NoTE 9. \ 249. Questions of title cannot lie tried in the recorder's court in a prosecution for obstructing and encumbering a public alley- (People vs. Statt, 90, Mich , 343.) NOTE CO. \ 251. The acquittal of a defendant prosecuted by complaint and war- rant as in a criminal proceeding for the violation of an ordinance, is be- yond reach by any process of review. (Northville vs. Westfall, 75 M ich., 603.) NOTE II. ? 309. See as to powers and salary of board of public works. (City of Detroit vs. Board of Public Works, 23 Mich., 546; People vs. the Com- mon Council, 29 Mich., 108; Chapoton vs. Detroit, 38 Mich., 638.) NOTE 12. \ 312. The board of public works has no power to vacate a plat af" ter its approval and adoption, but may change it when authorized by a three-fourths vote of the common council. It has no power to direct where a land owner shall establish an alley when platting land. (Cam- pau vs. Board of Public Works, 86 Mich., 372.) The board cannot pre- vent a land owner from platting his land so long as the proposed plat does not interfere with the general plan of the streets, and mandamus will lie to compel approval of the plat. (Campau vs. Board of Public Works, 86 Mich. ,372; Van Husan vs. Heames, 91 Mich., 519.) On an ap- plication for mandamus made at the January term, 1891, by the same relator as in the cas« last cited, the court refused a mandamus to compel approval of a plat which laid out a street according to the general plan but did not dedicate it as a highway. Note 13. \ 320. This provision pronibits the council from ordering any pub- lic improvement or public work, or committing itself to the making thereof, and for incurring the expense of advertising for bids thereon without first getting an estimate from the board of public works. (But- ler vs. Detroit, 43 Mich., 552; Mills vs. Detroit, 95 Mich., 422.) APPENDIX TO CITY CHARTER. 445 NOTE 14. \ 432. The commissioners of parks and boulevards may hire the necessary employes for Belle Isle bridge who are subject to the supervi- sion and control of the commissioners, but the common council must fix their compensation. NOTE 15. \ 437. The issuance of bonds to raise money to pay for lands pur- chased or condemned by the commissioners of parks and boulevards need not be approved by the board of estimates. (Commissioners of Parks and Boulevards vs. Rush, city controller, 84 Mich., 154.) Note 16. ? 443. See Commissioners of Parks and Boulevards vs. Moesta, 91 Mich., 149. Note 17. § 446. See Commissioners of Parks and Boulevards vs. Michigan Central Railroad Co., 90 Mich., 385; Commissioners of Parks and Boule- vards vs. Chicago, Detroit, etc., Railroad Co., 91 Mich., 291. Note 18. $ 449. There is no authority under this section to award either wit- ness or attorney fees. (Hester vs. Commissioners of Parks and Boule- vards. 84 Mich., 450. NOTE 19. § 505. The board of water commissioners may accept donations for the purpose of enabling them to improve and beautify the land in their custody about their works, and to maintain a library composed of works of practical utility to the persons engaged in looking after the works, and such as would properly be found in any such concern as part of their apparatus. Where a municipal corporation has within its control for present and future use a tract of land for municipal purposes, it would be contrary to good sense to hold that, so far as it can reasonably be done, such tract should not be put and kept In neat and attractive or- der. (Penny vs. Croul, 76 Mich., 471.) Note 20. § 532. This section was held invalid in Jones vs. Water Commission- ers of Detroit, 34 Mich., 273. Water rates paid by consumers are in no sense taxes, but are nothing more than the price paid for water as a commodity, just as similar rates are paid to gas companies. No one can be compelled to take the water unless he chooses, and the lien therefor is really a lien for an indebtedness like that enforced against ships and vessels. INDEX ACCOUNTS. Section. When Controller to audit and allow 76 1 Doubtful, how disposed of 76 Controller to open with Treasurer 77 To be audited by Council ' 86 When to be sworn to 86 When barred 86 Illegal, not. to be allowed 197 Must be accompanied by affidavit 199 Books of, of Fire Commissioners, subject to inspection 355 Books of, of Boulevard Commissioners, subject to inspection 435 Books of, of Police Commissioners, subject to inspection 564 Books of, of House of Correction, subject to inspection 598 ACKNOWLEDGEMENT. (See Deeds.) ACQUITTALS. Clerk of Recorder's Court to report number of. 273 ACTING MAYOR. Who to be 71 ACTIONS. When to be conducted by City Attorney 74, 300 Against city, when barred 86 ADJOURNMENTS. Of meetings of Common » ouncil 99 ' H drawings of jurors 264, 265 AFFIDAVITS. When to accompany accounts 86, 199 Chairmen of committees may take 116 Complaints to be in form of 249' < »l publication, in street opening cases 731, 755. \1S1.KS. Section In public halls, etc., to be kepi clear 714 ALDERMEN. (See Board of Aldermen.) To be members of board of registration 11 To be inspectois of election 19 When elected, terms of office, etc 'iti Ineligible to other office, when 45 Punishment of for accepting bribes -IS How expelled from Board of 58 May administer oaths s:> May be compelled to attend council meetings 97 One third of may call special meeting 100 Compensation of lilt Shall not vote when interested in question IIP. Appointments and removals, vote on 114 To be Supervisors 104 Certain contracts with to be void 201 ALLEYS. (See Highways, Streets, Opening of Streets and Alleys.; Power of Council to open, extend, widen, vacate, etc 121, 720, 751 Power to clean, etc 122 Power to establish boundaries of 127 Limitation of expenditures for grading and paving, etc 188 Council may pass ordinance to pave 221 Power of Water Commissioners to lay water pipes through, etc 512 Removal of nuisances in 548 Damages by opening, etc., of 729 ALMSHOUSE. Council may establish 129 AMENDMENTS. Of complaints, etc., In the Recorder's Court 249 Of petitions in street opening cases 739, 700 AMUSEMENTS. Power to prohibit in streets 122 ANIMALS. Power to compel fastening of in streets 122 Power to impound 125 ANNEXATION OF NEW TERRITORY. Officers elected in ^ 6 Assessment of taxes, etc 8 Apportionment of school moneys in 10 INDEX. APPEALS. Section From assessments by Board of Assessors 168, 169 From Recorder's Court 251 From Police Court 664 From decision of Building Inspectors 719 From proceedings to open streets, etc 741 , 762 Return of clerk on, in street opening cases 742, 763 Hearing in Supreme Court on 743, 761 APPOINTMENTS. On nomination of Mayor 37* By Council 38 To fill vacancies 58 Of assistants, etc 68 To be by majority vote 114 APPROPRIATIONS. Controller to report when exhausted 76 Power of Council to make 184 ARRESTS. When electors not subject to 35 Police to make report of 560 ASH HOUSES. Power to regulate construction of 133 ASSESSMENTS. On land detached from townships 8 To be made by Board of Assessors '■■ ■ ■ 80 For grading, paving, etc., of streets, etc 121 To be a lien 121 For abatement of nuisances 130 To fill up cellars, etc 131 For constructing sidewalks 115 Illegal, maybe refunded 146, 149 Power of Council to make 147 New , when to be made 148, 149 Unjust, may be refunded 151 On lands lying in two or more wards 1 65 Description of lands subject to 165 May be corrected 167, 168 Notice of meeting of Board of Assessors for review 167 Appeals from, to Common Council 168, 169 Property bid in on special assessments may be held in trust 17!) For lateral sewers and cross-walks 181 Ordinances for, how passed 202 District 216 For improvements, how made 21V im»i:\. ASSESSMENTS CJontinued. Section On irregular lots 217 Of land ii. >t platted 218 Council may correcl and confirm assessment rolls 210 For improving alleys 221 Persons may elecl to pay entire paving 226 Penalty for i paj oaenl of paving: 226 i '( water rates 518 For water rates to be a lien 513 Sale of property for delinquent water rates 514 ASSESSMENT ROLLS. For paving, side and cross-walks, lateral sewers, and all other special assessments to be made by City Engineer 79 When to be made 163 Notice of review of 167 Appeals from to be considered by Common Council 168, 169 To be the basis of all taxes until another assessment 169 Proceedings after rolls are confirmed 170 Receiver to give notice of reception of 170 Prima facie evidence of regularity 180 Proceedings for collection of special assessments 1S1 Paving, to be divided into four parts 2\IG ASSESSMENT OF BENEFITS. For opening ditches, drains, etc 1 2* For sewers aud drains through private property 150 One half of for opening streets and alleys, etc., how raised and paid 729 How made 737, 738, 758, 765 Amount collected from, to be paid Treasurer T44, 706 When land may be sold to pay 744, 765 ASSESSORS, BOARD OF How appointed, term of office of, compensation of 37, 162 Shall assess all property liable to assessment 80, 165, 166 When to make assessments and make tax rolls 1 * »- i Action of, may be reviewed by Council 1 63 President of to have powers of supervisor 164 Duties and powers of 165, 166 May demand list of property from owners 166 Notice of meeting to review 167 When to deliver rolls to Controller 170 State and count y taxes 170 To make list of land with name of owners for local assessment districts 219 To assess cost and expenses of improvements 219 To transmit assessment rolls to Council 219 To give notice of completion of assessment rolls 219 To assist in selection of jurors in street and alley openings 733 ASSIGNATION HOUSES. Section Power to suppress. ASSISTANTS, DEPUTIES, ETC. Appointment of. 135 68 ATTORNEY. (See City Attorney.) "When authorized to practice in Police Court 652 AUCTIONS. Mock, power to prohibit and suppress 135 Power to regulate l39 AUCTIONEERS. Power to license and regulate 139 AUDITORS OF WAYNE COUNTY. May inspect records of Recorder's Court 253 To audit certain bills of expense for arresting criminals 548 AWNINGS. Power to regulate 122 AWARDS. In street opening cases 737 AYES AND NAYS. When vote to be taken by in Common Council 112, 902 BAIL. Power to hold to, for good behavior 142 Clerk and Judges of Recorder's Court, may let to - ' > Clerk of Recorder's Court, to report number held to 2~ 3 Policemen not to be interested in &*" Special, policemen shall not furnish 560 Persons committed, in default of :> " Prosecutions of forfeited bail o7r For appearance at Recorder's Court 580 For appearance on adjourned day 5S1 What judges may let to 6° 5 Of witnesses. C56 BALCONIES. To be provided and Are escapes, how constructed 71* BALLAST. Powers to regulate the laying out of 11!) INDEX. BALLOTS. (See Election Laws.) Section Canvass ami return of 29 When to be destroyed 29 For persons to fill vacancies 31 Vignette on 785, 786, 787 Copy of to be filed with County Clerk and Secretary of State 786 Printing of names on, size, arrangement and form of 789 How printed in case of death of candidate 790 Unlawful to use other than official 791 Number to be provided 792 Expense of, how paid 792 Constitutional amendments 788, 789, 793 How put up and delivered at polling booths 794, 795 How opened, marked and delivered to elector 797 Method of marking, folding, etc 801 Exposure of 801 How distributed 805 How marked when elector is incapable 807 Spoiled ballot 809 When not to be counted 809 Unused and spoiled, to be preserved 810 Distinguishing marks on 811 Counting 811,812, 813 BALLOT BOXES. (See Election laws.) Disposition of at close of election 29, 812 How provided, etc 781 To be examined before opening polls 782 How locked and sealed 803, 812 BANKS. Power to make contracts with 205 BARBED WIRE FENCES. Council may order taken down 85 BARNS. Power to regulate the construction of, abate nuisances, etc 132 BATHING AND BATH HOUSES. Power to prevent, license and regulate 134 BEEF. Power to inspect 140 BEGGARS. Power to punish and restrain 135. BELLE ISLE. (See Board of Park and Boulevard Commissioners.) BELLS. INDEX. 7 Section Power to regulate the ringing of 123 BENEFITS. (See Assessment of Benefits. ) BETTING. Council may prohibit, etc 1 " BIDS. For public work exceeding $200 191 For paving, what to show 21C BILLIARDS. Power to suppress gambling, etc., with 13, BIRTHS AND DEATHS. Power to regulate registration of 141 Registration of 68S BLACKSMITH SHOPS. Power to regulate construction of , etc 132 BOARDS. To make report and estimates when required 88, 204 May administer oaths and issue subpoenas, etc U6 BOARD OF ASSESSORS. (See Assessors.) BOARD OF AUDITORS OF WAYNE COUNTY. (See Auditors, etc. ) BOARD OF ALDERMEN. (See Aldermen.) To appoint certain officers Ah May expel its members od President of, when elected ' *> * How constituted, clerk of, etc 9i Clerk to preside at first meeting of 98 Sessions of " Special sessions of, how called — '. *""' Reconsideration of vote by, in case of Mayor's veto 103 Right of petition to 109 Judge of qualifications, etc., of its own members H° Ordinances, etc., not to be passed at meeting when introduced 112, 202 Committees of, how appointed 115 BOARD OF BUILDING INSPECTORS. (See Building Inspectors.) BOARD OF CITY CANVASSERS. How composed "^ BOARD OF COMMISSIONERS OF SINKING FUND. (See Sinking Fund.) index. BO \KI> OF EDUCATION. Section How organized and composed 477 Members of, how elected 177 Ex officio members of 480 Corporate name of 480 Meetings of 481 Superintended of Schools, salary of 482 Secretary and Treasurer of 482 Primarj school money 483 Manner of taking census oi children 483 < Mlcnses under ordinances of - 484 Shall publish annual statement 485 Shall appoint Library Commissioners 4S0 Powers and duties of Library Commissioners 486 Public Library building, how provided for (87 Annual estimates 488 Shall make estimates for lots and buildings 488 Per capita tax, limitation of 488 Bonds for school purposes 489 Receiver of Taxes to notify amount of school tax collected 491 School moneys to be paid to Treasurer of 492 School tax to be separate on tax roll 493 May borrow money for temporary purposes 494 Non-resident taxpayers may send children to schools 495 Council may make ordinances relative to schools 497 Inspectors not to receive compensation or to be interested in contracts 498 May submit certain questions to vote of electors 499 Manner of conducting elections on questions submitted 499 Qualifications of electors 500 When Mayor may veto proceedings of 501 Proceedings on Mayor's veto 501 BOARD OF FIRE COMMISSIONERS. (See Fire Commissioners.) BOARD OF HEALTH. How appointed 87, 376 Terms of office of members 3/6 Shall appoint health officer < 376 Salary of health officer 377 Shall make estimates to Common Council 378 To nominate city physicians 379 Reports of 380 How constituted , 382 Power to appoint officers, clerks, etc 382 Qualification of Health Commissioner 382 Qualifications of Health Officer 382 Qualifications of Spscial Sanitary Inspector 382 Qualifications of food, meat, milk and sanitary inspectors 382 Sanitary functions of police abolished 382 Plumbers, shall pass examination 382 Section Shall determine duties and fix salaries of all appoiutees 382 Shall regulate plumbing etc. of buildings 383 Penalty for violating rules of 383 Plans of drainage etc. of public buildings to be approved by 384 Plumbers required to be registered 385 Coroners to make monthly reports to 386 When Board of Public Works subject to control of 387 County Clerk to make report of marriages to 3 s * Physicians, midwives etc., to report to 389 Public institutions, etc . , to report to 390 Expiration of terms of present officers 391 Extraordinary powers of in case of pestilence 392 Power to tax for maintenance of 393 City treasurer made treasurer of 393 Sale of impure milk 394 Penalty for sale of impure milk • ■ 395 Milk inspector, how appointed 3% Duties of Milk Inspector 397, 398 When Inspector to make complaints 398 Penalty for refusing inspection 400 BOARD OF INSPECTORS OF ELECTION. (See Inspectors of Election— Election Laws.) BOARD OF INSPECTORS OF HOUSE OF CORRECTION. (See House of Correction. I BOARD OF PARK AND BOULEVARD COMMISSIONERS. How appointed 37, 423 To have police powers and jurisdiction over Belle Ible Park 418 Power to erect bridge and approaches 419 Issue of bridge bonds 420 Organization, powers of etc 424 To have exclusive care of boulevards and parks, etc 424 Vacancies in, how filled 420 May appoint secretary, make rules and by-laws, etc 427 May employ engineers, clerks, agents, etc., and prescribe their compensation 427 Quorum of 4 27 What to have charge of 428 When must advertise for bids 428 Council may make ordinances for observance of rules of 429 Shall make annual estimates 430 Estimates to be levied with other taxes 431 Futids of how paid out 432 Shall not create debts or liabilities not authorized 432 Shall have control of Belle Isle Bridge and make rules for use of 43i Shall not hold other office, and receive no compenf a ion 434 Shall make annual report 435 Books of records of, subject to inspection 435 Shall let privileges for hiring of boats etc 43fi ."May purchas • lands when 437 [NDBX BOAKD OF PARK AND BOULEVARD COMMISSIONERS- Continued. Section With consent of Council may issue bonds 181 Condemnation of lands by 488, 189, 140, 141, 142, 143, 144, 145,446,447, 148,449, 4r.it Petition for acquisition of lands, what it shall contain 438 Proceedings in court on petition 439 Service of notice of proceedings 440 When notice to be published 440 When court shall direct service 442 Drawing of jurors 443- Verdict of jury may be set aside 415 Confirmation of report, etc 446 Appeals in condemnation proceedings 448 Jurors fees in condemnation proceedings 44!* Payment of compensation awarded in condemnation proceedings 450 Original act confirmed 451 Previous act repealed 452 May make rules as to sidewalks, etc 453 Assessments for sidewalks 453 Bonds for improvement of Boulevard 454 Bonds for improvement of Belle Isle park 455 Question of issuance to be submitted to electors 456 Vote on issuing bonds, how taken 45V May receive donations of land 45S Police powers over donated land 459 Council may extend public lighting over parks, etc 460 Establishment of board in townships '. 462, 463, 464 Term of office of 465 Mayor to be president of . . 466 Location of Boulevard 467 Maps and survey of Boulevard 468, 469 Conveyance of real estate to 470 Power to condemn land 471 Power to condemn land in townships 472 Boulevard to be common and public 473 When powers conferred shall be exercised 474 City to pay expenses of survey 475 City Engineer to assist in survey 475 BOARD OF POLICE COMMISSIONERS. (See Metropolitan Police.) BOARD OF POOR COMMISSIONERS. How appointed 37, 401 Powers, term of, etc 401 Shall enforce ordinances relative to poor 402 To purchase supplies for the poor 403 May contract for care and burial of poor 404 To disburse county relief fund 405 Donations to 406 Appointments by 401, 407 To receive no compensation 400 Section To act as County Superintendents 412, 413 Shall appoint City Physicians - 414 When to aid dependent families 6 ~ 6 BOARD OF PUBLIC WORKS. How appointed 37, 309 Shall estimate amount of sewer bonds necessary 161 When may build sidewalks, etc lf, l Term of office, salary, etc 309 Members of to give bonds 309 Vacancies in, how filled 309 Shall appoint city engineer 310 Members of shall not accept nominations to office 311 Shall make general plans of st reets and alleys, etc 312 Plats not valid until approved by 312 Cannot change plat 312 Shall establish system of grades 313 Shall establish system of sewers 314 May regulate gas connections in streets 315 Shall supervise grading and paving of all streets, alleys, etc 316 To supervise construction of sidewalks, crosswalks, etc 317 May employ skilled workmen, w hen 318 To have entire charge and control of street cleaning, repair of paving, etc 319 To make estimates for repairs, cleaning, etc 319 All public improvements to be first referred to 320 May appoint superintendents, clerks, secretary, etc 321 Shall report all work done to Council 322 No money for work done to be paid except ordered by Council 322 Council may grant other powers to 323 Shall classify work, keep accounts original construction, repairs, etc., and make an- nual report to Council 324 Members of not to be interested in contracts 325 Members of may be removed for cause by Council 325 Grading and paving, how done 326 Erection of public buildings 326 May issue permits to use streets 327 May inspect buildings, etc 327 May remove dangerous structures 329 When subject to Board of Health 387 BOARD OF REGISTRATION. (See Registration, Board of) BOARD OF WATER COMMISSIONERS. (See Water Commissioners.) BOILERS. Inspection of. power to regulate. 122 BONDS. (See Public Sewer Bonds.) Secticn Controller t<> countersign ,c Board of Estimates may authorize issue of 188 Public improvemenl . 189 For bridge 1S9 ' Denomination of * 8 ^ By whom signed, endorsement, form of 1S!) Bids for 189 Coupons, how paid 189 1 Treasurer's duties relative thereto 189 Controller's duties relative to I s '-' New. what to show 194 Refunded, to be cancelled 105, When void ;■• 1% Purchased for Sinking Fund 21 ° Public faith and property pledged tost cure 21S Paving, may be issued ~-' Paving, may be delivered to contractor '-'- l Paving, how payable, interest on ~25 Controller shall keep record of 225 Sewer, issuance of to be submitted to electors 329a Sewer, shall not be sold for less than par 329£ Sewer, denominations to be fixed by Common Council 329* Sewer, money from sale of, to be credited to public sewer funds 329c Controller to keep record of sew er 329c For school purposes - 48.) For Belle Isle Park 42 ° Water Commissioners authorized to issue 508, 536, 637, 538, 539, 540 Re-issue of and new °~' > "0 On appeal in street opening cases '41, "~ BONDS, OFFICIAL. When to be filed 61 What officers to give 61 Conditions of - Of constables ° Council may order new *>4 Neglect to file, vacates office 6o Sureties on 6 " ( 'lerk to report officers failing to file fi T To be given before a license shall issue 14 3 Of clerk and deputy clerk of Recorder's Court 235 Of treasurer of Board of Education 482 Of Property Clerk of Police Board ■"'"'' Of Clerk of Police Court 645 Of Clerk of Justices' Court 68G BOOKS AND PAPERS. Refusal to deliver over, puuishment for 81 INDEX. 13 BOOKS AND PICTURES. INDECENT. Section Power to prevent sale of 123 BOULEVARD, AND BOULEVARD COMMISSIONERS. (See Board of Park and Boulevard Commissioners.) BOUNDARIES. Of City ?, Of wards 4 Of highways, streets, etc., power to establish 127 BREAD. Power to inspect., etc 140 BREWERIES. Power to regulate construction, etc., of 132 BRIBERV. Punishment for 48 BRIDGES. Council may build, when 152 Interest of city in 152 Management of 152 Council may issue bonds for building 189, 420 Police to have jurisdiction over 418 To Belle Isle, Council may construct 118 BUILDINGS. Unsafe, power to remove 85 Power of Council to number 187 Power to erect public 129 Regulations as to fire risks 132 Erection and lepair of wooden 133 Erection and repair of stone and brick 133 Right to remove on tax sales 177 To be provided with balconies 714 Elevators, hoistways and well holes in 714 Exit doors and seats in aisles in 714 Not to be used without inspector's certificate 71G Dangerous, may be removed or torn down 717 Taken in street opening cases 737, 746 Proceeds of sale of, in certain cases '< ■'"> '•' "> 14 INDEX. BUILDING INSPECTORS. Section Bow appointed, removed and qualifications of 711 ■ niuvrs, rules, and books of 718 Shall Inspecl buildings annually and upon complaint 713 To give certificates of inspection 715 Buildings not to be used \\ ithout certificate of TIB Duties of as to dangerous buildings 717 shall give notice to owner of dangerous huildings 717 Mav remove dangerous buildings 717 Shall have authority to enter upon owner's premises 718 Shall inspect during the erection of new buddings 719 Duties of as to defective material 1 19 Appeals from decision of board of 71H Shall make monthly and annual reports 720 Salary of 721 Shall charge no fees for inspection 721 Violations of provisions of building inspection act, how punished 722 To have concurrent jurisdiction with Chief of Police 725 BUILDING MATERIAL. Power to regulate inspection of 140, 719 BURGLARS TOOLS. To be seized and destroyed 579 BURIALS. Of strangers and poor, power to regulate HI Board of Poor Commissioners to provide for 40 1 BUTCHERS. Power to license, etc 139 BUTCHER SHOPS AND STALLS. Power to compel cleaning of, etc 130 Power to prohibit erection of 13~ BUTTER. Po pver to inspect 140 BY-LAWS. Power of Council to pass 110 CABS. CSee Vehicles.) CAB-MEN Power to license and regulate 1-4, 13H INDEX. 15 CAMPHENE FACTORIES. Section Power to prohibit and prevent 13*. CANVASSERS. (See Board of.) CANVASS. (See Election Laws. ) Of votes, how made 29, 811 CARAVANS. Power to license, regulate or prohibit 139> CARDS. Power to suppress gaming with 134 CARPENTER AND COOPER SHOPS. Power to regulate construction and management of 182: CARRIAGES, CARTS, Etc. (See Vehicles.) CATTLE. Power to restrain running at large 135 CELEBRATIONS. Power to levy tax for 222 CELLARS. Power to compel cleaning of 131 Power to regulate construction of 131 Power to assess expenses of lateral sewers for draining, etc 131 CEMETERY. Power to hold real estate for 129 CENSUS. Power to provide for taking Ill Of children, Board of Education to take 48$ Of children, school taxes to be based on 48$ Registration of births and deaths 688> CERTIFICATES. On presentation of ordinance to Mayor 104 Of sale of land for taxes 173 To be prima facie evidence of regularity 180 Of expenses of state prisoners in House of Correction 254 To Commissioner of Police 544 Of inspection of buildings etc 715 Of treasurer, in street opening cases 715 l6 INDEX. CHALLENGES ' Section Of voters at election 25, 789, 799, 800 Of jurors in police court 663 Of jurors in street opening cases 735 ill \KTER. Power to punish violation of provisions of 142 Prosecutions for violations of 249 Attorney to collect fines for violation of 252 City to pay costs etc., of prosecution under 25-1 Offences against, may be tried without a jury 259 Clerk of Recorder's Court to report prosecutions under 273 CHIEF ENGINEER. May be appointed by Fire Commissioners 342 Salary of 342 CHIMNEYS. Power to regulate construction and cleaning of 133 ( IRCUIT COURT COMMISSIONERS. Not to grant writs of habeas corpus etc. or to discharge or release prisoners on bail 624 CIRCUSES. Power to prohibit or license 139 CITY ATTORNEY. When elected, term of office of 30 Qualifications of 42 Duties of 74, 308 To collect fines in Recorder's Court 252 To file petitions in street opening cases 728, 753 Notice of appeal to be served on 741 To move for new trials, when 748 May bidin property for city, when 749 CITY CLERK. To give notice of elections 18 To receive returns of ballots 29 When elected, term of office of 36 To give notice of election and appointment of officers 65 Shall report those neglect ing to qualify 67 General duties and powers of 75 May administer oaths s; j To countersign licenses 87 To be clerk of Common Council 75, 97 To preside at first meeting of Council 98 INDEX. 17 -CITY CLERK— Continued. Section To serve notice of special meetings of Council 100 To make certificates of presentation of ordinances, etc., to Mayor 104 To keep record of Council proceedings and record ordinances, etc 105 To take acknowledgments of and attest deeds from city 178 To give notice of election of Recorder 231 CITY OF DETROIT. Boundaries of 3 Faith and property of, pledged for payment of debts 213 To pay costs of certain prosecutions 254 To be one school district , 476 To pay expenses of Metropolitan Police, and of serving criminal process 561 •CITY ENGINEER. How appointed, 39, 310 Powers and duties of 79, 310 Salary 310 How removed 310 Shall make survey of Boulevard 475 CITY PHYSICIANS. How appointed 39, 379, 414 Must be confirmed by City Council 381 Qualifications of 415 Duties of •IIS CLAIMS. (See Accounts.) CLERK OF JUSTICES 1 COURTS. Appointment, salary, duties of, etc . . 681 To appoint deputies, etc 681 To receive fines 081 Bondof 681 CLERKS OF MARKETS. (See Market.) CLERK OF POLICE COURT. How appointed, term of office of 39, 644 Qualifications and oath of office 645 Vacancy in office of 646 Shall keep records of court, collect tines, administer oaths, etc 662 ■CLERK OF RECORDERS C3URT. May administer oath „ 83, 236 How appointed 234 Bondof 235 Powers and duties, and salary of 236 Complaints in ordinance cases to be sworn to before '-'49 K s indi:\. CLERK OF RECORDER'S COURT— Continued. Section. When to open or adjourn court 260 I'n make reports of collections of fines 252 List of jurors bo be tiled with 260, 261, 738 Old .jury ballots to be destroyed by ■ 262 To notify Recorder and Sheriff of drawing of jurors 263, 735 May adjourn drawing of jurors 264 Drawing jurors by 265, *> 35 To make minutes of drawings and issue venire 266, 735 To destroy ballots of jurors drawn or excused 269 To make annual reports to Common Council 278 To issue summons in street opening cases 730 Notice of appeal to be filed with 741 To make return on appeal 742 To transmit to Council certified copy of verdict 744 Treasurer's certificate of award to be filed with 745 CLERKS AND ASSISTANTS. xVppointment and discharge of 6 ^ COAL AND COKE. Power to designate places for sale of 1~* Power to regulate the inspection of H° COCK PITS. Power of police relative to 554 COMBUSTIBLE ARTICLES. Power to regulate, etc., storage of 132 COMMISSIONERS OF SINKING FUND. (See Sinking Fund.) COMMITTEES. Of Council, how appointed 11& Chairman of may administer oaths 1 1(i May issue subpoenas, etc * ' G Loan, how constituted "06 COMMON COUNCIL. When to declare result of special elections 30 Members of, accepting bribes 4h Removal of elective officers 5 * Removal of appointive officers ** Suspension of officers ™ When to declare vacancies •*" When resignations made to °' Filling vacancy in appointive offices °8 Filling vacancy in elective offices & 9> 60" May prescribe official bonds and conditions 61 May require new official bonds " 4 INDEX. 19 •COMMON COUNCIL— Continued. Section General powers of, relative to assistants and clerks 68 May prescribe additional duties of officers 82 Members of may administer oaths 83 May order removal of unsafe buildings 85 May require annual reports and estimates from officers and Boards 88, 204 How constituted 89, 97 Nominations by Mayor to be confirmed by 96 Quorum of 97 President of, how elected 98 President pro tempore, how elected 98 First meeting of, how called 98 Regular sessions of '. 99 Special sessions of, how called 100 What may be considered at special meeting of 100 Proceedings on Mayor's veto 103 Record of proceedings to be kept 104, 105 Certificate of presentation of proceedings to Mayor 104 General record of, how kept 105 May publish proceedings of 106 Ordinances and resolutions of to be published 106 Limitation of expense of publishing proceedings etc. in foreign languages 106 Style of ordinances 107 Meetings and records of, to be open to public 108 Right of petition to 109 To be judge of election and qualification of its own members 110 Salary of members of 1 10 May adopt rules etc • 110 To have control of all finances and corporation property Ill Ordinances etc. how passed 112, 202 Resolution or ordinance requiring expenditure of money not to be passed at sessions at which introduced 112, 202 Aldermen not to vote on question in which he is interested 113 Appointments to and removal from office how made 114 Committees of, how appointed 115 Powers of chairman of committees 116 General powers of, relative to appointment, and salary of officers 118 General powers of, relative to election of officers 118 General powers of, relative to removal of officers 118 General powers of, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131. 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151 Power of, relative to burial of strangers 141 Power of, relative to registration of birihs and deaths 141 Power of , to provide for imprisonment for violation of provisions of charter or ordi- nances 142 May authorize Mayor to grant, issue and revoke licenses 143 May provide for perpetuation of evidence of title 144 May provide by ordinance for construction and repair of sidewalks by property own- ers, etc 145 May order construction and repair of sidewalks and assess expenses to abutting property 145 May designate material for sidewalks 145 May provide for refunding taxes illegally assessed or collected 146 May fix and regulate fees of jurors and witnesses 147 .May call public meetings of citizens 147 INDEX. COMMON COl N< II Continued. Section M.i\ enact ovdinant e: . to cai ry oui powers conferred 147 Maj provide for re -assessment to supply deficiencies 148 May vacate illegal assessments and order new special assessments 149 May order sew ers built through private property 150 May older unjust taxes refunded out cif contingent fund 151 Shall have power to unite with Canadian authorities to build and maintain bridge or tun- nel across Detroit River 152 Property owners may appeal to, from assessment of property 168 Power to consider and revise assessment rolls 168, 169 Shall have power to levy, assess and collect taxes not exceeding one per cent of the as- sessed value of real and personal property 184 May levy taxes for district road fund 185 May levy taxes for sewer fund 186 May levy taxes for interest and sinking funds 18" Shall not provide for grading, paving etc. at a cost exceeding $200,000 in any one year 188 May issue bonds for Sewer and Building Funds 189 Denomination of bonds to be issued by 189 Form of endorsement on bond 189 May direct work to be done by Board of Public Works.. 191 Cannot issue evidences of debt except as provided 192 May issue new bonds etc. for refunding of old bonds 192 May authorize Controller to borrow money for temporary purposes 193 Shall incur no expenses and create no liabilities contrary to provisions of charter 196 Shall not create liability against any fund when exhausted 200 May require statements and estimates in detail from officers and boards of the corporation 204 May contract with banks for safe keeping of money 205 To cause assessments for paving to be made 215 Shall confirm assessment roll 219 May order cost of paving intersection to be paid out of General Road Fund 220 May make ordinance for paving or improving alleys 221 Power to levy taxes for entertainment fund 222 Legal acts of, confirmed 223 Power to issue paving bonds ~21 Shall create street paving sinking fund 227 May order election to fill vacancy in Recorder's Court 232 May inspect books and records of Recorder's Court 243- May prescribe punishment for violation of ordinances 25i May direct establishment of lighting fund 28i Power to adopt ordinances relative to publie lighting 294 Shall provide offices etc. for Law Department 296 May provide for assistants, clerks and subordinates for Law Department 296 Shall appoint members of Board of Public Works, fix salary, and approve bond of same.. 309 May direct Board of Public Works to perform other duties than fixed by charter 323 May issue public sewer bonds 3".9fl May levy taxes for Fire Department °52 ■ May inspect books and accounts of Fire Department 353 May extend fire limits *""* 21 COMMON COUNCIL— Continued. Section May levy taxes for expenses of Health Board 378, 393 May make ordinances to enforce rules of Park Board 429 May levy taxes to maintain parks etc 431 May issue bonds for improving Boulevard 454 Mav borrow money and issue bonds for Belle Isle Park 455 Shall hare power to extend public lighting over parks and boulevards 460 Shall levy taxes for school expenses 488 Limitation of school tax 4 °° May levy taxes for school buildings or issue bonds in lieu thereof 489 May issue bonds for enlarging Library Building 502 May raise money by taxation for enlarging Library Building 503 Shall levy taxes for estimates of Police Department 572 Petitions for pensions to be presented to , 588 Shall order election to fill vacancy in office of Police Justice 643 To provide court room for Police Court 649 Shall provide for maintenance of Police Court 650 Shall appoint persons to register births and deaths 688 May change rules of Gas Commissioners 701 May order opening, etc., of streets and alleys " d6 Necessity for street opening to be declared by resolution of I'Ti COMPENSATION. Fees not to be taken as . 69 Of Aldermen no Of officers, powers of Council relative thereto 118 Of Hack drivers I 38 Of weighers and measurers 140 Of Recorder 233 For land taken by Water Commissioners 522 Of property clerk of police 546 Of policemen 549 Of special policemen 556, 55i Of officers conveying prisoners to House of Correction 604, 606 For maintenance of state prisoners in House of Correction 605 In cases of opening streets and alleys, how paid TS9, 745, 766 Awarded by jury in street opening cases "37, 758 How awarded when there is mortgage ' 3 ~ COMPLAINTS. Proceedings against persons licensed °4 In ordinance c ases, how made ~19 COMPLAINT BOOK. Of Metropolitan police, what to be entered in 559 CONCERTS. Power to prevent, regulate or license 13" CONSTABLES. When elected term of office of 36 1 1 w suspended or removed 53 Official bond of 63 INDEX. CONTINGENT FUND. Section Illegal taxes to be refunded out of 1* 6 > 151 For \\ hat purpose raised ' I,, be raised by tax 184 Money from tiquor tax in, when to be transferred ~ m CONTRACTS. Pel sons interested In ineligible to certain offices 46 Officers becoming interested in 4( Sureties on, Council to examine Claims on, to be accompanied by affidavits, etc. 86 Actions on, when barred For public works, not to be let until approved by Council 190 For removal of garbage ' J " To be let to lowest bidder, when amount exceeds $21)0 191 Not to be let to defaulters and others "" For public lighting 19 ° No additional allowances to be made on 19' To be void when officers are interested in 2 °1 Paving, cost to be assessed, how *" Paving, to be completed when **" Bidding on for work, and assessment districts 216 Water Commissioners not to be interested in 529 For imprisonment of criminals in House of Correction 602 Of inspectors of State Prison, relative to criminals , 605 CONTROLLER. How appointed • Al To nominate deputy *" How removed 5 * Bond of 61 Duties and powers of ' " To make schedule annually of approved accounts 76 To advise Council when any fund is exhausted 76 To have general supervision of finances of corporation ^6 To open and keep accounts with the treasurer 77 To keep a list of city property 77 May administer oaths and take acknowledgment of deeds 83 To make annual estimates of needed taxes 15° To keep record of public sewer bonds 160, 3^9c To execute deeds on tax sales 173, 178 When to bid in property for benefit of the corporation 179 Duties of, relative to public improvement bonds etc 189 To keep record of new bonds issued to refund old bonds 194 To keep record of cancelled bonds 195 No money to be paid out except upon warrant by To make a full, complete and detailed statement to Council each year May require statements from officers and boards of the corporation To be a member of committee to negotiate loans 198 203 204 206 INDEX. 23 ■CONTROLLER— Continued. Section To be a member of sinking fund board 210 To draw warrants on sinking fund 212 To inspect books, etc., of fire commissioners 353 To keep register of retired fireman 369 To keep record of pensions 370 To submit estimates for relief fund 371 To draw warrants for pensions 372 May inspect books, etc. , of fire commissioners 353 To inspect books, etc., of park commissioners 435 Shall keep records of public library bonds 502 To submit estimates of expenses of police 562 To inspect books etc. of Police Commissioners 564 To make estimates for police pensions 587 To report police justice bond to Council and Board of Education 595 •CONVEYANCES. (See Deed*.) Upon tax sales, Controller to execute 173, 178 To the corporation, how executed 179 May be recorded 179 When to be evidence of regularity 173, 180 CONVICTIONS. Clerk of Recorder's Court to report number of 273 CORPORATION OF THE "CITY OF DETROIT." Name, powers and seal of 1 Legislative and administrative departments 2 Controller to keep list of property of 77 Council to have control of property of Ill Council to purchase real estate and to erect buildings for 129 Faith and property of, pledged for payment of debts 213 Embezzlement of property of by officers of 214 To own all property controlled by Fire Department 344 OOSTS AND EXPENSES. Of officers, Council to have power to regulate 118 Incurred in prosecution, when city liable for 254 Of trials of policemen for misconduct 550 Of Police Court 650 Security for, in Police Court 654 In Justices' Courts 682 When may be waived in Justices' Courts 682 COUNSELOR. How appointed, term of office of 37, 29 1 To be a practicing attorney of five years standing 29< To give bonds 298 Salary of 29! * 24 INDEX. COUNSELOR— Continued. Section To be head of Department of Law 300 Shall conduct suits bj or against the city 300 Shall furnish written opinions when required 301 Shall a p point assistants, etc 302 Shall deliver books, etc., to successor 303 Shall make annual reports 304 Shall notify Council of pendency of suits 307 May appeal causes 307 COUNTY CLERK. To re purl marriages to Health Board 388 COUNTY OFFICES. Aldermen not eligible to 45 COUNTY SUPERINTENDENTS OF POOR. Poor Commissioners of Detroit to be 412, 413 CROSSWALKS. Engineer to make assessments for '9 Expenses of, how paid 121 Power to clean, etc 1*2 Board of Public Works may build when ordered 191 Expenses for construction and repairs to be paid out of General Road Fund 220 Board of Public Works to superintend construction of 31 1 CULVERTS. Power of Council to construct I*-" Board of Public Works to superintend construction of 31 1 DAMAGES. For opening- ditches, how assessed "» For defective sidewalks, when property owners liable "5 For sewers and drains through private property, to be paid from Sewer Fund 150 For opening, widening, etc., streets and alleys, how paid 729, 745 For private property taken for public use, how ascertained and awarded 737, 738, 758 Assessed upon property to become a lien '40 When to be tendered or deposited ' ** On payment of, Council may take possession of land '45 Benefit to be set off against in opening of streets, etc 7»« DANGEROUS WALLS AND BUILDINGS. Council may order torn down °" Must be made safe or torn down *** Building inspectors may order taken down "" 25 DEATHS. (See Births and Deaths.) Section Of electors, proceedings of Board of Registration relative to 19 56 Of officers, to vacate office " Power to provide for registration of 141 > DEBTS. Of the corporation, Controller to keep list of •' Of the corporation, power to make appropriations to pay 14 ' Of city, not to exceed 2 per cent of assessed value 18 - No evidences of debt to be issued not authorized by charter 19- 195 196 Bonds refunded to be recancelled Unlawful bonds not to be paid DEEDS AND CONVEYANCES. Controller may take acknowledgment of ^ Of land sold for taxes 178 Acknowledgment of 179 To the corporation . . 437 To Boulevard Commissioners DEFAUETERS. „-, -13 W ho are Ineligible to office Office held by, to be declared vacant 4d Contracts not to be let to 191 DEPOTS. Power of Council relative to conduct at 1~ 4 DEPUTV CONTROLLER. (See Controller.) How appointed, powers and duties of. 37 DETROIT'JUIVER. Power to preserve purity of water of "' Power of Council relative to 119 > 134 > 152 Bridge over .119, 152 DICK. (See Gaines.) Power to suppress gaining with 13 ' DIRT. loo In streets, etc DISABLED FIREMEN. (See Firemen.) DISEASES. Power to prevent introduction, etc., of 26 INDEX. DISORDERLY ASSEMBLAGES. Section Power to suppress 1^3 DISORDERLY HOUSES. Power to suppress '35 DISORDERLY PERSONS. Pow er to punish 135 Who to be deemed "'" Proceedings against °*4 May be sent to House of Correction 675 Poor Commission to aid families of, when 616 DISTILLERIES. Power to prevent erection of in certain limits 132 DISTRICT BOARDS OF REGISTRATION. (See Registration, Elections, Election Law.) How constituted and appointed H Duties of, etc., registering names *» To correct registers " Vacancies in DISTRICT ROAD FUND. (See Taxes.) Estimates to be submitted 155 Power to raise and purpose of 1™ To be raised by tax. limitation of amount 185 Surplus not to be transferred to Sinking Fund 208 DITCHES. 12ft Proceedings to open 1 " , ° DOCKS. (See Wharves.) DOGS. Running at large, muzzling of 1 *° DOORS. Exit in public buildings, to swing outward ' 1"* DRAINS. Lateral, assessment rolls for, how made ' " Private, running into public sewers 1~" For low lands 128 Power to build, or to compel building of, and to regulate constructioi of 181 Power to assess expense of building Power to construct through private lands I 5 " DRAYMEN. Power to license, regulate, etc lde INDEX. 27 DRINKING FOUNTAINS. Section Board of Public Works to have charge of 319 ELECTIONS. (See Registration, Inspector of Elections, Special Elections, Election Laws.) Annual, when held 18 Notice of, how given ... 18 Places of holding 18 Use of liquors where elections are held 18, 816 Common Council to designate places of holding (but see Election Laws) 18 Inspectors of, may change polling place, when 18, 815 Inspectors of, how elected 19, 777 Vacancies in Board of Inspectors of 19, 777 Manner of electing Inspectors ; 20, 777 Chairman of Board, how appointed 21 Clerks of, how appointed 21, 778 Opening and closing of polls 23, 780, 822 Women may vote, when 24 Challenging vote, proceedings on 25, 798, 799, 800 Voting more than once, punishment for 27 Manner of conducting 28 School Inspectors to be on separate ticket 28 Canvass and return of ballots 29, 811, 812, 813 Separate poll lists for women 28 Poll lists to be delivered to City Clerk 29 Special, how conducted 30 Plurality to elect 31 If to fill vacancy, ballot to state what 32 In case of tie vote 33 For state and county officers 34 Exempt from civil arrest on 35 ELECTION DISTRICTS. (See Election Laws.) How constituted 5 At least three in each ward 5 Must be of convenient size, limitation of voters in 5, 779 Inspectors in, how appointed 19, 776, 777 ELECTION LAWS. Who to be inspectors of elections, number of 776 Candidates not to be inspectors 7 76 Vacancies in Board of Inspectors, how filled 777 Clerks of election, how appointed 778 Election districts, how limited and constituted 779 Opening and closing of polls 780, 882 Ballot boxes, how provided and kept 781 Election seal, how provided . 781 INDEX. 1 1 E< HON LAWS Continued. Section Ballot boxes to be examined before opening the polls 782 Who to be chairman Of Inspection Hoard 783 Board of Election Commissioners, how constituted and duties of 784, 785 Stale committees of political parties to furnish vignette, etc 786, 787 I'mlI copy of ballot to be filed with County Clerk 786 Proof copy of ballot, with vignette and heading, to be filed with Secretary of State 787 Constitutional amendments to be certified by Secretary of State 788 Printing of names on ballot, etc, form of 789 Constitutional amendments, how printed 789 Position of tickets on ballot 789 Si/e and quality of ballots 789 Arrangement of ballots to conform to printed form 789 Pasters to be provided upon death, removal, etc., of candidate 790 When name may be printed in 790 Unlawful to use other than official ballot 791 Candidates may procure fac similes to be printed on red, yellow or blue paper for pur- poses of instruction 791 Number of ballots to be provided 792 Ballots, stamps, etc., how paid for 792 Constitutional amendments, how voted on ' 793 Duty of chairman of Inspectors to procure ballots 794 Ballots for voting precincts, how put up and sealed, etc 794 When packages of ballots for voting districts to be opened 794, 795 When Election Commissioners shall send ballots to voting- districts 795 Voting- room or booths to be provided with railing, gates, etc 796 Entrance to be in charge of gate keeper 79fi Who allowed inside of railing in voting booths 796 How ballots, opened, marked and delivered to electors 797 Rights and powers of challengers 798 Challengers to have privilege of remaining during counting of votes 798 Challenge of voters, how made 799 Form of oath of voter, when challenged 799 False oath of voter to be Der jury 799 Dutv of Inspector to challenge 800 Manner of voting, marking of ballots, etc 8 n l When two or more persons elected to the same office, how ballots marked ' 801 I low to vote for candidates not on ticket 801 How to vote for candidates not on ballot , 801 How to fold ballot, etc S01 Cannot vote if ballot exposed 801 Poll lists to be compared ' 802 Method of locking and sealing ballot boxes 803 Who to take the keys of boxes 802 Opening of boxes after intermission 80) Who to distribute ballots 805 Secretary of State shall furnish printed instructions to voters 806 Printed instructions to voters to be hung in each voting compartment 806 Instructions to voters to be printed in foreign language 806 INDEX. 29 ELECTION LAWS— Continued. Section Voting by incapable persons, how dene 807 Unlawful to influence voter ; 808 Spoiled ballot, voting for more than one person 809 Inspection Board to preserve unused ballots 810 Canvass of votes, how conducted 81 1 Manner of counting votes 811 What ballots to be void 811 Disposition of ballots, boxes, etc 812 Result of canvass to be publicly declared 813 Statement of result to be made in duplicate and signed 813 Powers and duties of gate keepers S14 Penalty for interfering with gate-keepers S14 Gate-keepers not to assist electors 814 Candidates not to be gatekeepers 814 Gate-keepers to receive two dollars per day 814 Elections not to be held in saloons 815 Wher polling places ma}' be changed by inspectors 815 How notice of change given 815 Penalty of bringing liquors into voting booths 816 Length of time voter may remain in booth 817 Unlawf nl for candidate to furnish monev or entertainment to electors 818 Candidates must make and file sworn statement of expenses 819 Violation of election laws to be a felony 820 Penalty for violation of election laws S20 ELECTORS. (See Election Laws, Elections.) Sick or absent 12, [5 Must make personal application for registration 12, 13 Qualifications of 24 When women may vote '. 24 Challenging vote of 25, 798, 799, 800 Punishment for false sweai ing 2ti, 799 Xot subject to arrest on civil process on election day 35 ELEVATORS, How must be constructed 713, 714 EMBEZZLEMENT. Of public property by officers 214 ENCROACHMENTS. On street-, and alleys, power to prohibit 127 ENGINEER. (See City Engineer.) ENGINE-HOUSES. Fire Commissioners to tun struct, maintain and have control of 337, 338 IN HEX. 1 \ i . I \ I Section. Fire Commissioners to provide and have control of 337, 338 Fire, to have right of way to fire 343 ENGLISH 1 VNGUAGE. Officers must be able to read and write 44 Jurors in street opening cases must be able to read and write 733 ENTERTAINMENT FUND. Limitation of, how raised 222 ESTIMATES. Council may order officers to make 88, ~04 Controller to make annual 155 Council may alter or revise 155 Not to exceed taxes authorized by charter 155 Council shall adopt on or before April 5th 155 To be finally adopted by April 15th 15S Council shall cause final estimates, to be levied by tax 159' Must be approved by Board of Estimates 159 ES I 1 MATES, BOARD OF. How elected and constituted 156 Clerk to give notice of election of 15b Ex-officio members of 15i Qualifications of members of 15' Oath of office of 157 Compensation and officers of 15' City Clerk to be secretary of 15' Annual meeting of, when held 15 ■ Adjournments of, meetings of 157 Cannot adjourn later than April 15th 157 May inspect books and papers of officers and boards 15" Estimates of amounts of money necessary to be raised to be submitted to 153 When estimates to be submitted to 158 Mav disapprove or cut down estimates submitted 158 Other powers and duties of 158, 159 Votes of to be recorded by yeas and nays 159 Shall make statement of all estimates approved - 159 Shall transmit approved estimates to Common Council 159 EVIDENCE. Of title, power to provide for perpetuation 144 Of regularity of proceedings, certain conveyances to be l'« Of regularity, assessment rolls, etc., to be 180- Of right to enter and possess land, when treasurer's certificate to be 745 EXECUTIONS. When to issue on judgment on recognizances 241 INDEX. 31 -EXEMPTIONS. Section. Of firemen from military and jury duty 345 Of policemen from arrest and jury duties 588 EXHIBITIONS. Indecent, power to prevent. 123 Power to license and regulate 139 EXPENSES. (See Costs and Expenses.) EXPLOSIVE SUBSTANCES. Power to prevent manufacture of and to regulate storage of 132 EXPRESS COMPANIES, Power to regulate runners, agents, etc., of 124 EXPULSION. Of officers from office 53 From office, vacates office 56 FACTORIES. Power of Council over starch, soap, glue, etc 132 FAST DRIVING. In streets, power to prevent 122 FEES. (See Compensation.) To be paid to Treasurer 69 Officers to make report of to Controller 69 Not to be taken as compensation 69 Officers not to take for administering oath 83 Of officers, power of Council to regulate 118 Of jurors and witnesses 14V, 747, 767 Of stenographer of Recorder's Court 274 FEMALES. When to be sentenced to House of Correction C05, 607, 616 Transfer of in State Prison to House of Correction „ 613 Not more than 15 years old may be sent to House of Correction until 21 years of age 629 Under 15 years of age may be sent to the House of Shelter 620 Sentence under 15 years of age 631 May be discharged when under 15 years of age 632 F ENCES. I ns.ife, barbed wire, etc., Council may order removed 85 Power l" remove when encroaching on streets 127 Partition, power to regulate construction of 133 Sale of, in street opening eases 746, 773 I I.IMMl.-. I cil may license and control 119 i\i>i<:\. I [NAN< ES. Section Controller to take general supervision of 76- Common Council to have control of Ill Controller to give information to council respecting- 208 FINES AND PENALTIES. (See Misdemeanors.) Power to impose 142 Duty of City Attorney relative to 252 Clerk of Recorder's Ccrtfrt to make report of 252, 273 Imposed on defaulting; jurors 268- Fire Commissioners may sue for 346- For refusing to serve as School Inspectors 479 Persons may be committed in default of payment of 658 Imposed in Police Court to be paid to Treasurer 662 FIRE-ARMS AND FIRE- WORKS. Power to prohibit or regulate use of 123- FIRES. Power to provide for prevention of , 122 General regulations and safe guards 132 Powers of officers at 133 Fire Commissioners to have exclusive power to extinguish 336 Fire engines to have right of way to and back 343 Fire Commissioners may sue for tines imposed for prevention of 346 Fire Marshal to repair to 356 Marshal to investigate and report causes of 360 FIRE COMMISSIONERS, BOARD OF, How appointed 37, 331 How removed 332 Qualifications of members of 333 How organized 334 Powers and name of 33& To perform all duties for the maintenance of Fire Department and to have exclusive con- trol of extinguishment of fires 336 To provide all necessarv apparatus 337 To have control of all property pertaining to Fire Department 338 Office of, how vacated 339 To make annual estimates to Council 340 Moneys of, how paid 341 To furnish offices, etc 342 Shall appoint chief, assistant engineers, etc., and fix salaries of the same 342 Not to be more than twelve men to each engine or hook and ladder company 342 Fire Department to have right of way to fires 343 All fire apparatus, implements, tools, etc., to lie tranf erred to 344 To receive no compensation 345 Eegal rights and powers of *..... 346 May have common seal and maintain suits for enforcement of its rights and contracts... 346 INDEX. 33 FIRE COMMISSIONERS, BOARD OF— Continued. Section All cisterns and hydrants to be transferred to 347 May send fire engines to other eommunities 347 May adopt rules and regulations, and enforce the same 350 Shall make annual reports to the Common Council 351 Books of, open to inspection 353 May appoint Fire Marshal and assistants by and with the consent of the Council 355 Duties of Fire Marshal . 356 May purchase property for the use and benefit of the Board 357 May institute condemnation proceedings of private property 355 Powers of, relative to erection of buildings 353 May issue permits and charge fees for the same 353 Powers and duties of Fire Marshal relative to erection of buildings 359 Fire Marshal to examine into origin of fires 3(50 Fire Marshal to inspect shops, warehouses, etc 3gj Common Council may extend fire limits 3go May enforce certain ordinances, and call upon police to assist 363 Monthly and other reports of 3g4 Reports of Fire Marshal 3gs May place certain firemen on retired list 357 Limitation of salaries of retired firemen 307 Provisions relative to pensions to families of firemen killed 368 To report names of retired firemen to Controller 369 Shall keep list of retired firemen, etc 37O Council shall levy tax for payment of pensions 371 Establishment of Fire Department Retired and Pension Fund 371 Payment of pensions, how made 372 Pensions, pensioners to take oath 373 Time of payment of pension 374 FIREMEN. Retirement of aged and disabled 307 Salaries of aged and disabled 3g7 Limitation of salary to og~ Pensions to families of firemen killed 3gg Names on retired list to be reported to Controller 3g9 Controller to register names of disabled 309 Commissioners to keep lists of retired firemen 37Q Pensions to, how paid ■>-..> Pensioners to take oath 3-3 Pensioners, when paid 374 FIRE COMMISSIONERS FUND. Power to raise 103 340 How constituted I low paid out 3 40> 341 FIRE DEPARTMENT FUND. Estimates for jgjj For what purpose raised 133 Power to raise by tax jg^ 34 INDEX I IK K ESCAPES. Section Certain buildines to be pro\ ided with 714 FIRE LIMITS. Power of Council to fix 122, W~ FIRE MARSH VL. How appointed, term and salary of 355 in be vested with police powers ■'>.">."> Other powers and duties 350, 357, 358, 359, 860, 361 Keports of 365 FISCAL YEAR. When shall end 803 I [SH. Power to prevent sale of unsound 1313 Power to inspect, and license, and regulate sale of 140 FLOUR. Power to inspect 140 FORESTALLING. Power to prohibit 1~9 FOREIGN LANGUAGES. Public printing in, limited in price and amount 106 FOUNDRIES. Power to regulate construction and management of 132 FREEMEN'S MEETINGS. (See Meetings.) FUNDS. (See Sinking Fund.) Controller to report when exhausted 76 Treasurer to keep separate accounts with 78 Revenues divided into, what 183 General purposes of 183 Contingent, purpose of 183 Interest, purpose of 183 Sinking, purpose of 1S:J Fire Commission, purpose of 183 Poor, purpose of 183 General Road, purpose of 183 District Road, purpose of 183 Sewer, purpose of , 183 Street Opening, purpose of 183 Street Paving, purpose of 183 INDEX. 35. FUNDS— Continued. Section* Public Building, purpose of 183 Recorder's Court, purpose of 183 Public Lighting, purpose of 183 Garbage, purpose of 183 Power of Council to establish others 183 Limitation of percentage of tax for 184 Power to raise additional, for special purposes 187 Not to be overdrawn 19V Council shall not create liability against, greater than amount raised for in each year 200 Surplus in, how disposed of .. . 208 Moneys in not to be transferred from one to another 209 Liquor taxes, how disposed of 209 May be subdivided by Controller 209 GAMES, GAMING, GAMING HOUSES. Power to suppress 13" Power of police relative to 554 GAS AND GAS COMMISSIONERS. Council may appoint Commissioners, term of office of 695 Powers of Commissioners 696 May appoint Secretary and other officers 697 Members of Board, how removed 698 Members of, not to be interested in contracts 699 May construct gas works, purchase lands and materials for the same 700 May lay pipes, make rules and regulations, fix the price of gas, etc 701 May make surveys of and purchase land 702 When may condemn lands 703 May purchase works of existing company 704 Estimates of to be submitted to Common Council 705 Board of Estimates to determine how money for gas works shall be raised 705 When Commissioners may issue bonds 706 All moneys raised from said bonds to be paid to City Treasurer 707 Limitation of debts to be contracted 708 Question of issuance of bonds to be submitted to electors 709 GAS INSPECTORS. How appointed 38 GAUGEKS. Power to appoint, etc 140 GARBAGE. Council mav contract for removal of 184 GEESE. Power to prohibit running at large 125 36 INDEX. Gl \ I RAJ FUND. Section Estimates Cor 155 For \vh;it purpose raised 183 Power i" raise by tax lKt What moneys may be credited to 207 GI \KK.\I, ROAD FUND. Estimates for 165 For what purpose raised 183 Power to raise by tax 184 Costs of intersections to be paid out of 317 Grading and paving intersections to be paid out of 120 GERMAN LANGUAGE. Council may order notices of tax, be published in 172 GLUE FACTORY. Power to abate 130 Power to prohibit 132 GOATS. Power to prevent running at large 125 GOODS. Power to prevent crying of in streets 133 GRADING. (See Highways, Streets.) GROCERIES. Power to compel owner to clean 130 Power to license keepers of 138 GROSS DEBT OF CITY. Amount of, limited 189 HABEAS CORPUS. Recorder may grant writ of 244 Circuit Court Commissioners shall not grant writs of 624 Who may grant writs of 625 When persons shall not be released from custody by 626 What courts may inquire into on 626 HACKMEN. Power to regulate and license 124, 138 HACKS. (See Vehicles.) index. 37 HALLS. Section Inspection of "14 Exit doors of, to swing- outward 715 Chairs not to be placed in aisles 715 HARBOR MASTERS. How appointed 119 Powers and duties of 119 Police Commissioners may appoint 548 HAWKERS. Power to license and regulate 139 HAY. Power to designate and regulate places for sale of 124 Power to inspect 140 HEADING. Power to inspect 140 HEALTH. (See Board of.) Power to provide for preservation of 130 Public, duty of police relative to 548 HEARTHS. Power to regulate construction of 133 HIGHWAYS. (See Streets, Opening Streets and Alleys.) Power to grade, improve, pave, open, widen, repair, ete 121 Expenses of same, how paid 121 Power to clean, prevent encumbering of, etc 122 Power to survey and ascertain boundaries of 127 Council may levy tax for paving, grading, etc 188 Power to clean, etc., by contract 319 Board of Public Works to superintend working of 319 HIGHWAY TAXES. (See Taxes, Road Fund.) Power to assess and levy 183 HOGS. Power to restrain running at large 125 HOISTWAYS. How to be constructed 714 HORSES. Power to compel fastening in streets 122 Power to restrain running at large 125 38 HOSPITAL. Section Power to maintain 189 HO ll'.I.. Pow er to regulate runners of and to license 188 Inspection of 71$ HOWELL PLANK ROAD. (See Plank Road Companies.) HOUSE OF CORRECTION. Inspectors <>f, how appointed 37, 590 Power to maintain 129 Hoard of certain prisoners, how paid 254 General laws of State relative to safe keeping of prisoners, applicable to 256 Purpose of 595 Inspectors of, how appointed 596 Officers of, how appointed 597 Superintendent, salary of .• 597 Meetings of Board of Inspectors of 598 Records of, open to inspection 598 Records, how kept 599 Accounts, statements and reports of 599 Powers and duties of superintendent and deputy superintendent 601 May contract for keeping criminals 60'2 Duty of certain courts to sentence criminals to 603 Sheriff to convey certain convicts to 604 Fees of sheriffs and officers in conveying convicts to 604, 606 State Prison Inspectors may contract with 605 Compensation for maintenance of prisoners 605, 617 When females may be sent to 607, 616, 617 Expenses of maintaining, how provided 608 May contract with Wayne County to keep prisoners 610 Courts and Magistrates in Wayne County to sentence to, when 610 . Officers of Wayne County to convey prisoners to 610 Police and other Magistrates to commit to, when 611 Punishment for escape from 612 Transfer of females from State Prison 693 Superintendent to keep record of infractions of rules, etc 614 Claims for board of prisoners, how adjusted 615 Duty of Superintendent of, to receive convicted females B 16, 617 Persons may be committed to, in default of bail 618 Persons sentenced to, by the United States Courts 619 General laws relative to State Prison to apply to 620 Prisoners from other States, etc., not to be confined in 622 Free labor not to be employed in 623 Common prostitutes may be confined in 627 Inspectors of, may make rules for condition of release or discharge of females from 625 Girls under 16 may be sent to 629, 630, 631, 632 Girls under 15 may be sent to House of Shelter 630 Superintendent shall make annual report to Governor 633 INDEX. 39 HOUSE OF CORRECTION— Continued. Section Forms of commitment to 1334 Prisoners may be transferred to, from jail, when 635, 636 Persons may be sent to, first offense 631 Persons convicted of violations of village ordinances may be sent to 638- Inspectors of, may contract with the United States 640 Disorderly persons may be confined in 641 HOUSE OF CORRECTION BOARD OF INSPECTORS How appointed and term of office of 37, 596 May adopt rules, appoint Superintendent and other officers 597 Cannot appropriate money except for expenses 597 Shall serve without compensation 598 Meetings of 598 Shall meet once in three months at House of Correction 598 May make rulrs relative to women confined in House of Correction 628 May contract with the United States 640 HOUSE OF CORRECTION, SUPERINTENDENT OF, Bond of 61 How appointed, term of office of 597 To appoint subordinate officers 597 To have control of and reside at Hon: e of Correction 601 Power of deputies 601 To keep record of infractions of the rules of discipline 614 To receive persons committed to House of Correction 616, 617, 618, 619, 629 To make annual report to Governor 630 HOUSES OK ILL-FAME. Power to suppress keepers of 135 Power of police relative to '. 554 HOUSE OF SHELTER. Girls under 15 to be confined in 630 HUCKSTERS. Power to license, regulate or suppress 139 HYDRANTS. Fire Commissioners to provide 337 Transferred to Fire Commissioners 347 ICE AND SNOW. Power to compel cleaning sidewalks of 122 IMPEACHMENT. Of Recorder 5? I" IMPRISONMENT. Section For violation >>t charter or ordinances M*i 255 INDECENT EXPOSURE. Of persons, paintings, etc 1~» At bathing places 1^4 INDICTMENT. Power to prosecute bv 239 INFORMATIONS. Power to prosecute by 240 Form of <•"" INSPECTION. Of bread, wood, lumber, coal, hay, vegetables, oils, liquors, etc 140 Of weights and measures by city sealer 140 Articles going out of State not subject to, 140 Of buildings 548 > ' ri3 INSPECTORS. Power to appoint and prescribe duties of 140 INSPECTORS OF ELECTION, BOARD OF (See Election Laws.) Board of Registration, ex-officio 21 Vacancy in office of chairman of 21 Other vacancies, how filled - 21, 1 17 May administer oaths ■ 22, 25, 1 99 May appoint clerks, etc 21, 1 18 Ballot boxes to be furnished to 22, 782 May administer oaths to persons challenged 25, 1 99 To certify returns of election 29, 813 One of to be member of Board of City Canvassers * 9 INSPECTION OF BUILDINGS. (See Buildings, Building Inspectors.) INTELLIGENCE OFFICE. Power to license and require bond 1~~ INTEREST On unpaid taxes 1'" On redemption from tax sale 1'" On public moneys Council may contract for 205 On public moneys to be credited to Sinking Fund 205 On bonds issued by Board of Education 489 On bonds issued by Water Commissioners 508, 536, 537, 538, 539, 540 INDEX. 41 INTEREST FUND. For what purpose raised Power to raise by tax Power to raise tax for deficiency in . Section INTOXICATING LIQUORS. Power of Council relative to. JAIL. Power to build Power to imprison in *• General laws, relative to prisoners to aoply to prisoners in . Clerk of Recorder's Court to report number of sentences to. Police to convey prisoners to and from JURY COMMISSIONERS. (See Public Acts of 1893.) To furnish a list of persons to act as jurors in Recorder's Court To furnish a list of 300 names of persons to act as jurors in Police Court. JURY. 183 187 187 136 .... 129 142, 255 .... 256 .... 273 .... 575 260 663 To consider the necessity of drainage Council to fix fees, etc., in certain cases Right of trial by List of, to be filed in Recorder's Court Ballots, how folded, etc Old ballots to be destroyed Notice of drawing of, in Recorder's Court Judge and Sheriff to witness drawing Method of drawing Minutes of drawing to be made by clerk Venire facias, how issued Service of writ of venire facias, how made Fines for non-attendance of When Court may order further number drawn When Court may order talesmen How drawn, in cases of condemnation of Und by Park and Boulevard Commissioners.. . To determine necessity of taking lands, in Boulevard condemnation cases, and to award compensation for land taken Challenges of, in Boulevard condemnation cases Verdict of, in Boulevard cases To have use of maps, etc., in Boulevard cases Qualifications of, in street opening cases Drawing and challenge of in street opening cases ^ 35 , Oath, etc., of, in street opening cases '™> To determine necessity of opening streets, etcs '"'• Shall award damages in same ""• Form of verdict in same '""• Objections to report of and proceedings on '•' • Compensation of in street opening cases 17, 128 147 259 260 261 262 263 264 265 266 266 267 268 270 272 443 443 443 444 445 733 756 757 758 758 759 760 '6^ 42 INDEX. I'liV BOX. Section 1 low and what names to be put in 261 Old ballots in, to be destroyed 262 When and how many jurors to be drawn from 263 Names of defaulting jurors to. be returned to 269 Proceedings, when insufficient number of names remain in 270 JURY LISTS (SeePublic Vets 1898.) To be furnished to Recorder's Court by jury commissisonrs 260 To be furnished to Police Court by jury commissioners 663 JURY TRIAL. To be according to laws of the State 258 JUSTICES OF THE PEACE. (See Justice Courts of Detroit.) I'STICES COURTS OF DETROIT. May sentence to House of Correction 611 Election, term of office of, and powers of 36, 678 To be four justices 678 Jurisdiction and powers of 678 Wayne County Auditors to provide rooms and supplies for 679 Salary of Justices of 680 Hours of office of 680- Deputy clerks of, salaries, powers and duties of 681 List of Jurors to be kept 681 Costs in, limitation of 682 Costs in, when may be waived 682' When to have exclusive jurisdiction 683 Fees of Justices in 684 Service of summons 685- Jurisdiction of Justices in Wayne County 687 KITES. Power to prevent flying of 12£ LAMP POSTS. Board of Public Works to have charge of 319 LAMPS. Power to provide for erection of 122 Power to regulate use of in barns, etc 132 LARD. Power to regulate rendering of 132 Power to inspect 140 INDEX. 43 LAW DEPARTMENT. Section How constituted 296 Council shall provide offices, etc., for 296 City Counselor, how appointed 29 1 Term of office and qualifications of 297 Counselor and Attorney to give bonds 298 Salary of Counselor 299 Powers and duties of """ Counselor shall be the head of 300 Shall furnish opinions when required 301 Assistants, etc., how appointed and duties of 302 Books of, to be delivered to successors in office 803 Counselor shall make annual report 304 Officers and Boards not to employ attorneys 30o To give advice to officers and boards 305 Police Department to furnish detectives to 306 Papers and process to be delivered to Counselor 307 Counselor may appeal causes 30 1 , 308 City not required to furnish appeal bond, 308 LEASE. Of corporate property, Controller to report 76 Treasurer to have custody of '8 Of public property, power to make H> 120 LEGISLATIVE POWER. Of city vested in Common Council 89 LEVY. For personal taxes may be made upon personal property 171, 182 LIBRARY. Fines for refusing to act as School Inspectors go to use of 479 r'ower to maintain 486 Power to tax for • 486 Power to erect building for 487 Power to issue bonds for building 487 Moneys from sale of bonds to be paid to Treasurer of Board of Education 487 Power to issue bonds for enlarging library building >"'-' Proceeds of bonds to be paid to. City Treasurer 504 Same to be credited to Public Library Building fund 504 LICENSES. Mayor may suspend or revoke 84 May be countersigned by clerk 8< Of bath houses 134 l )f -ale of liquors ; 136 Of keepers of billiard tables and pin alleys 13 1 Of keepers of hotels, groceries, etc 138 Of auctioneers, peddlers, hawker-, butchers, hucksters, circuses, theatrical representa- tions, sellers "f provisions, etc 139 Genera] provisions relative to issuing 143 Police to collect all moneys due for 54° 4-1 inukx. I \i\s section Of assessments for paving, grading, etc 181 Of assessments fur abating nuisances 180 Of assessments for cleaning cellars, privies, etc., and for buildiag lateral sewers 131 Of assessments for building sidewalks 145 Of freneral taxes 147 Of assessments for water rates 513 Of assessments for opening streets, etc 740- LIGHTING OF STREETS. (Sec Public Lighting,) Council may regulate 1~'~ LIMITS OF CITY & LIMITS OF WARDS 4 LIQUORS. (See Wines and Liquors.) LIQUOR TAXES. When may be transferred from Contingent Fund 209' LISTS OF PROPERTY.- ' Assessors may demand of property owners 16ti I low demand made 166 LOANS. For public improvements 189' Unauthorized not to be made 192 To meet current expenses 193 Committee to negotiate, how composed 20b To be approved by Common Council 206- Faith and property of the city pledged to secure 213 May be made by Board of Education, when 494 Power of Water Commissioners to make 503, 536,537, 538. 539, 540 LOTTERIES. Power to suppress and punish managers of 137, 554 Power of police relative to 554 LUMBER. Power to inspect 140 MANURE. Lying in streets, power to dispose of 122 MAPS. Council may provide for preservation of 144 MARKET CLERK. 1 low appointed "" index. 45 Section MARKETS. Clerk of, how appointed ' °" Power to license keepers of stands of .... 138 Power to establish, regulate and lease stalls of 1*" MARSHAL AND ASSISTANT MARSHAL. Office of, abolished 596 MARSHES. Proceedings for drainage of **" MAYOR. When elected, term of office of 3b Nominations by must be confirmed by Council 3i, 96 May suspend or remove Constables •><*■ Vacancy in office of, how filled °™ Powers and duties of ' ^ Salary of ' Who to be acting ' ' May administer oaths °" May issue process against licensees and revoke licenses °4 May call special meetings of Council l^O May veto ordinances 1"1 Effect of neglect of, to approve ordinance 102 To sign sewer bonds I 3 " To nominate Board of Assessors 162 May execute deeds and conveyances, when 17» To be members of committee to negotiate loans 206 Members of Board of Commissioners of Sinking Fund 210 To preside at meetings of Sinking Fund Board 211 To appoint City Counselor 29 1 To nominate Board of Public Works 309 To nominate Fire Commissioners 331 To nominate Poor Commissioners 401 To nominate Park Commissioners ■ 423 To nominate School Inspectors to fill vacancy 4i8 To nominate Police Commissioners 51~ To nominate Inspectors of House of Correction "96 To be ex-officio President Boulevard Commissioners 466 May act as School Inspector 480 May inspect books of Fire Commissioners 353 May inspect books of Park Commissioners 435 May veto proceedings of Board of Education in certain cases 501 May inspect books, etc., of Police Commissioners 56 1 M EAL. Power to inspect '40 MEASURER. Power to appoint ' 4 *> 46 INDEX. M I VS1 RES. Section Powei to regulate 140 Power of police relative to 548 Unsound, power to prohibit depositing of in city 130 Unsound, power to, prohibit s:Ue of 138 Power to inspect 140 Power to regulate sale of 148 MEETINGS. Of Boird of Aldermen 99 Of Council to be public 108 Public, may be called by Council 147 Of Sinking Fund Commissioners '-ill Of Board of Education 481 Of Inspectors of I louse of Correction 598 MENAGERIES. Power to prohibit or license s 139 MENDICANTS. Power to restrain and punish 135 -METROPOLITAN POLICE. Commissioners, powers and duties of 541 Quorum of, of Commissioners 541 Commissioners, how appointed 542 Books, papers, documents, etc., to be transferred 542 Term of office of Commissioner 542 Vacancies, how filled 543 Commissioners to take oath of office 544 Power to appoint officers, to make rules, etc 545 President and Secretary, how appointed 54ti Compensation of Secretary 546 President of Board, ex-officio member of Board of 1 lealth 546 Board to have entire conlrol of police, etc 547 Duties of Board relative to preservation of the peace, sealing of weights, collection of license moneys, harbormaster, city scavengers, nuisances, fires, etc 548 Expenses of Board, in pursuit of criminals, how paid 548 Fugitives from justice, may be arrested by 548 Qualifications, removals, promotiens, compensation, etc., of police officers 549 Officers of, not to receive presents, etc 549 Officers of, not to be interested in bail or attornev 549 Complaints against and trial of officers , 550 Rewards, fees, etc , how disposed of 551 Disabled policemen, how cared for 552 Superintendent of, powers and duties 553 To serve subpoenas, etc 553 INDEX. 47 . / METROPOLITAN POLICE-Continued. Section Persons arrested by, not to be held more than six days 55a Duties of, relative to gaming houses, houses of prostitution, lotteries, etc 554 City shall be divided into precincts 555 Orders and regulations to be promulgated through Superintendent 555 Board may appoint special policemen 556, 557 Compensation of special oolicemen 556, 557 Resignations of policemen 558 Deposit and caie of stolen property 559 Unclaimed property, how disposed of 559 Board shall keep complaint books, etc 559 Shall keep records of members of police force 559 Shall provide station houses, for care of persons under arrest 560 Officers in charge of station to make reports of arrest 560 Shall provide accommodations for detained witnesses 560 Persons arrested by, entitled to give bail for appearance 560 Expense of criminal process to be a city charge 561 Board to submit annual estimates 562; Moneys from Police Fund to be paid only on warrants 563: \VI at expenses may be incurred by Board 564 Board shall enforce city ordinances 565 May issue subpoenas and administer oaths and compel attendance of witnesses 565 May require officers to give bonds and take oath of office 566 Superintendent shall make quarterly reports 567 Board to report to Common Council in April in each year 567 Members of Board and police force exempt from jury duty and from arrest on civil pro- cess while on duty 568 Personal violence to policemen while on duty to be a misdemeanor 569 Commissioners may be removed by Governor 570 Commissioner accepting nomination for office shall be deemed to vacate office 571 Council directed to levy taxes for police estimates 572 Powers and duties of Deputy Superintendent 573 Polieemen forbidden to enter saloons 574 Police to serve criminal process and to attend criminal courts 575 Office of Marshal abolished 576 Bail of persons committed to House of Correction 577 Prosecution of forfeited bail 577 Disorderly conduct, defined 579 Proceedings relative to burglar's tools 579 When persons bound Over to Recorder's Court 580 Bail for appearance 580, 581 Shall serve process of Police Court 648 MISDEMEANORS. Taking liquors into polling places 18, 816 Of Election Inspectors ~9 Bribery of Aldermen made 48 Refusal to deliver over books and papers 81, 123 Resisting Harbormaster 119- 18 INDEX MISDEMEANORS Continued. Section Erribe public property punished as 214 Injuring public lighting machinery 295 i;< i using right of w ay to firemen 343 Violation of rules of Board of Health, to be 383, 3S5, 38!» Sale nf impure milk to be 895, 899 Refusing inspection of milk to be 400 Polluting water :mcl injuring Water Works 5*0 Violence upon policemen or upon elector while attending polls or impersonating a police- man to be 5,i0 Officer obeying order of Circuit Court Commissioner, discharging a person on habeas corpus, to be "24 Violation of building inspection laws to be ' -~ MORTGAGES. Treasurer to be charged with amount of ' ' Treasurer to have custody of '" May be executed by Council for purchase money 129 Affected by opening streets, etc., how damages awarded : 737 \i USES. Disorderly, power to prohibit I" NOTARY PUBLIC. Aldermen may hold office of 45 NOTES. Treasurer to be charged with amount of * Of office, neglect to take, vacate office • Of office, Clerk to report persons neglecting to take ■ What officers may administer .... lib Chairman of committee may administer Informations and complaints to be verified by Of office, Fire Commissioners to take Of office, Water Commissioners to take 544 Of office, Police Commissioners to take • .... 56d Police Commissioners may administer 5bb Of office, policemen to take To be administered to sureties on recognizances , 64o Of office, Police Justice to take . . . bo* Clerk of Police Court may administer Of jurors in street opening cases ■OBSCENE PICTURES. , . u . , 123 Power to prohibit exhibition ot OBS l'Kl CTIOX. 122 In streets, etc., power to remove OFFENSES. . . . 249 Prosecutions for under charter -OFFICE. (See Officers.) 32 Plurality to elect to Proceedings in case of tie vote 00 M;iv be created bv ordinance J ' 43, 44, 4b Disqualification for I low discontinued , , 06. 54 Expulsion and removal Ironi 53, 55 Suspension from When may be declared vacant " Resignation from ' & . . ... , 58, 59, 60 Vacancies in, how filled , . DO Council may fill vacancies in elective Clerk to give notice to clerk elected or appointed to Power of Council to remove from and till vacancies in INDEX. ,, M . u I RS. CSee Office, Oath, Bonds.) Section What officers elected and when 36 Appointed on nomination of the Mayor 3' Deput) Controller, how appointed, duties of 37 Deputy Citj Clerk, how appointed, duties of 8v Deputy Treasurer, how appointed, duties of •-" Bonds of % 3 ' Appointed by Common Council 3 ° To hold office until successors are qualified • 40 To be resilient s of Detroit 41 Ward officers to reside in ward 41 Becoming interested in contracts 4l Punishment for bribery 48 Manner of qualifying, and when 50 Council may remove or expel its own members 58 Elected, how removed by Council 53 Proceedings on removal of Appointive, how removed 54 Neglect to qualify 6o To deposit all fees with City Treasurer 69 To deliver books and papers to their successors 81 Council may prescribe other duties of 82 Majority of Council required to appoint and remove 114 General power of Council relative to appointment and removal of 118 Of jails, work houses, etc., power to appoint 129 Shall not be interested in contracts with city - 01 Certain contracts with to be void 201 214 Converting money, etc Embezzlement of public property by 214 Malfeasance of and punishment for 214 OILS. Power to prevent manufacture of, in certain limits 132 140 Power to inspect OMNIBUSES. (See Vehicles.) OPENING STREETS AND ALLEYS. Common Council authorized to open highways, streets and alleys 121, 726 Council to declare necessity of '2' Special taxing district, how fixed ''"' Lit v Attorney to institute proceedings for in Recorder's Court 728 • • 7*}ft Allegations in attorney's petition >~° Damages and compensation, how paid •*" Proceedings upon petition for opening 730, 731 . 732, 733, 734, 735, 736, 737, 738 Jury in opening cases, how drawn ..7S2, 733, 734, 135 Oath of jury in Jury to determine assessment of damages, etc ,37 Jury may take maps to jury room. Korin of verdict INDEX. 51 OPENING STREETS AND ALLEYS— Continued. Section When new trial may be ordered 739, 740 Amendments to petition 739 Confirmation of verdict 740 Damages assessed by jury to be a lien upon the land 740 Appeals how made 741 What records to be sent to Supreme Court on appeal 742 Hearing in and judgment of Supreme Court 743 Costs in Suprems Court 743 Proceedings after confirmation of verdict 744 When assessments to be paid 744 Sale of lands upon assessments 744 Payment and tender of awards 745 Proceedings in case of non-residents or refusal 745 When Council may enter or lake possession of land 745 Treasurer to make certificate 745 Buildings and fences taken in street opening proceedings to be sold 740 Refunding of proceeds 746 Fees of officers, witnesses, etc., in street opening cases 747 Council not to discontinue proceedings .• 748 City Engineer to make maps, surveys, etc., of assessment districts 749 Common Council may advance awards 749 City may bid in property on sale for assessments 749 •OPENING STREETS AND ALLEYS. (General Laws.) Authority of Common Council to take private property for public use 751 Proceedings for taking private property, how, when and where commenced 752 Recorder's Court given jurisdiction over proceedings 752 Petition to be filed by whom and what to state 753 Proceedings on petition 754, 755, 756, 757, 758, 759 Clerk to issue summons , 754 Service of summons, in case of minor, non-resident, etc 755 Alias and pluries summons may be issued 755 Jury how impanelled 756 Oath of jurors 757 Verdict of jury to determine 758 Jury may take maps, etc 759 Form of verdict 759 Verdict may be set aside same as in other civi.1 suits 700, 761 Motions for new trial, when made 76(1, 701 Amendments to petition 760 Confirmation of verdict 761 Appeals, how made and perfected 702, 771 Duties of clerks on appeal 763 How case on appeal settled 763 I [earing on appeals in Supreme Court and judgment on 764 Cost and damages for unreasonable appeal 764 Clerk to transmit transcript to Common Council 765 Assessments to be made according to benefits 705 52 index. OP] NING STREETS AND V.LLEYS. (General Laws.)— Continued, Section Making and collecting assessments 765 Winn assessment rolls to be final 765 C'ity in.t\ become purchaser at t.ix sale 765 Compensation to owner, how paid 766 When Council may take possession 76b Council ma\ borrow money, to pay awards "66 l OUncil may has <■ a writ of assistance 766 Fees of jurors, witnesses, etc '"' Practice and proceedings in Recorder's Court of the City of Detroit, under this act 768 Costs and expenses of proceedings, how paid 769 Proceedings to take property to secure water supply • 770 Council cannot discontinue proceedings after rendition of verdict Vt\ What shall be evidence of ownership of property 772 Sale of buildings on property taken 773 Cities may proceed under special charter 774 ORDERS. May be drawn on Treasurer for necessary and current expenses of the city 192 OPERA HOUSES. (See Building Inspectors.) Inspection of 713 Exit doors and chairs in aisles of 714 ORDINANCES. What to be submitted to the Mayor 101 When to be valid without Mayor's approval 102 How passed over Mayor's veto 103 Where deposited and recorded . 105 Must be published, at least three successive days 106 When to take effect • ,06 Stvle of 1° 7 How amended ■ ")< To be passed on yeas and nays 1 12. 202 W T hen may be passed at session when introduced 112, 202 May be passed at special session H*i 202 Punishment for violations of 145 - Relative to repairing sidewalks 1*& For paving alleys *'-l Recorder's Court to have exclusive jurisdiction of violation of 249' Council to prescribe punishment for violation of 25' Cases arising under, may be tried without jury 259 Clerk of Recorder's Court to report prosecutions for violations of 273 Fire Commissioners to enforce certain 363 Police to enforce *>65 Persons arrested for violating may be let to bail 560 ORDINARIES. Power to regulate and license 138 INDEX. 53 PARKS. (See Board of Park and Boulevard Commissioners.) _ Section Power to improve 121 PARK COMMISSIONERS. (See Board of.) PARTITION FENCE AND WALL. (See Walls.) ■ Power to regulate construction of 133 PAVEMENTS AND PAVING. In annexed territory 8 Of streets, power to provide for 121 Cost of, how assessed 121 Limitation of amount of in each year ]8g Contracts for, to be let to lowest bidder 191 Repairs to, may be made by Board of Public Works 191 Contracts for, not to be let to officers , 201 Power of Council to make contracts for 215 Contracts for, when to be completed 215 Assessments for, how made 216, 219 What bids for must show 216 Assessments for to be according to frontage 217 Assessments for on irregular lots, how paid 217 Assessments for on lands not platted 21 8 Proceedings on unperformed contracts 320 Of alleys, Couucil ma}- make ordinances relative to 221 Hoard of Public Works to superintend construction of 316 Of streets, etc., to be done by contract 326 PAUPERS. Powers of Council relative to burial of, etc 141 PAWNBROKERS. Power to license and regulate 139 PEDDLERS. Power to license and regulate 139 PENALTIES. (See Fines, Misdemeanors.) For taking false oaths at election 26, 799 For not delivering books to successor in office 81 Power to impose, limitation of 14£ For embezzlement by public officers 214 Attorney to collect and pay to Treasurer 852 Clerk of Recorder's Court to give information relative to 273 For refusing right of way to firemen 34$ Kor attempting to escape from House of Correction 612; 54 INDl'.A. P] NSIONS. Section How paid to retired firemen 367 To be paid to families of firemen, when 368 How paid to such tin-men 368 List of pensioners and retired firemen to be kepi by Controller 370 Estimates for, to be submitted to Council 371 Tax for, to be levied 371 Payment of, to be made by warrant 372 Pensioners to take oath 373 When payments to be made 374 Widows and children of policemen to receive 5Si, 688 Disabled policemen to draw 584, 585 Limitation of, to policemen 585 For policemen, how paid 586 Controller to make estimates for 587 Petitions for, to be presented to Common Council 588 To policemen to be paid from date of injury, etc 589 Names of persons to whom act applies 589 1 Hsabled policemen may be retired 590 Officers on retired list subject to orders of Police Commissioners 591 Commissioners may require retired officers to be examined 592 Special policemen, etc., not to receive pension or to be placed on retiied list 593 Rewards, proceeds of gifts, etc., unclaimed, money, proceeds from sale of unclaimed property and tines imposed by Commissioner and money in Police, Life, Health and Insurance Fund to be paid into the city treasury 594 PERCENTAGE. On unpaid taxes when added 170 Provision in case of payments made before August 10th 170 PERSONAL PROPERTY. Where assessed 182 PERJURY. False oath at election, to be 22 Penalty for 26 False oaths before Police Commissioners 565 Elector swearing falsely 734 PETITION. Right of guaranteed 109 In street opening cases 728 PHYSICIANS. (See Physicians, Board of Health.) PICTURES. (See Obscene Pictures.) PIN ALLEYS. Power to license, regulate or suppress gaming with 137 INDEX. 55 PLANK ROAD COMPANIES. City may purchase franchise of Detroit and Howell Plank Road Company 689 City mav condemn franchise of same Citv mav purchase franchise of Detroit and Saline Plank Road Company 691 , 692 Citv may condemn same Incorporation act relative to Detroit ard Saline Plank Road Company repealed 693 PLATS. „. . , 79 City Engineer may make Council may provide for preservation of Power to provide for preservation of copy of Not to be valid without approval of Board of Public Works ' i12 Board of Public Works cannot change without authority from Council 312 31° Tax certificate to accompany PLURALITY. 32 Vote to elect POLICE COURT. Justices of, how elected, term of office of 643 Vacancy, how filled Clerk of, and assistants, term of office of Qualifications of justice, clerks and assistants b4 ° 645 Oaths of office of justice, etc Removal of justices, resignations, etc ,. , . 64T Salaries Services of process of ' Council to provide court room for Expenses of, how paid ° , . .. ... , 651 Jurisdiction or Justices and clerks of, may take recognizances 651 Concurrent jurisdiction with Recorder's Court in certain cases 651 Persons arrested for violation of ordinances to be let to bail 651 Recognizances, where filed To have powers of Justices of the Peace b5 ~ Apportionment of business in and practice in 65~ 6*;2 Trials to be public °°* Hours of business in Power to punish for contempt a May require security for costs from complainant b " 4 Judgment for costs may be entered again.st complainant and surety when 654 Who may let to bail "^ May issue attachments for witnesses Shall commit persons convicted to House of Correction 65i May commit in default of payment of fine Certificates of conviction need not be filed fl58 Adjournments, postponements, etc Limitation of adjournments May investigate cases of suspected crime 56 INDEX. POLICE COT R l Continued. Section Records of, to be open to public 662 Clerk of, to receh c- ^ 1 1 1 fines 662 Juries in to be judges of law and fact 663 Challenge of jurors in 663 Selection of juries in 663 Appeals from judgments of 664 Council may appoint Justice of the Peace to act as Assistant Police Justice, when 665 R( peal of other acts and transfer of files 666 Ma\ issue search warrants 667 Stenographer of, how appointed 668 Duties of stenographer 670 Stenographer shall furnish notes when 671 POLICE JUSTICES. How elected, term of office of 643 To appoint clerks, etc 644 Qualifications of 645 How removed , 646 Salaries of 647 May take recognizances ! 651 To have powers of Justice of the Peace 652 May apportion business of Police Court 652 May exclude persons from court room, when 652 Duty to attend and open court 652 May let to bail 655 May investigate suspected crime 661 Council may designate Justice of the Peace to act as assistant 665 Duties of, as to disorderly persons 773, 674 To give certificate of conviction 676- POL1CE. (See Metropolitan Police.) POLICE COMMISSIONERS. (See Metropolitan Police.) POLICE, PROPERTY CLERK OF. Secretary to be 546 : Presents, etc., to policemen to be handed to 549" Property seized to be deposited with 554, 559' General duties of 559' POLICE, SUPERINTENDENT OF. (See Metropolitan Police.) POLICE FUN" I). How constituted 562 City Treasurer to be custodian of 562 1 1 o\v moneys paid from 563- INDEX. 57 POLICE LIFE AND HEALTH INSURANCE FUND. Section How constituted, trustees of 551 For what purpose paid out, and how 552 Unclaimed property and money seized to be paid into 559 But see also 594 POLICEMEN. (See Metropolitan Police.) Commissioners may appoint and remove 545 Qualifications of 549 Not to receive presents or fees 549 Not to be interested in bail, etc 549 Complaints against and trial of 550 Rewards to, how disposed of 551 Disabled, how provided for 552 To serve subpoenas, etc. 553 Reports of 554 Special, how appointed, compensation of 550, 55 1 Resignations of 55s Register of , to be kept 559 Shall make report of arrests 56 n May be required to give security 566 Exemptions of 568 Assault on or impersonating, a misdemeanor 569 Accepting elective office, deemed a resignation 5il Not to enter saloons while on duty 574 To serve criminal process, etc 5 ' a To seize burglar's tools Pensions to widows of 5"* Pensions to children of 5oo Pensions to disabled 584, 585 Pensions to, how paid 586 Entitled to pension, shall petition Common Council 588 Pensions to widows of, to be paid from death of officer 589 Pension provisions to apply to certain persons 589 POLLS. (See Elections.) POLL LISTS. (See Elections.) POOL SELLING. Power to regulate and suppress »"' POOR COMMISSIONERS. (See Board of.) POOR FUND. Estimates for, to be submitted 155 For what purpose raised 1° - * Power to raise by tax 164 58 INDEX. PORK. Section Paw ei i" inspect PORTERS. Power to regulate and license. pos rs. Power to inspect 140 POULTRY 140 136 Unsound, power to prevent sale of Power to license sale of 139 Power to inspect. POUNDS AND POl'NDMASTERS. Power to appoint. Power to provide. 140 38 125 POWDER. Power to regulate storage and conveyance of. PRESIDENT OF BOARD OF FIRE COMMISSIONERS. Power to elect 354 Warrants on Fire Commission Fund to be signed by 341 PRESIDENT BOARD OF EDUCATION. Power to elect "*81 PRESIDENT OF BOARD OF POLICE COMMISSIONERS. Power to appoint. 546 To be Trustee of Police Life and Health Insurance Fund 551 To test subpoenas issued by the Board 565 PRESIDENT OF BOARD OF WATER COMMISSIONERS. Power to elect ™' PRESIDENT OF COMMON COUNCIL. When to be Acting Mayor '1 Pro tempore, when Acting Mayor 71 When elected 72, 98 Pro tempore, when elected ' '-> "° Pro tempore, duties of '3 To appoint committees of 1'5 Of proceedings of Council. In foreign languages. INDEX. 59' PRINTING. Section 106 106 Power to provide for I 4 ' Proposals for contracts, for 191 Of report of clerk of Recorder's Court 273 Of annual statement of Board of Education 483 Of report of Water Commissioners 516 PRISONERS. Who liable for board and expenses of 254 May be confined in County jail 255 General laws for safe keeping applicable to 256 To be conveyed by police to place of confinement 575 PRIVATE PROPERTY. Sewers and drains through, how made and paid for 150 May be taken for public use '26, 751 PRIVIES. Power to compel cleaning »«" Power to levy assessment for cleaning 131 PRIVILEGE. From arrest on election day <»> Of policemen from arrest while on duty 56g PROCESS. Civil, when electors exempt from arrest on 35 When Mayor may issue 84 Clerk of Recorder's Court to sign and seal 237 From Recorder's Court how tested and executed 248 To be served by police, when 553 When city to pay expenses of service of 461 Civil, when policemen exempt from arrest on 598 Police Justice may require security for costs before issuing 654 PROPOSALS. For contracts to be advertised for 191, 326 PROSECUTIONS. 249 How commenced Clerk of Recorder's Court to report number of *'* 6o INDEX. PROSECU 1 [NG \ [TORNEY. Section When to act in Recorder's Court 2I:5 I 'o render account of moneys collected 248 When to sign informations, etc 243 PROSTITUTES. Power to punish ' d,) M i\ be sent to House of Correction 027 Complaint against and trial of 82! Imprisonment of, under 15 years of age 629, 030, 031 , 682 Form of commitment of 624 PROVISIONS. Unsound, power to prevent sale of 139 Power to inspect and license sale of 140 PLBLIC BUILDINGS. Power to erect. 129 PUBLIC BUIDING FIND. For what purpose and how divided 183 Bonds for, how issued '" 9 Surplus of, not to be transferred to Sinking; Fund 208 PUBLIC EXHIBITIONS. Power to license or prevent "" PUBLIC HOUSES. Power to regulate runners of "8 Power to license keepers of *"° PUBLIC HALLS. Inspection of '* Chairs not to be placed in aisles of ' " Not to be used without certificates of inspection 71B PUBLIC LIBRARY. (See Library.) PUBLIC LIGHTING. Power to advertise for proposals for 184, ~oo Council may contract for term of one, two or three years 184 Limitation of amount to be raised for *""* Council may levy assessment for '"* Commission, how appointed *"* 6i PUBLIC LIGHTING— Continued. Section Commissioners to take oath of office *° 4 President and Secretary of Commission, how appointed 284 City may contract or establish plant for 285 Power to lay pipes, conduits, etc Council may make temporary contracts for * 86 Shall advertise for bidders for *~86 Limitation of cost of plant for * 8 ' Commissioners may appoint electrical and other officers 2° 8 Establishment of public plant to be submitted to electors 289 Commissioners to have entire charge of 291 292 293 Power to raise money for public plant Contracts not to be in excess of funds authorized Commissioners to have supervision of all appliances, etc Council may make ordinances, regulating use of electricity for 294 Penalty for injuring machinery, wires, etc. PUBLIC MARKETS. Power to establish PUBLIC MEETINGS. Council may call ■295 129 147 PUBLIC PARKS. (See Board of Park and Boulevard Commissioners.) Power to open, grade, improve and regulate Power to survey and ascertain boundaries of *■*■' Power to purchase Belle Isle and improve same 4 1° Council may erect bridge, to Water Commissioners may erect fountains in 51 ~ PUBLIC PLACES. (See Highways, Public Parks.) Power to open, extend, grade, improve, regulate, etc I" 1 Power to prescribe use of Board of Public Works to superintend working 3l6 PUBLIC SCHOOLS. (See Board of Education.) Detroit to be one school district 4 '" PUBLIC SEWER BONDS. Authorization of . . . 160 160 160 Amount for Woodward avenue Regulations as to Controller shall keep record of lc0 > 3 ~ 9c Council to approve, before issuing Board of Public Works to estimate amount necessary 161 Authority to issue 349a, 329b, 329c A in.. n nt of, limited to one million dollars 3 ~ 9b , , , 329b i on Common Council y designate denomination of 3 ~ Jb 62 INDEX. PI BLIC SETTERS. (See Sewers.) Section. PUBLIC WORK, Tax for, to be first levied l^O How to be paid for.. l»0 Proviso relative to public lighting and garbage 190 Contracts for to be let to lowest bidder 1"1 PUBLIC WORKS. (Sec Board of.) PUNISHMENTS. (See Fines, Penalties, Misdemeanors.) QUALIFICATIONS. Of electors. 24 Of officers 41 Of City Attorney 4 ~ Of sureties on official bonds <"> Of City Counselor 297 Of Water Commissioners 506 Of policemen 549 Of sureties on certain recognizances. 580 QUORUM. Of Common Council •'' Of Commissioners of Sinking Fund 211 Of Fire Commissioners "30 Of Board of Education 481 Of Police Commissioners °~*1 RACING. In streets, power to prevent 124 RAILROADS. Power to preserve quiet at depots of 121 Power of police at depots of 548 REAL ESTATE. Power of Council to purchase 1*" Power to perpetuate evidences of title to 144 Certain, transferred to Fire Commissioners 344 Board of Education may hold 480 Power of Water Commissioners to hold 505 Board of Water Commissioners may purchase 51 1 RECEIPTS. Of Treasurer, not valid unless countersigned by Controller 78 Controller to take, on delivery of tax rolls 170 INDEX. 63 RECEPTION FUND. Section Power to levy and raise tax for 222 RECEIVER OF TAXES. How appointed, term of office of 37 How removed "4 Bond of bl Duties relative to re-assessments 149 Shall give notice of delivery of tax rolls 170 To give receipts on payment of taxes 1'0 To give notice of unpaid taxes "0 When to add percentages 1'0 To collect personal taxes 1 ' 1 Xotice of sale for personal taxes 1 ' 1 Surplus on sale for personal taxes, how disposed of l'l May sue for personal taxes l'l Assessment tolls for sewers, etc. to be placed in hands of 181 Shall notify School Board of receipt of school taxes 491 RECORDS. . Of proceedings of Council, how kept 105 Of ordinances, resolutions, etc 105 Of Council, open to inspection 108 Council may provide for preservation of 114 Of Recorder's Court, open to inspection 253 Of Fire Commissioners, open to inspection 353 Of Park Commissioners, open to inspection 435 Of police, relative to stolen property, how kept 559 Of Police Commissioners, open to inspection 564 Of I louse of Correction, open to inspection 598 RECORDER'S COURT. Impeachment of Judges of .• • • 5~ J udges of may administer oaths 83 Clerk of, may administer oaths 83 Deputv Clerks of, may administer oaths 83 Continuance of 228 Provision for two Judges of 229 Powers, duties and jurisdiction of 229 Business of, how apportioned v 229 One Judge not to stay proceedings of the other 229 Record of, how kept 230 Bills of exception, orders, etc., how signed 230 Term of office of Judges'of 231 Xotice of election of Judges, how given 231 Circuit and Supreme Court Judges may sit in 231 Vacancy in office of Judge of, how filled 232 Xotice of election to fill vacancy ~32 Salary of Judges of 233 i; E( ORDER'S C< >l R 1 Continued. Se< tion i lerks and Deputy Clerks of, how appointed 284 Council may provide Eor other assistants 234 Bonds oi < l- i K and Deputies 235 Clerk to keep recoi d oi proci edings 288 Powers, duties and salary of Clerks 236 I ' ■ •. lis, duties and salaries of Deputies 287 Jurisdiction of 238 What indictments to be presented to 289 Prosecutions to be by in format ion 240 Not necessary to verify information by oath 240 fudges and Clerks of, given power to let to bail 241 To have power to enforce recognizances 241 Form of recognizance in 242 Prosecuting Attorney to appear in 243 Judges of, may grant writs of habeas corpus 244 Judges of, to have powers at chambers 245 When persons may be excluded from court room 245 May make rules of practice 246 Shall be a Court of Record 24V Writs and process of, how tested 248 When to have exclusive jurisdiction 249 Complaints to be filed with Clerk 249 Clerk may issue warrant in certain cases 249 Terms of Court 250 Unfinished trials at close of term, how disposed of 250 When Clerk may adjourn Court 250 Writs of error and other process from Supreme Court 251 City Attorney to collect fines imposed in 25~ Clerk to report fines to Council 252 Who may inspect books and records of 253 Costs in, when city liable for 254 Costs in, when county liable for 254 Imprisonment for disobeying- orders of 255 Punishment for offenses against ordinances to be prescribed by Common Council 257 Laws of the State to apply in prosecutions in 258 Trials to be by Court unless jury demanded 259 Jury list, how selected 260 List of jurors to be filed with clerk 261 When old jury ballots to be destroyed 262 Clerk to give notice to Judge and Sheriff of drawing of jury 263 Manner of drawing jury £64, 265 Clerk to keep minutes of drawing of jury 266 Clerk to issue venire facias 266 Service of venire facias, how made 267 Court may fine jurors for non-attendance 268 Clerk to destroy ballots of jurors who have served, etc 269 Court may order further drawing of Jurors 270 Sheriff to summon extra jurors, when 271 INDEX. 65 RECORDER'S COURT-Continued. Section Talesmen, how summoned 2TS5 Clerk to make annual report to Common Council 273 Duties and salary of stenographers of 274 Court may appoint temporary stenographer, when 275 Act not to affect Police Court Act 276 Street opening cases to be tried in 727, 752 Proceedings in street opening cases 730, 731, 730. 733, 734, 735, 736, 737, 738, 753, 754, 755, 756. 757, 758, 759 New trials in street opening cases T39, T40, 760, 761 RECORDER'S COURT FUND. Estimates for 15a For what purpose raised 183 Power to raise by tax 184 RECOGNIZANCES. Recorder's Court may enforce 241 Form of 242 Required in ordinance cases ~*" Judgment against sureties on ■" ' Qualifications of sureties on 580 Ma v be taken by Police Justices 651 REDEMPTION. Of land sold for taxes I 73 How made ' Interest to be paid on 1'" REGISTRATION. (•..unci! shall provide means for in new wards ■ ^ City Hoard of, how composed H Of electors, how made ** Notice of meetings of Board of 1* Duration of sessions of Board of " Re-registration, when required 1~ Elector must personally appl\ for. .12. 13 Lists, to be delivered to City Board I 3 When elector twice registered In case of special election On election day, method of ^" Spei ill registers for election day ** Oi births and deaths 68S 66 INDEX. REGISTRATION, BOARD OF. (See Election Laws.) Section Notice of meeting of, how given 12 I '•uiation of sessions of 12 Annual re-registration, how made 12 Sick or absent electors, how registered 12, 15, 22 District boards of 13 Shall not register name except upon persona] application IS Meeting of city hoard of, whin and where 14 Purpose of meeting of city Board 14 Filling vacancies in 16 General laws of Stale to apply 17 1 low composed 21 REGRATING. Power to prohibit 129 REPORTS. Annual, of Controller 76 Annual, of Treasurer 78 Council may order officers and hoards at any time to make 88 Annual to be made to the Common Council % Officers and Boards to furnish to Common Council 204 Of Commissioners of Sinking Fund 210 Of fines, etc.. in Recorder's Court 252 Annual, of Clerk of Recorder's Court 273 Annual, of Board of Public Works 324 Annual, of Fire Commissioners 352 Annual, of Boulevard Commissioners 435 Annual, of Board of Education 485 Annual, of Water Commissioners 516 Of Water Commissioners, relative to interest on bonds .". 528 Quarterly, of Superintendent of Police 567 Annual, of Police Commissioners 567 Quarterly and annual, of House of Correction 599 Monthly, of Building Inspectors 720 RESIDENCE. What necessary to hold city or ward office 41 RESIGNATIONS. Offices may be declared vacant on 56 Of officers, how made 57 Of members of Police Force 558, 571 INDEX. 67 RESOLUTIONS. Section To be presented to Mayor for approval - 1 " 1 I low vetoed by Mayor Effect of neglect of Mayor to approve. Passage of, over Mayor's veto 101 102 103 103 When to go into effect Certificate of presentation of, to be recorded 10 * 105 To be deposited with City Clerk Not to be passed at session when introduced 113 > *"* To be passed on yeas and nays. .112, 202 727 75° Relative to street opening ■*'» Certified copy of, to be filed in Court 728 > 753 RETIRED FIREMEN. (See Pensions.) RETURNS OF ELECTIONS. Delivered to City Clerk, when. 39 Delivered to County Clerk, when "®> REWARDS. 549 343 Police not to receive RIGHT OF WAY. Firemen going to fires, to have RIOTS. Power of Council to prevent *■** Power of police to quell 565 ROAD FUNDS. (See General Road Fund, District Road Fund.) RULES, REGULATIONS AND BY-LAWS. Power of Common Council to make U0 Power of Recorder's Court to make 2-46 Power of Fire Commissioners to make 350 Power of Board of Education to make 483 Power of Water Commissioners to make °14 Power of Police Commissioners to make &55 Power of Inspectors of House of Correction to make 597 RUNNERS. Power to license and regulate !■'" index. SA1 \i;\ (See< ompensatio Section Of Mayor 71 OJ Vldermen lll) Of officers, genera] powers of Council relative to II s ( m Judges hi Recorder's Court *38 Oi 'i'li rk . 'I Recorder's Courl ~ 36 Of Deputy Clerk of Recorder's Court 237 Oi St< nographei s of Recorder's Court -74 Of City Counselor : '''' Of Firemen " 4 * Of Members of Police Force 549 Of Officers of House of Correction :,! ' 1 Of Police Justices ami Clerks of Police Court 641 Of Stenographer of Police Court 671 Of Justices of the Peace *>80 Of Clerks of Justice Court 681 SALINE PLANK ROAD. (See Plank Road Company.) SALE. Of public property, power of Council to make HI For taxes, power of 171 > 173 i 18 ~ For taxes, who to execute deed '" For taxes, when Controller to bid in 17^ For paving assessments. Power to license and regulate. SCHOOL DISTRICTS. How affected by annexing new territory To be re-arranged, when City to be one SCHOOL HOUSES AND PROPERTY. Estimates for, to be submitted , 181 For non-payment of water rates )14 Of buildings taken in street openings i™, <78 SALT. 1 to Power to inspect SALOONS. 138 SCHOOLS. (See Board of Education.) To be free to all children 4 ' 6 Council may pass ordinances for good order, etc 49 ' 10 476 488- 489 Power to levy tax for Council may issue bonds in lieu of taxes, when ,- • • 489> INDEX. 69 SCHOOL INSPECTORS. (See Board of Education.) Secton To be voted for on separate tickets ~8 Whin elected, term of office of 36, 477 Women eligible to office of, 41 Vacancy in office of, how filled 478 Removal from ward dots not vacate office of 479 Penalty for refusing to serve as i'l '■' Not to be interested in contracts or to receive compensation 498 SCHOOL TAXES. Estimates of, to be presented to Council 488 Power to levy -188 To be separate on tax rolls 483 Non-resident tax payers, may send children to city schools 595 SCUTTLES. Power to compel providing of 133 SEAL. Of corporation 1 City Clerk to keep 75 Fire Commission may have common 346 Water Commissioners may have 505 SEALER OF WEIGHTS AND MEASURES. Appointment and powers of 548 SEWERS. Lateral, Engineer to make assessment for 79 Private, power t" Power to regulate use of lights in 132 STARCH FACTORIES. Power to cleanse 130 Power to prohibit 132 STATE PRISON. Police to convey prisoners to 5<5 Inspectors of, may contract with House of Correction 605 Transfer of females from to House of Correction 613, 616 Commutation of sentence from, to House of Correction 617 STEAMBOATS. Power to regulate runners at landing of 138 Duty of police at landings of 548 STEAM BOILERS. Power to inspect 12* STONE. Power to inspect "0 STOVES. Power to regulate putting up of 133 STREETS. Plan of, etc., to be made by Board of Public Works 312 Board of Public Works to establish grades of 313 Sewer and gas, and water connections in, when to be made 314, 315 Water Commissioners may lay pipes in Ms Police to remove nuisances in °4" Opening, widening and straightening, etc «*•> 72 IMU'X. STR1 i i OP] NING \< I (See Opening Streets and Alleys.) Section v i i; 11 i OPENING FUND, Estimates Eoi to be submitted 155 hat purpose raised iga STR] ET PAVING Fl \l>. Estimates for to be submitted 155 For what purpose raised 1S3 Power to raise tax for ' iss STREET PAVING SINKING KIND. How provided for r 227 SI BPCEN VS. Mayor may issue, when 84 Council and Council Committees may issue 116 l'olice Commissioners may issue 550 From Recorder's Court, police to serve 553 SENIOR POLICE JUSTICE. Who to act as 652 Duties and powers of 653 When to require selection of jurors 663 SUPERVISORS OF WAYNE COUNTY. President of Board of Assessors and the Aldermen to have the powers of 164 SURETIES. On official bonds, contracts, etc., to justify, etc 66 Sufficiency of, of license bond 143 To be furnished on contracts 191 When judgment may be entered against 242 Proceedings against 578 s l" K V EYOR. (See Engineer.) General powers and duties of 7ft Water Commissioners may employ 510 SWAMPS. Power to provide for drainage of 128 TALESMEN. Power to summon in Recorder's Court 272 In street opening cases 735 TALLOW. Power to prevent rendering of 132 TALLOW CHANDLER SHOPS. Power to cleanse, etc l?l) TANNERY. Power to cleanse, etc 13(> Power to prohibit within certain limits 132 INDEX. 73 TAVERNS. (See Hotels.) TAXES. On lands detached from townships School in annexed territory Treasurer to be charged with Ordinances imposing, how passed 96, 101, 112, 202 Illegal, power to refund or vacate Power to sell for unpaid ' Are liens Power to levy and collect for various funds and purposes. . . . 147, 184, 1S5, 186, 187, 188, 190, 222, 340, 486, 487, 488, 528, 540, 572, 608 , 149 When may be reassessed ' Unjust, power to refund *■ Estimates for amount of, to be submitted lc To be based on assessment rolls lt When due and payable ' Receiver to give notice of Receiver to give receipt for ' Interest on unpaid W T hen percentage to be added ' Notice of sale and proceedings thereon 1,0 > l,i > 172 > 1m Redemption of lands sold for 173 ' ' Personal, how collected " Sale, for personal Controller to execute deed on sale for 173, 178 Persons in possession liable for 1 180 182 Assessment rolls, to be evidence of regularity On personal property, to be assessed where found To be credited to fund for which raised ~"' When to be credited to General Fund ' !( - , ' To be applied to the purpose for which raised ~ 0S For Entertainment Fund For cleaning streets, to be assessed by wards 319 For Firemens' pensions ' For I lealth Board 3 ~ 8 ' 393 For Public Library 486,502,503,504 For School expenses 488,489,491 School, per capita Scbool, to be separate on tax rolls For expense of opening streets and alleys TAX ROLLS. 493 729 ( ontroller to examine Ward, to be delivered to Receiver Notice of reception of by Receiver to be a demand for taxes l'O TELEGRAPH. When Police Commissioners may erect. 5 r. i in \ rERS. CSee Opera Houses.) i iu:.\ ikk \i S. Power to license and regulate 139 riMBER, Power to inspect 140 TIE VOTE. Proceedings in case of, at election 33 In Council, effect of 113 ■TREASURER When elected, term of office of 36 When term of office to commence 50 Bond of 61 All fees to be paid to f>9 Controller to keep account with 77 To be charged with all moneys and taxes receivable 77 To have custody of all moneys and pay none except on warrant 78 To keep separate accounts with each fund 78 To make reports to Controller 78 Annual report of 78 Other duties of 78 Duties of, relative to bonds 189 Orders may be drawn on, for current expenses of city 192 To destroy evidences of debt when refunded 195 To keep list of cancelled bonds, etc 195 To credit surplus of funds to Sinking Fund 208 To be member of Sinking Fund Board 210 Shall pay school moneys to School Board -. 492 Taxes for Library Building to be paid to 504 To sell property assessed in street opening cases, when 744 To pay or tender awards in street openings 745 TREES. In streets, power to provide for preservation of 122 TUNNEL. Council may unite with Canadian authorities to build 152 Regulation and management of tolls 152 TURPENTINE. Power to prohibit manufacture of, in certain limits 132 UNSAFE ERECTIONS. (See Buildings, Fences.) VACANCIES. In Board of Registration 16 In Board of Inspectors of Election, how filled 19, 777 Ballots to fill, to state what 31 Made by officers ceasing to be residents 41 Made by officers becoming defaulters 43 Made by officers becoming interested in contracts 47 Made bv accepting bribes 48 INDEX. 75 VACANCIES-Contimied. Section Officers appointed to fill, when to enter upon duties 50 When may be declared 51, 56 Expulsion from office to create 56 In appointive offices, how filled 58 In office of Mayor or Alderman, how filled 59 In elective offices 60 Among assistants and clerks, etc., how filled 68 Power of Council to provide for filling 118 In office of Recorder 232 In Board of Public Works 311 In Board of Fire Commissioners 339 In office of School Inspector 478 In Board of Water Commissioners 506 In Board of Police Commissioners 543 In office of captain and sergeant of police 549 In office of policemen, by accepting other office 571 In office of Police Justice 643 VAGRANTS. Power to restrain and punish 135 Power against, under Police Act 579 May be sent to House of Correction 610 May be sent from other counties to House of Correction 611 VEGETABLES. Unsound, power to prohibit sale of 136 Power to license and regulate seller of 139 Power to inspect 140 VEHICLES. Power to prevent exhibition of signs on 122 Power to regulate standing of at depots, etc 184 Power to prescribe stands for in streets 124 Power to license and regulate compensation of drivers of 138 VENIRE FACIAS. To be issued from Recorders Court to Sheriff 266 When and how to be served 267 In street opening cases 735, 756 VESSELS. Power to regulate anchorage of 119 VETO. Of ordinances, etc., by Mayor 101 Proceedings of Council on 102 VICTUALING HOUSES. Power to license and regulate 138 VOTING. (See Elections, Election Laws.) VOUCHERS. To be filed by Controller 76 i\PEX w M.I.S. Section Unsafe, powei to remoi e 85, !$29, 717 Power t<' regulate construction of 183 w \Ki;.\\ i S. i\> be drawn and signed by Controller 76 ro specif} purpo e Eoi which drawn 76, 19S . Mot to be ili awn for illegal claims 197 Not to be drawn unless money in the Treasury 197 No monej to be paid out oi rreasury except on 198 When to be void 200 On Sinking Fund, how drawn 212 On Fire <■ 'ommission Fund, how drawn :'>ll For payment of pensions to firemen 372 On Metropolitan Police Fund, how drawn 563 W VRDS. Boundaries of 4 To be divided into election districts 5, 779 New Wards, 14th, 15th and 16th, officers in 6 Elector to vote, in what 19 Officers of, when and how elected 86 \\ A I KR OF DETROIT RIVER. Council may preserve purity of llf Penalty for polluting 525 WATER COMMISSIONERS, BOARD OP, How appointed 35, 535 Authorized to hold real estate 505 To have corporate name and seal 505 Property of, exempt from taxation 505 Property devised by Chauncey Hurlbut, to be disposed of according- to will c05 Term of office of 506 Vacancy in office of, how filled 506 President and Secretary of, how appointed 507 Power to borrow money by issuing bonds 508, 536, 537, 538, 589 To keep registry of bonds issued 508 To supply the City of Detroit with water 509 May employ Superintendents and other officers and fix their compensation 510 Not to receive compensation 510 Duty of, to erect and maintain Water Works 511 May purchase real estate 511 May lay pipes through private property v 51 1 May erect hydrants, lay pipes, etc., in streets 512 May erect drinking fountains for public use ;, '~ Shall assess water rates 513, 514 Water rates to be a lien on premises 513 May make rules and regulations for collection of water rates 514 Property may be sold for non-payment of water rates 514 To keep record of proceedings relative to water rates 515 To make annual reports to Common Council 516 Shall invest surplus funds , , 517 Shall pay interest and bonds out of surplus funds 51. INDEX. 77 WATER COMMISSIONERS, BOARD OF-Continued. Section When may issue new bonds -.- Oil Shall take oath of office -,,. Water mains through private property, to be owned by 519 How removed .„,. 520 May enter upon private property forcertain purposes 521 May agree upon compensation for use of private property -,'l Shall have power to take land in fee for special purposes -00 Proceedings on condemnation 5 oo coo -o. Compensation for property condemned, how paid, and when 5.70 Costs wheVe condemnation proceedings are discontinued 5.13 Appeals to the Supreme Court, how made -04 Appeals not to prevent Board from taking possession 504 Penalty for polluting water supply so- Notice of penalty to be posted ,„- Penalty for interfering with pipes of - 0fi Interfering with or breaking inlet pipe, main distributing pipe, etc., to be a felony 526 Extension of pipes, how made -o-. To report to Common Council, amount of money needed to pay interest 528 Duty of Council to raise amount for interest by special tax - ig Not to be interested in contracts, etc Lands, docks, buildings, machinery, pipes, hydrants, and all other fixtures to belong to. Power to make by-laws, etc By-laws adopted to be recorded May levy special assessments May issue new bonds to take up old Council to levy taxes to-the amount of $75,000 for 589 530 531 531 532 540 540 WATER RATES. Commissioners may assess. . . . E , ... J 51.1 ol4 To be a lien „. . 514 514 514 515 527 Commissioners may make rules as to collection of. Sale of property for non-payment of List of assessments to be kept To non-residents WAYNE (Ol \I Y Aldermen not eligible to offices in Auditors of, may inspect records of Recorder's Court. When liable for costs and board of prisoners 45 852 25 1 Auditors of, to pay certain expenses for apprehension of criminals 543 WAYS AND MEANS, COMMITTEE OF. Chairman of, to be member of Loan Committee. Section < 'hamnan of, to be member of Board of Sinking I und Co SOU mmissioners 210 WEIGH M \M ERS. IIow appoint d 38 INDEX. WEIGHTS. Section Power w> compel use of seal 140 Police Board may appoint scaler of 548 WHARFING PRIVILEGES. Council may lease 120 WHARVES AND DOCKS Power to erect, regulate, prevent encumbering', etc 120 Power to preserve order on , 128 WHISKEY. Power to inspect 1-10 WHISTLES. Blowing of, power to regulate 123 WlNES AND LIQUORS. Power of Council over sale of 13'i Power of Council to inspect 140 WITNESSES. Mayor may subpoena 84 Council may subpoena 116 Ccuncil committees may subpoena 116 Council may fix fees of 147 When Police Board may summon 550, 565 Detained, Police Board to furnish accommodations for 560 False oath of, before Police Board to be perjury 565 WOMEN. May vote, when 24, 500 WOOD. Council may designate place for sale of _ 124 Council may provide for inspecting 140 WORK HOUSE. Council may build and control 129 Council may appoint officers of 129 Council may provide for imprisonment in 142 Expense of imprisonment in, how paid • ■ 142 YEAS AND NAYS. When to be entered on the record : 112, 202 When to be called in meeting of Sinking Fund Board 211 This book is DUE on the last date stamped below „ DISCHARGE^ HIN2 01BB Form L-9-15m-7,'32 833 Detroit. 1883 Charters - fit The charter P of the city of Detroit. _-__.. 3S UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 798 884 UNIVERSITY of OALTFOr LOS ANGELES LIBRARY