4< /14 / C) C z o 1 xl *r1 C o 0 P-i> NA 94, - p C WON 1% L iC' 4 I I i ~~~~~~~~~~~i~~~~~~~~~~ 41- - *, k I1 - do~~~~~~~xr %S Rules of Common Council., RULE 1. All petitions and such other nmatters as the Council shall order, when introduced before said Council, shall be referred to a committee. The committee shall not report thereon for o.e week from the time when such matter was so referred to them.Provided, that this rule may be suspended by the unanimous coIisent of all.he Aldermen present at a meeting of the Council: And provided fuither, that when any mattershall be first introduced by the report or recommendation of any standing committee, no further reference to a committee shall be necessary;- but such mnatter shall lay on the table for one week. RULE 2. No bill or account against the city shall be allowed, unless verified by affidavit; which affidavit shall be substantially in the following form, to-wit: STATE OF MICHIGAN, COUNTY OF BAY, A. B. being duily sworn, deposes and says, that the foregoing account is in all respects just and true, and that no part thereof has been paid. Subscribed and sworn to before me this ........ day of........ 1... RULE 3. Motions may be made and resolutions offered by any member of the Council, and a vote shall be taken thereon without a second, in all cases and under like circumstances as though the same had been seconded, and any member may move a re-consideration of any matter, whether such member voted with the majority or not. RULE 4. Reports of committees and of all city officers made to the Council shall be in writing, signed by the person or persons making the same. And when a report of committee is made, the report shall be equivalent to a motion, and unless some other mo tion is interposed, the question shall be taken on the adoption of the report. RULE 5. The Mayor shall annually, in the month of April, ap point the following standing committees from the members of said Council, to-wit: Committee on Ways and Means. Committee on Fire I)epartinent. Committee on Streets and Sewers. Committee on Ordinances. *' a Each Committee shall consist of a Chairman and two members, and all vacancies in such committees shall be filled by appointment ot the Mayor, within two weeks after the same shall occur. RULE 6. A motion to suspend the rules shall not be construed as including in its operation other rules, unless such rules are spe cially designated in the motion. RULE 7. The order of business at every regular meeting of the Council, shall be as follows, to-wit: 1st. Calling of the Roll. 2d. Reading the minutes of preceding meeting. 3d. Presentation of Petitions. 4th. Report of Committee on Streets and Sewera. 5th. Report of Committee on Ways and Means. 6th. Report of Committee on Fire Department. 7thl. Report of Committee on Ordinances. S. Reports of Special Committetes. 9th. Reports of Officers. 10th. Presentation of Accoiunts. 11th. Motions and Resolutions. 12th. Unfinished business of preceding meetings. RLLE 8. All motions and resolutions shall be reduced to writing if required by any member. RULE 9thl. Every member, previous to his speaking, shall rise from his seat and address himself to the Mayor or President. RULE 10. These rules shall not be amended or repealed except by consent of three-fourths of the Aldermen elect. RULE 11. Subject to the foregoing rules, the proceedings of the Council shall be governed by the ordinary parliamentary law. AN ACT To revise and amend an Act entitled " An Act to re vise and amend an act entitled an act to Incorpo rate the City of Bay City," approved March 21st, 1865, being act number three hundred and forty eight, ofthe Session Laws of this State for the year 1867. SECTION 1. THE PEOPLE OF THE STATE OF AITCHIGAN ENACT, That an act entitled " an act to revise and amend an act entitled an act to incorporate the City of Bay City, approved March 21st, 1865, being act number three hundred and forty-eight, of the Session laws of this State for the year 1867, be and the same is hereby amended so as to read as follows: That so much of the townships of Portsmouth and Hampton, and of the other territory in the County of Bay, in the State of Michigan, as is included in the following limits, to-wit: Beginning at a point in the middle of Saginaw River, Boundaries. where M line drawn along the north boundary line of the incorporated village of Portsmouth (being the south line of Saginaw Street, in Farmer's plat of Portsmouth;) if extended westerly would cross the center of said river, thence easterly, parallel with the south line of section twenty-nine, and the south line of sections twentyeight and twenty-seven, to a point in section thirty-four directly south of the quarter post, on the said south line of said section twenty-seven; thence north on the quarter line of said section thirty-four, and sections twenty-seven, twenty-nine and fifteen. to the center of Saginaw river, thence southerly along the center of said Saginaw river to the place of beginning; be, and the same is hereby set off from said townships of Portsmouth and Hampton and declared to be a city by the name of Bay C(ity, and by that name may sue and be sued, implead anid be impleaded, complain and defend in any court of record or place whatsoever; may have a commnon seal and alter it at pleasure; and may take, hold, purchase, lease, convey and dispose of any real, personal and mixed estate for the use of said corporation. SEc. 2. Said City shall be divided into five wards. The first Wards. ward shall include all that portion of the said city lying north of the continuous line of the center of Second street; the second ward shall include all that portion of said city lying between the contin 2 BAY CITY CHARTER. uous line of the center of Second street, and the continuous line of the center of Center street; the third ward shall include all that portion of the said city lying between the continuous line of the center of Center street, and the continuous line of the center of Tenth street; the fourth ward shall comprise all that portion of said city lying between the continuous line of the center of Tenth street, and the continuous line of the center of Fifteenth street; the fifth ward shall comprise all that portion of said city lying be tween said last mentioned line, and the south line of said city, as hereby established. Offieers to SEC. 3. The following officers of the corporation shall be elect be elected. ed at the annual city election, on a general ticket by the qualified electors of the whole city, viz: A Mayor, one Comptroller, who shall be ex-officio Assessor of the city; one Recorder, who shall be ex-off.cio a member of the Board of Supervisors of the County of Bay; one Treasurer, who shall be ex-oficio Collector, and three Justices of the Peace, as follows: The Mayor and Treasurer shall be elected annually, and hold their office for one year, and until their successors shall be elected and qualified; the Recorder in each alternate year, and shall hold his office for two years, and until his successor shall be duly elected and qualified; and one Justice annually, who shall hold his office for the term of three years, and until his successor shall be elected and qualified, and whose term of office shall commence when he shall be elected and qualified, according to the provisions of this act, and whose powers, duties and liabilities shall be the same as Justice of the Peace of the townships of the said County of Bay; the Comptroller shall be elected at the annual election in eighteen hundred and sixty-nine, and at the annual election every second year thereafter, and who shall hold his office for two years, and until his successor shall be elected and qualified. SEC. 4. At the annual election to be held in said city in the Officers to year eighteen hundred and sixty-nine, there shall be elected two be electe-IAlemni n lec6te1 Aldermen in each ward, by the electors thereof, one of whom shall hold his office for the term of one year, and the other for the term of two years, and until their successors shall be elected and quali fied; and the term for which the person voted for is intended, shall be designated on the ballot, and at each annual election there after to be held, one Alderman shall be elected in each ward by the electors thereof, who shall hold his office for the term of two years, and until his successor shall be elected and qualified. At each annual election, there shall be elected in each ward, by the electors thereof, one Supervisor and one Constable, who shall hold their offices for the term of one year, and until their successors shall be elected and qualified; each of the said Supervisors shall be the Supervisor of the ward for which he is elected, with all the powers of Supervisors of townships in this State, and subject in all respects to the provisions of law regulating the duties of township Super visors, except as in this act otherwise provided. BAY CITY CHARTER. 3 SEC. 5. The annual election under this act shall be held on the Election first Monday of April of each year, at such place in each of the sev- wnden held eral cards as the Common Council may designate. Notice thereof shall be given by the Recorder at least eight days before the election, by publishing the same in some newspaper published in said city. The Aldermen and Supervisor of each ward shall be inspectors of such election, and they shall also be inspectors of the State and County elections, and shall choose the clerk thereof; and in case of the absence of one or more of such inspectors, or if no inspectors have been elected or appointed, the electors present may choose viva voce from their number, one or more to fill such vacancy or vacancies, to whom shall be administered the constitutional oath, by either of said inspectors, or by any Justice of the Peace. The manner of conducting all elections, and canvassinig the votes and qualifications of electors in the several wards, shall be the same as that of townships, the word "ward" instead of " township" being used in the oath to be administered to an electur in case his vote shall be challenged; PROVIDED, That at such charter election etificate the said ward inspectors shall make one certificate of the number of Election. Of votes given for each person for the several offices to be filled in and for said city, and also one certificate of the officers elected in and for each ward. which certificate shall be immediately filed in the office of the Recorder of said city, and upon Thursday next following the day of such election, the Common Council shall Common meet at the office of said Recorder, and thereupon-determine who, Council to by the greatest number of votes given in the several wards at such deerlnted ~,-: ~~~~~~~~who elected. election, are duly elected to fill the respective city offices. And it shall be the duty of said Recorder, immediately after such deternination, to cause notice to be given to each of the persons elected of their election, and each of said officers so elected and notified, shall, within ten days thereafter, take and subscribe the constitu- Officers to tional oath of office before any person authorized to administer qualify. oaths, and shall deliver the same to the said recorder, who shall file the same in his office; PROVIDED, That in case of the election of one or more Justice of the Peace, the said Recorder shall make a certificate thereof, and cause it to be delivered to the County Clerk in the same manner as is required of township clerks; and in case two or more shall receive for the same office, an equal number and not a plurality of votes given at such elections, the Common Council shall immediately pioceed to determine by lot between the persons receiving the highest number of votes, which shall be considered elected to such office. In case any of the officers elected shall neglect, for the term of ten days, to qualify as aforesaid, the office shall thereby become vacant. S gc. 6. The Mayor, Recorder and Aldermen, when assembled Common together and organized, shall constitute the Common Council of Council. Bay City, and a majority of the Aldermen elect, with the Mayor or Recorder, shall be necessary to constitute a quorum for the Quorum. transaction of business, (but a less number may adjourn from time to 4 BAY CITY CIIARTER. Meetings time and the Common Council may be summoned to hold their meetwhen to be ings at such time and place as the Mayor, or in case of his absence held. or inability from any cause to act, the Recorder may appoint. The Members Common Council shall have power to send for and compel the atattendance tendance of any of their members, and to impose, levy and collect compelled. such fines as they may deem proper, not exceeding five dollars, for the non-attendance at any meeting of any officer of the corporation Mayor, who has been notified to attend the same. Tile Mayor shall preduties of side at all meetings of the Common Council, and the Recorder shall keep a record of the proceedings of the same, but shall have no Recorder, right to vote on any question, and in case of the absence of the duties of. d o Mayor or Recorder from the meeting, the members present may appoint a President or Recorder, pro teaplore, The Mayor, or, in his absence, the Recorder, shall not be entitled to a vote, except in Aldermen, case ot a tie, and no Alderman shall be allowed to vote on any when not question in which he has a direct personal interest, but upon all entitled to vote. other questions hlie shall vote. Se:c. 7. The Common Council shall have power to appoint an Common Attorney, a Street Commissioner, a Director of the poor, a MarCouncil, shal, a Chief, and one or more assistant engineers for the fire depowers of partment, and such other officer whose election is not herein spe cially provided for, as they may deem necessary to carry into effiect the powers granted by this act, and to remove the same at pleas uiire. They shall also have power to remove from office any of its own members, or any other officer holding office by election, except the Mayor, Recorder and Justice of the Peace, for corrupt or wil ful mal-feasance or misfeasance in office, or for wilful neglect of the duties of his office, or for any violation of any of the ordinances of the Common Council, by a vote of two thirds of all the Aldermen elect; and in such case, the reason for removal shall be entered in the records of the Common Council, with the names and votes of the members voting on the question. No officer holding office by election shall be removed by said Council unless first furnished with a copy of the charges against him, in writing, and allowed to be heard in his defense with aid of counsel; and the Common Council shall have power to issue subpoenas to compel the attend ance of witnesses, and the production of papers when necessary, and shall proceed within twenty days after service of a copy of the charges, to hear and determine the same. If such officer slall neg lect to appear and answer to such charges, his default may be deemed good cause for removal. Resigns- SEC. S. Resignations of office shall be made in writing to the tions. Common Council, and subject to their approval and acceptance. In case of the death, resignation, removal from office, neglect to qualify, removal from the city or the ward for which he has been elected, or permanent disability to perform the duties of his office, acance of any officer holding by election, except judicial officers, the Com mon Council shall appoint some person eligible under this act, to serve in such office until the next annual eleetion, and his succes BAY CITY CHARTER. 5 sor is elected and qualified; and atsuch annual election, the vacancy shall be filled for the residue of the official term. They may also fill any vacancies in office held by appointment under this act. Common SEC. 9. The Common Council, in addition to the powers and Council duties specially conferred on them by this act, shall have the man- powers of. agement and control of the finances, rights and interests, buildings Finances and all property, real and personal, belonging to the city, and make and proper ty of city. such orders, by-laws or )rdinances relating to the same, as they By-Laws shall deem necessary and proper. They shall also have power and Ordiwithin the limits and jurisdiction of said corporation: FIRST, nances. To provide for and preserve the purity and salubrity of the waters Salubrity of of the Saginaw River; to prohibit and prevent the depositing there- River. in of all filthy and other matter tending to renider said water itn- Preserve pure, unwholesome or offensive; to preserve and regulate the nay- Navigation igationi of the said river and other navigable waters within the limits of said city; to prohibit and pievent the depositing or kleeping therein, any structure, earth or substance tending to obstruct Remove or impair the navigation thereof, and remove all obstructions that tobstruc tions in may at any time occur therein, and to direct and regulate the River. stationing, anclioring, mooring, shifting and moving of vessels, and Vessels. laying out of calrgoes and ballast from the same, and to appoint so Rarbor many harbor masters as they may deem necessary, and to pre- Masters. scribe their powers, duties and compensation. SECOND. To Li- License cense, continue and regulate so many ferries and bridges, from Ferries and Bridges. within said city, to the opposite shore of Saginaw River, for carrying and transporting persons and property across said river in such manner as shall seem most conducive to the public goo.d. THIRD. Public To erect, repair and regulate public wharves and docks, at the ends enharves t of streets, and on the property of the corporation; to regulate the erection and repair of private wharves and docks, so that they Private t wharfs. shall not extend into the Sagioaw 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, sleighs, sleds or other vehicle, dray or thing whatsoever. FOURTH. To lease the wharves and wharfinig privileges at the ends Lease of streets, on the Saginaw River in said City, upon such terms and of wharves conditions, and under such covenants, and with such remedies in on ends of case of non-performance as the Common Council may direct; but streets. no building shall be erected thereon, and no le:ise thereof shall be executed for a longer period than twenty years, and a f-ee passage shall at all times be secured for all persons, with their baggage, over said public wharves. FIFTHI. To provide for the draining of any swamp, marsh, wet or low lands in said city, or within the Drainage of distance of three miles therefrom, by the opening of ditches; but wet land. a jury of not less than twelve disinterested fieeholders of the county of Bay, before any proposed ditch can be opened, shall ascertain that the opening thereof is necessary or proper; also whether the benefit which will accrue to the owner or owners of land from the opening of the ditch, will or will not be equal to any ~~6 ~ BAY CITY CHARTER. damages he or they will sustain thereby; if such benefits are ex ceeded by the damages, they shall ascertain and certify the dama ges to which the owner or owners will be entitled after deducting therefrom the amount of benefit their lands will receive from the opening of the proposed (]itch. On payment or tender of the dam ages thus ascertained and certified, the Common council shall have the power to enter upon any land through whichli the proposed ditch will run, with thle necessary agents, teams and implemrents to cut and open said ditch, to protect, clean, and scour it firom timne to time. so as to preserve its original dimensions, and to pro hibit and prevent all obstruction thereof, or inIury thereto. SIXTH. Fire limits. To prohibit and prevent the location or construction of any wood en or frame house, store, shop or other buildiing on such streets, alleys and places, or within such limits in said city, as the Com mon Council may, from time to time prescribe; to prohibit and prevent the removal of wooden or frame buildings from any part of said city to any lot in such streets, alleys and places, or within said limits, and the renuilding of the same; to prevent the rebuild ing of wooden buildings on said streets, alleys and places, or with in said limits, when damaged by fire or otherwise. SEVENTH. To Inspectors. appoint one or more inspectors, measurers, weigh,ers and gatugers of articles to be measured, inspected, weighled and guaged; to prescribe and regulate thleir powers and duties, feesand comiipensation. ErIGHTH. Paupers. 1 a To provide for the protection and care of paupers, and to prohibit and prevent all persons from britnging, in vessels or in other mode, to said city, from any pauper or other person likely to become a City Hall. charge upon said city, and to punish therefior. NINTH. To erect and provide for the erection of a City Hall, and all needful build ings and offices for the use of the corporation or of its o(fficers, and to control and regulate the same, and to purchase the necessary Public real estate on which to erect the same. TENTH. To prevent vice Peace. and immorality, to preserve public peace and good order, to apPoliceiorce. point, organize, regulate and maintain a police of the city; and to prevent and quell riots, disturbances and disorderly assemblages Disorderly and conduct. ELEVErNTH. To restrain and prevent disorderly anid gamring houses. and gaming houses. and houses of ill fIthee, the holding, keeping or using of all instruments and devices used for gamiiig, and to prohibit all gatnin) and fraudulent devices, and regulate or restrain I illiard License sale tables and bowling alleys. TWELFTH. To prevent the vending or of si)iritu- giving away of spirituous or fermented liquors, and to license and regoas liquors. ulate the sale thereof, whenever such sales shlall hereafter be author ized by the law of this State. THIRTEENTH. To apprehend, restrain Drunkards and prosti- and punish all drunkards, vagrants, mendicants, street beggars, prostutes. titutes and persons soliciting alms or subscriptions for any purpose, and to puJnish and prevent all intoxication and disorderly conduct. Circuses, FOURTEENTH. To prohibit and prevent, or license and regulate c the public exhibition by itinerant persons or companies of natural or artificial curiosities, caravanls, circuses, meneageries, theatrical representations. concerts, musical entertainments, exhibitions of BAY CITY CHARTER. 7 common showmen, and shows of any kind. FIFTEENTH. TO pro- Nuisances hibit, prevent, abate and remtove a.ll nuisances within said city, toprevent and to compel the owner or occupant of any grocery, tallow chan dler's shop: butcher's shop or stall, soap factory, glue factory, tan nery, slaughter house, stable, privy, hlog-pen, sewer or other offen sive house or place, to cleanse, remove or abate the same as often as they may deem necessary for the health, comnfort and conve nience of the inhabitants of the city. SIXTEENTH. To direct and regulate the l(;cation and maintainance of all slaughter-houses, Slaughter markets and buildings for storing gun-powder and other combusti- houses.gun ble substances, and to prohibit or regulate the buying, selling, keep- powder, &c. ing for sale, storing and transporting gunpowder, naptha, saltpetre, benzine, benzo!e, petroleum. kerosene oil, fire crackers, fire-works, and all other combustible substances, and the using thereof, the use of lights in barns, stables and other buildings, and the making of bon-fires. SEVENTEENTH. To prevent the encumbering or ob- Obstruc structic,n of streets, side or cross-walks, V,ines, alleys, bridges, tions in wharves or slips in any manner whatsoever, and to compel pertsons street- &dc. Ownling or occupying adjoining premises. to keep the streets and side-walks in front of such premises free from dirt and obstructions. EIGHTEENTH. To prevent immoderate riding or driving in any Immodestreet, to compel persons to fasten or secure their horses, oxen or rate riding. other animals while standing in any of the streets, lanes or alleys of the city, and to prevent persons from riding or driving, upon or across any side-walk, and to compel all persons to keep side walks in front of premises owned or occupied by them, clear from snow, dirt, wood or other obstructions. NINETEENTH. To prevent andD regulate the riunning at large of dogs; to impose taxes for tlhe keep- Dogs. ing of dogs; to require them to be muzzled. and to authorize their destruction when running at large in violation of any o-)rdinance. TWENTIETHi. To restrain and regulate the use of locomotives, en- Regulate lo gines and cars upon the railroads within the city, and to determine, comotives, designate or cause to be changed, the routes and grades of any and.change ~~~~~~~~~~~~~~~~~~~ - ote. railroad, now in, or hereafter to be laid in any street in said city. TWFENTY FIRST. To prohibit and prevent any indecent exposure Indecent of the person, the show, sale or exhibition of any indecent or ob- exposure, scene books, pictures or pamphlet, and all indecent or obscene ex- shows, &c. hibitions or shows o)f any kind, and all indecent, immoral, profane or disorderly) conduct or language, and to prohibit or regulate the bathing in any public waters, within or adjoining said city. TWENTY-SEC(OND. To establish, regulate and maintain one or more Pounds pounds, and to restrain and prevent or regulate the running at large of horses, cattle, swine and other animals, geese and poultry, and to authorize the itnpounding and sale of the same for the penalty incurred, and the cost of keeping and impounding. TWENTY- Gaming THIRD. T''o prevent every species of gaming, and to prevent the and violaviolation of the Sabbath, and the disturbance of any religious con- tion of Sab bath, to pregreg,ation, or any other public meeting assembled for any lawful vnttpre purpose. TWENTY-FOURTH. To protect and regulate all cemeter 8 BAY CITY CHARTER. Regulate ies or grave-yards within the city. and all such without the limits cemeteries. of said city, as such corporation may acquire, and to regulate the burial of the dead, and the keeping of hills of mortality. TWENTY Fith. FIFTH. To prohibit the bringing or depositing within the limits Filth.I of said city any dead carcass or other unwholesome or offensive substance, and to provide for the removal or destruction thereof, Market wheresoever found. TWENTY-SIXTH. To lay out, establish, make, places, alter and regulate market places and public parks or grounds, and parks, &c regulate the tneasurin(,, and solling of fire-wood, and the weighing and selling of hay. and the selling of meats, vegetables, fish, fruits and provisions of all kinds. TWENTY-SEVENTH. To regulate the shade trees, setting of awning and other posts, and to direct and regulate the &c. planting of shade or ornamental trees in the streets and other public grounds, and to provide for the preservation of the same. Call meet- TWENTY EIGHTH. To provide for calling of meetings of the electings of ors of the city, and to determine and reaulate the compensation of electors. all officers elected or appointed under this act, except as is herein Compensa- otherwise provided; but the comnpensation of no officer fixed by tcersnf an annual or periodical salary, shall be increased or diminished during the term for which he wxas elected or appointed, unless by Regulate a three-fourths vote of the Common Council; to authorize and fees& costs. regulate the demand and receipt by officers of such fees and costs, and in such cases. as the Common Council shall deem reasonable, and to prescribe, fix, determine and retgulate the powers an(d du ties of all officers of the city, subject to the provisions of this act. Establish TWENTY-NINTH. To survey, ascertain and establish the boundaboundaries. ries of the city, and of all highways, streets, avenues, lanes, alleys, parks, squares and spaces in said city; to prohibit and remove all encroachments upon the same in any manner, and to number the License, ho- buildings. THIRrTIETH. To license and regulate the keeping of tels,saloons, hotels, taverns and other public houses, groceries and keepers of ordinary saloon al,d victualing and other houses, or places for futr nishing meats, food or drink, and to regulate and restrain the keepers of billiard tables and bowling alleys; also to license and regulate or prohibit auctioneers, hawkers, pedlers and )pawn brok ers, and regulate auctions, hawking and pawnbrokerag,(. THIRTYLicense FIRST. To license and regulate butchers, and keepers of shops, butchers. stalls and stands for the sale of meats, vegetables and provisions of Draymen. all kinds, and all draymen, common teamsters, hackmnen and all persons who carry or transport persons or property for hire; to designate stands tor all carriages, carts or drays used in carrying persons or property for hire, and prescribe their fare and compen Measures sation. THIRTY-SE:COND. To regulate the weights and measures and weights used in the city; to appoint one or more sealers of weights and measures, and prescribe the duties and powers thereof, and the penalty for using false weights andmeasures, not conforming to the standard as established by the laws of this State. THrRTY-THIRD. Taxes. To assess, levy and collect taxes for the purposes of the corpora tion upon all property made taxable by law for State purposes, BAY CITY CHARTER. 9 which taxes shall be a lien upon the property taxed, until paid; to appropriate money, provide for the payment of the debt and expenses of the city, and make regulations concerning the same. THIRTY-FOURTH, To punish all offenders for violations of, or of- To punish fences against this act, or any by-law or ordinance of the Common offenders. Council, adopted or passed under this or any other act of the Legislature, by holding to bail for good behavior, by imposing fines and co-ts, and by imprisonment in the jail of Bay County, or any jail, prison or work-house of said city, or by either, in the discretion (of the court or magistrate before whom such conviction may be had. If only a fine be imposed, with or without costs, the offender may be sentenced to imprisonment until the paynent thereof, for a term not exceeding three months. All punishment for offences against the ordinances of the Common Council, sh~all be prescribed in the ordinance creating or specifying the offence to be punished, and no fine shall exceed three hundred dollars, and no imprisonment shall exceed one year. THIRTY-FIFTH. To employ May emall persons confined for the non-payment of any fine, penalty, for- ploy perfeiture or costs, or for any ofbence under this act, or any ordinance sons in jail. of the Common Council, in any jail, work. house or prison, at work or labor either within or without the same, or upon any street or public work, under the control of the Common Council; to allow any person thus confined for the non-payment of any fine, penalty, forfeiture or costs, to pay and discharge the same by such work and labor, and to fix the value and price of such work and labor. The said Commnon Coulncil shall have power to make all such other by- Powerto laws, ordinances and regulations, as they deem necessary for the make bysafety and rood government of the city, and to preserve the health laws andorand protect the persons and property of the inhabitants thereof. dinances. They shall also have power to purchase for the use of the city, so much land without the limits of the city, as may be required for urbchase land for the purpose of a ceietery, the same to be located, not exceeding cemetery. four miles beyonid thw boundary of the city, and in case said Council is unable to agnee with the owner or owners for the purchase of such land, they shall have the right to acquire the title to the same for the city, in the manner and by the proceeding, as near as may be. as is prescribed in this act relative to laying out or altering str(ets, lanes or alleys. SEC. 10. The Common Council shall have power to make all May make such by-laws and ordinances as they shall deem necessary and by laws, &c. plroper, to secure said city and the inhabitants thereof, against injuries by fire; to compel the owners or occupants of buildings to procure and keep in readiness such number of fire buckets as they Fire (o's. mqy direct; to establish, maintain and regulate all such fire engine, hook and ladder and hose and bucket companies as they may deem expedient; to construct reservoirs, and provide such companies with necessary and proper buildings, engines and other implements, to prevent and extinguish fires; to appoint from among the inhabitants of said city, such number of persons, not 10 BAY CITY CHARTER. exceeding eighty to one company, as are willing to accept, or may be deemed proper to be employed as firemen; and every such com pany shall have power to appoint its own officers, and to pass by laws for its organization and government, subject to the approval of the Common Council; and to impose and collect such fines for the non-attendance or neglect of duty of its members as may be deemed necessary and propel; and every person belonging to such company shall annually obtain from the Recorder, a certificate, which shall be prima faciat evidence of his membership for one year from the date thereof. Every member of such company, during his membership, shall be exempt from service on juries, from mili tary duty in time of peace, and from payment of a poll-tax. SEC. 11. It shall be the duty of each company to keep in good order and repair, its fire-engine, hose, ladder and other implements, to assemble at least once in each month for the purpose of working its engine; and upon any alarm or breaking out of file within said city, each company shall forthwith assemble at the place of such fire, with its fire-engine and implements, and be subject to the or ders of the chief engineer of the fire department. SEC. 12. UponI the breaking out of any fire in said city, the Marshal to Mar.hal shall immediately repair to the place of such fire and aid repair to fires. and assist as well in extinguishing the fire as in preventing any goods or property from being stolen or injured, and in protecting, removing and securing the same, for which purpose, and as Chief of Police, he may require the assistance of all by-standers; and in the performance of his said duties, the Marshall shall, in all respects, be subject to the order of the Mayor, or such of the Aldermen as may be present. SEC. 13. The Common Council shall have power, and it shall Common be their duty to adopt measures for the preservation of the public Council to health of said city; to restrain or prohibit the exceri-cise of any adopt measures for unwholesome or dangerous avocation within the limits of said city; public to establish a board of health, and to invest it with such powers, ealth. and to impose upon itsuch duties as shall be necessary to secure the inhabitants of said city from contagious, malignant and infec tious diseases; to provide for its proper organization, and for the appointment of proper officers; and they shall have authority to make all such by-laws and regulations for the government of such board of health, and for the preservation of the health of the in habitants of said city, as shall secure a prompt and efficient dis charge of the duties imposed upon the Common Council by this act. SEC. 14 The Common Council shall have power to regulate the Work upon times and manner of workiing upon the streets, lanes and alleys in streets, &c. said cityv; to provide for the grading, planking or paving and rail ing the side walks, and to prescribe the, idth thereof; to prevent Lay out, the obstruction or encumbering of any of the streets, lanes, alleys, open, tnd side-walks or public grounds in said city; to lay out, open, make, vacate vtreete. grade and repair streets, lanes and alleys, and the same to alter BAY CITY CHARTER. and vacate, and to alter or vacate those already laid out; PRoVIDED, That before any street, lane or alley shall be vacated or altered, the person or persons applying therefor shall give public notice, specifying the time and place at which such application will be made, by causing the same to be published in a newspaper Notiee. published in said city for three successive weeks, and by personally serving upon each owner residing in said city, or occupant of any lot or part of a lot contiguous to such street or alley proposed to be altered or vacated, a copy of such notice upon hearing of such application, all parties in interest shall be entitled to be heard, in Parties person or by counsel, and no street or alley shall be vacated except shall be upon sufficient cause shoewn, and with the concurrence of three. fourths of the Aldermen elect. If in laying out or altering any street, lane, alley or hilhway, the Common Council shall require for such purpose the ground of any person, they shall give notice thereof, to the owners or persons interested, or his or their agent If ground required, or represe.tative by personal service or by written notice, posted notice. in three of the most public places in said city, at least three weeks next preceding the meeting of said Common Council for the purpose afoibresaid. And the Common Council are authorized to treat counciland with such person or persons for such ground or premises; and if ownermay agree. such person or persons shall refuse to treat for the same, or if the parties cannot agree therefor, it shall and may be lawful for the Mayor or Recorder or any justice of the peace of said city to issue venirefacias, to command the Marshal of said city to summon and venire return a jury of twelve disinterested freeholders, to be taken with- facias. out the limits of said city, to appear before said Mayor or Recorder or any Justice of the Peace of the city, at any place therein to he stated, to inquire into and determine the necessity for using such grounds, and the just compensation to be paid therefor to the owner or owners of, or parties interested in said grounds or premises, which jury being first duly sworn by said Mayor, Recorder or Pay to be Justice, faithfully and impartially to inquire into the necessity sworn. for taking or using such grounds, and to ascertain and determine thile just compensation to be paid therefor; and, having viewed the premises, if necessary, shall enquire of and assess such damages and recompense as they shall judge fit to be awarded to the owner or owners, or the parties interested in such ground or premises, for their respective injuries, according to the several interests or estates therein; and the said Mayor, Recorder or Justice shall, upon Onverdict, the return of such assessment or verdict, enter judgment therefor be entered, confirming the same; and the determination of such jury as to the and be connecessity of taking such private property for public use, shall be clusive. final and conclusive; the Comnmon Council shall pay or cause to be paid the several sumis so awarded to the party or parties entitled J idgmen. thereto, out of the special improvement fund, if there are sufficient e paid. mrnoneys in the Treasury belonging to that fund to pay the same; if there are not suficient of said moneys in the said Treasury to paysaid award, the Common Council shall cause an order to be drawn on !12 BAY CITY CHARTER. such fund drawing interest at seven per cent., and payable at some future day, and within one year from date, as a security to the person or persons to whom such compensation shall be awarded, for the amount of such compensation so awarded to him or them, and shall deliver the same to such person or persons or his or their agent or attorney. It shall thereupon be lawful for said Common Council to cause such grounds to be occupied for the purposes Party may aforesaid, PaRoVIDED, That any party claiminig damIages as aforeappeal as to said, may have the right to remove such proceedings as to the amount of damages. amount of damages to be awarded, by appeal, to the Circuit (Court or any court of competent jurisdliction. upon giving notice of his, or her, or their intention so to do, to said Mayor, Recorder or Justice, in writing, within ten days. or in case of the absence of said party from said city at the time of the rendition of said judgment, then, within thirty days after the verdict of such jury, and the judgment of said, Mayor Recorder or Ju,stice, as aforesaid, and uponl filing a transcript of the proceedings aforesaid, duly certified by said alyor, Recorder or justice, within forty days after the verdict and judg mont, as aforesaid, in the Circuit Court or any other Court of record, having appellate jurisdiction, the same proceedings shall be had as is prescribed by law in other cases of appeal; PRIOVIDED, That, it the final judgment for damages shall not exceed the dam ages assessed before the Mayor or Recorder, at least twenty-five dollars, then the party appealing shall pay all costs occasioned by such appeal. eJection. SEC. 15. The Common Council shlall be the judge of the elecelection. Contested tion and qualifications of its own members, and shall have the elections. power to determine contested elections, to compel the attendance of Rules of absent members, to determine the rules of its proceedings, and proceed- pass all by-law-s and rules necessary and convenlent for the tranings. saction of business, and not inconsistent with the provisions of this Appointments and act. assessments SEC. 16. All appointments to office shall be made, and all asby vote of allAlder- sessments be ordered by a majority vote of all aldermen elected; men elect. and removals from office shall be made by the like vote, except in Removals Removals cases where, by this act, a different vote may be required. May require bond from SEC. 17. The common Council may, at any time, require an ofofficers. ficer, whether elected or appointed, except judicial officers, to ex ecute and file with the Recorder of the city, new official bonds, in the same or in such further sums, and with new and such further securities as said Council may deem requisite for the interests of the corporation. Meetings to SEC. 18. All meetings of. the Common Council be public, and it be public. shall be caused to be kept a record of its proceedings, which, with all other records of said city, shall be o(pen to public inspction at. Ordinances reasonable times. The concurrence of a majority of all the Aldercertain to men shall be necessary to pass any ordinance, andi no ordinance, h a ve twothird votes, granting rights, privileges or franchises to any person or corporation BAY CITY CHARTER. 13 shall be adopted, amended or repealed, without the concurrence of two-thirds of all the Aldermen. SEC. 19. Tile comnmon o unciball have power to cause the Street ex expense of making, gradingfl,5'ig d opening streets, lanes and pense,. alleys, of grading. paving or planking sidewalks, or mnaking drains Side-walks. and sewers, and other local improvements to be assessed against the owners or occupants of the lots or premises which are in front ol, or adjoining such imptovemens, and against any other lot or premises which, in the opinion of the Council are benefited there Or by gene ral tax. by, or by general tax, or in part special and in part general tax, as they may deem just and proper. and the Common Council shall have power to make all by-laws and ordinances, relative to May make the mode of assessing, levying and collecting such tax, and they ordinances may, by such by-laws and ordinances, provide that the real estate relative -. ~~~~~~~~~~~~~~~~~~~thereto. assessed for such improvements, may be sold to pay such assessment. SEC. 20. The Common Council shall have power to assess and collect from every male inhabitant of said city, over the age of twenty-one, and utinder fifty years, (except paupers. idiots, lunatics, Polta IPoll-tax. and all others by law exempt,) an annual capitation or poll-tax, not exceeding one dollar; and they may provide by their by. laws or ordinances, for the collection o,f the same; and the money raised by such 1)oll-tax, shall be expended under the direction of the Common Council. SEc. 21. The Common Council of said city is hereby authorized Council to an(] required to perform the same duties in and foi-r said city, as perform du yties oftownare by law imposed upon the township boards of the several town- shlp boards ships in this State, in reference to school taxes, county and State in certain taxes, the support ()t the poor, and State, District and County case. elections; aid the Supervisors, Justices of the Peace, Recorder, Dii-ector of the Poo,,r, and all other officers of said city who are required to pI)erforin the duties of township officers of this State, shall take the oath, give the b)nds, perform like duties, and receive the same pay, and in the same manner, and be subject to the same liabilities. as is provided for the correspo-nding township officers, except as is otherwise provided in this act, or as may be provided by Not to atthe ordinances of the Common Council; PROVIDED,''Thlat nothing feet Union contained in this chareer shall be deemed in a,y manner to affect School Dist. or modifv tile provisions of an act entitled, "an act t o organize o Bay City. Union School District of Bay City,'" approved March 20th, 1867, Justice'sand PROVIDED, further, That the jurisdiction of the Jus.tices of jurisdictio. the Peace, as conferred by law, and by this charter, shall not be restricted( by the Common Council. Style oor SEC. 22. The style o(f all ordinances of tlie Common Council dinanees. shall be, "It is hereby ordained by the Common C.uncil of Bay Proseeu itien to be City;" and all prosecutions from offences arising under this act, or in name of any ordinance or regulation of the Common Council, shall be in the Bay City. name of Bay City. SFc. 23. For the purpose of defraying the expenses and all lia: 14 BAY CITY CHARTER. Taxes, ex- bilities of the city, (except the bonded debt thereof and interest Pienbesitesd thereon) and paying the same, the Common Council may raise an nually, by tax levied upon the real and personal property within said city, such sum as they may necessary, not exceeding two per cent. on the valuation of such real and personal estate within the limits of said city, according to the valuation thereof: taken from the assessment roll of the year preceding tbe levying of such tax; and the Common Council may, in addition thereto, levy such sum, not exceeding one per cent. of the valuation of the preceding year, Highway as they may deem necessary for highway purposes, which shall be purposes. raised assessed and collected in the same roll, and in the same Additional manner as the other city taxes. If the said Common Council shall tax by vote, deem it expedient, for the purposes of the city, to levy a larger tax notice required. than is allowed by this section, they may, by giving ten days no tic(, by publishing the same in a newspaper published in said city, and posting a notice thereof in three public places in said city, call a meeting of the inhabitants of said city, at some place therein, who may then and there vote to levy, assess and collect a further money tax upon all the real and personal property in said city, in such sum as the meeting shall direct, and such tax shall be levied, assessed and collected in the same manner as is provided for the None but levying and collection of the other city taxes mentioned in this looldperstyo act; PROVIDED, That no person shall vote at such meeting who is vote. not a property holding tax-payer in said city. The Mayor of said -Mayor to city shall preside, or in his absence, the then acting Mayor, shall preside. preside at such meeting. State, coun- SEC. 24. All State, county and school taxes in said city, and all ty, school city and highway taxes which shall be raised by general tax, shall and High. way tax, be assessed and levied upon the same property, and collected, as raised by - near as may be, in the same manner as is provided by law for the gonewral tx asses- assessment and collection of taxes by township officers, except sed and lev- as herein otherwise provided, and all the proceedings for the reied. turn, sale and redemption of real estate, for the non-paymrent of taxes, shall be in conformity with the proceedings for the return, sale and redemption of real estate by township officers, except as Taxes for herein otherwise provided. speeific pur- SEC. 25. The Common Council may be authorized by a vote of poses maed by the property holders of said city, in the same manner as is provibe raised by vote. ded in section twenty-three, to raise a tax for any specific purpose; Council to and, when so authorized, it shall be lawful for the Common Coun — apportion cil to apportion such tax upon the property. according to the valutaxes. ation, as contained in the last city assessment roll, and shall place the tax in a column opposite the valuation of the property, and Deliverro]l when such roll is completed, the Recorder shall make and deliver to Treasur- a copy thereof to the city Treasurer, together with a warrant signed by the Mayor and Recorder, cammanding the Treasurer to Warrant collect the same, and make return of his proceedings by virtue of how signed. said warrant, within a time in said warrant to be specified, not less than thirty, nor more than ninety days from the date thereof; and BAY CITY CHARTER. 16 it shall be the duty of the treasurer to collect said taxes within the time specified in such warrant, or within such further time as the Common Council by resolution may direct, or said tax may be spread upon the roll, and collected as provided in section fortythree of this act. SEC. 26. The Common Council may, by ordinance, provide for Me pass ordnances the collection of all taxes and assessments. necessary to be raised, for coilecother than such as may be raised, as provided in section twenty- tion of cerfour, and for the sale of any real estate for the non-payment of tain taxes. such tax or assessment, and for the redemption thereof; PROVIDED, To be in acThat all proceedings relative to the notice of sale and the time of cordance with Town redemption shall be in conformity, as near as may be, to the pro- Laws. visions of law regulating the notice of sale and redemption of lands delinquent for township taxes, except as herein otherwise provided. SEC. 27. No bond or note, or other obligation or evidence of in- Bn n debtedness of said corporation shall be given or issued by said cor- notes not to poration, except as provided in sections fourteen, forty-nine and begiven. ei hty-five of this act, or by any officer thereof in his official capacity, whereby the said city shall become obligated to pay any sum of money; but the Common Council may endorse on all accounts which may be presented against said city, the amount allowed by them thereon. Council to SEC. 28. The Common Council shall, in the month of March in make stateeach year, make out a detailed statement of all receipts and expen- mentof reditures of the corporation for the past year, which statement shall ceipts and expenses, state particularly upon what account all moneys were received; when. and it shall also specify all appropriations made by the Common Also approCouncil during the year, and the particular purpose for which each priations. appropriation was made. Such statement shall be signed by the Mayor and Recorder, and be recorded and filed in the Recorder's office; a copy thereof shall be published in a newspaper printed in To bepubsaid city for at least two weeks. lished. SEC. 29. The Mayor shall be chief executive officer of Bay City, Mayor to be and conservator of its peace. It shall be his duty to see that all chief execuofficers of said city faithfully comply with and discharge their of- tive of city. ficial duties; to see that all laws pertaining to the municipal gov- Duties of. eminment of said city, and all ordinances and resolutions of the Common Council be faithfully observed and executed;and he shall have power in his discretion to report to the Common Council any violation thereof. He shall, from time to time, give to the Common Council such information, and recommend such measures as he shall deem necessary or expedient. SEC. 30. The Mayor shall, by virtue of his office, be authorized Mayor, to take the acknowledgment of deeds and other instruments in powers of. writing; to administer oaths and affirmations, perform marriage ceremonies, and do all other likle acts, that Justices of the Peace are by law authorized to do, and may affix to any official certificate the seal of the city. ~~16 ~BAY CITY CHARTER. 16 Recorder, SEC. 31. The Recorder shall, by virtue of his office, be a Police owers of. ~olicejust- Justice, with the like powers and duties as Police Justices of said ice. city, as prescribed by this act, and shall give bond and take oath 'Jo give of office as such Justice before entering on the discharge of the du bond. TitleRe- ties thereof; but his title as stlch Justice shall be " Recorder" and corder. his court shall be known as "' Recorder's Court," and shall be held Courtswhen holdit,when in the Recorder's office, or Common Council room. The records of such court and all papers filed therein, shall be delivered by the Recorder to his successor in office, who shall proceed in all cases undetermined without notice to parties. The Recorder shall also Members of be a member of the Board of Supervisors of Bay County, and shall Boupard of be entitled to the same compensation for attending said Hoard iof Supervisors. Supervisors, as is allowed by law to the other members of said Recorder be board, to be paid in the same:annier. clerk of SEC. 32. The Recorder shall be the clerk of the Common CounCommon cil, and shall give bond for the faithful performance of his duties Council. Shall give in such sum as the Common Council shall by ordinance direct; bond. and shall keep a record of their proceedings in the proper books, Keep rKecoPd. provided therefor, and shall open and keel) the books of accounts, record.pioacuts Keep books and such other books of receipt and expenditures as the C,nmmnon of accounts. Council may direct, and in suchi form and minner as they may orShall perform s,ame der. He shall also perform for the city all such duties as towndutiesas ship clerks are required by law to perfo,rm for the several towntownFe erks. Ships, and for such services hlie shall receive the same fees and comFees 1. spsanfo. pensation as they are entitled to receive under the laws of this Mayor and State. lie shall keep a record of any ordinance enacted, and of Recorder to sign ordi- the time of its publication, which record shall be signed t,y the ntices. Mayor and Recorder. No ordinance su jecting any person to fine Ordinances, whedn tae or imprisonment shall take effect until it shall have been published effect. fir at least one week in a newspaper published in said city. Official SEC. 33. All official bonds.f said city, except as herein otherb(,nds.I when filed. Wise provided, shall be deposited with the recorder of thile city for safe keeping, and it shall be his duty to deliver the same to his successor in office. Recorder to SEC. 34. The Recorder shall possess the same powers, and peract as May- form and discharge the municipal duties of- Mayor, during the abo,b when. sence, inability, death. resignition or removal of the Mayor. Recorder, SEC. 35. The Recorder shall be subject to impeachment and subject to impeach- removal from office for corrupt conduct in office, o(r foir crim-s and ment. misdelmeano-s in the same manlier as judicial officers, pursuant to Justices to Justices tothe provisions o,f the constitution of this State. The Justices of perform ju- the Peace of said city, shall possess the judicial powers, and disdicial l,ow- charge the judicial duties of the Recorder, during the absence, iners of Record,-r, ability, death, resignation or removal of the Recorder; and the when. Recorder may, by an order in writing, with notice to the parties, Recorder transfer any cause or suit pending befoltre him, to any such Justice may trans- of the Peace, who shall thereupon have power to proceed in said fer causes to cause, in all respects, the same as the Recorder might proceed parties, when. therein. BAY CITY CHARTER. 17 SEC. 36. It shall be the duty of every Alderman in said city Aldermen, to attend the regular and special mneetings of the Common Council duties ot. to act upon co,mmittees when thereunto appointed by the Mayor Order arest or Common Council, to order the arrest of all persons violating of parties, the laws of this State, or the ordinances, by-laws or police regulations of the city. to report to the Mayor all subordinate officers, who are guilty of any official misconduct or neglect of duty; to maintain peace and good order, and to perform all other duties required of them by this act. Supervisors SEC. 37. The Supervisor of each ward shall have and exercise of Wards, within his waid, all the powers, authorities and functions of Su- duties of. Be member pervisors of townships, as now provided or may be hereafter pro- of Board of vided by law, except as herein otherwise provided, and each of them Supervis'rs. with the Comptroller of said city, shall be a memnbe, of the Board of Compemtrolef bdr Supervisors ot Bay County and as such shall be entitled to the same of Supercompensation, and paid in the same manner as the other members visors. of said board. Annualas sessment. SEC. 38. The annual assessment of taxable property in the city, uompt'r,dushall be made by the Comptroller, at the same time and in the tiesof. same manner as assessments are taken and made in townships in Councilmay this State, except as herein otherwise provided; and PR(OVIDED, regulateand That the Common Council may by ordinance regulate and deter- extend time mine the time and manner of taking such assessments, and inay for taking. extend the time for taking such assessment. Accountsto be verified SEC. 39. The accounts and demands of all persons against the by affidavit city, shall I be verified by affidavit, and shall set forth the items there- Shall set of in detail, which affidavit may be taken and certified by one mnem- forth items. ber of the Council, or other person authorized to administer oaths. Compt'r, SEc. 40. The Comptroller shall perform such duties in relation duties of to the finances, accounts and other matters of the city, as shall be prescribed by ordinance, and shall in addition to his other duties, be the assessor of said city, and as such shall have and exercise within the city, all the powers and duties and authority of Su-Beamem pervisors of townships, as provided by the laws of this State, ex- of bd. of Sucept as herein otherwise provided. He shall be a nmemrnber of the pervisors. Board of Supeivisors of bay County, and shall have a seat in, and May attend Council,and attend the sessions of the Common Coun -il, and may discuss all discuss questions and matters that come before the Council, but shall have questions. no vote therein. Assessment SEC. 41. The Comptroller of said city shall complete his assess- when to be inent of all the taxable prope(rty in said city, on or before the completed. fourth Monday in May, or at such other time as the Common File notice Coui cil may provide, and upon the completien thereof, shall file a otcompienotice of such completion with the Recorder, who shall report the tionofsame. same to the Common Council at their next meeting. Board of re SEC. 42. The Comptroller, Supervisors of said city, and city view, whoj to constiAttorney, shall constitute a Board of review, three of whom shall tute. - form a quorum. They shall have power, and it shall be their duty Dutis of. to examine said assessment, and correct any errors found therein, 18 BAY CITY CHARTER. To add and on cause shown, to reduce, equalize or increase the valuation promittery of any property found on said rolls, and to add thereto any taxable property in said city, that may have been omitted, and to value Meet, when the same. They shall meet at such time and place as shall be ap and where. pointed by the Common Council, of which time and place notice Notice of shall be given by said Council at least two weeks prior to the time each meet ing. of meeting, by publishing a notice thereof ill some newspaper pub lished in said city, and also by posting the same in three public places in each ward of said city, and shall continue in session at least three days successively, and as milch longer as may be neces sary, at least six hours in each day during said three days; and any person desiring so to do, may examine his or her assessment on Rec saior d rolls, and may show cause, if any, why the valuation thereof their pro- should be changed, and the said Board shall decide the same, and cedings to their decision shall be final; and the said Board shall keep a record be kept. of their proceedings, and all changes made by them in said rolls, Assessment and their record shall be deposited with the Recorder. roll to be SEC. 43. The said Comptroller shall deliver the assessment roll delivered to Board of to the said Board of Review at their first meeting, and after the Review. same shall be confirmed by resolution of said Board, to be entered on their record, the said Comptroller shall again take such roll in Toasses to his possession. and cause the amount of all taxes in dollars and taxes. cents authorized to be assessed and collected in each year, for the city, school and highway purposes, and all other corporation taxes not herein otherwise provided for to be ratably assessed to each valuation in said roll, or book prepared for that purpose, to be known as the city tax roll, in separate columns, sho(wing the Tax-roll to mon fh bexderliletord amount of highway, school, city and other taxes, assessed according be delivered to city to this act to each valuation in each year; and when the said tax Treasurer, Iroll has been completed, and on the second Monday of July, the when. Treaeurer, Comptroller shall cause the same to be delivered to the City duties of. Treasurer, who shall give a receipt therefor, and be charged thereParties ay-.ith, who shall retain said tax-roll in his office for forty days; dpay tax during the first twenty days of said forty days, any person assessed within 20 therein may pay the amount of taxes assessed against each person, days, free ofrepcilyfe charge res pectively to said Treasurer, free from any charges or percentage One per for collection; said Treasurer shall receive and give receipt therefor, cent. to be added, atid mark the same paid upon the roll. The Treasurer shall add when. to the sums extended on the roll, the sum of one per cent. as fees for the collection of such taxes and assessments as shall be paid Comptroller during the next twenty days of the said forty days, and within tomakenew ten days after the expiration of the time for the payment of taxes Add peh- to the Treasurer as aforesaid; the Comptroller shall then cause to be centage fix- made out a copy of so much of said assessment roll as remains due ed by Council. and unpaid, filing the original in his office, and shall add such, per centage as shall have been fixed by the Common Council as comComptroller pensation for the collection of such taxes or assessment, not exceedto annex - warrant. ing four per cent, The Comptroller shall annex or attach a war rant to said tax or assessment roll directed to the Treasurer of the BAY CITY CHARTER. 19 city and made returnable upon the last Saturday of October then next following, commanding, him to collect from the persons named in the assessment roll the assessment of taxes therein specified and set forth as due from such persons, and for such purpose if necessary, to levy upon and sell the personal property of such person, occupant or lessee, refusing or neglecting to pay the same whenever or wherever the same may be found within the limits of said County of Bay, and to-pay over and account for the taxes and assessments then collected, according to law. The Comptroller shall charge Warrants the amount of taxes remaining unpaid upon said roll, to the Treas- for collecurer of said city receiving the same, and shall also take a receipt tion oftaxes may rab e extherefor; warrants for the collection of taxes or assessments my mtenbde exd. be extended or renewed from time to time, as the Common Council shall direct. duTreasurer o. SEc. 44. The Treasurer shall receive all taxes assessed for State and Counlty purposes without charging any percentage thereon, until the first day of January in each year. And to that end he is hereby required to deduct from the amounts extended in said roll. all percentage which may have been added in the assessment or extension of taxes thereon, in all cases when the same are paid prior to said first day of January. After the said first day of January, the said Treasurer shall collect the said taxes and assessments as charged in said roll in the manner required by law, subject, however, to the provisions of the next section. The Treasurer of said city, shall retain all sums of money collected in his tox-roll for city purposes; and the said Treasurer shall in all other respects pay over all moneys received in payment or on account of taxes, in the manner and at the timne required by law of the Treasurers of the several townships of this State. Treasurer SEc. 45. The Treasurer shall not be required to call upon the neednot call fon persons persons whose names appear on the assessment roll, or at such fon tarox. person's usual place of residence and shall not be required to de, mand payment of the taxes charged on such tax-roll or list in the collection of any State, County, City or other taxes in said city, but such Treasurer shall, two weeks before the time fixed by law Shall give for the delivery of any tax-roll to said Treasurer, give notice by notic publishing the same in one newspaper published in said city, and by posting the same in three public places in each ward of said city, of the time when such Treasurer will receive such roll, and of the time when by law he will be required to receive the taxes thereon; PlOVIDED, That any defect in said notice, or any omis- Defect in sion to comply with the provisions of this section, shall not invali- notice notto date said tax-roll, or any measures thereafter to be taken to enforce invalidate collection of the taxes thereon assessed, such notice shall be pub- tax. lished in said newspaper for four successive weeks. Council to SEc. 46. It shall be the duty of the Common Council on or be determine amount fore the last Saturday preceding the first day of June, in each year, necessary to determine by resolution the amount necessary to be raised by forcity and t highway tax for city and highway purposes within said city for such year, purposes. 20 BAY CITY CIIARTER. Comptroller and it is hereby made the duty of the Comptroller of said city to to levy levy the sumn so determined upon, and such other taxes as may be same.' required by law upon the taxable property of said city, ill the manWhat pro- ner specifie d in section forty-thlree. No real ori personal property perty exempt. which shall be exempt from taxation by the general laws of this State, shall be assessed for the ordinary city or county taxes, nor shall any public square, park or other public ground be a,sessed After roll for tax or assessment whatever. Confirmed, SEC. 47. When said assessment roll shall have been confirmed Compt'r to make new by the Board of Review as mentioned in section forty-two, it shall copy. be the duty of the Comptroller to make a copy of the same as con firmed, to be certified by the Comptrollei-, and retain the same Roll, what until after the equalization thlerof by the Board ()f Supervisors of Bay County, which is hereby declared to be the assessment roll for all purposes whatever, except for the purpose of extending the assessment roll, for the collection of city taxes as piovided in secDuty same tlon forty-three; and the Comptroller shall extend upon the same as Super- all State and County taxes, certified to him from the Board of visors. Annex war- Supervisors, at the same time and in the same manner as township rant. Supervisors are or may be by law required to do, and shall annex thereto a warrant, signed as provided in section forty-three and in all other respects the same as is or may be by law required in Treasurerto warrants of township Treasurers for the collection of township ormake return, when. county taxes. The Treasurer shall within ten days after the expi ration of his warrant, make a full I return of all taxes collected by him, and of all descriptions of real estate delinquent for taxes, in the same manner as township Treasurers are now, or may be by Returneto law required to make to the county Treasurer, which return shall be Under oath. be made under oath and filed with the County Treasurer, and a copy thereof filed with the City Recorder. The taxes assessed for city purposes upon any real estate of any resident or non-resident, and all legal charges made thereon, shall be a charge against the Taxes wbe Tao bea lien person owning the same, on the second Monday of July, and shall be a lien on said real estate fromt the fifteenth day of November, of the year which such tax was assessed, and all provisions of law respecting the return and sale of property for the non-payment of taxes for State, County and Township purposes shall apply to the return and sale of property for the nonpayment of such city taxes, Treasurer except as herein otherwise provi led. to be collect- SEC. 48. The Treasurer of the city shall be by virtue of his ofor of all taxes. fice, the collector of all the taxes and assessments, both general To give and special, levied and made therein; anid for that purpose, within bonds to bCity and ten days after his election, he shall give bonds to the city, in such County. sum and with such surety or sureties as the Comnmon Council shall require and approve; he shall also give to the Treasurer of the County of Bay, such further security, as is or may hereafter be re quired by law of the several township Treaslirers ofthis State, and for the purpose of the collection and return of all such taxes, and the return of property delinquent for tile non-p)ayment of taxes; BAY CITY CHARTER. 21 the said Treasurer on giving the bonds or surety so required, shall Dutiessame as township possess all the powers, and perform all the duties of the several Treshi township Treasurers of this State, as prescribed by law, and shall also perform such other duties respecting the collection and return MaYtaof taxes as the Commron Council shall require. He shall have shal his power to appoint the City Marshal his deputy, to be approved by deputy. the Common Council and may revokl;e such appointment at his pleasure, which appointment and revocation shall be in writing, and filed in the office of the Recorder, and the deputy may perform the duties of such Treasurer. And said deputy before entering Such depupon the duties of his office, shall give bonds to the city in such uty to give bonds. sum;aid with such surety or sureties, as thile Cotmmrnon Council may requiire and approve. Money in SF.c. 49. All mnone-s drawn from the treasury shall be drawn Treas]ury, hwdrawn. in pursuance of an order o(f the Common Council by warrant signed Warrant, by the Recorder. and countersigned by the Mavor. Such warrant what to istoI.pecify. shall silocify for what purpose the amount named therein is to be reasure r paidl, an( the Treasurer shall keep an accurate account under ap- to keep sepplrol)riate heads of all the warrants paid tby him, and his t)ooks arate accounts. shall be opent to the inspection of any elector of the city at all Treasurer reasonbtt)le hours. Tile Treasurer shall exhibit to the Colll)mmon to make reCouncil at their last regular mieeting in the month of March, and port, when. at such other times as the Council may require, a full and fair accoui,t of the receipts and expenditures from and after the date of the last annual report, an(l also the state of the treasury, which account shall be referred to a committee for examination, and if found to be co,rrect shall be filed. SEC. 50. T'ie Marshal of said city shall before entering upon Marshal to the discharge of the duties of his office, give such security for the give bond. faithlful performance of his duties, as the Comrnon Council shall direct and require; he shall be chief of the police, and it shall be his duty to serve all process, that may be lawfully delivered to Duties of him for service; to see that all the by-laws and ordinances of the Commton Council are promptly and efficiently enforced, and especially those which may be passed to carry into effect the powers granted by section nine of thtis act; he shall obey all the lawful orders of the Mayor, and mnay commnand the aid and assistance of all constables, and all p)ersons, in discharge of the duties imnposed Mayap. point depuupon him by law; he may appoint such number of deputies as, the ties. Common Council shall direct and approve, who shall have the same powers and perform the same duities as the Marshal, except his powers and duties as deputy Treasurer, and for whose official acts he shall be in all respects responsible; and the Marshal and Mavyserve his deputies shall have the -ame power to serve and execute all proces. process in behalf of the corporation of said city, or of the people of this State, as sheriffs and constables have, by law, to execute similar process, and the Marshal may perform all such duties with reference to serving and executing all civil or other process, and attending courts, that constables are by law authorized to perform. 22 BAY CITY CHARTER. Director of SEc. 51. Tbe director of the poor, and city constables shall have Poor, cand the powers, and perform the duties of township officers elected uncity const,ables, duties der the general laws of this Stale, subject to the provisions of this of act; and the police constables shall have power to serve and exe cute all process issued by the Recorder or police Justice, or any Stret Co- Justice of the Peace. missioner, Sic. 52. Thle Street Commissioner shall, under the direction of duties of the Conmmon Council, superintenid thie making, grading, paving or planking, repairing and opening of all streets, lanes, alleys, bridges, sidewalk-, drains and sewers within the limits of the city, in such Shall take manner as he may from time to tine be required, and before entering oath of office, and on the discharge of his duties, and within ten days from the notice give securi- of his appointmieni, shall take the oath of office, and give such secuMayap- rity for the faithful discharge of his duties -is the Common Council point assist- shall direct and require, and he may appoint one or more assistants, ants. who shall be approved by the Council. City Attor- SEC. 53. The City Attorney shall appear in and conduct all ney, duties suits, prosecutions and proceedings in the Recorder's Court, to f which Bay City 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 con duct the case before such tribunal, and shall perform such other duties as the Common Conncil may require. SEC. 54. Whenever any officer shall resign or be removed from Officers re. office, or the term for which he shall be elected or appointed shall resigning or expire, he shall on demand, deliver over to his successor in office, removed, to - deliver pa- all the books, papers, moneys and effects in his custody as such pers &c. to officer, or in anywise appertaining to his office; and every person successor. successor violating this provision shall be guilty ofmisdemeanor, and may be proceeded against in the samne manner as public officers generally, for like offences, under the general laws of this State, now or here after 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. Officers, ad- SEC. 55. In addition to the rights, powers, duties and liabiliditionat dpotwers, du- ties ofofficers prescribed in this act, all officers whether elected or ties and lia- appointed, except judicial officers, shall have such other rights, bilities of. bilities ofpowers, duties and liabilities, subject to and consistent with the provisions of this act; and shall give such security as the Common Pli J Council may deem expedient, and shall prescribe by ordinance or Police Justice may be resolution And one Justice of the Peace of said city may be desdesignated. ignated by the Common Council, who shall be " Police Justice" of the city, and shall (in addition to the powers conferred upon himi by the general laws of this State,) exercise the powers herein con Council to ferred upon the " police Justice." prescribe SE:c. 56. The Common Cou-cil shall prescribe by ordinance or term of of- res(,olution the term of office of all officers appointed i under this act, nd fix and shall determine the salary or compensation to be paid to the salary. several officers of said city, which sum when so fixed shall not be BAY CITY CHARTER. 23 changed during the term of his offic,e, except as is provided in sectionI nine of this act. SEc. 57. All fines imposed by any by-law or ordinance of the Fines how Coimimon Council may be sued for by the City Attorney in the suedfor. name of the corporation. before the Recorder or Police Justice of said city. Citizens SEc. 58. In all suits in which the corporation of Bay City shall competent be a party or shall be interested, no inhabitant of said city shall as witnesses be deemed incompetent as a witness or juror on account of his in- or jurors. terest in the event of such suit or action; PROVIDED, Such interest be such only as he has in common with the inhabitants of said city. SEc. 59. In all trials before the Recorder or Police Justice of Jury trial. anyv person charged with a violation of any by-law or ordinance of the Common Council, either party shall be entitled to a jury of six persons if demanded, and all the proceedings in and relative to the No. ofJury cause, shall, except as herein otherwise provided, be in conformity as near as may be, with the mode of proceeding in criminal cases, cognizable by Justices of the Peace, and in all such cases the de- Appeal, fendant shall have the right of appeal from the Recorder and Po- right of. lice Justice's Court, to the Circuit Court, and shall abide the order of the Court therein, on the same terms as is or may be required by law in appeals from Justices' courts in criminal cases.laint SEC. 60. In all prosecutions for the violation of any of the by- foi violation laws or ordinances passed by the Common Council, upon complaint of ordinanbeing made in writing by the City Attorney, or the oral or writ- ~e.ten complaint of any other person upon oath, before the Recorder or Police Justice, setting forth the substance of the offense complained of, the Recorder or Police Justice shall issue a warrant in Warrant to the name of the people of the State of Michigan for the apprehen- issue. sion of the offender, directed to the Marshal of Bay City, or any constable of the County of Bay, and such process may be executed by any one of said officers any where within this State, and shall be returnable the same as other similar process issued by Justices of the Peace in townships. SEC. 61. Upon bringing the person so charged before the Re- toeplead.nt corder or Police Justice, he shall plead to said complaint; and in case of his refusing to plead, or standing mute, the Recorder or Plea maybe Police Justice shall enter the plea of not guilty for the person so entered, charged, and upon the said complaint and plea, a trial shall be had, when. and upon conviction of said offender, and the imposition of a fine only, with or wvithlout costs, it shall be the duty of the Recorder or CommitPolice Just;ce to-) issue a commitment, directed to the Marshal or menti when any co,nstable of the County of Bay, reciting the sentence and the Recital in. substance of the offense as charged in the warrant commanding the commitment of the person so offending until the expiration of the term named in the sentence unless said fine, andl costs are sooner paid, or until he be discharged by due course of law; and in case where imprisonment alone shall be imposed upon the person so 24 BAY CITY CHARTER. Commit- convicted, the said Justice shall issue a commitment directed as mentin case of imprison- aforesaid conmmandin, his commIitmenlt until the expiration of the ment. time for which he shall be sentenced for imprisonmient, or until be be discharged by due course of law; and in cases whlere both fine with or without costs and imiprisonment, or imprisonment in de fault of payment of fine or costs are imposed upon the person so convicted b)y the judgment of such police justice or Recorder, lie shall issue the neces.ary process to carry such jud:tnent into efCouncil Council fect; PR(OVIDED, That the Comir,in Council nmay remit such fine, may remit finem in wh,file or in part if it shall be made to al)lppear that the person so committed is unable to pay the same i miioney ur labor. Ordinance SEC. 62. In prosecutions for the violatiouu of iany of thie by-laws need ntot he or ordinance ofrsaid city, it shall n,it b)e nJcessary to plead (or set set lIorlti in psetoading. forth any such by-law Old ordillance or any of tilJe provision.s there p g of in any complaint, pleading, warrant, writ or l)ro(-e-s, but the sanme shall be deemed well and sutflicieuitly pleadel and set forth by reciting the title t,, ) any suchi ordin-ance or b)y-law, and thle late of its pa,s,lage or approval, a,d( the court or offhicer bef,ire whom any such prosecution shall be tried, shall take notice withiout proof,)of Ordinance tile exis tence andl provisions of such ordinanice,,r by-law, unles the may be put existence or validity of such bhy-law or ord(linances!iall be specially in issue by plea. pb ut in issiue by the pl)ea (ir notice of the detibuidant. Duty of po- SEC. 63. The Police Justice and the Recorder of said city shall ade Rtcord- have full powei- and authority, and it is hereby made the iluty of and Recorder. such Justice or Recorder, upon co~il)la,int to him in writing )by the city Attorney, or upon oath of any other per,on to inquire into, and try and determine all offenses which shall be committed with in said city against any of the by-la %,s or ordinances which shall be made by the Common Council in pursuance of the powers granted by this act, and to punish the offenders as by thie said by-laws or ordinances shall be prescribed or directed, to award all process and take reco nizance for the keeping of the peace, for the appear ance of the persons charged and upon appl)eal, and to commit to pr'isoml as occasion may lawfully require, and to commit to the De troit house of correction in all cas.es, where, by the general laws of the State, such imprisonnment is lawftil. Common SEC. 64. The corporation of Bay City shall be allowed the use jail, to use. of the common jail ot the cotunty of Bay, for the imprisonment of all persons liable to irtprisininment under the by-laws andl (r(linan ces of the Common Council, and all pe-sons committed to said county jail by the Recorder or police Justice for any violation of a by-law or ordinance of said C,)tnmon Council, shall be in the ClusPHieoners in tody of the sheriff of the county, who shall safely keep the person custody of Sheriff. SO committed until lawfully discharged as in other cases. Ordinances SEc. 65. A record or entry made by the Recorder of the said may be read iay courtea city or a copy of such record or entry duly certified by him shall when. be pr?imafacia evidence of the time of the first publication of any ordinance, and all laws regulations and ordinances of the Common Council may be read in evidence in all courts of justice and in all BAY CITY CHARTER. 25 proceedings before any officer, body or board, in which it shall be necessary to refer thereto, either FIRST-From a copy certified by the Recorder of the city, with the seal of Bay City affixed, or, SECOND-From the volume of ordinance printed by the authority of the Common Council. Proccis, SEC. 66. All process issued by the Recorder or police Justice to to wi,om enforce ()r carry into effect any of the by laws or ordinances of the delivered. CMommon Council, shall be directed to the Marshal of Bay City, or to any constable of ahe County of Bay, and such process may be executed by any of said officers anywhere within this State, and shall be returnable the same as other similar process issued by Ju-tices of the Peace. Fines to be SEC. 67. All fines, penalties or forfeitures recovered before the paid into Recorder and police Justice, shall, when collected, be paid into the City Treas ury, city treasury, to be appropriated as the Council may direct; and Recoider said Recorder and police Justice shall report on oath to the Coin- and police moni Council at the first regular meeting thereof in each mointh justice tore port to during their term of office, the number and name of each person Council, againait whom judgment shall have been rendered for such fine when. Amount of penalty or forfeiture, and all money by them received for or on ac- fines collectcount thereof, whi(,-h money so received, or which may be in their ed, to he hand(s. collected in such fine, penalty or forfeiture, shall be paid in- Treas iuyo to the said city treasury on the first Monday of each and every month during their term of office, and for any neglect in this particular, he mIay be suspended or removed as hereinafter provided. SEC. 68. Any judicial officer of said city may be suspended or Judicial ofrenioved froni his said office by the Circuit Court for the County ficers may be removed, of Bay, for a neglect or refusal to pay over as required by law, any how. moneys by him collected for or on account of any fine, penalty or forfeiture, or the unfaithful or insufficient performance of any of his official duties, or any official misconduct on charges specially preferred by said Common Council o,f said city, or any member or officer thereof, or by three electors of said city, founded on affidavit filed in said Circuit Court, specially stating the charges complained of, a copy whereofshall be served upon him in such manner as said Circuit Court shall direct, and opportunity shall be given him to be heard in his defense. SEC. 69. The Recorder and police Justice, shall each, befo)re en- Rapcorder and police teriiig upon the duties of his office, execute a bond to Bay City, justice, to with one or mire sufficient suireties to be approved of by the Mayor file uond of said city, which approval shall be endor,ed o)n said bond in the with cityre penalty of one thousand dollars, conditioned for the faithful perforimnance of his duties as police Justice of said city, and to pay over the moneys so collected, aid miake his report as in this act required, which bond shall be filed in the office of the Treasurer of' said city. 26 BAY CITY CHARTER. Dockets to SEC. 70. All dockets and office books kept by the Recorder and be op~en to inspection. police justice shall at all times be sutl)ject to inspection and exaini nation by the Common Council or ally member or officer thereof, and it shall be the (luty of said Reordter or police justice to pro vide such dockets and books at all times, whenever and wherever the said Commion Council shall require or direct, and if they shall neglect or refuse to produce such dockets or office books, as di rected and required, the circuit Judge of the circuit court for the county of Bay, may, on a proper application to him for the purpose, make an order requiring the;samne to be produced, and enforce obedience thereto in the same manner in which other orders made by him are enforced. Justices'to SEC. 71. It shall be the duty of each Ju.stice of the Peace at make re- the first regular meeting of the (Comtmon Council in each of the turn, when, ~ of unclaim- months of August, November, February and May, in every year, edproperty. to account on oath bef,re the Commiron Council, for all such mon eys, oods, wares aind merchandise, seized as stolen property, and shall then remain unclaimed in the offices ofeithler of said Justices Notice tobe of the Peace, and immediately thereafter to give no,)tice for four published. weeks in one of the public n(ewspapers printed in said Bay city, to Perishable all persons interested or claiming such property; PROVIDED, goodsmay always, That if any goods, wares, merchandise or chattels of a be sold, how perishable nature, or which shall be expensive to keep, shall at any and when. time remain unclaimed in the offices of either of said Justices, it shall be lawful for such Justice to sell the same at public auction, at such time and after such notice as to him and the said Common Council shall seem proper. Stolen pro- SEc. 72. It shall be the duty )ofeach of the Justice's ofthe Peace erty my*oesnfn tdeldivered aforesaid, who may recover or obtain posessionofanystolen pr(operto owner,. ty, on his receiving satisfactory proof of property from the owner when.I when. thereof, on his paying all necessary and reasonable expenses, which may have been incurred in tile recovery, preservation or sus tenance of such property, and the expenses of advertising the same. Unclaimed SEC. 73. It shall be the duty of each of the Justices of the troperty, Peace aforesaid, to cause all property unclaimed after the expira owold tion of the notice specified il the last preceding section but one, of this act, money excepted, to bte sold at public aucti(on to the highest bidder, unless the Prosecuting Attorney of the County of Bay shall direct that it shall remain unsold for a longer period, to be used in evidence in the administration of justice, and the pro ceeds thereof, forthwith to pay to the Treasurer of said city, to gether with all money, if any, which shall remain in his hands after such notice as aforesaid, first deducting the charges of said Recorderto notice of sale. notifvCotn- SEc. 74. The Recorder shall report to the Common Council the ctl olfofficers neglecting names of such officers as shall have neglected to give the bond and to file bond. security required by the provisions of this act. Foes. SEC. 75. Tlje Recorder and( police Justice and constables, shall receive the same fees, as are by law allowed to Justices and con BAY CITY CHARTER. 27 stables in townships. The Marshal and police constable shall receive the same fees for making arrests and serving process in behalf of the corporation. as constables are allowed by law for similar services. SEc. 76. At all city elections, every elector shall vote in the Electors, ward where he shall have resided ten days preceding the day of where to election; otherwise he may vote in the ward from which he re- vote. moved; PROVIDED He shall have resided in such ward ten days prior to such removal. The esidence of an elector under this act, shall be the ward where he boards, or takes his regular meals. SEC. 77. Any person who may be required to take any oath or Perjury, ' ~~~~~~~~~~~~~~~~false swearaffirmation under or by virtue of any provision of this act, who ingunder shall under such oath or affirmation in any statement, or affidavit, this charter. or otherwise wilfully swear falsely, as to any material fact or matter, shall be guilty of perjury. SEC. 78. If any suit shall be commenced against any person offcer if elected or appointed under this act to any office, for any act done or successful, omiitt-d to be done under such election or appointment, or against shall recovany person having done anything or act, by the command of any cr double 11 11 ~~~~~~~~~~~~~~~costs.I such officer, and if final jutidgment be rendered in such suit whereby any such defendant shall be entitled to costs, he shall recover Where such double costs in the manner defined by law. Every such suit shall Isuit to be be commenced before the Recorder or some Justice of said city, or commenced. in the Circuit Court for the County of Bay, whether such action be civil or criminal in form. SEc. 79. The record of any ordinance enacted, and of the time Ordinance, record of of its first publication, made by the Recorder as required by this rresumpact, or a copy thereof certified by such Recorder under thie seal of tive evithe corporation, shall be presumptive evidence in all courts. places decehat.of and prioteedings, of the due passage of such ordinance, of its having been duly published, and of the time of its first publication. Recordsand papers, filed Copies of all other records and papers duly filed in and pertaining when certito the office of the Recorder, certified by him under the seal of the fled to, evi dence. corporation shall be evidence in all courts and places to the same dence effect as the original, would be it produced. SEC. 80. Proof of the requisite publication of any ordinance, Affidavit of publication, resolution or pr)ceedings required to be published in any newspa- admissible per by the affidavit of a printer or publisher thereof, taken before when. any officer authorized to administer oaths and take affidavits, and duly filed with the Recorder of the city, or any other competent proof, shall in all courts and places, be conclusive evidence of the legal publication of such ordinance, resolution or other proceeding. All ordinances and by-laws of the Common Council, printed or Ordinances published by their authority, shall in all courts, places and pro- andby-laws, ccedings, be received without further proof as prima facie evidence prima facie thereof, and of their legal enactment and publication, evidence. SEc. 81. No person shall be an incompetent judge, Justice of Incompethe Peace or other officer, witness or juror, by reason of his being an tent, certain inhabitant or freeholder in Bay City, in any prosecution or pro-ties not. 28 BAY CITY CHARTER. ceedings in the Recorder's or police justice's court in any action or proceeding in which the corporation shall be a party in interest or in any judicial or other proceeding. SEc. 82. This act shall not invalidate any legal act, done by the Common Council or any officer of said city, now or hereafter in of fice. Defaulters SEC. 83. No person shall be elected or appointed to any office not to be appointed. created by this act, who is now ori may herea,fter be a defaulter to said city, or to any board ot offlic,rs thereof, or to the State of Michigan, or any county or town-hip thereof, and any person shall Defaulters, be considered a defaulter who has refused or neglected, or may who consid- hereafter refuse or neglect for thirty days after demand made, to eIed. -- account for and pay over to the party authorized to receive the same, any public money or papers pertaining to his office, which may have comie into his possessioin, if aty person holdiing any such office, shall become a defaulter while in office, the same shall there by be vacate(l. Bonds, vote SEC. 84. Whenever the Common Council shalE deem it necesneecessai y to authlorizeis- sary to issue the bonds of thie city for any purpose they shall call sue of. a meeting of the property holding tax payers of tihe city, being Voters,who. electors thereof, by posting notices in five of the most conspicuous places of said city, at least eighlt days previ)ous to the titme of said meeting, giving notice of the time and place of such meeting, also specifying the amount of, not exceeding twenty-five thousand dolPreside at ars, and the object for which it is proposed to issue said bonds. such4 meet' ing who. The Mayor, or in his absence, the Recorder shall preside at such Inspectors meeting, and the electors present shall choose viva voce from among and clerks hand clrs,n their number the inspectors and clerks of said election, who shall before proceedin., to the discharge of their duities, nake an oath or affirmnation, faithfully t, discharge the duties of their respective offices at such election, which oath or affirraltion iiiay be a(idrninElection istered by any person authorized to administer oaths; said electi,on and canvas~s, hl ecn how conv. shall be conducted in the same manner, and the canvass of votes ducted. as near as may be, as other elections under this act. At the close of such election, the inspectors shall make two certificates of the number of votes given for and against such issue of bonds, one of which shliall b fo)rthwith deposited with the Recorder of said city, Not more,, than two and the other filed in the office of the County Clerk for the county such meet- of Bay; PROVIDED, That not more than two such meetings shall ygs in ne be called in any one year. year.. Common SEC. 85. Whenever the Common Council shall be authorized Council to issue bonds. by a vote of the tax-payers as aforesaid, they may issue the btonds of said city for the amount as aforesaid, and provide for the payLevy taxes ment of the principal and interest thereon, and for this purpose, for principal shall annually levy, assess and collect on the assessed value of all and interest the real and personal estate in said city made taxable by the laws of this State; taxes for this purpose not to exceed in amount a sufficlent sum to pay the interest accrued, or to accrue on said BAY CITY CHARTER. 29 bonds for the year for which said taxes are levied, and the principal as it shall become due. SEC. 86. All ordinances, by-laws, regulations, resolutions and Ordinances rules of the Common Council of Bay City. now in force, and not to remain in inconsistent with this act, shall remain in force until altered,force amended or appealed by the Common Council under this act, and after the same shall take effect. SEC. 87. The present Common Council shall exercise the powers of the Common Council, as prescribed in this act, until the new Common Council, provided in this act, shall be elected and qualified, but not after. SEC. 88. At the annual election in the year eighteen hundred Officers to and sixty-nine, the present Aldermen and Supervisors shall not act be elected In as inspectors of election, unless appointed as in this section pro- 1869. vided, but the Common Council shall appoint for each ward three inspectors of election, to whom shall be administered the constitutional oath, by either of sad inspectors, or by any person authorized to administer oaths, and no elector at the annual election in the year eighteen hundred and sixty-nine shall be deprived of his vote by reason of his name not being registered according to law, PROVIDED, That such elector shall be otherwise qualified, SEC. 89. The present city and ward officers, shall hold their of- Old officers ces until the annual election in eighteen hundred and sixty-nine, to hold, till and until their successors are elected and qualified. newqualify. SEc. 90. Whenever a vacancy shall occur in any judicial office, Judicialoffi ees, vacanthe Common Council may order a special election to fill such va- ees in.vacacancy, and shall give not less than ten days notice of the time of Special elecsuch election. Such notice shall be written or printed, and shall tion, to fillbe posted in at least three public places in each ward. The manner of conducting such election shall in all respects be the same as is herein provided for general elections. Any such vacancy may also be filled at the annual election, and that any candidate intended to fill such vacancy shall be designated on the ballot. Justices to SEc. 91. Until the Recorder shall have been elected at the an- act till Renual election for eighteen hundred and sixty-nine, and shall have corder qualbeen duly qualified, the present Justices of the Peace of the city, iies. shall exercise the powers herein conferred upon the police Justice. SEC. 92. All former acts and parts of acts, relating to the vil- Repealing lage of Bay City, or to the City of Bay City, or to Bay City, not clause. expressly embodied in or made a part of this act, are hereby repealed, but nothing herein contained shall be construed to impair or take away any right or remedy acquired or given by any act hereby repealed, and all such proceedings commenced under any such former act, shall be carried out and completed, and all prosecutions for any offence committed, or penalty or forfeiture incurred, shall be enforced in the same manner in all respects, and with the same effect as if this act had not been passed; but nothing in this section contained shall be so construed as to annul or impair or af 30 BAY CITY CHARTER. fect any ordinance, by-law or resolution of said city, not inconsist ent with the provisions of this act, but the same shall continue and be in full force until the same are amended or repealed as fully as though this act had not been enacted. Process, SEC. 93. All process issued against said city, shall run against how to run, said city in the corporate name thereof, and such process shall be anserved. be served by leaving a true and attested copy of s,uch process with served the Mayor or Recorder, at least ten days before the day of appear ance mentioned therein. Corporation SEC 94. The corporation created by this act shall pay and disto pay cer- charge all the debts, obligations, contracts and liabilities of the tain debts. Common Council of theVillage of Bay City, and of the City of Bay City, and Bay City, and suits may be brought and prosecuted thereon in the same manner, ei, her in law or equity, and with the same effect as they could be brought or prosecuted against the Common Council of the village of Bay City, City of Bay City, and Bay City, if this act had not passed. Property of SEC. 95. All property, real, personal and mixed, and rights of the corporation, to pvesrt property in la'- or in equity, and all debts, fines, penalties, forin this. feitures, rights and causes of action, and all rights and powers not inconsistent with the provisions of this act which belong, have ac crued, or may accrue to the Common Council of the village of Bay City, or to the Common Council of the City of Bay City, or to Bay City, or the inhabitants of said city in their corporate capaci ty, shall be, and the same are hereby declared to be fully and ab solutely vested in the corporation created by this act, to be held subject to the provisions hereof, and may be prosecuted for, and recovered or claimed, supported and maintained by said corpora tion in its own name or in any other lawful manner. Taxes here- SEC. 96. All taxes and assessments for sewers or otherwise, tofore laid, heretofore levied and remaining unpaid in Bay City, shall continue to remain a lien. to be a lien on the land on which the same were assessed, and Bere-assess- shall, with interest thereon, at the rate oftwenty per cent. per aned with 20 num from the time they were returned, be re-assessed by the per cent. interest on comptroller on the same property returned, and such lands shall same pro- be sold for said taxes in the same mainer and with the same ef perty. fect as for ordinary city taxes. Act deemed SEC. 97. This act shall be deemed a public act, and be favorapule. ailroads bly construed, and the Legislature may at any time repeal, modify and St. rail- or alter the same. ways, aun- SEC. 98. The Common Council shall have power to authorize thorize runing of. the running of railroads and street railways in the streets in said Conditions. city, upon condition that the owners of the lots adjoining, and per sons interested therein shall receive compensation therefor; but the Common Conncil may, as an additional condition of such use of the street, require the corporation or persons owning any such Plank or railroad or street railway, to plank or pave the street so used; and pave street. in default of performance of any condition above named may by ordinance cause any railroad or street railway now in, or hereafter BAY CITY CHARTER. 31 to be laid in said city, to be changed in its route, and its rails re- Maychange moved, and may use such force and provide such penalties as may be necessary to enforce a compliance with any such condition. The method of arriving at the compensation to be paid to the lot own- comn ato ,tion, how to ers, and persons interested therein, shall be the same as provided arrive at. by the general railroad laws of this State. Nothing herein contained shall be deemed to prohibit the Common Council from changing the route of any railroad or street railway now in, or May change hereafter to be laid in said city, when in the opinion of the Comn- route. mon Council the public good may require it. SEC. 99. The bonds heretofore issued by said city, known as the "Nicholson Pavement Bonds," are hereby declared valid, and bindin7 on said city; and the Common Council shall provide for the payment of the principal and interest of said bonds, as the same shall become due, by taxes assessed, levied and collected in the same manner as the general city taxes. SEC. 100. This act shall take immediate effect. Approved March 20, 1869. I~~~~~~~~~~~ I Nl DE: XE TO BAY CITY CHARTER. References to Sections-when references given in parenthesis, thus, (9-12th,) the reference is to the 12th sub-division of section 9. ALDERMEN, when not entitled to vote, 6. duties of, 36. may order arrest of parties when, 36. APPOINTMENTS, majority vote of Aldermen elect necessary, 16. ATTORNEY, CITY, Council to appoint, 7. duties of, 53. APPEAL, right of, 59. ACCOUNTS, items to be set forth in, and verified by affidavit, 39. AWNINGS, to regulate setting of, (9-27th.) ACT OF INCORPORATION, deemed public, and how construed, 97. ASSESSM ENTS, vote of aldermen elect necessary for, 16. annual, 38. BONDS, vote necessary to authorize issue of, 84. who competent to vote on issue of, 84. canvass of votes for, how conducted, 84, not more than two such meetings to be held in one year, 84. certain heretofore issued, legalized, 99. BOUNDARIES, to ascertain and establish, (9-29th,) BONDS & NOTES OF CITY, when not to issue, 27. BONDS, OFFICIAL, where shall be filed, 33. BOARD OF HEALTH, Council may appoint, 13. BOARD OF REVIEW, who to constitute, 42. duties of, 42. 34 INDEX TO CHARTER. CITY HALL, (9.9th.) COMPLAINTS, for violation of ordinances, how made, 60. COMMITMENTS, when to issue &c., 61. COMMON COUNCIL, who constitute, 6. meetings of, where held, 6. may compel attendance of members and officers, and impose fine for non-attendance, 6. to determine who is elected, 5. may appoint certain officers, 7. may remove fromn office any of its own members, 7. may remove certain elective officers, 7 may issue subpoenas. 7. to proceed and hear charges, and determine same when, 7. to approve and accept resignations, 8. may fill vacancies, 7. general powers of, 9. to be judges of election, 15. power to determine contested elections, 15. may pass by- laws and rules necessary for transaction of busi ness, 15. may require bond from officers, 17. or renewal of bonds, 17. meetings of, to be public, 18. record of meetings to be kept, 18. to perform duties of township officers, 21. not to restrict jurisdiction of justices, 21. may provide by tax, for expenses and liabilities, 23. may provide by ordinance for collection and assessment of certain taxes, 26. and for sale of real estate for non-payment of same, 26. to endorse on accounts, amounts allowed by them, 27. to make statement of receipts and expenditures when, 28. may regulate and extend time for taking assessments, 38. may prescribe by ordinance, financial duties of Comptroller, 40. may fix per centage for collecting taxes, 43. to determine by resolution, amount of tax for city and high way purposes, 46. money in treasury to be drawn on their order, 49. To prescribe term of office, 56. to fix salaries, 56. sahlary not to be changed during term of office, 56. may remit fines, 61. to issue bonds, 85. levy taxes for payment of same, 85. INDEX TO BAY CITY CHARTER. 35 COMPTROLLER, to be member of Board of Supervisors, 37. compensation when member of board. 37 and 40. to make annual assessment, 38. financial duties of, to be prescribed by ordinance, 40. to be assessor of city, and have same powers and duties as Supervisors of townships, 40. shall have a seat in, and may discuss matters before Council, but not vote, 40. shall complete his assessment when, 41. file notice of completion of same. 41. to deliver assessment roll to board of review, 43. to cause taxes to be assessed, when, 43. to deliver tax roll to City Treasurer, when, 43. to make copy of assessment roll, when, 43. to add per centage, when, 43. to annex warrant to roll, 43. to charge amount of unpaid taxes to treasurer, when, 43. to levy city and highway tax as determined by council, 46, after assessment roll confirmed by board of review, to make copy of same -such copy to be certified to, and retain same till after equalization by Board of Supervisors, 47. to extend State and County tax, same as township Supervi sors, 47. to annex warrant to roll, 47. COMPENSATION, to property owners, when, 14 and 98. to officers, (9-28th.) CORPORATION, to pay certain debts, 94. property of certain corporation to vest in this, 95. CONSTABLES, duties of, 51. fees of, 15. CEMETERIES, to protect and regulate, (9-24th.) purchase lands for, (9-35th.) CIRCUSES, theatrical performances &c., to license, (9-14th.) DISORDERLY AND GAMING HOUSES, to prevent, (9-11th.) DOGS, to prevent running at large, (9-19th.) DRAINAGE, of wet lands, (9-5th.) DRIVING IMMODERATE, to regulate, 9. DRUNKARDS, to punish, (9-13th.) 36 INDEX TO BAY CITY CHARTER. DEFAULTERS. not to be elected or appointed to office, 83. who are, 83. ELECTORS, to call meetings of, (9 28th.) ELECTIONS, when held and notice of same, 5. manner of conducting same, 5. certificate of election, 5. elected who, Council to determine, 5. may appoint inspectors, when, 84, ELECTORS, where to vote, 76. ENGINEERS OF FIRE DEPARTMENT, Council may appoint, 7. EVIDENCE, certain papers to be admissable, in whom, 79 and 80. FIRE-WOOD, to regulate measuring and selling of, 9. FIRE LIMITS, (9-1st.) fire companies, to provide for, 10 and 11. FINANCES, Council to have management and control of, (9-1st.) FILTH, to prohibit depositing of, (9-25th.) FINES, how sued for, 57. Council may remit, 61. to whom paid when collected, 67. FERRIES & BRIDGES, Council may license, (9-2d.) FEES & COSTS, to regulte, (9-28th.) fees of Recorder, 32 and 75. GAMING, to prevent, (9-23d.) GUNPOWDER, to regulate sale of, (9 16th.) HAY, to regulate selling and weighing of, 9. HARBOR MASTER, Council may appoint, (9-1st.) HORSES, to provide for fastening in streets, 9. HIGHWAY PURPOSES, tax for, 23. I.NDEX TO BAY CITY CHARTTER. ]7 INSPECTORS OF WEIGIITS & MEASURES, (9.7th.) p(,w l', (itities an(] lees,f, Council may prescribe, (9-7th.) INSPECTORS OF ELECTION, whien tmIy )el appointed, 84. INDECENT' EXPOSURES, to Iprevent, (9 21st.) INCOMlPETRENCY, citizens not for certain purposes, 81. JURORS, whlo c(ompetent, 58. JURY TRIAL, 59. iin timber of ju rors, 59. JAIL, persons in, may employ, (9-35th.) city to have use of, 64. JUSTICES, jurisdiclion af, not to be restricted, 21. to perform judicial duties of Recorder, when, 35. to,ihake return to Council of unclaimed property, 71. may sell perislhable goods, 71. ma.y deliver stolen property to owners, when, 72. LICENSES,-(9-30th.) hotels and saloons, (9-30th.) butclhers, (9-31st.) dray-men. (9-31st.) LOCOM.OTIVES, to regulate use of, (9-20th.) MAYOR, preside at meetings of Council, 6. to be chief executiye of city, 29. duties of, 29. shlall make recommendations to Council, 29. powers otf; 30. nmay take acknowledgment of deeds, 30. to rreside at meeting called to authorize issue of boilds, 84. MARKET PLACES, . to regulate and lay out, (9 26th.) MONEY IN TREASURY, how drawn, 49. MARSHAL, Council may appoint. to repair to fire on breaking out, 12. to give bonds when, 48 and 50. duties of, 50. may appoint deputies, 50. allay serttve process, 50. meats, truit.s &c, to reg'ulate sale of, 9. NAVIGATI'ON OF SAGINAW RIVER, to protect, (9-1st.) 38 INDEX TO BAY CITY CIiARTER. NtUISANCES, to prohibit, (9.15th.) OFFENDERS, to punish, (9-34th.) ORDINANCES, relative to finances and property, 9. to good government of city, (9 35th.) to protect city from fire, 10. majority vote necessary to pass, 18. two thirds vote necessary when, 18. relative to mode of assessing street taxes, 19. style of, 22. for assessment of taxes, and for sale of lands for non-payment thereof, 26. to be signed by Mayor and Recorder, 32, to be published, and when to take effect, 32. offenders, to punish, (9 34th.) need not be set forth in pleadings, 62. may be put in issue, 62. to be adinissable in evidence, when, 65. fees of, 75. record of presumptive evidence, 79. certain ordinanciecs to) remain in force, 86. penalty in, not to exceed what, (9-34th.) ordinance to preserve the health, and protect persons and pro perty of inhabitants, (9 35th ) OFFICERS, to be elected, 3. to be elected in 1869, 4. require,] to qualify, 5. may be removed, 7. charges to be preferred, 7. to be furnished with copy of charges, 7. charges to be in writing, 7. to be heard in defence, 7. compensation o)f, 9. in case cof resignation or removal, to deliver papers to succes sor, 54. guilty of misdemeanor, when, 54. judicial may be removed, 68. when to recover double costs in suits, 78. PARKS, to protect and lay out, (9-26th,) PROSECUTIONS, 22. PAUII'ERS, (9-Sth.) POLL-TAX, 20. POOR, Director of, Council to appoint, 7. powers and duties of, 51. INDEX TO BAY CITY CHARTER.' 39 PROPERTY OF CITY, Council to have control of, 9. PUBLIC PEACE, to preserve, (9-l10th.) PERJURY, 77. PUBLIC HEALTH, 13. PERISHABLE GOODS, may be sold, 71. POLICE FORCE, Council may appoint, (9-10th.) POUNDS, to establi.,sh, (9 22d.) POLICE JUSTICE, Cotuncil may designate, 55. powels and duties of, 63. to report to Council, when, 67. pay fine.s into Treasury. 67. to file bonds with city Treasurer, 69. fees o)f, 75. PROSTITUTES. to punihli, (9-13th.) PLEA, when to he entered, 61. PRISONERS IN JAIL, to, be in custody o! Sheriff, 64. PROCESS, to whom to be directed, 66. how to run and be served, 93. QUORUM,~ nunberl necessary to constitute, 6. RAILROADS, & STREET RAILWAYS, Council may regulate, cause them to pave or plank streets used by them, or change route, 98, (9-20th.) RECORDER, to give notice of election, 5. to be ex-officio Police Justice, 31. to give bond and take oath of office as such Justice, 31, shall be member of Board of Supervisors, 31. to be Cleik of Council, 32. shall give bond for faithful performance of his duties, 32. shall keep record ot proceedings, and books of account, 32. shall perform same duties as Town Clerk, 32. fees of. 32. to act as Mayor, when, 34 subject to impeachment, 35. may transfer cautces to Justices, when, 35 powers and duties if as Police Justice, 63. as Police Justice to report to Council, when, 67. to pay fines by him collected into Treasury, 67. 40 INDEX TO BAY CITY CIIARTER. RECORDER, CONTINUED. to file bond as Police Jistice with city Treasury, 69. dockets and books to h)e open to inipectiion, 70. to n)tify Council of officers neg,lecting to file bond, 74. RIDING.IMMIO DER AT''E, (9-18thl.) RELIGIOUS CONGREGATION, to prevent (liitirl,anee of, 9. REMNOVAL FROM OFFICE, reason w)i, to be en)tered on record, 7. vote necessaryv for, 16. RESI.GNArTIONS, to be in writing, 8. RIVER, saliubrity of, to preserve, (9-1st.) rem,ove o,bstr,,ctions in, (9-lst.) REPEALING CER I'AIN ACTS, 92. ROLL ASSESSMIENT, to h,, delivered to Board of Review, 43. SABBATH, to prevent violation of, (9-23d.) SHOWS INDECENT, to prevent, (9-21st.) SIIADE TREES. to regulaite plan,inr of, (9-27th.) SLAUGH[TER HOUSES, to reigulate, (9-16t,. ) STREETR COMMISSIONER, Council to appoint, 7. duties of. 52. shall take oath of o)ffice and give security, 52. nay appoint assistants, 52. STREETS, obstructions in, (9-17th.) to regulate work up on, 14. lay out, open and vacate, 14. expenses of grading &c,, may be local or general, 19. SIDEWALKS, 19. SPIRITIOUS LIQUORS, sale of, to license. 19-12th.] SUPERVISORS OF WARDS, 'duties of, 37. SUITS AGAINST OFFICERS, where to be commenced, 78. TAXES, [9-33d,] 32. shall be a lien, [9-33d,1 32. foIr expenses and liabilities, 23. propel-tY holders only to vote on raising, 23. State, conny and schIool taxes, how raised, 24. for specific purposes, may be raised by vote, 25. INDEX TO BAY CITY CHARTER. 41 TAXES, CONTINUED. property exempt from, 46. when to be a lien, 47. State laws for return and sale of lands for, to apply, 47. heretofore levied to remain a lien, 96. to be re-assessed with 20 per cent. interest, when, 96. TAX ROLL, when to be delivered to Treasurer, 25. taxes to be collected free of charge, when, 43. per centage to be added when, 43. TREASURER, duties of, 43 and 44. when to collect taxes free, 43. per centage to add, when, 43. when to receive taxes free of per centage, 44. what moneys to retain, and pay over, 44. not required to call upon persons, nor demand payment of tax, 45. give notice of time when he will receive tax, 45. defect in notice not to invalidate tax roll, 45. to make return to tax roll within ten days after expiration of warrant, 47. such return to be under oath, and filed with County Treasurer, 47. to be collecter of all taxes, 48. to gi e bonds to city and county, 48 duties same as town Treasurer, 48. may appoint Marshal his deputy, 48. to keep accounts under appropriate heads, of moneys drawn, 49' to exhibit to Council, account of receipts and expenses, when, 49. UNCLAIMED PROPERTY, Justice to make return to Council, 71. notice of, to be published, 71. how sold, 73. VACANCIES, how filled, 8. in judicial officers, 90. VESSELS, to regulate stationing, &c., (9-1st.) VOTE NECESSARY, to remove certain officers, 7. WITNESSES, who competent, 58. WARRANT TO TAX ROLL, how signed, 25. what to contain, 25, Comptroller to annex to roll, 43. for collection of taxes, may be extended, 43. 42 INDEX TO BAY CITY CHARTER. WARRANT TO TAX ROLL, CONTINUED. warrant money in Treasury, to be drawn on. how signed, and what to specify, 49. fior violation of ordinances, when to issue, 60. WARDS, 2. WEIGHTS & MEASURES, to regulate, (9-32d.) WHARFS, public, (9-3d.) private wharfs, (9-3d.) wharfs may be leased, (9-4th.) I CITY ORDINANCES. AN ORDINANCE TO PRESCRIBE THE DUTIES OF COMPTROLLER. It is hereby ordained by the Cominoa Cotnicil of Bay City: SECTION I. It shall be the duty of the Comptroller to keep a complete set of books exhibiting the financial condition of the cor poration in its various departments and funds, its resources and liabilities, with a proper classification thereof, and each fund or ap propriation for any distinct object of expenditure or class of expen ditures. When any such fund or appropriation has been exhausted by warrants already drawn thereon, or by appropriation, liabilities, debts and expenses actually made, incurred or contracted for, and to be paid out of such fund or appropriation, the Comptroller shall advise the Common Council thereof at its next meeting; and for the purpose of complying with the provisions of this section, it shall be the duty of said Comptroller, to transcribe from the Treasurer's books or from any other source, an account of the present indebtedness of said city, the nature of said indebtedness, when and where the same is payable, both principal and interest, also the amount of moneys in the treasury, and the particular fund to which the saime belongs, all debts and other obligations owing to said city, and all other matters necessary to enable any person to ascertain the liabilities and condition of such corporation. SEC. I1. The Comptroller shall open an account with' the Treasurer, in which he shall charge said Treasurer with the whole amount of taxes, general and special, levied in said city, and shall charge him with all moneys appropriated, raised or received from each of the several funds of the city, and credit him for all warrants drawn thereon, keeping a separate account of debit and credit for 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 Comptroller's office, when each fund has been or may be exhausted, and what balance if any, that may remain therein; and for the purpose of enabling him to comply herewith, all warrants drawn on the Treasurer for payment of accounts allowed by the Common Council, or in payment of any claim or demand against said city, shall before being paid by the Treasurer be presented to the Comptroller, and by him countersigned; and he shall in addition to the duties above enumerated, enter in said accounts, in the order in which they are presented to him, the number and date of 41 (ClfTY ORDINANCES. each warrant, the person to wlhomn payable, and the amount of tilhe same. SFc. TII. It shall be the duty of the Comptroller (unless where otherwise provided in the Charter) to countersign all bonds which the Corporation or Comimon Council is authorized to issue, pledging the taith and credit of said city; to receive all accounts and demands against said cil y, for materials of any kind by himn purchased for said city, or on contracts by him made for and on behalf of said city, examine them in detail aibd certify to them, or such parts thereof as to the correctness of which he has no doubt, and which the claimant is willing to accept in full discharge thereof, and present the same to the Council at their next regular meeting. Sec. IV. It shall be the duty of the Comptroller to negotiate all loans ordered by the Common Council, to pay over the same to the Treasurer when received, taking his receipt therefor, and shall also at the same time, on his books, charge said Treasurer with the amnounit of said loan, and also enter the same in the particular fund to which it belongs. SEc. V. All materials of any kind to be used by the Street Coinmissioner, shall be purchased by the city Comptroller, and all contracts for constructing streets, bridges or culverts, or for repairing streets, crosswalks, bridges or culverts, and all other contracts on behalf of said city, shall be made by him under the direction of the Common Council; provided that when schl contract or the expense of such supplies shall exceed the sum of two hundried dollars, the same shall be let to the lowest responsible bidder, as miay hereafter be prescribed. SEac. VI. Said Comptroller shall perform such other duties as may from time to time be prescribed by the Common Council, and shall execute a bond to Bay City, with sufficient sureties to be approved by the Mryor or Recorder, which approval shall be endorsed on said bond, in the penalty of ($10.000) ten thousand dollars, for the faithful performance of his duties. AN ORDINANCE FOR THE PRESERVATION OF THE PUBLIC HEALTH. SECTION I. It is ]hereby ordained by the Common Coui.cil of Bay City that There shall be appointed once in each year for said City a Board of Health, to consist of not iess than one nor more' than three, in each ward, one of whom shall be a competent physican, and who shall be the health officers thereof, and ot said city, a majority of whom shall constitute a quorum. SEc. II. The members of said Board shall hold their office for one year, and until their successors are appointed and accept said CITY ORDINANCES. 47 office; provided, however, that they shall be subject to removal for neglect of duty, misconduct, or corruption in office, after a fair opportunity for defence shall have been given them. SEC. III. The said Board shlall I- ave and po,,ssess all the powers given by the general statutes of this State to Boards of Health in townships, in addition to those herein particularly enumerated. Said Board of Health shall have power, and it shall be their duty to take such measures as they shall deem effectual, to prevent the entrance of any pestilential or infectious disease into the city; to stop, detain and examine, for that purpose, every person coming from any place infected, or believed to be infected with such a disease; to establish, maintain and regulate a pest house or hospital, at some place within the city, or not exceeding three miles beyond its limits or bounds; to cause any person not being a resident of the city, or if a resident of the city, who is not an inhabitant of this State, who shall be. or suspected of being infected with any such disease, to be sent back to the place from whence he or she came, or to be sent to such pest house or hospital; to cause any resident of the city infected with any such disease. to be removed to such pest house or hospital, if the health physician and the attending physician of the sick person, if he have one, shall certify that the removal of such person is necessary for the public health, provided it can be done with safety to the patient; to remove from the city or destroy any furniture, wearing apparel or goods, wares or merchandise, or other articles of property of any kind which shall be suspected of being tainted or infected with any pestilence or which shall be, or likely to pass into such a state as to generate or propagate disease; to require the occupant of any dwelling house, store, shop or other building in which there shall be any person sick with small-pox or varioloid, to put up and maintain in a conspicious place on the front of said dwelling house, store, shop or other building, a card or sign, to be furnished by the Board, on which shall be written or painted in large letters the words " SMALL Pox," and in case of the neglect or refusal of any person to comply with such requirement, to remove the patient therein to the pest house or hospital, and to do all acts which they shall deem necessary and expedient for the preservation of health and suppression of disease in the city, and to carry into effect and execute the powers hereby granted. SEC. IV. The owner, driver, conductor or person in charge of any stage coach, railroad car, or other public conveyance, which shall enter the city, having on board any person sick bf malignant fevers or pestilential or infectious disease. shall within two hours after the arrival of such sick person, report in writing the fact, with the name of such person and the house or place where he was put down in the city, to the Mayor or some member of the Board of Health; and any and every person neglecting to comply with provisions of this section, shall on conviction thereof, be punished by fine or-imprisonment, or both such fine and imprisonment, in 48 CITY ORDINANCES. the discretion of the Court, the fine not to exceed fifty dollars with costs, nor the imprisonment six months. SEC. V. Any person who shall knowingly bring or procure, or cause to be brought into the city, any property of any kind, taint ed or infected with any malignant lever, or pestilential or infec tious disease, may on conviction thereof, be punished as provided in the last section. SEC. VI. Every keeper of a hotel, inn, boarding house or lodg ing house in the city, who shall have in his house at any time any sick traveler, stranger or strangers, shall report the fact, and name of the person in writing, wiithn six hours after he came to board, or was taken sick therein, to the Mayor or some member of the Board of Health; and every physician in the city, shall report under his hand to one of the officers above named, the name, resi dence and disease of every-patient whom he shall have sick, of any infectious or pestilential disease, within six hours after he shall have visited such patient. A violation of the provisions of this section, may be punished as provided in section tour. SEc. VII. All fines imposed under this ordinance shall be, when collected, paid into the city Treasury, and be devoted to the main tenance and support of any pest house or hospital that may here after be established by the city. SEC. VII. The said Board of Health shall meet at least once in each month at the office of the city Recorder, to examine and certify to accounts, as hereinafter provided. and for such other business as they may deem necessary for the government of such Board. The Recorder shall keep a record of such meetings, and preserve the same in his office. SEC. IX. The members of such Board of Health shall receive such compensation for their services as may be allowed by the Common Council, and before entering upon their duties, shall each take and file with the Recorder, the Constitutional oath of office. SF,c X. No person having the small-pox or varioloid, or other contagious disease shall go about the city, and all persons having small pox, varioloid or other contagious or infectious disease, are hereby required to be kept closely confined within their respective d vellings or places of abode, and no person who has been confined with such disease, shall leave his or her place of abode and go about the city, until in the opinion of his or her physician, or of the health officer, it can be done without communicating the disease to others; any person violating the provisions of this Section, shall be liable to punishment, as provided in Section four of this Ordinance. SEC. XI. It shall be the duty of each member of the Board of Health to take the care and charge of the Ward in which he resides, to ascertain any nuisance which may exist in his Ward, and forthwith to report the same in writing to the Board; to enter upon the premises and into the house of every person in his Ward as often as he shall necessary, or the Board of Health shall order, (C'ITY ORDINANCES. 49 and to examine into the health, cleanliness and number of persons inhabiting such house, and inspect the cellars, vaults, privies and sewers cn such premises. 2d. Each member of the Board of Health shall, upon discovering any person who, in his opinion, is infected with a malignant or infectious disease, promptly notify the Health officer of said Board. 3d. Such Health officer,, if satisfied that such person is infected with a malignant or infectious disease, shall cause notice of the same to be at once given to at least a malority of the members of said Board. 4th. It shall be the duty of said Board, immediately upon receiving such notice, to take steps to prevent the spread of such disease, in accordance with the provisions of this Ordinance, and they shall, so far as practicable, remove all infected persons to the pest house. SEc. XII. Such Board shall not provide assistance or necessaries for any infected person at his, her or their residence, unless such person cannot be removed to the pest house, under the provisions of this Ordinance, and such Board shall only in such case furnish assistance and necessaries for those actually sick or infected; in case any member of the same family, not sick or infected, shall be in want of provisions or assistance, it shall be the duty of such Board of Health, to notify the Director of the Poor thereof; but such Board shall not have any power to furnish such persons. with provisions or other necessaries, except medicines as a preventive of disease. SEc. XIII. All bills for necessaries furnished by order of such Board of Health shall be sworn to, and shall be presented to such Board of Health who shall at their next meeting examine carefully into the various items therein charged, and.if correct, certify to the same; and in case it intended to present such bill to the City or County for payment, then such Board shall further certify thereon, after carefill and diligent examination and inquiry, that the person himself, his parents or other person who may be liable for his support, is unable to pay the same. SEC. XIV. Nothing in this Ordinance shall be construed to authorize the Board of Health to expend a larger sum than twenty dollars without a prior resolution of the Common Council authorizing such expenditure. Adopted, April 27th, 1869. AN ORDINANCE TO AMEND AN ORDINANCE RELATIVE TO LICENSING OF TAV ERNS, 4c. SECTION I. It is hereby ordained by the Common Council of Bay City, that Section six, of an Ordinance entitled " An Ordinance 50 CAITY ORDINANCES. Relative to the licensing of Tavern Keepers, Inn Holders, Commnon Victualers and Saloon Keepers," be and hereby is amended so as to read as follows: SEC. V1. Any person carrying on or exercising the business of Tavern Keeper, Inn Holder, Common Victualer, or Saloon Keeper, within said city without a license, shall on conviction thereof be punished by a fine not to exceed Fifty Dollars and costs, and by imprisonment in the County Jail not exceeding three months, or either, in the discretion of the Court; and if only a fine and costs be imposed, the Court may make a further sentence, that in default of the payment thereof, within a time to be fixed in such sentence, the offender be committed to the County Jail, or Detroit House of Correction, for any period of time not exceeding three months. And each and every day that any such business shall be carried on without a license, as herein provided, shall be deemed a distinct offence, and liable to be punished as such under this Ordinance. Adopted May 4th, 1869. AN ORDINANCE TO AMEND AN ORDINANCE RELATIVE TO THE PRESERVATION OF OF THE PEACE AND GOOD ORDER, AND TO THE PREVENTION OF VIOLATIONS OF THE SABBATH, BY ADDING ANOTHER SECTION THERETO. Sec. 1. It is hereby ordained by the Conimon (Council of Bay City, that an Ordinance entitled " An Ordinance relative to the Preservation of the Peace and Good Order, and to the Prevention of Violations of the Sabbath," adopted June 9th 1868, be and the same is hereby amended by adding two new Sections thereto, to stand as sections 11 and 12. SEc. XI. Any violation of, or failure to comply with the provisions of this Ordinance, shall be punished by a fine not to exceed two hundred dollars, and costs, and by imprisonment for any period of time not exceeding six months, or by either, in the discretion of the Court. And if only a fine and costs be imposed, the Court may make a further sentence, that in default of the payment thereof, within a time to be fixed in such sentence, the offender be committed to the County Jail, or Detroit House of Correction, for any period of time not exceeding three months. SEc. XII. All parts of this Ordinance imposing any other or diifferent penalty than as prescribed in the last section, or inconsistent therewith, are hereby repealed. Adopted May 4th, 1869. ,CITY ORDINANCES. 5 AN ORDINANCE RELATIVE TO THE PUNISHMENT FOR VIOLATIONS OF ORDINA.N CES. Sac. I. Be it ordained by the Coimtoin Contoeil of Bay City, that when any person shall be convicted of violating any Ordinance of Bay Citv, such person shall be punished by a fine not to exceed two hundred dollars and costs, and by imprisonment for any period of time not exceeding nine months, or by either in the discretion of the Court. And if only a fine and costs be imposed, the Court nmay make a further sentence, that in default of the payment thereof, within a time to be fixed in such sentence, the offender be committed to the County Jail, or Detroit Houtseof Correction, for any period of time not exceeding three months. SEC. II. That all Ordinances or parts of Ordlinances inconsistent herewith, be and hereby are repealed. Adopted May 4thi, 1869. AN ORDINANCE TrO AMEND AN ORDINANCE RELATIVE TO DISORDERLY HOUSEa. SEC. I. It is hereby ordained by the Commod, Cotncil of Bay City, that section three of an Ordinance entitled, "An Ordinance relative to Disorderly Houses." be and hereby is amended so as to read as follows: SEC. III. Any violation of the provisions of the preceding sections, shall be punished by a fine not to exceed $200 and costs, and by imprisonment in the County Jail for any period of time not exceeding six months, or either, in the discretion of the Court. — And if only a fine and costs be imnposed, the Court may make a further sentence, that in default ot the payment thereof, within a time to be fixed in such sentence, the offender be committed to the County Jail, or Detroit House of Correction, for any period of time not exceeding three months, Adopted May 4th, 1869. AN ORDINANCE RELATIVE TO THF NAVIGATION OF THIE SAGINAW RIVER, AND THE APPOINTMENT AND DUTIES OF A HARBOR MASTER It is hereby ordained by the Common Council of Bay City: SEC. I. No person shall throw or deposit in the Saginaw river, within the limits of Bay City, any substance which may, in any respect, tend to injure the navigation thereof. 52 CITY ORDINANCES. SEC. IT. No steamboat or other vessel shall anchor within one hundred feet of any wharf in said city; provided always, that nothing herein contained shall be construed to prevent any vessel from laying along side of any dock, with the consent of the owner of said dock. SEC. III. All steamboats and tugs coming to or going from the docks, shall be moved under a low head of steam, and slowly, so as not to endanger the docks, or other crafts in port. SEC. IV. The Common Council may annually appoint, on the first regular meeting in April, or at any regular meeting thereafter, a Harbor Master for the Port of Bay City, who shall take, and file with the Recorder, the oath of office, and who shall hold his office for one year, subject to removal under the Clarter. And in case of the sickness or other disability of said Harbor Master, he may appoint a Deputy, subject to the approval of the Common Council, to perform his duties during such sickness or disability. And such Harbor Master, when so appointed, shall receive for his services such sum as said Common Council may deem reasonable. SEC. V. It shall be the duty of such Harbor Master to enforce the execution of the several provisions of this Ordinance and of all other Laws and Ordinances, passed in pursuance of the Charter, for regulating and preserving the navigation of the said river within the limits of said city, and to make the necessary complaint for violations thereof. SEC. VI. The said Harbor Master shall have authority to protect the owners and occupants of wharves and docks, within the limits of the city, in the free and undisturbed use of the same.And he is authorized to regulate the anchorage of all vessels lying within said city limits, and to give such orders and directions relative to the location and change of station of any steamboat, tug or other vessel, as shall be for the interests of trade and navigation, having respect at all times to the rights of occupants of wharves and docks. And to this end he shall have full authority to go on board of and move any steamboat, tu- or vessel that shall be, without right or consent, occupying any of said docks or wharves, or anchored contrary to, or violating any of the provisions of this Ordinance; and every owner, captain, master, consignee, or other person, having in charge any such steamboat, tug or vessel, shall be liable to the penalties of this act for refusing to comply with such order or direction; and any person who shall obstruct, hinder or resist said officer in going aboard of said steamboat. tug or vessel, or when he has boarded the same in conformity to the powers herein vested in him, shall be liable to th e penalties of this Act. SEC. VII. Whenever the Harbor Master shall receive a written or verbal complaint or information, or in any manner know of a violation of this Ordinance, it shall be his duty forthwith to repair to the place where such violation has occurred'or is occurring, and to exercise any and every power vested in him to enforce this Or CITY ORDINANCES. 53 dinance, and to complain of the person or persons guilty of said violation. And if such Harbor Master shall refuse or neglect to comply with the provisions of this section, he shall be punished by a fine of not exceeding twenty-five dollars and costs of prosecution, or by imprisonment not exceeding twenty days, or both such fine and imprisonment, in the discretion of the Court. SEc. VIII. Any violation of. or failure to comply with the provisions of this Ordinance, or failure or neglect to comply with any orders or directions of such Harbor Master, given in accordance with this Act, shall be punished by a fine not to exceed two hundred dollars and costs of prosecution, or imprisonment for any period of time not exceeding six months. SEC. IX. The Harbor Master appointed under and by virtue of this Ordinance is hereby invested with all the powers of Special Policemen, appointed under the Charter. Adopted May 4th. 1869. AN ORDINANCE RELATIVE TO THE USE AND PROTECTION OF STREETS, ALLEYS, AND OTHER PUBLIC PLACES. SEC. 1. Be it ordained by lhe Common Council of Bay City, that no peron shall place, by himself or another, any stone, timber, lumber, planks, boards, bricks, or other materials, in or upon any street, alley or other public space, except for the purpose of building, and not for-that purpose except under permission first obtained from the Common Council; and such materials shall not be allowed to remain in such such street, alley, or other public space after the completion of such building. or the part or portion of such building for which such materials are required, or for a longer period than three months, and the same shall not be allowed to occupy and obstruct more than one-third of any street or alley; and after such building has been completed, all building material, dirt and rubbish arising therefrom shall be removed. SEc. II. No person shall dig or tear up any pavement, side or crosswalk, or dig any hole, ditch, drain or sewer, in any street, alley or other public space; or dig or extend any cellar up to or into any street, or under any sidewalk, without permission first obtained from the Common Council; and it shall be the duty of any person digging or tearing up any pavement, side or crosswalk, or digg,ing any hole, ditch, drain or sewer in any street, alley or other public space, as speedily as practicable to repair and put the same in as good order and condition as before; and in order to do this, such person shall pound down the earth so as to make it firm and solid, and if the earth shall settle, such person shall fill the same from time to time as may be necessary; and any person digging 54 CITY ORDINANCES. in any street, alley or other public space, for any of the purposes hereinbefore mentioned, or for any puripose whatever, shall erect and maintain a good and sufficient fence, railing or barrier around sucht excavation, in such a manne, as to prevent accidents. SE;c. III. Any perrni.sionr given under the foregoing sections shiall-be upon the express conditions that the )erson asking for such permission, or for whose benefit such materials are deposited or work done. or the owners of any lot in front of or on which such cellar may be dug, shall in addition to the penalties prescribed inl this Ordinance, be severally liable for all damnages which the city may incur by reason thereof, to be recovered by the city in an action (of assumpsit; and all persons asking and accepting such permission, or p)erniitting materials to bte deposited, or work done under the samte, shall be deemed and considered to have consented a,d agreed to, the terms and conditions of this section, whether the same shall have beeni referred to, or such conditions set forth in, the resolution of the Common Council granting such permission or not, and that this section shall have the samie force and effect as though a written contract was entered into and executed between said city and such person or persons. SEC. IV. No person shall himself, or by another, throw, place. deposit or leave in ainy street, highway, lane, alley, public space or square, any anieal or vegetable substance, dead animnal, fish, shells, shavings, dirt, rubbish, excrement, filth or any other article or substance whatever, which may cause an offensive or unwhlolesome smell. SFc. V. No person shall leave any horse, mule, oxen or team in any street, alley or public space, without being sufficiently tied; and no person shall halt any wagon, cart, carriage, sleigh or other vehicle on any crossway or footway. SEC. VI. No person shall drive, lead or back any horse, mule, ox, cow or other animal, or team, cart or wheel carriage on any sidewalk. SEC. VII. No person shall remove, or cause to be removed, or aid or assist in removing, any building into, along or across any street, alley or other public space, without permission first obtained from the Common Council or Street Commissioner. SEC. VIII. No person shall keep or maintain on any sidewalk, any wagon or stand for the sale of goods wares, or merchandise, vegetables or fruits. or place any boxes, barrels or other article on such sidewalk, except within three feet from the wall of his or her house or store. SEC. IX. No person shall ride or drive any horse, carriage, sleigh, or other vehicle, through any street or avenue in this city, at a taster rate than six miles per hour. SFC. X. No person shall make or continue any cellar door, windows or area so that the same shall extend more than four feet beyond the line of any sidewalk, and all areas shall be protected by sufficient grating or illuminated pavement, and every entrance or CITY ORDINANCES. 55 flight of steps projecting beyond the line of the sidewalk and descending into any cellar or basement story, where such entrance or flight of steps shall not be covered, shall be enclosed( wih a good permanent railing, put up not less than three feet high, and such steps and railing shall not occupy more than one-fifth of the width of the sidewalk. SEc. Xl. No perso shall himself, or by another, throw, place, deposit or leave in any street, highway, alley, public space or square, any earth. clay, dirt, sawdust, slabs, cordwood, edgings brickl plaster, molrtars sand or stone without the permission of the Common Council or Street Commissioner, or dig, remove or carry away any earth or soil fl om any street, alley, public place or square. without like permission; but nothling in this section shall be construed as prohibiting parties from piling cordwood or slabs, for fuel, against their fence in the alley, provided they do not use or occupy more than four feet in width of such alley. SEC. XII. No wooden post for the purpo.se of supporting any awning, shall be erected or set up in any street, avenue or public space, and all iron posts erected for the Aui pose of supporting awnings, shall not be iess than eight feet. in height. and to be placed next to and alongside the curb stone; and no rails or strips of board shail be used to connect such posts with the buildings. SEC. XII. No awning, or cloth or canvass used as an awning, shall be permitted to hang within eight feet of the sidewalk. SEc. XIV. No person shall suspend fromn any house, shop or srore, into or over any street, alley or other public space, any lamnp, sign., goods, clothes, wares or other article or substances -o that the same shall extend or project froml the wall or front of such buildIng more than three feet. SEC. XV. Nu person shall play any game of'nine or ten pins, ball, wicket or other games, in any street, alley or other public space. SEc. XVI. No posts, except iron posts, for the purpose of supporting awnings or hitching horses: shall be erected or put in any street, alley or public space without the permission first obtained from the Common Council. SEc. XVII. It shall not be lawful to gather in crowds on any sidewalkl or in any street, so as to obstruct travel therein or encuniber the same. SEC. XVIII. Any violation of the provisions of this Ordinance shall be punished by a fine not to exceed one hundred dollars and costs of prosecution, and imprisonment in the County Jail not exceeding three months, or either, in the discretion of the Court, and if only a fine and costs be imposed, the Court mnay make a further sentence. that the offniider may be imprisoned in the County Jail, or the Detroit HIlouse of Correction, until the payment thereof, for any period of time not exceeding three months. SEC. XIX. Each day that any excavation mentio'ied in Section two of this Ordinance, shall be perm-itted to remain without'le 6 (-ITY ORDINANCES. proper railing and barriers, as provided in said section, shall be deemed a distinct and separate offense, and may be punished as such in the manner provided in section eighteen of this Ordinace. It is hereby made the duty of the Marshal, Deputy Marshals, Police, and Street Commissioner ot the city to see that the provisions of this Ordinance are taithfully observed,.nd to make complaint for all violations of the same Adopted MIay 4th, 18)9. AN ORDINANCE PRESCRIBING THE POWERS AND DUTIES OF CITY PHYSICIAN. SECTION I. Be it ordained by the Coin mog CoGuncil of Bay City, That the City Physician shall examine into all sources of danger to the public health, and shall from time to time make such recommendation to the Common Courcil concerning the sanitary condition of the city, as to him shall seem necessary and proper. SEC. II. It shall be the duty of the City Physician, when directed by the Mayor, an Alderman or Director of the Poor. or when any such case as is hereinafter provided for shall come to his knowledge in any other manner, to attend any sick, disabled or infirm person who may be a charge upon the City, and render such medical assistance as may be necessary. Also, when any person likely to be a charge against the City is taken to the Pest House, the City Physician shall attend on the person so taken to the Pest House. SEC. III. It shall be the duty of the City Physician to vaccinate, without charge, any inhabitant of Bay City, not previously vaccinated, who may apply to him for that purpose. SEC. IV. The City Physician shall furnish, at his own expense, all medicines which may be necessary in the skillful and proper treatment of such sick or disabled persons as may be a charge upon the City, and also such vaccine matter as may be required to carry into force the provisions of section three of this Ordinance; but lihe shall be entitled, at the end of each quarter, during his term of office, upon his affidavit that he has vaccinated, free of charge, all inhabitants of Bay City who have called upon him for that purpose, to receive from the City Treasury the sum of fifty cents for each person so vaccinated by him, in addition to the salary of his office -the number so vaccinated to be set forth in said affidavit. SEC. V. It shall be the duty of the City Physician to procure, at the expense of the City, suitable cards, upop which shall be printed a copy of section three of this Ordinance, and also the name and residence of the City Physician; such cards shall be placed and kept in conspicuous positions in the office of the City Physician, Recorder, Cfnitroller, Treasurer and Director of the Poor. SEl. VI. No person shall be eligible to the office of City Phy CITY ORDINANCES. 57 sician who has not received a Diploma from a respectable Medical College. SEC. VII. In case of the absence or inability, from any cause, of the City Physician to attend to the duties of his office, ne shall, with the consent of the Mayor, provide, at his own expense, a competent physician to fill his place. Adopted May 4th, 1869. AN ORDINANCE REGULATING THE CONSTRUCTION OF SIDEWALKS, AND TO PROVIDE FOR THE COLLECTION OF TAXES TO DEFRAY THE EXPENSES THEREOF. SEC. 1. It is hereby ordained by the Common Council of Bay City, That ail Sidewalks and Crosswalks which shall be hereafter constructed within this city, shall be made in the following manner, viz; The street shall be surveyed, if the Street Commissioner shall deemn it necessary; the ground shall be graded i and such sidewalk shall be constructed of good sound pine, hemlock, or oak plank; such plank shall not be less than one and one-half inches in thickness, and twelve inches wide, and laid on sleepers not less than four by four inches, and nailed by forty penny nails in each plank with at least two nails at every bearing; the crosswalks shall be constructed of plank and sleepers, such plank to be at least three inches thick, and not more than twelve inches in width, and such sleepers shall not be less than four by five inches, the ends of the sleepers to project past the sides of said walk, so as to be bevelled for sid(le planks, which are also to be three inches in thickness, and spiked with sixty-penny nails, in the same iianner as above prescribed for sidewalks; and the sleepers for both side and crosswalks to be laid four feet apart from center to centexr, and all of said plank shall be laid so as to break joints; or such sidewalk may be constructed of brick, or flagging stone, or of asphaltum. SEC 11. Whenever the Common Council of said city shall deem it necessary to provide funds for defraying the expenses of constructing any sidewalk within the limits of said city, they shall do so assessments on the owners or occupants of the lots or premises in front of, or adjacent to, such sidewalk, or proposed sidewalk; pr vided that the expenses of constructing crosswalks across streets and alleys, and sidewalks in front of the public property of said city, shall be paid by general tax. SEc. III. Any parties interested shall have the privilege of constructing a plank sidewalk in firont of their respective premises after the same shall have been ordered by thile Common Council, within the time and after the same manner as hereinafter provided in section five, and shall be entitled to all the rights and privileges secured by said section. 58 CITY ORDINANCES. SEc. IV. When the Common Council shall direct the construction of any sidewalk, it shall be the duty of the Street Commissioner to ascertain the proper description, and the names of the owners of the premises within the limits embraced in the order of the Common Council, in front of which sidewalks are not already constructed, and he shall forthwith serve or cause to be served, upon all persons therein interested, a written or partly written or partly printed notice, by delivering the same to them personally, or leaving it at the party's usual place of abode or business, or when the persons interested are not residents, or cannot be found, by posting such notice in some conspicuous place on said premises, which said notice shall fully set forth the place where said walk is ordered, and that said party is allowed ten days within which to commence the construction of the same, and to be completed within twentyfive days thereafter, and if completed within that timne to the satisfaction of the Street Commissioner, that no expense of proceedings to collect the same be incurred by them; and upon the expiration of said ten days, the Street Commnissioner shall make a full return to the Comptroller of his doings under this section, and state fully whether such notices have or have not been complied with by such parties. SEC. V. If from such return it appears that said sidewalks have not been constructed by the parties notified within the twenty-five days prescribed, the said Comptroller shall, with all due diligence, ascertain from the best evidence in his power all the necessary facts, and shall then make out a written report or assessment roll, stating therein the names of the owners or occupants of the lots or premises in front of or adjacent to such sidewalks, describing by itself, with sufficient accuracy, each lot or portion of a lot owned by any one person or company of persons, and also the names of such owners or several owners, and when he cannot ascertain the names of any such owners or occupants, or either of them, he shall state such fact in his report; and said Comptroller shall also, in as accurate a manner as possible, ascertain, and in said report set forth, the space or number of feet of sidewalk to be placed in front of or adjacent to t e lot or premises owned or occupied by any one person or set of persons, the sum of money which such person or set of persons shall be asssessed at and pay for the construction of such sidewalk, which report said Comptroller shall present to said Common Council. SEC. ~VI. It shall be the duty of the Recorder, immediately af ter the filing of said report by the Comptroller, to make out a no tice directed to the several persons named in said report, notifying them that they are about to be assessed to defray the expeises of constructing such proposed sidewalk in front of or adjacsit to cer tain premises owned or occupied by them, and that the report of the Comptroller containing such assessment is on file in the office of said Recorder and open for inspection, and notifying them of the time and place that the Common Council will meet and review CITY ORDINANCES. 59 said report or assessment, on the request of any person conceiving himself aggrieved thereby; which notice shall be published in in some newspaper printed in said city, for two weeks previous to said meeting. SEC. VII. The Common Council shall, at the time and place in said notice specified, or at some session thereafter, take said assessment into consideration, and if no person appears to object to said report or roll, and no good cause to the contrary appears, and an affidavit of publication of the requisite notice having been made by some one acquainted with the facts, they shall, by a written resolution entered on their journal, declare that they approve of said report or assessment roll; that they receive as correct the description of the premises and the names of the individuals therein contained, and that the sum which said report states to be the correct one which each individual or set of individuals should be assessed at and pay, be the assessment, and be collected from the several persons liable, according to law; but if any sufficient cause appears, or is shown to said Common Council, they shall review said report or roll, and make such assessment as may be just and right in the premises; and said Common Conncil may adjourn from time to time, for the purpose of finishing said review of assessment. SEC. VIII. Upon the confirmation of the assessment roll by the Common Council, it shall be the duty of the Street Commissioner to construct, or cause such walk to be constructed, and when the same shall have been constructed, the amount of such assessment, together with all costs and charges, as provided in this Ordinance, shall be collected by warrant issued for that purpose, as hereinaf ter provided. SEC. IX. All expenses for making assessments under this Or dinance, incurred after the confirmation by the Common Council of the assessment roll, including the expense of printing notices, and four per cent. as collector's fees, shall be justly apportioned by the Comptroller to the persons liable to pay said assessments, and shall be collected at the same time and in the same manner, and he shall endorse upon such roll a detailed statement of the ex penses apportioned by him to the persons named in said roll, un der this section. SEC. X. Upon the confirmation and completion of said assess ment roll, as provided in sections eight and nine of this Ordinance, it shall be the duty of the Comptroller to attach to such roll a war rant, in due form, directed to the City Treasurer, commanding such Treasurer to collect from the several persons named in said roll the several sums mentioned in the last column of such roll oppo site their respective namnes, and to retain in his hands the amount of four per cent., fees on collection, and to hold the balance subject to the order of the Common Council; and the said warrant shall authorize the City Treasurer, in case any person named in the as sessment roll shall neglect or refuse to pay his tax, to levy the 60 CITY ORDINANCES same, by distress and sale of the goods and chattels of snch person; and further, commnanding the said Treasurer to make returns to the Common Council within thirty days thereafter. SEC. XI. It shall be the duty of said Treasurer upon the receipt of such tax or assessment roll, to proceed at once to collect said tax, as he is in the warrant thereto attached commanded; and he shall, at the time limited for the return of such warrant and tax roll, return the same to the Recorder, and shall in such roll indicate the names of all persons that have not paid their assessments thereon, together with a description of the premises upon which the same was assessed, and also a description of the premises the owners or occupants of which are not known, and upon which there are unpaid assessments; whereupon the said premises upon which such tax or assessment remains unpaid, shall be adververtised and sold, in the manner provided for the sale of lands for delinquent taxes in other cases. SEC. XII. The taxes and assessments levied by virtue of this Ordinance, shall become a lien on the lands described in the assessment roll, from and after the time such roll shall be delivered to the City Treasurer. SEC. XIII. All moneys collected on or by virtue of such assesment shall be considered as appropriated exclusively for the construction of the sidewalk for which the same was levied, and shall be used for no other purpose. SEC X1V. It shall be the duty of the Street Commissioner to keep, in a book, a copy of all notices served under section four of this Ordinance, on which shall be made a memorandum, signed by said Commissioner, of the time when, the person to whom, and the manner in which said notice was served. SEC. XV. Whenever, by mistake or otherwise, any person may be improperly designated as the owner or occupant of any lot or premises in proceedings under this Ordinance, or any other Ordinance of said city relative to taxes or assessments, the tax or assessment shall not for such cause be vitiated, but the same shall be a lien on such lot or premises, and collected as in other cases. SEC. XVI. All sidewalks in said city shall be kept in good repair by the owners or occupants of the house, lot, or premises adjoining or fronting on such; and whenever any sidewalk within the limits of said city shall require repairing, it shall be the duty of the Street Commissioner to notify, by a written or printed. or partly written and partly printed notice, the owner or occupant of such house, lot, or other premises adjacent to or fronting on such parts of said sidewalk needing such repairs, to repair the same within forty-eight hours, and if the person thus notified shall refuse or neglect to comply with the exigency of said notice, then the Street Commissioner shall have said repairs made, and shall report the making of the s;ime to the Comptroller, who shall prepare and transmit to the Common Council a proper assessment roll, assessing the expense of said repairs upon said lot or premises, which roll shall CITY ORDINANCES. 61 be confirmed by the Common Council in the same manner as provided in section seven of this Ordinance; and the amount of said assessment, with all costs and charges, including collection fee, as herein provided in section nine, shall be collected by warrant in the same manner as is hereinbefore provided in this Ordinance for the collection of taxes or assessments for the construction of sidewalks; and the amount of such tax shall be a lien on the lot or premises from the time such roll shall be delivered to the City Treasurer; and such lot or premises may be sold for the amount of such unpaid tax, in the manner provided for the sale of lands for delinquent taxes in other cases. SFC. XVII. If any lot or premisRes in front of or adjacent to which said repairs shall be required, shall be unoccupied, and the owner or owners, or lessee thereof, cannot be found in said city, said Street Commissioner may serve said notice to repair by posting the same in some conspicuous position upon said lot or premises, and he shall preserve a copy of said notice, as provided in section fourteen. And if any person shall neglect or refuse to repair any sidewalk, after notice as aforesaid, he shall, on conviction thereof, be suject to a penalty of five dollars for each offense, together with the costs of prosecution; he shall also be liable for all damages which the city may incur by reason thereof, to be recovered bv the city in an action of assumpsit. Adopted May 7th, 1869. AN ORDINANCE RELATIVE TO POUNDS, POUND-MASTERS, AND RESTRAINING AlIlMALS. SEc. 1. Be it ordained by the Common Council of Bay City, That there shall be one or more public Pounds in this city, to be located in such places as may be designated by the Common Council, and which shall be kept open between the first day of April and the first day of December in each year. SEC. II. The Common Council shall appoint one or more Pound Masters, who shall hold their office during the pleasure of said Common Council, who shall take and file the oath of office, and shall give bonds to the -ity in the sum of one hundred dollars, with one or more sureties, to be approved by the Mayor or Recorder, conditioned to pay to the City Treasurer all moneys that shall come into his hands as Pound Master, excepting fees and charges allowed him by this Ordinance. SEe. III. No horse, ass, mnule, swine, goat, sheep, neat-cattle, or geese shall run at large within the limits of Bay City. Provided that nothing in this Section or Ordinance shall be deemed or 62 CITY ORDINANCES. construed to prevent or prohibit cows from running at large within the limits of said city. SEC. IV. It is hereby made the duty of the Pound Masters, Marshal, Deputy Marshals, Policemen and Constables, and it shall be lawful for any other person above the age of twenty years, to take up and convey to one of the public pounds any animal or domestic fowl mentioned in the previous section, which may be found running at large within the city limits; and for such service the person performing it shall receive from the Pound Master the following compensation: For taking to a Pound any horse, ass mule, or swine, seventy-five cents a head; any neat-cattle, fifty cents a head; any sheep or goat, twenty-five cents a head; and for any goose, ten cents. SEC. V. The Pound Master shall purchase all necessary supplies for the sustenance of all animals and fowls impounded, and he shall receive, keep and feed any animal or fowl which may be brought to the Pound. SEC. VI. The Pound Master shall record: in a book kept for that purpose, add which shall at all times be open for public inspection, the time when any animal or fowl was received; he shall also keep a record of all sales, and the amount for which each aniiual and fowl was sold, and the amounts paid for bringing animals or fowls to the Pound. SEC. VII. The Pound Master shall, on Saturday of each week, commencing at ten o'clock in the forenoon, at the public Pound, sell at public auction, any horse, mule, ass or ox which has been impounded therein for a period of six days, and all other animals and fowls which have been impounded therein for a period of three days, and are unclaimed, or whose owners refuse to pay the fees hereinafter provided. The day on which any animal or fowl was received and the day of sale, shall each be included in estimating the time under this section. Notice of such sale shall be given, and shall contain a description, as near as may be, of the animal or fowl to be sold, and such notice shall, on the Thursday previous to such sale, be posted in conspicuous positions in the three following places, towit: at the Recorder's office, the Post Office, and the Pound where such sale is to be held. SEC. VIII. The proceeds arising from the sale of any animal or fowl, less the fees, costs and charges allowed by this Ordinance, shall, on Saturday of each week, be paid into the City Treasury, and shall constitute a separate fund, to be disposed of as provided in section nine. SEC. IX. The money paid into the Treasury, as provided in the last section, shall be delivered to the former owner of such animal or fowl, on satisfactory proof to the Treasurer that he or she was such owner. Provided, however, that all money deposited as aforesaid, which may remain unclaimed for the period of one year, shall be transferred and credited by the Treasurer to the Sinking Fund. CITY ORDINANCES. 63 SEC. X. Pound Masters shall demand and receive the following fees in addition to the amounts provided for in section five: For receiving and discharging or selling any horse, ass, mule, swine, or other animal, one dollar; for keeping and feeding any horse, ass, mule. or ox, one dollar per day; any sheep, goat, calf, or swine, twenty-five cents per day; for receiving and discharging any goose, ten cents; and for keeping any goose, ten cents a day. SEC. XI. The owner of any such animal or fowls may, at any time before sale, redeem the same upon payment to the Pound Master of the fees provided for in sections four snd ten: Provided, when animals or fowls are redeemed the same day on which they are impounded, the Pound Master shall demand and receive the compensation for one day's keeping and feeding. SEC. XII. The Pound Master shall, on Saturday in each week, report, under oath, in writing, to the City Comptroller, giving a detailed statement of the animals impounded since his last report, the number of animals and fowls claimed and sold, and the amount of money received by reason of fees and sales, and the quantity of grain and hay used for the Pound, and the amount paid into the City Treasury since his last report. SEC. XIII. No person shall hinder, delay or interfere with any one who is driving or carrying any animal or fowl to the Public Pound. SEC. XIV. No person shall break, or attempt to break, or assist in breaking into any Pound. SEC. XV. Pound Keepers shall possess and exercise the powers and duties of Policemen for the preservation of the public peace. SEC. XVI. No person shall take up, drive or carry to the Public Pound, any animal or fowl not legally liable to be impounded therein. SEC. XVII. The Pound Master shall not receive any other compensation than that herein provided. SEC. XVIII. If any animal or fowl that may have been lawfully impounded shall escape, or be rescued, any Pound Master, Marshal, Deputy Marshal, Constable or Policeman may, within seven days thereafter, retake such animal or fowl, and the same may be held and sold as if no escape or rescue had taken place. SEC. XIX. Any violation of the provisions of this ordinance shall be punished by a fine not to exceed one hundred dollars and costs of prosecution and imprisonment in the County jail not exceeding three months, or either, in the discretion of the Court, and in the imposition of any fine and costs the Court may make a further sentence, that the offender may be imprisoned in the County Jail, or the Detroit House of Correction, until the payment thereof. for any period of time not exceeding three months. SEC. XX. This Ordinance shall take effect from and after the first day of June, 1869. Adopted May 18th, 1869. 64 CITY ORDINANCES AN ORDINANCE RELATIVE TO NUISANCES. SEC. 1. It is hereby ordained by the Comnmon Coutz cil of Bay City, that no person shall, hinmself, or by another, throw, place, deposit or leave, in any street, highway, lane, alley, public space or square, any animal or vegetable substance, dead animal, fish, shells, shavings, dirt, rubbish. excrement, filth, slops, unclean or neauseous water or liquor, hay, straw, ashes, cinders, soot, offal, garbage, swill, or any other article or substance whatever, which may cause any noisome, offensive or unwholesome smell. SEc. II. No person shall keep, place or have on or in any private ho,use, lot or premises in this city, any dead carcass, putrid, offensive or unsound beef, pork, fish, hides, skins, bones, horns, stinking or rotten soap-grease, tallow, offal, garbage, or other animal or vegetable matter or substance, which may cause any unwholesome, noisome or offensive smell. SEC. II. When any dumb animal shall die within the limits of the city the owner or person in possession of it shall, within twelve hours thereafter, cause the carcass to be removed to some placee at'.east one mile beyond the city limits. SEC. IV. No owner or occupant of any grocery, cellar, tallow chandler's shop, tannery, butcher soop, slaughter-he use, stable, barn, privy, sewer, or other building or place, shall allow any nuisance to exist or remain on his or her premises. SEC. V. No person shall slaughter any beeves, sheep or other animals, within the city limits; nor allow any gr en or salted hides to remain on any street, sidewalk, or other open place with in the city longer than one hour. SEC. VI. The keeper of any livery or other stable shall keep the stable and stable-yard clean, and shall not permit between the first day of June and the first day of November, more than two cart-loads of manure to accumulate in or near the same at any one time. SEC. VII. No person shall collect or confine hogs, in pens or otherwise, so as to become offensive to his or her neilghbor or neighbors. SEC. VII1. Every dwelling house, store, mnanufactory, or shop, hereafter built in Bay Citv, shall be provided with a suitable privy, the vault of which shall be walled up with two-inch plank, brick or stone, and be sunk at least four feet below the level of the earth; the inside of such vault shall be at least one foot distant f'i omi the line of every adjoining highway, street, lane, alley or lot; and when there is a public sewer within one hundred feet of such privy, it shall be so constructed as to be drained into such sewer. SEC. IX. No privy shall be emptied between the fifteenth day of June and the fifteenth day of September, unless by the written permission of some member of the Board of Health. Privies shall CITY ORDINANCES. 65 be emptied between the hours of 10 P. M. and 3 A. M., and at no other time. SEC. X. Any cart, wagon, or other vehicle used, or intended to be used for the purpose of conveying swill, offal, garbage, excre ment, or night-soil, shall be perfectly tight and covered, so as to prevent the contents thereof from leaking or spilling; and such cart, wagon or other vehicle, when not in use, shall not be allowed to stand in any street, alley, public space or.square. SEC. XI. Any failure to comply with, or violation of the provi sions of this Ordinance shall be punished by a fine not to exceed one hundred dollars and the costs of prosecution, and impri sonment in the County Jail not exceeding three months, or either, in the discretion of the Court, and if only a fine and costs be im posed, the Court may make a further sentence that the offender be imprisoned in the Bay County Jail, or the Detroit House of Correction, until the payment thereof; Provided, however, that the period of such imprisonment shall not exceed the term of three months. SEC. XII. The Board of Health shall have power, and it is hereby made their duty, and each member of such Board of Health, and the Marshal and Police of said City shall each have the power, and it shall be the duty of each, to make diligent inquiry with respect to all nuisances of every description in said city,. which are or may be injurious to the public health, and abate the same, and to make and enter a proper complaint for each and every violation of any of the provisions of this Ordinance. Adopted May 18th, 1869. AN ORDINANCE. RELATIVE TO THE DUTIES OF STREET COMMISSIONER. SEc. I. Be it ordained by the Common Council of Bay City, That whenever the Common Council order any street to be graded, it shall be the duty of the Street Commissianer to grade or cause the same to be graded as soon as practicable thereafter, or, if he shall deem it for the best interests of the city, he may let the job of grading any particular street on such terms as he may deem adviaable, and he shall, at least once in each week, make a written report to the Common Council of all contracts made by him, the amount of work done on streets, and the expense of the same. SEC. II. It shall be the duty of the Street Commissioner to keep all streets that have been graded in good order and repair; to examine all bridges, culverts and sewers, and repair the same as often as may be necessary. He shall also see that the side-walks are kept in proper order. and that the plank used in the building, 66 CITY ORDINANCES. construction and repairing of sidewalks and crosswalks is of the kind and quality prescribed in the Ordinance relative thereto. Adopted May 18th, 1869. AN ORDINANCE RELATIVE TO DRAYS. SEC. I. Be it ordained by the Common Council of Bay City, That hereafter it shall be unlawful for any hackney coach, dray, cart, or truck to be employed in conveying persons, or in transportation of freight or articles within the city for hire or pay, unless the same has been entered and licensed agreeably to the following provisions: Suc. II. That the owners of all hackney coaches, dray, cart or truck employed in conveying persons or in the transportation of freight or other articles, for hire or pay, shall cause the same to be numbered with plain and conspicuous figures, to be painted, or otherwise to be secured on the out side of each coach, dray, cart, or truck. SEC. III. That the City Recorder shall keep a book for the entering and registering of the name and place of abode of the owner of each hackney coach, dray, cart, or truck, and he shall cause the same to be entered therein, under their proper head and number, with the name and place of residence of each owner thereof, and such entry shall be acknowledged by the signature of the owner or owners thereof. SEC. IV. That the owner or owners of all such hackney coaches, drays, carts, or trucks, before the same are used or permitted to be used, shall personally appear at the Recorder's office, and there cause an entry to be made of his or their name, place of residence, and a particular description of every such hackney coach, dray, cart or truck used by him or them, and cause the number designated by the Recorder to be affixed on the outside of such vehicle, and cause the same to be renewed as often as may be necessary to have them at all times conspicuous. SEc. V. That the Recorder of this city is hereby authorized to grant licenses for one year to any resident of Bay City, being the owner of any such coach, dray, cart or truck, on his paying into the City Treasury the sum of five dollars for one horse vehicles, and ten dollars for two horse vehicles. SEc. VI. That hereafter no person shall be entitled to demand, recover or receive any pay or reward for the conveyance of any person or persons, or the transportation of any freght, merchandise, wares or other articles whatever, within the city, unless the same has been entered and a license granted to the owner aforesaid. SEC. VII. That if any person shall alter the number, or neg CITY ORDINANCES. 67 lect to keep his coach or other vehicle numbered in the manner prescribed as aforesaid, or otherwise alter the certificate, or violate the provisions of this Ordinance, he or they shall, on conviction thereof before the Recorder, forfeit and pay for the use of the City, any sum not exceeding thirty dollars, SEC. VIII. Not more than two of such coaches, drays, carts, or trucks, while waiting for employment, shall stand on the same street within one block at the same time, and not within fifteen feet of any cross street, and be subject to the discretion of the Marshal as to the places they shall occupy. Adopted June 18th, 1869. AN ORDINANCE RELATIVE TO HAWKERS AND PEDDLERS. SEc. 1. Be it ordained by the Common Council of Bay City, That no person shall follow the business or occupation of a Hawker or Peddler within the limits of Bay City without a license from the Mayor or Recorder. SEc. II. The Mayor and Recorder are hereby autherized to li. cense any person to follow the business or occupation of a Hawker or Peddler, on his paying into the City Treasury the sum prescribed in the next section. SEC. III Any person soliciting a license shall pay therefor, as follows: If he intends to travel on foot, two dollars for the first day, and one dollar for each subsequent day. If he intends to travel with one horse, or other animal, the sum of five dollars for the first day, and two dollars per day for each subsequent day. If he intends to travel with two or more horses or animals, ten dollars for the first day, and five dollars for each subsequent day. Provided, that no license under this section shall be issued for a longer period than thirty days, and each renewal shall be deemed and considered a new license. SEC. IV. This ordinance is not intended to apply to any mechanic of this State selling or offering for sale any article ol his own manufacture or construction, nor to any person selling or offering for sale any vegetables, berries, fruit, butter, eggs, meat or fish. Szc, V. Any person violating any of the provisions et this Or dinance shall be punished by a fine not to exceed one hundred dollars and costs, and by imprisonment in the County Jail not ex ceeding six months, or either, in the discretion of the Court, and if only a fine and costs be imposed, the Court mayt make a fur ther sentence, that in default of the payment thereof, within a time to be fixed in such sentence, the offender be committed to 68 CITY ORDINANCES. the County Jail, or the Detroit House of Correction, for any per iod of time not exceeding three months. Adopted June 18th, 1869. --. AN ORDINANCE .:. RELATIVE TO ACTIONEERS. SEc. 1. Be it ordained by Ihe Common Council of Bay City, that no person shall exercise the business or trade of an Auctioneer, or sell property at public auction or outcry, without a license from the Mayor or Recorder. This section shall not apply to any per son selling property by virtue -of a legal process or under a mort gage, or for benevolent or charitable purposes. SEC. I1. The Mayor and Recorder are hereby authorized to grant a license to any person of good character on the conditions prescrib ed in the following section: SEC. 111. Any resident of Bay City, applying for a license, shall before the issuing thereof, pay into the City Treasury the sum often dollars, and execute a bond to the Corporation in the sum of five hundred dollars, with two sufficient sureties, conditioned for a a faithful observance of the Charter and Ordinances of the City. If he be a non-resident, he shall, before the issuing of the license, pay the sum of ten dollars for each and every day he proposes to sell, and execute a similar bond as hereinafter prescribed for residents. SEC. 1V. This Ordinance shall not be construed to require any licensed Auctioneer to take out a license for any person he may :employ as a salesman. SEC. V. No bell or crier shall be used to collect bidders at any auction. SEC. VI. It shall be lawful for any Auctioneer to sell on any street the following articles, to wit: molasses, oils, wines or any other liquors or liquids, the sale of which is authorized by law, contained in half barrels, barrels, casks, hogsheads, or other vessels, ship furniture and tackle, carriages, farming utensils, household furniture, and goods or merchandize in packages or parcels, which shall weigh one hundred pounds. Provided, however, that such Auctioneer, shall not obstruct or encumber any street sb as to interfere with travel. SEC. VII. Any yiolation of any of the provisions ofthis Ordinance shall be punished by a fine not to exceed one hundred dollars and costs, and by imprisonment in the County.Jail not exceeding six months, or either, in the discretion of the Court, and if only a fine and costs be imposed, the court may make a further sentence, that in default of the payment thereof, within a time to be fixed in such CITY ORDINANCES. 69 sentence, the offender be committed to the County Jail or Detroit House of Correction for any period of time not exceeding three months. Adopted June 18th, 1869. AN ORDINANCE. RELATIVE TO PAVING AND PLANKING STREETS, AND TO PRO VIDE FOR THE COLLECTION OF TAXES TO DEFRAY THE EXPEN SES THEREOF. SEC. I. Be it ordained by the Common Council of Bay City, that all avenues, streets, and alleys which are or shall be graded, may be planked or paved with such materials, as the Common Council may direct. SEc. II. Each street in Bay City, and one half of the Blocks on each side thereof, and in case the same is not laid off in Blocks, then a depth equal to such one-half the Blocks on said street, shall constitute and be a separate District, and shall be known and designated by the name of the street to which it belongs.'Provided, however, that the Water Street District shall also include all lands on the west side of said street, within the corporate limits of said city. SEC. III. Whenever the Common Council shall order any avenues, street or alley, in said city, to be paved or planked, the funds necessary for defraying the expenses thereof, shall be provided by causing an assessment to be made by the Comptroller on the owner or owners of the lots or premises within such Street District, as hereinafter provided. Provided, however, that the expense of paving or planking any avenue or street in front of any Park or public property of said city, that portion which would otherwise be a charge on such public property, shall be paid by general tax. Sec. IV. The Comptroller shall, with all due diligence, after the Common Council have ordered any avenue, street or alley, or any porti )n of the same, to be planked or paved, advertise for proposals for planking or paving the same, in accordance with such order, and also for excavating and grading said street, in connection therewith, which advertisment shall be inserted at least once in some weekly newspaper published in Bay City, and after receiving proposals, shall let the same, separately to the lowest responsible bidder as soon thereafter as the Common Council may have approved the contract. SEC. V. The Comptroller shall, as soon as may be, after such contract for planking or paving any avenue,street or alley shall have been made, ascertain the necessary facts, and shall make an assessment roll, stating therein the names of the owners of the lots or premi 70 CITY ORDINANCES. Qes within such district, or that portion of such district in which such avenue, street or alley shall be planked or paved, or ordered so to be, describing by itself with sufficient accuracy, each lot or portion of a lot owned by any one person or company of persons, and the estimated value of each lot or parcel, and also the names of such owner or several owners, and when he cannot ascertain the names of such owner or owners, or either of them, he shall state such facts in said roll; and said Comptroller shall asses (as per such contract) the gross amount necessary for planking or paving such avenue, street or alley, (except that portion of the expense which shall be paid by general tax as provided in Section three,) upon such lots or premises according to the benefits derived by such lots or premises from such paving or planking, anid he shall upon completing said roll file the same with the Recorder. [As amended, July 20th, 1869 ] SEC. VI. It shall be the duty of the Recorder, immnediately after the filing of said report or assessment roll by the Comptroller, to make out a notice directed to the several persons named in said report, notifying them that they are about to be assessed to defray the expenses of planking or paving such avenue, street or alley, and that the report of the Comptroller, containing such assessment, is on file in the office of said Recorder, and open for inspection, and notifying them of the time and place that the Common Council will meet and review said report or assessment, on the request of any person conceiving himself aggrieved thereby; which notice shall be published in some newspaper printed in said city, for two weeks previous to said meeting. SEc. VII. The Common (Council shall, at the time and place in said notice specified, or at some session thereafter, take said assessinent into consideration, and if no person appears to object to said report or roll, and no good cause to the contrary appears, and an affidavit of publication of the requisite notice having been made by some one acquainted with the facts, they shall, by a written resolution entered on their journal, declare that they approve of said report or assessment roll; that they receive as correct the descriptionii of the premises, and the names of the individuals therein contained, and that the sum which said report states to be the correct one, which each individual or set of individuals, should be assessed at and pay, be the assessment, and be collected from the several persons liable, according to law; but if any sufficient cause appears, or is shown to said Common Council, they shall review said report or roll, and make such assessment as may be just and right in the premises; and said Common Council may adjourn from time to time, for the purpose of finishing said review of assessment. SEC. VIII. Upon the confirmation of said assessment roll by the Common Council, and when such avenue, street or alley, or portion of the same shall be planked or paved, the amtnount of such assessment, together with one per cent. as collector's fees, shall be collected by warrant issued for that purpose, as hereinafter provided. SEC. IX. Upon the confirmation and completion of said assess CITY ORDINANCES. 71 71 ment roll, as provided in sections 7 and 8 of this Ordinance, it shall be the duty of the Comptroller to attach to such roll a wariant, in due form, directed to the City Treasurer, commanding such treasurer to collect from the several persons named in said roll, the several sums mentioned in the last column of such roll opposite their respective names, and to retain in his hands the amount of one per cent., tees on collection, and to hold the balance subject to the order of the Common Council; and the said warrant shall authorize the City Treasurer, in case any person named in the assessment roll shall neglect or refuse to pay his tax, to levy the same, by distress and sale of the goods and chattels of such person; and further, commanding the said Treasurer to make returns to the Common Council within thirty days thereafter. SEC. X. It shall be the duty of said Treasurer, upon the receipt of such tax or assessment roll, to proceed at once to collect said tax, as he is in the warrant thereto attached, commanded; and he shall, at the time limited for the return of such warrant and tax roll, return the same to the Recorder, and shall, in such roll, indicate the names of all persons that have not paid their assessments thereon, together with a description of the premises upon which the same was assessed, and also, a description of the premises, the owners or occupants of which are not known, and upon which there are unpaid assessments; whereupon the said premises upon which such tax or assessment remains unpaid, shall be advertised and sold, in the manner provided for the sale of lands for delinquent taxes in other cases. SEC. XI. The taxes and assessments levied by virtue of this Ordinance, shall become a lien on the lands described in the assessment roll, from and after the time such roll shall be delivered to the City Treasurer. SEC. XII. All moneys collected on or by virtue of such assessment shall be considered as appropriated exclusively for the planking or paving of the avenue, street or alley for which the same was levied, and shall be used for no other purpose. SEC. XIII. The cost and expense of excavating and grading ne. cessary for such planking or paving, and all other expenses incurred thereby, not herein otherwise provided for, shall be paid out of the general highway fund. Adopted June 18th, 1869. SEC. XIV. The Common Council may, by resolution extend the warrant and time for collecting taxes under this Ordinance, but they shall not extend the time more than sixty days in addition to the time provided for in Section nine. Adopted, August 24th, 1869. 72 CITY ORDINANCES. AN ORDINANCE TO AMEND AN ORDINANCE TO ESTABLISH FIRE LIMITS. SEC. I. No person shall hereafter, without the written permission of the Common Council, erect, repair or place any building or part of building, on any of the streets, alleys or limits, included within the limits of Bay City, bounded as follows: On the North by the South side of Second Street. On the East by the West side of Washington Street. On the South by the North side of Eighth Street; and on the West, by the Saginaw River. Also, within one hundred and fifty feet of that portion of Center Street that lies between Washingtonl Street and Jefferson Street. Also within the territory lying between Adams and Madison streets, from Center to Second Streets, unless the same shall be two stories in height, constructed of stone, brick or iron. Roofs covered with slate, tile, metal, gravel, or composition; or shingles laid in not less than five-eighth inches of mortar, and cornices of stone, brick, metal-or wood; and if wood, the same shall be painted with three coats of paint. and heavily sanded. And in all buildings erected of brick, stone or iron, in blocks of two or more buildings within said fire limits, there shall be erected partition walls of stone or brick, at least one foot in thickness, where such building is over two stories in height; and not less than eight inches in thickness, where such building is two stories or less in height; and all party and side walls in such blocks, shall extend at least twenty inches above the roof. Adopted, SEC. II. Any violation of, or failure to comply with the provisions of this Ordinance, shall be punished by a finle not to exceed two hundred dollars, and costs, and by imprisooment for any period of time not exceeding six months, or by either, in the discretion of the Court. And if only a fine and costs be imposed, the Court may make a further sentence, that in default of the payment thereof within a time to be fixed in such sentence, the offender be committed to the County Jail, or Detroit House of Correction for any period of time not to excced three mon~ths. As amended, August 24, 1869. AN ORDINANCE RELATIVE TO DOGS. It is hereby ordained by thbe Comiemon Council of Bay City, as follows: SECTION I. No person shall be allowed to keep or suffer to run CITY ORDIN-ANCES. 73 at large, any dog, or slut of vicious or ferocious character or disposition, under a penalty for each offense, not exceeding one hundred dollars. SEC. II. It shall not be lawful for any dog, slut or bitch, to run at large within the limits of Bay City, during the months of June, July, August and September, unless muzzled, as hereinafter provided for. SEc. III. During the months of June, July, August and Septeminber, no dog, slut or bitch, shall be allowed to run at large within the limits of said city, unless muzzled with a good and sufficient muzzle, rendering it impossible for such dog, slut or bitch, to do any mischief by biting any person, or animal. SEC. IV. Every person owning or having, in his o? her possession, any dog, slut or bitch, and who shall allow or suffer, any such dog, slut or bitch, not muzzled as provided in the preceding section, shall on conviction thereof, be punished by a penalty not exceeding one hundred dollars. SEC. V. Any person or persons, convicted of violating any of the provisions of this Ordinance, or failing to pay the penalty imposed, shall be imprisoned in the county jail of Bay County, until the payment of such penalty, not exceeding the termn to be fixed by the Court trying the offender; and not exceeding in any case, the term of ninety days. SEc. VI. This Ordinance shall be published in the Bay City JOURNAL, as soon as may be, and shall take effect from, and after the 23rd day of June, A. D. 1868. AN ORDINANCE RELATIVE TO THE PRESERVATION OF THE PEACE AND GOOD ORDER, AND TO THE PREVENTION OF VIOLATIONS OF THE SAB BATH. It is hereby ordained by the Conmmon Coutncil of Bay City, as follows: SECTION 1. All persons committing any act constituting a riot within the limits of Bay City, and all persons aiding and abetting thereof, in said city; and all persons cotmmitting any act constituting a breach of the peace, shall on conviction thereof, be punished by a penalty not less than two dollars, and not exceeding one hundred dollars. SEC. II. All common prostitutes, or keepers of bandy houses, for the resort of prostitutes in said city, shall on conviction thereof, be punished by a penalty not less than ten dollars, and not exceeding one hundred dollars. SEC. III. Any person or persons found gamining or gambling, betting or hazarding any money or article of value, in any street or place of public resort, saloon or public house, within the limits of said city, shall on conviction thereof, be punished by a penalty 74 CITY ORDINANCES. not less than five dollars, and not exceeding one hundred dollars. SEC. IV. Any person or persons who shall keep in any street, or other public place in said city, any gaming-table, wheel of fortune, box-machine, instrument or device, for the purpose of gambling, shall on conviction, be punished by a penalty not less than twenty dollars, and not exceeding one hundred dollars, SEC. V. Ally keeper or keepers of inns, victualing places, restaurants, saloons, bowling-alleys. billiard-rooms, or other public places within the limits of said city, who shall allow, or knowingly permit the betting or hazarding, of any money, or article of value, upon game, hazard or other device, within such inn, victualing place, restaurant, saloon, bowling-alley, billiard-room, or other public place, or in any apartment thereof, or in any out-house, yard or building, belonging thereto,or connected therewith, shall on conviction thereof, be punished by a penalty not less than fifteen dollars, and not exceeding one hundred dollars. SEc. VI. Any person or persons who shall, on the first day of the week, commonly called Sunday, sell or give away, within the limits of said city. any whisky, wine, ale, or other spiritous or fomented liquors, shall on conviction thereof, be punished by a fine not less than ten dollars. and not exceeding one hundred dollars. SEC. VII. Any keeper or keepers of any inn, victualing place, restaurant, saloon, bowling-alley, billiard-room, or other public place in said city, who shall allow, or knowingly permit any whisky, wine, ale, or other fermented or spiritous liquors, to be drank on the first day of the week commonly (alled Sunday, within such inn, victualing place, restaurant. saloon, bowling-alley, billiardroom, or other public place, or in any apartment thereof; or in any out-house, yard, or building belonging thereto, or connecting therewith, shall on conviction thereof, be punished by a penalty not less than ten dollars, and not exceeding one hundred dollars. SEC. VIII. The provisions of the two last sections, shall not be construed to prohibit the sale, or giving of spiritous or fermented liquors, by keepers of inns or hotels, to travelers or transient guests, stopping at such inn or hotel; nor to to.e sale or giving away of the same for medicinal purposes. SEC. IX. The person or persons convicted of violating any of the provisions of this Ordinance, or failing to pay the penalty imposed, shall be imprisoned in the county jail of Bay County, until the payment of such penalty, not exceeding the term to be fixed by the Court trying the offender; and not exceeding in any case, the term of ninety days, which penalty shall be recovered as aforesaid, with costs according to the provisions of the charter, in such case made and provided. SEC. X. This Ordinance shall be published, as soon as may be, in the Bay City JOURNAL, and shall take effect from and after the 19th day of June, A. D. 1868. Adopted June 9th, 1869. For amendment see Ordinance adopted May 4th, 1869, on page 50. CITY ORDINANCES. 75 AN ORDINANCE RELATIVE TO DISORDERLY HOUSES. It is hereby ordained bythe Com7nmon Coutncil of Bay City, as follows: SECTION I. Any person or persons who shall within the limit. of Bay City, keep a disorderly or ill governed house, or place, or a house for the resort of persons of evil name or fame, or of dishonest conversation; or who shall procure, or suffer to come together at such house or place, persons of evil iamne or fi me; or who shall commit, or suffer to be committed therein, any immoral, indecent or improper conduct or behaviors or any reveling, riot or disturbance; every person or persons so offending, or who shall aid or assist in any manner in offending in the premises, shall on conviction thereof, be punished as prescribed in section three of this Ordinance. SEC. II. If any person or persons within the limits of Bay City, commit, or suffer to be committed in any house or other building or premises, by him, her. or them occupied, any rioting, quarreling, fighting, reveling, drunkenness, noise, or any other disorderly conduct calculated to disturb the neighborhood, or annoy travelers or others; any person or persons offending in the premises, shall on conviction thereof, be punished as prescribed in the following section. For amendment, Section three, see Ordinance adopted May 4th, 1869, on page 51. SEC. 4. This Ordinance shall take effect, at the expiration of three days alter the first publication thereof, in a newspaper published in said city. Made and passed, March 19th, 1868. AN ORDINANCE. TO CALL SPECIAL MEETINGS OF THE COMMON COUNCIL OF BAY CITY. SEC I. It is hereby ordained by the Common Council of Bay City, that special meetings of said Council, may be called by the Mayor of said city, or in case of his absence from the city, or inability to officiate, by the Recorder, serving a written notice-signed by him officially, or by the Recorder-personally on each member of said Common Council, or by leaving such written notice at the dwelling house or place of business of said member. SEC. II. Such notice shall appoint the hour, day and place, of such specialmceting; and shall be served at least two hours be 76 CITY ORDINANCES. fore the time designated to hold such meeting; and may be served by the Marshall, or any person authorized to serve the same. Made and passed, January 14th, 1868. AN ORDINANCE RELATIVE TO GAS LIGHTS. SECTION I. Be it ordained by the Mayor, Recorder and l41dermen, of the city of Bay City, that the exclusive right and privilege of erecting Gas Works within this city, and of laying and continuing gas pipes along and across any, and all of the streets, sidewalks, lanes. alleys and public grounds in said city; and of manufacturing gas, for sale, for lights, and of supplying said city, and the buildings and streets therein with gas for lighting the same, be, and is hereby granted and secured to James Clements, upon the conditions, and under the restrictions hereinafter mentioned. for the term of twenty years from the passage of this Ordinance; provided, however, and this grant is made subject to the following restrictions and conditions, to wit: SEc. II. That said James Clements shall, within sixty days after the passage of this Ordinance, organize a company, under the act of the Legislature of the State of Michigan, entitled an act to authorize the formation of Gas Light Companies. Approved Feb. 12thl, 1855. And said company file their acceptance of this Ordinance. and a copy of their articles of asso iation, with the Recorder of said city, and a written assent of said company to the provissions of this Ordinance; and the agreement by the said company, signed by the officers of said company, to erect Gas Works in said city, and to manufacture gas; and tQ supply the same to consumers, upon the terms hereinafter mentioned. SEC. III. That said company shall, within ninety days from their acceptance of this Ordinance, commence the erection of Gas Woiks In said city; and shall within one year, lay down at least ten thousand feet of gas pipe in said city; and shall supply, and continue to supply, all persons along the lines of such pipe, who may suitably supply their premises and buildings with service pipe and fixtures, for receiving and burning gas; and who may require and pay for the same, and sizn the rules and regulations usual Gas Companies, with gas of as good quality as that furnished by the Detroit Gas Company, at a rate not exceedingexclusive of a reasonable rent for meters. and the U. S. tax-four dollars per thousand cubic feet, for private lights; and to the corporation of the city of Bay City for public lamnps: at a rate not exceeding three dollars and fifty cents per thousand cubic feet. Provided, however, that the average cost to both public and pri CITY ORDINANCES. 77 vate consumers, shall not exceed the rate paid by other cities of the State of like population, similarly situated as to the cost of manufacturing gas. And that thereafter, as other parts of the city may become more compactly built, so as to afford responsible applicants as consumers of gas in five (5) different buildings, who shall agree to take, and continue to use and pay for gas therein, for each additional two hundred and fifty feet of main pipe, the said company shall, within a reasonable time after such application for that purpose, extend gas pipes, and furnish gas upon the terms aforesaid, to each additional building of said applicants. SEc. IV. And that said company in digging for, and laying gas pipes, shall take care not unnecessarily or unreasonably, to obstruct or injure any street. sidewalk, lane or alley, and shall with reasonable diligence restore such street, sidewalk, lane or alley, to as good a state of repair as the same was il before disturbed by said company; and shall in all respects fully indemnify and save harmless, the city of Bay City from and against all damages or costs which the city may be put to or sustain by reason of such digging; and shall comply in all respects, with the provisions of all Ordinances of said city, which have been and may hereatter be passed relative to the streets, sidewalks, lanes and alleys, not inconsistent, or in conflict with the rights and privileges granted by this Ordinance. SEC. V. And in case the dividends of said company, shall average to exceed fifteen per cent per annum, the Common Council may at any time, after giving to the said company ninety days notice to show cause against such reduction, have power to compel the said company to make a reduction in the price of gas, equivalent to the excess of its dividends oyer fifteen per cent per annunm. The reduction to be pro rata to the citizens and the corporation. SEC. VI. That at least one of the directors of said company, shall always be an actual resident of the city of Bay City, and that the office of the company shall be located in said city. Made and passed, Dec. 27th, 1867. AN ORDINANCE DEFINING THE DUTIES OF FIRE WARDEN, REGULATING THE SALE OF GUNPOWDER, AND FOR THE PROTECTION OF PROPER TY FROM DANGER FROM FIRE. Be it ordained by the Common Council of the city of Bay City: SECTION I. The Fire Wardens of the said city of Bay City shall constitute a board, of whom two or more shall constitute a quorum, for the purpose of considering the most efficient and prompt manner of discharging the duties imposed or them by the laws and Ordinances of the said city; and they shall choose from their num 78 CITY ORDINANCES. ber a chief and clerk, at such time and manner as they may designate. The Fire Wardens of the respective Wards shall notice and correct any infractions of the laws and Ordinances made for the protection of the city from fires, in their respective Wards particularly, and in the city generally; and the Warden of each Ward shall make a report of the state and police ot his Ward, as respects danger from exposure to fires, on the first Mondays of June and December in each year, to the Chief Warden, who shall make report of the same in reference to the city generally, to the Common Council; and the Board may impose such fines upon the members as, in their judgement. may best secure the performance of the duties of said Fire-Wardens, and for non-attendance at regular or special meetings of the Wardens; and for any such disobedience, the Fire Warden so disobeying, may be removed by the Common Council, and may be fined a sum not to exceed ten dollars, which fine shall be collected in the manner provided in the Charter. SEC. II. It shall be the duty of the said Wardens, in their respective Wards, twice in each year, vlz: In the months of May and November, and as much oftener as may be deemed proper, between sunrise and sunset, to enter into any house or building, lots, yards or premises in sai(l city, and examine the fire-places, hearths. chimneys, stoves and pipes thereto, ovens, boilers, or other apparatus likely to cause fire; also the places where ashes may be deposited, and all places where any gun-powder, hemp, flax, tow. hay, straw, rushes, shavings, or other combustible materials may be lodged; and the said Fire Wardens shall give such directions in regard to the several foregoing matters as they, or any of them, may think expedient, either as to the removal and alteration, or better care and management thereof; which directions shall be obeyed and complied with by the person or persons directed in that behalf, and at their expense. SEc. 111I. The said Fire Wardens shall also have authority to cause chimneys to be burned out, or otherwise cleaned whenever they shall deemn it necessary, and to require the tenant or tenants, owner or owners, of any blacksmith shop, so to alter or construct, (as the case may require,) the chimneys in said shop so as to prevent sparks of fire from passing into the open air; and may require the ceiling or sides of any shop, or any part thereof, to be plastered; and also to remove or abate, with the consent of the Mayor, Recorder, or any Alderman, in case of the neglect or refusal of the owner or occupant, any cause from which danger of fire may be apprehended, at the expense of the person who should have done the same. Whenever any owner or occupant of any premises shall be required by the fire Warden to remove or abate any of said causes, or to sweep their chimneys, and shall neglect or refuse to do the same, said owner shall forfeit and pay a penalty of not less than one dollar, nor exceeding twenty dollars. SEC. IV. If any person shall obstruct or hinder any Fire War CITY ORDINANCES. 79 den in the performance of his duty, such person shall pay a fine not less than one dollar, and not exceeding twenty dollars, and the costs of prosecution; and all expenses caused in carrying into effect the directipns of the Fire Wardens, shall be paid by the occupant of the premises, and if said occupant is a tenant, said expenses shall be deducted from the rent payable by him, her or them, unless such directions shall be rendered necessary by the act or default of said occupant, or there be a special agreement to the contrary between the landlord and said occupant. If said expenses are not paid on demand of any of said Fire Wardens, they shall be collected in the same manner as is provided for in the Ordinance pro - viding for the collection of special assessments. Whenever the directions of said Fire Wardens are not duly complied with, or in case of any violation of this Ordinance, the said Wardens shall report the same to the Common Council, who may, thereupon, cause the offenders to be prosecuted for the recovery of the penalties incurred by'hem. SEC. V. No pipe of any stove or Franklin shall be put up in any house, or building, unless it be conducted into a chimney made of brick or stone, nor shall any person, at any time, set fire to any chimney, without plevious consent of the Fire Warden of the proper Ward; and any person putting up, or procuring to be put up, the pipe of any stove or Franklin, or doing any act contrary to this Section, shall, for every offense, forfeit five dollars, and the further sum of one dollar for every twenty-four hours the same shall remain so put up, after notice by any Fire Warden to alter the same. SEC. VI. Every chimney heaeafter to be erected: shall be plastered with lime and sand on the inside thereof, under a penalty of ten dollars, and a further penalty of five dollars for every fifteen days neglect to alter, or take down the same, after notice given by any Fire Warden for that purpose. SEC. VII. No person shall carry fire in or through any street or lot, within fifty feet of any building; except the same be placed or carried, in some close and secure pan or vessel, under a penalty of five dollars for each offense. SEc. VIII. No ashes, except at Manufactories where ashes are used, shall be kept or deposited in any part of this city, within fifty feet of any building, shed or fence, unless the same be in a close and secure metallic or earthen vessel, or brick or stone ashroom, under a penalty of one dollar for every twenty-four hours the sanie shall remain after notice from a Fire Warden to remove the same. SEC. IX. No person shall fire, or set off, any squib, cracker, gunpowder, or fire-works, or fire any gun, pistol or cannon, (except on the Fourth of July, between the hours of 4 o'clock A. M. and 10 P. M.,) in any part of this city, unless by written permission from the Mayor, or two Alderman, which permission shall limit the time of the firing, and shall be subject to be revoked at any time 80 CITY ORDINANCES. by the Common Council; and any person violating any of the provisions of this Section, shall forfeit the penalty of five dollars for each and every offense. SEC. X. Every dwelling house or other building, more than one story in heighth, hereafter to be erected in this city, shall have a scuttle through the roof, and a suitable and convenient ladder or way leading to the same; and any person constructing stich dwelling house or building, without such scuttle; neglecting to comply with the provisions of this Section for the space of thirty days after notice from a Fire Warden, shall forfeit twenty-five dollars, and the further sum of five dollars for every ten days the noncompliance shall continue to exist. Any Fire Warden may require the owner or occupant of any house or building now erected, to construct such scuttle and convenient way, or ladder leading to the same, and after the said notice, on failing to comply with the same, shall be liable to the penalty herein named. SEC. XI. It shall not be lawful for ally person to have in his or her possession, any shavings, wood or fuel, of any description, combustibles, or any material that may occasion hazard or danger of fire, unless the same shall be placed in such situation, and be secured in such manner, as shall be directed by the Fire Wardens, or either of them, of the Ward in which the before enumerated articles shall be deposited; and all carpenters, cabinet-makers, turners, coach-makers, wheel-wrights, coopers, and others, using any trade by which shavings are made, shall respectively, at the close of each day, on leaving off work, cause the place where such shavings are, to be swept, and the shavings to be carefully gathered and placed in boxes, or to be otherwise compactly and securely stowed in some safe place remote from danger from fire or candlelight, and so to be kept until the same shall be taken away firom such premises as aforesaid; under the penalty of five dollars for each omission or offense herein. SEC. XII. It shall not be lawful to burn any shavings in any street, road or lane, except in a rain or snow storm, and not then in any place nearer than 50 feet from any building, or to kindle any fire to any other combustible matter in any street, road or lane, or on any wharf in this city, under a penalty not exceeding ten dollars for each offense. SEC. XIII. No person shall have, put or keep within said city, any hay or straw, hemp, flax, tow, shavings or rushes, in any stable or other building, or in any other part of said city which is, or shall be within such distance fiom any chimney, hearth or fireplace, or place for depositing ashes, nor in any dwelling house whatever, as may be deemed unsafe or dangerous by the Fire Warden of the proper Ward, under a penalty of five dollars, and costs of suit, for each and every offense; and the further sum of ten dollars and said costs, for every twenty-four hours the same shall remain after due notice given in writing, to the offender by the Fire Warden, or other officer. CITY OR-DINANOES. -81 SEc. XIV. If any Fire Warden, during a fire, and in the vicinity thereof, shall discover in any building, a greater quantity than twelve pounds of gunpowder, it shall be lawful for him to seize without warrant, and convert the same as forfeited to use of the Fire Department. SEc. XV. There shall not be kept within the limits of this city, at any one time, in any one houtise and its appurtenances, any greater quantity of gunpowder than. the weight of twelve pounds, which twelve pounds of gunpo'wder'shall be well secuired in metal cannisters, with metal stoplpers or covers, neither of which bshall contain more than seven pounds Weight; all gunpowder which shall be kept in this city contrary to the meaning and provisions of this Ordinance, shall be forfeited by the person or persons so keeping the same. and it shall be lawful for the Mayor, Engineer, or any Fire Warden, to seize the same in the manner as provided in Section fourteen, and the person or persons so offending, shall also forfeit the sum of thirty dollars for every hundred pounds of gunpowder-and in that proportion for a greater or less quantity so kept contrary to the true intent and meaning of this chapter-to be recovered, with costs of sueh suit, before the Recorder, or any Justice of the Peace of said city; Proviided, that no greater quantity may be lawfully kept in any dwelling house, not occupied as a store, than one pound of powder; and no warehouse shall receive on storage for any greater length of time than twenty-four hours, and no vessel having on board any greater quantity of powder than two kegs, shall be allowed to lie at any wharf in said city, for a longer period of time than twelve hours. Sec. XVI. It shall be the duty of the Chief Warden, or City Marshal, to dispose of all gunpowder forfeited and seized as provided in the preceding Section, and pay the proceeds arising therefrom, into the Treasury of the Fire Department, taking the receipt of the Treasurer of said Department therefor. SEc. XVII. No owner or occupant of any livery or other stable within this city, nor any person in the employment of said owner or occupant, shall use any lighted candle or other light, except the same be securely kept within a horn, tin or glass lantern, under a penalty not exceeding ten dollars for each offense, with costs of suit. SEc. XVII. If any offense shall be committed against this Ordinance by any child, apprentiee, or servant, the forfeiture, penalty and costs may be recovered from, and paid by, the parent, master or mistress of the party offending. SEC. XIX. It shall be lawful for said Wardens to order any change they may esteem to be necessary to secure safety from fire, in any chimney-pots or other connection through or in partition walls or ceilings, through which stovepipes are intended to pass. And after the passage of this Ordinance, no such wall-crock, or pot shall be used in any such wall, unless the same shall be so constructed of tin, plaster of paris, or proper brick 82 CITY ORDINANCES. work, as to prevent the stove-pipe from reaching, in any part of it, nearer than two inches from any stud, joist, lath, or any wood work; and if the same shall be of tin, then it shall be necessary to construct the same with two pipes, not less than 1 1-2 inches apart, constituting an air chamber. Adopted, 1866. SEC. XX. Any violation ot or failure to comply with the pro visions of this Ordinance, shall be punished by a fine not to exceed two hundred dollars, and costs, and by imprisonment for any period of time not exceeding six months, or by either, in the discretion of the Court. And if only a fine and costs be imposed, the Court may make a further sentence, that in default of the payment thereof within a time to be fixed in such sentence, the offender be committed to the County Jail, or Detroit House of Correction for any period of time not exceeding three months. As amended, August 24th, 1869. AN ORDINANCE TO PROVIDE FOR THE INSPECTION OF WOOD, AND THE DUTIES OF WOOD INSPECTOR. Be it ordained by the Common Council of the city of Bay City: SECTION I. There shall be appointed by the Common Council of Bay city, one Inspector, whose duties shall consist in the measuring of wood, and said Inspector may appoint so many assistants from time to time, to act in each Ward in said city, as to him may seem necessary. SEc. II. It shall be unlawful for any person to expose for sale, or to sell within the limits of said city, from any wagon, sleigh, or other vehicle, any firewood which has not been inspected by the said Inspector, or one of his duly authorized assistants, and for which the owner, driver, or person in charge of such team or vehicle. shall not have obtained from such Inspector or his authorized assistant, a certificate of the quantity contained in such load of wood, as also the quality of said wood; and it is hereby made the duty of such Inspector or his assistant to grant such certificate to each and every applicant therefor, after actual measurement and Inspection of such load of wood so presented to him or them at their regular.ffice, upon receipt by him or them of the fees hereinafter provided for. SEC. III. It shall be unlawful for any person or persons to purchase any load of wood within tl,e limits of said city, without having obtained from the seller of the same, the certificate of said Inspector or his duly authorized assistant; and it is hereby made the duty of every such purchaser, to destroy or cancel such certificate upon the delivery to him of every such load of Wood. CITY ORDINANCES. 83 SEC. IV. Such Inspector shall be entitled to receive for each such certiffcate so issued by him, the sum of ten cents for each and every load of wood so inspected by him from wagons, sleighs, or other vehicle; Provided, however, that the purchaser of any quantity of wood exceeding five cords, may have the same piled upon his own property or premises, and afterwards inspected by said Inspector or his assistants, and the fees in such case may be such a sum as the said Inspector may charge, not in any case to exceed ten cents per cord, or less than three cents per cord. SEC. V. In the inspection of wood the measurement shall be at the rate of 128 cubic feet to the cord, and in deciding the quality of the same, said Inspector shall be governed by the following schedule: No. I wood.-Beach, hard maple and hickory, straight body wood, free from limbs. No. 2.-Shall be mixed wood, including all except basswood, pine and hemlock, and may include not exceeding one eigthth in quantity good limbs. No. 3.-Shall be basswood, pine, hemlock, and all other woods, in which are included limbs not exceeding one-quarter of the whole quantity. SEC. VI. Any person violating the provisions of this Ordinance shall be fined, on conviction thereof, in a sum of not less than three dollars, nor over ten dollars, with cost of prosecution. Adopted, January 2d, 1866. AN ORDINANCE. TO PREVENT THE ACCUMULATION OF SNOW UPON THE SIDE WALK. It is hereby ordained by the Common Council of the city of Bay City: SECTION 1. That from and after the 1st day of December, A. D., 1865, it shall be unlawful for the owner or occupier of any lot or block within the limits of said city, in front of or upon any part of which lot or block there is a sidewalk, to allow the accnmulation of snow or sleet upon such sidewalk to a greater depth than one inch, for a greater length of time than 12 hours after the cessation of any storm of snow or sleet. SEC. II. It shall be the duty of the Street Commissioner, the Marshal, or of any Policeman or Constable of said city, after the expiration of twelve hours after any fall of snow or sleet, exceeding one inch in depth, to notify the occupant or lessee of any property, or the owner or agent of such property, and such notice may be verbal, if the sidewalks have not been properly cleaned; and 84 C ITY ORDINANCES. the officer so notifying may in his discretion, give to said delinquent person, a time not exceeding twelve hours in which to remove all accumulations of snow and ice from said sidewalk, and in case the said order is not complied with, or if ithe occupant or owner, or agent of said property cannot be found, after a reasonable endeavor, then it shall be the duty of such officer to cause the said accumulation of snow and ice to be removed from such walk, at the expense first, of the occupant, or if the occupant cannot be found, or if such expense cannot be collected from such occupant, then from the owner of said lot; and such expenses of removal, together with the fees and fines hereinafter provided for, shall be and remain a special charge and assessment upon such property, to be collected in the same manner as is provided in an Ordinance of said city, entitled " An Ordinance regalating the sale of lands for delinquent taxes on special assessments." SEC. III. In case said notice shall not have been complied with, it shall be the duty of the officer giving such notification, to report the fact of such notice having been given, and of its not having been complied with, to the Recorder or any Justice of the Peace, having jurisdiction in said city, and of the expense incurred in the cleaning of such sidewalk, whereupon the said Recorder, or Justice of the Peace, shall proceed upon the complaint of said officer, in due form of law to collect such expense from such delinquent, provided always that no judgment shall be given for a greater amount than the actual expense incurred in cleaning off such sidewalk, together with the fee of twenty-five cents to the officer or person making the complaint, in addition to the fees of said Recorder or Justice of the Peace, and the usual cost of suits in Justices' Court; but such Recorder or Justice of the Peace, may, in his own discretion add a fine of not less than fifty cents, nor exceeding ten dollars, where the circumstances are of an aggravating character, or the delinquency is habitual. SEc. rV. All moneys or fines received by such Recorder or Justice of the Peace, shall by him be paid into the City Treasury, and all expenses of cleaning such walk shall be paid by an order from the Recorder or convicting Justice, upon the City Treasurer, but each such order shall set forth in detail the work for performing which such order is drawn, and the facts of such orders shall be stated in the monthly return of such Justice to the Common Council. Adopted, November 14th, 1865. Re-enacted. January 2d, 1866. OITY.- ORDI.ANCES. AN ORDINANCE RELATING TO THE 1NJURNG OR DESTROYING OF TRFS, F,NCFEESI; OR A.NY OTHER PROPERTY RELONGING TO THE CITY OF BAY CITY. It is hereby ordained by the Common Council of the city of Bay City: SECTION 1. Any person wilfully injuring or destroying any fence, tree, sidewalk. or other property belonging to the city of Bay City, shall on conviction before any Justice of the Peace for such offense, be fined in a sum not less than five nor over one hundred dollars, or by imprisonment in the county jail for a term not exceeding thirty days; or by both fine and imprisonment, in the discretion of the Court trying the offender. Adopted, October 14th, 1865. AN ORDINANCE TO ORGANIZE THE FIRE DEPARTMENT, AND A BODY OF FIRE POLICE, AND FOR OTHER PURPOSES. It is hereby ordained by the Common Council of the city of Bay City: SECTIAN I. The Fire department of this city shall consist of a Chief Engineer, a 1st Assistant Engineer, a 2nd Assistant Engineer, a 3rd Assistant Engineer and the members of the different Fire Companies, Hose Companies and Hook and Ladder Companies, which are or may be hereafter organized. Sk-,c. It. The Chief Engineer shall be the chief officer of the Fire Department, and as such he shall have command of the officers thereof, and of all companies organized therein, and control of all buildings, engines, hose, tools, and apparatus belonging thereto, or connected therewith. Immediately on the alarm of fire being given, it shall be his duty to repair to the place of fire, and to direct the operations of said department; and ihe is hereby vested with all the power and authority necessary to enable him effectuallr to discharge the duty hereby imposed upon him. Sec. III. It shall be the duty of said Chief Engineer, as often as he shall deem it necessary, or as often as he shall be required by the Commnon Council, to report in writing the state and condition of said department, and therein to recommend' such changes and to make such suggestions asR he shall think fit; said Chief Engineer shall have the power to suspend from said Fire Department, any person he shall think proper, subject to the future action of the Common Coownci 1. 86 CITY ORDINANCES. SEC. IV. The 1st Assistant Engineer, or in his absence the 2nd Assistant Engineer, or in the absence of both the 1st and 2nd Engineers, the 3rd Assistant Engineer shall in the absence of the Chief Engineer, be charged with the duties and vested with the power and authority of the said Chief Engineer, and the said assistants shall also discharge such other duties as the said Chief Engineer shall direct. SEc. V. Any person may become a member of said department, by and with the consent of the Common Council, by signing the muster roll of the department; said muster roll shall be a bo(,k to be kept for that purpose, by said Chief Engineer. Any person so becoming a member of said department, shall be entitled to a certificate of membership, which certificate shall be under the corporate seal of the city, signed by the Mayor orI Recorder, and countersigned by said Chief Engineer. SEC. VI. The members of said department other than the Assistant Engineers, shall be assigned in the different companies, organized therein by said Chief Engineer, Provided, that no one company shall exceed sixty persons. Each company shall have such officers and perform such duties as the Chief Engineer shall direct; and said Chief Engineer shall have the power to re- organize or disband any company, belongirg to said Department, subject to the approval of the Council. SF.c. VII. There shall be appointed a Fire Department mechanic, whose special duty it shall be to keep the machinery and apparatus belonging to said department in order, and at all times fit for use, and subject to the orders of the Chief Engineer, or other person acting for him, to superintend and operate the steam fire engine; said mechanic shall receive such compensation for his services a.4 the Commont Council shall direct. SEC. VIII. The Chief Engi,eer shall be appointed by the Common Council; the Assistant Engineers, and Fire Department Mechanic, shall be appointed by the Common Council on the nomination of the Chief Engineer. SEC. IX. Any member of the Fire Department who shall refuse or neglect, at the time of any conflagration, to obey or observe any lawful general regulation of the Chief Engineer, or of any lawful special command given to him by the Chief Engineer or other person acting in his place, or member of the Fire Department acting by his author ity, shall upon conviction thereof, forfeit and pay a fine to said city of not less than ten dollars, and not exceeding fifty dollars, or by imprisonment in the county jail of Bay County, for a term not exceeding fifty days, or by both such fine and imprisonment, in the discretion of the Court trying the offender. SEC. X. The Chief Engineer and each of the Assistant Engineers at the time of a fire, shall wear some badge or dress by which they may be readily distinguised. SF.C. X1. There shall be appointed by the city Marshal, not CITY ORDINANCES. 87 less than ten special Policemen, to be known as the "Fire Police,"' who shall be duily sworn as such by the Recorder, to faithfully discharge their duties as such. The Fire Police shall be under the control of the city Marshall, and they shall have no power to act as such except in case of fire, at which time they shall discharge the duties, and have all the power and authority of Constable or Policeman. It shall be the special duty of the Fire Police to preserve order at fires, arrest all persons found committing offences, and to execute and enforce the orders of the Chief Engineer, and city Marshal. Each Policeman appointed pursuant to this Ordinance, shall receive the fees of Constable for like services, and the sum of two dollars for each fire attended by them. SEC. XII. The city Marshal shall have the right to appointso many extra Fire Policemen at any fire as he may deem necessary, and any person so appointed shall be subject to the same duties, be vested with the same powers, and entitled to the same compensation as is above prescribed for regular Policemen; such appointment shall continue for twenty-four hours, and such Policeman shall not be required to take any official oath. SEC. XIII. Any member of the above mentioned Fire Police, who shall refuse to-obey any lawful command of the city Marshal or other officer acting in the place of said Marshal, in his absence, shall be punished by a fine not less than twenty-five nor more than one hundred dollars, or thirty or sixty days in jail. SEC. XIV. In case of the absence of the city Marshal from the place of fire, the Mayor, or in case of his absence, the Recorder, or in case of the absence of both the Mayor and Recorder, the Alderman who may be present shall discharge the like duties. and be vested with the powers of the Marshal. SEC. XV. It shall be the special duty of the Fire Warden to look after and care for the property removed from buildings during the fire, and they shall be subject to the orders of the city Marshal. SEC. XVI. Any bystander or person not a member of the Fire Department or Fire Police, who shall refuse or neglect to obey any lawful command of the Chief Engineer or city Marshal, or officers lawfully discharging the duties of such Chief Engineer or city Marshal, or shall refuse to render assistance at such fire when lawfully requested so to do, shall upon conviction thereof, be punished by a fine not exceeding twenty-five dollars, or by imprisonment in the county jail of Bay County, for a term not exceeding thirty days, or by both such fine and imprisonment in the discretion of the Court trying the offender. SEC. XVII. The Fire Police shall when discharging their duties, wear some badge or dress, to be decided upon by the Marshall) in order that they may be readily distinguished. SEC. XVIII. The Common Council may in their discretion, dissolve or disband any company organized under this Ordinance, or CITY O'RDI]NANOE8. dismiss any offier from any office held by hinm, by virtue: hereof or pursuant hereto. Adopted October 10th, 1865. AMENDME'NTO AN OtAiACgt- EBNTITLEf A Oltibt!lt TO, ORGANXIZE THE FIRE DEPARTMENT AND A BODYOF TR' P0-R LiUE. Resolved, That so much of Section 8 of an Ordinance entitled. an Ordinance to organize the Fire Department and a body of Fire Police, and for other purposes, be so amended as to make the Chief Engineer, first, second and third Assistants, elected by regular members of the Fire Department; said election to be decided by ballot on the last Tuesday of April in each yea', and the engineers so elected to be subject to c6tifirmation- by the Commonii Council. Adopted, March 30th, 1866. AN ORDINANCE. TO A-ME*D AN ORDINANZ EITTL1D AS; OR:A!: T Pt.E BEILVE TIE- PEACE AD GOOD ORDRtt OF' THIE CITY, AND TO PREVENT TWE VIO0LATI01 OF aTH SI'eBATI, AjD ALL OR]lI NANCES RELATIVE TO'tltEtcHIt 0OI tSEt PtAC.E ANI' iSVo-. DERLY CONDUOT. it is hereby ordained by the Comm'on L'ouncil of the city of Bay City: SEc. I. That Section two of an Ordinance entitled antOrdintate to preserve the peace and good order of the city, and to prevent the violation of the Sabbath, made and passed in May 1865, be, amended so as to read as follows, viz: Szc. 11. That all vagrants, drunkards or persotins found intouii cated, and all persons who shall make, or assist in making any dis orderly noise, disturbance or improper diversion, or who shall be guilty of any obscere or profane language in said city, and all persons who shall collect in bodies or crowds in said city for unlawful purposes, to the annoyance or disturbance of citizens or other,: persons; and all persons who shall on Stday during the hours of worship, collect in crowds irt the vicinity of any church or place of worship, or in any way obstriuct the free passage of persons to tand from or by any church or place of worship3 or who gSlhell t any time disturb, or assist in disturbing any congregation or religiou CITY ORDINANCES. 89 meeting; and all persons who shall make any indecent or public exposure of his or her person in said city, shall for such offense, upon conviction thereof, be punished by a fine of not less than two dollars, and not exceeding thirty dollars, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the Court trying the offender. SEC. III. That the Ordinance entitled an Ordinance relative to the breaches of the peace, and disorderly conduct, made and passed June 22nd, 1865, from and after the time this Ordinance shall take effect be, and the same is hereby repealed. SEc. IV. This Ordinance shall take effect on and after the 15th day of June, 1866. Adopted, May 29th 1866. AN ORDINANCE RELATIVE TO THE CONSTRUCTION AND REPAIRING OF SEWERS, AND TO PROVIDE FOR THE COLLECTION OF TAXES TO DEFRAY THE EXPENSES THEREOF. SECTION I. Be it ordained by the Comnmon Council, that Sections two, five, eight and nine, of an Ordinance entitled "An Ordinance Relative to the construction and repairing of sewers, and to provide for the collection of taxes to defray the expenses thereof." be amended so as to read as follows: 1ST SEWER DISTRICT. All that part of Bay City lying east of Johnson street and north of the north side of Twelfth street. 2D DIST. All that part of Bay City within the following boundaries commencing at the Saginaw River on the easterly line of James Fraser's addition to Lower Saginaw, thence southerly on said line to Woodside Avenue until it strikes a line parallel, which would be the center line of Blocks 47 and 35 in D. H. Fitzhugh's addition to Bay City, to the northerly side of Second street, thence easterly on said side of street to Johnson street, thence north on center of Johnson to the Saginaw River, thence up stream to the place of beginning. 3D DIST. Bounded on the east by the west boundary of District No. 2, on the northwest by the Saginaw River,.and on the south by the south side of Second Street aforesaid. 4TH DIST. Bounded on the north by District Nos. 2 and 3, on the east by District No. 1 and on the south by north side of Center street, on the west by Saginaw River. 5TH DIST. On the north by District No. 4, on the east by Dis 90 CITY ORDINANCES. trict No. 1, on the South by the north side of Ninth street, on the west by the Saginaw River. 6TH DIST. Bounded on the north by District No. 5, on the east by District No. 1, on south bynorth side of Twelfth street, on the west by the Saginaw River. 7TH DIST. Bounded on the north by Districts No. 6 and No. 1, on the south by John T. Wilson's addition to Bay City, extending easterly to the easterly limits of city, on the east by limits of city, on the west by the Saginaw River. 8TH DISTRICT. Bounded on the north by District No. 1, on the south by southerly limits of city, on the west by Saginaw River. SEC. II. Whenever the Common Council shall order any sewer to be built or repaired in said city, the funds necessary for defray ing the expenses thereof shall be provided by causing an assess ment to be made by the Comiptroller on the owner or owners of the lots or premises within such sewer District, or portion of the district through which such sewer is to extend, as hereinafter pro vided. Provided, however, that the expense of building or repairing such sewer in front of any Park or lot owned by said city as public property, shall be paid by general tax. (As amended, September 7, 1869.) SEc. III. Whenever the Common Council shall order any sewer to be built or repaired, the City Surveyor shall without delay, report to the Comptroller such specifications and forms for the construction thereof as he may deem necessary, and an estimate of the cost of the same. Whereupon it shall be the duty of the Comptroller to advertise for proposals to build or repair such sewer, under such specifications and forms, and subject to the pr,)o visions of this Ordinance, which advertisement shall be published by inserting the same in some newspaper published in Bay City, at least six days before the time when said proposals shall be opened; and such advertisementshall state the time when, and place where said proposals shall be received and opened, and shall require each party making a proposal to accompany the same with a statement in writing, signed by at least two persons who agree thereby to become sureties in an amount at least double the estimated cost of the work proposed to be performed, for the faithful performance of said work. SEC. IV. Said proposals shall be received and opened by said Comptroller publicly in his office, and a copy of each proposal shall be recorded by said Comptroller. He shall thereupon proceed to examine the same, and determine who are the lowest responsible bidders, and report the same to the Cemmon Council, and if the Common Council approve the same, he shall then award the contract to such lowest responsible bidder. SEC. V. The Comptroller shall, as soon as may be, after such contract for building or repairing any sewer shall have been made, ascertain the necessary facts, and shall make an assessment roll, stating therein the names of the owners of the lots or premises CITY ORDINANCES. 9 within such sewer District, or that portion of such District through which such sewer is to extend, describing by itself, with sufficient accuracy, each lot or parcel, or portion of a lot or parcel, owned by any one person or company of persons, and the estimated value of each lot or parcel, or portion of the same, and also the names of such owner or several owners, and when he cannot ascertain the names of such owner or owners, or either of them he shall state such fact in said roll; and said Comptroller shall assess the entire amount necessary for building or repairing such sewer, (except that portion of the expenses which shall be paid by general tax as provided in Section two,) upon the lots and premises within such sewer District, benefitted thereby, according to the benefits derived therefrom, and he shall, upon completing said roll, file the same with the Recorder. (As amended, September 7, 1869.) SEc VI. It shall be the duty of the Recorder, immediately after the filing of said report or assessment roil by the Comptroller, to make out a notice directed to the several persons named in said report, notifying them they are about to be assessed to defray the expenses of building or repairing such sewer, and that the report of the Comptroller containing such assessment is on file in the office of said Recorder, and open for inspection, and notifying them of the time and place that the Commoil Council will meet and review said report or assessment, on the request of any person conceiving himself aggrieved thereby, which notice shall be published in some newspaper printed in said city, for two weeks previous to said mneeting. SEc. VII. The Common Council shall, at the time and place in said notice specified, or at some sessson thereafter, take said assessment into consideration, and if no person appears to object to said report or roll, and no good cause( to the contrary appears, and an affidavit of publication of the requisite notice haying been made by some one acquainted with the facts, they shall, by a written resolution entered on their journal, declare that they approve of said report or assessment roll; that they receive as correct the description of the premises. and the names of the individuals therein contained, and that the sumn which said report states to be the correct one which each individual or set of individuals should be assessed at and pay, be the assessment, and be collected from the several persons liable, according to law; but if any sufficient cause appears, or is shown to said Common Council, they shall review said report or roll, and make such assessment a.s may be just and right in the premises; and said Common Council may adjourn from time to time, for the purpose of finishing said review of assessment. SEC. VIII. Upon the confirmation of said assessment roll by the Common Council, and when such sewer, or any portion of the same shall be built or repaired, the amount of such assessment, 92 CITY ORDINANCES. together with one per cent. as collector's fees, shall be collected by warrant issued for that purpose, as hereinafter provided. (As amended, September 7, 1869.) SEC. IX. Upon the confirmation and completion of said assessment roll, as provided in Sections seven and eight of this Ordinance, it shall be the duty of the Comptroller to attach to such roll a warrant, in due form, directed to the city Treasurer, commanding such Treasurer to collect from the several persons named in said roll, the several sums mentioned in the last column of such roll opposite their respective names, and to retain in his hands the amount of one per cent. fees on collection, and to hold the balance subject to the order of the Common Council; and the said warrant shall authorize the city Treasurer, in case any person named in the assessment roll shall nleglect or refuse to pay his tax, to levy the same, by distress and sale of the goods and chattels of such person; and further, commanding the said Treasurer to make returns to the Common Council within thirty days thereafter - The Common Council may however, by resolution, entered in their minutes, extend the warrant and time for collecting taxes and making returns, from time to time as they may deem necessary, but such time shall not exceed six months, in addition to the time originally fixed in such warrant. (As amended, September 7, 1869.) SEC. X. It shall be the Duty of said Treasurer, upon the receipt of such tax or assessment roll, to proceed at once to collect said tax, as he is in the warrant thereto attached commanded; and he shall at the time limited for the return of such warrant and tax roll, return the same to the Recorder, and shall in such roll indicate the names of all persons that have not paid their assessments thereon, together with a description of the premises upon which the same was assessed, and also a description of the premises the owners or occupants of which are not known, and upon which there are unpaid assessments; whereupon the said premises upon which such tax or assessment remain unpaid, shall be advertised and sold, in the manner provided for the sale of lands for delinquent taxes in other cases. SEC. XI. The taxes and assessments levied by virtue of this Ordinance, shall become a lien on the lands described in the assessment roll, from and after the time such roll shall be delivered to the city Treasurer. SEC. XII. All moneys collected on or by virtue of such assessment, shall be considered as appropriated exclusively for building or repairing the sewer for which the same was levied, and shall be used for no other purpose. SEc. XIII. All costs or expenses incurred in building or repairing any sewer, and not herein otherwise provided for, shall be paid out of the general highway fund. SEC. XIV. The City Surveyor shall have the supervision of the construction of all sewers hereafter to be built, and of all re CITY ORDINANCES. 93 pairs of sewers hereafter to be performed, and shall certify to the amount due upon all contracts, and for all materials furnished and labor performed, in building or repairing sewers. SEc. XV. It shall be the duty of the personp or persons contracting to build or repair any sewer, to erect and maintain a good and sufficient fence, railing or barrier, around the same during the constructing, building, or repairing of the same, in such a manner as to prevent accidents. And such person or persons, and their sureties, shall, in addition to their liability for the performance of their contract, be jointly and severally liable for all damages to be recovered by the city in an action of assumpsit, which the city may incur, on account of the negligence or neglect of each contractor, in not properly constructing such sewer, or erecting and maintaining a suitable fence or barrier around the same, as provided in this Ordinance. And such contractor or contractors, and his or their sureties shall, on sending in proposals and entering into any contract for the building or repairing of any sewer, be deemed and considered to have consented and agreed to the provisions of this Ordinance. whether the same shall have been referred to in their contract or not. Adopted July 27, 1869. INDEX TO ORDINANCES. A Alleys, protection of.....................................53 Auctioneers, Licensing and Regulating.....................68 C COMPTROLLER, to prescribe duties of............ 45 Council, to call special meetings of.........................75 D Disorderly Houses............51-75 Dogs, relative to...........72 DrayF, Licensing and RegulatinL...........................66 F Fences, to prevent injury to...............................85 Fire Limits, - to establish.................................72 Fire Wardens, relative to...............................77 Fire, to protect property from.............................77 Fire Department, relative to..............................85 C Gas Lights, relative to....................................76 Gunpowder, regulating sale of...........77 H HIarbor Iaster.......... 451 Hawkers and Peddlers.....................................67 HEALTH, preservativill of..............................46 N Nuisances, relative to........................... 64 P p Peace and Good Order, to amend..........................50-73 PHYSICIAN, CITY, relative to............................56 Pounds, relative to...................................61 Police Fire, relative to......................85 Punishment, for violation of.............................51 8 Sabbath, to prevent violation of..88-73 Saginaw River, navigation of. 51 Sewers, relative to construction of............................ 89 Sidewalks, to prevent accumulation of snow upon.............83 Sidewalks, construction of, and to col,ect taxes to defray expenses thereof.............................................57 Streets, protection of........................53 Streets, Paving and Planking...............................69 Street Commissioner, duties of.............................65 T TAVERNS, Licensing of.................................49 Taxes. to provide for collection of, for constructingand repairing sidewalks.......................................59 Taxes, to provide for Levying and Collecting for Paving and re pairing streets, alleys, &c...........................69 Trees, to prevent injuring.................................85 W Wood, Inspection of......................................82 Wood Inspector, duties of................................. 82 0