THE CHARTER
City of East  iagna,w,,;
AS ENACTED AND AMENDED BY TIlE
LEGISLATURE OF THE STATE OF MICHIGAN,
TOGETHER WITH OTHER
ACTS OF THE LEGISLATURE,
FOR THE USE OF TlHE
OFFICER,S OF THE
'COMPILEDI) AND PRINTED BY ORDER OF THE COMNIMON COUNCIL.
a., _~
EAST SAGINAW:
-NTERPR1SE PRINTING COMPANY, WASIIINGTON STREET,
18693.
OF'I'li-E
CITY.  
CHARTER
OF THE
CITY OF EAST SAGINAW.
An Act to Incorporate the Oity of East Saginaw, Approved Feb. 14th,
1859, with Amendments made thereto by the Acts Approved March
1st, 1865; March 22d, 1867, and March 16th, 1869.
TITLE I.
INCORPORATION-CITY AND WARD BOUNDARIES.
SECTION.. SECTION.
1. Boundaries;  Incorporation;   2. Division into Wards; Boun     Seal; Right to purchase, hold     daries of the Wards.
and convey real estate and
other property.
TITLE I.
(~ 1.)  SECTION 1.  The People of the State ef Miehigan enact:
That so much of the township of Buena Vista, in the County of
Saginaw, as is embraced in the following boundaries, to-wit: corn- Boundaries
mencing at a point in the centre of Saginaw river, where the north of the City.
section line of said section eighteen, in township twelve north, of
range five east, crosses said river; thence east along said section
line to the north-east corner of said section eighteen; thence south
along the east section lines of sections eighteen, nineteen and thirty
to the south-east corner of said section thirty, in said township and
range; thence west along the south line of said section thirty to
the south-west corner of said section thirty; thence north on the
west section line of said section thirty, to the south-east corner of
the James Riley Reservation; thence west along the south line of
said James Riley Reservation  to the centre of Saginaw River,
thence down Saginaw River to the place of beginning, be and the
. Amended by Act of 1869, so as to run to east line of Mackinaw
road, thence north to east line of the bayou, thence along the east line
of bayou to its junction with the river, thence down the centre of river,
&c. That portion west of bayou is attached to town of Spaulding.
-- F  
CI4 ARl4T, OF TILE CIT7' OF E,AST SAGINAA.
T1iTL,F I.        INCORPORATION —CITrY AND IVAID BOUNDAIlIES.
same is hereby detached and set off from said township and constiIncorpora- tuted an incorporated City by name of the City of East Saginaw,
tion.                                                                   C
and by that name may sue and be sued, implead and be imipleaded,
complain and defend, in any court of record, and any other place
sea.L     whatsoever; may have a common seal and alter it at pleasure; and
may take, hold, purchase, lease, convey and dispose of, any real,
I),o'd Pro- personal or mixed estate for the use of said corporation.  [Act of
1865.]
(~ 2.)  SEcTION 2.  Said City shall be divided into six Wards, as
follows: All that part of the City lying north of the centre of MilFij).te    ler street, shall constitute the First Ward; all thatMart of the City
lying between the centre of Miller street and the centre of Johnson
Second.   street, shall constitute the Second Ward;  all that portion of the
City lying between the centre of Johnson street and the centre of
William street, to its junction with Genesee street, thence along the
centre of Genesee street to the centre line of Janes street, thence
along the centre line of Janes street to the East City line, shall
Third.    constitute the Third Ward; all that portion of the City lying be         tween the line last mentioned and the cenltre line of Hoyt street,
to where said line shall intersect the centre line of Walnut street,
thence along the centre line of Walnut street to the east City line,
Fo-rtli.   shall constitute the Fourth Ward; all that part of the City lying South
of the centre line of Hoyt street and west of the centre line of
Maple street, including its intersection with Martha street, and as
extended on the township line to the south City line, shall constitute
iftl.  the Fifth Ward; all that portion of said City lying east of the
Fift.h.
above boundary line of the Fifth Ward, and south of the above
ixt  boundary line of the Fourth Ward, shall constitute the Sixili Ward
of said City. [4ct of 1S69.]
4 
CHARTER OF TIIHE, Cll'Y OF EASk' kSAGIVA V. 
OFFICERS:-Wiio ELECTED, WHo APPOINTED, TEWIOMs, &C., &C.   TITLE II.
TITLE II.
OFFICERS:-WHO ELECTED; WHO APPOINTED; QUALIFICATIONS; OATh;
TERMS; REMOVAL; VACANCY; ELECTIONS, HOW CONDUCTED.
SECTION.
1. What officers elected on Gen      eral ticket; what on Ward
ticket; what appointed.
2. Of eligibility to office.
3. When elections to be held and
notice of.
4. Terms of Office; Justices of
the Peace; Mayor; Recorder;
Treasurer; Directors of the
Poor; Aldermen; School In     spectors; Constables;  Su     pervisors; Collector of Taxes
5. What officers shall be appoin     ted by ballot; Wvhen appoin     ted; Term  of office; Other
officers and how appointed.
6. Vacancies, and how filled.
7. What officers may be removed
and how.
8. Mayor to appoint in certain
cases.
9. Hours at which polls shall be
open.
10. Who are electors; Challengers,
&c.
11. Who  shall be Inspectors of
City Elections.
12. Who  shall be Inspectors  of
General Elections.
13. Vote, how and what ballot to
contain.
14. Ballot,  how  headed;  Sepa     rate boxes.
SECTION.
15. Vacancies, so designated on
ballot.
16. Votes to be counted and state     ment filed.
17. Duties of Inspectors of Elec     tion.
18. How canvass shall be conduc     ted.
19. Who elected; Proceedings in
case of a tie.
20. Common Council to determine
and certify as to persons elec     ted; When to meet.
21. Clerk to give notice to persons
elected.
22. Vacancy in  office of Alder     man; How filled.
23. Vacancies  in  other  offices;
How filled.
24. Provides for special elections.
25. Acceptance to be filled; When.
26. Neglect to qualify to be deem     ed a refusal to serve.
27. Clerk to give notice to Council
who accept.
28. Mayor to report neglect to file
bonds.
29. Registrations.
30. Residence and voting in Wards
31. Vacancy in office of Inspector
of elections; How filled.
32. Expenses of   elections; How
paid.
33. Term of offlce in certain cases.
(~ 3.)  SECTION 1.  The following officers of the City of East City OffiSaginaw shall be elected at the annual City election, by the quali-  ers.
fled electors of the whole City, voting in their respective Wards on
a general ticket, viz: one Mayor, one Recorder, one Treasurer, and
one Director of the Poor.
The following officers of the corporation shall be elected at said Ward Offielection, on a Ward ticket, in each Ward, by the qualified electors  cers.
5 
6CHARTER OF THE CITY OF EAST SAGINAW.
TITLE II.    OFFICERS:-WHO ELECTED, WHO APPOINTED, TERMS, &C., &C.
thereof, viz: two Aldermen, two School Inspectors, one Supervisor,
one Collector (of taxes,) and one Constable.
The following officers of said corporation shall be chosen by the
officers to
be elected Common Council, as hereinafter provided, by ballot, viz: one City
by the
Co uncil Clerk, one Controller, one Assessor, one Marshal, one Street Corn by ballot.
missioner, one City Surveyor, one City Attorney, one City Physi         cian, two Cemetery Commissioners, and one Chief Engineer of the
Fire Department.
The following officers of said corporation shall be appointed by
Ob,er poto the Common Council, in such manner as is hereinafter provided, or
be appoin tedunycilthe as the said Common  Council may, by ordinance, direct, viz: an as Council.
sistant Marshal, one or more keepers of the City Prison, Alms         house or Hospital, two assistant Engineers of the Fire Department,
Pound Masters, Sealers of Weights and Measures, Board of Sewer
Commissioners, Board of Water Commissioners, Inspectors of Gas
and Gas Meters, Clerks of Markets and for City Officers, Inspec         tors of Fire-Wood, Hay and Provisions, Harbor Masters, Port
Wardens, Fire Wardens, Scavengers, Common Criers, Auctioneers,
Weigh Masters, and such other officers as may be necessary to carry
into effect the powers herein granted.
Council t o The said Common Council shall have power to regulate and preregulate
a nd  pre scribe the duties of all officers of said corporation, appointed
scribe compensation. by virtue of the powers herein granted, and to fix the fees, cornm
pensation and emoluments to be paid such officers, except as herein
otherwise provided.  [Act of 1869.]
~ 4.) SEC. 2. No person shall be eligible to either of said elecO fi c e r s tive offices, unless he shall then be an elector and resident of said
must resideiWnCitdy City, nor shall he be eligible to any such office for any Ward or
and Ward.
district, unless he shall then be an elector and resident of such
Ward or district, and when any officer elected or appointed for any
Ward or district, shall cease to reside in said City, or if elected or
Removl   appointed for any Ward or district, shall cease to reside in such
will vacate Ward or district, his office shall thereby become vacant. [Act of
1859.]
(~ 5.) SEc. 3. An election shall be held in each Ward, in the
Time and year 1865, on the 10th day of March, and annually thereafter on
notice of
annua I  the first Monday in April in each year, at such place as the Corn e                              lection.
mon Council shall appoint by a notice published at least six days
6 
CIIAR7ER OF THE CITY OF EAST SAGINAW.
OFFICERS:-WHo ELECTED, WHO APPOINTED, TERMS, &C., &C.    TITLE II.
previous to the election, in a newspaper printed in said City, or by
posting printed notices of the holding of said election, in at least
three of the most public places in each Ward, at least six days pre.
vious to said election. Provided: That for the annual election in
the year 1865, the notice to be given as hereinbefore provided, may
be, by a notice of four days given in the manner in this section
provided, if sufficient time shall not elapse after the passage of this
act for the usual six days notice. [Act of 1865.]
(~ 6.) SEC. 4. At the first annual election after the passage of
this act, there shall be elected, by the qualified electors of said Justices of
City, voting in their respective Wards, four Justices of the Peace   the Peace.
one of whom shall be elected for the term of one year, one for the
term of two years, one for the term of three years, and one for the
term of four years; and the term for which each person is voted
shall be distinguished on the ballots, who shall enter upon the duties
of the office immediately upon being qualified according to law;
and at every annual election thereafter, there shall be elected one
justice of the peace, who shall hold his office for the term of four
years; and every Justice of the Peace elected  in said City shall
take the oath and file his bond within ten days after his election,
and enter upon the performance of the duties of his office on the
tenth day after his election; and in case of vacancy in said office
of Justice of the Peace, the same shall be filled at the succeeding
annual election, as provided by law. [Act of 1859.]
There shall also be elected by the qualified electors of said City, K[Yaouorrr,
voting in their respective Wards, one Mayor, one Treasurer and  Directorr
of Poor.
one Director of the Poor, who shall hold their office for one year,
or until their successors are elected and qualified. At the annual
election in said city, in the year 1870, and every two years thereafter, there shall be elected, by the qualified electors of said City,
voting in their respective Wards, one Recorder, who shall hold his Recorder
office for two years, or until his successor shall be elected and quali.
fled. At the annual election to be held in said City, in the year
1869, there shall be elected, by the qualified electors thereof, two
Aldermen for each Ward, one for the term of one year and one for
the term of two years; and thereafter, there shall be elected an.
nually, in each Ward, one Alderman for the term of two years.
At the annual election, in the year 1869, there shall also be elected
7 
CIIAR'ER OF THE CITY OF EAST SAGI!NAV.
TITLE Ii.   OFFICERs -WHO ELECTED, WHO APPOINTED, TERES, &C., &C.
School oIn- by the qualified electors thereof, in each Ward, two School Inspec spectors.
tors, one for the term of one year and one for the term of two years,
and thereafter there shall be elected, annually, in each Ward one
School Inspector, for the term of two years.  There shall also be
elected, annually, in each Ward, by the qualified electors thereof,
Constables. one Constable, who shall give like security, perform all the duties,
be vested with like powers and be subject, in all respects, to the
laws of the State, as provided in the case of Constables in the
the townships of this State. There shall also be elected, at the an         nual election held in said city, in the year 1869, in each Ward, by
Supervisors the qualified electors thereof, one Supervisor, who shall hold office
as follows:-those elected for the even numbered Wards, for one
year, those for the odd numbered Wards, for two years, and thereTerm of  after, upon the expiration of such terms, their successors shall be
office.
elected for two years, in each Ward: Provided, That in case of
Vacancy.  vacancy, the Common Council shall have power to fill such vacancy
by appointment, such appointee to hold office until the next annual
election, when such vacancy shall be filled by the electors of the
Ward in which such vacancy shall have occurred: Said SuperviDuties and sors shall be entitled to the same compensation, and shall be paid
compen sation of in the same manner, and perform all the duties of Supervisors of
Supervi Sors.-   townships, as provided by law, in their several Wards, except such
duties as are by this act devolved upon the Assessor or other officer
of said City; and the Supervisors shall, in addition to the foregoing
compensation, receive three dollars per day, for every day actually
engaged in the duties of their office, to be paid by the City.a There
shall also be elected, at the annual election, in each Ward of said
Collector of City, by the qualified electors thereof, one Collector of Taxes, who
Taxes.
shall become duly qualified, give the same bonds, and be vested, in
Powers and all respects, with the same powers as are by the laws of this State
duties of. conferred upon the Treasurers of townships, for the collection of
taxes for County and State purposes, and each of said collectors
shall also give such bonds, with sureties, as may be required by the
Common Council, for the faithful performance of all duties devolved
upon them by this act, or by any ordinance of said City, and they
shall possess the same powers, for the collection of City taxes, as is
conferred upon township Treasurers of this State, for the collection
a-Vide Sec. 1!, of Title 2; Sec. 6, of Title 4, and Sec. 6, of Title 5. 
CI;AR TER OF THE CITY OF EAST SA GINA4 W.
OFFICERS;-Wito ELECTED, WIuO APPOINTED, TERMS, &C., &C.    TITLE IJ.
of taxes in the townships of this State, or  may hereafter be conferred by law. [Aet of 1869.1
(0 7.)  SEC. 5.  The Common Council shall at the third regular Council
sha 11 elect
meeting in the month of April in each year, or as soon thereafter M larch a 1,
ffCe  lerk, Phyas may be, and as often as any vacancy occurs in any of the offices sician,street
Commis'ner,
in this section nanled, appoint, by ballot one City Marshal, one S u r v eyor,
q- hief EngiClerk of said city, one City Physician, one City Surveyor, one neer.
Street Commissioner, and one Chief Engineer of Fire department,
to hold their respective offices for one year, or during the pleasure
of the Common Council. They shall also appoint two Commission- Cem. Corn.
ers                                 for the City Cemetery or Cemeteries,  one of whom shall hold
his office for the term of two years, and one of them for the term
of one year; and annually thereafter, the said Common Council
shall appoint one Commissioner of the City Cemetery, who shall
hold his office for two years. They shall also appoint one City City Attor                                                                   ney.
Attorney to act as Attorney and Counselor at law for said city,
who shall hold office for one year, or during the pleasure of the
Coimmon Council, and who  shall receive  an  annual salary to
be fixed by the Common Council, and who shall not receive for
any duties imposed or services rendered to said city during the
term of his office, besides his salary, any fee or reward whatever
which shall be paid out of or withheld from the treasury of said
city.  The Common  Council may, from time to time, as may be Appointone
Ass't Marnecessary, appoint an Assistant Marshal, one Captain of the Watche shal.
Police and
and so many Police Constables and Watchmen as they may deem, Watchlmen.
expedient or necessary to preserve the peace of said city and protect the property of the citizens, and may make all necessary rules
and regulations for the appointment and government of said Police
Constables and Watchmen, not herein provided for, and said Police
Constables and Watchmen shall have the same power and authority Powers of
to make complaints and arrests, as constables now have by law, except as to the service and return of civil process and proceedings in
civil cases, and shall be subject to the same liabilities and penalties,
except as herein otherwise provided: Provided, The Common Proviso.
Council may limit or prescribe the duties and powers of such Police
Constables and Watchmen by ordinance, and remove them or provide for their suspension or discharge at any time.  The Common
-    Other offiCouncil shall also appoint a Keeper of the City Prison or Prisons, cers to be
Work-House, Almshouse, Hospital and so many Fire Wardens, In- appointed.
9 
CIAIRTE,R OF THE CIT'Y OF EASI' SA GINA W.
TITTLE II.   OFFICERS:-WHO ELECTED), WTIHO APPOINTED, TERMS, &C., &C.
spectors of Gas and Gas Metres, Common Criers, Clerks of City
Markets, or for City Officers, Inspectors of Firewood, Hay and Pro         visions, Pound Masters, Sealers of Weights and Measures, Weigh
Masters, Auctioneers, Scavengers, and such other officers or boards
of officers, as are herein provided for, or which mnay be created by
the ordinances of said city, made pursuant to the provisions of this
charter, and such appointments shall be -made in such manner as
Terms of of- the said Conmmon Council shall authorize and direct, and all such
Terms of offlee.        appointees shall hold their offices during the pleasure of said Com         mon Council. [Acet of 1869.]
Vacancies    (~ 8.)  SEc. 6.  When any vacancy occurs in any of the offices
provided for which are appointed by the Common Council, either by death,
resignation or removal of the incumbent, the said Council may fill
such vacancies by appointment for the remainder of the unexpired
term for which such officer was appointed.   [Act of 1859.]
What  offi-  (~ 9.)  SEc. 7.  All officers appointed by the Common Council,
cers may be
removedand by  virtue of the powers conferred by this act, may each be re     how.  moved from office by the Common  Council for incompetence, for
official misconduct, or for the unfaithful and insufficient perform         ance of the duties of his office, or for disobedience of the ordi         nances of the Common Council, or for performing any unlawful
act: Provided, No officer who is required to be elected by ballot,
or who is required by this act or by the Common Council to give
bonds, shall be removed without reasonable notice of the charges
against him, and an opportunity to be heard in his defense, in per         son and by counsel, nor without a majority of all the members
elected to the Common Council, shall, after such notice and hear         ing, vote for such removal.  [SAt of 1869.]
Mayor may   (~ 10.)  SEC. 8.  The Mayor may appoint an additional number
appoint Police,t Po- of liceice Constables or Watchmlen,  not exceeding ten of each,
when he shall deem it necessary for the purposes of justice, for the
preservation of peace, or for the security of the said city; but no
such appointment shall be valid for a longer period than until the
next meeting of the Common Council.   [Act of 1859.]
Pollsofelec-   (~ 11.)  SEc. 9.  On the day of election, held by virtue of this
tion.
tion.  act, the polls shall be opened in each ward, at the several places
designated by the Common Council, at nine o'clock in the morning,
10 
(,]I-4RTER OF TIIE CITY OF FAST SA'4GIYA W.
OFFICERS:-WHO ELECTED, Wiio APPOINTED, TEREIS, &C., &C.    TIrLE..
and shall be kept open, without intermission or adjournment, until
four o'clock in the afternoon, at which hour they shall be finally
closed. [Act of 1859.]
(~ 12.)  SEC. 10.  The inhabitants of the said city, being elec- Electors.
tors under the constitution of the State of Michigan, and no others,
are declared to be electors under this act, and qualified to vote at
the elections held by virtue of this act; and each person offering
to vote at any such election, if challenged by an elector of said Challenges.
city, before his vote shall be received, shall take one of the oaths Oath.
now provided by the laws of this State, entitled "an Act to provide for holding General and Special Elections," unless such person
shall claim to be an elector under the proviso nanled in Section
thirty of this title, and in that case the oath shall be varied according to that proviso, which oath shall be administered to him by
one of the Inspectors of election, and if any person shall swear
falsely, upon conviction thereof, he shall be liable to the pains and
penalties of perjury, but the Common Council of said city are Penalty.
hereby authorized and empowered to provide by general ordinance.
from time to time, to so change the form of the oath or oaths to
be administered to such elector (if challenged) as to conform to
the constitution and laws of the State which may from time [to
time] be in force. [Aet of 1865.]
(~ 13.) SEC. 11. The Supervisors and Aldermen of each Ward Inspectors
shall constitute the Board of Inspectors of elections, two of whom and Cle orks
o~f election.
shall constitute a quorum, and such one of their number as they
may appoint, shall be chairman of said board; the board shall also
appoint two competent persons to be clerks of the elections, who
shall take the oath of office required by law; and each of said
Board of Inspectors shall be authorized to administer any oaths
required by law to be taken by either of said Inspectors, Clerks, or
other persons at said elections. [Aet of 1869.]
(~ 14.) SEC. 12. Inspectors of elections, as specified in the
preceding Section, shall be Inspectors of election held in said
Wards respectively, as well as for election of State, District and
County, as for the City and Ward Officers. [Aet of 1859.]
(~ 15.) SEC. 13. The Electors shall vote by ballot, and each Votebybal                                                                  lot, &C.
person offering to vote shall deliver his ballot, so folded as to conceal its contents, to one of the Inspectors, in the presence of the
11 
CHARTER OF TILE CITY OF EAST SAGIiYL4 W.
TITLE II.   OFFICERS;-WiiO ELECTED, Wiio APPOINTED, TERMS, &C., &C.
Board; the ballot shall be a paper ticket, which shall contain,
written or printed, or partly written and partly printed, the names
of the persons for whom the elector intends to vote, and shall des         ignate the office to which each person so named or intended by him
to be chosen; but no ballot shall contain a greater number of
names of persons, designated for any office than there are persons
to be chosen at the election to fill such  Qffice.  On the outside of
each ballot, when folded, there shall appear, written or printed, one
of the following words, "ward," "city;" but no ballot found in the
proper box, shall be rejected for want of such endorsement.
[Aet of 1859.]
Ballots and   (~ 16.)  SEC. 14.  The ballot endorsed "city" shall contain the
boxes.
names of persons designated as officers for the city; the ballot con         taining the names of persons designated as officers for a ward, shall
be endorsed "ward." The Common Council shall provide two
boxes for each ward, with locks and keys, in which these two kinds
of votes shall be deposited separately.   [Act of 1859.]
Ballotsfo.   (f 17.)  SEC. 15.  If, at any annual election to be held in the
said city, there shall be one or more vacancies to be supplied in
any office, and at the same time any person is to be elected for the
full term of said office, the term for which each person is voted for,
for the said office, shall be designated on the ballot. [Alt of 1859.]
vanvas of    (~ 18.)  SEC. 16.  Immediately after the closing of the polls, the
Inspectors of election shall forthwith, without adjournment, publicly
canvass the votes received by them, and declare the result; and
shall on the same, or on the next day, make a certificate, stating
the number of votes given for each person for each office, and shall
file such statement and certificate, on the day of election, or on the
next day, with the clerk of the city. [Act of 1859.]
Duties of
Inupect.r.    (~ 19.)  SEc. 17.  It shall be the  duty of the Inspectors of
election, on receiving the vote, as specified in Section thirteen of
this title, to cause the same, without being opened or inspected, to
be deposited in the proper box provided by the Common Council
for that purpose; the said Board shall also write down, or cause
to be written down, the name of each elector voting at such election,
in a poll list to be kept by said Inspectors of election, or under
their direction. [Act of 1859.]
HowInspec-  (~ 20.)  SEC. 18.  The manner of canvassing said votes shall be
tors                 shall  
canvas.    as follows:   The Inspectors shall proceed first to count the ballots
12 
CHARTER OF THE CIlTYl  OF EAST  SAGILYAIV                          13
OFFICERS:-WHo ELECTED, WHto APPOINTED, TERMS, &C., &C.    TITLE Il.
unopened, in the box marked "city," and if the number of ballots
so counted shall exceed the number of names of electors contained
in the poll list, one of the Inspectors shall draw out and destroy
as many as the number of ballots exceeds the number of electors
contained in said poll list; and if two or more ballots are found
rolled or folded up together, they shall not be counted; and they
shall proceed in the same manner with the ballots contained in the
box marked "ward," they shall then proceed to count and estimate
said votes as provided in the preceding Section: Provided, That Proviso.
at the first election to be held under this act, the electors may
choose in each Ward three competent proper persons to act as a
Board of Inspectors of election, who shall each take the constitutional oath of office before they enter on the performance of their
duties: And also provided, That at said first election the polls
shall be opened at such place in each Ward as the present Common
Council of the Village of East Saginaw shall appoint, of which
place public notice shall be given by said Village Council at least
six days prior to such election:  And provided further, That the
Inspectors of said first election shall certify the statement and cer tificate mentioned in Section sixteen of this title to the present
Recorder of the said Village of East Saginaw, and the Common
Council of said Village, for the purpose of determining the result
of said first election is hereby vested with all the powers hereby
conferred on the Common Council of the City by Section nineteen
and twenty of this title. [Act of 1859.]
(~ 21.)  SEC. 19.  The person receiving the greatest number of Who seemheall
be deemed
votes for any office in said City or Ward, shall be deemed to have elected.
been duly elected to such office; and if any officer, shall not have
been chosen by reason of two or more candidates having received
an equal number of votes for the same office, the Common Council T i e votrt e,
hiowdeterm shall take as many strips of paper of equal size, as there are per-ined
sons having an equal number of such votes, and write a ballot for
each of such persons, one on each of said slips of paper, and shall
put said ballots together in a hat or box, and one of the members
of the Common Council shall then draw from said hat one of said
ballots, and the person whose name shall be upon the ballot so
drawn shall be declared elected.  [Act of 1859.]
(~ 22.)  SEC. 20.  The Common Council of the preceding year canvas by
shall convene on the Wednesday next succeeding such election, at 
4CIL4IRTE~  OF' TIIE  CITY OF WE AST SU 6TN4 TI
TITLE 11.    OIICERS:-WHo ELECTED, WHO APPOINTED, TERMS, &C., &C.
two o'clock in the afternoon, at their usual place of meetinig; and
the statement of votes filed with the Clerkli of the City, by the In-l
spectors of election, shall be produced  by said  Clerk, when the
Common Council shall forthwith determine and certify, in the man Certificate,
how made  ner provided by law, what persons are duly elected, at the said
and filed.
election to the several offices respectively.  Such certificate shall
be made in duplicate, one of which shall be filed with the Clerk of
the City, and the other with the Clerk of the County of Saginaw.
All officers elected as hereinbefore provided, shall enter upon the
duties of their respective offices on the tenth day next following
such election, unless otherwise herein provided.   [2ct of 1859.]
Clerk to    (~ 23.)  SEc. 21.  It shall be the duty of the Clerk of said City,
notify.
Oaths, &c. as soon as practicable, and within two days after the meeting of
the Common Council, as provided in the preceding Section, to noti          fy the officers, respectively, of their election; and the said officers,
so elected and notified, as aforesaid, shall within ten days after such
election, take the oath of office prescribed by the constitution of
this State, before some officer authorized by law to administer
oaths, and file the same with the Clerk of the City. [A4ct of 1859.J
Vacancy in  (~ 24.)  SEC. 22.  Whenever a vacancy occurs in the office of
case of an
Alderman. Alderman, by his refusal or neglect to take the oath of office, 
within the time required by this act, by his resignation, death,
ceasing to be an inhabitant of the City or Ward for which he shall
have been elected, removal from office, or by the decision of a com          petent tribunal declaring void his election, or for any other cause,
the Common  Council of said City shall ilnmediately appoint  a
Special election to be held in the Ward for which such officer was
chosen, at some suitable place therein, not less than five days nor
more than fifteen days from the time of such appointment: Pro         vided, That in case any such vacancy shall occur in the said office
of Alderman within three months before the first Monday of March
in any year, it shall be optional with the Common Council to order
a Special election or not, as they shall deem expedient. [Act of
1859.]
Vacancies,    ( 25.)  SEC. 23.  In case a vacancy shall occur in any of the
dermepnAald offices in this act declared to be elective or appointive, except AlJustice of
the reace. derman and Justices of the Peace, the Common Council may, in
their discretion, fill such vacancy by the appointment of a suitable
14 
CILlARlER OF THE ('7IT OF EAST SA GINA T.
OFFICES:-WIHO EL,ECTED, WHO APPOINTED, TERMS,, &C &C.    TITLE LI.
person, who is an elector, and if appointed for a ward, who is also
a resident of the Ward for which he shall be appointed, and any
officer appointed to fill a vacancy, if the office is elective, shall
hold by virtue of such appointment only until the tenth day
after the election next succeeding; if an elective office which shall
have become vacant was of that class whose terms of office continue after the next annual election, a successor for the unexpired
term shall be elected at the next annual election. [Act of 1859.]
( 26.)  SEc. 24.  Whenever a Special Election is to be held, SpecIalelecthe > ommon Council shall cause to be delivered to the Inspectors
of election in the Ward where such officer is to be chosen, a notice
s,gned by them, specifying the officer to be chosen, and the day and
place at which such election is to be held, and the proceedings at
such election shall be the same as at the Annual General Election;
such notice shall also be published in a newspaper of the City, at
least once, or posted in three public places in the City or Ward, as
the  case may  be,  before  the  day of such  Special  election.
[Act of 1859.]
(~ 27.) SEC. 25. Every person chosen or appointed by the Acceptance
Common Council, before he enters upon the duties of his office, to be filled.
and within five days after being notified of his appointment, shall
cause to be filed in the office of the City Clerk, a notice in writing,
signifying his acceptance of such office. [Act of 1859.]
(~ 28.)  SEC. 26.  If any person,  elected or appointed under Neglect to
file acceptthis title, shall not take and subscribe the oath of office, and ance.
file the same as therein directed, or shall not cause a notice of acceptance to be filed as therein directed, or if required by the Common Council to execute an official bond or undertaking, shall neg_
lect to execute and file the same, in the manner and within the
time prescribed by the Common Council, such neglect shall be
deemed a refusal to serve, unless before any step is taken to fill any
such office by another incumbent, such oath shall be taken or such
acceptance be signified as aforesaid. [Act of 1859.]
(~ 29.) SEc. 27. At the expiration of twenty days after any Duty ofCity
election or appointment of any officer or officers in the said City, Clerk.
the Clerk of the said City shall deliver to the Common Council a
list of the persons elected or appointed, and of the office to which
they are chosen therein, specifying such as have filed with him the
15 
C,4 RHA TlER 0 T I' IIE CITY 0 F EA ST SA GINA TV.
TITLE II.    OFFICERS:-WHo ELEC(TED, WHO APPOINTED, TERMS, &C., &C.
oath of office, or notice of acceptance required by this act, and such
as shall have omitted to file the same within the time herein pres          cribed. [Act of 1859.]
]Dnutryof   (~ 30.)  SEC. 28.  The Mayor shallreport to the Common Coun          cil the names of such officers as shall have neglected to give the
Bond and security required by the provisions of this Act.
[Act of 1859.]
Resignation   (~ 31.)  SEC. 29.  Resignations by any officer authorized to be
chosen or appointed by this Act, shall be made to the Common
Council, subject to their approval and acceptance. [Act of 1859.]
Righttovote  (~ 32.)  SEC. 30.  At all City elections, every elector shall vote
in ward.
in the Ward where he shall have resided ten days next preceding the
day of election, otherwise he may vote in the Ward from which he
removed: Provided, He shall have resided in said Ward ten days
prior to such removal. The residence of an elector under this Act
shall be the Ward where he boards or takes his regular meals.
[ACt of 1859.]
Vacancy in  (~ 33.)  SEC. 31.  At any election held under this Act, if, from
Inspectors
of election. any cause, either or all of the Inspectors of election shall fail to
attend any such election, at the appointed time and place, his or
their place may be supplied for the time being by the electors pres         ent, who shall elect any of their number viva voce, who when so
elected, shall be duly sworn, by an officer authorized to administer
oaths, to a faithful performance of their duties. [Act of 1859.]
Expenses.    (~ 34.)  SEC. 32.  The  expense of any election to be held  as
provided by this Act, shall be City charges, and defrayed in the
same  maimner  as the other  contingent  expenses of  the City.
[Act of 1859.j
Expiration,   (~ 35.)  SEC. 33.  Any person elected to  any office under this
Succession
to OCffice.  Act, at the expiration of the term thereof, shall continue to hold
the same until his successor shall be elected or appointed and
qualified; and when a person is elected to fill a vacancy in any
elective office, he shall hold the samne only during the unexpired
portion of the regular term limited to such office, and until his
successor shall be elected and qualified. [Act of 1859.]
16 
CHARTER OF'lIE CITY OF E]4ST SA GIVN TW.
(COMMON COUNCIL:-WVIo SHIALL CONSTrITUTE; POWERS, &C., &C.  TITTiE IIlL
TITLE III.
(COMMON COUNCIL:-WIIO SHALL CONSTITUTE; —POWERS,-DUTIES,
PROCEEDIINGS.
S ECTTON.
1. Who to constitute Common
Couincil s miieeting' of:
2. Who to preside at meetings.
. Powertossuspenld certaiin acts
lodlgedI with Mayor.
4. Clerk to present same to the
Council at its next meeting.
. Each member to vote:  How
recorded.
f. Sessions and minutes to be
public.
7. Council may prescribe Rules
and Penalties.
8. What constitutes a quorum:
Business shall not lapse for
want of:  Seven votes re      (luired to appropriate money
&c.: No member excluded
fi'om voting by reason of in     terest;  Yeas and Nays.
9. Aldermen  prohibited  fronm
takinig contracts, &c.
10. General   Powers       Public
Peace; Disorderly Houses;
Intoxicating Liquors; Auc     tionis; Exhibitionis;  Nuis     an ices: Storing Powder and
other infilamable substances;
Clearing Streets and Walks;
Regulate Railroads;  Bath     iiig; Vagrants;  Impound     int- Animals  Taxideg Docs;
Putrid Meats, Hicdes, &c.;
Sidewalks; Ringing Bells;
Watchmen; Regulate burial
of (lead; Mlark ets;  Reser      voirs;  Porters,   Runners,
&c.; Lighting Streets; Pec      ling; Duties, Penalties  and
Boinds of Officers; Saginaw
River; Stands; Docks; Har     bor  Masters; Weights  and
Measures, &c.
11. Boundaries of Streets, Preven     tio,ns of Fires; Taxes; Wa     tel and General -Municipal
Power.
12. May provide penalties, &c.
1W3. When  Ordinances shall take
effect.
14. Record to be used in evidence.
15. Publication of Notices.
16. Establish and regulate Ceme     teries.
19. Establish and regulate Alms
Houses, City Hall, &c.
20. Regulate  and  License  Inn
Keepers, Saloons and pein     alties.
21. Audit and Settle accounts.
22. Statement to be published.
23. Power   over   Ferries  and
Bridges:
24. Compensation of lnembers of
Council.
25. Absence to vacate office.
26. Direct the deposit of Moneys,
&c.
27. Power  and mode to remove
elective officers of the city.
(~ 36.)  SEc. 1.  The Mayor  and Alderman of said City shall Whocosiiti                                                                     tute ('omc o n s t i t u t e    the Coimmon              Council.  They shall meet a t  suc h  times mon Coui                                                                     cil.
nd places as they shall from time to time appoint; and on special Meeting.
OGGA~~iOI1S, whellever the Mayor or person oicieetiigas.Myr
occasions, when ever   the M        ayor  or person  officiating as  Mayor,
(in case of vacancy in the office of the Mayor, or of his absence
from the city, or inability to officiate), shall, by written notice  appoint, and which  shall be served on the memibers in such a mianner
I
17
i 
Is              CIIL4I?LRTElf,  OF  [!II,, CTI71' 0.T  -,AST'It GL-'-A IV.
TTL' TI I.  IC OMMO-N COUNCIL: M-WIIo SHiALL CONSTITUTE; POWERS, &C.,  C.
and for such time as the Common Countcil may by  ordinance di          rect.  [Act of 1859.]
si~le.
\ topro-  (~ 37.)  SEC. 2.  The Mayors when present, shall preside at thle
meetings of the Coimmon Council, and in his absence the Recorder
shall preside; but if both, Mayor and Recorder be absent, then
the Common Council shall appoint ogle of their number, who shall
preside. L[ect of 1859.]
Po wer to  (~ 38.)  SEC. 3.  No ordinance or resolution passed by the Coitlsuspend certa i       actis Iion Council, authorizing any public improvement, or for, or col -
l odged in
the Mayor. cerniing the same, or for the payment of  money  by  the  Treasu          rer, shall have any force or effect, if, on the day of its passage,
or on the next day thereafter, the Mayor or other officer legally
dislcharging the duties of Mayor, shall lodge in the office of the
City Clerk a notice in writing, suspending the immediate operation
of such ordinance or resolution.  If the Mayor  or other officer
legally exercising the office of Mayor, shall, within  twenty-four
hours after the passage of such ordinance or resolution, lodge in
the office of the City Clerk his reasons in writing why the same
should not go into effect, the same shall not go into effect, nor have
any legal operation, unless it shall, at a subsequent meeting of the
Common Council, be passed by a majority of two-thirds of all the
mnembers of the Common Council then in office, exclusive of the
Mayor or other officer legally discharging the duties of Mayor, and
if so re-passed, shall go into effect according to the terms thereof.
If such reasons in writing shall not be lodged with the  Clerk, as
above provided, such ordinance or resolution shall have the same
operation and effect as if no notice suspending the same had been
lodged with the City Clerk, and no ordinance or resolution of the
Common Council, for any of the purposes mentioned in this Sec         tion, shall go into operation until after the expiration of twenty         four hours after its passage. [Act of 1859.]
(:lerktopre-  (~ 39.)  SEc. 4.  It shall be the duty of the City Clerk to coiirnFent same to
Council.  municate to the Common Council, at the next meeting of the board.
any paper that may be lodged with him pursuant to the last pre         ceding Section.  [Act of 1859.]
of  (~ 40.)  SEC. 5.  In all proceedings and meetings  of the Comme m bt e r s mon Council, each Alderman present shall, have one vote:  Proco~ded.    vide& Whenever the votes of the Aldermen present shall be equally
divided, the Mayor, or when presiding in the absence of the Mayor, 
tlIIARTft  OF'1'1] CIT'Y OF IEA$,T,A4GIVA IV.
CO.MMON COUNCIL:-WHO SHALL CONSTITUTE; POWERS, &C., &C.  I'IlTFi if.
the Recorder shall give the casting vote, which vote shall ill all
cases be entered upon the proceedings of the Council as so decided
[Act of 1869.]
(~ 41.)  SEC. 6.  The sittings of the Common Council shall be s e sio,s
a,,d milinIIpublic, except when the public interests shall in their opinion re- utes.
(juire seeresy. The minutes of the proceeding shall be kept by
the Clerk, and the same shall be openii at all times to public inspection.  [4ct of 1859.]
(~ 42.)  SEC. 7.  The  Commnon  Council  shall prescribe  the C'ouneil to
rules for the transaction of its business, and for its proceedings, u       resribe
ules and
which rules shall have the effect of law, as to the regularity and penalties
the recording of said proceedings, and may prescribe in said rules
penalties for the non-performance of the duties of Aldermen, City
Clerk, or other officers of said Comnmonl Council.   [Act of 1869.]
(~ 43 )  Sac. 8  A majority of the Aldermen elect shall be a
quorum of the Common Council, for the transaction of business.
In case a quorum shall not attend any regular meeting, any number present less than a quorum may adjourn said meeting to the next
regular meeting, or to any time prior to the next regular meeting
and require the C lerk to give notice thereof, as of Special meetings,  Bsin
and such adjournment shall operate to carry with it all business and shall  n ot
lapse for
proceedings postponed to or set down or noticed for such regular want of a
meetings, or for any special or adjourned meeting, and- no business quorum.
or proceedings postponed or set down or noticed for any regular,
special or adjourned meeting, shall lapse or fail to become invalid
or lose its precedence on the order of business, by reason of a
failure to hold such meeting, but the same shall go over, to be Shall go over
acted upon at the next  regular adjourned  or special meeting. to the next
meeting.
No public improvement  shall be  ordered, nor any tax or assess- A  ote of
nient shall be levied or confirmed, nor any work, services, labor, seven mem                                                                   bers requiror material purchased, nor any contract awarded or let, nor any edin certain
cases.
moocy appropriated to be paid for or out of, or by means of any
special assessment or tax. or from the general fund, except by a
concurring vote of seven members of the Common  Council, including the vote of the Mayor or Recorder when given in case of
t, tie, when presiding over the sessions of the Council: Provided, cNo mmenle',
Poieexcluded
No member of the Council shall be excluded from voting  upoln iyreaootnof
personal inally question of improvements, leyying assessments or taxes, or on tn,.ea~t, 
any other proceeding, by reason of his personal or private inter
I!) 
Cll-ARIER OF TIE UCITY OF FAST SA G~LVA IV.
TITL,E III.  CO.IMMNON COUNCII,L-WHIO SHFALT, CONSTITUTE; POWERS, &C., &C.
est in said improvement, assessment, taxes, or any property to be
affected by it; nor shall such vote prejudice, void or invalidate
any action of the Common Council by reason or on account of any
otle to be such interest, On all questions ordering any public improvement,
entered o n
the minutes levying or confirming any tax, approving any contract, appropriaby ayes and
Tr)-ys.   ting or expending any moneys, and on the final passage of any or         dinance, the names  of the members voting for and against the
same, by yeas and nays, shall be entered upon the record of pro         ceedings. [Act of 1869.]
AldCermen   (~ 44.)  SEC. 9.  No  member of the Common  Council shall
not to be ino
terested in during the period for which he was elected, be appointed to or be
c o n t r acts,
&C. competent to hold any office, of which the emoluments  are paid
from the city treasury, or paid by fees directed to be paid by any
act or ordinance of the  Commnon Council, or be directly or indi         rectly interested in any contract, as principal, surety, or otherwise,
the expenses or consideration whereof are to be paid under any
ordinance of the Common Council; but this section shall not be
construed to prevent the Mayor or Recorder from receiving any
salary which may be fixed by the Comntmon Council, nor from hold         ing anlly office, nor to deprive any AldQrnian of any emoluments or
fees to which he may be entitled by virtue of his office. [Aet of
1859.]
Ge,'l Pow-   (~ 45.)  SEC. 10.  The  Common  Council in addition  to the
, f t  powers    and duties specially onferred upon them in this Act, shall
Council are pwr   n   uisseilycnerduo   hmi  hsAt   hl
e,umerated have the management and control of the finances, rights and in         terests, buildings, and all property, real and personal, belonging to
the city, and make such orders and By-Laws relating to the same,
as they shall deem proper and necessary; and further they shall
have power within said City to enact, make, continue, establish,
modify, amend and repeal such Ordinances, By-Laws and Regula         tions as they deem desirable within said City, for the following
purposes:
The Pulbile   First.  To  prevent vice  and immorality, to preserve public
Peace, &c.
peace and good order, to regulate the Police of the City, to pre         vent and quell riots, disturbances and disorderly assemblages;
Disorderly   Second.  To restrain and prevent disorderly and gaming houses,
a.nd Gaming
houses.ming and houses of ill-fame, all instruments and devices used for gam         ing, and to prohibit all gaming and fraudulent devices, and regu         late or restrain billiard-tables and bowling alleys;
20 
CfLRlPTEPR OF TlH  CI'TY OF FAG   kUINAW.                            21
CoOIMON COuNCIL:-WI-1ro SHALL CONSTITUTTE, POWEORS, &C,, &c.     TITLE II t.
Thard.  To forbid and                         prevent the vending or other disposition   I n t oxicat                                                                    ing Liquors.
of liquors and intoxicating drinks, in violation of the laws of this
State, and to forbid the selling or giving, to be drank, any intoxicating liquors to any child or young person, without the consent
of his or her parent or guardian, and to prohibit, restrain and regu- Auctioi.
late the sale of all goods, wares and personal property at auction,
except in cases of sales authorized by law, and to fix the fees to
be paid by and to auctioneers;
Fourth.  To  prohibit, restrain, license and regulate all sports, Ex.ibitions
exhibitions of natural or artificial curiosities, caravans of animals,
theatrical exhibitions, circuses, or other public performances and
exhibitions for money;
Both.  To  abate or remove nuisances of every kind, and to
Abate Nuiscompel the owner or occupant of any grocery,  tallow-chandler- ance..
shop, butcher's-stall, soap factory, tannery, stable, privy, hog-pen,
sewer or other offensive or unwholesome house or place; to cleanse,
remove or abate the same, from tinme to time, as often as they may
deem necessary for the health, comfort and convenience of the inhabitants of said city;
Sixth.  To direct the location of all slaughter-houses, markets Ibid.
and buildings for storing gunpowder or other combustible substances;
Seventh.  Concerning the buying,  carrying, selling and using Gu-ipowda,
gunpowder,  fire-crackers or fire-works  manufactured or prepared
therefrom, or other combustible materials, and the exhibition of
fire-works, and the discharge of fire-arms, and the lights in barns,
stables and other buildings, and to restrain the making of bonfires
in streets and yards;
Eighth.  To  prevent the encumbering  of streets, sidewalks  C l e a r i,g
streets, &C.
cross-walks, lanes, alleys, bridges, acqueducts, wharves or slips, in
any manner whatever;
Ninth.  To  prevent and punish horse-racing and inmmoderate Hgors, Rae
ing, &c.
riding or driving in any street, and to authorize the stopping and
detaining any person who shall be guilty of immloderate driving or
riding in any street;
Tenth.  To determine  and  designate the routes and grades of
Rit lroads.
any railroad to be laid in said city, and to restrain and regulate
the use of locomotives, engines and cars upon the railroads within
the city. 
(,[tA R I']R OF THE  Clf]IY O11   EA,7 S  If GIA. T V.
TITLI,,l Il.  CO —r.oN COUNCIL,:-WHO SUALL CONSTITUTE; POWERIS, &C., &C.
t.hinr,    Eleventh.  To prohibit or regulate bathing in any public water,
and to provide for cleansing Saginaw  River of drift-wood and
other obstructions;
Vagrants,   Twelfth.  To restrain and punish drunkards, vagrants, mendi          cants, street beggars, and persons soliciting alms or subscriptions
for any purpose whatever;
Thirteenth. To establish and regulate one or more pounds, and
Impound- 
ng animals. to restrain and regulate the running at large of horses, cattle,
swine and other animals, geese and poultry, and to authorize the
impounding and sale of the same for the penalty incurred, and the
costs of keeping and impounding;
Dogs.       fourteenth.  To  regulate and prevent  the running at large of
dogs, to impose taxes on the owners of dogs, and to prevent dog
fights in the streets;
P u t rid    Fifteenth. To prohibit any person  from bringing and depositing
M ea,atc.  within the limits of said city, any dead carcass or other uiiwholeT~i~les, &e. 
some or offensive substances; and to require the removal or des         truction thereof, if any person shall have on his premises such
substances, or any putrid meats, fish, hides or skins of any kind,
and on his default, to authorize the removal or destruction thereof
by some officer of the city;
Clearing of  Sixteenth.  To compel  all persons to keep side-walks in front
Sidewalks. of premises owned or occupied by them, clear from snow, dirt
wood or obstructions;
Ringing of   Siventeenth.  To regulate the ringing of bells, and the  crying
Bell.  of goods and other commodities for sale at auction or otherwise;
and to prevent disturbing noises in the streets;
Watchmen.   Eighteenth.  To prescribe the powers and duties of Watchmen
and the fines and penalties for their delinquencies;
Burial of    Nineteenth.  To regulate the burial of the dead, and compel the
dead.
dead.  keeping and return of bills of mortality;
Regulate     Twentieth.  To establish, order and regulate the lmarkets,  and
Markets.
to prohibit forestalling the same, to regulate the vending of wood,
meats, vegetables, fruits, fish and provisions of all kinds, and
prescribe the time and place for selling the same, and the fees to
Proviso.   be paid by butchers  for license: Provided, That  nothing herein
contained shall authorize the  Commoii Council to restrict in any
way the sale of fresh and wholesome mneats by the quarter, within
Add? 
IflARI7JR   OF 7'IIE C~7TY OF F.AST AIAG[LV14T I
CO —MMON COUNCIL:-W110o SH.ALLT, CONSTITUTEF; POWERS, &C., &C.   TITTi,E II.
the limits of the city, at any time later than nine o'clock in the Reservois,
morning of each day;
:Tweny-fir8,.  To establish, regulate and preserve public reser- Concerning
Sex toil s,
voirs, wells and pumps; and to prevent the waste of water;           Porters and
Twenty-second.  To adopt rules for the regulation of sextons oths.
arnd undertakers in burying the dead; also for carmen and their
carts, hackney carriages and their drivers, omnibuses and their drivers, scavengers, porters and chimney sweeps, and their fees and
compensation,  and the fees to be  paid by themn into the  City
Treasury for licenses;
lwenty-third.  To  prevent runners, stage drivers and others, Runners
from soliciting passengers or others to travel or ride in any stage,
omnnibus, boat, or upon any railroad, or to go to any hotel or
otherwheres;
:7i:entyfourth.  Concerning  the  lighting of  the streets  and Lighting of
Streets.
alleys. and the protection and safety of public lamps;
Twenty-fifth.  To regulate and restrain hawking and peddling Peddling.
in the streets, and to regulate pawn-brokers;
Duties, Pel   Twenty-sixth.  To prescribe the duties of all officers appointed altics. a  i
Bonds.,
by the Common Council, and their compensation,  and the penalty
or penalties for failing to perform such duties, and to prescribe
the bonds and sureties to be given by the officers of the city for
the discharge of their duties, and the time for executing the same,
in cases not otherwise provided for by law;
Twenty-seventh.  To  preserve the salubrity of the Waters of RSaaglin a w
River~
Saginaw River, or other streams within the limits of the said city;
to fill up all low grounds or lots covered or partially covered with sabacte Nuiwater, or to drain the same, as they may deem expedient;
Twenty-ei7hth.  To prescribe and designate the stands for car- Staii(ids for
C a r r iages,
riages of all kinds which carry persons for hire, and for carts and &c
carters, and to prescribe the rates of fare and charges, and the
stand or stands for wood, hay and produce exposed for sale in said
city;
Twenty-ninth.  To prescribe the line upon which docks shall be Docks aiil
Dockv Lip. es.
built in Saginaw River, and beyond which they shall not extend,
and to enforce the same by a fine not exceeding five hundred dol-Penalty.
lars, and to regulate such docks, and to compel the owners or occupants thereof to keep the same in repair;
23 
CIIL4RY'R 0' TIlE  ('ItY 0OFP' Pt4S7 AS  GIY4 TV
TITLIE ITT.  COMMION COTINCTTI,:-WIto SIrT,LT CONSTITUTE; POWERS, &C., &C.
a r b l  r    Thirtieth.  To  appoint so many  harbor  masters as they may
Masters.
deem necessary, and to prescribe their powers, duties and compen         sation.
w e i g hts   Thirtyfir8t.  To prescribe the duties of sealers of weights  and
atnd  Meas-res.     measures, and the penalty for using false weights  and measures,
and all the laws of this State in relation to the sealing of weights
and measures shall apply to said city, except as herein otherwise
provided.   [Act of 1859.]
Streets and   (~ 46.)  SEC. 11.  The Common Council may ascertain,  estabAlleys.    lish and settle the boundaries of all streets and alleys in the said city,
and prevent and remove all encroachments thereon, and exercise
all other powers conferred on them by this Act, in relation to
Taxes, Fires highways, the prevention of fires, the levying of taxes, the sup         plying of the city with water, and all other subjects of municipal
regulation, not herein expressly provided.   [Aet of 1859.]
Penalties   (~ 47.)  SEC. 12.  Where,  by the provisions of this Act, the
Provided by
orclinance. Common Council have authority to pass ordinances on any subject,
they may prescribe a penalty not exceeding one hundred dollars,
(unless the imposition of a greater penalty be herein otherwise
provided,) for a violation thereof, and may provide that the offen         der, on failing to pay the penalty imposed, shall be imprisoned in
the county jail of Saginaw County, or in the city prison, for any
term not exceeding ninety days,  which penalties may be sued for
and recovered, with costs, in the name of the City of East
Saginaw. [.Act of 1859.]
When Ord-  (~ 48.)  SEC. 13.  No Ordinance of the  Common  Council iminances to
take effect. posing a penalty shall take effect until after the expiration of at
least three days after the first publication thereof in a newspaper
published in said city.  [Act of 1859.]
Record  to  (~ 49.)  SEC. 14.  A record or entry made by the Clerk of the
be used as
evidence. said city, or a copy of such record or entry duly certified by him
shall be prima facie evidence of the time of such first publication
and all laws, regulations and ordinances of the Coinmmon Council
may be read in evidence in al] courts of justice, and il  all pro         ceedings before any officer, body or board in which it shall be
necessary to refer thereto; either,
First. From a copy certified by the Clerk of the city, with the
seal of the city of East Saginaw affixed; or,
2)-i 
CHARTER OF TYIE C(ITY OF EAST SAGINAW.
COIMMON COUNCIL:-WHO SHIALL CONSTITUTE, POWERS, &C., &C.   TITLT,E Ir.
Second. From the volume of ordinances printed by authority
of the Common Council. [Act of 1859.]
(~ 50.)  SEC. 15.  Whenever the Common Council are required Pu)icatio
of N~otices,
by law to make publication of any notices, ordinances, or resolu- &c
tions or proceedings, in one or more newspapers of said city, it
shall be deemed  sufficient to publish the same in any daily orweekly newspaper published in said city.  [Act of 1859.]
(~ 51.)  SEC. 16.  The Common  Council shall have power to City Cemepurchase and to hold a suitable lot or lots of land, within or without the corporation limits, for the purpose of a City Cemetery or
Cemeteries; and they shall make such rules and regulations regarding the same as they may deem necessary; and may cause the
same to be surveyed into suitable lots, and may dispose of the same
to purchasers, and thereupon cause to be executed to such purchaser a good and sufficient deed, in the corporate name of the
said city, which deed shall be signed by the Mayor and Clerk, and
countersigned by the Comptroller.   [Act of 185.9]
(~ 52.)  SEC. 17.  The  Commissioners of the  City Cemetery Cemetery
Commisand the Comptroller, shall constitute a board of Superintendants sioners.
of the City Cemetery, and the Comptroller shall be the Treasurer
of said board. [Act of 1859.]
(~ 53.)  SEC. 18.  The Common  Council shall have power to P otter'F
purchase a Potter's Field, within or without the city limits, for the ield.
burial of the city poor, and may make such rules and regulations
concerning the same as they may deem necessary. [Act of 1859.]
(~54.)  SEC. 19.  The  Common  Council  shall  have  powerAlmshoust,
M ark et,
whenever, in their opinion, the necessities of the city require, to c1i t y Hall,
construct a City Alms House, City Hall and City Market or Markets, and to appoint the Keepers, Clerks, and. necessary officers
thereof, and may locate such City Alms House,  City Hall and
City Market or Markets, within or without the city limits, and
may make such regulations concerning the same as the Common
Council may think proper. [.Act of 1859.]
(~ 55.)  SEC. 20.  The Common Council shall have and exercise Innkeepels,
in and over said city, the same  powers in relation to the regula- Saloons &C.
tion of Taverns, Groceries, Common Victualers, Saloon Keepers
and others, as are now or may hereafter be conferred by the general laws of this State upon Township Boards, or upon the corpo
25 
2(i           CIIAR,TE'PR OF THE CITY OF EAST SA GI ~A W.
TITT,E IIl.  CO.MION COUuNCII.-WrHO SHALL CONSTITUTE, POWERS, &C., &C.
rate authorities of Cities and Villages in relation to Taverti
Keepers and Commnion Victualers, and subject to the same  condi         tions and limitations; and the general laws of this State now  in
force, or which may hereafter be enacted, in relation to the regala         tion of Taverns, Groceries and Cominoii Victualers, shall be
Must  first deemled applicable to the city, unless otherwise limited.  No perobtain a Licebt.aia Lison shall engage  in or exercise the business or occupation  of
Tavern Keeper, Inn Holder, Commotio  Victualer, or Saloon Keeper
within the limits of said city, until he is first licensed  as such by
the Common Council; and any person who shall assunle to exercise
such business or occupation, without having first obtained such
license, shall forfeit and pay, for every day he shall so exercise such
Penalty.   occupation or business, the sumi of two dollars, to be recovered by
action of debt, in the name of the City of East Saginaw, before
any justice of the peace of said city, together with the costs of
C o u n c i 1 prosecution.  The  Common  Council shall have power to grant
may License, &c. licenses to authorize persons to exercise the business of Tavern
Keeper, Inn Holder, Common Victualer, or Saloon Keeper, within
the said city, and may impose such fees to be paid into the City
Treasury on the granting of such license, as they may see fit.
[Act of 1859.]
C o mmm on   (~ 56.  SEC. 21.  Onthe last Tuesday before  the last Monday
Councills
Annttal Re- in the month of March of each year, the Common Council shall
port.
audit and settle the accounts of all other officer and persons having
claims against the city, or accounts with it; and shall make out
a statement in detail of the receipts and expenditures of the cor         poration during the preceeding year, in which statement shall be
Contents of.
clearly and distinctly specified the several items of expenditure
made by the Common Council, the objects and purposes for which
the same were made, and the amount of money expended under
each, the amount of taxes raised for the general contingent ex         penses, the amount raised for lightning and watching the
city, the amount of highway taxes and  assessments,  the amount
of assessiments for opening, paving, planking, repairing and altering
streets, and building and repairing bridges, the amount borrowed
on the credit of the city, and the terms on which the same was
obtained, and such other information as shall be necessary to a full
understanding of the financial concerns of the city.   [Act of 1867.] 
CHAPRTEI OF THE CT7Y OF EAST SAGINA V.    2                             7
COHMMON COUNCIL:-WHO SI-IALL CONSTITUTE, POwVERS, &C., &C.  TITI,TE Ii.
(~ 57.)  SEC. 22.  The said statement shall be signed by the Signe,l,filed
an'dj pu b 3)layor and Clerk, and filed with the papers of the city; and the lished.
same shall be published by the Clerk, at the expense of the city,
in some newspaper thereof, to be designated by the Common Coun (il, previous to the first Monday of April thereafter.  [Act of 1867.]
(~ 58.)  SEC. 23.  The Common Council of the City of East Ferries.
Saginaw, or the major part of themn, shall have the sole and exclu sive power from time to time, to license, continue and regulate so
many Ferries from within said City of East Saginaw to the  oppo site shore of Saginaw River, for the carriage and transportation
of people, goods and chattels across the said river, in such manner
as shall appear to them most conducive to the public good: Pro vided, That nothing contained in this section shall be so construed
as to deprive any person whatever of the possession of the pro perty or soil on the shore of said river, nor of any right of fer riage under any existing license.  LAce of 1859.]
(5 59.)  SEC. 24.  The members of the Common Council shall Compensa'~~~~~~~~~~~~~~~ tion of
be allowed, as compensation for their services, one dollar for actual members.
attendance at each regular session of the Council, to be certified
by the Clerk to the Controller, quarterly, and paid out of the general fund. [Act of 1869.]
(~ 60.) SEC. 25. Any Alderman who shall be absent from the Abse,eciee to
!acat offce
sessions of the Common Council, without leave, for six consecutive vae 
weeks, shall be deemed to have resigned, and  the office shall be
deemed vacant, and the Common Council shall order a new election
to fill such vacancy, as in this act provided  in case of vacancies.
[Act of 1869.]
(~ 61.)  SEC. 26.  The Common Council shall have power to Deposit of
direct the deposit of all moneys, bonds, papers and evidences of money,&cvalue, in any bank, vault or safe, and receive interest on all
balances and moneys so deposited, which interest received shall be
c-redited to and from a part of the interest fund.   [Aet of 1869.]
(~ 62.)  SEC. 27.  The  Common Council shall have power to Exd peulsio'i
anld removal
expel or remove from office any of its own  mnemibers, or ally other o! Offiers.
(officer holding office by electionl, except the Mayor and Recorder,
for corrupt or wilful mialfeasance or misfeasance in office, or for the
wilful neglect of the duties of his office, by a vote of two-thirds of
all the Aldermen elect; and in such ease, the reasons for such ex 
CHA4RTER OF THE CITY OF EAST SAGINAW.]
TITT,E If.  COMMON COUNCIL:-WHO SHALL CONSTITUTE, POWERS,  C., &C.
pulsion or removal7 shall be entered upon the records of the Com         mion Council, with the names and votes of the members voting on
the question.  But no officer holding office by election, shall be re
moved or expelled by said Common Council, unless first furnished
with a copy of the charges against him in writing, and be allowed
to be heard in his defence, with aid of counsel; and for the pur         poses hereof, the Common Council shall have power to issue sub         poenas, to compel the attendance of witnesses, to examine witnesses
upon oath to be administered by the presiding officer, and the pro         duction of papers, when necessary, and shall proceed within ten
days after service of a copy of the charges, to hear and determine
upon the case. If any such officer shall neglect to appear and
answer to said charges, his default shall be deemed good cause for
his removal from office. [Act of 1869.]
28 
CIIARTERP OF THE CITY OF EAST SAGINAW.
OFFICERS:-THEIR RIGHTS, POWERS AND DUTIES.
TITLE IV.
OFFICERS:-THEIR RIGHTS, POWERS AND. DUTIES.
SECTION.
1. The Mayor.
2. Of Official Bonds, where de    posited.
3. Aldermen, General duties of.
4. Special Powers granted Mayor
and Aldermen.
5. Controller; how appointed and
duties of.
6. Assessor; how appointed and
duties of.
7. Assessment districts and Rolls.
8. Supervisors; duties of.
9. City Clerk; duties -of.
10. City Clerk; to publish Ordi    nances and Notices.
11. Treasurer; General duties of
the
12. City Attorney; Qualifications
and duties.
13. Marshal; duties, powers and
responsibilities.
14. Recorder; powers, duties and
compensation.
15 to 23. Justices of the Peace;
jurisdiction, &c.
24.-25. Constabl es;  duti es   an        d
obligations of.
SECTION.
26. Criminal Expenses  chargable
to County.
27. Street Commissioner; appoint     ment and duties of the
28 to 31. Cemetery Commissioners;
duties of the
32. School Inspectors.
33. Duties of Surveyor, Physician
and other officers to be pres     cribed by Council.
34. Compensation  of  Officers;     when and how fixed.
35. Collectors of Taxes; powers
and duties of; vacancies and
compensation provided  for,
*    &sc.
36. Director of the Poor; duties
of the
37. Oaths, Affidavits anddAcknow     ledgements;  who shall  ad     minister, &c.
38. Officers  to deliver up  books,
funds, &c., to successors.
39. Additional rights and duties;
how gran ted.
40. Malfeasance in office, how
punished.
care that the laws of the State, and the ordinances of the Common
Council be faithfully executed; to exercise a constant supervision
and control over the conduct of all subordinate officers, and to receive and examine into all complaints against them for neglect of
duty; to recommend to the Common Council such measures as he
shall deem expedient; to expedite such as shall be resolved by
them, and, in general, to maintain the peace and good order, and
advance the prosperity of the city.  [Act of 1859.]
(~ 64.) SEC. 2. All official bonds of said city shall be depos- o f fl c i a l
bonds,whein
ited with the Clerk of the city for safe keeping, unless the Council deposited.
otherwise order, in which case they shall be deposited as they
2cg
TITLE -IV. 
.~30         (~CrLARi]'JR OF ]IIE CIT'Y OF  A..4sI' L4GIiVAIV.
T.TITLF IV.        OFFICERS:-THIEIR RIGHTS, POWERS AND DurIES.
may direct; and it shall be his duty to deliver the same to his
successorin office.  [Aet of 1859.]
l)ii ties of  (~ 65.)  Sec. 3.  It shall be the duty of every Aldermian in said
Aldermen
city to attend  the regular and special  meetings of the Common
Council; to act upon committees when thereunto appointed by the
Mayor or Common Council; to order the arrest of all persons vio          lating the laws of this State, or the ordinances,  by-laws or police
regulations; to report to the Mayor all subordinate officers who
are guilty of any official misconduct or neglect of duty; to main          tain peace and good order, and to perform all other duties required
(f them by this act. [Act of 1859.]
peia1 du-  (~ 66.)  SEc. 4.  The  Mayor, Recorder  and  Aldermen,  by
ties of the virtue of their respective offices, shall be conservators of the public
Mayor, Recorder and peace, and as such, shall each have and exercise all the power and
Aldermen.
authority of Justices of the Peace in criminal cases, and in en          forcing the laws of the State, relating to the police thereof, but
shall have no jurisdiction of civil cases, other than such as by this
act shall be expressly conferred upon  them, or either of them.
[Act of 1859.]
Controller,
Cohenlerp-  (~ 67.)  SEc. 5.  There shall be appointed by  the Common
poli,ntedfand Council at their first meeting in the month of March,  1865, and
duities of.
at their third regular meeting in the month of April, every three
years thereafter, or as soon thereafter as may be, one Controller,
who shall hold his office for the term of three years. It shall be
Keoep A c-  the duty of the Controller to keep the financial accounts of said
counts.
Countersign corporation to countersign all bonds, orders upon the treasury,
Bonds, &c. licenses, burial permits, cemetery deeds, and all evidences of debt
and transfer of property which the  Common  Council or corpora          tion are authorized to issue or make, pledging the faith of said
Receive and
Audit a II city; to receive all accounts and demands against the said corpoA c cou nts
against,the ration, examine them in detail, audit or allow them, or such parts
city.
thereof as to the correctness of which he has no doubt, and which
the claimant is willing to accept in full discharge thereof, file and
number them  as vouchers, with the date of their allowance, and
the funds out of which payable, and when so audited, settled, filed,
Record of dated and numbered, to report the same to the Common  Council,
~Bonds.
and when payment shall be duly authorized by the Common Coun         cil, to countersign and register the orders drawn therefor by the
City Clerk, upon the City Treasurer. No claim so audited shall
be binding against the city until approved by vote of the Common 
CHARP'ER OF   CITE   ITY' OF EAST SA GLiVA W                       31
OFFICERS -THEIR RIGHTS; POWERS AND DUTIES.                TiTL.E iv.
Council. The Controller shall keep a record of bonds issued by
said corporation, with the number, amount and dates, when issued,
when payable, and all coupons attached thereto, and shall keep
account. in proper books, of all such bonds and the bonded indebtedness, for the information of the Common Council. And the
Controller shall also, in like manner, keep accounts of all funds Funds,TV.xtaxes, assessments, receipts and expenditures, and on the  last es, &ec.
Tuesday before the last Monday, in the month of March, in each
Annual Reyear, shall make out and present a full statement and balance-sheet port.
of the financial accounts of the city, with such recommendations
and explanations as may be proper to add thereto. The Controller
shall advertise and receive proposals for all contracts for or on be
half of the city, except as in this act otherwise provided  and R eceiv e
p r o p o sals
report his action thereon to the Common Council.  He shall sign and m a kl e
contracts.
all contracts and agreements on behalf of the city, except as inco
this act otherwise provided, subject to the orders of the Common
C o u n c i l, and make all purchases of materials,       tools, books, station- Make Pur                                                                   chases.
cry, apparatus, and property for the city or its officers, not otherwise provided for herein, or ordered by the Common Council. He
shall keep a record of all officers and employees of the city, and
certify the pay-rolls and wages of all such officers and persons to Pay Roll.
the Common Council; he shall be charged with the leasing, repairs, insurance and general supervision of the property of the
city, and for his information may require reports from all officers
and persons having any city property in charge or possession, and Officers to
report to.
report upon the same when required by the Council.  It shall also
be the duty of the Controller to examine all tax rolls and reports Tax Rolls.
of city officers, and transfer abstracts of the same to his account
book, and take and exercise a general supervision of the financial
concerns of the corporation; to keep complete sets of books, exhi- Books.
biting the condition of said corporation in its various departments
and funds, its resources  and liabilities, with proper classification
thereof, of each fund or appropriation for any distinct object of
expenditure or class of expenditures.  Whenever any such fund or
appropriation has been exhausted by warrants already drawn there- Fuins.
on, or by appropriations, liabilities, debts, or expenses actually incurred or contracted for, the Controller shall advise the Council
thereof at its next meeting.  The Controller shall also be a mcaly Cemetcry
bcr of and Treasurer of the Board of Cemetery Conmmissioners, Commis'r. 
CIIARTP,' OF THE CITY OF EAST,SAGINA T.
TITLE IV.         OFFICEIS:-THTEIR RIGHTS, POWERS AND DUTIES.
and keep all records and accounts of said board, except as other         wise herein provided. The Controller shall open an account with
Account of the Treasurer, in which he shall charge  said Treasurer with the
Tre              asurer.                       h
whole amount of taxes, special or general, levied in said city and
placed in his hands for collection. all sums received for licenses,
rents, and all other moneys which may be paid into the city treas         ury, and all bonds, coupons, notes, leases, - mortgages, interest, and
Accodunt of bills receivable by said city, of whatever nature.  He shall charge,
WVard Collectors.    to the several Ward Collectors all taxes which may  be placed in
their hands for collection, and all other officers of the corporation,
with all funds, moneys, and property placed or being in their posSettlenients session, and shall require settlement with such officers at least once
in each year, and as much oftener, not to exceed once in each month
as the interests of the city and the safety of its property may require
and he shall give said Treasurer, Collectors and all other officers
Credits,how credits for all moneys disbursed, upon showing of proper vouchers,
given.    and for all property consumed, expended and destroyed by ordinary
wear and use, and not otherwise. The Controller shall make out
Warrants to and attach warrants to all tax rolls of said city, whether for State,
Tax Rons. County, City, General or Special Assessments, or Taxes, and such
warrants shall be in the usual form of law, and shall have the same
virtue, force and legal effect as warrants made by the Supervisors
of townships, pursuant to the laws of the State. The Controller
shall also perform such other duties as are or may be prescribed by
this act, or by ordinances of the Common Council, not inconsistent
herewith, and shall receive for his services such annual salary as the
B]ond.    Common Council shall prescribe, and he shall give a bond  with
sureties in the sum of not less than five thousand dollars, for the
faithful performance of the duties hereby imposed. And the Con         troller shall have a seat in the Common Council, and may speak
upon all matters that come before the Council, and serve upon com         inittees thereof, but shall have no vote. [Act of 1869.]
Assessor;   (~ 68.)  Sec. 6.  The  Common  Council shall,  at their third
A p pointinents and meeting in the month of April, in the year 1869, or as soon thereduts    of.
after as may  be, and every three years thereafter, appoint one
Assessor for said city, who shall annually assess all the property in
said city liable to taxation under the laws of this State, now or
hereafter in force, for the purpose of levying the taxes lawfully im          posed thereon, and who shall, for the purpose of making such as
32 
CIIARTER OF TIHE CITY OF EADST SA GINA TV.
OFFICERS:-THEIR RIGHTS, POWERS AND DUTIES.           TITLE IV.
sessment, have all the powers, and perform all the duties of Super
visors of townships in this State. The Assessor shall also prepare
and make the returns required by law, relative to the registration
of births and deaths of said city, and the list of persons to serve B i r t h s,
Deaths,
as jurors, and perform such other duties as this act imposes. The Jurors.
Assessor, the Controller, the City Attorney, and the Supervisors
elected in the several Wards, shall be members  of the Board  of Supervisors
Supervisors of Saginaw County, and represent the interests of this
corporation on said board; and the Assessor, City Attorney and
the Controller as such Supervisors, shall be entitled to receive the
same compensation as other Supervisors, for attendance upon said
board.  The  Assessor shall have power to administer oaths and Podweri to
bo~~~~~~~~~~~~~~~~~~~Ard.ad minister
affirmations, whenever necessary to the proper discharge of the du- Oaths.
ties of the office, and any person who shall wilfully swear falsely to any
return, valuation, record, property, or material fact regarding his
property liable to be assessed under the laws of this State. shall be
held and deemed guilty of the  crime of perjury.   The Assessor C(ompensashall receive such compensation, for his services in making assess
ments and levying and extending taxes thereon, as the Common -
Council may determine, and shall be subject to removal for cause
the same as other officers appointed by the Common Council.
[Act of 1869.1
(~ 69.)  SEc. 7.  The Wards of said City shall each constitute Anosessment
Rollfs.
a separate Assessment  District;  Provided, The assessment rolls
made and used for City purposes, may, for convenience, be enclosed
in one book or voluiie, which shall be bound and preserved in the
office of the City Clerk, for future reference and use of said city,
as hereinafter provided. The assessment rolls of the several
Wards for State and County purposes, shall not be so bound, but
shall be made  separately by Wards,  in the imanner, and for the
purposes hereinafter provided and specified.'A4ct of 1869.]
(~ 70.) SEC. 8. The Supervisors of the several Wards of said Supervis.ors
city shall be members of the Board of Supervisors of Saginaw
County, and shall perform all the duties of Supervisors of Townships, except as herein especially provided, and except as to such
duties as are herein especially devolved upon other officers of said
city, and shall be entitled to the same compensation as Township
Supervisors, and to such additional compensation as is hlereinbefore
provided. [Act of 1869.J
33 
CHARTER OF ITHE CITY OF EAST SAGINAW.
TITLE IV.. OFFICERS:-THEIR RIGHTS, POWERS ANTD DUTIES.
city Clerk,  (~ 71.)  SEC. 9.  The Clerk shall keep the corporate seal, and
duties of.
all the papers and files belonging to said city as a corporation, not
properly by this act in the custody of some other officer thereof,
and shall make a full and complete record of the Proceedings of
the Common Council, whose meetings it shall be his duty to attend;
and copies of all papers duly filed in his office, and transcripts
from the records of the proceedings of the ( ommon  Council, cer         tified to by him under the corporate seal, shall be evidence in all
places, when produced, of the matters therein contained; he shall
attest all licenses granted for any purpose whatever by the Mayor
or Common Council, and shall enter in an appropriate book, the
Licenses.
name of every person to whom a license shall be granted, and the
number of such license, and the date thereof, and the time during
which it is to be  continued  in force, and  the sum paid for such
license; no license for any purpose granted shall be valid until
thus attested by the Clerk and countersigned by  the  Controller
Hie shall also act as Clerk of the Board of Health and the Board
of Water Commissioners of said city, and when so required, of the
Standing Committees of the Common Council,  and perform such
other duties as may be required by law of township clerks, so far
as applicable under this act or the ordinances of the city. [Act of
1869.]
Ordinances,   (~ 72.)  SEC. 10.  The Clerk shall publish at least one week in
& c., to be
published one of the newspapers printed in the city, all ordinances of the
Common Council, for the violation of which any penalty may be
imposed, and all votes, ordinances and resolutions, directing the
payment of money, shall be published at least once in like manner;
within eight days after the passage of such vote, ordinance or reso         lution; he shall also perform such other duties as this act shall
direct, or which may be directed by ordinance of the Common
Council. [lAct of 1859.]
Treasurer,    ( 73.)  SEC. 11.  The Treasurer  shall receive all moneys  be
duties of.
longing to the city, except such as are required to be kept in the
hands of the Controller, and shall receive all taxes of said city,
levied by order or authority of the  Common Council, except as
herein otherwise provided. The Treasurer shall alsh collect all
rents, interest, claims and dues to said city, arising from rentals,
leases, sales of property, or claims of any other nature whatever,
not herein otherwise provided for. He shall hold all bonds, notes,
34 
CHARTER OF THE CITY OF EAST SAGINAW.
OFFICERS:-THEIR RIGHTS, POWERS AND DUTIES,
mortgages and other evidences of debt or value belonging to the
said corporation. He shall deposit the moneys of the city under
the direction of the Common Council, and shall keep an accurate
account of the same, and all receipts and expenditures thereof, and
with every fund and appropriation thereof, made by this act, or by
the authority and direction of the Common Council. He shall
pay no money out of the treasury, except in pursuance of or by
authority of law, or in satisfaction of warrants drawn by order of
the Common Council, signed by the City Clerk and countersigned
by the Controller, or of coupons and bonds regularly and lawful
issued by said corporation. He shall keep an accurate account of
and report to the Controller once in each week, a detailed stateient of all taxes collected and moneys received,  as well as all
moneys disbursed, and at the end of every quarter shall make a full Settlements
settlement with the Controller and Finance Committee of the
Common Council, producing the vouchers for all transactions,
which vouchers shall be-canceled by said Controller and Committee,
and the result of such settlement reported to the Council. Bonds
and coupons shall be paid out of the particular funds constituted
or raised for the purpose for which the same are issued, and warrants shall be paid only out of moneys in the funds against which
the same are drawn as written upon the face thereof.  Whenever Interest on
Warrants.
any warrant is presented for payment, if there is no money in the
fund upon which such warrant is drawn, the Treasurer shall endorse the date of such presentation on the back of such warrant,
which shall thereafter draw interest at the rate of seven per cent.
per annum, for a period not exceeding six months, unless the same
shall be again presented for payment and endorsed, and the Treasurer shall compute interest as above provided, and pay the same
when said warrant is redeemed, and charge the amount so paid for
interest to the interest fund.  The Treasurer shall keep an office Keep anofin some convenient place in said city, and the books and accounts fice.
in his charge belonging to the city shall be open to the inspection
of any tax-payer of said city at reasonable hours, in any week day
(except in case of sickness or leave of absence ganted by the Common Council,) and where all bonds, coupons and warrants shall be
presented for payment; and the Treasurer shall not discriminate w h e r e
money to be
as to parties holding bonds, coupons or warrants, or other lawful paid out.
35
TITLI-1, IV. 
CHARTER OF THE CITY OF EAST SAGINAW.
TITLE IV.      OFFICERS:-THEIR RIGHTS, POWERS AND DUTIES.
demands, and shall pay them only when so presented at his office.
The Treasurer shall obey all orders and resolutions of the Common
Council, and perform all duties devolved upon him by this act or
by resolution or ordinance of said Common Council, not inconsist         ent with the provisions of this act, and shall turn over to his suc         cessor in office all money, books, papers, and property of every
kind and description, due and belonging to said corporation,  upon
to be adaded demand.  The Common Council shall have power to prescribe the
to Tax Rolls
Bonds, &c. percentage added to all tax rolls, not herein provided for, and to
direct to what fund it shall be credited, and may direct the TreasBonds, etc. urer as to the deposit and safe keeping of all books and papers of
his office, and require bonds with such sureties and in such amount
as they deem proper for the faithful performance of his duties as
Treasurer; and said Treasurer shall receive for all services he may
render, such annual salary as the Common Council may direct         [Act of 1869.]
city Attor- (~ 74.) SEc. 12. The City Attorney shall be an attorney and
ney.      counselor at law of good standing, and qualified to practice in all
the courts in the State. Hie shall, on application of the Common
Council, or of any officer of the city, furnish advice relative to all
matters of law, in the discharge of their duties, appear in behalf
of the city in all suits, and perform such other legal duties as may
be prescribed by ordinance. [Act of 1869.]
Marshal,   (~ 75.)  SEc. 13.  The Marshallshall possess  and exercise the
Powers and
duties of.  powers and duties as conservator of the peace which township con         stables possess and may exercise by virtue of the laws of the State;
he shall attend the sittings of the recorder's court, and be vested
with full power and authority to serve papers and execute all proServe P rocess of Re-cess issued by said recorder's court; he, or his assistant, shall atcor der's
court.   tend the sessions of the Common  Council, and obey all orders
Attend the received from the Mayor and Council; he shall, by virtue of his
Sessions of
the Council. office, be chief of the police force of the corporation, and as such,
Chief of Po- perform all the duties required by the ordinances of the Common
lice.
Council; he shall be superintendent of the city, and charged with
its peace, and the execution and enforcement of the by-laws and
ordinances thereof; he shall be chief fire warden of the city, and
attend all fires, and report to the Mayor, and, whenever necessary,
Fire Warden.       to the Common Council, any drunkenness and disorderly conduct
among firemen, and shall have summary power, and it shall be his
36 
CItARIER OF THE CITY OF EAST SAGINAW.                               37
OFFICERS:-TITHEIR RIGHTS; POWERS AND DUTIES.               TITLE IV.
duty, to arrest, or cause to be arrested, all members of the fire department, or other persons who shall be drunk or disorderly at
fires; he shall report, in writing, to the Mayor. the origin, extent Incendiarand cause of all fires, with such information as will tend to check ism.
incendiarism and preserve property; he shall be the fence viewer
of the city, and for that purpose, is hereby vested with the same F  n c e
powers and duties, and entitled to the same compensation as is now Viewer
or may be prescribed by the laws of the State for fence viewers in
townships; he shall perform such other duties as may from time to
time be imposed by the laws of the State, or by the resolutions,
orders and ordinances of the Common Council, and shall receive,
in addition to his annual salary, such fees for the performance of Fees.
the duties of the office, as are allowed to sheriff's or constables in
like cases, except where such fees are a charge against the city Assistants.
treasury. The Assistant Marshal shall have and exercise the same
powers as the Marshal, except as fence viewer, and as limited by
ordinances of the Common Council. [Act of 1869.]
(~ 76.) SEc. 14. The Recorder shall possess the same powers
Rec order,
and peform and discharge the municipal duties of Mayor during Powers and
the absence, inability, death, resignation or removal of the Mayor;
he shall also have power to hold a recorder's court, with such jurisdiction and powers as are hereinafter prescribed, and he shall have
the power, and may exercise the jurisdiction, in all cases arising
within the limits of the said city, which is now or may hereafter
be conferred upon the Circuit Court Commissioners of the State,
under proceedings for the collection of demands against ships, boats
and vessels, by chapter one hundred and twenty-two of the revised
statutes of the State, aud the amendments thereof; also in cases
of proceedings to recover the possession of land in certain cases
by chapter one hundred and twenty-three of said revised statutes
and the amendments thereof; also in cases of habeas corpus and
certiorari, to inquire into causes of detention by chapter one hundred and thirty-four of said revised statutes; and in the exercise
of such jurisdictions, shall be entitled to demand and receive the
same fees for the services so rendered, as are now or may hereafter
be allowed to Circuit Court Commissioners for like services; the
Recorder shall be entitled to a seat within the Common Council
for the purpose of deliberation, and of acting on committees, but 
CHA RTER OF THE CIT'Y OF EAST SA GINA W.
TITL,E IV.         OFFICERS:-THEIR RIGHTS, POWERS AND DUTIES.
shall have no vote therein except when performing the duties of
Mayor, according to the provisions of this act.  [Act of 1859.]
J usticeof  (~ 77.)  SEC. 15.  The Justices of the Peace of said city shall
t h e Peace,
Powers of.' file their oaths of office in the office of the clerk of the County of
Saginaw, and shall have, in addition to the jurisdiction conferred
by this act on them, the same jurisdiction, powers and duties con          ferred on Justices of the Peace in townships, and shall have con          current jurisdiction with the -recorder's court of said city, of all
actions brought for the recovery of any fine, penalty or forfeiture
imposed by this act or any ordinance of said city, where such fine,
penalty or forfeiture shall not exceed one hundred dollars, and
when there shall not be in addition to such fine, penalty or forfeit          ure, any imprisonment by such law or ordinance for the violation
thereof exceeding thirty days. [Act of 1867.]
Deueties and   (~ 78.)  SEC. 16.  It shall be the duty of the Justices of the
Fees. 
Peace of said city, to keep their offices in said city, and attend to
all complaints of a criminal nature which may properly come be          fore them, and they shall receive for their services when engaged
in cases for violation of the ordinances of said city, such fees as the
Common Council shall by ordinance prescribe.  [.At of 1859.]
To account  (~ 79.)  SEC. 17.  All fines, penalties or forfeitures, recovered
fmon rys a l before any of the Justices, shall, when collected, be paid into the
moneys,&.
city treasury; and each of said Justices shall report on oath to the
Common Council, at the first regular  meeting thereof, in each
month during the term for which he shall perform the duties of
such Justice, the number and name of every person against whom
judgment shall have been rendered for such fine, penalty or for         feiture, and all moneys by him received, for or on account thereof,
which moneys so received, or which may be in his hands, collected
on such fine, penalty or forfeiture, shall be paid into the said city
treasury on the first Monday of each and every month during the
time such justice shall exercise the duties of said office; and for
Penalty. any neglect in this particular, he may be suspended or removed, as
lay be sus- hereinafter provided.  [Act of 1859.]
pendead o r
removed.    (~ 80.)  SEC. 18.  Any  Justice of the Peace of said city may
be suspended or removed from his said office by the circuit
court of the County of Saginaw, for neglect or refusal to pay over
as required by law, any moneys by him collected for or on account
38 
CHARTER OF THE CITY OF EAST SAGINAW.
OFFICERS:-THEIR RIGHTS, POWERS AND DUTIES,             TITLE IV.
of any fine, penalty or forfeiture; or the unfaithful or insufficient
performance of his duties in relation to the internal police of the
State, or for any official misconduct, on charges specifically preferred, by said Common Council of said city or any member or
officer thereof, or by three electors of said city, founded on affidavit
filed in said circuit court, specifically stating the charges com
plained of, a copy whereof shall be served upon -him at least ten
days before presenting such charges to said court, and opportunity
shall be given him to be heard in his defense, [Act of 1859.]
(~ 81.)  SEC. 19.  In addition to the security now required by Security.
law to be given by Justices of the Peace, each of the Justices of
the Peace shall, before entering upon the duties of his office, execute a bond to the City of East Saginaw, with one or more sufficient sureties, to be approved by the Mayor or Recorder of said
city; which approval shall be endorsed on said bond, in the penalty of one thousand dollars, conditioned for the faithful performance of his duties as a Police Justice of said city, and to pay over
the moneys so collected, and make his report as in this act
required; which bond shall be filed in the office of the Treasurer
of said city. [Act of 1859.]
(~ 82.)  SEc. 20.  All dockets and office books, kept by the Docketsand
Justices of the Peace, shall at all times be subject to inspection
and examination by the Common Council, or any member or officer
thereof, and it shall be the duty of said Justices of the Peace to
produce such dockets and books at all times, whenever and wherever the said Common Council shall require or direct; and if they
shall neglect or refuse to produce such docket or office book as
directed and required, the Recorder may, on a proper application
to him for the purpose, make an order requiring the same to be
produced, and enforce obedience thereto in the, same manner in
which other orders made:by the recorder's court are enforced.
[Act of 1859.]
(~ 83.) SEc. 21. It shall be the duty of each Justice of the Unclaimed
Pr-op e rty,
Peace at the first regular meeting of the Common Council in each hpo iepros                                                                 ed of,and
of the months of August, November, February and May, in every accounted
for.
year, to account on oath, before the Common Council, for all such
moneys, goods, wares and merchandise seized as stolen property,
as shall then remain unclaimed in the offices of either of said
39 
CHARITER OF TIIE CITY OF EAST SA GINA W.
TITLE IV.      OFFICERS -THEIR RIGHITS, POWERS AND DUTIES.
Justices of the Peace, and immediately thereafter to give notice
for four weeks, in one of the public newspapers printed in the said
City of East Saginaw, to all persons interested or claiming such
property: Provided, always, That if any goods, wares, merchan          dise, or chattels of a perishable nature, or which shall be expensive
to keep, shall at any 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. [Act of
1859.]
Ibid.       (~ 84.)  SEC. 22.  It shall be the duty of each of the Justices
of the Peace aforesaid, who may recover or obtain possession of
any stolen property, on his receiving satisfactory proof of property,
from the owner, to deliver such property to the owner thereof, on
his paying all necessary and reasonable expenses, which may have
been incurred in the recovering, preservation or sustenance of such
property, and the expenses of advertising the same. [Act of 1859.]
Ibid.       (~ 85.)  SEsc. 23.  It shall be the duty of each of the Justices
of the Peace aforesaid, to cause all property unclaimed after the
expiration of the notice specified in the last preceeding section but
one of this act, money excepted, to be sold at public auction to
the highest bidder, unless the Prosecuting Attorney of the County
of Saginaw shall direct that it shall remain unsold for a longer
period, to be used as evidence in the administration of justice, and
the proceeds thereof forthwith to pay to the Treasurer of the said
City of East Saginaw, together with all money, if any, which
shall remain in his hands after such notice as aforesaid, first de         ducting the charges of said notice of sale.  [Act of 1859.]
Police Con:  (~ 86.)  SEC. 24.  The Police Constables of said city shali have
stables.
and receive the same fees, and have the like powers and authority,
in matters of a criminal nature, as is conferred by law upon con         stables in the several towns of this State, and shall, if required by
the Common Council, give like security, apd each  City Constable
shall possess the same powers and be under the same duties and
obligations as constables of townships, and shall give like security.
[.Act of 1859.]
Ibid        (~ 87.)  SEC. 25.  The  City Constables and Police Constables
shall obey the orders of the Mayor, Recorder and Aldermen, or
of any person legally exercising the criminal jurisdiction of a Justice
40 
CHAR TER OF THE CITY OF EAST SAGINA W. T
OFFICERS:-THEIR RIGHTS; POWERS AND DUTIES.                 TITLE rv.
of the Peace in said city, in enforcing the laws of the State or the
ordinances of said city, and in case of refuasal or neglect so to do,
he or they shall be subject to a penalty of not less than one, nor
more than twenty-five dollars. [Act of 1859.]
Criminal ex  (~ 88.) SEc. 26. The expenses Qf examining and committing penses paid
offenders against any  law of this State, in the said city, and of by county.
their confinement, shall be audited, allowed and paid by the Supervisors of the County of Saginaw, in the same manner as if such
expenses had been incurred in any town of said county. [Act of
1859].
(~ 89 ) Sxc. 27. The Common Council shall annually, at their Street Corm                                                                 m issioner,
third meeting in the month of April in each year, or as soon duties of.
thereafter as may be, appoint one Street Commissioner of said city,
who shall superintend the construction and repairs and cleaning
of all pavements side-walks, cross-walks, culverts, bridges, drains
and sewers, and direct the working, cleaning and improvement of
highways, streets, lanes, alleys, parks and public places in said
city, not otherwise provided for under the direction of the Common Council. l1 e shall keep an accurate record of all moneys
received and disbursed, and of all persons, together with the number of horses, carts and wagons employed  by him in the several
wards, and render, under oath, to the Controller, each week, a true
account of the time of each, and the expenses thereof, and the
fund or funds out of which the same are payable. The Street
Commissioner shall perform such other duties as may be required
by resolutioni or ordinances of the Common  Council, not inconsistent with the nature of his duties or the provisions of this act:
Provided, That nothing in this act contained shall be construed to
prevent the Common Council from paving, macadamizing, gravelimg, or otherwise improving or cleaning the streets, alleys, lanes,
parks or public places of said city by contract, in case the Common
Council shall decide to let such work to the lowest responsible
bidder. [,oe of 1869.]
(~ 90.)  SEc 28.  The Superintendents of the City Cemetery Cemmeteryi
Commislrs,.
or Cemeteries shall have care of the City Cemetery or Cemeteries
and all the grounds or other property belonging thereto, subject to
the ordinances and directions of the Common Council, they shall
make such improvements upon the property as they shall think
expedient, but shall not expend in any one year more than three
41 
42                CHARPi'ER OF I'HE CITY OF ~ASTl S4 GINA W.
TITLE IV.      OFFICERS:-THEIR RIGHTS, POWERS AND DUTIES.
hundred dollars, without the consent of the Common Council pre          viously obtained, and they shall receive no pecuniary compensation
for their services; and said Superintendents she,-l report quarterly
to the Common Council the amount expended by them in the im          provement of said property. [Act of 1859.]
to-neys and  (~ 91.)  SEC. 29.  The  Controller shall, as treasurer of the
Expenses.
Board, receive all moneys for lots which-shall be sold in said City
cemetery or cemeteries, and also all penalties collected for viola          tion of city ordinances in relation to such cemetery or cemeteries,
and shall pay, upon resolution of the board,  for improvements
made upon the grounds of the said cemetery or cemeteries, and
also the incidental expenses of the board, when the accounts for
said incidental expenses shall have been audited and allowed by
the Superintendents. LAc4et of 1859.]
Ibid.       (~ 92.)  SEC. 30.  The Controller shall pay over to the City
Treasurer all moneys which shall come into his hands as treasurer
the board of Superintendents of the city cemetery, which are
of not by this act appropriated. [Act of 1859.]
Annual Re-  (~ 93.)  SEC. 31.  It shall be the duty of said board of Superport.      intendents to publish an annual report in relation to matters com         mitted to their charge, in one of the newspapers printed in said
city, between the first and fifteenth days of March in each year.
[Act of 1867.]
Xchool In -  (~ 94.)  SEC. 32.  The  School  Inspectors of said city shall
pectors. perform such duties as are required by the laws of the State, and
the "Act to incorporate the Board of Education of the City of
East Saginaw," approved February 15th, 1859, and the acts amend         atory thereto: *Provided, The said Inspectors shall be required to
make and file with the Common Council on or before the third
Monday in March, in each year, a detailed report of all receipts
and expenditures of said board up to and including the last day
of February, in each year, and such statement shall be published
with and form a part of the annual statement of said city.
[Act of 1869]
(~ 95)  SEC. 33  The City Surveyor, Health  Physician, Fire
Duties orf Wardens, Common Criers, Pound Masters, Inspectors of fire wood
Survey or,
Physician, and Weigh Masters, shall perform such duties, and if required,
This Proviso repealed by act of 1869. 
CHARITER OF I'HE CITY OF EAST SAGINA W.
OFFICERSP:-THIEI RIGHTS, POWERS AND DUTIES.            TITLE IV.
shall file such securities as the Common Council shall by ordinance
direct.
(~ 96.)  Sec. 34.  The Common Council shall annually, at their Salary of of first regular meeting in the month of May,  or as soon  thereafter fdler, wheto
and how to
as may be, determine or fix the salary or compensation to be paid be fixed.
to the several officers of said city, and they may also, from time to
time, establish fees and compensation for all officers appointed by
them, whose fees or salary are not prescribed by law, and whose
compensation for services is required to be paid out of the city
treasury. [Act of 1869.]
(~ 97.)  SEC. 35.  The Collector of each Ward shall collect all ocolletors
State and County taxes assessed and imposed  upon the real and
personal property of the Ward, and such city, highway, sewer and
school taxes, and all such special taxes as may be, from time to
time, levied by the Common Council for the improvement of streets,
the construction of sidewalks, or any other purposes authorized by
this act or the laws of this State, as may be placed in his hands
for collection by the Controller or other proper officer of said city,
and the warrant of the Controller of said city shall confer full Power of
power  and authority upon said Collector to collect, by  levy and Warrant.
sale, all taxes set forth upon any copy or transcript of any general
or special roll and so placed in his hands, the same as warrants
made by supervisors of townships, under the laws of this State.
All such Collectors shall give receipts for all taxes collected by Receipt,.
them, and mark the same paid upon the proper rolls, and shall pa  Pay   over
over all moneys in their hands, belonging to the city, to the city moneys.
Treasurer, on Monday, of each week, and deposit with the Colntroller a detailed  statement  of all collections  and  a receipt
from the Treasurer for the same, and shall make due returns of all
rolls, and the uncollected taxes thereon, as required by  the war- Return of
rant of the Controller and the provision of this  act and the laws Warrant.
of the State:  Provided,  The  returns of all State  and  County
taxes, and the uncollected taxes upon the city tax rolls shall be
made direct to the County  Treasurer of Saginaw County, as required by law; and a copy of the returns of all such city taxes,
with a receipt from the City Treasurer for all moneys due on the fiC'Py totbe
filedf w it 
same shall also be filed with the Controller by the Collector, with- Controller.
in ten days after the time specified in the warrant for the return
4.-, 
CHA ARTPER OF THE CITY OF EAST SAGINAW.
TITLE IV.      OFFICERS:-THEIR RIGHTS, POWERS AND DUTIES.
Bonds.    of said roll.  Each of said Collectors shall give bonds to the city
of East Saginaw, in such amount and with such sureties, as the
Common Council may require, in a sum not exceeding twice the
amount of the taxes placed in their hands for collection; and the
Controller or Common Council may require additional bonds,
Fees from time to time, as the public interests  may require.  For the
Fees.
collection of all city taxes and special assessments, said Collectors
shall be entitled to receive the sum of four per cent, upon all
moneys actually collected and paid into the city treasury by them,
which amount shall be paid by the city Treasurer to said Collector
upon the certificate of the Controller that the Collector has fully
complied with the requirements of his warrant and the provisions
How Bonds of this act. The bonds required by the city from Ward Collectors
shall be discharged.   shall be deposited with the Controller; and whenever final settle          ment is made with such Collector, the Controller shall endorse the
same upon said bond, which endorsement shall operate as a full dis
charge of said Collector and his sureties, unless it shall afterwards
appear that the returns filed by said Collector, in whole or in part,
were false, in which case such bond shall continue in force; and
F a I e Re- such Collector and his sureties shall be liable therefor for all damturns.    ages occasioned by such false returns.
Vaca n ey   In case any person elected  as Ward  Collector shall  refnse to
provided for serve, or shall die, resign or remove out of said city before he shall
have entered upon, or completed the duties of his office, or be dis         abled, from any cause, from completing the same, the Common
Council shall forthwith appoint a Collector for the remainder of the
year, who shall give like security, and be subject to like duties and
penalties, and have the same powers and compensation as if regu         larly elected to said office of Collector, and the City Clerk shall
Clektoieve immediately give notice of such appointment to the County Treas         urer of Saginaw County; but such appointment shall not operate
to discharge or exonorate the former Collector, or his sureties,
from any liability incurred by him, while acting as Collector:
Proviso. Provided, Nothing in this act contained shall be construed to pre         vent the giving of bonds to the County Treasurer, which bond shall
be approved, as required by law.
(~ 98.) SEc. 36. The Director of the Poor shall perform such
Dierctor of duties as are imposed by law upon such officers in townships, and
such other duties as may be imposed by ordinance. All expendi
44 
CHARTER OF THE CITY OF EAST SAGINAW.                                   45
OFFICERS:-TIITHEIR RIGHTS, POWERS AND DUTIES,           TITLE IV.
tures of money, and all accounts made by him. shall be duly certified under oath, to the Controller, as often, and in such manner,
as the Common Council may require., LAct of 1869.]
(~ 99.) SEC. 37. The Mayor, Recorder and Aldermen of said Administer
Oaths, tic.
city, the City Clerk, Clerk of the  Recorder's Court and Control- Oaths, &
ler, are authorized generally to administer oaths and take affidavits,
but neither of such officers shall receive any fees therefor, except
the clerks.  The Controller shall have power  to take acknowledg
ments of deeds under the laws of this State, and to certify copies
of all papers in his office, and receive the legal fees therefor.
[Act of 1869.]
(~ 100.)  SEC. 38.  Whenever any officer shall resign or be re- deOfficers to
deliver to
moved from office, or the term for which he shall have been elected their succes                                                                   sors all
or appointed shall expire, he shall on demand, deliver over to his books, &c.
successor in office, all the books, papers, moneys and effects of said
corporation in his possession or custody as such officer, and in any
way appertaining to his office; and every person violating this
provision shall be deemed guilty of a misdemeanor, and may  be Penalty
proceeded against in the same manner as public officers generally
for the like offense under the general laws of this State, now or
hereafter in force or 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 this State. [Acto
of 1869.]
(~ 101.)  SEC. 39.  In addition to the rights, powers, duties and Additional
Rights and
liabilities of officers prescribed in this act, all officers, whether Duties.
elected or appointed, shall have such other rights, duties,
powers or liabities, subject to and consistent with the provisions of
this act, as the Common Council may deem expedient, and shall
prescribe by resolution, by-laws or ordinance. [Act of 1869.]
(~ 102.)  SEC. 40.  If any officer of the corporation  shall, di- Malfeasanoe
rectly or indirectly, appropriate or convert any of the moneys,
securities, evidences of value, or any property whatsoever belonging
to the corporation, to his own use, or shall knowingly appropriate
or convert the same to any other purpose than that for which such
moneys, securities or evidences of value, or property may have been
appropriated, raised or received, he shall be deemed guilty of willful and corrupt malfeasance in office, and may be prosecuted, tried
a vide Sec. 1; Title 8. 
CHARTER OF THE CI['Y OF EAST' SAGINA W.
TITLE IV.          OFFICERS -THEIR RIGHTS, POWERS AND DUTIES.
Penalty.   and convicted therefor, and on conviction, may be punished by fine
not exceeding one thousand dollars, or imprisonment in the State
prison or the jail of Saginaw County, not to exceed one year, or
by both such fine and imprisonment, in the discretion of the court.
[Act of 1869.]
46 
CHARTER OF THE CITY OF EAST SAGILYVA W.                      47
TAXES, FUNDS, REVENUES AND EXPENDITURES.            TITLE V.
TITLE V.
TAXES, FUNDS, REVENUES AND EXPENDITURES.
SECTION.
1. Common Council authorized
to levy and collect Taxes;
Division of funds.
2. Limits amount to be raised.
3. Appropriates moneys received
fr-om licenses, permits and
fines to Poor Fund.
4. Time and manner of Council
to determine amount of Tax
to be raised.
5. When Assessment Roll to be
completed.
6. Board of Review;  Notice;
powers and duties of.
7. Tax(es; how assessed; duties
of Assessor, &c.
8. Treasurer to collect; penalty,
9. Colle(tio;  Power of the war     rant L oe the
10. School  Money;  how  paid
over.
SECFTION.
11. Taxes; when a charge against
person aond when  lien  on
real estate.
12. Assessment  Roll  for State
and County purposes.
13. Common  Council  may bor     row money and issue bonds
as herein provided.
14. Limitation of expenses and
expenditures.
15. Basis of  Assessment;  Ex     emptions.
16. Sinking Fund provided for.
17. Money not to be drawn tfrom
Treasury without previous     ly appropriated by Council.
s18. C o I n c i  to  Appropriate;
Claims to be verified; want
of affidavit a bar to suit;
'Cotllacts.
19. The p ublic faith pledged to
redeem Bonds.
20. The Electors mav vote tax to
constract Public Buildings.
(~ 103.) SEC. 1. The resources and moneys of the corporation Powe r to
le~vy and colshall be controlled by the Common  Council, as herein provided; lectYTa   es
and control
and the said Common  Council is hereby vested with the power to resources of
the city yeorder assessments, direct the levying of taxes thereon, and provide ted in tvh e
Council.
for the collection of the same, under the provisions and restrictions
in this act contained; and all assessments, taxes and revenues of
said corporation shall be paid into and form a part of one of the
following named funds, viz:
1st. General Fund, which shall be appropriated to defray the FGe nd e r a 1
Fund.
expenses of the City of East Saginaw, for the payment of which,
out of some other fund, no provision is herein or otherwise made.
2d.  Highway Fund, to defray the expenses of repairing paved, Highway
Funa. 
CHARITER OF THE CITY OF EAST SAGINAW.
TITLE V.         TAXES, FUNDS, REVENUES AND ExPENDITUIRES.
graded, planked and improved streets, and for the construction and
repair of crosswalks, bridges, drains, culverts, the cleaning of
streets, sidewalks, drains, parks and public places, and such other
general highway purposes as the Common Council may direct.
Fire Dep't  3d.  Fire Department Fund, which shall be appropriated to deFund.
fray the expense of purchasing lots, erecting engine houses thereon,
purchasing engines and other fire apparatus, paying the regularly
appointed firemen of the city, and all other expenses incident and
necessary to the maintenance of the fire department of said city.
si n k in g   4th.  Sinking Fund, to redeem the bonds  and pay  the funded
Fund.
debt of the city.
I n t er est  5th.  Interest Fund, to pay the interest on the funded debt of
Fund.
the city.
Sewel Fund   6th.  Sewer Fund, to defray the expenses of building, repairing
and maintaining the public sewers of the city, and for paying the
interest and principal of bonds, issued by the corporation for sew         erage purposes.
Poor Fund.   7th.  Poor Fund, to defray the expenses of providing for and
taking care of the poor of the city.
S i d e walk 8th. Sidewalk Fund, to defray the expenses of constructing
Funds.
sidewalks in said city, as provided in title six of this act.
ru,ueedt.Imp't  9th.  Street Improvement Funds, to be assessed, levied and col         lected as hereinafter provided in title six of this act.
O t h e r    10th.  Such other  Funds as are herein provided for, or as the
Funds.
Common Council may constitute for special purposes, not incon         sistent with tthe provisions of this act, not to be taken from any
of the funds above provided for, excepting the general fund
[Act of 1869.]
Tax may be  (~ 104.)  SEC. 2.  For the purpose of defraying the ordinary
levied.    expenses and liabilities incurred by said city, and paying the same
General Ex- the Common Council may raise annually, by tax levied upon the
penses.    real and personal property within said city, for the general fund;
such suli as they may deem necessary, not exceeding one and one         haif 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 the levying
of such tax; and the Common Council may, in addition thereto,
.i9phwa Y levy such sum, not exceeding three-fourths of one per cent. of the
P'urposes.
48 
CHARTER OF T'IE CITZY OF EAST SAGINA W.
TAXES, FUNDS, REVENUES AND EXPENDITURES.              TITLE V.
valuation of the preceding year, as they may deem necessary for
highway purposes, to be paid into the highway fund; and the
Common Council may also, in addition to the above, levy such
Eqxpenses of
sum, not exceeding three mills on the dollar of the valuation of Fire Dep't
the preceding year, as they may deem necessary for defraying the
expenses and making improvements in the fire department, to be
credited to the fire department fund, and which shall be raised,
assessed and collected on the same roll and in the same manner
as the other city taxes.  If the said Common Council shall deem A d d itional
it expedient for the purposes of the city, to levy a larger tax than Tax meday be
voted by the
is allowed by this section, they may, by giving ten days notice, by citizens.
publishing the same in a newspaper published in said city, and
posting a notice thereof in three public places in each ward 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 levying or collection of the other taxes mentioned in this
act:  Provided, That no person shall vote at such meeting who is
not an elector in said city. The Mayor of said city shall preside Proviso
or in his absence, the then acting Mayor shall preside at such
meeting; and in the absence of both the Mayor and Recorder, the
electors present may select one of their number to preside at such
meeting.  [.Act of 1869.]
(~ 105.) SEC. 3. The moneys assessed by the Comminon Council
[, i e e n c es,
under the authority of this act, for licenses and permits, and all &c., to go to
Poor Fund.
fines imposed for the violation of the ordinances of the city, ex
cept as herein otherwise provided, shall be paid into and constitute
the Poor Fund of said city.  And in case of any deficiency in said
fund, the Commlon  Council shall have power, and it shall be their provided for
duty to appropriate from the general fund and transfer to the poor
fund, such sum or sums as may be necessary for the proper care
and keeping of the poor of said city.a  [Act of 1869.]
(~ 106)  SEc. 4.  It shall be the duty of the Common Council,
on or before the first day of June in each year, to determine by Council t o
resolution the amount necessary to be raised by tax for city pur- detenrminto
poses within said city for such year; and it shall be the duty ofberaised
Duty  of
aVide Title 8, Sec. 6.                                            C(lerk.
49) 
CI ARTLS'- OF TIfE CI'Y OF EAST SA GINAT 1VT
TITILE V.         TAXES, FUNDs, REvNE,UES AND EXPENDITURES.
the City Clerk to certify thie amiount so to be raised to the AssesDuty of tle sor, andl it is hereby made the duty of the Assessor of said city to,
Assessor.
levy the sum so certified, and such other taxes as may be required
by law, upon the taxable property of said city, in the samie manner
as specified in section seven of this title.   [4ct of 1869.]
W h.en Roll  (~ 107.)  SEc. 5.  The  Assessor  of  said  city  shall  cointo be completed    plete his atnnual assessmenit of all the taxable property in said city,
on or before the fourth Monday in May, and  upon the completion
thereos, shall file a notice thereof with the City Clerk, who  shall
report the samte to the Commion Councii  at their next mlleeting.
[Act of 1869.]
Board of
R-eview.
lReview.    (~ 108.)  SEc. 6.  The Assessor, City Attorney  and SuperviDuties and sors of said city shall constitue a Board of Review, five of whom
Powers o f
Board.   lshall constitute a quorum.   They shall elect one of their number
Chairman, and the Assessor shall act as Secretary of the Board.
They shall have power, and it shall be their duty to examine said
assessment and correct any errors found therein, and on cause
shown, to reduce, equalize, or increase the valuation of any property
found on said rolls, and to add thereto any taxable property iT
Time and said city that may have been omitted, and to value the same.
Pleat cge of They shall meet at such time and place as shall be appointed by
meetinrg. 
the Commono   Council, of which  timei and p1iac( lotice  shall  be
given by the Clerk of said Coui:tcil at least ten days prior to tlhe
tile of meeting, by publishing a nIotice thlereof in some llnewspaper
Si      published in said city, and also by posting the same in three pul)_
Session of
Board.    lie places in each ward of said city, and shtiall continue in sessionl
at least three days successively, and as much longer as nmay be
necessary,  at least six hours in each day, during said three drays
and any person desiring so to do, may examine his or her assess         ment on said rolls, and may show cause,'if any, why the valuatio,ni
thereof should be changedt, and the said board shall decide  the
same, and their decision shall be final.  The concurrence of It
majority of a quorum of said board, shall be sufficient to decide
Xy admin- any question of altering or correcting any assessment complained
ister  Oaths. of; and the members of the board shall have the power to ad         minister oaths and examine witnesses, as provided for Supervisors
of Townships, by the general laws of this State. The said board
i,-) 0 
CIIHARIER OF TFI'E CL'0' OF E AST SAGIN-A IV.
TAXES, FUNDS, REVENUES AND EXPENDITURES.                   TITLE V.
shall keep a record of their proceedings, and all changes made by Record(
them in said rolls, and their record shall be signed by a majority
of said board, and deposited with the City Clerk.  [Act of 1869.]
(~ 109.)  SEc. 7.  The said Assessor shall deliver the assess- Assessor to
spread taxes
meient roll to said board of review at their first meeting, and after on Rolls.
the same  shall be  confirmed by resolution of said board, to be
entered on their records, the said assessor shall again take such
roll into his possession, and cause the amount of all taxes, in dol lars and cents, authorized to be assessed and collected in each year,
to be ratably assessed to each person named  on lots described
upon, anid according to the aggregate valuation such person or
lots shall have been assessed in said assessment roll, or book pre pared as herein provided for that purpose, to be known as the an nual tax roll of said city, in separate columns, showing the amount
of highway, school, sewer and other city taxes assessed according
to this act, to each person or lots in each year, and when said rol1
has been completed, and footed and balanced, which shall be on or
before the first Monday in July. the said Assessor shall deliver When to be
o m p leted
said assessment roll to the controller, who shall make entry of the and deliver                                                                    ed to Consame, and of the totals of all taxes assessed thereon, on the books troller.
of his office, and the said Controller shall within one week thereaf- Dutie "Iof
Controller
ter, deposit said roll with the City Treasurer, with an order for its rd Treasu                                                                    rer.
collection, as hereinafter provided, and the Treasurer shall give a
receipt therefior, aid be charged therewith,  and shall thereupon
and thereafter  receive the taxes assessed thereon as hereinafter
directed.  And for all taxes and assessments on said  roll not collected by said Treasurer, such proceedings shall be had for their
col-Ilection and return as is in this act provided.   [4ct of 1869.]
( 110.)  SEc. 8.  Upon  the receipt  of the  tax-rolls by the When taxes
'     t o becomo
Treasurer, as hereinbefore provided, the taxes therein stated shall d u e a  4
payable.
become due and payable, and the Treasurer  shall forthwith, uponi Treasurer to
receiving said tax-roll, give public notice by publication iii one or give notice.
more papers in said city, and by posting the same ill at least six
What is o -
public places in each ward of said city, which notice shall be at tiene shall
conta~in.
sufficient demand for the payment of all taxes upon said rolls
Such notice shall set forth that the said rolls have been deposited
with him for collection, and  that payment  of the taxes therein
specified may be made to himi at any time before the last Saturday
51
L  
5)           CHi.4ARTFR OF THE  CITI' OF EAS'T SAGINA  TV.
TITLE V.       TAXES, FUNDS, REVENUES AND EXPENDITURES.
in December thereafter; that no addition will be made to taxes
paid before the first day of August next thereafter, but that an
addition of one per cent. of every unpaid tax will be made there         to, on that day, and like addition of one per cent. every thirtieth
day thereafter, until such addition shall amount  to six per cent.
Duties of
the Treasu- And said Treasurer shall thereupon receive all taxes paid to him
rer.
according to the terms of said notice, except as to such taxes as
are assessed upon property other than real estate hereinafter men         tioned and specified, and provided for, adding thereto, on the first
day of August, one per cent. of every such tax or assessment then
unpaid, and an additional one per cent. thereto every thirtieth day
thereafter, until the last Saturday in December.   Upon the receipt
of any tax, the Treasurer shall mark the same paid upon the pro         per tax roll, adding after the word "paid," the day and month
when so paid, and shall in all cases give a receipt for the tax or
taxes received, to the party paying the same. On the Monday
succeeding the last Saturday in December, the Treasurer shall re         turn the said tax-roll  to the Controller, who shall give him a
receipt for the same, and credit him with the amount of taxes on
Duties of said roll, unpaid; and the Controller shall thereupon make out,
Controller.
in duplicate a copy  of all assessments, and of the unpaid taxes
thereon in each ward, which shall be a substantial transcript of
such portion of the original tax rolls as relate to the unpaid taxes,
adding six per  cent. to the amount of each tax or assessment so
unpaid, and exhibiting the original tax, and in the last column,
the tax as augmented by the per cent. hereinbefore provided; one
copy of said duplicate transcript shall be for record in the Con         troller's office and the other for the use of the proper Ward Col         lector to collect the same; and the Controller shall attach  a
warant thereto and deliver the samue to the proper Ward Collector,
Deliver aoll who shall receipt for and be charged with the same, and said wara n d Warrant to Collector Co- rant shall command said Collector to collect the amounts due upon
D U t y o f said rolls or transcripts of the alnnual tax roll, in the same manner
Collector.  as State and County taxes are collected, and to make return of the
same to the County Treasurer of Saginaw County, as required by
the general laws of this State, now, or hereafter in force for the
collection and return of taxes by Township Treasurers; and said
fax on Per- Collector shall make a duplicate return of all uncollected city
bonal P r o -
perty.    taxes to the Controller, as hereinbefore provided;  but the Common 
C[ART~FI  OF THE  CITY OF h,AST SAGILYA W.                          53
TAXES, FUNDS, REVENUES AND EXPENDITURES.                  TITLE V.
Council may, by resolution, direct the Controller, at any time after
the first day of August in each year, to make out transcripts or
copies of any taxes remaining due and unpaid on said assessment
roll, for each ward, and which are assessed wholly or partly
against ally property or value other than real estate, together with
such percentage as shall be fixed by the Common Council, as compensation for the collection of such taxes or assessments, and to
be stated in such rolls, and warrants shall be issued and annexed
to each tax or assessment, signed by the Controller, and under the
corporate seal of the corporation, directed to the proper Ward
Collector, and made returnable upon such day as shall be designated by the Common Council, commanding him to collect from the
persons named in the said transcript rolls the assessment and
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, wherever the same may be found within the
limits of said city, and to pay over and account for the taxes or
assessments thus collected, as herein provided. The Controller Credits.
shall credit the Treasurer with the amounts of the taxes or
assessments upon which warrants may be issued by order of the
Common Council, and charge the same  to the Collector to whom
the same is delivered, and take a receipt therefor. Warrants for
the collection  of taxes, in the hands of the Collectors, may be Warrants
r    enew                   e    d and extended by the Common         Council frol time to time tenY be exbut the time of the payment of any general tax shall not be ex- renewxed.
tended beyond the time for the return of the State and County
taxes, as fixed by law. [Act of 1869.]
(~ 111.)  SEC. 9.  By virtue of the warraLts by  this act au- Powers 0of
Warrant.
thorized to be issued by the Controller, the several Collectors to
whom they may be respectively directed, shall have power to levy
upon the personal property of persons from whom taxes may be
due, wherever the same may be found within the limits of said
city, and shall sell the same, in the same manner  and with the
same duties and powers of proceedings as now or hereafter may
be provided by the laws of this State. for the collection of State
and County taxes by Township Treasurers or Collectors.   [Act
of 1S69.] 
CILARTb,'R OFp THLI' CII'Y OFP EAS'  SA GINA T.
TITLE V.            TAXES, FUNDS, REVENUES AND EXPENDI)ITURES.
Tpaeyaevto  (~ 112.)  SEC. 10.  The City Treasurer shall  pay over to the
Schoolemen- Board of Edu-ation, all moneys belonging to the school  fui,d at
eys weekly.
least once in each week, taking duplicate receipts therefor, one of
which shall be filed with the Controller; he shall  keep a separate
Percentage. account of all moneys received for percentage in excess of the tax
stated upon the several tax rolls, which amounts shall be exhibited
in his weekly statement to the Controller, and which shall be
credited to the interest fund.  [Acet of 186(9.]
When Tax   (~ 113.)  SEc. 11.  The taxes assessed for  city purposes upon
tibecme aany real estate of any  resident or  non-resident,  and  all legal
lien.
charges made thereon, shall be a tax against the person owning the
same, on the first Monday of July, and shall be a lien on said real
estate from the fifteenth day of November, of the year in which such
tax was assessed. LAet of 1869.]
(~114.) SEC. 12. When the annual assessment roll shall have
Tax Roll for
State and been examined, corrected, equalized and confirmed by the board of
County pur-  
poses.     review, as provided in section six of this title, it shall be the duty
of the Assessor to make copies of said rolls, by wards, as finally
confirmed, and certify to the same, and retain the same until after
the equalization thereof by the Board of Supervisors of Saginaw
county; and said rolls are hereby determined and made the assess         mnent rolls of the several wards of said city, for State and County
purposes, upon which the Assessor shall ratably assess the State
and County taxes certified to him from the board of supervisors
of Saginaw county, adding thereto four per cent.  foi collector's
fees, a at the same time, and in the same mnianner as township
supervisors are or may be by law required to do; and when said
rolls sh)all be completed, footed and balanced, the assessor shall
deliver the sanme to the controller of said city, who shtall annex
thereto, a warrant authorizing  and commanding the collection of
the taxes thereon assessed, and  the returns  to  be  made to the
county treasurer, itn all respects as the same is or may be by law
required in warrants of township treasurers, for the collection of
taxes in the townships of this State.  [Act of 1869.]
C o in m on (~115.) SEc. 13. For public improvenients and building school, ouncil
ma-y borrow houses and other public buildings in said city, the common council
money.
may, if thereto authorized by a vote of the electors of said city, as
provided in section two, title five, of this act, borrow on the faith
Note a See Amendled  Tax Law 18(9.
54 
C,ItARTE,R OF 2fIE CUTI' OF FA487T?AG,~NA  1V.
TAXES, FUNDS, REVE-NUES AND EXPFENDInTUiES.              TITLE V-.
of the city, a sum  not exeeedind  one hundred and twenty-five Limit of
u                                amount and
thousand dollars, for a term not exceeding twenty years, at a rate termis.
of interest not exceeding ten per cent. per annium, payable annual  ly, and for that purpose mAay issue  bonds of the  city, signed by Issuebonds.
the Mayor and Clerk, and countersigned by the Controller, and in
such forms and sums, not exceeding iil the aggregate the said sum
of one hundred and twenty-five thousand dollars, as the said Cornm  imon Council shall direct; and such bonds shall be disposed of un-  ow dis                                                                     H ow d is  der the direction of the Commion Council  of said city, upon such posed of.
terms as they shall deem advisable, but not less than their par
value, and the avails thereof shall be applied only for the purpose
of public improvement and building school-houses and other public
buildi-gs in said city.  But the Common Council may  issue new'o m mon
bonds for the refunding of bonds  and other evidences of debt, rcoay.re-issue
Bonds for
already issued, not exceeding twenty-five thousand dollars, in any certain pur one year, and for a term not exceeding twenty years, at a rate of poses.
interest not exceeding ten per cent. per annum, to be sold as above
provided, the proceeds to be applied solely to paying existing iii
debtedness: Provi'ded, The aggregate of bonds issued under author ity of this section shall not at any one time, exceed the sum of
one hundred and twenty-five thousand dollars.  [A4ct oj 1869.]
L i m itation
(~116.) SEC. 14. It shall not be lawful for the Commono Coun- Loi emitxpatenses
t o Annual
cil, except as herein otherwise provided, to borrow any money or Receipts.
authorize the creation of any liability or indebtedness against
said  city in any one year, exceeding ill the aggregate the amount
which by this act may be raised by tax for such year, and in case
any sum  or sums of money shall be borrowed by said Common
Council in any one year, oi the said Common  Council, or any
(fficer thereof, shall enter into any contract or contracts for tile
payment of money binding  upon said city, the same shall be paid
out of tihe sums raised by tax for such year, if the payment there
of is not otherwise provided, and all sums of money borrowed  by
said city shall be applied to the purposes for which the same was
borrowed, and for 11o other purpose whatsoever, but noting il this
act contained shall be construed to prohibit said Coimmon  Counci1
from making  assessments and levying and collectiing taxes for the
purpose of local improvements.   [4ct of i865.]
(~117.)  Adz  1l5.  All sums of money directed to be raised  y Basie ofAs
the  Commioni   Council, except  as in this act otherwise provided,
,1-15 
CHARTFIR OF THE CITY OF EAST SAGINAW.
TITLE V.        TAXES, FUNDS, REVENUES AND EXPENDITURES.
shall be assessed upon all the real and personal estate in the said
city, according to the valuation of the same as from the valuation
thereof by the last preceeding assessment rolls filed in the office
of the City Clerk; but no real or personal property which shall
Exemptions be exempt from taxation by the general laws of this State, nor
any public square, park, or other public ground, shall be assessed
for the ordinary city or county taxes. [Act of 1865.]
Sink ing   (~118.)  SEC. 16.  Whenever by the provisions of this act the
Fund; how
1     e v i e d, Common  Council shall be authorized to issue city bonds for the
raised and
collected  payment of any sum or sums of money, the said Common Council
shall thereupon have the power to create a sinking fund for the
payment of the interest as it falls due, and the extinguishment of
the principal at the expiration of the time limited for the payment
thereof, which fund shall be raised by a direct tax, which shall not
exceed in any one year one half of one per cent. on the dollar on
the valuation of the real and personal property within said city,
and which shall be levied and collected in the same manner as the
ordinary city taxes are levied and collected, but shall be put in a
separate column in the tax roll, and when so collected, the same
shall be applied to the credit of such sinking fund, for the purpose
of paying off the principal and interest of the debt so created, as
the same becomes due, and for no other purpose; and the fund so
raised shall be securely invested in stocks of the United States or
of this State, and said sinking fund shall not be used or borrowed
for any other purpose than that for which it was raised. [Act of
1867.]
Money not
to be drawnt (~ 119.) SEC. 17. No money shall be drawn from the City
from Treas-Tet   h
ury excapt Tre asury unless it shall have been previously appropriated to the
bry ap'es,cept 
byaprion~pri purpose for which it shall be drawn; and all ordinances, resoluation.
tiors and orders directing the payment of money, shall specify the
object and purposes of such payment, which shall be certified by
the Clerk, and countersigned by the Controller, before the same
shall be paid by the Treasurer. [Act of 1865.]
Common   (~ 120.)  SEC. 18.  The Common  Council shall possess the exhave excnlu- elusive power to appropriate moneys, and authorize the payment
sive power
to appropri- of claims and accounts chargeable against said corporation; but
ate money.
no unliquidated account or claim shall be allowed or received for
audit by the Common Council or the Controller, unless it be ac
56 
CHARTER OF THE CITY OF EAST SAGINAW.                                57
TAXES, FUNDS, REVENUES AND EXPENDITURES.                  TITLE V.
companied by the affidavit of the person rendering it, or some  lquids,hoated
lliq lu idated
person acquainted with the facts, to the effect that he verily believes and audited.
that the services or property therein charged, have been actually performed or delivered to the city; that the sums charged therefor, are
reasonable and just, and that to the best of his knowledge and belief,
no setoff exists nor payment has been made on account thereof, except
such as are included, or referred to in such account or claim. It
shall be a sufficient bar or answer to any action or proceeding in
any court for the collection of any demand or claim against said
city, that it has never been presented to the Controller or Common
Council for audit and allowance, or if so presented, was rejected for
want of such affidavit, or that the action or proceeding was brought
before the Common Council had a reasonable time to investigate
and pass upon it. All amounts due upon contracts shall be
audited according to the terms thereof, without unreasonable delay, but on the final settlement thereon, the contractor may be
required to make the affidavit herein provided for, as in the case
of other accounts. [Act of 1869.]
(~ 121.) SEC. 19. The faith and property of the City of East Public faith
Saginaw, shall remain pledged for the final payment of all bonds pledged.
issued and all moneys borrowed by authority of or in accordance
with this or any other act of the Legislature of this State.
[Act of 1869.]
(~ 122.)  SEC. 20.  The Common Council may, whenever there- EIaec toorte
m a y vote
to authorized by vote of the electors of the city as provided in tax fou
lie buildings
section two of this title, levy such tax in any one year or succession of years as the electors of said city, shall authorize, for the
purpose of constructing a city hall, court house, prison, work-house
or alms-houses.   [Act of 1869.] 
CHARTER OF THE CITY OF EAST SA GINA W.
STRIEETS AND PUBLIC IMPRO VEMENTS.
TITLE VI.
OF STREETS AND PUBLIC IMPROVEMENTS.
1. Powers of the Common Coun     cil over streets, &c.
2. Manner of commencing Pro     ceedings  to  take  private
property.
3. Notice to be given.
4. Attorney, duty of; to appear.
5 to 9. Jury to be called, &c.
10 to 15. Jury; duties and pow     ers of the
16. Confirmation of report.
17. Basis of objections.
18. Proceedings in Court.
19. Provides for new Jury.
20. Disability of Juror.
21. Right of Appeal.
22. Duty of City Clerk in appeal.
23. Proceedings on appeal.
24. If remanded for correction.
25. In case of amendment. 
26. Confirmation; to be final.
27. Decision to be filed with City
Clerk.
28. Assessments; to whom paid,
&c.
29. Common  Council shall pay,
&c.
30. When title to vest in city.
31. When  property taken is en     cumbered.
32. Marshal, duties of, &c.
34. General Powers of Council
as Highway Commissioners
over streets, &c.
35. Powers to construct sewers,
pavements, &c.
36. To discontinue streets, &c.
37. Proceedings when  improve    ments are to be assessed on
o8. Order for improvement; how
made; what to contain; es     timate of expenses, &c.
39. Assessment; how made.
40. Assessor: duties of
41. Assessment Roll to be filed,
&c.
42. Public Notice to be givenl.
43. Complaints; Correction; Col    firmatio        n of Roll.
44. T ax        a l egal charge; how col    lected,                 &c.
45. Occupant or Tenant  liable.
46. Right to recover.
47. Agreements  not       affected.
48. Excess o f Tax; how disposed
of.
49. Deficiency: how supplied.
50. "Public Improvemente;" how
construed; Record not to
be void; construed favora     bly; litigant to give secuiri     ty, &c
51. Side Walks; general provi     sions as to, and repairs of
52. Orders and Ordinances; how
enforced.
53. May assess non-residents.
54. Assessments for drains, &c.
55. Collection of Assessments.
56. Sale of Personal Property by
Collector.
57. Owner or Agent may make
improvement.
58. Re-assessments; when may
be made; manner of mak     ing; when tax has been
once paid; legal effect of:
how collected.
Power of
the Council   (~ 123.)  SEC. 1.  The Common  Council of the  City  of East
over the
P u b I i c Saginaw shall have full power to lay out, establish, open, extend,
Streets.
5T
TITLE VI.
SECTION.
SECTION.
i
!
i
property benefitted. 
CHARTER OF THE CITY OF EAST SAGINAW.                                 59
STREETS AND PUBLIC IMPROVEMENTS.                  TITLE IV.
widen, straighten, alter, close, fill in or grade, vacate or abolish any
highways, streets, avenues, lanes, alleys, public grounds or spaces
in said city, whenever they shall deem it a necessary public inm provement, and private property may be taken therefor; but the
Proceedings
necessity for using such property, the just compensation  to be when pri                                                                    vate proper made for the same, shall be ascertained by a jury of twelve free- ty is taken.
holders residing in said city, and it shall be and is hereby made
the duty of the Common  Council, within two years after this act
takes effect, —to establish and fix the grades for all streets in said
city, and to have the same recorded in a book to be provided for
that purpose, which book shall, at all times during reasonable hours
be open to the inspection of all persons in said city.  [Aot oy 1859]
(~ 124.)  SEc. 2.  Whenever the Common Council shall deem  c hl u nle i r
shall declare
any such improvement necessary, they shall so declare by resolu- b y resolu                                                                   tion.
tion, which shall be drawn by the Attorney of the corporation,
and said resolution shall describe the contemplated improvement;
and if they intend to take private property therefor, they shall
declare such intention, and describe such property in said resolution, with particularity  sufficient  for  an  ordinary conveyance
thereof, and further declare that they will, on some day to be
named in said resolution, apply to the Recorder's Court of said Application
city, for the drawing of a jury to ascertain the necessity for using for a Jury.
the property intended to be taken, if it be intended to take any
for such improvement, to ascertain the just damages and compensation which a-y person may be entitled to if such intended inmprovement be made, and to apportion and assess such damages and
compensation to and upon all lots, premises and subdivisions thereof, which will be benefitted by such improvement, and the time to
be named for applying to said court shall be on a day subsequent
to the required publication of said resolution.  [c4t of 1859.]
(~ 125)  SEC. 3.  The Common Council shall give notice of the Resolutioi
tobe pubintended improvement, and of the intended application to said tished. 
court, by causing a copy of said resolution, certified by the Clerk
of the city, to be published for four suaccessive weeks, in som. 
newspaper published in said city; and the Marsha! shall also b,  e
notice of said resolution by delivering a noTce thereof, wlth a copy Notice  to
the owner.
of the samne annexed, to the owner or owners of any property  -the owner
tended to be taken, if they can be found in said city, which notLce 
60              CHARTER OF THE CITY OF EAST SAGINAW.
TITLE VI.            STREETS AND PUBLIC IMPROVEMENTS.
shall be directed to them; or, if they cannot be found in said city,
by leaving the sanme at their place of residence in said city, with
some person of proper age; if they or their place of residence
cannot be found, and such property be occupied, said notice and
copy of said resolution shall be served by delivering the same to
the occupant or occupants, or by leaving the same at their place
of residence within said city, with some person of proper age; but
Notice to if the owner or owners of such property, or their place of residence
n o n- resi- cannot be found, and it be not occupied, or, if it be occupied, but
dents.
they, their place of residence, and that of the occupant or occu         pants cannot be found, or if the owner or owners, occupant or
occupants cannot be found, or if the owner or owners, occupant or
occupants be unknown, or non-residents of said city, then, in either
of such cases, notice of said resolution may be given by posting
the same, with a copy of said resolution, in some conspicuous place
upon the property intended to be taken; the Marshal shall give
notice of said resolution, as above directed, and make return of
his doings, and of the manner of giving said notice, as soon as
practicable after the passage thereof, which return shall be made
to the Recorder's Court at least six days before the day appointed
in said resolution for the hearing of said application, and all per         sons interested therein, after notice given in the manner aforesaid,
shall take notice of, and be bound by, all subsequent proceedings
without any further notices, except as herein otherwise provided.
[ect of 1859.]
Attorney to  (~ 126.)  SEc. 4.  The  Clerk of said city shall deliver to the
make application.    attorney of the corportion, a certified copy of said resolution of
the Common Council, whose duty it shall be to appear in said court,
and make the application therein referred to, and conduct all fur         ther proceedings thereon in behalf of the Common Council. [Act
of 1859.]
List of'Ju-  (~ 127.)  SEc. 5.  Upon the day designated in said resolution,
rors.  or on some other day to be appointed by the court, and on filing a
copy of said resolution, and an affidavit showing the required pub         lication thereof, the Marshal shall attend said court, and write
down the names of twenty-four disinterested freeholders residing
in said city, and who  shall be approved by the court, as such dis         interested freeholders and residents, and qualified to serve. [Act
of 1859.] 
CHARIER OF'LITE CITY OF EAST SAGINAW.                           61
STREETS AND PUBLIC IMIPROVEMENTS.                   TITLE IV.
(~ 128.)  SEC. 6.  Said court shall then issue a summons, corn- Suurmmyons
for- Jury.
manding the Marshal to summon said twenty-four persons to be
and appear in said court to serve as jurors, on some day to be
named therein, which shall not be less than seven days after the
issuing thereof; the Marshal shall serve such summons at least
three days before the return day thereof, and make return in the
same manner as in the case of an ordinary venire for jurors of said
court, and the persons thus summoned shall be bound to attend
said court, and serve until discharged; and said court shall impose
upon them a fine, not exceeding five dollars, for each day's nonattendance in court, or neglect to serve; but they may be exempted Exemptions
and excused by the court from servivg, for the same reasons for
which jurors in the circuit court may be exempted or excused[Act of 1859.]
(~ 129.) SEC. 7. The names of the jurors in attendance and Drawing'of
Jury.
who do not claim to be exempted, and are not excused from serving, shall then be written by the clerk of the court on separate
slips of paper of equal size and appearance as near as practicable,
and be deposited by him in a box having a lid or cover; he shall
then shake said box so as thoroughly to mix said slips of paper, and
shall then draw impartially, openly, and in presence of the court,
so many of the slips of paper or ballots containing names written
thereon, one after another, as shall be sufficient to form a jury.
[Act of 1859.]
(~ 130.)  SEC. 8.  If, in consequence of jurors being exempted,   hDeOfwienucyp;
excused or set aside, there shall not be in the box any slips or hal- plied.
lots, or not a sufficient number of ballots from which to draw the
jury, the Marshal shall forthwith, under the order of the court,
summons such number of persons as the court shall deem necessary, and may order to be and appear in said court to serve as
jurors, and the persons thus summoned shall be returned, be bound
to attend said court and serve, and be competent to form the jury
in the same manner, and to the same effect, as those first summoned.
~[Act of 1859.]
(~ 131.) SEc. 9. The first twelve persons who shall appear as w h o t o
serve as J utheir names are drawn and called by the clerk, or who are called rors.
by him when all the ballots have been drawn from. the jury box,
and shall be approved by the court as qualified, shall be the jury, 
CHARTER- OF THE CIITY OF EASt' SAGINAW.
STREETS AND PUBLIC IMPROVEMENTS.
and shall be sworn to discharge the duties imposed on them by
this title, faithfully, impartially, and according to the best of their
abilities; said court shall then instruct said jury as to their duties,
and the law applicable to the case, and deliver to them a copy of
the resolution of the Common Council as filed in said court, certified by the clerk thereof. [Act of 1859.]
tJuhrytoPrveiew   (~ 132.)  SEC. 10.  Each of said jurors shall go to the place of
t h e Premises.    the intended improvement, and upon or as near as practicable to
any property intended to be taken and described in said resolution
or as the case may be, which will be damaged or benefitted if the'
intended improvement be made. [-4ot of 1859.]
N re c e s ity  (~ 133.)  SEC. 11.  Said jury shall then ascertain the necessity
for using ascertained. for using the property intended to be taken, if it be intended to
take any for such improvement, the just damages and compensation
to be paid to the owner or owners of any property intended to be
taken for, and to award the owner or owners thereof such damages
and compensation as they shall deem just. If such property shall
be subject to a valid mortgage, lease, lien, levy or agreement, or to
either, then said jury shall apportion and award to the owner or
owners of such property, the parties in interest to such mortgage,
lease, lien, levy or agreement, or to either of them, such portions
of the damage and compensation as they shall deem just. [4ct of
1859.]
Apportion  (~ 134.)  SEC. 12.  Said jury shall then apportion and assess
anld Assess
damages.  the total damages and compensation to be paid in any case to and
upon all lots of land, premises or subdivisions thereof, which will
be benefitted if the intended improvement be made, apportioning
and assessing to and upon each, such portion of said total damages
Proviso.   and compensation as they shall deem just: Provided, however,!That if
the total damages and compensation to be awarded to any person or
persons as above shall exceed the total benefits to be apportioned
to and assessed upon any property for the benefit such property
will receive, then such excess shall be apportioned and assessed to
the city of East Saginaw. [Act of 1859.]
Report ef  (~ 135.)  SEc. 13.  Said jury shall then make, in writing, and
Jury.    each shall sign a report to said court of their doings, enclose the
same in a sealed envelope, and file it in the office of the clerk of
said court, within ten days after they were sworn. [Act of 1859.]
62
TITLE YAT. 
CHARTELR OF I'HE CITY OF EAST SAGINAW.                             63
STREETS AND PUBLIC IMPROVEMIENTS.                 TITLE V I.
(~ 136.)  Sec. 14.  Said jury shall state in their report the just Woht hIRaRldaniages and compensation ascertained and awarded by them to state.
the owner of any private property, or to any person claiming an
interest therein by virtue of any mortgage, lease, lien, levy or
agreement, or either, to which such.:property may be subject, together with the name of such owner or claimant, if known, and a
description of the property intended to be taken. In case any
damage and compensation be awarded to any person claiming an
interest in such property by virtue of any valid mortgage, lease,
lien, levy or agreement, or either, to which such property may be
subject, it shall be sufficient to state further, in such case, the name
of such interested party, the date of such mortgage, lease, lien,
levy or agreement, or assignment thereof, if there be any, by virtue of which such interested party has an interest in the property
intended to be taken. [Aet of 1859.]
(~ 137.)  SEC. 15.  Said jury shall also state in their report Ibid.
what portions in amount of the total ascertained damages and
compensation they have apportioned to and assessed upon any lot
premises, or subdivision thereof, which will be benefitted by the
intended improvement, together with the names of the owners
thereof, if known, and a description of the same, and also what
portion, if any, of the ascertained damages and compensation, they
have apportioned and assessed to the city of East Saginaw, in the
case above provided for. [Aci,' of 1859.]
(~ 138.)  SEc. 16.  Said report may be confirmed by said court tioon off ema
at any term thereof, or at any time when said court may be regu- port
]arly in session; and the said court shall appoint some day when
it will consider said report, and objections against the confirmation o bj ections
thereof on the part of all persons interested therein, whereof the to Report.
City Attorney  shall give notice by publishing the same in some
newspaper published in said city for one week, and he shall file in
said court an affidavit of such publication before the time appointed for considering said report; said objections shall be filed with
the Clerk in writing, but may be argued, and the consideration of
said report and objections may be adjourned from time to time,
until said report be confirmed or otherwise disposed of, as herein
provided. [Act of 1859.] 
64               CHARTER OF THE  CITIY OF EAST SAGINAVAW.
TITLE VI.             STREETS AND PUBLIC IMPROVEMENTS.
Basis of Ohb-        139.)  SEc. 17.  Said report shall not be annulled for objecjections.
tions as to matters of form; all objections shall be objections of
law, and to matters of substance; but the damages and compen         sation to be paid to any person, or the portions thereof, apportion         ed thereto or assessed upon any lot of land, premises, or subdivis         ion thereof, may be enquired into, if objected to as being exces         sively large or small. [Act of 1859.]
Further
Proceedings (~ 140.) SEC. 18. If no objections be filed, said report shall be
confirmed; but if objections be filed, said court, after considering
the same, and after argument thereon, shall in its discretion, con         firm or annul said report, or may refer it back to the same jury,
for the purpose of reviewing all matters and correcting all errors
therein contained, and making any alterations thereof which said
court may direct, or said jury may deem just or necessary; and
thereon said jury shall review, correct or alter said report, in man         ner aforesaid, and shall return and file the same with the clerk of said
court, within five days after said report was referred back to them
as aforesaid, and thereupon said court shall confirm or annul said
report. [Act of 1859.]
Provides for   ( ~ 141.)  SEC. 19.  If said report be annulled, or the jury cannew,Jury.
not agree, or from death, sickness, or any other cause, shall fail to
make a report within the ten days required above, the court may,
on the application of the Attorney, designate some day in term
when another jury may be had, and such jury "shall be obtained,
drawn, summoned, returned, bound to attend and serve, have the
same qualifications, be sworn, and when sworn, have the same pow         ers and duties as the first jury; the same proceedings, after they
are sworn, shall be had by them, and by and in said court, as pro         vided for above, after the first jury is sworn. [Act of 1859.]
Disabilityof (~ 142.) SEC. 20. If any juror, after being sworn, shall die
Jurors.   or from sickness be unable to discharge his duties, the court may
appoint another person to serve in his place, who shall be sworn,
and shall have the like qualifications, powers and duties  as those
already sworn. [Act of 1859.]
Rpipgehlt of  (~ 143.)  SEc. 21.  Any person to whom  damages and compenAppeal.
sation may be awarded for any of his property intended to be
taken, or on account of the intended improvement, or to and upon
whose property any portion of such damages and compensation
may be apportioned and assessed, considering himself aggrieved, 
CIIARI,ER OF I'HE CITY OF EAST SAGINAW.
STREETS ANDI PUBLIC IIMPROV:EMENTS.
may appeal from the judgment of the Recorder's Court confirming
the report of the jury to the Supreme Court, by filing in writing
with the clerk of said Recorder's Court a notice of such appeal
and specification of the errors complained of, within five days after
the confirmation, and serving within the same time a copy of said
notice and specification of errors on the Attorney of the corporation, and filing a bond in said Recorder's Court, to-be approved by
the Recorder, conditioned for the prosecution of said appeal, and
the payment of all costs that may be awarded against the appellant, in case the judgment of confirmation of the Recorder's Court
be affirmed. [.ct of 1859.]
(~ 144.)  SEC. 22.  In case of appeal as above, it shall be the D uty of
duty of the clerk of the Recorder's Court forthwith, or as soon as  lerk.
practicable, to transmit to the Supreme Court a certified copy of
all the proceedings in the case, which may be filed in the office of
any clerk of said Supreme Court. [Act of 1859.]
(~ 145.) SEC. 23. The Supreme Court, at any term thereof, rroceedings
shall with the least practicable delay, hear and try the matter  f on Appeal'
said appeal, and may affirm  or reverse the judgmeut of the Recorder's Court confirming the report of the jury; but the same
shall not be reversed for matter of form, nor for any errors except
errors of law, and only in regard to the appellant or appellants.
The  court shall give judgment for reasonable costs and expenses
in the matter of said appeal and proceedings thereon, to be taxed,
and all costs and expenses awarded to the City of East Saglnaw
in case of affirmation, shall be applied on and deducted from the
damages and compensation, if any, to be paid to the appellant or
appellants. [Acet of 1859.]
(~ 146.) SEc. 24. If there be a reversal for any errors which Proceedings
it is practicable for the Recorder's Court or said jury to correct fe r mancorded
f or correcwith due regard to the public interest and rights of individuals, tion.
the proceedings shall be remanded to said Recorder's Court, with
directions that such errors be corrected. Said Recorder's Court
at any term thereof, or (as the case may be) said jury, under the
direction of said court, shall correct such error, and thereupon the
report of the jury shall be confirmed by said Recorder's Court,
without any further right of appeal.  L[act of 1859.]
6 7
ITLE VI 
CHARTER OF THlE CITY OF EAST SAGINAW.
TITLE VI.             STREETS AND PUBLIC IMPROVEMENTS.
Proceedings   ( 147.)  SEc. 25.  In case of every annullmenit of the report
in case of
amendment. of the jury by the Recorder's court, or reversal by the Supreme
Court, the Common Council, in behalf of said city may, by resolu         tion, elect to pay the damages and compensation claimed by, or the
assessment made upon the property of the objector, appellant or
appellants, on filing a certified copy of said resolution in the Re         corder's court, within twenty days after The annulment or reversal,
the report of said jury shall be reviewed and confirmed by said
Recorder's court, as to all persons interested therein, except the
objector, appellant or appellants, and without further right of ap         peal.  If the Common Council do not elect as above provided, all
the proceedings shall be null and void, and no further proceedings
shall be had, except in case of reversal, when the proceedings may
have been remanded to the Recorder's court, for the correction of
certain errors, in which case, such errors shall be corrected, and
the report of the jury confirmed, as above provided. [Act of
1859.]
Confirma-  (~ 148.)  Sic. 26.  If the report of the jury be confirmed by
tion to be
final.   the Recorder's court, in any case above provided for, or if the
judgment of confirmation be affirmed, on appeal to the Supreme
Court, such confirmation shall be final and conclusive, as to all
persons interested therein; and the damages and compensation ap         portioned to and assessed upon any lot of land, premises, or subd i
vision thereof, according to said report, as confirmed, shall be a lien
thereon, from the time of the aforesaid confirmation until they are
paid and satisfied. [Act of 1859.]
CioePdy totbhe  (~ 149.)  SEC. 27.  When  the report of the jury shall have
flied w i t h
the C i t Y thus been finally confirmed, or the judgment of confirmation affirmClerk
ed by the Supreme Court, the Clerk of the Recorder's court shall
prepare a certified copy, under the seal of the court, of the report
of the jury as confirmed by the Recorder's court, and of the order
of the court confirming the same, and the Clerk shall file said cer         tified copy in the office of the Clerk of the city, who shall record
the same in a book to be provided, used and known as a book of
street records. Such certified copy, such record, or a like copy
made and certified by the Clerk of the Recorder's court, shall, in
all courts and places be presumptive evidence of the matters there         in contained, and of the regularity of all proceedings from the
66 
CHIIARTER OF THE CITY OF EAST SAGINA W.
STREETS AND PUBLIC IMPROVEMENTS.                     TITLE VT.
commencement thereof to the order of the court confirming the
report of the jury.  [Aet of 1859.]
(~ 150.) SEC. 28. The amounts apportioned to, and assessed Assessrmts,
*'              ~       ~      ~      ~~~~~to who m
upon all lots of land, premises, or subdivisions thereof, for the paid.
benefits they will receive, shall be paid to the Treasurer of said
city, in case of confirmation of the report of the jury as above
provided, or in case the judgment of confirmation -be affirmed by
the Supreme Court, and warrant or warrants authorizing the col- Warrants
for the col lection thereof shall be issued as soon as practicable, under the  lection of
same.
hand of the Mayor and the corporate seal of the city, directed to
the Marshal thereof, and in the collection of such assessments the
said Marshal shall proceed in the same manner, and shall levy,
collect, make return to the City Clerk of the sums remaining un collected, with a description of the lots, premises or subdivisions
parts or portions thereof, upon which such tax was assessed, and
which remains unpaid as aforesaid, and the City Clerk shall report
the same to the Controller, who shall assess the same upon the
assessment and tax roll upon such premises, and the same shall
be thereupon collected and returned, and the same proceedings had
for the collection and return thereof, and for the sale of such
premises for the non-payment of such assessment and the charges
accruing thereon, as is provided by this act in the case of the collection of assessments made for public improvements in said city.
[Act of 1859.]
Common
(~ 151.) SEC. 2'. Within three months after the confirmation o Ou n c i l
of the report of the jury, or after the judgment of confirmation tndl erPdamor
shall, on appeal, be affirmed, the Common Council shall pay orages'
tender to the respective persons the several amnounts of damages
and compensation awarded to them, according to the report of the
jury as confirmed, or elected, as above provided for, to be paid by
the Common Council; and in case any such person shall refuse
the same, be unknown, or a non-resident of said city, or from any
reason incapacitated from receiving his or her amount, or the
right thereto to be disputed or doubtful. the Common Council
Deposi!t in
may deposit the amount awarded in such  case, or elected to be  eP r t a i n
paid by the Common  Council, in the treasury of the city, to the cases.
credit of any person entitled thereto, and shall, on demand, pay
the same over to any person or persons competent and entitled to
67 
68              CIIATER 0OF 1ItE C~IT'  OF EAST SA GINA W.
TITLE VI.            STREETS AND PUBLIC IMPROVEMENTS.
receive it, and the Treasurer shall take receipt and voucher there         for. [Act of 1859.]
tWhventitle  (~ 152.)  SEC. 30.  Upon such payment, tender or deposit in
city.     the City Treasury, the fee and ownership of the land and  pro         perty to be taken, shall be fully vested in the said city, and the
Common Council may enter upon, take possession of, and convert
the same to the uses and purposes for -which it has been taken.
A certificate of the City Treasurer of such tender, payment or
deposit, or record thereof in the book of street records, or certified
copy of such record, shall, in all courts and places, be presumptive
evidence of the facts therein stated, of the vesting of the fee of
the property taken in the City of East Saginaw, and of the right
of the Common Council to take possession and convert the same
to the uses for which it has been taken.  [Act of 1859.]
Proceedings  (~ 153.)  SEC. 31.  In all cases where any real estate, subject
when p r operty taken to any lease or agreement, shall be taken as aforesaid, all the covis encum- 
bered.    enants and stipulations contained therein shall cease, determine,
and be discharged, upon the final confirmation of the report of the
jury, or upon the affirmation, by the Supreme Court, of the judg         ment of confirmation. If a part only of such real estate be taken,
said covenants and stipulations shall cease, determine and be dis         charged, only as to such part; and the Recorder's Court, on ap         plication of any party in interest to such lease or agreement, and
after a notice thereof of eight days, in writing, to the other par         ties in interest. may appoint three disinterested residents and
Commi s - freeholders of said city, commissioners to determine the rents and
sioners.
payments (to be) thereafter paid, and the covenants, stipulations or
conditions thereafter to be performed under the lease or agree         ment, in respect to the residue or part of such real estate not
taken.   Said  Oommissioners  shall,  before entering on  their
duties, take and subscribe an oath, to be administered by the court,
faithfully to discharge their duties, which oath shall be filed in
said court.  Said three  Commissioners  shall make  and sign  a
report in writing, of their doings to said court, which shall be filed
therein within thirty days after their appointment; and said report
on being  confirmed by the court, shall be binding and conclusive
on the parties in interest to such lease or agreement, and the fees
and expenses of proceedings under this section shall be borne in 
CIIARTEER OF THIIE CITY OF EAST SAGINAW.                               69
STREETS AND PUBLIC IMPROVEMENTS.                    TITLE VI
whole or in part by the parties to such lease or agreement, or
either of them  or by the City of East Saginaw, in the discretion
of the Common Council. [Act of 1859.]
(~ 154.)  SEC. 32.  The duties above  in this title to be  per-Duties of
Marshal
formed by the Marshal of said city, excepting the collection of the may be per                                                                  formed by
assessments by virtue of section twenty-eight, in case of the inabil- Constable.
ity of such Marshal, whether by absence, sicknss, or interest in
the subject matter of the proceedings, may be performed by either
of the Ward Constables of said city.  lcet of 1859.]
(~ 155.)  SEC. 33.  The  Common  Council shall pay said jury tciompensar
~ ~ ~~~~~~~~~~~~~~~tion to Jury
such compensation for their services as they may deem just, and May aban                                                                  don p ro -
they shall have power to abandon or discontinue proceedings under ceedings.
this chapter in said Recorder's Court, at any time before the final
confirmation of the report of the jury. [Act of 1859.]
(~ 156.) SEC. 34. The Common Council shall be Commission- G ewn re r a I
Power o
ers of highways of said city, and shall have the care and supervi- touneilta s
sion of the highways, streets, bridges, lanes, alleys, parks and
public grounds therein; and it shall be their duty to give directions for the repairing, preserving, improving, cleansing and securing
of such highways, bridges, lanes, alleys, parks and public grounds,
and to cause the same to be repaired, cleansed, improved and
secured, from time to time, as may be necessary; to regulate the
roads, streets, highways, lanes, parks and alleys already laid out,
or which may hereafter be laid out, and to alter such of them as
they shall deem inconvenient, subject to the restrictions contained
in this title; to cause such of the streets and highways in said city
as shall have been used for six years or more as public highways
and streets, and which are not sufficiently described, or have not
been duly recorded, to be ascertained, described, and recorded in
the office of the ( ity Clerk of said city, in the book of street
records; and the recording of such highways, streets, lanes, alleys
or public grounds, so ascertained and described, or which shall
hereafter be laid out and established by said Common Council, and
recorded in the book of street records, in the office of the clerk,
by order of the Common Council, shall be presumptive evidence
of the existence of such highway, street, lane, alley or public
ground, therein described; to divide said city from time to time,
into so many highway districts as they shall deem expedient, by 
CHARTER OF THE CITY OF EAST SAGINqAWT.
TITILE VI.             STREETS AND PUBLIC IMPROVEMENTS.
an ordinance or resolution entered upon their minutes; to appoint
and assign to each of such districts so many inspectors of streets,
as they shall from time to time deem proper, and such Inspectors
shall in all cases, when required by the Common Council, give
such securities as said Council shall require, for the faithful per          formance of their duties; and the Council may assign to said In         spectors such duties in relation to the opening, laying out, making,
repairing and preserving the streets, highways, lanes, alleys, parks,
squares and public grounds of said city, as they may deem expedient;
and the said Inspectors shall possess all the powers and be sub         ject to all the liabilities of Overseers  of Highways in the several
townships, of the State, so far as the same may be applicable to said
city under the provisions of this act. [Aot of 1859.]
Power to  (~ 157.)  SEC. 35.  The Common  Council shall have power  to
cons t rnuct
Sewers, &c. cause common sewers, drains and vaults, arches and bridges, wells,
pumps and reservoirs to be built in any part of said city; to cause
the grading raising, leveling, repairing, amending, paving or cover         ing with broken or pounded stone, plank or other material, any
street, lane, alley, highway, public ground or sidewalk of said city.
[Act of 1859.]
Discontinu- (~ 158.) SEC. 36. The Common Council shall have the same
ftreetspower in relation to discontinuing any street, highway, lane or
alley in said city, which the commissioners of highways in town         ships have or may hereafter receive in relation to town highways,
and they may adopt the same proceedings to affect such object as
near as may be, as the commissioners of highways in townships
are or may be by law required to adopt, and appeals may be taken
to the Recorder's court in like manner as far as practicable, as ap         peals are now or may hereafter by law be taken from the decisions
of highway commissioners in townships, and the said Recorder's
court is hereby authorized and empowered to hear and determine
such appeals. [Act of1859.]
Proceedings
when e x"   (~ 159.)  SEC. 37.  Whenever the Common Council shall de
pense is totemnthtpbi
benasesis td termine that the whole or any part of the expenses of any public
benePfitedd.tY improvement not requiring the taking of any land by the said city,
shall be defrayed by an assessment on the owners or occupants of
houses and lands to be benefitted thereby, they shall declare the
same by an entry in their minutes, and cause the necessary plans,
profiles and specifications to be made, and proceed to advertise and
70 
CHARTER OF THE CITY OF EAST SAGINA W.                             71
STREETS AND PUBLIC IMPROVEMENTS.                  TITLE VI.
let the contract for the performance of said work to the lowest
responsible bidder therefor; and the Common Council shall also
declare, by resolution, whether the whole or what portion of the
cost of such improvement shall be assessed to such owners and
occupants; and the Common Council shall further declare and set
forth by rcsolution. to be entered upon the proceedings, all lots,
boce. id parcels of real estate, or parts thereof, which in their
opinion, will be benefitted thereby, and which shall be assessed
therefor, which resolution shall be printed in at least one newspaper published in said city, at ]east once prior to the ordering of
any assessment thereon; and the owner or occupant of any property so mentioned and set forth, if he shall feel injured or aggrieved objeetr. may
thereby, or shall take any exception thereto, shall appear at the
next regular meeting of the Common Council, and object; and the
Common Council shall hear and determine upon such objections
but if such owner or occupant shall fail so to appear, or if the
Common Council shall, after hearing the objections, refuse to
change such designation, the same shall be final.  [Act of 1869.] Expense a  (~ 160.)  SEe. 38.  The Common Council shall thereupon  and certained.
thereafter, make an order reciting the public improvement to be
made, the estimated amount of the expense to be assessed as
aforesaid, including the cost and expenses of making estimates,
plans, assessments, and other expenses incidental thereto, not including interest, which estimate shall be made by the City Surveyor, and filed in the office of the Controller, and the description
of property on which the same is to be assessed. [Act of 1869.]
(~ 161.)  SEc. 39.  The City Clerk shall, within one week after As3essment
the making of such order, certify a copy of the same, under seal, made.
to the assessor of said city, who shall proceed without unnecessary
delay, to make an assessment, according to such order, and make
out an assessment roll, reciting in the heading thereof the improvement ordered, and in the body of which shall be entered the
names of the persons assessed, a description of the property, and
the amount or amounts, in dollars and cents, assessed thereon:
Provided, In all cases where the property designated shall be vacant and unoccupied, and the ownership thereof unknown to the
assessor, he shall insert in lieu of the name of said owner, the
word "Don-resident." [,Act of 1869.] 
CII:ARTER OF TlEJ C'~TY OF EAST' SA GINA WT.
TITLE VI.                STREETS AND PUBLIC I.IPROVEMENTS.
Certificate.   (~ 162)  SEC. 40.  The assessor shall certify upon such roll that
he has made said assessment upon the persons and property des         cribed, in accordance with the order of the Common Council rela         ting thereto, and that the said roll contains a just,nd true assess          mnent of the costs of such improvement, (stating the sum thereof,)
and that the several amounts assessed against each person and des         cription of property has been set down, as Dearly as  may be, and
to the best of his judgment, according to the benefit and advantage
which such person or description of property is by him deemed to
acquire from the making of said improvement. [Act of 1869.]
D u ty o f  (~ 163.)  SEC. 41.  As soon as said roll is completed and certiClerk.    fled to, the assessor shall file the same with the City Clerk, who
shall letter it as "special assessment roll, (using the letters of the
alphabet in their orders) for the year 18-," and also endorse the
date when  so filed thereon, and report the same to the Common
Council at its next meeting. [Act of 1869.]
Notice to be  (~ 164.)  SEC. 42.  Upon such notice of the completion of such
given on
completion assessment, and filing of any special assessment roll, the Common
of Roll.
Council shall cause notice to be given to all parties interested
therein, reciting the names on said roll, by publication in a news         paper published in said city, for at least two weeks, that the Com         mon Council will, at such time as they shall appoint, hear objec         tions to, and appeals from said assessment. [Act of 1869.]
Pr oceeding   (~ 165.)  SEC. 42.  At the time appointed for that purpose, and
thereon,   such other times as the hearing shali be adjourned to, the Common
Council shall hear the allegations and proofs of all persons who
may complain of such assessment, and may rectify and amend the
said assessment in whole or in part, or may set the same aside and
direct a new assessment, or the said Common Council may ratify
and confirm such assessment without any corrections or with such
conditions therein, as they may think proper. [Act of 1869.]
Confirma-   (~ 166.)  SEC. 44.  Every assessment so ratified and confirmed
tion final
Tax a legal shall be final and conclusive, and the same shall become a legal
charge.    charge against the persons named therein; and within five days
after the same shall be confirmed, the Controller shall deliver the
same to the City Treasurer, and give public notice thereof by
advertisement in the official paper of the city, for at least one week,
and the said Treasurer shall give a receipt for said roll, and be
72 
CHARIER OF TIHE CITY OF EAST SAGIYA W.
ST'PFEETS AND PUBLIC IMPROVEMENTS.                   TITL,E VI.
charged therewith, and shall retain  the same in his office for the C o l ection
of Tax.
space of sixty days, during which time any person may pay the
amount of taxes against such person or his property respectively to
said Treasurer, who shall receive said taxes and give a receipt
therefor, and mark the same paid upon the roll; and within five
days after the expiration of the time for the payment of said assessment to the Treasurer as aforesaid, the Controller shall take DC t I, o f
Contr-oller.
such assessment roll into his hands, and shall add four per cent. as
fees for collecting the same, and shall annex or attach a warrant to
said special assessment roll, directed to any Ward Collector of the
city, which warrant shall be signed by the Controller, and have the
city seal stamped thereon, which warrant shall command said Collector to collect the taxes unpaid upon said roll within the time
prescribed in said warrant; and such Collector shall thereupon be iu t y o f
authorized and required to levy and collect the same by distress Collector.
and sale of any personal property of the person chargeable with
such tax; and in case sufficient personal property cannot be found
whereon to levy and collect such tax, the Collector shall, within
five days after the time prescribed by his said warrant for the collection thereof has expired, pay to the City Treasurer all sums collected on such tax roll. and make report to the Controller of the
sums so paid, and of all assessments thereon remaining unpaid, which
he was unable, for want of such persollal property, to levy and collect
of the same, together with the description of the premises assessed
for such unpaid taxes, which return shall, in all cases, be made
under oath, and shall be filed and preserved in the office of the
Controller.  Upon  the filing of such  return  by  the Collector,
thereupon  such unpaid taxes shall become a lien upon the realB cc o me a
lien.
estate described on said roll; and the taxes assessed thereon shall Interest.
draw interest at the rate of twenty per cent. per annum as hereinafter provided; but any person owning any premises so chargeable Owner nay
with such special assessment ot tax, iuay discharge such premises raedee,.
from such tax at any time after such return by the Collector, and
befbre it is put into the general city roll as hereinafter provided,
by  paying  to the City Treasurer the amount of tax so assessed
against him or his property, together with the interest at the rate
of twenty per cent. per annum from the time of the return by the D elinquernt
Taxes reCollector of such roll to the date of such payment.  On or before turneds t o
the first day of  une  succeeding,  the  Cotroller shall certify to ritPr
73 
CHARTER OF T'HE CITY OF EAlST SA GINA W.
.TITLE VI.             STREETS AND PUBLIC IMPROVEMENTS.
the Assessor the amount of such taxes, and the description of the
premises assessed and ehargable with such tax, who shall assess
such unpaid taxes, together with interest, at the rate of twenty
per cent. on all sums so uncollected and uinpaid, from the date of
the return of such assessment and tax roll by the Collector, to the
first day of August in the year in which the saine shall be placed
by the Assessor, as herein provided, on such premises in the tax
roll next thereafter to be made, and such tax shall then be levied,
collected -nd returned, and the said premises may be sold for non         payment thereof, as provided by law for the non-payment of other
taxes. [Act of 1869.]
Who shail  (~ 167.)  SEC. 45.  In cases where  there is no agreement to
be liable for
Ta.x.    the contrary, the owner or landlord, and not the occupant or ten         nant, shall be deemed in law the person who ought to bear and pay
every such assessment. made for the expense of any public im         provement in the said city. [Act of 1859.]
Right to re- (~ 168.) SEC. 46. Where any such assessment shall be made
cover.
upon or paid by any person, when by agreement or by law the
same ought to be borne or paid by any other person, it shall be
lawful for the one so paying to sue for and recover of the person
bound to pay the same the amount so paid, with interest. [Act of
1859.]
Agreements   (s 169.)  SEC. 47.  Nothing herein contained shall imnipair, or
not affected.
in any way effect, any agreement between any landlord and tenant, or
other persons, respecting the payment of any such assessments.
[Act of 1859.]
Ex,e..of  (~ 170.)  SEC. 48.  If, upon completion of any such improveT a x. hiow ment, for which such assessment shall have been made, it shall apdisposed of.
pear that a greater amount has been assessed and collected than
is necessary to defray the expenses thereof, the Common Council
shall apportion such excess among the persons and property as         sessed, in proportion to the amount collected of them, and shall
pay the same to such persons, and the owner of such property en         titled thereto, on demand.   [Act of 1859.]
Deficiency,  (~ 171.)  SEC. 49.  If it appear that a greater sum  of money
hlo w supplied.    has been expended, in the completion of such improvement, than
was estimated as aforesaid, the Common Council may direct the
I74
.TITLE VI. 
(,tHARTPR OF TIIE CITY OF EASST SAGILVAW.                TV
STREETS AND PUBLIC IMPROVEMENTS.                  TITLE VT
assessment of the same on the owners  and occupants of houses
and lands benefitted by such improvenienits, in the same manner as
herein above directed, and the same proceedings, in all respects, T, r r i tory
er l arged.
shall be had thereon, and the Common Council may enlarge the
territory to be assessed for such improvements.  [Act of 1859.]
(~ 172.)  SEC. 50.  The term public improvemnent, as used in Public i m                                                                         hp r ovement
this act, shall be held and construed to include, not only those set shaulbe on                                                                         strued, to
out and recited in the first section of this title, but  the stumping, include, &c
ditching and grading of all public streets, highways, lanes and
alleys; the construction of plank roads, the laying of pavements
of wood or stone, including the cross-walk, flagging, and curbing,
excavating and grading for the same;  the planking, graveling or
inacadamizing, with  broken  or pounded stone, of the streets or
road-ways of said city; the draining and filling of all low lands
and lots, and the general betterment of all streets, highways,
lanes, alleys, parks, public places and grounds within said city.
All proceedings of the Comm-on Council.  under  the provisions of Ru(corjdfl ln)t
void on acthi                         s          title, shall be matters of record in the proceedings  of th e     Coin- counteof cle                                                                         rical errors.
mon                                   Council, and shall not fail on account of any technical  or clerical C o n strued
e      r       r       o       r made by any officer of the city, and  shall be  Construed favor- favorably.
a        b         l        y          by all courts of the  State for any beneficial pu rpose therein
<led thereby intended  and in any case of                 litigation, suit or  ij njun-ICtion that may arise between the corpoiration and any perso               n, out
,f                                    proceedings under thii title, the   court shall require the   co nplaina nt to furnish suffiieient bonds and sureties to indemnify  the ant to girve
security t o
city against ally loss or damage  that may aceerue  to it fromi such the eity.
proceedings, before granting process or injunction against the said
corporation1.   [4ct of 1869.]
(a 173.)  Sec. 51.  Whenever  the Commnon Couiicil shall deem Sidlowe-walks
it expedient to construct any side-walk of plank, or other miaterial construted
,i any  street within  the said city, they may, by  ordinance,  or
otherwise, require the owner, or occupant of any lot or house  tdjoining such street to;construct such sidewalk  on  such street, iii
front of his or her lot or house; or they mnay direct such sidewalks to be made according to the provisions of this title.   The
Commion Couieil may, in like manner, by ordinance or otherwise,
under such penalty or penalties as they imay prescribe, require the Repairs,.. 
CHARTER OF THE CITY OF EAST SA GINA W.
TITLE VI.               STREETS AND PUBLIC IMPROVEMENTS.
owners and occupants, or either, of land in said city, or in any spe         cified part thereof, to repair, maintain and re-construct side-walks,
pavements and street improvements. adjoining their respective
premises, to the middle of the street or alley, the expense to be
defrayed by assessment, in such manner as the Common Council,
by ordinance or otherwise, may direct; the expense to which any
occupant or tenant may thus be subjected, may be collected by him
from the owner of the premises, unless otherwise agreed, or unless
such tenant or occupant be bound to bear such expense by the
terms or nature of the agreement under which he holds the pre         mises. [Acet of 1869.]
()rders and (~ 174.) SEC. 52. Whenever the owner or occupant of any lot
Ordinances, or house shall refuse or neglect, within such time as the Common
how enforced.    Council shall have appointed, to conform to any regulation made
by the said Common Council for widening streets, or for any othe r
purpose, it shall be lawful for the said Common Council to cause
such regulations to be enforced at the expense of the city, and to
recover the amount of such expenses'with damages, at the rate of
ten per centum, with costs of suit, from the owner or occupant of
such lot, or house, whose duty it was to conform to such regula    rovio.   tions:  Provided, That the Council may, in all such cases, elect to
assess the amount so to be paid upon the lot or lots to be benefited
by such improvement or regulation, or for building any plank or
other side-walk, and when such assessment shall be duly levied and
confirmed, the same may be collected in the same manner provided
by section forty-four of this title.  [Act of 1859.]
ressidcntsfor (~ 175.) SEC. 53. The Common Council are authorized to asYcpa+irs, &c. 
repairs, c. sess the lands of non-residents of said city, their just proportion
of the expenses of cleaning and repairing streets and side-walks,
and removing nuisances, and the said expenses shall be assessed iii
the same manner, and the amount so assessed shall be collected in
the same manner, and the same proceedings shall be had in case of
non-payment of the'arne, as in relation to the assessments for
public improvements in said city; except as the Common Council
may otherwise determine or direct.  [A-ct o  1859.]
I) rain or
)Sewer A S -  (~ 176.)  SEC. 54.  The Comnmon Council shall have full power
sessment.  to assess  and collect of each individual using or being benefited
i- 6 
CHARTER OF TItE -ITY' OF EAST SA8 IrA  I N.
STREETS AND PUBLIC IMPROVEMENTS.
by any public sewer or drain, as follows, to wit:   The sum of ten
dollars for making connection with any such drain or sewer, and
the further sum of two dollars and fifty cents annually for each
cellar drained, directly or indirectly, by a drain, into any public
drain or sewer, which assessment shall be taken to include all
other drainage of the premises to which said cellar especially belongs; and the sum of two dollars annually for each lot or subdivision of lot being without a cellar, drained as aforesaid, into any
public drain or sewer, and such sums as may be fixed by the Common Council ior all establishments r,,quiring an unusual or extraordinary amount of drainage, drained as aforesaid; which sums shall,
with the names of such individuals and the description of such
lands or premises, liable to pay the same, be reported annually, on
or before the last Saturday in May, in each year, by the Board of
Sewer Comnmissioners to the Assessor, who shall assess the same
upon such persons and lands, and place the same in the annual tax
roll, in the sewer column, and the same shall be enforced and coll ected in the same manner as general taxes of said city, and shall
go into the sewer fund, and shall be expended exclusively for the
repairs and construction of sewers.8 [.Act of 1869.]
C o 11 ection
(~ 177.) SEC. 55. When any assessment for public improve- of Assess                                                                  ments, &c.
ments, or any local improvements, or expenses upon any ward,
highway district, street, lane, alley, public sewer or other improvement shall have been made, as in this act provided and shall be
confirmed by the Common Council, it shall become a charge against
the person assessed, and the same proceedings shall be had for collecting the same as is provided in section forty-four of this title;
and when said rolls shall be returned to the Controller, the said
assessments unpaid shall thereupon become a lien upon the real
estate described upon said roll, subject to the same rate of interest
and terms of payment as other special assessment rolls hereinbefore
provided; and they shall be, by the Controller in a like manner,
returned or certified to the Assessor, who shall assess the same
upon the annual assessment and tax roll, upon such premises, and
the same shall be thereupon collected and returned, and the same
proceedings had for the collection and return thereof, and for the
See Sec.    Title 12.
77
TITLE VI. 
('IARHTP,R OF 1/II' (~ITY OF EAS1 S',AGINVAW.
STREETS AND PUBLIC IMPROVEMENT'S.
sale of such premises for the non-payment of such tax (r assessment as is provided by law for the collection and return and sale
of premises for non-payment of the ordinary city taxes.  [Act of
1S69.]
Sal,e of per-  (~ 178.)  SEC. 56.  When any Collector shall have levied oil
sonal p r op,e r t y by personal property for the non-payment  of any tax or assessment,
Collectors.
in this act provided, he shall proceed to advertise and sell the
same, in the same manner, and upon like notice, and make return
of all money received therefrom, as is or may  be required by the
general laws of this State, in the levy and sale of personal pr( —
perty for non-payment of taxes by township treasurers.  [Act of
1869 ]
wAgenter lor  (~ 179.)  SEc. 57.  The  Coummon  Council  shall permit (ny
Ageoot a I -       I                                                       ly
loaWked to prson who shall be the owner or agent of any tract, plat or addimake i m -
provements tion, within the limits of said city, to improve, grade, plank or
pave any street lying within said tract, plat or addition, the cost of
which, if improved by the order of the Council, could be assessed
against such person or agent, upon request: Provided, All such
work shall be done under the superintendence of the Street Coni         missionrer and City Surveyor, and shall, in all respects, conform to
the established plan and grades for streets in said city.  [Aet of
1S69.]
Ie -Assess-  ( 180.)  gEC. 58.  Whenever  any  special aissesstmeiit for the
o w er of improvement of a street, or for any  other public work, shall, il
CoU ncil
dn  h  o w the opinion  of the  Common  Council, be  deemed  invalid, said
made.C
ade    ommon C ono  uncil may vacate and set the same aside; a-d when
any suchl special assessment shall be so vacated, or shall be held
invalid by the judgment or decree of any court of competent juris         diction, said Common Council may cause a new assessment  to be
made.  Such new assessment shall be made in the manner provi         ded for making original assessments of like nature, and whenever
the tax or any part thereof, assessed upon any lot or parcel of real
estate by the original assessment has been paid and shall not have
been refunded, it shall be the duty of the Assessor and Controller
to apply said assessment upon the re-assessmaent upon said lot or
parcel, and to make a minute thereof upon the newv assessment roll,
and such re-assessment shall be deemed paid and satisfied. All the
78
TITLE VJI. 
(IHARTPER OF TtHE CITY OF EAST SAGINAW.
STREETS AND PUBLIC IMPROVEMEENTS.
provisions of this charter [act] making special assessments a charge
against the persons assessed, or a lien upon the lots and parcels of
real estate embraced therein, and also those relating to the collectiori and return of special assessments, shall in like manner apply
to such re-assessment.  [Act of 1.869,]
79
TITLE VI. 
CIIARTE,R OF TIIE CITY OF EAST SAGI. vL4 W
FIRE DEPARTMENT, &C.
TITLE VII.
FLRE DEPARTMENT-PREVENTION AND EXTINGUISIIMI NT OF DF!iRES, Fl Ri
LIMiTS, &C.
SECTION.                             SECTION.
1. Powers of Council as to fires,   9. Engineers  and O)fficers,  du     buildings, fire limits, &c.          ties of
2. Construction  of  buildings;   10. Ringing of alarm bells.
penalty, &c.                   11. Compensation; for injuries.
3. Chimneys, stove pipes, ashes,   12. General powers, granted and
&c.                                  defined.
4. Of Lamps, gunpowder, &c.         13. Authorizes  summary arrests
5. Inspectors, duties of.                to be made.
6. Procure Fire Engines, &c         14. Hazardous buildings destroy 7. Fire Districts and Fire I)Dc-         ed; damages.
partmenit.                      15. Provisions concerning steani 8. Council to make rules, &c.            craft on river.
Powers as  (~ 181.)  Sec. 1.  For  the purpose of guarding against the
to fires.   calamities of fire, the Comml-onl Council may, from time to time, by
B uil(dingsordinance, designate such  portions  and parts o[ the said city as
Fire limits
&.  they shall think proper, within  which  no buildings of wood shall
be erected; and may regulate and direct the erection of buildings
within such portions and parts, and the size and materials thereof,
and the size of the chimneys therein; and every person who shall
violate any sulch ordinance or regulation shall forfeit to the city the
Penalty.   sumI of one hundred dollars; and every building erected contrary to
such  ordinance is hereby declared to be a common nuisance, and
may be abated and removed by such (common  Council.  [Aet of
1859.]
Construct'n   ( 18S2.)  SEC. 2.  The  Commton  Council may, by ordinance,
of buildings require the owners and occupants of houses and other buildings to
have scuttles on the roofs of such houses and buildings, and stairs
or ladders leading to the same; and whenever any penalty shall
have been recovered against the owner or occupant of any house
or other building for not complying with such ordinance, the Coin
s0
TITLE VII. 
CHARTER OF THE CITY OF EAST SAGINAW.
FIRE DEPARTMENT, &TC.
mon Council may, at the expiration of twenty days after such
recovery, cause such scuttles and stairs or ladders to be copstruc
ted, and may recover the expense thereof, with ten per cent. in
addition, of the owner or occupant whose duty it was to comply
with such ordinance.  [Aot of 1859.]
(~ 183.)  SEc. 3.  The  Common  Council may regulate  and Stovepipes,
May Compelclh i m heys,3
direct the construction of safe deposits for ashes, and  may compel ashes, &cY.
the clearing of chimneys, flues, stovepipes, and all other conductors of smoke, and upon the neglect of the owner or occupant of
any house, tenement, or building of any description, having therein
any chimneys, flues, stovepipes, or other conductors of smoke, to
clean the same, as shall have been directed by any ordinance, the
Common Council may cause the same to be cleaned, and may collect the expense thereof, and ten per cent. in addition, from the
owner or occupant whose duty it was to have the same cleaned.
[Act of 1859.]
(~ 184.) SEC. 4. The Common Council may regulate the use Lamps.
of lights and candles in livery stables and other buildings in which
combustible articles may be deposited, and may prescribe the use
of lanterns or safety lamps in such buildings, and may regulate the       d
Gunpowder
transporting, keeping and deposit 3f gunpowder or other dangerous &c.
or combustible materials, and may prevent or regulate the carrying on of manufactories dangerous in causing or promoting fires,
and may authorize and direct the removal of any hearth, fire-place,
stovepipe, flue, chimney, or other conductor of smoke, or any other
apparatus or device in which any fire may be used, or to which fire
may be applied, that shall be considered dangerous, and liable to
cause and promote fires, and generally may adopt such other regulations for the prevention and suppression of fires, as they may
deem necessary. [Act of 1859.]
(~ 185.) SEc. 5. For the purpose of enforcing such regula- May a p -
point Intions, the Common Council may authorize any of the officers of the spectors,&c.
said city, and may appoint persons at all reasonable times; to enter
into and examine all dwelling houses, buildings and tenements of
every description, and all lots, yards and enclosures, and to cause
such as are dangerous to be put in safe condition, and may authorize such officers and persons to inspect all hearths, fireplaces, stoves,
81
TITLE VII. 
CIfARTERT-OF THE CITY OF EAST'SA GNA4 W.
TITLE VII.                     FIRE DEPARTMENT, &C.
pipes, flues, chimneys, or other conductors of smoke, or any appa         ratus or device in which fire may be used, or to which fire may be
applied, and remove and make the same safe, at the expense of
the owners or occupants of the buildings in which the same may
be, and to ascertain the situation of any building in respect to its
exposure to fire, and whether any scuttles and ladders thereto have
been provided, and generally, with such powers and duties as the
Common Council shall deem necessary, to guard the city from the
calamities of fire.  [4ct of 1859.]
Finre~,n    (~ 186.)  SEc. 6.  The  Common  Council may procure,  own,
build, erect and keep in repair, such and so many fire-engines, with
their hose and other apparatus, engine-houses, ladders, fire-hooks
and fire buckets, and other implements and conveniences for the
extinguishment of fires, and to prevent injuries by fire, and such
and so many public cisterns, wells, reservoirs of water, as they
from time to time shall judge necessary.  [Act of 1859.]
F i r e Dis-  (~ 187.)  SEc. 7.  The Common  Council shall have power to
tricts a n d
Departnme't. organize said city into so many fire-districts as they may deem
necessary, and may organize and maintain a fire department for
said city, to consist of one chief engineer, two asssistant engineers,
twice the number of wardens as there are wards in said city, a
proper number of firemen, not exceeding fifty to each engine, such
number of hook and ladder men,  and such number of hose-men,
as may be appointed by the said Common Council; all to have the
privileges and exemptions of firemen, and to hold their appointment
during the pleasure of the Common Council. [Aci'l of 1859.]
Rules and   (~ 188.)  SEC. 8.  The Common Council may  make rules and
Regula   ions regulations for the government of the said engines, wardens, fire         men, hook and ladder men, and hose-men; may prescribe their re         spective duties in case of fire or alarms of fire; may direct the
dresses and badges of authority, to be worn by them; may pre         scribe and regulate the time and manner of their exercise, and may
impose reasonable fines for the breach of any such regulations.
[Act of 1859.]
Powers and   (~ 189.)  SEC. 9.  The engineers and fire-wardens, under the
duties.   direction of the Common Council, shall have the custody and gen         eral superintendence of the fire-engines, engine-houses, hooks, lad
82 
CHARTER OF THE CITY OF EAST SA GIYA W.
FIRE DEPARTMENT, &C.
ders, hose, public cisterns, and other conveniences for the extinguishment and prevention of fires, and it shall be their duty to see
that the same are kept in order, and to see that the laws and or
dinances relative to the prevention and extinguishment of fires
are duly executed, and to make detailed and particular reports of
the state of their department, and of the conduct of the firemen
hook and ladder-men, and hose-men, to the Common Council, at
stated periods, to be prescribed by the Common Council, and to
make such reports to the Mayor, whenever required by him; the
certificate of the City Clerk that a person is or has been a fireman
shall be evidence of the facts in all courts and places, on proof of
the genuineness of such certificate. [Act of 1859.]
(~ 190.)  SEc. 10.  The Common Council may, by ordinance, Ringing o f
Bells.
direct the manner in which the bells in the city shall be tolled or
rung in cases of fire or alarms of fire, and may impose penalties
for ringing or tolling of such bells in such manner at any other
time than during a fire or alarm of fire. [Act of 1859.]
(~ 191.)  SEc. 11.  The Common Council may provide suitable Compeasacompensation   for any injury                    that any fireman, hook and     ladder tion for In                                                                  juries.
man, and hose man may receive, in his person or property, in consequence of his exertions at any fire. [Act of 1859.]
(~ 192.) SEC. 12. The Common Council may, by ordinance: G en era I
Powers.
First, Prescribe the duties and powers of the engineers  and
wardens at fires, and in cases of alarms of fire, and may vest in
them such powers as shall be deemed necessary to preserve property from being stolen. and to extinguish and prevent fires;
Second, Prescribe the powers and duties of the Mayor  and Al- Mayor and
Aldermen.
dermnen at such fires and in cases of alarm;
Third, Provide for the removal  and keeping away from such suspicious
fires, of all idle, disorderly or suspicious persons, and may confer Persons.
powers for that purpose on the engineers, fire wardens or officers
of the city;
Fourth, Provide for compelling persons to aid in the  extin- FCompel aid
at Fires.
guishment thereof by forming lines or ranks for the purpose of
carrying water, and by all proper means to aid in the preservation
removal and securing of property exposed to danger by fire;
Fith, To  compel the Marshal, Constables and Watchmen of Marshalland
others.
83
TITLE VII. 
CHARTER OF TIHE CITY OF EAST SAGINAW.
TITLE VII.                    FIRE DEPARTMENT, &C.
the city to be present at such fires, and to perform such duties as
the said Common Council shall prescribe.' [Act of 1859.]
Arrest fo r
Arrest l to (~ 193.) SEC. 13. Whenever any person shall refuse to obey
r e f usal to 
obey orders any lawful order o f a ny Engineer, Fire-Warden, Mayor or Alderauthorized.
man,t.t any fire, it shall be lawful for the officer giving such order,
to arrest, or to direct orally any Constab)le, Watchman or any citi         zen, to arrest such person and confine him temporarily in any safe
place, until such fire shall be extinguished, and ia the same man         ner such officers, or any of them, may arrest or direct the arrest
and confinement of any person  ati  alch  fire, who shall be intoxi         cated or disorderly. [.Ae& of 1859.]
Hazardous   (~ 194.)  SE. 14.  Whenever any building in said city shall be
]Buildings.
on fire, it shall be the duty, and be lawful for the Chief Engineer,
with the consent of the Mayor, or any Alderman, or for any two
Aldermen, to order and direct such building, or any other building
which they may deem hazardous, and likely to communicate fire to
other buildings, or any part of such building, to be pulled down
and destroyed, and no action shall be maintained against any per         son, or against the said city therefor; but any person interested in
any such building so destroyed or in bred, may, within three
months thereafter, apply to the Common Council to assess and pay
Damages. the damages he has sustained. At the expiration of the three
months, if any such application shall have been made in writing,
the Common Council shall either pay the said claimant such sum
as shall be agreed upon by them and  the said claimant for such
damages, or if no such agreement shall be effected, shall proceed
to ascertain the amount of such damages, and shall provide for the
appraisal, assessment, collection and payment of the same in the
same manner as is provided by title seven of this act, for the as         certainment, assessment, collection and payment of damages sus         tained by the taking of lands for purposes of public improvement.
[.Aet of 1859.]
1'rovisions  (~ 195.)  SEc. 15.  The Common Council shall have full powc o ncerning
steam crafts er and authority to prohibit by ordinance any and every steam         boat, propeller, or other craft propelled or operated, either in
whole or in part, by steam, from landing or approaching within one
aVide. Sec. 13, Title 4.
84 
CHARTER OF IW'E CITY OF EAST SAGINAW.
FIRE DEPARTMENT, &C. 
hundred feet of any dock or wharf or bankE, in said city, unless
provided with a good and sufficient spark catcher, so as to prevent
cinders or sparks passing into the open air, to the danger of firing
any property in said city, and may enforce such ordinance by a
fine not exceeding five hundred dollars against the master or
owner, or person having charge of the said steamboat, propeller, or other craft, shall, by the direction or command of the master, owner, or person having charge thereof, violate the provisions
of such ordinance, and be convicted thereof, and a fine being imposed therefor by the Recorder's Court, such.fine and all the costs
of the proceedings shall be a lien on such steamboat, propeller or
other craft, and may be enforced in the name of the city against
such boat, vessel, or craft, in the same manner as any other lien
may be enforced. [Act of 1859.]
85
~ITLE VII. 
CL4HARER OF THE CITY OF EAST SAGINAW.
SUPPORT OF THE POOR.
TITLE VIII.
SUPPORT OF THE POOR.
SECTION.                           SECTION.
1. Director of Poor, powers of     4. Alms-Houses Government of
2. Indigent Persons; how sup- 
ported.                         5. Alms-Houses;  Labor of in             3. Alms - Houses;  How  to be           mates.
erected.                       6. Poor Fund; provisions for.
Director of  (~ 196.)  SEC. 1.  The  Director of the Poor  elected in said
the P o o r,
Powersof  city, as hereinbefore provided, shall be the Director of the Poor
of said city, and shall possess all the powers and authority of Di          rectors of the Poor of towns in this State, in relation to the sup          port and relief of indigent persons, the binding out of children
who shall solicit alms, or who, or whose parents shall become
chargeable to the said city, or to the County of Saginaw, in said
city; the safe keeping and care of lunatics; the care of habitual
drunkards; the binding out and contracting for the service of dis          orderly persons; the support of bastards; and all such other pow          ers as are conferred on Directors of the Poor in the respective
towns, and shall be subject to the same duties, obligations and lia          bilities.'  [A,4ct of 1859.]
Indigentper  (~ 197.)  SEC. 2.  Until provisions shall otherwise be nmade,
sons; how
supported. as hereinafter authorized, the indigent persons, and such others as
shall be entitled to relief under the laws of this State, who are or
shall become chargeable to the said city, being in the said city,
shall continue to be supported and relieved in the mnianner provided
by law in respect to the County of Saginaw.b  [4et of 1859.]
Erection of  (~ 198.)  SEc. 3.  Whenever the Common Council shall deemi
Alm,8-ho,u,- it expedient, they may, by a vote of two-thirds of all the members
ized.     thereof, cause an  alms-house to be erected within or without the
ze.thereof, cause an alm-s-houtse to be erected withini- or without the
,Vide, Sec. 36, Title 3.
Vide, Sec. 1, Title 5.
86
''TITLE VnIT. 
CHARIER OF I'HE CITY OF EAST SA GINA W.
SUPPORT OF THI-E POOR.                       TITL, VIII.
city limits, being authorized thereto as herein provided, and may
appoint as many Commissioners to take charge thereof as they
may judge necessary, and may raise the expense of the maintain ing of the alms-house by a tax or taxes on the real estate within
the said city, and on the personal property of residents therein, in
the same manner as hereinbefore provided in respect to taxes for
the general expenses of the said city, and the same proceedings for
that purpose shall be had in all respects.' [.ct of 1859.]
(~ 199.)  SEc. 4.  The  Common  Council shall appoint such Governme't
of Alms other officers and servants for the government and management of Houses.
the said alms-house as they shall deem  necessary, and they, to gether with the said Commissioners, shall hold their appointment
during the pleasure of the Common Council;b and the Common CouD cil shall make such regulations as they think necessary for the gov ernment, management, support and good order of the said almshouse, its tenants, officers, keepers and servants.  LAct of 1859.]
Labor of
(~ 200.) SEC. 5. The Commnon Council may cause such labor inmates.
in manufactures or otherwise, to be performed by the tenants of
such alms-house as they shall prescribe, and may provide the materials and implements therefor at the expense of the city.  [.ct of
1859.]
(~ 201.)  SEC. 6.  All moneys that shall be raised in the said Poor Fund
provided.
city by licenses to groceries, tavern-keepers or common victualers,
and for penalties for the violation of any law of this State regulating the retailing of spirituous liquors, shall be paid into the city
treasury, and shall belong to and constitute a part of the fund of
the city for the support of the poor therein, and shall be deposited
for safe keeping by the Treasurer as other moneys under his care;
and accounts thereof shall be kept, and the same shall be drawn,
in the manner hereinbefore prescribed in relation to the funds of
said city.c [Act of 1859.]
aVide, Sec. 20, Title 5.
bVide, Sec. 5, Title 2.
cVide, Sec. 8, Title 5.
87 
CHARTER OF THE CITY OF EAST SAGINAW.
COURTS OF JUSTICE.
TITLE IX.
COURTS OF JUSTICE.
SECTION.
1. Establishes the Recorder's
Court.
2. Clerk and Deputy.
3. Jurisdiction and general pow     ers.
4. Trial by Jury; how empan     neled.
5. How summoned.
6. Penalty for refusal to serve.
7. Compensation of Jurors.
8. Oath of Office, relating to
jury.
9. Terms of Court.
10. Clerk, duties of.
11. Journal, a public record,
12. Journal may be used in evi      dence.
13. Clerk or Deputy to attend
Court.
14. Additional powers.
15. Marshal and Constables; du      ties of.
16. Rules, Execution, Judgment,
&c.
17. Costs and fees of officers.
18. Of writs, process, tests and
seal.
19. Actions; how commenced and
prosecuted.
SECTION.
20. Appeals from Justice Courts.
21-23. Certiorari.
24. Entry fees to be paid.
25. Cause may be removed to Su     preme Court.
26. Fines, Penalties,  &c., how
paid and whom to.
27. Of Offenses and  Misdemean      ors.
28. Proceedings  in   Recorder's
Court.
29. Common Council authorized
to build City Penitentiary;
government of same.
30. Who may be confined in City
Penitentiary.
31. Use of County Jail allowed.
32.-33. Of Justices of the Peace.
34. East Saginaw: suits may be
brought in name of city of.
35. City may appeal.
36. Penalty:  forfeitures: execu     tion.
37. Moneys secured; how applied.
38. Who to be deemed vagrants;
how punished.
39. Disorderly persons; how pun      ished.
R ecorder's  (~ 202.)  SEC. 1.  The Recorder shall have full power and au    Cour t. thority to hold and keep a court, which shall and is hereby de         clared to be a court of record, and known in the laws as and by
the name of " The Recorder's Court of the City of East Saginaw,"
and shall have an appropriate seal, which shall be provided by the
Recorder, and kept by the Clerk thereof, who shall keep a record
of the proceedings of the said court. [Act of 1859.]
I
88
TITLF, IX. 
CHARPTER OF THE CITY OF EAST SAGINATV.
COURTS OF JUSTICE.                      TITLE IX
(( 203.) SEC. 2. The Recorder may appoint a clerk of the Clerk.
Recorder's Court, who shall give such bonds as the Recorder shall
approve, for the faithful performance of his duties, and who shall
be removable at the pleasure of the Recorder.   The  clerk of the
Recorder's Court may appoint a deputy, who shall be authorized Deputy.
to perform all the duties of the clerk, but the clerk and his sureties shall be reponsible for the acts of the deputy. 8  [Act of 185S9.]
(~ 204.) SEC. 3. The jurisdiction of said Recorder's court Jurisdiction
and powers
shall extend to, and said court shall have original  and exclusive of Recor                                                                   der's Court.
jurisdiction, and shall have power to hear, try and determine all
civil actions arising in said city, wherein said city, in its corporate
capacity, shall be a party, or any city or ward officer, in his official
character, shall be a party; all charges complaints, actions and
prosecutions for the recovery of any and all forfeitures and penalties for alledged violations or infringements of the acts of the
legislature of this State incorporating said city, except in cases
where jurisdiction is especially given to some other court by this
act; all offenses  against any  by-laws or ordinances of said city
except as provided in section 15, of title 4, of this act as amended,
and all actions for encroachments upon or injury to any of the
streets, lanes, alleys, bridges, parks, or other public improvements
of said city; and concurrent jurisdiction in all actions wherein the
title to lands shall come in question, wherein the said city, or any
city or ward officer, as such, shall be a party; and said court shall
also have exclusive appellate jurisdiction of all actions brought
before justices of the peace to recover forfeitures or penalties for
alleged violations of any ordinances of said city, or violations of
this act for the violation of which, by said ordinance or by this act,
such justice of the peace has cognizance. [.Acet of 1865.]
(~ 205.)  SEc. 4.  Whenever  either party shall demand that Trials a,
Jury.
the cause be tried by a jury, before the trial thereof shall have 
been commenced, and shall pay the sum of three dollars to the H o w -E                                                                  panneled.
clerk of said court,  the Recorder  shall direct the Marshal or
any Constable of said city in attendance to make a list of names
of twenty-four citizens, who shall be residents of said city, having
the qualification of jurors in the Circuit Courts of this State, from
a Vicle Sec. 37, Title 4.
80 
C,HARTER OF TIlE CITY OF EAAST SA UIiVA IF.
TITLE IX.                       COURTS OF JUSTICE.
which list the plaintiff and defendant shall alternately strike out
one until each shall have struck  out six  names —the person de          manding  the jury shall  first strike out, and in case the said city
shall be a party, the City Attorney shall strike on behalf of said
city; if either party refuse to strike out, then the clerk shall do so
in his stead, under the direction of the court; and the remaining
names shall constitute the jury.   When no jury is demanded, the
cause shall be tried by the Recorder, unless the Recorder shall, on
his own motion, order a jury, in which case a jury shall be selected
as hereinbefore provided. [Act of 1859.]
(~ 206)  SEC. 5.  The clerk when such jury fee shall be paid
Suimmons. shall thereupon issue a venire, directed to the Marshal or any Con          stable of said city, commanding such officer to summons such per          sons named in the venire to attend said court at a time and place
therein specified to serve as jurors.  [Act of 1859.]
PenfualtyfO   (~ 207.)  SEC. 6.  Every juror  summoned,as aforesaid,  who
serve. -shall neglect or refuse to attend at the time and place [named] in
such venire, shall be liable to a fine of not less than one nor more
than ten dollars and costs, and may be brought before the court
for that purpose by attachment issued under the seal of said court
tested by the [Recorder] and signed by the clerk, but no such fine
shall be imposed after the period of thirty days from the timne he
became liable as aforesaid. [Act of 1859.]
ConPiensa-  (~ 208.)  SEc. 7.  Every juror serving in any cause tried in
tion.  said court shall be entitled to receive the sum of twenty-five cents
if the jury agree.  [Act of 1859.]
Oa~t.h     f  (~ 209.)  SEC. 8.  The officer shall, in all cases, before making
out such list of names for jurors, be sworn to make such list with         out favor or partiality to either party, and in case any of the jury
so summoned shall neglect or refuse to attend, or cannot be found
after diligent search and inquiry in said city, or shall be excused
from serving, talesmen may be summoned from the inhabitants of
said city, as in other courts of record.   [Aect of 1859,]
e r n s of  (~ 210.)  SEC. 9.  The  Recorder's  court shall be held on the
Court.    second Monday of each month, and the terms of said court may
be continued until the business is disposed of; and special sessions
may be held as often as may be deemed necessary for the dispatch
of business, and it shall be lawful for said Recorder or Clerk to
90
TITLE IX. 
,IIARTER OF TIIE CITY OF EAST SA GINA IV.
COURTS OF JUSTICE.                         TITLE IX.
administer oaths to witnesses on the trial of a cause, to take affidavits or depositions to be read in said court under the rules and
practice thereof, and to receive therefor the same fees as is allowed
for similar services in the Circuit Court to the Clerk thereof
[Act of 1859.]
(~ 211.   SEC. 10.  The Clerk of said court shall keep a journal Dutryk of the
' ~~~~~~~~~~~~~~~~~~~~Clerk.
of the proceedings of the court, under the direction of the Recorder, and all entries therein shall be read in open court by the
Clerk, from  day to day, and shall be corrected when necessary,
and signed by the Recorder. [Act of 1859.]
Jeurnal a
(~ 212.) SEC. 11. The said journal shall be and remain a pub- Public -Re
lie record in the office of the clerk of said court, and shall be by Ord.
him delivered over to his successor in office, together with the
books and papers belonging to said office; and the Recorder's successor in office shall be authorized to continue and complete all
proceedings begun by his predecessor.  [Act of 1859.]
(~ 213.)  SEC. 12.  Any record or entry made in said journal  May bereaed
'  ~~~~~~~~~~~~~~~in evidence.
as aforesaid, may be read in evidence in all courts of justice, and
in all proceedings before any officer, body or board, in which it
may be necessary to refer thereto, either from the journal itself, or
from a true and certified copy thereof, certified by the Clerk, with
the seal of the court affixed; and in all cases whenever it shall
become necessary in any action or other proceeding before said
Recorder's court, to give evidence of a judgment or other proceeding had before said court, the original entry of such judgment or
other proceeding shall be good evidence before said court.   [Act
of 1859.]
(~ 214.) SEC. 13. It shall be the duty of the said Clerk, either Clerk to at                                                                 tend court.
in person or by his deputy, to attend every term of said court, both
general and special, and he shall have the care and custody of the
seal of the said court and of the records, books and papers pertaining to the office of Clerk of said court, and filed or deposited
therein. [Act of 1859.]
(~ 215.) SEC. 14. The said Recorder's court shall have power Powers of
R e corder's
to take recognizance for keeping of the peace and good behavior, Court.
and for appearance before said court, or any other court, at any day
or term; and full power to punish for contempt of court by fine or
imprisonment, or both, but such fine shall not exceed twenty-five
dollars, nor such imprisonment sixty days.  LAct of 1859.]
91 
CHA.4R TER OF TIE CIT'Y OF EAST SAGlIYA W.
TITLE IX.                      COURTS OF JUSTICEs
MOarsal -d   ( 216.)  SEC. 15.  The Marshal, and so  many  Constables as
C o n stables'
to attend. may be required, shall attend the Recorder's court, and discharge
all the duties of their respective offices; and the said Marshal and
other ministerial officers of said city, shll execute and return all
processes issuing out of said court to them directed, in the same
manner as Sheriffs or other officers of courts of record in this State.'
[Alct of 1859.]
PRules, Exe-  (~ 217.)  SEC. 16.  The Recorder's court shall have power and
CU t i 0 l 
j u (gments, authority to make all rules for the practice in such court, and may
issue execution upon any judgment, fine or penalty entered by said
court, and may levy and collect the amount of such judgment in
the same manner as executions issued out of the Circuit Court for
the County of Saginaw; such executions shall be made returnable
in sixty days from the date thereof, and may authorize the taking
of the body of the person against whom the execution runs; in all
cases where such taking is authorized by the laws of this State on
executions issuing out of the Circuit or other courts in the State,
or by any ordinances of the City of East Saginaw, for the viola         tion of which such arrest or taking is authorized. [Act of 1859.]
Costs and   (~ 218.)  SEC. 17.  And said court shall have power, from time
fees of offi
,er s.   to time, to establish the costs and fees of all the officers of said
court, which costs and fees shall not exceed those now established
by the rules and practice of the Circuit Court of Saginaw County
for like services, and said costs and fees shall be taken and made a
part of the judgment and levied and collected therewith. The
Recorder shall have the following fees:-for deciding  a cause, on
motion, two dollars; for trial, three dollars, which shall be in full
for his services in such cause, which shall also be taxed and col         lected as aforesaid.  [Act of 1859.]
W r it o r   (~ 219.)  SEC. 18.  All writs and process from the  Recorder's
process.
court shall run in the name of the people of the State of Michigan,
be directed to the Marshal or any Constable of said City, shall
bear teste in the name of the Recorder, shall be sealed with the
seal of said court, signed by the Clerk and dated on the day OIn
which the same shall be issued. [Act of 1859.]
,Act i ons   (~ 220.)  SEC. 19.  Actions may  be commenced  in said court
ahow c om -
mnenceed and in the same manner as is provided by law for the commencement
prosecuted.
"Vide, Sec. 13, Title 4.
92 
CtIARTER  OF THE  CITY OF EAST SAG~IL4 i.                             93,
COURTS OF JUSTICE.                           TITI,E 1I.
of suits in the Circuit Courts of this State, and to this end the
City Clerk is hereby authorized to procure the necessary books, at
the expense of the city, and all provisions of law relative to trials
of causes in Circuit Courts shall apply to said Recorder's  court,
except as herein otherwise expressed; and actions for the recovery
of penalties and forfeitures arising for violations of any of the
ordinances or by-laws of said city of which said'Recorder's court
or any justice of the peace of said city has jurisdiction, may be
commenced and prosecuted in the same manner as is by law provided for the recovery of fines and penalties for breach of any statute
of this State; and all prosecutions for offences in said Recorder's
court, arising under this act or under any ordinance or regulation
of the Common Council, shall be in the name of the people of the
State of Michigan, and be commenced by filing an affidavit, duly
sworn to before said clerk, and subscribed by the person making
the complaint, and having endorsed thereon the proper jurat of
said Clerk; and it shall be deemed sufficient to set forth in said
complaint the offence complained of according to its substance;
the trial shall be had and determined upon said complaint and
upon pleadings which may be amended in the same manner as indictments and pleadings under the general laws of this State.
[Act of 1865.]
(~ 221.) SEC. 20. Appeals may be taken to said Recorder's Appea.l.
court from any judgment of any Justice of the Peace elected
within said city, upon any suit or prosecution for a violation of
any of the provisions of this act, or of the by-laws or ordinances
of said city, of which such justice h.s jurisdiction, by filing with
the justice by whom such judgment was rendered, a like affidavit
and bond or recognizance, as is or may at the time by law be required on appeals in civil cases from Justice to Circuit Courts in
this State, and all such provisions of law relative to appeals from
Justices Courts to the Circuit Court, shall apply, as far as practicable, to the said RPecorder's Court. [Act of 1859.]
(~ 222.)  SEC. 21. Writs of certiorari may be sued out of said Cert;.oatri.
Recorder's court, to any Justice's court of said city, on any judgment rendered by such Justice of the Peace, in any action brought
to recover a penalty or forfeiture for the violation of any provision
of this act, or the violation of any by-laws or ordinances of said 
Cl4ARI'P'R OF TaIgI UITY OF EAST S4Gi?YA4 ~T
JTi:I,E IX.                     COURTS OF JUSTICE.
city, ill the same manner, as near as may be, and with the like
effect as certioraris from Circuit Courts, and all provisions of law
relating to certiora)is from Circuit Courts in civil cases, shall ap          ply as near as may be to the Recorder's Court, except that the
allowance of such writ shall be granted by the Recorder   [Act of
1S59.]
Ibid.       (~ 223.)  SEc. 22.  In any case of appeal from any  Justice's
Court within said city, or in case a certiorari shall issue from said
Recorder's Court directed to such Justice, such Justice shall make
a return of the proceedings had before him. in like manner in all
respects, as is by law required relative to return froml Justice's
Courts  to the  Circuit Court ill cases  of appeal and certiorari.
[Act of 1859.]
Ibid.       (~ 224.)  SEC. 23.  The Recorder's Court shall have power to
hear, try and determine said appeal, and the judgment of said
court shall be final, except that the same may be carried to the
Supreme Court, in the same manner in all respects, as cases in the
Circuit Court are taken to the sa d Supreme Court; and said Re         corder's Court shall hear and determine all matters brought before
him by writ of eertiorari, in the same manner as such cases a-e
disposed of in the Circuit Court. [cet of 1859.]
Entryfee.    (~ 225.)  SEC. 24.  The same entry fee shall be paid the Clerk
of said court in causes commenced, or brought into the Recorder's
Court, as is required in like cases iT.  the Circuit  Court, except
when the cause is commenced or brought into said  Recorder's
Court on behalf of the city, or a city or ward officer in his official
character. [Act of 1859.]
Removal to  (~ 226.)  SEC. 25.  Any  cause  conlmenicued in the RecorderIs
u 1) r e me
(Court.    Court, and any case brought in said court by appeal or certiorari,
and determined therein, may be taken to the Supreme Court of
this State, in the same manner as causes removed to said court
from the Circuit Courts of this State, by bill of exception, case
made, writ of error, or otherwise. [Act of 1859.]
Pines, pen- (~ 227.) SEC. 26. aIt shall be the duty of the lMarshal, or of
alties, &C. any Constable, to pay into the hands of the Clerk, immediately on
the receipt thereof, all fines, penalties, and costs, imposed by said
Recorder's Court, who shall forthwith pay the costs to the officers
-Vide Sec. 3, Title 5 and Sec. 6, Title 8.
94 
CIIARTlMR OF THE CITY OF EAST SAGI~YAT.
COURTS OF JUSTICE.                           TITLE TX.
entiled thereto; and said  Clerk  shall, on or before the first of
each month, pay such money into the city treasury, and he shall
make quarterly reports to the Common Council, of all the cases
disposed of in said court, stating the several entry and jury fees
paid, fines and penalties imposed, the nmanner in which  the same
may have been satisfied, and the sumis which he may have paid
to said Treasurer from time to time, as aforesaid, which  report
shal] be published with the proceedings of the Council.   [Act of
1859.]
(~ 228.)  SEc. 27.  The said Recorder's Court shall have full Offences and
power and authority to hear, try and determine, according to the mr;sd'emeanlaws of this State, atid according to the course  of common law,
all offenses and lmisdemeanors of whlichl said court has jurisdiction
or cognizance by this act, although no by-law or ordinance shall
have been made or passed relative to such offense.  [Act of 1859.]
(~ 229.)  SEc. 28.  Whenever any person or persons charged Proceedings
with any offense supposed, by such charges, to have  been  committed within the limits of said city, against the provisions of this
act, or in violation of any by-laws or ordinances of the said  city,
shall depart from, lurk or reside without the limits of said city,
the recorder's court in session, or the Recorder in vacation, is
authorized and empowered, and it is hereby made his duty, to
command the Marshal or any Constable of said city, or the Sheriff
or Sheriffs of any county or counties, or any Constables of any
township within this State, by a writ of capias, under the seal of
sa:id court, to arrest the body or bodies of such person or persons
so charged as aforesaid,  and  such  person or persons have before  the  Recorder's  Court,   agreeably  to  the  exigency  of
said writ, to be dealt with according to law; and the officer or
officers to whomn such capias shall be directed anddelivered are
hereby required to use due dilligeniee in executing the same, under
such pains and penalties  as are by law incurred by any Sheriff or
other officer neglecting or refusing to execute any capias or other
process to him  or them  directed  and delivered; and in ease the
person so charged as aforesaid shall be within the limits of the
County of Saginaw, the writs of capias may be directed to the
Marshal or any Constable of the said city, who shall be authorized
to serve the same within the limits of said county; but before
such ecapias shall issue, such person or persons preferring the charge
95 
(fIIARTER OF TilE CITY OF EASTA SA GICA T 
TITLE IX.                         COURTS OF JUSTICES.
mentioned in this section shall file with the Clerk of the Court se          curity for all the costs in case of acquittal, unless such charge is
preferred by a public city officer; in which case no such security
shall be required. [Act of 1859.]
City Peni-  (~ 230.)  SEC. 29.  The  Common  Council  of  said  city shall
tentiary.
have power and authority whenever they shall deem  it expedient,
to provide a city penitentiary, where all persons charged with, or
convicted of, offences or misdemeanors against the charter, by-laws
or ordinances of said city, may be confined, imprisoned, until dis         charged by authority of law; and the said Common Council shall
Governime' t
of        appoint all officers necessary for said penitentiary, prescribe their
powers and duties, regulate the time and manner such prisoners
shall be kept at labor, and make all by-laws, ordinances or orders
concerning the good government and regulation of said penitenti
ary, and for the punishment of such prisoners as may refuse to
work therein, as they may deem necessary and proper. [Aet of
1859.]
WhCo( nmayd (~ 231.) SEC. 30. Any person arrested bv virtue of any protbe confaned
in penit ntiary.    cess issuing from any court of justice in said city, or by authority
of any officer of said city, may be confined in said penitentiary, in
the same manner as prisoners are or may be detained in the jail of
Saginaw County; and any law of this State prohibiting  escapes,
aiding prisoners to escape, or any other act detrimental to the
safety of prisoners in a county jail, shall apply to said prison:
r.ovio.   Provided, The Comnlmon Council or the Mayor or Recorder of said
city may at any time direct any or all such persons to be re         moved from said penitentiary to the jail of the County of Saginaw:
Jr,io- io    And, provided also, Such  prisoners, or any of them, may  at any
time, in the first instance, be confined in the said county jail when         ever the same may be deemed necessary by said Common Council;
and the keeper of said jail or penitentiary shall be allowed such
compensation for keeping and providing for prisoners confined
therein as the Common Council may determine to be just and
reasonable, not exceeding the amount allowed by the Supervisors
of Saginaw County for county prisoners. [Act of 1859.]
1-oeofcoun-  (~ 232.)  SEC. 31.  Until the Common Council shall have proty jail a I -
tlowaed.    vided a city penitentiary as hereinbefore provided, the Courts of
Justice in said city shall have power to imprison in the jail of the
9i6 
CHARTER OF THE CITY OF EAST SAGINAW.
COURTS OF JUSTICE.                      TITLE IX.
County of Saginaw, and it is kereby made the duty of the keeper
of said jail to receive such persons as are brought to his custody
by authority of any of said courts, or the Common Council, or any
officer of said city authorized so to commit such person, in the
uame manner as any court of record of this State, or other competent authority, is authorized to commit to said jail. [Act of 1859.]
(~ 233.) SEc. 32. The Justices of the Peace in the said city Justices of
the Peace.
exercising civil jurisdiction, shall be deemed Justices of the Peace t
of the County of Saginaw, and shall be subject to the general
laws of the State in relation to civil causes before Justices of the
Peace, and appeals from their judgment may be made in the Circuit Court for the County of Saginaw, in the same manner as
appeals from Justice's judgments in towns are made. [Aet of
1859.]
(~ 234.) SEC. 33. The Justices of the Peace of said city shall Ibid
have all the authority of Justices of the Peace in towns in criminal matters, and shall have all the authority and perform all the
duties hereinbefore provided and required of them, and shall hold,
a session of court daily, if necessary. [Act of 1859.]
(~ 235.)  SEC. 34.  All suits which shall be brought to recover Sueitr t ahOwn
Suits, how
any penalty or forfeiture for the violation of any ordinance of the brought.
Common Council, shall be brought in the name of the City of East
Saginaw, under the direction of the Common Council, or of the
Attorney of said city, and no person being an inhabitant, freeman
or freeholder of the said city, shall be disqualified for that cause citizens not
disqualified
from acting as a judge, justice or juror in the trial or other proceeding, in any suit, brought to recover a forfeiture or penalty for
the violation of any provisions of this act, or for the violation of
any ordinance of the Common Council, nor from serving any process summoning a jury in such suit, or from acting in any such
capacity, or being a witness on the trial of any issue, or upon the
taking or making any inquisition or assessment, or any judicial investigation of facts, to which issue, inquest or investigation the
said city, or any city or ward officer, is a party, or in which said
city or such officer is interested; nor shall any judge of any court
be disqualified to hear and adjudicate on an appeal in any matter
originating in said city, because he is an inhabitant thereof.
[Aet of 1859.]
97
TITLF, IX. 
98               CHARTE R OF THE CIT'Y OF EAS' SA GINA W.
TITLE IX.                       COURTS OF JUSTICE.
JFag     (u 236.)  SEC. 35.  If any judgment in any action shall be
against the
tpitypmeay be rendered against the city by any Justice of the Peace, such judge
appealed.
ment may be removed by appeal to the Recorder's Court of the
(city) of East Saginaw, in the same manner and with the same
effect as though the city were a natural person, except that no
bond or recognizence, to the adverse-party, shall be necessary to
be executed by or on behalf of said city. [Act of 1859.]
Execution (~ 237.) SEC. 36. Every execution for any penalty or forto issue im-..
mediately. feiture recovered for the violation of any of the provisions of this
act, or for the violation of any by-laws or ordinance of said city,
may be issued immediately on the rendition of the judgment, and
shall command the amount to be made of the property of the de          fendant, if any such can be found, and if not, then to commit the
defendant to the county jail or city penitentiary, for such time as
shall have been directed by the ordinance of the Common Council
or the judgment of the court. [Act of 1859.]
M o n e i;s   (~ 238.)  SEC. 37.  The  Common  Council  may  direct  any
moneys that may have been recovered for penalties or forfeitures
to be applied to the payment of any extra expenses that mayhave
been incurred in apprehending offenders or in subpoenaing or de         fraying the expenses of witnesses in any suit for such penalties or
forfeitures, or in conducting such suits. [Act of 1859.]
Who to be  (~ 239.)  SEC. 38.  All persons being habitual drunkards, desdeemed Vagraents. atitute and without visible means of support, or who being such
habitual drunkards, shall abandon, neglect or refuse to aid in the
support of their families, being complained of by such families;
all able-bodied and sturdy beggars who may apply for alms or so         licit charity; all persons wandering abroad, lodging in watch         houses, out houses, market places, sheds, stables, or uninhabited
dwellings, or in the open air, and not giving a good account of
themselves; all common brawlers and disturbers of the public
quiet; all persons wandering abroad and begging, or who go about
from door to door, or place themselves in streets, highways, pasH  w pun sages or other public places, or beg or receive alms within the said
ished.
city, shall be deemed vagrants, and may upon conviction before
any Justice of the Peace in said city, be sentenced to confinement
at hard labor in the county jail or city penitentiary for any time
not exceeding sixty days. [Act of 1859.] 
CHARTER OF THE CITY OF EAST SAGIIVA W.                            99
COURTS OF JUSTICE.                         TITLE IX.
(~ 240.)  SEC. 39.  All persons who shall have actually aband- Deirsoordserly
Persons.
oned their wives or children in the City of East Saginaw, or who
may neglect to provide according to their means for their wives
or children, are hereby declared to be disorderly persons within
the meaning of chapter thirty-nine of title nine of the revised
statutes of eighteen hundred and forty-six, and may be proceeded
against as such, in the manner directed by said title; and it shall
H 0 w punbe the duty of the magistrate before whom any such person may ished.
be brought for examination, to judge and determine from the facts
and circumstances of the case whether the conduct of such person
amounts to such deseation or neglect to provide for his wife or
children. [Act of 1859.1
I I, a.                    #
I I    a. a I   e."
I Ad "I,  
CHARTER OF I'HE CITY OF EAST SAGINA W.
PUBLIC HEALTH.
TITLE X.*
PUBLIC HEALTH.
1. Provides for Board of Health.    7. Requires Inn-keepers, Physi            2. Powers and duties of Board;          cians, &c., to report; Penal                Pest House, Hospital, &c.          ty for neglect.
3. Captains of Vessels required    8. Money for fines; how applied.
to report, &c.                 9 General Powers of Council to
4. Conductors of Public convey-        preserve health ]
ances liable.                 10. Unsafe buildings, &c., may be
5. Penalty  for using infected         removed
clothing, &c.                 11. City Clerk to be Clerk of
6. Board may quarantine steam-         Board of Health.
boats and vessels
(~ 241.)  SEC. 1.  The Common Council of said city may conB o a r d of stitute a Board of Health for said city, and may appoint a compeHealth.
tent physician to be the health officer thereof.
(~ 242.)  SEC. 2.  The said Board of Health shall have power,
Powle8n and and it shall be  their duty, to take such measures as they shall
deem effectual to prevent the entrance of any pestilential or infec          tious disease into the city; to stop, detain, and examine, for that
purpose, every person coming from any place infected, or believed
Pest House to be infected, with such a disease; to establish, maintain  and
Hospital   regulate a pest-house or hospital, at some place within the city, or
not exceeding three miles beyond its 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, and who shall be, or be suspec         ted of being, infected with any such disease, 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 two other physicians of the city, in         eluding the attending physician of the sick person, if he have one,
shall certify that the removal of such resident is necessary for the
preservation of the public health; to remove from the city or desI n ap ectedGoo&.     troy any furniture, wearing-apparel, or goods, wares  or merchan           *[Act of 1859.]
100
TITLE X.
if   i,, -.,'. 
CHARTER OPF THE CITY OF EAST SAGINAW.                               101
PUBLIC HEALTH.                             TITLE X.
dise, or other articles or property of any kind, which shall be suspected of being tainted or infected with any pestilence, or which
shall be, or be likely to pass into such a state as to generate and
propagate disease; to abate all nuisances of every description,
which are or may be injurious to the public health, in any way and
in any manner they may deem expedient; and from time to time
to do all acts, make all regulations, and pass all ordinances which
they shall deem necessary or expedient for the preservation of
health and suppression of disease in the city, and to carry into
effect and execute the powers hereby granted.
({ 243.) SEC. 3.  The captain, master, or person in charge of any Duaptai es of
t'aptains' of
steamboat or other craft or vessel which shall enter the city, having Ve8ssel, &C.
on board thereof any person sick of any malignant fever or other
pestilential or infectious disease, shall be guilty of a misdemeanor,
punishable by fine or imprisonment, unless the person so diseased,
became so on the way, and could not be left. It shall be the duty
of such captain, master, or person in charge, within two hours after
his arrival, to report in writing to the Mayor, or some health officer,
the fact of such sick person's being on board, and the name, description and location of his craft; and he shall not permit such sick
person to land or to be landed, until the board of health, or some
member thereof, shall give permission for that purpose; and any Penalty.
neglect or violation of these provisions, or of any or either of them,
shall be a misdemeanor, punishable with fine and imprisonment.
(~ 244.)  SEC. 4.  The owner, driver, conductor, or person in CfoPnduubtors
of Public
charge of any stage-coach, railroad car, or other public conveyance  conveyatnces
to report.
which shall enter the city, having on board any person sick of a
malignant fever or pestilential or infectious disease, shall, within
two hours after the arrival of such sick person, report in writing
the fact, with the name of such person, and the house or place
where he was put down in the city, to the Mayor, or some member Penalty.
or officer of the Board of Health; and any and every neglect to
comply with these provisions or any of them, shall be a misdemeanor, punishable with fine and imprisonment.
(~ 245.)  SEC. 5.  Any  person who shall, knowingly, bring or
procure, or cause to be brought into the city any property of any
kind, tainted or infected with any malignant fever or pestilential 
CHARTER OF THE CITY OF EAST SAGINAW.
PUBLIC HEALTH.
or infectious disease, shall be guilty of misdemeanor, punishable
by fine and imprisonment.
fQOuraentaine  (~ 246.)  SEC. 6.  The Board of Health shall have power, by an
f o r Steamboats  a n d order in writing for that purpose, to be served on the captain, masVessels.
ter, or person in charge of any steamboat or other vessel or craft,
or any owner or consignee thereof, if such boat, craft or vessel be
by them suspected to have on board any infected or diseased person
or property, to require such boat or vessel not to enter the city, or
to remove to some certain distance, not exceeding three miles from
the city; and every such captain, master, person in charge, con         signee or owner, who shall be served with such order, shall be guil         ty of a misdemeanor, punishable with fine and imprisonment, if
Penalty. such boat, vessel or craft shall enter the city in violation of such
order. or shall not be removed according to the tenor of such order,
within a reasonable time, not exceeding three hours after the ser         vice of such notice.
Inn-keepers  (~ 247.)  SEc. 7.  Every keeper of an inn or boarding-house or
to report.  lodging-house in the city, who shall have in his house at any time
any sick traveler, boatman or sailor, shall report the fact, and the
name of the person, in writing, within six hours after he came to
the house or was taken sick therein, to the Mayor, or some officer
or member of the Board of Health; every physician in the city
shall report under his hand to one of the officers above named,
P h ysicians the name residence and disease of every patient he shall have, sick
to report.
of any infectious or pestilential disease, within six hours after he
shall have visited such patient.   A violation of either of the pro         visions of this section, or of any part of either of them, shall be a
misdemeanor, punishable by fine and imprisonment; the fine not
to exceed one hundred dollars, nor the imprisonment six months.
Moneys for   (~ 248.)  SEC. 8.  All fines imposed under the last five sections
Fines, how
applied.   shall belong to the city, and when collected shall be paid into the
City Treasury, and be devoted to the maintenance and support of
the pest-house or of any hospital that may hereafter be established
by the city.
G e n era 1  (~ 249.)  SEC. 9.  The Common Councilshall have power to pass
Powers o f
C o m m o n and enact such by-laws and ordinances as they from time to time shall
Council t o
p r e s e reve deem necessary and proper, for the filling up, draining, cleansing,
h e       a lth,
cel e anliness cleaning and regulating any grounds, yards, basins, slips or cellars,
of city, &C.
102
TITLE X. 
CHARTER OF'THE CITY OF EAST SA G JNAW. l
PUBLIC HEALTI.                             TITLR X.
within the said city, that shall be sunken, damp, foul, incumbered
with filth, and rubbish, or unwholesome, and for filing or altering and
amending all sinks and privies within the said city, and for direc.
ting the mode of constructing them in future, and to cause all such
work as may be necessary for the purpose aforesaid, and for the
preservation of the public health and the cleanliness of the city,
to be executed and done at the expense of the city corporation, on
account of the persons respectively upon whom the same may be
assessed, and for that purpose to cause the expenses thereof to be E x pens,s
how deestimated, assessed and collected, and the lands charged therewith frayed.
to be sold in case of non-payment, in the same manner as is provided by law with respect to other public improvements within said
city; and in all cases where the said by-laws or ordinances shall
require anything to be done in respect to the property of several
persons, the expenses thereof may be included in one assessment,
and the several houses and lots in respect to which such expenses
shall have been incurred, shall be briefly described in the manner
required bylaw in the assessment roll for the general expenses of the
city, and the sum of money assessed to each owner or occupant of any
such house or lot shall be the amount of money expended in making
such improvement upon such premises, together with a rateable
proportion of the expenses of assessing and collecting the moneys
expended in making such improvements.
(~ 250.) SEc. 10. Whenever, in the opinion of the Common u n 8 a f e
b u 1 1 dings,
Council, any building, fence, or other erection of any kind, or any fences, &c
part thereof, is liable to fall down, and persons or property may
thereby be endangered, they may order any owner or occupant of
the premises on which such building, fence, or other erection stands,
to take down the same, or any part thereof, within a reasonable
time, to be fixed by the order, or immediately, as the case may require, or in case the order is not complied with, cause the same to
E x p e nses
be taken down at the expense of the city, on account of the owner h o w d eof the premises, and assess the expense on the land on which it frayed.
stood. The order, if not immediate in its terms, may be served on
any occupant of the premises, or be published in the city paper, as
the Common Council shall direct.
103
TITLr X. 
CHARTER OF THE CITY OF EAST SAGINAW.
TITLE X.                        PUBLIC HEALTH.
DCityterk of  (~ 251.)  SEC. 11.  The City Clerk shall be Clerk of the said
city Clerk.
Board of Health, and it shall be his duty to attend the meetings
thereof, and to keep a record of its proceedings, and such record,
or a duly certified copy of the same, or of any part thereof, shall
be prima faoie evidence of the facts therein contained in any court,
or before any officer.
104 
CHARPTER OF THE CITY OF EAST'SAGIVAW.
MISCELLANEOUS PROVISIONS.
TITLE XI.
MSISCEL LANEOUS PROVISIONS.
SSECTION.
1. Sureties, how approved.
2. Examine on Oath.
3. Perjury.
4. Costs in Suits against City
Officers.
5. Acts repealed;  Rights not
affected.
6-!7. Village Officers; duties of
8. Acts                  to       be deemed a Public
Act
9. Recorder's Court; Common
Law and of Record.
10. Process against City:  how
served.
11. City liable for certain debts.
12. Property to vest in City.
13. Ordinances  to  remain   in
force.
SECTION.
14. Proofls of Publication.
15 to 19. Provide for change  in
Government.
20. Plats and  Additions  to be
approved by Common Coun     cil; Penalty.
21. Style of Ordinances.
22. Right to petition.
23. Special  Franchise;  Limita     tion of; May be taxed.
24. Remit Taxes in certain cases.
25. Fiscal  year;  to commence
first of M     arch.
26. Council to cause Charter,
Ordinances, &c. to be pub     lished.
27. Powers of Council.
28. Registration of Electors.
(~ 252.) SEc. 1. The Common Council, or the Mayor or other Sureties.
o)fficer whose duty it shall be to judge of the sufficiency of the
proposed sureties of any officer of whom a bond or instrument in
writing maybe required under the provisions of this act, shall ex                                                                   Examine on
amine  into the sufficiency of  such sureties, and shall require Oath.;
them to submit to an examination under oath as to their property;
such oath may be administered by the Mayor or any Alderman of
said city.  The deposition of the surety shall be reduced to writing
be signed by him, certified by the person taking the same, and
annexed to and filed with the bond or instrument in writing to
which it relates. FA4et of 1859.]
(~ 253.)  SEC. 2.  The Mayor or Chairman of any committee Ibid.
or special committee of the Common Council, shall have power to
administer any oath or take any affidavit in respect to any matter
105
TITLE XI. 
CHARTER OF THE CITY 0F EAST SAGIYAWI;
TITLE XIr.                MISCELLANEOUS PROVISIONS.
pending before the Common Council or such committee.' [Act of
1859.]
Perjury.    (~ 254.  SEC. 3.  Any person who may be required to take any
oath or affirmation under or by virtue of any provisions of this act,
who shall, under such oath or affirmation, in any statement or affi         davit or otherwise, wilfully swear falsely as to any material fact
or matter, shall be guilty of perjury. [Act of 1859.]
C o s t s in  (~ 255.)  SEC. 4.  If any suit shall be commenced against any
suitsagainst
officers.   person elected or appointed under this act to any office, for any
act done or omitted to be done under such election or appointment
or against any person having done any thing, or act by the com         mand of any such officer, and if final judgment be rendered in
such suit whereby any such defendant shall be entitled to costs.
he shall recover double costs in the manner defined by law. [Act
of 1859.]
A c t s r e-  (~ 256.)  SEC. 5.  All former acts and parts of acts relating to
pealed.    the Village of East Saginaw, not expressly embodied in or made a
Rights not part of this act, are hereby repealed; but nothing herein contained
affected.
shall be construed to destroy, impair or take away any right or
remedy acquired or given by any act hereby repealed and all pro         ceedings commenced under any such former act shall be carried
out and completed, and all prosecutions for any offense 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 affect any ordinance, by-law
or resolution of said Village, not inconsistent with the provisions
of this act, but the same shall conttnue and be in full force until
the same are amended or repealed, as fully as though this act had
not been enacted. [Act of 1859.]
Village Of- (~ 257.) SEC. 6. All the officers of the Village of East
ficers.   Saginaw, shall continue in office until the first Monday in March,
A. D. one thousand eight hundred and fifty-nine, and until their
successors shall be elected under this act and qualified. The pre         sent Common Council of the said village shall appoint and give
notice of the place in each ward for holding the first charter elec         tion under this act, in the same title (time) and manner required
5Vide 8ec. 37, Title 3.
106 
CHARTER OF THE CITY OF EAST SAGINA W.
MISCELLANEOUS PROVISIONS.                        TITLE XI.
of the Common Council by title two of this act; and at such first
election the electors present in each ward shall choose viva voce,
three Inspectors of election, who for the receiving, canvas and
return of votes, and all other matters relating to said first election,
shall possess all the powers of Inspectors of election under this
act, and shall each take an oath of office, before any person authorized to administer oaths, before opening the polls. They shall
then appoint the Clerks of the election, and proceed in all things
as Inspectors of election are required to proceed under this act
It is hereby made  the duty of the present Common  Council to
provide two ballot boxes for each ward in said city, one for ward
ballots and one for city ballots.  [Act of 1859.]
(~ 258.)  Sec. 7.  The present Common  Council shall be and Ibid.
they are hereby constituted the  Common  Council of the City of
East Saginaw, and to continue and act as such until a Common
Council shall be elected and qualified under this act; and shall,
while they constitute the Common Council of said city, perform
all the duties and possess all the powers by this act conferred on
the Common Council of the city. [ Act of 1859.]
(~ 259.)  SEC. 8.  This act shall be deemed  a public act, andAA tPublic
Act.
favorably construed, and the legislature may at any time repeal,
modify or alter the same.  [Act of 1859.]
(~ 260.)  SEC. 9.  The Recorder's Court shall possess all the Re corder's
power  of Courts of common  law  and Courts of Record in this
State, to carry into effect the jurisdiction and powers conferred
upon it by this act.  LAct of 1859.]
(~ 261.)   SEC. 10.  All process issued against said city shall P r  c es s
against city,
run against said city in the corporate namie thereof, and such pro- how served.
cess shall be served by leaving a true and attested copy of such
process with the Mayor or Clerk of said city, at least ten days
before the day of appearance mentioned therein. [.Act of 1859.]
(~ 262.)  SEC. 11.  The corporation created by this act shall Citye liable
for debts.
pay and discharge all the debts, obligations, contracts and liabilities of the Common Council of the Village of East Saginaw and
suits may be brcught and prosecuted thereon in the same manner
either in law or equity and with the same effect as they could be
brought or prosecuted against the Common Cauncil of the Village
of East Saginaw, if this act had not passed. [Act of 1859.3
107 
108       CHARTER OF I'IIE CITY OF EAST SAGINAW
TITLE XI.                  MISCELLANEOUS PROVISIONS.
l,operty of  (~ 263.)  SEC. 12.  All property, real, personal and mixed, and
Village t o
vest in city. rights of property, in law or in equity, and all debts, fines, penal         ties, forfeitures, rights and causes of action, and all rights and
powers not inconsistent with the provisions of this act, which
belong, have accrued or may accrue, to the Common Council of the
Village of East Saginaw,  or to the inhabitants of the said village
in their corporate capacity, shall be and the same are hereby de         clared to be fully and absolutely 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, asserted and maintained,
by said corporation in its own name, or in any other lawful man         ner. [Act of 1859.]
Ordinances   (~ 264.)  SEC. 13.  All ordinances, by-laws, regulations, resollnto remainin
force.    tions and rules of the Cummon  Council  of the Village of East
Saginaw, now in force, and not inconsistent with this act, shall re         main in force until altered, amended or repealed by the Common
Council, under this act, and after the same shall take effect.
[AXt of 1859.]
Puroofs  atiOf  (6 265.)  SEC. 14.  Proof of the requisite publication of any
Publication.
ordinance, resolution or other proceeding required to be published
in any newspaper, by the affidavit of a printer or publisher thereof
taken before any officer authorized to administer oaths and take
affidavits, and duly filed with the Clerk of the city or any other
competent proof shall in all courts and places be conclusive evi         dence of the legal publication of such ordinance, resolution or
other proceeding. [Act of 1859.]
Un p a i d
Taxes to  (~ 266.)  SEC. 15.  All taxes and assessments returned unpaid
c o ntinue a
lien.    in the Village of East Saginaw, at the time this act takes effect
as law, shall continue to be a lien on the land on which the same
were assessed, and shall, with the interest thereon at the rate of
twenty per cent. per annum, from the time they were returned;
be re-assessed by the Controller on the same property returned,
and such lands shall be sold for the said taxes in the same manner
and with the same effect as for ordinary city taxes. [Act of
1859.]
Estimatte   (~ 267.)  SEC. 16.  For the purpose of ascertaining the sum to
fment ases-raised the first year under this charter, the assessment roll of the
Village of East Saginaw for the year one thousand eight hundred 
109
TITLE XI.
MISCELLANEOUS PROVISIONS.
and fifty-eight, shall be taken and deemed to be the assessment roll
of the preceding year, as mentioned in title five, section two, of
this act.  [Act of 1-859.]
(~ 268.) SEC. 17. The dockets, and all'the books of tile pre- B o o k,
Dockets,&c.
sent Justices of the Peace residing in the territory hereby incorporated, shall be by them delivered to the Clerk of the city, as soon
as he is qualified under this act, and by him delivered to some one or
more of the Justices elected under this act, within six days after
they shall be qualified, and thereupon such Clerk shall give notice
of the dockets, books and papers delivered, and the name of the
Justice to whom they are so delivered, for two weeks, by publishing the same in a newspaper published in said city, and all suits
and matters pending and undetermined before any such Justice,
shall be continued, and may be heard, tried and determined before
the Justice to whom such dockets, books and papers shall bedde- suits.g
livered: Provided, That the parties to every such suit or matter
their agents or attorneys, shall be notified by such Justice at least
six days before any such cause shall be tried, and the Justice or
Justices of said city, to whom any such dockets, books and papers
may be delivered by said Clerk, may proceed to issue execution on
any jndgment thereon, and do and perform any and all acts and
things touching the same that might have been done by the Justice in whose possession such dockets, books and papers now are.
[Act of 1859.]
(~ 269.)  SEC. 18.  This  act is ordered to take effect on the Take effect.
twenty-eighth day of February, A. 1). one thousand eight hundred
and fifty-nine.  [Adc of 1859.]
(~ 270.) SEC. 19. The act entitled "an act to amend an act to Repealed.
incorporate the Village of East Saginaw, approved February
thirteenth, one thousand eight hundred and fifty-five," approved
February twelfth, one thousand eight hundred and fifty-seven, is
hereby repealed. [Act of 1859.]
(~ 271.)  SEC. 20.  That whenever any additions to said city or Plats a n d
Additionsto
subdivisions of any blocks or parts thereof within the limits thereof b e submit                                                                  ted to Coumshall be hereafter laid out, the proprietors of such addition or sub- cil for a p -
division shall, besides complying with the requirements of the laws proval.
of this State, in relation thereto, before the same shall become
operative or be entitled to record, file a copy thereof with the 
CHARTPR OF'IIE CIi'Y OF EASY SAGINA W.
TITLE Xl.                    MISCELLANEOUS PROVISIONS.
comptroller, and submit the same to the Common Council of said
city for their approval or rejection, and if not approved, the same
shall not be recorded nor become a plat; and any person who shall
violate the provisions of this section shall, on conviction, be fined
Penalty the sum  of five hundred dollars, or imprisonment ninety days, or
both, in the discretion of the court; and any person who shall sell
any lot or lots by reference to any such rejected addition or subdi         vision shall, on conviction, be fined one hundred dollars for each
lot so sold, or imprisoned thirty days, or both, in the discretion of
the court. [Act of 1867.]
Title of Or- (~ 272.) SEc. 21. The style of all ordinances of said city shall
dinanees.
be as follows: "Be it ordained by the Common Council of the
City of East Saginaw, as follows:"   [Act of 1869.]
Rights  t o   (~ 273.)  SEc. 22.   The inhabitants of said city shall at all times
Petition.   have the right to petition the Common Council.   [Act of 1869.1
Fra pecial   (~ 274.)  SEC. 23.  The Common Council shall not grant any
special franchise for a longer term than thirty years, nor grant ex         clusive privileges to the use of the streets or public grounds of said
city.   And the Common Council shall have power to prescribe rates
of specific taxation for all franchises or privileges granted by said
May be
taxed  b  Council,  and  the manner  of collection of such  specific taxes.
[Act of 1869.]
Remit taxes
.emitrtaxes (~ 275.) SEC. 24. The Common Council shall have power,
i n certain \
eases.    whenever it shall appear that any taxes or assessments have been
improperly or illegally made, assessed or collected, by a two-thirds
vote of all the members elected, to cause such assessment or tax to
be remitted or refunded; but no such action on the part of the
Council shall in any way affect or invalidate any other tax or
assessmeint assessed, levied or collected in said city. [Act of
1869.]
Fiscal year.  (~ 276.)  SEc. 25.  The fiscal year of said city shall commence
on the first day of M arch in each year, and all annual reports
required by this act to be made, shall include all transactions of
said city up to and including the last day of February preceeding.
[ Act of 1869.]
Council to   (~ 277.)  SEc. 26.  The  CommIon Council of said  city shall,
ublisbhr
inances,&c during the year 1869, and as often thereafter as they shall deem
expedient, cause all the acts and parts of acts of incorporation of
110
TIT'L: Xl. 
CHARTFR OF THE CITY OF EAST SAGJNAW.                               111
M-ISCELLANEOUS PROVISIONS,                       TITLE XI.
said city that may be in force, including such general laws as they
may deem necessary for the use of the Mayor, Aldermen or other
officers thereof, as may be necessary to the proper understanding
of their duties, together with all ordinances of said city, revised
and corrected so as to conform to the provisions of said acts, and
properly arranged and indexed, to be'published in book form, and
properly certified to by the clerk thereof, and when so compiled
and published, the same shall be considered the official copy of all
said acts and ordinances as contemplated in the second paragraph
of section fourteen, of title three of this act. Each officer of said
city shall be entitled to the use of a copy by virtue of his office,
and the Council may authorize the sale of copies thereof to re-imburse the city for the expense of compiling and publishing of the
same. [Act of 1869.J
(~ 278.)  SEC. 27.  The Common Council, as now constituted, Duties of
old (lounciU.
shall continue to exercise all the powers and duties of the Common
Council of said city, as herein authorized, until the next annual
election, and the organization of the new Council then elected, and
the present Council shall be authorized, and it shall be its duty to
designate places of election in the wards hereby constituted, and
appoint inspectors of said election whenever there shall be vacancies in the board, and take all other necessary steps for carrying into
effect the provisions of this amendatory act.  [Act of 1869.]
(~ 279.)  SEC. 28.  The Board of Registration of said city, as Regletctirn
now constituted, shall meet at the Common Council room in said
city, on the third Tuesday in March next, at 10 o'clock A. M., and
shall organize as provided in the "act further to preserve the purity
of elections and guard against the abuses of the elective franchise by
a registration of electors, approved Feb. 14, 1859," and shall, as
therein provided, procure new books for registration in all the
wards of said city, and take all the steps necessary for a new registration, by wards, as herein described and set off, of all the electors
of said city; for this purpose said board shall proceed to apportion
their members among the several wards, and in such wards as there
shall be vacancies in the office of Aldermen, said board shall designate some Justice of the Peace, or some competent citizen thereof,
to perform the duties of register, and such appointment shall be
deemed legal and valid, and vest such person appointed with all 
CH:ARTER OF I THE CITY OF EAST SA GIN-A W.
TTrEl.  ~     MISCELLANEOUS PROVISIONS.
the rights, privileges, powers, duties and penalties of a member of
said board, as provided and prescribed in said act. For the purposes of such new registration, the said board shall cause public
notice to be given, that the several ward registers will meet at
some place to be designated in said notice, on the last Thursday,
Friday and Saturday in March, 1869, (being the 25th, 26th and
27th days of said month of March, 1869,) and continue in session
from  nine o'clock in the forenoon until twelve o'clock, noon, and
from two o'clock until eight o'clock in the afternoon of each of
said days; and during such session, such registers shall register, or
cause to be registered, all qualified electors in the several wards as
provided in said act for the first registration in cities, and no others;
and the proceedings of said Boards of Registration shall conform
in all respects to the provisions of said act, and the registration so
made shall be held and deemed a legal registration, within the
meaning and terms of said act for the several wards of said city of
East Saginaw, and thereafter all registrations in said city and wards
shall be conducted as in said act provided and directed. No person, whose name does not appear in said registers at the annual
election next ensuing, shall be entitled or allowed to vote, except
in such cases and in the manner excepted and provided by said act.
Any Alderman, Justice of the Peace, or other person appointed to
act under this section, who shall neglect or refuse to perform the
duties required in this section or by said act, shall be deemed
guilty of and may be punished as for a misdemeanor, and such
registration shall not be vitiated or fail by reason of such refusal
or neglect, but any other member of said board may perform said
duties, and their acts shall be deemed regular and lawful for all the
purposes of such registration.  [A.e of 1869.]
112
TITI,E X1 
CHARTER OF THE CITY OF EAS'T SAGINA W.
SEWERS.
TITLE XII.
SEWERS-BOARD OF SEWER COMMISSIONERS; CONSTRUCTION; MAIN                    TAINANCE; ASSESSMENTS.
SECTION:
1. Board of Sewer Commission     ers provided for.
2. How'Organized; Sewer Ein     gineer; Compensation.         1;
3. General  duties of Commis     sioners.
4. Expenses and Assessments.
5. Plan of Sewerage for the City.
6. To be  confirmed;  Record;
How changed.
7. Board to recommend annual- 
ly sewers necessary.
8. How Sewers to be built, &c.
9. Board to certify;  Controller
to audit expenses.
10. Limitation as to expenses of
repairs.                           c    i        n
11. Common  Council  to  vote
bonds, &c.
(~280.) S.EC. 1. There shall
SECTION:
12. Assessment of cost of laterals.
13. Expenses   of  construction;
how assessed.
14. Laterals; how assessed.
15. Notice to parties assessed.
16. Confirmation of assessment.
17. Manner of assessing and col     lecting sewer taxes.
18. Funds; may be invested.
19. Manner  of  taking  private
property.
20. Board to regulate charges for
use.     f
21. Draining pools and low
grounds; public health.
22. Receipts and expenses to be
certified to Controller.
(~ 280.)  SEC. 1.  There shall be appointed by the Common Board of
Sewer Com
Council at their first regular meeting in the month of April, 1867, missioners.
three Sewer Commissioners, who shall hold their office for the
terms of one, two and three years respectively, and the term for
which each one is appointed shall be designated in the resolution
of appointment, and in the month of April each year thereafter,
there shall be appointed one Sewer Commissioner, to hold hisloffice
for three years, who shall qualify as in the charter prescribed.
[Aet of 1867.]
(~ 281.) SEC. 2. The said Sewer Commissioners shall, as soon organtati'n
after their appointment in each year as practicable, organize as
a Sewer Board, by the election of one of its own members president,
and one of its own members acting Sewer Commissioner, and shall
113
TITLE XII. 
CHARTER OF TIIE CITI' OF EAST SAGIliYA T.
TITLE XII.                             SEWERS.
appoint, subject to the approval of the Comimon Council, a Sewer
Engineer. Engineer, who shall act as Secretary of the Board and keep the
records, plans and papers of the Board, and the same are hereby
C ompensa- declared public records.  The salary or pay of the Commissioners
tion.     and Sewer Engineer shall be such as the Common Council shall by
resolution determine. [Act of 1867.]
Du ties of
C ommiss'rs.   ( 282.)  SEC. 3.  The said Sewer  Commissioners shall have
exclusive superintendence and management of all sewers, drains or
pools now constructed, or to be constructed, and shall make all
rules and regulations relative to the use and preservation of sewers
and all private drains entering sewers. [Aot of 1867.]
ExdpAelnses   (~ 283.  SEc. 4.  The current cost of altering, repairing and
and Assessments. cleaning sewers and drains, and all incidental expenses of manage         ment, shall be estimated by the Sewer Board, who shall report the
same to the Common Council on or before the last Saturday in
May in each year, the amount so estimated and required for the
next ensuing year, and when the same is approved by the Common
Council, shall be assessed by the Assessor upon the real and per         sonal property in the city of East Saginaw, and included in the
next annual tax and tax-roll of said city, placed in the sewer tax
column, and when collected, placed to the credit of the sewer fund.
[Act of 1869.]
Plan  of  (~ 284.)  SEC. 5.  The said Sewer Commissioners  shall have
Sewerage.
power to devise and frame a plan of drainage and sewerage of the
whole of said city upon a regular system, for the purpose of
thoroughly draining and carrying off the water and filth proper to
be carried off by sewers, for the health and convenience of the in         habitants of said city   The plan shall show the location, direction
and size of each drain and sewer, whether mains or laterals, and
connections with other drains and sewers, and such other particulars
as may be necessary and proper for the purpose of presenting a
complete and entire plan of such drainage and sewerage. [Aot of
1867.]
Notice and  (~ 285.)  SEC. 6.  Whenever the said Commissioner shall have
aypr~oval of
pran.   oprepared the said plan of drainage and sewaerage, in whole or in
part, of said city, they shall cause public notice to be given in all
the newspapers in the city of East Saginaw, that such plan has been
114 
CIIARTE,P OF TIIE CITY OF EAST SAGIVhA4.                  115.
SEWERs.                         TITLE XII.
SEWERS.               TITLE XIT.~~~~~~~~~~~~~,
filed in their office for inspection, and that they will meet at a time
and place in said city, to be specified in said notice, not less than
ten days after the first publication of such notice, when and where
they will receive the views and suggestions and objections of any
parties interested in the drainage and sewerage of said city. The
said Commissioners shall hear such parties at the time and place so
specified, or at any adjourned meeting then and there proclaimed
and shall thereupon amend and correct the same as they may dee m
proper, and when the said plan is so prepared and corrected, the
same shall be submitted to the Common Council, and upon its being i o nfirmed
adopted and confirmed by that body, and certified to by the City by Council.
Clerk and said Board of Sewer Commissioners, shall be filed in the Recorded.
office of the Register of )eeds of Saginaw County, whereupon the
plan or any part thereof, therein set forth, shall become the permanent plan of sewerage of said city, subject to be changed only How chag'd
by the unanimous recommendation of said Board, and of the votes
of two-thirds of the members of the Common Council, certified
and filed as herein provided.  [Aet of 1867
SEC.  The said Board              said         Bo ard to
(~ 286.)  SEC. 7.  The said Board shall, upon filing said  plan, eomed0    t
S-ewers to be
recommend to the Cornmmiion Council the building of such sewers built, &c.be
and drains as should be constructed in that year, and shall, in the
month of April in each year thereafter, report to the  Commnon
Council what public sewers or drains they deem necessary to build
in that year, and shall accompany the report with an estimate of
the cost of each and all such drains and sewers.   [-4t of  1867.]
(~ 287.)  SEc. S8  The Comlmon Council shall decide what pub- Hhowsewers
shall be
lic sewers and drains of those recoitmmended by the Sewer Board, built.
or otherwise, in accordance with such sewerage plan, shall be built
and shall through the City Clerk, iiotify the Board of their deci- B oa ad to
advertise for
sion; and said Boa:rd shall proceed to advertise for proposals to Proposals.
build the sewers and drains ordered  to be built by the  Comlnmon
Council, under such specifications and forms as said Board shall
deem necessary, which  advertisement shall be published at least
fifteen days in the newspaper contracted with to do the city printing, and shall state the time and place, where and when such proposals shall be received, and the work so advertised shall be Work to be
awarded to
awarded to the lowest bidder  who will give good  and sufficient ldoerst bid                                                                   der. 
CHARTER OF T'IE CITY OF EAST SAGINA W.
TITLE XII.                            SEWERS
security, as required by said Board, for the furnishing of sufficient
and suitable material therefor, and the prompt and faithful execujReightPtore- tion of such work.   But said Board shall have the right to reject
sals     all bids, and shall in no case proceed with the construction of any
sewer, except upon advertisement for proposals for the construction
of the same, as herein provided. When said Board shall have
City Atto- made such award, they shall furnish the City Attorney with the
ney to draw
contract.  necessary plans and specifications of the work so awarded, and he
shall draw the necessary contract for the work in accordance there         with; and when approved by them, shall be executed on the part
Attested.
IFitleed.   of the city by said Board, and attested by the City Clerk, under
the corporate seal of the city, and shall, when executed, be in the
keeping of said Board, whose duty it shall be to see that the con         tractor performs the same. [Act of 1867.]
Board to  (~ 288.)  SEc. 9.  Said Board shall certify to the amount due
certify a 11
expenses. upon all contracts and for all materials furnished and labor per         formed in building or repairing sewers, drains or pools, and all
bills and accounts thus certified for amounts so due, shall be
Con troller audited by the Controller, and presented by him  to the Common
to Audit
same.     Council in the same manner as other bills and accounts against said
city. [Aet of 1867.]
Limitation  (~ 289.)  SEc. 10.  Said Board shall not lay down or construct
of Power of
Board.    any sewer or drain in said city, or purchase any material, or enter
into any contract, except as herein provided, and except in case
of any unexpected casualty or damage to the sewers or drains of
said city, in which case said Board may cause the same to be re
Proviso.
Proiso. ipaired to an amount not exceeding five hundred dollars: Provi'd,
however, That if, in any case, after advertising as above, no propo         sals shall be received or approved, as provided in this act, said
Commissioners may build any sewer, enter into contracts, and
procure material therefor, as said Commissioners may deem expedient, subject to the approval of the Common Council first obtained. [Act of 1867.]
Common   (~ 290.)  SEc. 11.  To meet the cash outlay in the construction
C o U n C i of sewers, in anticipation of the collection of assessments and
m a y issue
Bonds.    taxes therefor, as the Common Council may by resolution deem
necessary,  the Mayor,  Controller and Clerk of said city shall,
116 
CHARTER OF THE CITY OF EAST SAGINAW.
SEWERS.                             1
from time to time, as so required, borrow such sums not to exceed
seventy-five thousand dollars outstanding, at any one time, upon
the bonds of said city, which they are hereby authorized to issue
for that purpose, bearing interest not to exceed ten per cent. per
annum, and payable in four, seven and ten years from their respective dates, said bonds to be endorsed "sewer bonds," and to be
numbered consecutively; said bonds shall not be sold for less than
par, and the proceeds of the same shall be paid to the City Treasurer, and by him placed to the credit of the sewer fund. [Act
of 1867.]
(~ 291.)  SEc. 12.  The  assessment for the cost of the con- Of c e8 tenOf
struction of lateral sewers shall be made by three (3) Commission- learteral Sew                                               y ~~~~~~~~~ers.
ers, appointed by the Common Council, of whom the acting Sewer
Commissioner shall be onemember; or the Board of Sewer Commissioners may be appointed the assessing commissioners.   [Act
of 1867.]
(~ 292.) SEc. 13. The expense attending the construction of Expense of
construction
sewers shall be borne as follows, that is to say: The amount of so How asses'd
much of the expense of constructing any main drain or sewer as
shall, in the opinion of the Sewer Commissioners, exceed the cost
of a proper lateral drain or sewer for the street in which such
main drain or sewer shall be laid, shall be certified to the Assessor by the Board of Sewer Commissioners, and shall be assessed
upon the owners of lands and personal property included within
the corporate limits of the City of East Saginaw, in proportion to
the assessed valuation of the property in said city. The balance
of such expenses for the construction of any main drain or sewer,
and the expenses of constructing any lateral drain or sewer, shall
be assessed by the said assessing Commissioners upon the lots
deemed to be benefited thereby, through or near which such drain
or sewer shall be laid, in proportion to the benefit derived by them
respectively. [Act of 1869.]
(~ 293.) SEO. 14. The said assessing Commissioners shall L a t e r al I
Sewers,how
cause assessments for the expenses aforesaid of each lateral sewer assessed.
constructed, to be made out in proper form, with diagrams showing the property assessed, and the names of the owners thereof,
when known; and when such assessment is made, the said Com
117
FITLE XII. 
CHAllRTER I? 1OF ThIS CITY OF EA,S  SAGINAW.
1ITITE X II.                         SEWEI-S.
inissioners shall submit the same to the Common C'ouncil. [Act
of 1867.]
Notice  to   (~ 294)  SEc. 15.  Upon such submission as aforesaid. the Clerk
parties a ssessed.    of the city shall cause notices of the same, with the names of all
parties interested,  to he published in the city newspaper  for at
least two weeks, and that the Common Council will, on such day
as they shall appoint, proceed to hear any- appeals from the said
assessment. [Act of 1867.]
Confirmat',n   (~ 2 5 )  SEc. 16.  At the day of hearing, the Common  Counof assesm't.
cil shall proceed in relation thereto as provided in section 43, title 6,
of this act. [4Act of 1867.]
Manner of  (~ 296.)  SEC. 17.  When any assessment for the construction
a s se s sing
and collec- of sewers shall have been confirmed by the Common Council, the
ting Sewer
taxes.    said assessment roll shall be attested by the City Clerk, under seal,
and it shall be deposited with the City Assessor, who shall be res         ponsible for its safe keeping for the purposes herein specified.   The
said assessor shall divide the same into nine equal parts, one of
which shall be placed upon and form part of the annual taxes of
said city in each year thereafter, until the same is all assessed
upon said annual tax rolls, and paid. And in addition to the one         ninth of the said assessments and one-ninth of all bonds and other
sewer construction expenses, otherwise unprovided for, the said
assessor shall add to and include in the annual tax roll, in the
sewer column thereof, the interest falling due upon all the sewer
bonds in each year, and all other assessments and amounts certified
to him by the Common Council, the Board of Sewer Commi3sion
ers, and also the estimated amounts for annual repairs, as herein         before provided for, and all such sewer taxes, when so assessed by
the Assessor, shall become a lien upon the premises assessed, the
same as other city taxes, and so remiain, until paid; and the  pay         mnent thereof shall be enforced and collected in the same manner
as the general taxes of said city; and for non-payment thereef,
the premises may be sold in the same manner as for non-payment
of other taxes levied in said city; and when so collected shall be
placed to the credit of the sewer fund, and shall be applied to the
payment of the interest on said sewer bonds, and of the principal
of said bonds, as they shall fall due, and for repairs, and for no
other purposes. [Act of 1869.]
118 
CHARISRM OF:IIE CITY OF EAST SAGiNA4W.
SEWERS.                              TITLE XII.
(~ 297.) SEC. 18. After payment into the treasury of any Funds may
be invested.
money received for assessments or taxes under the sewerage system, the City Treasurer may, under the direction of the Finance
Committee of the Common Council, invest such sums not required
to pay expenditures, interest or bonds during the current year, in
stocks of the United States or of this State, or purchase therewith uninatured sewersbonds of said city, as may be most expedi
ent or beneficial to the city.  [Act of 1867.]
(~ 298.)  SEC. 19.  In case said Commissioners shall, in devising Manner opr
taking priand framing a plan of sewerage and drainage, find it necessary to vpatety p r o -
perry.
construct a sewer through any part of any street, or other property
not opened by law, and such sewer or drain cannot be constructed so
as to properly drain any portion of said city, without carrying the
same through any part of said street or other property not opened
as public, it shall:be lawful for said Commissioners, or a majority
of them, to present a petition to the Common Council for opening
of said street or other property, and said Common Council shall
proceed to open the same, as provided for in titie 6, section 1 to
33, inclusive of city charter. [Act of 1867.]
Board to re  (~ 299.) SEc. 20. The said Board may prescribe regulations g u 1 a t e
for the use of said sewers; may license persons to open the same,  harges for
for the use of said sewers; may license persons to open the same,'use of sewer
and may  prescribe a fee for opening and  making connection with
any sewer, to be paid to City Treasurer, and by him placed to the
credit of sewer fund.   [Act of 1867.]
(~ 300.) SEc. 21. Whenever, in the judgment of the Sewer Draining of
Pools, Low
Commissioners, it is necessary for the health or benefit of said city Lands, &e.
or any part thereof, for any lands or premises lying near or adjacent to any sewer or drain to be drained into such sewer or drain,
they shall so determine by a resolution entered on their records,
and give notice thereof to the owners, occupant or agent, if known,
and if unknown, by publishing such notice in a newspaper in said
city one week; whereupon said lands, premises or cellars shall, by
the owners, be so drained by connection with such sewer, under
the direction of the Sewer Commissioners, within 30 days, and if
not done, the Sewer Commissioners may, with the approval of the
Common Council, make such drain and connection, and certify the
cost thereof to the Assessor from which time such cost shall be a
119 
120               CHARTER OF THE CITY OF EASIT SAGINAW.
TITLE XII.                               SEWERS.
lien on the lands or premises so drained, and the Assessor shall
assess the same, and put it into the next tax roll of said city in the
sewer tax column, and it shall be enforced, as provided for the gen         eral taxes of said city. [Act of 1869.]
Board to (~ 301.) SE.c. 22. The Board of Sewer Commissioners shall
c e r t if y
aremeoiupnt a0d f certify to the Controller. monthly, the amount of moneys received
receipts and
expensetrto by said Board for permits, and all other matters necessary to the
the Controller.      proper auditing of bills incurred by them and the correct keeping
of the accounts of the city. [Act of 1869.] 
INDEX
TO THE
CHARTER
OF TIlE
CITY OF EAST SAGINAW. 
A 
INDEX.
ACCOUNTS.
SEC.  PAGE.
cil to settle, &c.,..........             56       26
be deposited with Controller,...       67      30
be verified, &c.,.......... 120         56
t of Affidavit, &c., a bar to suit,..      120      57
xpenses of Sewers, how audited,..   288    116
r Commissioners to report to Controller,.        301    120
ACTS
List of amended,.-.
Former acts repealed, 
To be deemed a public act, &c.,
AFFIDAVITS.
Who authorized to administer,
To be made to claims against city,
ALDERMEN.
How to be elected,.....
Two in each Ward,.....
To reside in Ward,....
When elected and term of office,.. 
To be Inspectors of Election,...
Vacancy, how filled,......
When to file oath of office,...
With Mayor to constitute Common Council,
Vote of in Council,..... 
Majority elect, to constitute quorum,. 
Not excluded from voting by reason of private
interest, &c.,.....
Not to hold office or be interested in contracts,
Compensation of....... 
Absence to vacate office,... 
May be removed, &c.,....
General duties of, to attend Council, &c.,
May act as Justices of the Peace,..
To act as conservators of the peace,. 
3
270 109
259 107
99
120
45
56
I
3
3
4
5
13
.24
27
.36
40
'. 43
5
6
6
7
11
14
15
17
18
19
43
.44
59
.60
62
.65
66
.66
19
20
27
27
27
30
30
30 
INDEX TO THE CHARTER
8SEC.  PAGB.
99      45
. 101       45
193-4  84
. 252      105
279     114
ALDERMEN,< Continued.)
May administer affidavits,..
Additional rights and duties,
Powers of at fires,....
May administer oath to sureties, 
Act as Board of Registration of Electo
ALLEYS.  (See Streets and Public Improvements
ALMS HOUSE.
Commissioners to be appointed,
The keepers of, how appointed,
Common Council to construct,
Tax may be voted to construct, &c.,
Common Council to regulate, &c.,
Inmates, how employed, &c.,
APPIEALS.
From Justice's to Recorder's Court,
From Recorder's Court to Supreme Court,
In cases when private property is to be taken
public uses,....
Proceedings in such cases,...
ASHES.
Deposite of, may be regulated,
ASSISTANT ENGINEEIRS.
Of Fire Department, appointment of
Common Council to prescribe duties of
ASSISTANT MARSHAL.
Appointment of.. 
Powers and duties of.. 
ASSESSOR.
To be elected by the Common Council,..       3
When to be appointed, term of office, &c.,.       68
General duties of...........               68
Shall be a member of Board of Supervisors,,  68
Power to administer oaths,....          68
Compensation of as Supervisor,..               68
May be removed for cause,...      68
To -deliver books and papers to successor,..  100
To levy taxes ordered by Common Council,.   106
When to complete assessment roll,...    107
To be member and Secretary of Board of Review,    108
To spread tax on rolls,.........         109
When roll to be extended, &c.,...    109
To make Tax Roll for State and County purposes,    114
Assessment Rolls for public improvements,.   161
Shall certify on special tax rolls, &c,..  162
Shall assess unpaid special taxes on the annual
4
3
7
. 54
122
. 199
200
. 221
226
6
9
25
57
87
87
93
94
. 143 64
145 65
. 183 81
3 5
. 177-9 82
3 6
75 37
6
32
32
33
33
33
33
45
49
50
50
51
51
54
71
72
tax rolls,
166 73 
5
SEC. PAGE.
'283    114
296     118
296     118
AssEssoR,-(Continued.)
To assess certain Sewer taxes,. 
Special rolls for Sewer taxes deposited with,
Duty of Assessor to divide and assess the sam
To assess expense of draining pools and low 
in certain cases,.                                      1
Returns of births, deaths, jurors, &c,
Common Council to fix salary of,
ATTORNEY.
How appointed,.....,      3
Qualifications and duties of...  74
Compensation to be fixed by Council,..     96
To be member of Board of Review...  108
To be member of Board of Supervisors,.,    68
Compensation as Supervisor,...   68
To prepare resolution for certain improvements,      124
Duties of in cases arising from street improvements,  124
To give notice of report of Jury, &c.,..   138
Application for Jury, &c....... 141
Certain notices may be served on,..   143
Duty to draw certain contracts,.... 287
Common Council may prescribe duties by ordinance,  74
AUCTIONEERS.
Appointment of, authorized,...
How and when appointed,                                     
Must be an elector and resident,                            
May be removed, &c.,....
License to and fees of, regulated by ordinance
Common Council to fix salary,. 
BALLOT.
Officers to be elected by...
Term to be designated on,.. 
Electors to vote by,....
What to contain and where deposited, 
When to be canvassed,.. 
Duty of Inspectors,....
How canvass is to be conducted,
Person having greatest number elected,
What to be done in case of a tie,
BoxEs.
To be provided by Common Council, 
Deposited with the City Clerk,. 
BATIHING.
Council may prohibit in public waters, 
BEGGARS.
Restrained or punished,
Power of Director of Poor over,
. 300
68
. 96
119
33
43
6
36
43
50
33
33
59
59
63
64
65
116
36
3
7
4
9
1           10
. 96
6
9
6
10
21
43
0I
6
15
.16
18
.19
20
.21
21
5
7
11
12
12
12
13
13
13
I. 16
18
12
12
45 22
45 22
. 196 86 
6           INDEX TO THE CHARTER
SEC.  PAGE.
BAUDY HOUSES.
Council to have power to restrain and prevent
the keeping of.....
BELLS.
Ringing of may be regulated,..
BILLIARD TABLES
Council may prohibit or restrain,.                 
BOARD OF HEALTH.
Common Council may constitute,.-... 2
Powers and duties of.........            2
May quarantine vessels and boats,...  2
Physicians to report to in certain cases,..    2
City Clerk to be Clerk of.......2
BOARD OF CEMETERY COMMISSIONERS.
How appointed,......
When appointed and term of office,..
Shall have care of Cemeteries,...... 
Make report in certain cases,       -...       
Controller to be member and treasurer of,..4
Board to make ordinances, &c.,...
Annual report of..,... 
Make improvements, moneys, &c.,.. 
BONDS.
Official, where deposited,. 
Of Collectors, filed with Controller,..
Certain bonds to be given to County Treasure:
BONDS.
Evidences of debt, may be issued, limit, &c.,.    115
Common Council may re-issue in certain cases to
pay indebtedness,....        115
For construction of Sewers,..         290
Public faith pledged to redeem,...        121
BON FIRES.
May be restrained and prohibited,
Common Council may prevent,
BOUNDARIES.
Of city described,. 
Of the several wards,...
BOWLING ALLEYS.
May be regulated and restrained,
BRIDGES
Power of Common Council over,. 
BUILDINGS.
General power of Council,....    46
Council may prohibit the erection of in certain limits, 181
May regulate construction of....    182
Power to inspect buildings,......        185
INDEX TO THE CHARTER
6
45 20
45 22
20
100
100
102
102
104
5
9
41
42
42
42
42
42
.64
97
r, 97
29
44
41
54
55
116
57
'46 24
. 45 21
1      3
2 4
45
45
2
20
24
80
80
81 
OF THE CITY OF EAST SAGINAW.
PAGE.
84
84
103
BUILDrNGS,-(Continved.)
Hazardous, may be destroyed, in case of fire,.    194
Damages and compensation for,..         194
Unsafe may be removed, &c,...     250
BURIAL OF DEAD.
May be regulated, &c,.......           45
Duties of Sexton may be regulated by the Council, &c 45
BUTCHERS
May be required to get license and fees therefor,   45
Liable for nuisances and slaughter houses,..  45
BY-LAWS.
General powers of Council to make,..      45
CANVAS.
Of votes to be public and when made,..
How made by Inspectors of election,. 
How made by Common Council,..
CAPTAIN.
Of the watch, appointment, &c.,...
of boat or vessel to report sick persons on board,
Duty of to go into quarantine, &c.,                        
CARTMEN.
Fees, compensation and license,.            
Stands for carts, hacks and drays,. 
Power to inflict penalty on, &c.,.                       2
CATTLE.
May be restrained from running at large,
May be impounded,.....
CELLARS.
When drained into public Sewers to be taxed,
How expense assessed,....... 
May be required to be cleaned, &c,. 
How expense shall be defrayed,                            
Board of Sewer Commissioners to prescribe and
regulate use of Sewers for.       
CEMETERIES.
Purchase of lands for and regulation of. 
Superintendents to control, &c,...
Improvements in, how made,..            
Sale of lots and application of moneys,. 
Potter's Field, &c.,......
CHIEF ENGINEER
How appointed,......
Duty as to Fire Department,...
Council make rules and regulations and prescribe
duties,........                           8
7
22
23
22
21
20
.18
20
.22
12
12
13
. 5
243
. 246
9
101
102
45
45
47
23
23
24
45
13
22
22
.. 176
176
. 249
249
76
77
102
103
. 299 119
51
52
90
91
53
25
25
41
42
25
3
187
6
82
188 82 
8       INE  OTH  HRE
CHIEF OF POLICE.
Marshal to be,
CHIMNEYS.
C...     181     80
*t a.   ~.  183      81
Cue......184            81
nseoo.....185   81-2
CIRCUSES.
Council may license, restrain or prohibit exhibi           tions of.......
CISTERNS.
Power to establish, &c.,
Control of, build, repairs, &c.,
CITY HALL.
Council may erect, &c.....
Tax may be raised to build,.. 
CITY MARKETS.
Clerks and keepers for,.....
Council may erect,.....
Council may regulate,....
CITY TREASURY;
To be in charge of Treasurer,
Controlled by Comnmon Council,                            
No money to be drawn until appropriated,
Council to direct deposits, &c,
CITY CLERK.
To be appointed by ballot,...        3
When to be elected and term of office,.         7 7
Statement of votes to be filed with,..     18
To notify persons of their election, &c.,..  23
Acceptance to be filed with,...           27
To notify Council of acceptance or non-acceptance,   29
Veto message to be lodged with,...      38
Reported to Council,......        39
Duties as Clerk of Council,...         41
Council may prescribe penalties,...    42
Give notice in certain cases,....             43
May certify records, &c.,........         49
To make and sign Cemetery deeds,..       51
To make and sign annual statement,.       57
To certify attendance and pay of Aldermen,.     59
Official bonds deposited with,...             64
To preserve certain papers and rolls,..      69
General duties of as Clerk,...       71
Shall publish ordinances, &c,...      72
Power to administer oaths, &c..    99
INDEX TO THE CHARTER
8
SEC. PAGE.
75 36
Common Council to regulate,
Compel the cleaning of
Cause to be removed,
Inspectors and duties of
. 45 21
45 23
. 157 70
54 25
. 122 57
7
. 54
45
9
25
22
. 73
103
. 119
61
34
47
56
27
6
9
12
14
15
15
is
18
19
io
19
24
25
27
.27
29
33
34
34
45 
OF THE CITY OF EAST SAGINA W.
PAGE
34
34
49
44
50
50
54
56
60
66
67
69
CITY CLERK,-(Continued.)
Make and register all licenses,..    71
Act as clerk of committees, &c....  71
Shall certify tax levy to assessor,...    106
Notify County Treasurer of appointment of Collectors,97
Report to Council completion of tax roll,.    107
Give notice of Board of    Review,....  108
Make out and sign City bonds,.,   115
Draw and certify all orders and warrants,.. 119
To certify resolutions for public improvements,      126
Reports of jury in certain cases filed with,.. 149
Certify unpaid taxes to Controller,...    150
Make records of streets, &c.,..           156
Certify order to assess Street Improvements to
Assessor,......... 161
Duty as to special assessments, rolls,..       163
To give notice of such assessment,... 164
Certificate to firemen to be evidence,..    189
To be Clerk of Board of Health,...  251
Proof of publication to be filed with,.        265
Justice to deposite dockets with,..       268
Certify to Sewerage plan of Lity,.           285
Notify Sewer Board of acts of Council,.       287
Contracts to be attested by,..       287
Attest all Sewer Bonds and warrants,.      290
Notice to parties assessed for Sewers,.        294
Assessments to be attested and filed with Assessor,  296
May be removed for cause,...      9
Deliver books and papers to successor,.. 100
Additional duties may be prescribed by ordinance,    72
CLERKS OF ELECTIONS.
How appointed and qualified,
Compensation of, how paid,
COLLECTORS OF TAXES.
To be elected for wards,
Time of Election and term of offic
General powers of. 
Accounts kept by Controller,
General duties and responsibilities
Fees for collecting taxes,
Bonds and how discharged,
False returns, penalty,. 
Vacancies provided for;
Collections of City Roll, returns, &
Power of Collector's warrant,
9
71
72
72
82
104
108
109
114
115
116
116
118
118
10
45
84
13
34
11
16
3
e, 6
6
. 67
of I. 97
. 97
97
. 97
97
C.,.  110
III
5
8
8
32
43
44
44
44
44
52
53 
INDEX TO THE CHARTER
.  PAGB.
73
78
43
COLLECTORS OF TAXES,-(Continued.)
Collection of Special Assessments, &c.,
Levy and sale of personal property,
Controller may require additional bonds,
COMMISSIONERS OF HIGHWAYS.
Common Council to be,.. 
COMMISSIONERS TO ASSESS DAMAGES.
When private property is taken,..
When buildings are destroyed in case of fire,
COMMITTEES.
Aldermen to serve upon,
Controller may act upon,. 
City Clerk to serve as Clerk of
COMMON COUNCIL.
Shall appoint certain City Officers,..       3
Shall regulate and prescribe duties of..    3
General power to fix fees and compensation of officers,  3
When Council shall appoint officers to fill vacancies
in certain cases,.........                6
Time and term of appointed officers,..    7
Council to appoint Police Constables, &c.,.      7
Fill vacancies of appointed officers,..    8
Power to remove appointed ofllccrs,.       9
May prescribe oathls for electors inl certain cases,      12
Shall provide Ballot boxes, &c,...  16
To decide in case of tie vote,....      21
Canvass of Returns by.........           22
To determine and certify who elected,..      22
Shall order an election for vacancy of Aldermen,          24
Fill vacancies in certain other offices,.      25
How to give notice of Special Elections,.      26
Resignation to be made to,....   31
Mayor and Aldermen shall constitute,..      36
Who shall preside over,.......      37
Mayor may suspend acts of, how,...      38
Each Alderman to have vote,....   40
Sittings of, to be public,.........             41
Shall prescribe rules, &c.,.........            42
Majority to constitute quorum,..        43
Business shall not lapse for want of quorum,..   43
Shall go over to next meeting,...         43
Seven votes required to levy tax, &c.,..   43
No member excluded from voting by reason of private
interest,........              43
Yeas and Nays required in certain cases,..   43
10
. 166
178
. 97
156     69
. 153 68
194 84
.65
67
.71
30
32
34
6
6
6
8
9
9
10
10
I I
1 ,
13
13
13
14
14
15
16
1 7
1 8
18
1 8
19
1 9
19
19
19
19
19
20 
OF THE CITY OF EAST SA GIYAW.
PAGE
20
20
24
24
24
24
25
25
25
25
25
26
27
27
27
COMMON COUNCIL,-(Continued.)
N1  Alderman shall be interested in contracts,        44
General powers of, to subserve public interest,.   45
Over streets, grounds, to prevent fires, &c.,         46
Penalties to be provided by ordinances,..        47
Ordinances to take effect, when,...      48
Proceedings shall be evidence,....  49
Required to publish ordinances, &c.,..     50
Authorized to purchase lands for Cemetery,       5. 51
Authorized to purchase lands for Potter's Field,      53
May establish Alms House, Markets, &c.,.,  54
Power to regulate and grant licenses,..     55
Shall make settlements of accounts annually,.  56
Power to license Ferries,.......            58
Absence of Aldermen to vacate office,...   60
Have power to direct deposites, &c,.          61
May remove its own member or others, proceedings
in such cases,...........             62
When to fix salaries of officers,...    96
Power of to vote taxes, &c.,...       103
Limit of taxes that may be voted,.....    104
When to determine amount to be raised,.      106
Power of to borrow money,.           -.  115
Limitation of expenses of........          116
To provide Sinking Fund, &c,,... 118
Possess exclusive power to appropriate money,        120
May levy special tax for public buildings,           122
Power of over streets, &c.,.......       123
Duties of in taking private property for public
improvements,.........124
Shall give notice of the improvement...        125
May elect to pay damages, &c.,...             147
Make payment of, or tender same,..    151
When to take possession,......    152
Make compensation to Jury,...     55
General powers as to streets, &c,...  156
Power to build bridges, reservoirs, &c,.         1]57
Power to discontinue streets, appeals, &c.,.  158
When to make Special Assessments for public
improvements,........       159
Duties in case of such Assessments,..    160
Hearing of Grievances and confirmation of rolls,    165
In cases of excess of tax, how refunded,.    170
Deficiency in tax, how supplied,..    171
Proceedings to be matters of record and deemed
public acts,.... 172
11
27
43
47
48
49
54
55
56
56
57
58
1)9
59
66
67
68
69
69
70
70
70
71
72
74
74
7ti 
IN~DEX TO0 THE CHARTER
PAGS.
75
?6
76
76
78
78
COMMON COUNCIL,-(Continued.)
May cause Sidewalks to be built,..      173
When may assess expense of,...   174
Make local Assessments for certain purposes,         175
May assess for use of Sewers, &c.,... 176
May permit persons to make certain improvements,  179
Power to set aside and make new assessments,         180
Establish fire limits and regulate construction of
buildings within the same,..          181
May regulate and require scuttles and stairs,.  182
Regulate the keeping of ashes, pipes, flues, &C.,    183
Regulate the storing of Gunpowder, &c.,..  184
Cause buildings, &c., to be inspected and regulated
to prevent exposures from fires,..  185
Procure Fire Engines and aparatus,..    186
Organize Fire Companies, districts, &c.,.. 187
Make rules and prescribe du ties of firemen,.    188
Direct how bells shall be rung,.. 190
Provide compensation for injuries, &c.,.         91
Regulate duties and powers of Wardens and Firemen, 192
Fix penalties for violation of same,
Cause arrests at fires,. 
Cause buildings to be destroyed,
Damages aund compensation in such cases,
Regulate Steamboats, spark catchers &c,
Provide Alms Houses and regulate the same,
Provide and maintain a City Penitentiary,
Remove prisoners to County Jail,
Direct suits for penalties and forfeitures,
Expend fines in apprehending offenders, &c.,
Constitute a Board of Health,. 
Power for preservation of public health,
Make assessments for such purpose,
Remove dangerous buildings and structures,'
Require sureties to quality under oath,
Members of may administer oath,
All plats or additions must be approved by,
Penalty for neglect to have same appr'd by,
Right to petition the,.. 
May remit tax in certain cases,. 
Cause Charter and Ordinances to be printed,
Appoint Board of Sewer Commissioners,
To approve Sewerage plan or plans,
Shall decide what Sewers to be built,
May issue bonds for Sewer purposes,
12
80
80
81
81
81
82
82
82
83
83
83
192
. 193
194
. 194
195
198
230
. 231
235
. 238
241
. 249
249
250
252
. 253
271
. 271
273
. 275
277
. 280
285
. 287
290
83
84
84
84
85
86
96
9t;
97
98
100
102
102
102
105
105
109
110
110
110
110
113
114
ii5
116 
OF THE CITY OF EAST SA GINAW.
SEC.   PAGE
COMMON COUNcIL,-( Conti2ued.)
Appoint Commissioners to assess cost of Sewers,    291
Give notice; grievances; confirmation of assessments 294
Audit accounts for same,......       288
Acts of, to be construed favorably by courts,. 172
COMMON CRIERS.
Appointment of, term of office, 
Duties of, prescribed by Council,
CO-N3ON VICTUALERS.
Must be licensed, penalty, &c.,
CONTROLLER.
How to be appointed,...    3
When chosen and term of office,                        7 
Duties of in detail,...........              67
Receive and audit all accounts against city,.    67
Bonds and compensation of,....  67
Duties as to funds, taxes, books, reports, pay rolls, &c. 67
Act as Supervisor and compensation as,.    68
To keep accounts with, and settle with Treasurer,    73
Street Commissioner to report to,...      89
To be Cemetery Commissioner, &c.,...  91
Collector's accounts kept and settled by,..    97
Power to discharge bonds of Collector,..  97
Director of Poor to report to,..    98
Countersign bonds and warrants,...  67
Receive proposals, sign contracts, &c.,..     67
Administer oaths and take acknowledgements,           99
Make and attach warrants to all tax rolls,.     67
Renting, insurance and charge of City Property,       67
How Cemetery funds to be deposited and expended,   92
No money to be drawn unless order is counter           signed by,..........            119
Make purchases of all property for city,.     67
Collectors to return warrants to and settle with the  97
State and County tax rolls, duplicate return to be
filed with the.........              97
Additional rights and duties conferred,.. 101
Assessor to deliver tax rolls to the..   109
Enter same, turn over to Treasurer, credits, &c.,     110
Make transcripts for Ward Collectors,..    110
Powers of the Controller's warrant,... 111
Treasurer to file statements with,..            172
173
May require reports of all other city officers,..   67
Duties as to Special Assessment rolls,..    166
43
45
51
52
53
53
54
35
31
73
13
117
118
116
75
7 10
95 42
55 25
6
9
30
30
32
32
33
35
41
42
43
44
45
30
31
45
32
31
42
56
31
43 
IINDEX TO THE CHARTER
SEC.   PAGE.
.  150       67
288       116;
.  301     120
67       32
CONTROLLER,-(Continued.)
Marshal to make certain returns to the,
To audit accounts of Sewer Commissioners,
Sewer Board to report to the                                1
To have a seat in Council, &c,. 
CONSTABLES.
How to be elected,.....
Number and election of,....
Must reside in Ward, removal vacates office,
Powers, duties and bonds of,...
To obey orders of Mayor, Recorder, Aldermen a
Justices of Peace in certain cases,
Expenses, fees and charges, how audited and pail
May perform duties of Marshal in certain cases,
Required to attend Recorder's Court,
Fees for services ii Recorder's Court,
CORPORATION.
Name, powers and boundaries of,
Number and divison of wards of,
COSTS.
When and how recovered,. 
Provided for in case of neglect to take out license,
May be awarded by Supreme Court ini certain cases
how deducted,.. 
Complainant to give security for, in action against
city,.......
When double to be recovered,
COURTS.
Recorder's Court established,...    202
Jurisdiction and powers of Recorder's Court,. 204
Terms of Recorder's Court,...          210
Take recognizances, punish for contempt,..  215
Rules, Executions, Judgments,...    217
Costs and fees of officers in,....          218
Writ or process, title and teste,...    219
Actions, how commenced and prosecuted,..  220
Appeals from Justice's Courts,......           221
Certaiorari may issue,........      222
Maybe removed to Supreme Court,..       226
Offences and misdemeanors, proceedings,,. 228
Justice's Court,. *..            233
Judgments may be appealed,... 236
Additional powers granted,...         260
COMPENSATION.
Common Council to regulate, to be paid to officers,    3
14
3
6
4
6
6
8
6
8
87
d,    88
154
216
218
40
41
69
92
92
1
2
3
4
24
216
65
172 75
. 255 106
88
89
90
91
92
92
92
92
93
93
94
95
97
98
107
6 
OF THE CITY OF EAST SA GINA W.                       15
SEC.  PAGE.
C y be sued for,...            1      4
by of officers for,....           101    45
blic improvements, notice of application for
ssessment of....124                        59
A ent and apportionment of...    133      62
of assessment of,..... 136         63
for and payment ot,....    151       67
buildings are destroyed in case of fire,      194      84
nsafe buildings are removed,..   250    103
DAMAGES.
DEFICIENCY.
In annual tax levy, how supplied,
In Special assessments,
1)[RECTOR OF POOR.
How elected......
When elected and term of office,
Must be resident and elector of city,
General duties of,
Certify expenses to Controller,
DISORDERLY PERSONS.
Powers of Council,
Who are, and how punished,
DISORDERLY HousEs.
Power of Council to abate,
Penalty may be imposed,
DoGs.
Running at large, may be prohibited,
Dog fights, prohibited,. 
DRAINS.-(See Sewers.)
DRIVING.
Immoderate, may be prohibited,
DRIVERS.
Rules, regulations and license for,
DRUNKARDS.
May be restrained and punished,
Who considered, how punished,
ELECTIONS.
When and where held,.. 
How conducted,.....
Who to be inspectors of,.. 
Result, how stated and certified,
Notices of Special, &c,.. 
104
. I ill.
48
74
6
7
ol
86
44
3
6
4
. 196
98
45 20
240 99
45
47
20
24
45
45
22
22
45 21
4,5 23
45
239
20
98
5
11
.13
19
.24
6
10
11
12
14 
INDEX TO THE CHARTER
SEC.   PAGE.
12       11
.   15       11
32       16
.  279      111
ELECTORS.
Who are deemed,,I
How electors to vote,
Residence of, how determined,
Must be registered, and how,
ERRORS.
Of jury, corrected, in certain cases,
Supreme Court to remand for, when,
Clerical, shall not invalidate assessments,
Taxes invalidated by, may be re-assessed,
EVIDENCE.
Of ordinances, what to be necessary,
Council shall hear, in certain cases,
Officers not to be removed without,
Copy of confirmation to be,
As to surety taken in writing, -
EXECUTION.
May issue from Recorder's Court,
For penalty may issue immediately,
EXHIBITIONS.
May be licensed and regulated,
EXPENSES.
When annual to be audited,
Controller to audit all bills for,
FALSE SWEARING.
At elections, how punished,
In any oath or affirmation to be perj
As to any assessment or valuation,
FINANCES.
Common Council to have management of,
Council to levy taxes, and the several funds,
FINES.
To constitute part of Poor Fund, &c.,..    105    49
Received by Justices, how disposed of,.. 79          38
Belong to Cemetery Fund in certain cases,.     91    42
Belong to Poor Fund in certain cases,..  201      87
Marshal and Constables to pay over,..    227       94
May be committed in default of the payment of,       237      98
Belong to Hospital Fund in certain cases,.. 248    102
FIRE DEPARTMENT.
Tax for support of the,..                      104     48
Common Council may organize,..       187      82
FIRES.
Regulations to prevent,
Council may establish fire limits,
Marshal shall attend, and duties,
16
140 64
. 146 65
172 75
.  180 78
49 24
. 62 27
9 10
. 149 66
252 105
. 217 92
237, 98
45 21
56 26
67 30
12 11
. 254 106
68 33
. 45 20
103 47
46 24
. 181      80
75 36 
OF THE CITY OF EAST SAGI.
.AW.              17
SIC.  PAGN.
.  45        22
7       9
.  95       42
3        6
FIRE WOOD.
Council may prescribe stands for,
Inspectors, when and how appointed,
Duties of Iuspectors,.. 
Common Council to regulate,
FEES.
Of Collectors of taxes,
Of the Recorder,
Clerk to receive, 
Of Justices of the Peace,
To Jurors in certain cases,
FENCE VIEWER.
Marshal to act as,
FUNDS.
How divided,.. 
GAMING AND GAMBLING HOUSES.
Council may regulate and restrain,
GEESE.
Running at large may be prohibited,
GUNPOWDER.
Council may regulate sale and storage of,.    45
Transportation or keeping regulated,..  184
HARBOR MASTERS.
Appointment and powers,...          45
HACKNEY COACHES.
Council to establish fees of, license for and stands,    45
HIGHWAYs
Common Council Commissioners of,
Council may establish boundaries of,
Tax for Highway purposes,
Districts may be created by Council,
Expense of cleaning may be assessed,
Prevent encroachments upon,
HORSE RACING.
In streets may be prohibited,
HOUSES OF ILL FAME.
May be suppressed,.. 
IMPRISONMENT.
For violation of ordinances,
For malfeasance in office,
For contempt of court,
By Justices of the Peace,
INN KEEPERS.
To be licensed and regulated,
Penalty when not licensed,
Report contagious diseases, 
. 97
218
. 99
78
.   155
44
92
45
38
69
75 36
. 103 47
45 20
. 45 22
21
81
24
23
156
. 46
1.04
. 158
175
. 46
59
24
48
70
76
24
45 21
45 20
47
. 102
2i5
77
24
45
91
38
.    55
55
. 247
25
26
102 
INDEX TO THE CHARTER
SEC.  PAGE.
..   13-14            11
INSPECTORS OF ELECTIONS.
(See Elections,)
INTOXICATING LIQUORS.
Sale of restrained,
JUDGE.
Not disqualified because an inhabitant,
JURORS.
Not disqualified because an inihabitat
In cases of public improvements,
Application for,....
Duties of and how obtained,
For Recorder's Court,. 
JUSTICES OF THE PEACE.
To be elected and terms,....       6       7
Powers and jurisdiction of.          77      38
Duties and fees of,.      -.              78    38
Bonds of, report to Council,...   81    39
Dockets and books of,.........             82      39
When to sell property seized,....  83    39
Civil jurisdiction of,...                233    97
Issue execution, commit to Jail,...  237       98
Vagrants, disorderly persons and drunkards may be
committed by,..,   239   98-9
May be removed, &c.,.........           80      38
LAMPS, LANTERNS. LIGHTS.
Protection and safety of,...     45      23
Use of, regulated by Council,...  184        81
LADDERS.
May be required for protection,
LANDS.
May be taken for public use,
Notice of Application to take,
Jury to view premises,
Jury to assess damages,. 
Objections, how made,                                    
Right of owner to appeal,
Assessment of damages,
Cause pay to be made and tendered,
LICENSE.
How executed and attested,
LIEN,-(See Streets and Taxes.)
LOCOMOTIVES.
Use of may be regulated,
18
45 21
235 97
Pt,. 235 97
123 58
:    -.   124 59
1 124 to 142 60-64
205 to 209 89
. 1 182 80
. 123
125
. 132
134
. 138
143
. 150
151
58
59
62
62
63
64
67
67
I
71 34
45 21 
OF THE CITY OF EAST SAGINAW.
SEC.  PAGE
MARKETS.
Location of and how regulated,
MARSHIAL.
How appointed, &c.,...       5
General duties of,.....         75
Fees and compensation,....        75
To collect certain assessments,... 150
When duties may be discharged by Constables,          154
Duties in Recorder's Court,...  205-7
Duties and powers,.......          216
Chief of Police and Ftence Viewer,..  75
MAYOR.
How and when elected,....         6
Must reside in city,..........                          4
May appoint special Constables and Watchman,            10
When to qualify, &c.,.........               23
To report officers not qualifying,...   30
Hold office until successor is elected and qualified,    35
Mayor and Aldermen to constitute Council,.     36
May call special sessions of the Council,.        36
Shall preside over the Council,..             37.  7
Veto power granted to,..........                3 8
To have casting vote in case of tie,..      40
Not to be interested in contracts or as surety,         44
To sign Cemetery Deeds,....        51
Shall sign annual statement,...       57
Special duties of, to execute laws, &c.,.         63
Conservator of the Peace, may act as Justice,           66
To sign all licenses granted,.                        371
To approve bonds of Justices of Peace,..   81
Marshal to report to and obey orders of,.     75
Power over Police Constables,...              87
May administer oaths,..,.      99
Preside at Citizen's meetings..            104
Sign City bonds and coupons,...    115
Issue warrant to Special Assessment roll,.  150
May require reports in certain cases,..    189
Powers at fires,............ 193
Consent to tear down buildings in case of fire,       194
May remove prisoners to County Jail,..  231
Examine sureties on oath,..                 252
Administer oaths in Council,..            253
Process may be served on,..               261
Compensation of,..........             59
19
45 22
9
36
37
67
69
89
92
36
7
6
10
14
16
16
17
17
18
18
18
20
25
27
29
30
34
39
36
40
45
49
54
67
83
84
84
96
105
105
107
27 
INDEX TO THE CHARTER
E C.  PAGE,
M]EATS.
Vending of, may be regulated; Council to prohibit
and destroy putrid and unwholesome,.
MORTALITY.
Require keeping bills and statistics of,
MONEYS.
Common Council to control the deposite of,
MISCELLANEOUS PROVISIONS.
(See Title 11)....,.
NAME.
Of Corporation,
NOTICE
To be given of annual election,..      5
To persons elected to office,...   23
Of Special elections,...........             26
For Special meetings of Council,....            36
Publication in weekly paper to be sufficient,.      50
Clerk to give, to County Treasurer of appointment
of Collectors,........              97
Clerk to give, meeting of Board of Review,..  108
Treasurer to give, of annual tax roll,..   110
Of Citizens' meeting, to vote additional tax,. 104
Of Citizens' meeting to vote bonds,...    115
Of Citizens' meeting, to vote tax for public buildings, 122
Of resolution to take private property,.         125
To City Attorney in case of appeal,...    143
Of public improvements, how given,..   159
Of completion of special assessment roll,. 164
When roll is delivered to Treasurer,.         166
In case of sale of personal property for taxes,        178
By Steamboat Captains of any infictious disease,       243
By Innkeepers and Physicians,    "          "          247
To repair unsafe buildings,.,.          250
Of registration of voters,.......    279
Of plan of sewerage for city,....   285
Parties so assessed for Sewer taxes,.. 294
NUISANCES.
May be abated,... 
When buildings may be declared,
Injurious to public h'ealth to be abated,
Drains and pools may be filled,
NON-RESIDENTS.
May be assessed,....
Liable for nuisances, repairs, &c.,  
20
45 22
. 45 22
61 27
252 to 279 105
1      3
6
14
i5
17
25
1 44
50
51
48
.54
57
59
64
71
72
72
.78
101
102
103
ill
114
118
45 23
. 181       80
242 100
. 249 102
161 71
. 175 76 
OF THE CITY OF EAST SAGINA W.
S'C. PAGE.
OFFENCES.
Against ordinances, how punished,
Penalty in special cases,.  
Of City officers, how punished,
Expenses, how paid, in certain cases,
OFFICERS.
Election and appointment of,. 
To be residents of city and wards,
Who elected,,...                                       7
Who appointed,....
Council to regulate duties and compensation,
May be removed, and how,                                  
When to enter upon duty of office,.
How to qualify,..... 
What deemed a refusal,                                 2
Expulsion and removal of,                                 
Resignations, how made,                                3
ORDERS
For payment of money, how drawn,
Interest and payment of,.
ORDINANCES.
What, to go into effect after 24 hours,
What, after three days notice,
Penalty of, how limited,
How used in evidence,
Power of Council to make, 
Proof of publication of,
Enforcement of, Mayor charged with,
PAWN BROKERS.
Council may regulate,
PEDDLARS.
May be regulated and licensed,
PETrrITION.
Right of guaranteed,
PENALTY.
May be imposed, limitation of,
Ordinance with, when to take effect,
Suit for recovery of, how brou ght,
Execution for, how collected,..
PENITENTIARY.
Keeper of, how appointed,
May be provided, regulated, &c.,
What persons to be confined in,
21
47
...      55
'      -. 62
.   88
24
26
27
41
3
4
6
7
3
9
22
.23
. 128
.62
31
5
6
7
9
6
10
13
14
15
27
16
119 56
73 34
38
. 48
47
. 49
45
. 265
63
18
24
24
24
20
108
29
. 45 23
45,
231
. 273 110
47
. 48
235
. 237
24
.24
91
89
7
. 230
231
9
96
96 
22i2DEX TO THE CHARTER
8'C.   PAGE.
12       11
-..  -68        33
.. 254    106
PERJURY.
False swearing at elections to be,
Before Assessor, as to property, to be,
What false swearing to be,..
PEST HousE.
May be constructed and regulated,
PHYSICIAN.
To be appointed for City,....          3
When appointed, and term of office,.         7 7
Council to regulate compensation,..  3
Duties prescribed by Council,....  95
In case of contagious diseases,    2..           242
Practicing, to report cases of infectious diseases,    247
PLATS.
Of additions must be approved by Council before
recorded,.....
POLICE JUSTICE.
To give security,. 
Dockets to be open to inspection,
Reports of,..... 
PERCENTAGE.
Council to prescribe what, to be added to tax rolls,    73
POLICE CONSTABLES.
How appointed, duties and powers,.  7
Powers, bonds, fees, &c.,.......           85
Council to fix compensation,....    96
Mayor may appoint special,....  10
May be removed,.......        62
POLLS,-(See Elections.)
POOR.
How to be supported,
POOR FUND.
What shall constitute,
Penalties to be a part of,
PORTERS.
To be licensed and fees and compensation to be
regulated,...
POUNDS.
Masters and keepers to be appointed,
Compensation and duties of Masters,
May be regulated and established,
PRIVATE PROPERTY
How taken for public use,..
PROCESS.
Against City, how issued and served,
. 22
. 242
100
5
9
6
42
100
102
. - 271 109
81     39
.: 82 39
81-83     39
36
9
40
43
10
27
197 86
. 105 49
201 87
.. 45'-' 23
1 7
. 96
I z 45
9
43
22
. 123 59
261 107 
OF THE CITY OF EAST 8A GINA W.
SEC. PAGE
PUBLIC HEALTIH.
Board of, how constituted,..
Duties of Board of, prescribed,. 
Captains of boats to report to, penalty,
Proprietors of conveyances to report to, &c,
Penalty for bringing infected property into city,
Powers of Board over boats,...
Innkeepers and Physicians to report to,
Moneys for fines, how applied,...
Nuisances may be removed, expense of,
City Clerk to be Clerk of Board of,..
PUBLIC-IMPROVEMNTs.-(See Streets and  A8sssments.)
PUBLIC MEETINGS.
To vote tax, bonds, &c., how held,..
PuMPs.
May be established, regulated and protected,.
QUORUM.
Of the Council, what shall constitute, when there
is no,... 
RAILROADS,
Route, grade and use may be regulated,.    45       21
Special franchise may be granted and taxed,. 274    110
REAL ESTATE.
City may acquire, hold and convey,.        1       4
To be controlled by Council.....   45        20
Controller to make contracts, sign deeds, &C.,        67      30
RE-AssESSMENTS.-(See Asses8ments, Streets and Public Improvements.)
RECO RDER.
How elected and term of office,...         6       7
To act as Mayor in certain cases,... 37-8      18
General powers and duties of,....    76         37
Act as Justice of the Peace, when,,..  66    30
Preside at public meetings, when,...   104    49
To have a seat in the Common Council,..  76     37
To hold a Court, duties and jurisdiction,.    202      88
Direct removal of Prisoners to County Jail,. 231      96
RECORDER'S COURT.
To possess powers of common law and to be a Court
of Record,.........         260    107
Jurisdiction of, enumerated,.....    204      89
How Jury in, obtained,..........           205      89
Terms of,............. 210               90
Duties of Clerk, Journal of,....    211              91
Recognizance, imprisonment, fines by,.. 215      91
Marshal and Constables, duties of at,..    216    92
23
241
242
243
.244
245
246
247
248
249
251
100
100
101
101
101
102
102
102
102
104
.   104.48
45    23
. 43
19' 
I.NDEX TO THE CHARTER
SEC. PFAG.
RECORDER'S COURT,-(Continued.)
Rules, executions, judgments, costs,
Writ, process, actions, how commenced,
Appeals, Certiorari,... 
Suits, how removed to Supreme Court,
Entry fees, fines, penalties, how paid,
Offences and misdemeanors, may be tried in,
When to issue capias,... 
Special powers and proceedings when private pro
perty is taken for public use,.    12
Jurisdiction over steam crafts, &c,
Powers of, generally, as Court of common law,
REDEMPTIONS.
Of lands returned for special taxes,
REMOVALS.
Of officers from city or ward to vacate office,
Power of Council to make,..
In case of Justices of the Peace,..
Cause for and manner of making,
Absence of Aldermen to have effect of,
Of Prisoners to County Jail,
Persons infected with disease to hospital,
RESERVOIRS.
Power to build, establish and regulate,
RESOLUTIONS.
When to take effect, how suspended,...   38       18
How certain, to be passed, seven votes required,       43    19
For payment of money, what to specify,..  119       56
For public improvement, to be drawn by Attorney,   124         59
Clerk to certify,........              126      60
Clerk required to publish,.......     72     34
RETURNS OF TAXES.
How made by Collectors to Controller,.     97     43
General tax rolls to be made to County Treasurer,      97     43
For damages in case of public improvements,           150    67
Of special assessment taxes to Controller,            166     73
Of Controller to the Assessor,...        166   73-4
RESIGNATIONS.
How made and accepted,                                       1
RUNNERs.
May be licensed and regulated,
SALARIES.
Council to have sole power to fix,
When Council to fix,
Controller to audit and certify. 
24
. 217 92
.' 219 92
221 93-4
.   1226 94
166 73
4
9
80
. 62
60
. 231
242
6
10
38
27
27
96
100
45 23
31 16
45 23
3 6
1 96 43
67 32 
OF THE CITY OF EAS'7 SA GINA W.
sma.  PAG]
At auction, how regulated,....  45        21
Collectors of taxes authorized to make, of personal I 97    43
property for taxes,....       110   53
Proceedings by Collector in case of,..   111   53
n case of special assessments,.... 178          78
Of unclaimed property by Justices,..     83     39
SALES.
SALOON KEEPERS.
Council may license,. 
Power of the Council over,
Penalty for not obtaining license,
SCUTTLES.
May be required in buildings,
SCHOOL INSPECTORS.
How elected and term of office, duties of,
SEAL
Clty to have a common,...
Recorder's Court shall have,
To be used on transcripts and copies,
To be attached to certain tax warrants,
Required in certain assessments,
To be borne on Controller's warrant,
SEALERS OF WEIGHTS AND MEASURES,
How appointed,... 
Duties and penalties;..
SEWERS.
May be built,...........                157      70
Council may assess lands benefitted by,.    176      76
Board of Sewer Commissioners provided for,.    280    113
Duties of Commissioners,......282    114
Plan of Sewerage,..........         284-5  114-5
How public, shall be built,..         287    115
Expenses, how certified and audited,...  288  1i6
Assessment of cost of,...         291-5    117
Notice to parties assessed,...    294    118
How taxes for, to be assessed,...               296    118
Regulations and permits for use of,..  299    119
SAGINAW RIVER.
Powers of Council relative to,..           45      22
Council to preserve salubrity of waters of,..   45      23
Dock lines for, and penalty,...             45      23
Licenses for Ferries,.......           58      27
Harbor Masters to be appointed, &c,..     45      24
SEXTONS.
May be required to obtain license,
25
.   55 25-6
45 21
.   55 26
182 80
6      8
1
. 202
71
...  110
150
. 166
4
88
34
53
67
73
7 9
. 45 24
11 45 23 
2G         INDEX TO THE UHARTER
SEC.  PAGE.
SEows.-(See Exhibitions.)
SIcK PERSONS. —(See Public Health.)
SIDEWALKSs
Power to cause to be constructed, &c.,
Repaired and cleaned,. 
Cumbering of, may be prohibited,
To be kept clean,....
SLIPS.
Cumbering of, may be prohibited,
STAGE COACHIES.
Stands for, fares, may be regulated,
Owners and Drivers to report sick persons,
STOLEN PROPERTY.
Disposition of,
STOVE PIPES.
Cleaning of, may be required,
May be removed, &c.,
STREETS.
Cumbering of, prohibited,. 
Council-to exercise general powers over,
Non-residents may be assessed for cleanir
repairing,.....
Power to repair, cleanse and preserve,
Power to discontinue streets,
STREETS AND PUBLIC IMPROVEMENTS
Powers of Council as to, enumerated,
Proceedings when private property is tak
Notice to owner of intention to take prop
City Att'y to make application to Recond
Jury to be drawn, and how,..
Jury to view the premises,
Decide necessity and protect interests,
Assess and apportion damages,
Report of Jury, how made,..
What report shall contain,
Time for hearing report and objections to
What objections may be raised,
May be confirmed or referred back,
If no report is made or is annulled,
How Jury may be filled after sworn,
Right of appeal and proceedings,
When case may be remanded,
Proceedings in case of amendment,
Confirmation to be final and a lien,
How record shall be made,
26
INDEX TO THE CHARTER
. 173
175
. 45
45
75
76
21
22
45 21
45 23
244 101
83-5 39
. 183 81
184 81
21
24
76
69
70
123 58
ell, 123-4 59
erty, 125 59
er's Court, 126 60
127 60-1
132 62
133 62
134 62
135 62
136 62
same, 138 63
139 64
140 64
141 64
142 64
143-5 64-5
146 65
147 66
148 66
149 66 
OF THE CITY OF EAST SAGINA W.
'SEC. PAGE
STREETS AND PUBLIC IMPROVEMENTS.-(Continued.)
When and how damages to be paid,..          150-1
Fee of land, when to vest il city,...   152
In case of lease or encumbrance, Commissioners to
be appointed, &c.,...       153
When proceedings may be abandoned,.. 155
Proceedings when private property is not taken and
expense is assessed on property benefited,    159
Assessment, how to be made,...    161
Notice to persons assessed,....  164
Appeals, proceedings, confirmation, &c.,.   165
How tax is to be collected, when to become a lien
on lands,............             166   72-3
Record not to be void, &c.,..  172      75
Plaintiff in actions to give security,.         172      75
Sidewalks, how ordered and made,...  173       75
When assessments may be made,...    174       76
How assessment may be collected,...  177            77
Sale of personal property authorized,..    178       78
Re-assessmenlts, how and when made and effect of    180         78
SUITS.
For penalties, how brought,
For forfeitures, how brought,
SUPERVISORS.
One for each ward, -...
How elected and term of office,
Must reside in ward,                                    
To be inspector of election,                            
Council to appoint in case of vacancy,
General duties and compensation of,
Extra compensation for certain duties,
Be members of Board of Review and duties,
SURETIES.
May be required to justify under oath,
SURVEYOR.
Appointment and term of,
Duties to be prescribed,
SWINE.
May be prohibited from running at large,
TAVERN KEEPERS.
How regulated,.........            
Restraints in certain cases,                                      
Must obtain license,...... 
To report persons sick of infectious disease
27
67
68
68
69
70
71
72
72
12 24
. 235 97
3
6
4
. 13
25
. 70
68
. 108
5
1 8
6
11
14
33
33
50
. 252 105
3 6
. 95 42
45 22
.   55
45
.   55
s 247
25
21
26
100 
INDEX TO THE CHARTER
SEO.  PAGE.
Power of Council to levy,....    103        47
Manner and amount to be raised,..  104           48
How additional tax may be raised,..    104       49
When Council to determine amount to be raised,        106      49
When annual tax roll to be completed,,   107       52
[ow taxes shall be assessed,...  109        51
When city taxes to become due and payable,            110      51
Duties of City Treasurer, to collect,.&c.,             110     52
Duty of Collectors to collect,..  110      52
Marshal to collect in certain cases,..    150      67
cf Collection of special assessments,.  166      72
Sewer taxes, how assessed,...        28c    114
Manner of assessing and collecting sewer,..  296    118
Special tax may be voted,..                 122      57
Basis of assessments, limitations,...  117       55
State and County, how assessed, collected and
TAXES.
returned,...........     114
Warrants may be extended and renewed,.. 110
Power of Collector's Warrant,...               111 l
Penalty, percentage, returns,..             110 
When to become a lien,.........            113
Sinking Fund raised by,.......118
When assessment for public improvements become
a lien,............               166
Returns, interest redemption of,...            166
When may be re-assessed, and how,.,.    180
Special franchise may be taxed,...  274
Council may remit in certain cases,...    275
Sewer taxes, when to become a lien,..2 296
For draining pools and low lands, how levied and
enforced,...........               300
May be imposed for removing nuisances,                2. 249
THEATRES.
May be licensed and regulated,
TREASURER.
To be elected,....... 3.....
How chosen and term of office,...    6
General duties of, to receive taxes and moneys,       73
To make reports and settlements,...    73
How warrants and bonds to be paid,.. 73
Have an office, books open to inspection,.   73
Additional duties and compensation,... 73
Receipts for tax rolls,....    108
To give notice to tax payers and what to contain,    105
28
54
53
53
52
54
56
73
73
78
110
110
118
119
102
45 2[
5
7
34
35
35
35
36
50
51 
OF THE CITY OF EASI SAGINAW.        29
SeC.  PAGE
TREASURER.-( Continued.)
Taxes, how received and accounted for,..    110
When to pay over School moneys,..  112
Collection of special tax rolls,..       166
Deposite for damage for lands taken to be made with, 151
Certificate of same to be evidence,..    152
Collectors to pay money to, when,...  97
VACANCY.
What shall create a,.       4
In office of Supervisor, how filled,...    6
Council may appoint in case of all appointed officers,   8
Ballots in cases of,...........                           17
In case of Alderman,........             24
In elective offices, how supplied,.   25
Neglect to qualify to create a,....   28
Of Inspectors of Election, how filled,..      33
Absence of Aldermen to create,...   60
In case of Collector of taxes, how filled,.      97
In Board of Registration, how filled,.    279
VAGRANTS.
May be restrained and punished,
Who to be deemed, how punished,
VENIJE.
For Jury in Recorder's Court,
In cases of public improvements,
VESSELS.
Recorder's jurisdiction in cases against,
Master to report sick persons on board,
May be quarantined, penalties,
WARDS
Number and boundaries of,
WATER.
Council may make provisions to supply city with
WARRANTS.
To tax rolls to be made by Controller,
Return of, by Collectors of taxes,
May be renewed and extended,
Powers of warrant,....
To be made by Mayor in certain cases, 
In case of special assessments,
Return of, by Collectors of taxes,
Sale of personal property under,
51
54
72
67
68
43
6
8
10
12
14
14
15
16
27
44
ill
45 22
... 239 98
206 90
. 128 61
76
. 243
246
37
101
102
2 4
46 24
67
. 97
110
. ill
150
. 166
.1 166
. 178
32
43
53
53
67
73
73
78 
INDEX TO THE CHARTER
SEC.   PAGE.
WATCHMEN.
Council to appoint,, 
Mayor may appoint, special,
Powers and duties of,. 
Council may prescribe fines, &c.,
WEIGH MASTERS.
Appointment and term of office,..     7
Duties of, how prescribed,....  95
WEIGHTS AND MEASURES.
Common Council to prescribe penalty for using false,  45
WELLS.
Council may establish and regulate,
WORK HOUSE.
Keepers of, Council to appoint,
Special tax may be voted to erect,
Council may establish and regulate,
Working of poor,.                                             
Working of prisoners,. 
WRITS.
In Recorder's Court, in the name of, &c,
Of Certiorari from Recorder's Court,
Of Habeas Corpus from Recorder's Court,
30
9
10
9
22
. 10
7
. 45
9
42
24
45 23
7
. 122
230
. 200
230'
9
57
96
87
96.
. 219
222
. 76
92
93
37
i I i
W'V.    g'    1 "-, R(1 A k 0
I "I i, I