DUPL
B 49522 5
:

To
League of Michigan
Municipalaties,
Compliments of
CITY OF MARQUETTE, Mich.
0.249
No.
}
JS
1087
.A3
8681
THE

CHARTER AND ORDINANCES
CITY OF
OF THE
•Mich. Ordinances.
THE LAWS RELATING TO
THE BOARD OF WATER AND FIRE COMMISSIONERS,
THE BOARD OF LIGHT AND POWER COMMISSIONERS,
SCHOOL DISTRICT NUMBER ONE and
THE PETER WHITE PUBLIC LIBRARY.
1
ALSO,
MISCELLANEOUS PROVISIONS OF LAW REQUIRING DUTIES
OF LOCAL OFFICERS,
AND OTHER MATTER RELATING TO MUNICIPAL AFFAIRS.
t
;
COMPILED BY AUTHORITY OF THE COMMON COUNCIL
BY GEORGE P. BROWN,
CITY ATTORNEY.
MINING JOURNAL PRINT,
1898.
APPROVED AND PUBLISHED UNDER DIRECTION OF
WM. J. STEVENS, FRED'K O. CLARK AND JAS. W. YOUNG,
COMMITTEE ON ORDINANCES, ETC.
N
32
3 - 1 3 -18°
TABLE OF CONTENTS.
OFFICERS.
Officers, boards, etc., of the city for 1898-9.
City officers since incorporation of city
Membership of common council since incorporation of city..
TITLES.
•
Titles of all legislative acts relating to municipal affairs..
List of all village and city ordinances, with the dates of adoption . .
List of ordinances contained in the compilations of 1873 and 1887
ACTS OF INCORPORATION.
Act incorporating the city of Marquette.
•
Chap. 1. Of the corporation and its boundaries.
66 2. Wards and their boundaries.
Page.
vii
viii
ix
xi
xiv
xxiii
..1- 80
1
66
3. Electors and registration...
2
3
66
66
4. Of officers, their eligibility, selection and terms.
5. Elections, when and how held...
•
7
•
66
66
6. Vacancies in office, when they exist, how filled, etc..
7. Of the powers of the common council..
9
10
66
8. Appropriation of private property.
23
66
•
66
66
66
66
13. Compensation and duties of officers.
66
9. Of the powers and duties of officers.
Mayor.
Recorder
Controller..
•
President pro tempore.
Street commissioner.
Aldermen..
•
Marshal...
City attorney
Treasurer.
Supervisors
Justices of the peace.
10. Of the public health
Of light and power.
•
Of the park and cemetery commission..
11. Courts of justice, fines, penalties and legal proceedings
12. Of taxation, taxes and the collection thereof..
Of public improvements and assessments therefor.
Of dog taxes and collection thereof.
14. Miscellaneous provisions..
Of the board of fire and water commissioners..
154484
31
31
32
33
36
36
37
37
38
38
39
39
41
43
43
47
55
63
69
73
74
•
77
Heclass,
MVP
IV
TABLE OF CONTENTS.
Of school elections..
Of qualifications of electors in school elections. (Note)
Act incorporating the board of fire and water commissioners.
Act authorizing the board of fire and water commissioners to borrow
money and issue bonds...
•
Act incorporating the light and power commission
Act establishing school district number one.
Act incorporating the Peter White public library.
Grant of Presque Isle to the city...
• •
• •
ORDINANCES.
Page.
78
81
87
88
95
96
99
No.
1. Meetings and proceedings of the common council.
Standing committees..
Order of business..
2. Ordinances, record and proof of.
•
3. Appointment and confirmation of officers..
4. Preferring and trying charges against officers
5. Appointment and duties of city engineer...
6. Grading, paving and improvement of streets, etc., and the use and
protection thereof....
7. Construction of sidewalks, assessments, encroachments.
8. House sewer connections and drainage.
9. Numbering of lots and buildings..
10. Collection of special assessments..
•
11. Sale of lands for assessments, and redemption.
12. Organization of a city police..
•
13. Prevention of vice and immorality, etc..
14. Public peace and good order...
15. Exposure to injury by street cars, etc
16. Blowing of steam whistles..
17. The use of slung shots
18. Coasting, skating and dog sleighs.
19. Use of bicycles and similar vehicles
•
·
•
•
20. Protection of public lamps and lamp posts
21. Protection of public parks, cemeteries and grounds
22. Opening and closing saloons...
23. Duties of fire warden and protection from fire.
25. The harbor of Marquette
24. Fire limits and the construction of buildings.
26. Establishing harbor wharf limits.
27. The public health..
28. Nuisances.
•
29. Introduction of cholera, etc., into the city..
30. The sanitary condition of barber shops
31. The burial and removal of the dead.
32. The public park and city cemetery, etc.
33. Auctioneers
34. Hawkers and peddlers
35. Public entertainments.
•
100
101
•
101
102
•
102
103
105
106
•
112
118
119
120
121
124
128
133
·
133
134
135
135
136
137
137
139
139
141
145
147
148
152
155
156
157
159
160
162
163
TABLE OF CONTENTS.
V
36. Pounds, poundmasters and restraining animals
37. Voting on the borrowing of money.
38. Accepting Marquette monument and for its preservation
39. Defining offenses, prescribing penalties and providing for the em-
ployment of offenders..
40. Relative to police...
•
41. Prohibiting the use of overloaded vehicles.
41. Adopting rules of parliamentary practice
·
Page.
165
170
172
225
226
227
228
RESOLUTIONS.
Relative to delinquent personal taxes
Remitting of special assessments. .
Publication of charter, ordinances, etc..
172
173
228
MISCELLANEOUS LOCAL REGULATIONS.
The Davis sewer specifications.
174
Rules and restrictions of the board of fire and water commissioners,
for the government of water takers.
185
Location of fire alarm boxes.
•
Rules and Regulations of the Peter White public library
State law for the protection of libraries. .
185
186
188
Rules and regulations of the light and power commission
189
• •
MISCELLANEOUS PROVISIONS OF LAW.
Party challengers at elections.
The public health.
Quarantine...
Offensive trades..
Boards of health in cities.
•
Caucuses and conventions..
Purity of political conventions.
Election laws...
Election commissioners.
Party committees..
Anti-fusion law...
Offenses against election laws.
•
Betting on elections and appointments
Maintenance of political purity..
Inspection of buildings..
•
Bonds to insure payment of wages and for materials.
Small pox and other dangerous diseases
191
192
192
193
193
193
193
194
•
194
•
195
197
197
199
201
201
203
203
Free vaccination....
Introduction of dangerous communicable diseases.
Spread of dangerous communicable diseases.
Prevention of blindness in the newly born.
The registration of deaths..
The registration of physicians and midwives.
203
203
•
204
•
204
204
206
VI
TABLE OF CONTENTS.
Page.
The compulsory education of children, and punishment of truancy... 206
Act to prevent crime and punish truancy..
Impounding of animals
Vicious dogs...
•
The law of the road and the regulation of public carriages.
The use of bells on teams and sleighs.
Public peace and morality...
Carrying concealed weapons.
Houses of ill fame...
Drunk and intoxicated persons
•
Disorderly persons.
Furnishing tobacco to minors.
•
Improper language in presence of women or children.
Sunday observance, gaming, betting
Penal provisions of the liquor law
• ·
Females as barkeepers, etc..
Crimes and the punishment thereof..
The safekeeping of public moneys
Loosing horses, teams and boats..
Parliamentary practice, relative to motions.
Fees of officers in criminal cases.
CITY ORDINANCES.
208
209
212
•
212
213
213
213
214
214
214
214
214
·
215
217
220
•
220
221
221
222
224.
Ordinance defining offenses, prescribing penalties and providing for
the employment of offenders ..
225
Ordinance relative to regular and reserve police.
Ordinance prohibiting the use of overloaded vehicles..
226
227
Ordinance adopting rules of parliamentary practice..
Resolution relative to publication of this volume
228
•
228
INDEXES.
Index to city charter and board acts...
Index to ordinances, local regulations, etc.
229
250
• •
OFFICERS OF THE CITY OF MARQUETTE-1898-9.
VII
Officers of the City of Marquette--1898-9.
MAYOR..
TREASURER.
RECORDER.
•
PRESIDENT OF COUNCIL.
Controller.......FRANKLIN E. BAY.
Marshal... TIMOTHY J. MANEY.
Street Comm'r.. ROBERT R. FRENCH.
WARD.
SUPERVISORS.
First.. John Connors..
Second. Joseph Fay..
Third.. Daniel W. Powell.
Fourth. George Wagner..
Fifth.. Wm. J. O'Meara.
•
•
Sixth Seymour H. Holley.
Seventh Francis Finlay.
Eighth. Edwin J. Sink......
JOSEPH F. NEIDHART.
AUGUST MACHTS.
THOMAS MEADS.
HENRY C. HAMILL.
City Attorney... GEORGE P. BROWN.
Health Officer.....F. McD. HARKIN.
Harbor Master..PAT'K H. MCGUIRE.
ALDERMEN (COMMON COUNCIL).
•
•
...
Michael W. Shea. Martin Gorman..
Frederick O. Clark.. John E. Tobin..
William J. Stevens.. Oliver D. Jones..
James W. Young... Albert D. Jacobs
Charles Beaudry.... James T. Gray
John A. Ekstrom.. Jacob Smith.
Emil Gustafson. Walter T. Ward....
Henry C. Hamill.... William A. Brown..
•
Election Commissioners.-Francis M. Moore, Wm. S. Hill, Frank Pendill.
Fire Wardens.-James J. Donovan, Michael V. Mullally.
Regular Police.-Chas. Anderson, Wm. J. Clendinning, Theophile Henne,
John E. Powers, Peter Doetch, Michael H. Foard.
Justices of the Peace.-Thomas Meads, Samuel E. Byrne, Leonard P.
Crary, Charles D. Blanchard.
Constables.-Jacob Dolf, Conrad Wellman.
Poundmasters.-Richard G. Holmes, Joseph Duyore, Robert Hume.
PUBLIC BOARDS.
Board of Fire and Water Commissioners.-Edward B. Palmer, president;
John P. Kern, secretary.-Members: Edward B. Palmer, Leander
C. Palmer, Edward E. Homeier, Charles H. Call, Charles A. Eggers,
Joseph F. Neidhart (ex-officio).
Light and Power Commission.-James Russell, president; Frank Pendill,
secretary; Russell H. Willson, superintendent.-Members: John J.
Connolly, Hazael J. Payne, Edgar H. Towar, James Russell, Frank
Pendill.
Park and Cemetery Commission.-Peter White, president; William Burt,
secretary; Robert Hume, sexton. Members: William Burt, Daniel
W. Powell, Peter White, Joseph F. Neidhart (ex-officio).
Trustees School District No. 1.-Joseph F. Neidhart, moderator; George
Barnes, director; Peter White, assessor.-Trustees: George Barnes,
Joseph F. Neidhart, John L. Johnason, Peter White, Frederick O.
Clark.
Trustees of Peter White Public Library.-A. Kline Thiell, president;
Francis P. Midlam, secretary; Rose E. Patenaude, librarian. -Mem-
bers: A. Kline Thiell, Arthur E. Delf, Francis P. Midlam, John W.
Stone, Charles R. McCabe.
VIII
CITY OFFICERS SINCE INCORPORATION OF CITY.
YEAR.
MAYOR.
1871
2
Henry H. Stafford.
Samuel P. Ely.
3
Samuel P. Ely
4
5
CITY OFFICERS SINCE INCORPORATION OF THE CITY.
RECORDER.
TREASURER.
Archib'ld G. Benedict Francis M. Moore..
Sidney E. Church. Francis M. Moore
Joseph H. Primeau.. Francis M. Moore.
Alfred P. Swineford. Joseph H. Primeau.. Francis M. Moore.
Alfred P. Swineford. Joseph H. Primeau.. August Machts.
·
John G. O'Keefe.
John G. O'Keefe
John G. O'Keefe.
MARSHAL.
Jacob Dolf.
Jacob Dolf.
STREET
COMMISSIONER.
One in each ward.
CITY ATTORNEY.
James E. Dalliba
Matthew McConnel.. James E. Dalliba
Thomas B. Rundle. Matthew McConnel..John L. Cochran
Thomas B. Rundle... John F. Mack…....... John L. Cochran,
Thomas B. Rundle... Edmund M.Spaulding John L. Cochran.
Alexander Ferguson Patrick Doyle.
William H. Kaighin. Patrick Doyle.
John A. French.
Robert R. French
Robert R. French.
Robert R. French
Robert R. French
Robert R. French.
Robert R. Frencn
Robert R. French.
1876
James Pickands..
Joseph H. Primeau.. August Machts.
7
Francis M. Moore.... Joseph H. Primeau.. August Machts..
8
James P. Pendill.
Joseph H. Primeau.. August Machts..
9
James P. Pendill.
John G. O'Keefe.
Chas. A. Eggers.
1880
James P. Pendill.
John G. O'Keefe
Chas. A. Eggers.
1881
James P. Pendill.
John G. O'Keefe.
2
Jeffrey Coles..
John G. O'Keefe.
•
3
Samuel W. Wheeler..
4
Frank B. Spear.
5
Henry C. Thurber
Samuel W. Bailey.
Charles H. Call
Charles H. Call
Charles H. Call
Charles H. Call
1886
7
8
9
Henry C. Thurber.
Timothy Nester
Frederick O. Clark
Frederick O. Clark
·
1890
John M. Longyear.
1891
John M. Longyear.
2
Sidney Adams..
3 Nathan M Kaufman Thomas Meads.
445
Nathan M. Kaufman Thomas Meads
John H. Jacobs.
1896
John H. Jacobs.
7
James E. Sherman.
Thomas Meads
Thomas Meads.
Thomas Meads.
August Machts..
August Machts.
August Machts.
James Maloney.
James Maloney.
James Maloney.
James Maloney
James Maloney
8 Joseph F. Neidhart.. Thomas Meads.
Thomas Meads.
Thomas Meads.
Thomas Meads.
Thomas Meads.
Thomas Meads.
Thomas Meads
Thomas Meads
Peter F. Frei.
Peter F. Frei..
August Machts.
August Machts.
August Machts..
August Machts..
August Machts.
August Machts.
August Machts.
August Machts.
Michael Ryan.
Michael Ryan.
James Maloney
James Maloney
James Maloney.
·
Eusebe Reau.
Robert R. French.
Robert R. French
Robert R. French.
Robert R. French
Robert R. French
Robert R. French.
Robert R. French
Patrick F. Mullally
John L. Cochran
John L. Cochran...
Matthew H.Maynard
Egbert J. Mapes...
Egbert J. Mapes...
Egbert J. Mapes..
Egbert J. Mapes
John F. Carey.
Egbert J. Mapes
William S. Hill.
William S. Hill.
Patrick F. Mullally.. William S. Hill
Patrick F. Mullally..William S. Hill.
John P. Finlayson... William S. Hill
John P. Finlayson... William S. Hill.
·
John P. Finlayson... George P. Brown.
John P. Finlayson... George P. Brown..
ASSESSOR.
Supervisors ex officio
Supervisors ex officio
Supervisors ex officio
Edward B. Palmer...
Edmund M.Spaulding
Richard P. Travers..
Edmund M.Spaulding
John F. Mack.
Leander C. Palmer.
Samuel E. Byrne.
Samuel E. Byrne.
Samuel E. Byrne.
Samuel E. Byrne...
Samuel E. Byrne...
Geo. P. Cummings
Samuel E. Byrne..
Samuel E. Byrne.
Samuel E. Byrne.....
Samuel E. Byrne....
Samuel E. Byrne...
Sidney Adams...
Sidney Adams...
Hampson Gregory
Sidney Adams..
Samuel E. Byrne....
CONTROLLER.
George A. Royce...
Robert R. French.... Myron J. Sherwood..
Robert R. French.. Myron J. Sherwood.. George A. Royce..
John P. Finlayson... George P. Brown..
Arthur T. Emmons.. Edward E. McIntosh George P. Brown
Arthur T. Emmons.. Edward E. McIntosh George P. Brown
Timothy J. Maney.. Robert R. French.... George P. Brown
Franklin E. Bay
Franklin E. Bay
Franklin E. Bay
Franklin E. Bay.
HEALTH OFFICER.-1871, 2, 3, 1881, Morgan L. Hewitt; 1880, 1892, Geo. J. Northrop; 1882, Joseph A. Desjardins; 1883-9, 1890, A. Kline Thiell;
1891, Alfred Desjardins; 1893, 4, 5, 6, 8, Fred'k McD. Harkin; 1897, Jas. H. Dawson.
CITY ENGINEER.-1889, 1890, Paul McKay; 1891, 2, 3, 4, 6, 7, Edward E. McIntosh.
•
COMMON COUNCIL SINCE INCORPORATION OF CITY.
IX
MEMBERSHIP OF THE COMMON COUNCIL SINCE
INCORPORATION OF CITY.
PRESIDENTS OF COUNCIL IN ITALIC.
1871.-Dan H. Ball, Timothy T. Hurley, Terrance Moore, Peter C. Parkinson,
Alex. C. Thiell, James M. Wilkinson, Archibald G. Benedict, Recorder.
1872.-Dan H. Ball, Timothy T. Hurley, Terrance Moore, Balthasar Neidhart,
Peter C. Parkinson, James M. Wilkinson; Sidney E. Church, Recorder.
1873.-James Atfield, Daniel Brittel, Thomas E. Cook, Edward Fraser, Amos
R. Harlow, Balthasar Neidhart. Joseph H. Primeau, Recorder.
1874.-Daniel Brittell, Thomas E. Cook, Edward Fraser, Amos R. Harlow,
Timothy T. Hurley, George Wagner, Joseph H. Primeau, Recorder.
1875.-Sidney Adams*, Thomas E. Cook, Edward Fraser, Burr Hursley,
Saly M. Levi, Patrick F. Mullally, James Oakes, John G. O'Keef, Michael Ralph,
Joseph H. Primeau, Recorder.
1876.-Sidney Adams, Thomas E. Cook, Elisha F. Eddy, Edward Fraser,
Henry D. Lyons, Patrick F. Mullally, Michael Ralph, Alfred P. Swineford,
Joseph H. Primeau, Recorder.
1877.-Brainerd F. Childs, Thomas E. Cook, Elisha F. Eddy, William H.
Green, Henry D. Lyons, Thomas Smith, Alfred P. Swineford, Samuel Wilmot.
1878.-Brainerd F. Childs, John O'Connor, William H. Green, Henry D. Lyons,
John McCarthy, Louis Reidinger, Thomas Smith, William H. Williams.
1879.-Zephyr Boyer, James Dwyer, Henry D. Lyons, John McCarthy, James
Pickands, Louis Reidinger, John Thoney, William H. Williams.
1880.-Zephyr Boyer, John O'Connor, James Dwyer, Henry D. Lyons, Patrick
F. Mullally, James Pickands, John Thoney, William H. Williams.
1881.-John O'Connor, Patrick Deasy, Henry D. Lyons, John F. Mack, Patrick
F. Mullally, James Pickands, Allen Prentice, William H. Williams.
1882.-Joseph Bolduc, Patrick Deasy, Jacob Frei, Thomas Heffernan, Henry
D. Lyons, John F. Mack, Allen Prentice, James Pickands.
1883.-Joseph Bolduc, Jacob Frei, Thomas Heffernan, Henry D. Lyons, John
F. Mack, George W. Reed, William D. Rees, Daniel Reynolds,
1884.-Peter Dolf, Patrick McCann, John F. Mack, Thomas Morgan, George
W. Reed, Leander C. Palmer, Charles Watson, Edward A. Wetmore.
1885.-John A. Ekstrom, John P. Finlayson, William H. Green, Patrick
Keyes, Eugene Krieg, Patrick McCann, Thomas Morgan, Leander C. Palmer,
Charles Watson, Edward A. Wetmore.
1886.—John A. Ekstrom, Sidney B. Floeter, Frederick Frei, William H. Green,
Martin C. Johnson, Patrick Keyes, Thomas Morgan, Leander C. Palmer, Edward
A. Wetmore, Julius F. Zerbel.
1887.-John Conners, John A. Ekstrom, Sidney B. Floeter, Frederick Frei,
Michael Hennessey, Patrick Keyes, Thomas Morgan, Leander C. Palmer, Edward
A. Wetmore, Julius F. Zerbel.
X
COMMON COUNCIL SİNCE INCORPORATION OF CITY.
1888.-John Conners, Peter Dolf, Timothy Donovan, John A. Ekstrom, Michael
Hennessey, Patrick Keyes, John F. Mack, Leander C. Palmer, George W. Rule,
James F. Todd,
1889.-Peter Dolf, Timothy Donovan, Patrick McGivern, John Helmert, Michael
Hennessey, John F. Mack, Leander C. Palmer, George W. Rule, James F. Todd
Robert R. Todd.
1890.-Joel Gillett, John Helmert, Michael Hennessey, John L. Johnason, John
F. Mack, Patrick McGivern, Leander C. Palmer, James Pendill, James F Todd
Robert R. Todd.
1891.-Abel F. Agnew, Alfred Desjardins, Thomas F. Follis, Joel Gillett, Michael
Hennessey, John L. Johnason, Frank Kearney, Judd B. McGregor, Smith Moore,
James Pendill, Daniel W. Powell, Henry Siegel, Leslie H. Stafford, James W.
Young, James F. Todd, Jacob P. Werner.
1892.-Abel F. Agnew, Alfred Desjardins, Thomas F. Follis, Joel Gillett, Henry
O. Gravelle, Michael Hennessey, John L. Johnason, Frank Kearney, Judd B.
McGregor, Smith Moore, Daniel W. Powell, Henry Siegel, Leslie H. Stafford, James
W. Young, Jacob P. Werner, Elwyn C. Williams.
1893. George Arthur Brown, Alfred Desjardins, Joel Gillett, Henry O. Gravelle,
Michael Hennessey, Henry Hoch, Edward E. Homier, James Jamerson, Smith
Moore, John J. Mullally, Benjamin O. Pearl, John W. Putnam, John C. Rygaard,
Charles F. Schoch, Elwyn C. Williams, Julius F. Zerbel.
1894.-George Arthur Brown, William A. Brown, Alfred Desjardins, Michael
Hennessey, Henry Hoch, Seymour H. Holley, Edward E. Homeier, James Jamer-
son, Smith Moore, John J. Mullally, Benjamin O. Pearl, John W. Putnam, Charles
Rossetter, Charles F. Schoch, James E. Sherman, John E. Tobin, Ernest W.
Vandenberg.
1895.-Charles D. Blanchard, William A. Brown, Michael Carney, Henry W.
Hoch, Seymour H. Holley, Eugene J. Krieg, Frank Pendill, John Robertson,
Charles Rossetter, Charles F. Schoch, Michael W. Shea, James E. Sherman,
Leslie H. Stafford, John E. Tobin, Ernest W. Vandenberg.
1896.-Jules Bertrand, William A. Brown, Frederick O. Clark, Alfred Desjar-
dins*, George W. Hoag, Henry W. Hoch, Albert D. Jacobs, Eugene J. Krieg,
Frank Pendill, John Robertson, Michael W. Shea, James E. Sherman, Jacob
Smith*, Leslie H. Stafford, John E. Tobin, James E. Trethewey, Ernest W.
Vandenberg, Walter T. Ward.
1897.-Charles Beaudry, William A. Brown, Frederick O. Clark, John Conners*,
John A. Ekstrom, Emil Gustafson, Henry C. Hamill, Albert D. Jacobs, Ernest
Rankin, John Robertson, Michael W. Shea, Jacob Smith, William J. Stevens,
John E. Tobin, Ernest W. Vandenberg, Walter T. Ward, James W. Young.
1898.-Charles Beaudry, William A. Brown, Frederick O. Clark, John A.
Ekstrom, Martin Gorman, James T. Gray, Emil Gustafson, Henry C. Hamill,
Albert D. Jacobs, Oliver D. Jones, Michael W. Shea, Jacob Smith, William J.
Stevens, John E. Tobin, Walter T. Ward, James W. Young.
*To fill vacancy.
ACTS OF THE LEGISLATURE.
XI
TITLES OF THE
ACTS OF THE LEGISLATURE
RELATIVE TO THE
CITY OF MARQUETTE.
1
Act. No. 94 laws of 1859, p. 224.-An act incorporating the village of
Marquette. Approved February 10, 1859.
Act. No. 504 laws of 1867, vol. 2, p. 1035.-An act to amend section
seven, of an act entitled, "an act to incorporate the village of Marquette,"
approved February tenth, eighteen hundred and fifty-nine.-Approved
March 27, 1867.
Act No. 243 vol. 2, laws of 1869, p. 104.-An act to create a board of
water commissioners in the village of Marquette, and to define its powers
and duties. Approved March 2nd, 1869.
Act No. 202 vol. 2, laws of 1871, p. 35.-An act incorporating the
-city of Marquette. Approved February 27th, 1871.
Act No. 244 vol. 2, laws of 1873, p. 639.-An act to amend an act
entitled "an act to incorporate the city of Marquette", being "act No. 202
of the session laws of 1871, approved February 27th, 1871". Approved
April 12th, 1871.
Act No. 257 local acts of 1875, p. 19-An act to amend an act entitled
"an act to incorporate the city of Marquette", being act two hundred and
two of the session laws of eighteen hundred seventy-one, approved
February twenty-seven, eighteen hundred and seventy-one, as amended by
an act entitled "an act to amend an act entitled 'an act to incorporate the
city of Marquette," " being act number two hundred and two of the session
laws of eighteen hundred and seventy-one, approved February twenty-
seventh, eighteen hundred and seventy-one, approved April twelfth, in the
year of our Lord one thousand eight hundred and seventy-three. Ap-
proved March 10, 1875.
Act No. 297 local acts of 1875, p. 253.-An act to amend section twenty-
two of an act entitled "an act to create a board of water and fire commis-
sioners in the village of Marquette," being act number two hundred and
forty-three of the session laws of eighteen hundred and sixty-nine. Ap-
proved March 2, 1859. Approved April 1, 1875.
Act No 360 local acts of 1877, p. 496.-An act to amend section two of
chapter II., section one of chapter V., and section four of chapter VI of
XII
ACTS OF THE LEGISLATURE.
an act entitled "an act to incorporate the city of Marquette," approved
February twenty-seventh, eighteen hundred and seventy-one, and the
several acts amendatory thereof, and to add a new section thereto, to
stand as section twenty of chapter X. Approved May 23, 1877.
Act No. 245 local acts of 1885, p. 14-An act to amend an act entitled
"an act to amend an act entitled an act to incorporate the city of Mar-
quette'", as theretofore amended, as recited in the title of the act hereby
amended, which was approved March ten, eighteen hundred and seventy-
five, so as to provide for five wards in said city. Approved February 17,
1885.
Act No. 385 local acts of 1885, p. 469.-An act to abolish fractional
school district number one of the city and township of Marquette, and to
form the territory of the city of Marquette, into a single school district.
Approved June 16, 1885.
Act No. 366 local acts of 1887, p. 117.-An act to amend section one of
chapter one of an act entitled "an act to incorporate the city of Marquette,"
being act two hundred and two of the session laws of eighteen hundred
and seventy-one, approved February twenty-seventh, eighteen hundred and
seventy-one as amended by the several acts amendatory thereof. Approved
March 2, 1887.
""
Act No. 373 local acts of 1889, p. 526.—An act to amend chapter five of
act number two hundred and two of the session laws of eighteen hundred
and seventy-one, entitled, "an act to incorporate the city of Marquette,
approved February twenty-seven, one thousand eight hundred seventy-one,
by the addition of a new section to said chapter, to stand as section twenty.
Approved April 17, 1889.
Act No. 240 local acts of 1891, p. 133.—An act to authorize the board of
water and fire commissioners of the city of Marquette to borrow money
and to issue bonds therefor. Approved March 21, 1891.
Act No. 249 local acts of 1891, p. 219.—An act to amend and revise the
charter of the city of Marquette, Marquette county. Approved March
27, 1891.
Act No. 254 local acts of 1891, p. 329.-An act to provide for the organ-
ization, support and management of a free public library in the city of
Marquette, to be known as "The Peter White public library of the city of
Marquette". Approved March 27, 1891.
Act No. 323 local acts of 1893, p. 910.-An act to amend section 2 of
chapter 1; sections 3 and 4 of chapter 3; sections 1, 2, 5, 7, and 8 of
chapter 4; section 1 of chapter 5; sections 1, 3, 6, 8, 9, 10, 14 and 15 of
chapter 7; chapter 8; sections 2, 3, 5, 6, 9, 10, and 14 of chapter 9; chapter
10; sections 3, 4, 5, 6. 7, 8, and 9 of chapter 11; sections 1, 2, 3, 4, 5, 6, 8,
10, 11, 14, 15, 16 and 30 of chapter 12; sections 1 and 3 of chapter 13;
sections 11 and 20 of chapter 14, of an act entitled "an act to amend and
revise the charter of the city of Marquette, Marquette county," approved
March 27, 1891, and to add certain new sections thereto, to stand as section
2 of chapter 2; sections 5, 6, 7 and 8 of chapter 3; sections 21, 22, 23 and
ACTS OF THE LEGISLATURE.
XIII
24 of chapter 7; section 15 of chapter 9; sections 10, 11, 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22. 23 and 24 of chapter 11; sections 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35 and 36 of chapter 12; sections 21, 22, 23 and 24 of
chapter 14 of said act. Approved March 27, 1893.
Act No. 393 local acts of 1893, p 1179.—An act to detach certain land
from the city of Marquette in the county of Marquette, and attach the
same to the township of Marquette, in said county of Marquette. Approved
May 23, 1893.
Act No. 404 local acts of 1895, p. 328.—An Act to amend sections 5 and
8 of chapter 4; section 3 of chapter 6; sections 1, 7, and 13 of chapter 7;
section 24 of chapter 8; sections 8 and 18 of chapter 12, of an act entitled
"an act to amend and revise the charter of the city of Marquette, Mar-
quette county," approved March twenty-seventh, eighteen hundred and
ninety-one, as amended by act number three hundred and twenty-three of
the local acts of the legislature of the state of Michigan of the year
eighteen hundred ninety-three, and to add twenty-nine new sections thereto
to stand as sections six to thirty-four, inclusive, of chapter ten, and section
twenty-five of chapter fourteen of said act. Approved May 16, 1895.
Act No. 353 local acts of 1897, p. 237.-An act to create a light and
power commission in the city of Marquette, Mich, and to define its powers
and duties. Approved March 18, 1897.
Act No. 355 local acts of 1897, p 249.-An act to amend section thirteen
of chapter seven; sections two, six and eight of chapter nine, and sections
two, seven, eight, ten, twelve, thirteen, fourteen, sixteen, eighteen, nine-
teen and twenty-two of chapter twelve of an act entitled "an act to amend
and revise the charter of the city of Marquette, Marquette county," ap-
proved March twenty-seven, eighteen hundred and ninety-one, as amended
by act number three hundred and twenty-three of the local acts of the
year eighteen hundred and ninety-three, and as amended by act number
four hundred and nine of the local acts of the year eighteen hundred and
ninety-five; and to add three new sections thereto to stand as sections
thirty-seven, thirty-eight, and thirty-nine of chapter twelve; and to repeal
all acts or parts of acts contravening the provisions of this act. Approved
March, 18, 1897.
XIV
VILLAGE ORDINANCES.
List of Village and City Ordinances.
DATES OF ADOPTION AND ABSTRACT OF TITLES OF ALL
VILLAGE AND CITY ORDINANCES, WITH PAGE OF
LIBER WHERE RECORDED.
Liber "A" refers to record of Village Proceedings.
Liber "B" refers to First Volume of Proceedings of the Common Council.
Libers 1, 2, 3, 4 refer to numbered volumes of the Proceedings of the Common
Council.
Liber "O1" refers to Record of Ordinances and By-Laws, Vol. 1.
VILLAGE ORDINANCES.
1868.
RECORD OF VILLAGE PROCEEDINGS.
LIB. A.
June 13, Fire limits, etc... .
3
June 15, Depositing rubbish on lake shore..
4
Dec. 15, Relative to peddlers..
30
1869.
Jan. 18, Sliding on sidewalks
37
April 23, Streets and sidewalks.
46
April 23, Shows and exhibitions..
47
April 23, Sale of liquors on Sabbath.
47
and Third streets..
April 26, Fire limits ..
April 23, Sidewalks in Washington, Front, Superior, Spring, Rock
May 8, Grading Ridge street west of Front street
June 14, Sidewalk, west side Lake street.
June 25, Sidewalks, Lake street, etc..
•
•
July 8, Macadamizing portion of Front street.
July 17, Gas franchise
•
Aug. 4, Sidewalk, Spring street.
Aug. 24, Lake street grading.
Oct. 5, Repairs on Ridge street.
Oct. 5, Sidewalk, Lake street..
Nov.
1870.
•
•
•
2, Assessment for improvement of Lake street.
April 5, Velocipedes on sidewalks..
May 3, Establishing grade of Washington street.
May 17, Licensing drays, etc...
May 17, Sidewalk, north side Washington street...
49
50
55
58
63
65
•
•
68
72
76
•
83
83
88
•
124
132
·
136
138
CITY ORDINANCES.
XV
.LIB. A.
146
147
151
156
•
•
158
160
162
167
•
169
173
174
1870.
•
RECORD OF VILLAGE PROCEEDINGS. .
Aug. 2, Sidewalk, north side Fisher street..
Aug. 2, Sidewalk, west side Third street
Aug. 23, Sidewalk, south side Ridge street...
Sept. 20, Grading Arch street, Front street to Cedar street..
Oct. 4, Cross-walk in Washington street.
Oct. 4, Collection of special taxes.
Oct. 11, Extending fire limits.
•
·
Nov. 15, Grading and macadamizing portion of Front street.
Nov. 29, Running at large of horses
Dec. 20, Grading Superior street.
Dec. 16, Nitro-glycerine .
CITY ORDINANCES.
1871.
FIRST VOLUME, PROCEEDINGS OF COMMON COUNCIL.....LIB. B.
May 1, Building line on Blaker and Ridge streets..
20
May 22, Appointment of street commissioner, etc..
36
May 24, Planking, etc., Superior street...
38
May 29, Relative to construction of sidewalks..
June 1, Bridge in Front street over Jackson cut..
June 1, Respecting the public lamps and lamp posts.
June 1, Grading Spruce street.
43
53
54
•
June 1, Sidewalk, Spruce street.
June 1, Sidewalk, Arch street..
June 1, Pounds, etc....
54
55
55
.55-58
1872.
June 1, Nuisances
June 1, Board of Health, etc..
June 1, Grading, paving and improvement of streets, etc.
June 12, Grading Hampton street.
June 17, Prevention of vice, etc..
Sept. 15, Sidewalk, Spruce street.
April 4, Licensing shows, etc...
April 4, Auctioneers.
•
•
58
61
65
•
77
87
111
PROCEEDINGS OF COMMON COUNCIL..
.LIB. 1.
26
27
April 4, Pounds (Amending Sec. 1).
29
•
April 4, Duties of fire wardens, etc.
29
April 4, Relative to drays and other vehicles
31
April 4, Fire limits..
33
April 4, Sale of lands for delinquent assessments..
36
•
April 4, Public park and city cemetery and park and cemetery com-
missioner..
39
April 4, Repealing certain village ordinances..
42
April 4, Hawkers, peddlers and transient traders..
April 4, Organizing a city police..
43
44
April 4, Concerning ordinances..
46
Sept. 2, Macadamizing portion of Washington street.
Sept. 28, Harbor and harbor master.
·
65
72
XVI
CITY ORDINANCES.
1873.
June
PROCEEDINGS OF COMMON COUNCIL..
June 2, Improvement of portion of Spruce street....
6, Grading Superior, Seventh and Grove streets.
June 6, Opening and improving Champion street...
June 16, Grading and macadamizing portion of Ridge street..
June 16, Adding Secs. 22 and 23 to ordinance relative to prevention
of vice, etc..
July 21, Sewer through Spring street into Lake Superior
July 21, Sewer in Washington street....
•
July 21, Amending Sec. 3, relative to auctioneers...
July 28, Opening and improvement of Champion street.
July 28, Amending Sec. 3, relative to pounds, etc.
•
Aug. 25, Grading and improvement of portion of Pine street..
Aug. 25, Grading and macadamizing portion of Ridge street..
Aug. 25, Grading portion of Lake street..
..LIB. 1.
110
113
115
118
120
132
133
134
136
140
144
145
•
154
Sept. 8, Establishing and locating portion of Lake street..
Sept. 22, Sidewalks, Bluff and Ridge streets...
158
163
1874.
April 27, Grading and macadamizing portion of Washington street... 276
May 11, Amending section three relative to hawkers etc.
June 8, Grading and improvement of Bluff street.
June 8, Grading and improvement of Hampton street.
June 18, Drays and hay and wood market..
Sept. 28, Sidewalk in Ridge street...
283
296
297
•
301
342
343
Sept. 28, Sidewalk in Spring street.
1875.
•
Feb. 15, Vacating portion of Pine street and extending Mt.
Vernon street to Fourth street...
Feb. 17, Amending section 16 grading, paving and improvement..
of streets etc..
June 4, Establishing poll-tax, etc..
June 4, Grading and improvement of portion of Spring street.
June 14, Grading and macadamizing portion of Spruce street.
June 14, Grading portion of Third street..
June 14, Grading portion of Arch street.
•
July 21, Improvement of portion of Third street..
July 12, Improvement of portion of Third street..
406
409
493
494
497
•
498
498
514
515
530
•
Aug. 2, Amending section three, relative to pound, etc.
Sept. 20, Amending sec. 19 of ordinance No. 4 (sidewalks); sec. 4 and
7 of ordinance No. 6 (police); sec. 19 of ordinance No. 7
(pounds); secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14,
15, 17, 18, 19, 20 and 23 of ordinance No. 10 (vice and
immorality); and secs. 15 and 16 of ordinance No. 11
(Nuisances).
1876.
PROCEEDINGS OF COMMON COUNCIL....
545
LIB. 2
13
161
June 15, Opening and improving Champion street (amendment).....
1877.
Sept. 18, Defining duties of fire warden (amendment)..
CITY ORDINANCES.
XVII
1878.
Jan.
PROCEEDINGS OF COMMON COUNCIL.
7. Sale of wood
•
Feb. 4, Sale of wood..
1880.
LIB. 2
194
205
Sept. 20, Improvement of portions of Michigan street and Walnut
street
•
Sept. 20, Improvement of portion of Ridge street.
Sept. 20, Sewer in Ridge street, etc...
1881.
Mar. 25, Changing location of Lake street.
371
371
372
396
May 25, Improvement of Rock and Fisher streets.
May 25, Improvement of Fourth, Fifth and Sixth streets...
May 25, Sidewalk in Fisher, Rock, Third, Fourth, Fifth and Sixth
397
•
.
397
streets
397
May 25, Sidewalks in Blaker and Lake streets.
398
1
May 25, Relative to Pounds, etc, (amendment)
398
D
June 16, Improvement of Lake, Fisher and Fourth streets (amend-
ment)
400
June 16, Relative to pounds and pound masters (amendment)
June 28, Improvement of Arch, Third and Fourth streets.
June 28, Sidewalks in Arch, Third and Fourth Streets..
400
•
402
403
1882.
June 5, To regulate the blowing of steam whistles.
June 5, Telephone franchise..
..432, 440
439
443
443
1
July 1, Improvement of Genesee street.
July 1, Sidewalks in Genesee street
Aug,
•
•
•
7, Vacating Cedar street between Michigan and Ohio streets.. 445
Aug. 7, Improvement of Michigan street (amendment)
Sept. 18, Improvement of portion of Fourth street.
Sept. 18, Construction of sidewalks in Fourth street.
Sept. 30, Construction of a sewer in Bluff and Front streets.
1883.
May 17, Sewer in Front street and to the lake.
May 17, Amending pound ordinance.
Aug. 6, Grading portion of Fourth street..
Sept. 6, Grading portion of Champion street.
Sept. 6, Grading portion of Washington street.
Sept. 6, Sidewalks in Champion street...
•
446
452
452
455
•
489
490
500
.
504
504
504
Sept. 6, Sidewalks in Washington street.
504
Oct.
1, Sidewalks in Champion and Jackson streets.
511
Dec.
3, Prevention of coasting, skating or riding on dog sleighs on
sidewalks.
517
Dec.
3, Prohibiting the use of sling shots.
517
1884.
May 22, Improvement of portions of Third, Mesnard and Division
streets.
May 22, Sidewalks in High street.
May 22, Improvement of portion of Gencsee street.
May 22, Sidewalk in Genesee street..
•
June 2, Improvement of portion of Michigan street..
June 2, Sidewalks in Michigan street..
•
543
•
543
544
544
•
547
547
XVIII
CITY ORDINANCES.
1884.
PROCEEDINGS OF COMMON COUNCIL..
June 19, Grading portion of Front street.
June 19, Sidewalks in Front street: .
...LIB. 2.
552
552
559
559
559
·
559
•
559
July 16, Improvement of portion of Third street.
July 16, Sidewalks in Third street.
•
July 16, Improvement of portion of Seventh street.
July 16, Sidewalks in Seventh street.
•
July 16, Improvement of portion of Pine street.
July 16, Sidewalks in Pine street..
•
Aug. 4, Vacating all of Division street south of Genesee street not
included in Third street..
•
Aug. 14, Improvement of portion of Mather street.
Aug 14, Sidewalks in Mather street..
Aug. 14, Improvement of portion of Third street.
Aug. 14, Sidewalks in Third street...
560
565
•
565
•
566
•
566
. 566
1885.
Aug. 3, Improvement of portion of Spruce street.
Aug. 3, Sewer in Washington and Third streets.
Sept. 26, Vacating alleys..
Oct. 21, Sidewalk in Champion street
•
• •
•
602
603
610
•
618
Nov. 17, Sewer from brick sewer to center of Washington street.... 623
1886.
Feb.
1, Sewer in Third street (amendment).
PROCEEDINGS OF COMMON COUNCIL.
June 7, Sidewalk in Genesee and Third streets..
Aug. 18, Improvement of portion of Superior street.
Aug. 18, Improvement of portion of Ohio street.
Aug. 18, Sewer in Washington street..
Sept. 4, Harbor limits.......
Oct.
1887.
4, Improvement of portion of Oak street.
July 23, Relative to electric lights.
July 30, Numbering of lots and buildings
July 30, Relative to electric lights....
Aug. 6, Amendment relative to electric lights.
Sept. 3, Improvement of portion of Fisher street.
Sept. 28, Relative to opening and closing saloons.
Oct. 1, Adoption of Davis sewer specifications.
1888.
Feb. 16, Establishing harbor limits
Mar. 3, Establishing harbor limits.
•
630
.LIB. 3
10
20
20
•
21
23
29
96
101
103
111
118
•
123
125
156
160
202
205
206
. 213
214
June 6, Improvement of portion of Hewitt avenue.
June 11, Sewer in Arch and Front streets. . .
June 13, Improvement of portion of Hampton street.
July 2, Sewer in Fourth street....
July
July
2, Improvement of portion of Hampton street.
2, Sewer in Arch and Front streets
2, Improvement of portion of Fifth street
July 6, Improvement of portion of Fifth street
July
•
•
·
. 215
216.
219
CITY ORDINANCES.
XIX
1888.
PROCEEDINGS OF COMMON COUNCIL.
Nov. 16, Street railways.
·
Nov. 21, Street railways…….
1889.
April 26, Grading Spring street ..
April 26, Sewer in Ridge street ..
April 26, Grading portion of Front street..
April 26, Sidewalks in Hewitt avenue.
•
May 6, Sewer in Fourth street.
May 6, Water power and electric light commissioners
May 10, Grading Third street....
•
May 10, Treasurer of water power and electric light commissioners. 319
May 10, Fire limits.
June 3, Issue of bonds ...
.LIB. 3
256
262
306
306
307
308
310
313
318
320
331
Aug. 5, Water power and electric light
Aug. 5, Grading portion of Pine street
Aug. 5, Hawkers and peddlers..
342
· ·
343
345
Aug. 16, Improvement of portion of Pine street
Sept. 13, Construction of trunk sewer..
Sept. 27, Grading portion of Jackson street
Oct. 7, Grading portion of Division street.
Oct. 18, Grading portion of Ridge street.
Nov. 18, Issue of bonds..
Dec.
Dec.
9, Amending telephone franchise.
•
•
351
•
•
357
362
364
370
380
387
•
9, Amending ordinance relative to trunk sewer.
389
·
1890.
Jan.
6, Water power and electric light...
395
Jan.
6, To amend ordinance for the prevention of coasting, skating
or riding of dog sleighs.
397
Feb.
3, Railway tressels over Lake street.
401
•
Feb. 3, Issue of bonds.
Feb. 10, Issue of bonds..
402
407
Mar. 3, Dead River Railroad Company
414
April 2, Grading portion of Fourth street
April 22, Special election on issuing bonds.
423
•
432
April 22, Sewer in Arch street ..
May 5, Amending ordinance relative to the grading, paving and im-
435
June 20, Grading portion of Alger street.
July 14, Street railway franchise
July 21, Grading portion of Seymour avenue
July 21, Grading portion of Lincoln avenue
Aug. 4, Grading portion of Ohio street
Aug. 18, Sewer in Michigan street.....
Sept. 24, Grading portion of Park street.
Sept. 24, Sewer in Hewitt avenue..
provement of streets, etc.
June 2, Sewer in Michigan street
June 20, Grading portion of Genessee street..
July 7, Issue of bonds..
July 7, Sidewalk in Lake street
July 21, Sidewalk in Jackson street.
443
452
•
459
461
468
471
474
482
•
482
•
483
486
492
502
. 503
XX
CITY ORDINANCES.
1890.
PROCEEDINGS OF COMMON COUNCIL.
Sept. 24, Grading portion of Front street..
Nov. 3, Grading portion of Arch street
Nov. 3, Sewer in Spruce street...
Nov. 17, Grading portion of High street.
1891.
Jan.
Jan.
Jan.
5, Grading portion of Fair avenue.
5, Sewer in Washington street..
•
•
5, House sewer connections and drainage
May
4, Improvement of portion of Morton street..
May
4, Improvement of portion of Washington street
May 4, Improvement of portion of Third strect
May 5, Improvement of portion of Fifth street
May 20, Repealing improvement of Third street
June 15, Improvement, Arch street (amendment).
June 15, Sewer in Lincoln avenue..
•
June 15, Improvement of portion of Crescent street.
June 15, Changing grade of High street...
June 15, Improvement of portion of Adams street.
July 13, Sewer in Front street..
•
·
•
July 17, Protection of public parks, cemeteries and grounds
July 17, Use of bicycles, tricycles, velocipedes, etc.
Aug. 3, Sidewalks on Fifth street.
Sept. 7, Sidewalk on Fourth street.
Sept. 21, Sewer in Front street.
•
Sept. 21, Improvement of portion of Prospect street.
1891
•
PROCEEDINGS OF COMMON COUNCIL.
Nov. 23, Sewer in Prospect street..
Nov. 23, Trunk sewer...
•
..]
LIB. 3
•
•
504
512
513
521
529
530
531
572
•
573
•
573
579
580
596
598
599
600
•
. 600
608
612
614
625
634
637
638
LIB. 4
10
+
11
16
•
16
33
36
VOL. 1
1
1
6
8
3
9
9
10
.
12
13
14
15
16
Dec. 7, Vacating and abolishing a portion of Jackson street.
7, Improving Jackson street..
Dec.
1892.
Feb. 15, Sewer in Third, Michigan, Arch and Front streets.
March 7, Burial of the dead...
•
1891.
BOOK OF ORDINANCES.
Mar. 8, Relative to ordinances
Mar.
Mar.
Mar.
8, Hawkers and peddlers.
8, Meetings and proceedings of the common council.
8, Auctioneers
•
Mar. 12, Relative to public entertainments.
May 2, Repealing dray license.
May 2, Establishing pounds.
•
May 16, Sewers in Crescent, Third and Prospect streets
June 22, Prospect street improvement.
June 22, Harrison street improvement.
July 11, Altamont street improvement.
July 11, Crescent street improvement.
July 11, Division street sidewalks..
•
• •
CITY ORDINANCES.
XXI
1891.
1
BOOK OF ORDINANCES..
July 11, Washington street sidewalks..
July '18, Sewer, in Ohio street. . . . .
Aug. 15, Water power and electric plant etc.
Sept. 8, Cholera and cholerine..
Sept. 19, Pounds.
Oct. 3, Pounds, etc.
•
Dec. 6, Superior street sewer.
1893.
•
...VOL. 1
17
19
20
23
24
25
26
Mar. 6, Amending ordinance relative to the grading, paving and im-
provements of streets, etc..
April 6, Remitting penalties on special assessments.
April 28, City engineer and his duties.
April 28, Pounds ..
•
June 5, Special election on issue of bonds.
June 5, Widening of a portion of Washington street.
June 5, Widening portion of Third street..
June 12, Pounds, etc.
•
•
Aug. 7, Issue of city hall bonds
Aug. 7, Paving Front street.
Aug. 7, City scales and weighmaster..
•
· •
Aug. 7, Sale of hay, grain, coal and wood.
Aug. 7, Sealing of weights and measures.
Sept. 5, City scales and weighmaster (amendment).
Sept. 5, Sidewalk in Jackson street..
Sept. 5, Sidewalk in Washington street.
Nov. 22, Public peace and good order,
1894.
•
Mar. 5, Collection of special assessments
Mar. 5, Sewer in High street...
Mar. 5, Sewer in Ohio street.
May 7, Public health....
Aug. 6, Sewer in High street.
1895.
Mar. 4, Telephone franchise.
•
•
27
28
29
31
31
33
•
33
34
40
41
42
43
45
47
48
49
50
·
51
53
54
55
59
60
April 23, Meetings and proceeding of the common council (amendment) 61
June 3, Preferring and trying charges against officers.
62
July 8, Establishing pounds..
65
Sept. 3, Amending sections one to ten inclusive of ordinance regu-
lating the construction of sidewalks, etc....
65
Nov. 4, Changing the name of McMillan street to Division street...
Nov. 4, Changing the name of Hendrie street to Blemhuber avenue.
Nov. 4, Amending section sixteen of ordinance relative to the grad-
ing, paving and improvement of streets, etc..
69
70
70
1896.
Feb. 3, Amending section two of ordinance relative to the sale of
lands for delinquent assessments..
72
Feb. 11, Railway approach and bridge over Presque Isle drive and
grade of street..
73
May 4, Establishing pounds.
74
XXII
CITY ORDINANCES.
1896.
BOOK OF ORDINANCES..
..VOL. 1
June 8, To prohibit the reckless exposure of persons to injury in
connection with street railway cars and the stealing of
rides on such cars..
June 17, Remitting interest upon special assessments.
July 6, Use of bicycles, tricycles velocipedes, motocycles, etc.
Aug. 3, Remitting interest upon special assessments..
Aug. 7, Sanitary condition of barber shops...
Sept. 8, Amending section three of ordinance defining the duties of
fire warden, etc..
Sept. 8, Amending sections two, seven, nine and ten of ordinance
relative to the fire limits.
1897.
May 3, Establishing a pound....
•
•
May 3, Relative to opening and closing saloons..
May 3, Appointment and confirmation of city officers.
July 6, Voting and elections upon borrowing money.
July 15, Accepting the Marquette monument..
Oct. 4, Repealing ordinance relative to the disposition of the dead..
Nov. 1, Repealing ordinances relating to-(1) Building line on Blaker
and Ridge streets. (2) Ördinances. (3) Drays, hay and
wood market. (4) Poll tax.
•
Nov. 1, An ordinance relative to the burial and removal of the dead.
1898.
Feb. 7, Repealing ordinances relating to (1) City scales and weigh-
masters. (2) Sale of hay, etc. (3) Sealing of weights
and measures. (4) Establishing pounds. (5) Establish-
ing pounds.
Feb. 21, Amending Secs. 7, 8, 9 and 10 of ordinance relating to grad-
ing, etc., of streets...
Feb. 21, Amending Secs. 5 and 6 of ordinance relative to police.
Feb. 21, Amending ordinance relative to fire limits, etc..
Mar. 7, Amending ordinance relative to nuisances..
Mar. 7, Relative to public health . . . .
Apr. 25, Adopting rules of parliamentary practice.
Apr. 25, Prohibiting the use of overloaded vehicles
Apr. 25, Relative to police
• •
Apr. 25, Defining offenses, prescribing penalties and providing for the
employment of offenders..
75
76
77
78
79
81
81
83
84
84
86
88
89
90
90
92
93
.94
96
98
99
104
•
104
105
106
LIST OF GENERAL ORDINANCES.
XXIII
NUMBER, TITLES AND DATES OF ADOPTION OF
THE "GENERAL ORDINANCES OF THE
CITY OF MARQUETTE."
AS COMPILED AND PUBLISHED IN 1873 AND IN 1887.
No.
TITLE AND DATE OF ADOPTION.
1 An ordinance concerning ordinances. April 4, 1872.
2 An ordinance for the appointment of a street commissioner and defin-
ing his duties. May 22, 1871.
3 An ordinance relative to the grading, paving and improvement of
streets, alleys and public places, and the use and protection thereof.
June 1, 1871.
4 An ordinance regulating the construction of sidewalks, providing for
the collection of assessments therefor, and prohibiting encroach-
ments thereon. May 29, 1871.
5 An ordinance relative to the sale of lands for delinquent assessments
and redemption thereof. April 4, 1872.
6 An ordinance providing for the organization of a city police. April
4, 1872.
7 An ordinance relative to a pound, poundmaster, and restraining ani-
mals. June 1, 1871.
8 An ordinance for the preservation of the public health, and creating a
board of health and defining its duties. June 1, 1871.
An ordinance respecting the public park and city cemetery, and pro-
viding for the appointment of a park and cemetery commissioner.
April 4, 1872.
An ordinance relative to the prevention of vice and immorality and
the preservation of public peace and good order, July 17, 1871.
11 An ordinance relative to nuisances. June 1, 1871.
12 An ordinance relative to the fire limits, and the construction of build-
ings therein. April 4, 1872.
13
An ordinance defining the duties of fire warden, and for the protec-
tion of property from danger by fire. April 4, 1872.
14 An ordinance respecting public lamps and lamp posts. June 1, 1871.
15 An ordinance relative to drays and other vehicles. April 4, 1872.
XXIV
LIST OF GENERAL ORDINANCES.
No.
TITLE AND Date of ADOPTION.
16 An ordinance relative to licenses for shows, circuses and other exhi-
bitions. April 4, 1872.
17
An ordinance relative to hawkers, peddlers and transient traders.
April 4, 1872.
18 An ordinance relative to auctioneers. April 4, 1872.
19
An ordinance relative to the harbor of Marquette. September 30,
1872.
20 An ordinance repealing certain ordinances heretofore adopted by the
village of Marquette. April 4, 1872.
In addition to the foregoing, the compilation of 1887 contained the fol-
lowing ordinances not numbered:
An ordinance against the use of sling shots. Dec. 3, 1883.
An ordinance for the prevention of coasting, skating or riding on dog
sleighs. Dec. 3, 1883.
An ordinance granting a telephone franchise. June 5, 1882.
An ordinance to regulate the blowing of steam whistles within the
city limits. June 5, 1882.
An ordinance relative to drays and establishing a hay and wood
market. June 22, 1874.
I
J
THE CHARTER
OF THE

CITY OF MARQUETTE.
IN FORCE 1898.
Being Act No. 249 of the Local Acts of Michigan of the year
1891, entitled "An Act to amend and revise the Charter of the
City of Marquette, Marquette County", as amended by Acts No.
323 and 393 of the Local Acts of 1893; Act No. 409 of the Local
Acts of 1895; and Act approved March 18, 1897.
SECTION 1.-The People of the State of Michigan enact,
That an Act entitled "An Act to incorporate the City of Mar-
quette," approved February twenty-seventh, one thousand eight
hundred and seventy-one, and the Acts amendatory thereof, be
revised and amended so as to read as follows:
CHAPTER I.
OF THE CORPORATION.
ate.
§ 1-SEC. 1. The corporation heretofore created and now Body corpor
known as the City of Marquette. shall be and continue to be a
body politic and corporate under the name and style of the City
of Marquette, and by that name may sue and be sued both in
courts of law and of equity, may have a common seal and
alter the same at pleasure, may take, hold, purchase, have,
convey and dispose of any real or personal estate for the use of
the corporation, and in addition to such powers of a local legis- Subject to
lative and administrative character as are conferred by this act,
may exercise and enjoy such implied and incidental powers and
rights as are possessed by municipal corporations in this State.
general law.
+
2
[CHAP. II.
CHARTER OF THE
Am. 1893.
Territory
incorporated.
§ 2--SEC. 2. The territory embraced in and constituting said
city shall be fractional section one, fractional section two, the south-
east quarter of section eight, the southwest quarter, west half of
southeast quarter, southeast quarter of the southeast quarter of
section nine, the south half of the south half of section ten,
fractional sections eleven, thirteen and fourteen, sections fifteen
and twenty-two, the northeast quarter of the northeast quarter
of section twenty-one, fractional sections twenty-three, twenty-
four and twenty-six, sections twenty-seven, thirty-four, thirty-
five and fractional section thirty-six in town forty-eight north
of range twenty-five west. [See Act No. 393 of 1893, below.]
[ACT NO. 393 OF THE LOCAL ACTS OF 1893.]
AN ACT to detach certain land from the City of Marquette in the
County of Marquette, and attach the same to the Township of Mar-
quette in the said County of Marquette.
SECTION 1. The People of the State of Michigan enact, That the west
half of the northwest quarter of section eleven of township forty-eight
north of range twenty-five west, be and the same is hereby detached
from the City of Marquette in the County of Marquette, and the same
is hereby attached to and made a part of the Township of Marquette
in the said County of Marquette.
This Act is ordered to take immediate effect.
Approved May 23, 1893.
First ward.
CHAPTER II.
WARDS.
§ 3-SEC. 1. The said City shall be divided into eight wards,
as follows: The first ward shall embrace all that portion of
said city lying south of a line drawn from the shore of Lake
Superior westwardly along the center of Fisher street to the
Second ward. Western boundary of said city; the second ward shall embrace
all that portion of said city lying between last mentioned line
and a line drawn from said lake shore westwardly along the line
of the Duluth, South Shore & Atlantic railroad, from said rail-
road company's merchandise pier to the center of fifth street,
and thence southwardly along the center of said fifth street to
Third ward. the center of Fisher street; the third ward shall embrace all
that portion of said city lying north of said line of said railroad
and east of the center of Front street from said railroad track
Fourth ward. to the center of Hewitt avenue; the fourth ward shall embrace
all that portion of said city lying between said railroad track
and Ridge street and between Front street and Fifth street;
the fifth ward shall embrace all that portion of said city lying
between Ridge street on the north and Fisher street on the south,
and extending westwardly from Fifth street to the western
boundary of said city, including the northeast quarter of the
northeast quarter of section twenty-one; the sixth ward' shall
embrace all that portion of said city lying between Ridge street
and Hewitt avenue, and west of Front street to the east line of
Fifth ward.
Sixth ward.
CHAP. III.]
· 3
CITY OF MARQUETTE.
J
section twenty-one; the seventh ward shall embrace all that Seventh ward
portion of said city lying north of Hewitt avenue and west of
the following line, viz: Along Front street to Fair avenue,
thence west on Fair avenue to the west eighth line of section
fourteen, thence north on said eighth line to the boundary of
said city; the eighth ward shall embrace all that portion of said Eighth ward.
city lying north of Hewitt avenue and east of the last described
line.
CHAPTER III.
ELECTORS AND REGISTRATION.
§ 4-SEC. 1. The inhabitants of the city having the qualifica- Electors.
tions of electors under the constitution of the State, and no
others, shall be electors therein. [See note.]
§ 5-SEC. 5. Every elector shall vote in the ward where he
shall have resided during the ten days next preceding the day of
election. The residence of any elector, not being a householder,
nor member of a householder's family, shall be deemed to be
in the ward in which he regularly lodges. [See note.]
NOTE TO SEC. 4. WHO MAY VOTE. The elective franchise in Michi-
gan is confined to male persons twenty-one years of age and over, except
that by some special statutes, women citizens of full age are entitled
to vote for school officers. [See section 206 a.] Such persons only can
vote who come within one or the other of the following classes:
I. Citizens of the United States, whether native or naturalized.
II. Persons of foreign birth who resided in the State on the 24th day
of June, 1835.
III. Persons of foreign birth who resided in the State on the 1st day
of January, 1850.
IV. Persons of foreign birth who resided in the State two years and
six months prior to November 8, 1894, and declared their intention two
years and six months before that day.
V. Civilized persons of Indian descent, born in the United States,
and not members of any tribe.
A right of suffrage acquired under the 2d, 3d and 4th clauses above,
does not confer the right upon sons.
But no person can vote who has not resided in the State six months,
and in the ward twenty days preceding the election. Electors must
also be registered, except for school elections.
CITIZENSHIP. Citizenship consists of:
I. Persons born in the United States, and subject to the jurisdic-
tion thereof.
II. Persons born in a foreign country and lawfully naturalized.
III. Women born in a foreign country and now the wife or widow of
a citizen.
IV. Children born in a foreign country whose parents were citizens
of the United States at the time.
V. Minor children of foreign birth, dwelling in the United States at
the time of the naturalization of their parents, if coming to the
country before the age of sixteen.
This defines citizenship generally, although it may be qualified by
various circumstances.
NOTE TO SEC 5. RESIDENCE. There is no general statute in Michigan
defining residence. The temporary residence of one's family elsewhere
does not affect his domicile, and a person may acquire a residence and
right to vote at a place other than where his family resides, if such be
Residence.
4.
[CHAP. III.
CHARTER OF THE
Who to con-
stitute a
board of
registration.
General law
Proviso.
§ 6-SEC. 3. (As Amended 1893.) The aldermen of each ward
shall constitute the board of registration therein. If by reason of
a change of boundary of any ward, or the formation of a new
ward, or any cause, there shall not be any or a sufficient num-
ber of aldermen representing such ward to constitute a board of
registration of two persons, the common council shall supply
the vacancy, or appoint a board of registration for the ward.
The council shall, at the request of any alderman at any meet-
ing prior to the day of registration, appoint some voter of the
ward as a member of the board of registration in place of said
alderman; and in case an alderman cannot serve, and no mem-
ber in his place has been appointed by the council, he may
designate a voter of said ward to fill his place, and if he fails to
do so the other member of said board shall appoint some voter
of the ward to act as a member of said board, such appoint-
ments to be in writing and filed with the recorder. Said ap-
pointees shall take the constitutional oath of office before enter-
ing upon their duties of registration. No person shall be re-
fused registration except by decision of both members of the
board concurring in rejecting the same.
§ 7-SEC. 4. (As Amended 1893.) Except as in this Act it is
to govern reg- otherwise provided, the general law of the State shall govern as
to all matters relating to the registration of electors: Provided,
That it shall be necessary to give only three days' notice of reg-
istration and the place of holding the same, in all wards, and
five days' notice of election at the present spring election to be
held April third, one thousand eight hundred and ninety-three;
but on all other elections thereafter the notice shall be as other-
wise provided in the statute.
When wards
rearranged or
changed
boards of
registration
give notice of
meeting.
§ 8-SEC. 5. (As Amended 1893.) When changes shall be made
in any ward or wards, or a new ward shall be formed in whole or
in part from the territory of other wards, the boards of regis-
to mee and tration of the respective wards affected by the change shall meet
previous to the time prescribed by law for giving notice of
their sessions preceding the next election, and the name of each
registered elector known to have been transferred by such
change from one ward to another or to the new ward shall be
copied into the register of the ward to which the elector was
transferred by the change, and marked "Removed" upon the
register of the ward from which the elector was transferred by
the change.
his intention. (33 Mich. 252.) An elector does not gain or lose a residence
while in the employ of the United States or of this State, nor while
employed as a sailor, nor while a student at any seminary of learning,
nor while kept at any almshouse or asylum at public expense, nor
while confined in any prison. (Constitution of Mich., Art. 7, Sec 5,
97 Mich, 361.) The provision for ten days residence in a ward was
made prior to the change in the constitution extending the period
of residence to twenty days. The elector must have resided in the
ward twenty days (formerly ten days) "next preceding" the election.
If he removes from the ward where he may have acquired a residence,
although registered there, into another ward, within the twenty days,
he loses his vote.
CHAP. IV.]
5
CITY OF MARQUETTE.
ward is
register to be
§ 9—SEC. 6. (As Amended 1893.) When a new ward shall be When a new
formed the board of registration thereof at its session next pre- formed a new
ceding the next election therein shall make or complete a new made.
register of the electors residing therein, and for that purpose
shall remain in session three days; and notice of the formation
of such ward, and that a new register of the electors will be
made at that session shall be given with the notice required by
law to be given of such session of the board.
to be made in
ninety-four.
§ 10-SEC. 7. (As Amended 1893.) The boards of registration Registration
in said city, at their sessions previous to the general election in eighteen
November, in the year one thousand eight hundred and ninety- hundred and
four, shall make a re-registration of the qualified electors of their
respective wards in books of the form provided by law. The
same rules shall be observed in such registration as are provided
by law for the registration of electors in cities, and a like re-
registration of the electors of each ward shall be made at the
session of the board next preceding the general election, in the
year one thousand eight hundred and ninety-eight, and every
fourth year thereafter. When such new registry shall be made
the names of persons known to the board of registration to be
electors may be copied therein from the former registry of
electors. No person shall vote at any election in such ward
after such re-registration unless his name shall be registered in
such new register. Notice that such re-registration is re- Notice of
quired to be made shall be given with the notice of the meeting registration.
or session of the board at which it is to be made.
register cer-
§11-SEC. 8. (As Amended 1893). The name of no person shall Unlawful to
be knowingly placed by any person upon the registration list of tain names.
any ward whose name is upon the register of electors of any
other ward of said city, and not canceled or marked therein to in-
dicate removal; and no person shall knowingly apply for or
procure the registration of his own name or the name of any
other person upon the register of electors of any ward when
said name is upon the register of electors of any other ward and
not cancelled or marked thereon to indicate removal.
CHAPTER IV.
OF OFFICERS.
§ 12-SEC. 1. (As Amended 1893.) The following officers of Election of
the corporation shall be elected annually by the qualified electors officers.
of the whole city voting in their respective wards, viz: One
mayor, one treasurer, one recorder, two constables, and such
number of justices of the peace as may be required by section
eight of this chapter. There shall also be elected at said elec-
tion, by the qualified electors of each ward, on a ward ticket, one
supervisor and one alderman: Provided, That at the annual
election to be held in said city on 'the first Monday in April, aldermen to
eighteen hundred and ninety-three, there shall be elected in the be elected.
Number of
6
[CHAP. IV.
CHARTER OF THE
Proviso.
Officers ap-
pointed by
the mayor.
first, second and third wards, one alderman for each of said
wards, who shall hold his office for the term of two years, and
there shall be elected in the fourth, fifth, sixth, seventh and
eighth wards of said city, for each of said wards, one alderman,
who shall hold his office for the term of one year, and one alder
man, who shall hold his office for the term of two years; and at
each annual election thereafter there shall be elected, in each of
the wards of said city, one alderman, who shall hold his office.
for the term of two years: Provided, That the aldermen now
in office shall continue in office for the remainder of the terms
for which they were elected, as aldermen for the wards in which
they reside, after this act shall go into effect.
§ 13-SEC. 2. (As Amended 1893.) The following officers shall
be appointed by the mayor and confirmed by the common council
on or before the first Monday in May in each year, viz, One
controller, who shall be assessor of the city; one marshal; one
one street commissioner; one city attorney; one health officer,
who shall be a competent and reputable registered physician,
and who shall be the city physician; one park commissioner;
one cemetery commissioner; one harbor master; one or more
fire wardens for the city; a president of the council, who shall
preside at all meetings of the common council in the absence of
the mayor; and then at such other times as may be required the
mayor shall appoint such other officers, not herein otherwise
provided for, as may be necessary to carry into effect the pow-
ers herein granted, and as the common council may from time to
time direct and approve. The common council may also from
time to time provide by ordinance for the appointment by the
mayor for such term as may be provided in the ordinance, of a
additional city engineer or such other officers, whose election or appoint-
ment is not herein [specifically] specially provided for, as the
common council shall deem necessary for the execution of the
powers granted by this act, and may remove the same at pleas-
ured. The powers and duties of such officers shall be pre-
scribed by ordinance.
Council to
provide by
ordinance for
appointments
by mayor.
Eligibility to
office.
Vacancies.
Present
officers to
continue.
Terms of
office.
§ 14-SEC. 3. No person shall be eligible to either of said offices
unless he shall then be an elector and resident of said city, nor
shall he be eligible to any such office of any ward unless he shall
then be an elector and resident of such ward; and when any of
ficer elected or appointed for the city shall cease to reside in
said city, or if elected or appointed for any ward shall cease to
reside in such ward, his office shall thereby become vacant.
§ 15-SEC. 4. All the officers of the city of Marquette, residing
and holding office therein at the time this Act shall take effect
shall hold their respective offices for the term for which they
were elected the same as though this Act had not been passed.
§ 16-SEC. 5. (As Amended 1895.) The mayor, treasurer, re-
corder, supervisors and constables shall hold their offices for the
term of one year from the first Monday in April of the year
when elected, and until their successors are qualified and enter
upon the duties of their offices. The controller, marshal, street
CHAP. V.1
77
CITY OF MARQUETTE.
commissioner, city attorney, health officer and harbor master
shall hold their offices from the time when appointed until the
fifteenth day of April of the next year thereafter, and until
their successors are appointed and enter upon the duties of their
offices.
the peace.
§ 17-SEC. 6. The justices of the peace shall hold their offices Justices of
for the term of four years from the fourth day of July next
after their election.
office of
§ 18-SEC. 7. (As Amended 1893.) The aldermen shall hold Terms of
their offices for the term of two years from the first Monday in aldermen.
April in the year when elected, and until their successors are
elected and qualified and enter upon the duties of their offices,
except when elected for short terms or to fill vacancies as herein
otherwise provided.
Justices of
$19-SEC. 8. (As Amended 1893.) At the annual election to be Election of
held in said city on the first Monday in April in the year one the peace,
thousand eight hundred and ninety-six there shall be elected one terms of office
justice of the peace for the term ending four years from and
after the fourth day of July next thereafter, and one justice of
the peace for the term ending three years from and after the
fourth day of July next thereafter, and said last named justice
shall be deemed to have been elected to fill a vacancy, and at
each annual election thereafter there shall be elected such num-
ber of justices of the peace as shall be necessary to fill the va-
cancies then existing, or to arise within the ensuing year by
the expiration of the term for which the incumbents were elec-
ted.
CHAPTER V.
ELECTIONS.
where held,
election to be
§ 20-SEC. 1. (As Amended 1893.) The annual city election Elections,
shall be held on the first Monday of April in each year, at such
places in each of the several wards as the common council shall
designate, notice of which shall be given by the recorder at least Notices of
ten days before the election, by posting the same in three places posted and
in said wards, or by publishing the same in some newspaper published.
printed in said city: Provided, That five days' notice of the
election of eighteen hundred and ninety-three shall be sufficient.
The supervisor and aldermen, together with a sufficient number Inspectors of
of other electors of the said wards, to be selected viva voce by election, who
the electors present at the opening of the polls, as may be re-
quired by the general election laws of the State to make a full board
of election inspectors, shall be inspectors of such elections, and
they shall be inspectors of the State, district, county and all
other elections, and they shall appoint two suitable persons to
act as clerks thereof, and in the case of the absence of one or Vacancies,
both of such inspectors, the electors may choose, viva voce from how filled.
their number, one or more to fill such vacancies, to whom as
well as to the clerks appointed as aforesaid shall be administered
to constitute.
8
[CHAP. V.
CHARTER OF THE
Certification
of election.
Common
council to
meet and do-
elected to
office.
sons elected.
the constitutional oath by either of said inspectors, or by any
justice of the peace or notary public. At such charter elections
the said ward inspectors shall make one certificate of the num-
ber of votes given for each person for the several offices to be
filled in and for the said city, and also one certificate of the
officers elected in and for their ward, which certificate shall be
immediately filed in the office of the recorder of said city. Up-
on the Thursday next following the day of said election the
termine who common council shall meet at the office of said recorder and
thereupon determine who, by the greatest number of votes
given in the several wards at such election, are duly elected to
fill the respective city offices; and it shall be the duty of said
Notice to per-recorder immediately after such determination to cause notice to
to be given to cach of the persons elected of their election. Each
of said officers so elect and notified, except justices of the peace,
shall, within ten days thereafter, take and subscribe the consti-
Oath of office. tutional oath of office before any person authorized to adminis-
ter oaths, and shall deliver the same to said recorder, who shall
file the same in his office: Provided, That in the case of the
election of any one or more justices of the peace the said re-
corder shall make a certificate thereof and cause it to be de-
livered to the county clerk, in the same manner as is required of
township clerks. The controller, treasurer and marshal shall,
before entering upon the discharge of their duties, give such
security as the common council shall direct and approve; and
in case any of the officers so elected shall neglect for the term of
ten days to qualify as aforesaid or to give security, the office
shall thereby become vacant.
Proviso.
Powers of
tion.
to apply.
§ 21-SEC. 2. The board of election in each ward, at elections
board of elec- held therein, shall possess all the powers not inconsistent with
this Act that boards of election in townships possesses under
General laws and in pursuance of the laws of this State, and in all matters not
otherwise provided for in this Act, the laws of this State ap-
plicable to the holding of township meetings shall apply to the
holding of annual elections held under this Act, and all the laws
of this State not inconsistent with this Act, applicable to the hold-
ing of general elections in the townships of this State, shall ap-
ply to the holding of general elections in the several wards of
Ballot boxes. Said city. The common council of said city shall provide suit-
able boxes for each ward with locks and keys to be used as bal-
lot boxes in such ward.
Who deomod
eloctod.
§ 22-SEC. 3. The person receiving the greatest number of
votes for any office in said city or ward shall be deemed duly elected
to such office, and if any officers shall not have been chosen by
reason of two or more candidates having received an equal num-
NOTE TO SEC. 20. No person shall act as such inspector who is a
candidate for any office to be elected by ballot at said election. [Act
202, 1893.]
NOTE TO SEC. 21. CHAIRMAN OF BOARD. The general law
provides that when the supervisor shall be one of the board, he shall
be chairman thereof, but if he be absent, such one of their number
as the inspectors shall designate, shall be chairman.
CHAP. VI.]
9
CITY OF MARQUETTE.
not been
given.
ber of votes for the same office, the inspectors of election in
case of ward officers, and the common council in case of "city"
officers, shall determine by lot which of the several persons so
receiving the highest number of votes shall be declared elected.
If notice of any election shall not be given as herein required If notice has
it shall be lawful for the electors to meet at the proper time and
at the place of the last election, and hold the election, and may
thence adjourn if necessary to some other place, as in township
elections, and in case of the non-attendance or neglect of proper
officers to act, the electors present may, viva [voce] voice
[choose] chose inspectors to act in their places: Provided, That Proviso.
if any election of officers under this Act shall not be held on the
day provided for by this Act, [the] said corporation shall not.
for that cause, be dissolved, but it shall be lawful to hold
such [election] elections at any time thereafter, public notice.
thereof being given as provided in this act for special elections,
and the incumbents of the several offices at the time when such
election should have been held, shall continue to hold their re-
spective offices until their successors are so elected and have
qualified.
CHAPTER VI.
VACANCIES IN OFFICE, WHEN THEY EXIST, HOW FILLED, ETC.
§ 23-SEC. 1. Every office shall become vacant on the happen- ofeos, what
ning of either of the following events before the expiration of vacates.
the term of such office: The death of the incumbent, his resig-
nation, his removal from office, his ceasing to be an inhabitant
of the city or ward for which he shall have been elected or ap-
pointed, or within which the duties of his office are required to
be discharged, his conviction of any infamous crime, or of any
offense involving the violation of his oath of office, the decision
of a competent tribunal declaring void his election or appoint-
ment, or his refusal or neglect to take his oath of office, or to
give or render any official bond, or to deposit such oath or bond
in the manner and within the time prescribed by law: Provided, Proviso.
That in case any vacancy shall occur in the office of any justice
of the peace in said city by the operation of this Act, the re-
corder shall immediately transmit to the county clerk of said
county a notice in writing, officially signed by him, informing
the county clerk that the office of such justice of the peace is
vacant.
pointmont.
§ 24-SEO. 2. When any such vacancies occur in any of the of- Vacancios
fices which are appointed by the mayor and confirmed by the com- led by ap-
mon council either by death, resignation, removal of the incum-
bent, or otherwise, such vacancy may be filled by appointment
for the remainder of the unexpired term for which said officer
was appointed, in the manner herein provided for such offices.
§ 25-SEC. 3. (As Amended 1895.) Whenover a vacancy oc- Of aldermen,
curs in the office of alderman, the common council of said city shall by special
10
- [CHAP. VII.
CHARTER OF THE
Proviso.
Certain va-
cancy, how
filled.
Special elec-
tion, notice
of.
immediately appoint a special election to be held in the ward for
which said officer was chosen, at some suitable place therein, not
less than five days or more than fifteen days from the time of
such appointment, and for any such special election five days'
notice of the election and of the meeting of the board of regis-
tration shall be sufficient: Provided, That in case any such va-
cancy shall occur in said office of alderman within three months
before the first Monday of April of any year, it shall be optional
with the common council to order a special election or not, as
they may deem expedient.
§ 26-SEC. 4. In case any vacancy shall occur in any of the of-
fices in this Act declared to be clective or appointive, except alder-
man and justice of the peace, the mayor by and with the consent
of the common council may. in his discretion, fill such vacancy
by the appointment of a suitable 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 shall hold by virtue of such appointment until his suc-
cessor is elected or appointed, as the case may be, and qualified.
§ 27-SEC. 5. Whenever a special clection is to be held, the
common council shall direct the recorder to give notice of the time
and place of holding such election, in the same manner as is
herein required for giving notice of annual elections and the
proceedings of such special election shall be the same, as near
as may be, as the annual city election.
Power and
duty of com-
Quorum
CHAPTER VII.
OF THE POWERS OF THE COMMON COUNCIL.
§ 28-SEC. 1. (As Arnended 1895.) The mayor and aldermen,
mon council. When assembled together and organized, shall constitute the
common council of the city of Marquette, and a majority of the
whole shall be necessary to constitute a quorum for the trans-
action of business, but a less number may adjourn from time to
time, and the common council may be summoned to hold their
meetings at such time as the mayor or, in case of his absence or
inability to act, the president may appoint, at such place as
shall have been designated as the council room by the common
council. The common council shall have power to imposo, levy
and collect such fines as they may doem proper, not exceeding
five dollars, for the non-attendance at any mecting of any officer
of the corporation who has been duly notified to attend the
In absence of sainc. In case of the absence of the mayor and president at any
may preside such meeting, the members present may appoint some one of
at meetings. their members to proside. Each member of the common council
shall be entitled to one vote, except the mayor, who shall only
be entitled to vote when there is a tie vote in the common
council, or when his vote would change the result.
The com-
mon council, in addition to the powers and duties specially
mayor, who
Council to
have control
of finances.
CHAP. VII.]
11
CITY OF MARQUETTE.
conferred upon them in this act, shall have the management
and control the finances, rights and interests, buildings, and
all property, real and personal, belonging to the city, except
as in this charter is otherwise provided, and may dispose of the
same, and make such rules and by-laws relating to the same as
they may deem proper and necessary: Provided, That all Proviso.
resolutions of the common council involving the expenditure
of public moneys shall be approved by the mayor, or other
person performing for the time-being the duties of his office,
but such resolutions shall stand as approved unless the mayor,
within five days from the passage of such resolutions, shall file
with the city recorder a written statement expressing his dis-
approval of the resolution and giving his reasons therefor.
After the filing of objections to such resolution by the mayor
as aforesaid said resolution may only be passed and re-enacted
by a two-thirds vote of all the aldermen elect; they shall have
power within said city to enact, continue, establish, enforee,
annul, amend, and repeal such ordinances, by-laws, rules and
regulations as they may deem desirable for the following pur-
poses:
First, To prevent vice and immorality, to preserve public Vice and im-
peace and good order, to organize, maintain and regulate a morality.
police of the city when necessary, and to define the powers
and duties of such police or any police officers; to prevent and
quell riots, disturbances and disorderly assemblies;
houses.
liquors.
Second, To prevent and restrain disorderly and gaming Disorderly
houses, and houses of ill fame, to prevent the exhibition or
use of any and all instruments and devices used in gaming,
and to prohibit all gaming and fraudulent devices, and restrain
and prohibit all billiard tables kept for gaming purposes;
Third. To forbid and prevent the vending, giving away, or Intoxicating
other disposition of liquors and intoxicating drinks to any
drunkard, minor or other persons in the habit of getting intox-
icated, to prohibit the opening of any drinking saloon, bar, or
place where intoxicating drinks are or may be kept, billiard
rooms, tenpin alleys, or place of public recreation or amuse-
ment on the first day of the wook, commonly called Sunday;
and to prohibit, restrain and regulate the sale of all goods,
wares and personal property at auction or public outcry, except Auction
in cases of sales authorized by law, and fix the fees to be paid
by and to auctioneers;
Sales.
hibitions and
Fourth, To prohibit, restrain, license and regulate all sports, Sports, ex-
exhibitions of natural or artificial curiosities, caravans or shows.
animals, theatrical exhibitions, circuses or other public per-
formances or exhibitions for money;
Fifth, To abate or remove nuisances of every kind, and to Nuisances.
compel the owner or occupant of any grocery, tallow chandler
shop, butcher's stall, soap factory, tannery, stable, privy, hog
pen, sowers or other offensive or unwholesome place or house,
to clean, purify, remove or abate the same from time to time,
12
[CHAP. VII.
CHARTER OF THE
Slaughter
houses.
Dangerous or
explosive
materials.
Incumbran--
ces of streets
and public
places.
Horse racing
or immoder-
as often as they may deem necessary for the health, comfort
and convenience of the inhabitants of said city;
Sixth, To direct or prohibit the location of all slaughter
houses, markets and buildings for storing gunpowder or other
combustible or explosive materials or substances within the
limits of said city;
Seventh, Concerning the buying, carrying, selling and using
of gunpowder or other combustible or explosive materials, and
the exhibition of fireworks, the use of lights in barns, stables
and other buildings, and to regulate or prohibit the discharge
of firearms within the limits of the city, or making of bonfires
in the streets or yards;
Eighth, To prevent the encumbering of streets, sidewalks,
crosswalks, lanes, alleys, bridges, or other public places in any
manner whatever;
Ninth, To prevent and punish horse racing, and immoderate
ate driving. driving or riding in any street, alley or public park or ground,
and to authorize the stopping and detaining any person who
shall be guilty of immoderate driving or riding in any street,
alley or public park or ground in said city;
Routes of
street rail-
ways.
Proviso.
Purity of
water.
navigation.
Tenth, To determine and designate by name the streets upon
which any strect railways shall hereafter be laid in said city,
before the same may be laid therein, and the routes and grades
of any railroad to be laid in said city, before the same may be
laid therein: Provided, That this subdivision of section one
shall not affect or change charter or contract rights heretofore
granted. And to restrain and regulate the use of locomotives,
engines, motors and cars upon the railroads and street railways
within the city, and to compel the use of such precautions
against accidents on said street railways and at street crossings
upon such railroads and street railways, as they may deem neces-
sary;
Eleventh, To provide for and preserve the purity and salu-
brity of the waters of Marquette harbor, and the streams empty-
ing therein; to prohibit and prevent the depositing therein of
all filth and other matter tending to render said water impure,
To preserve unwholesome or offensive; to preserve and regulate the naviga-
tion of said harbor; to prohibit and prevent the depositing or
keeping therein any structure, earth or substance tending to
obstruct or impair the navigation thereof, and remove all ob-
structions that may at any time occur therein, and to direct and
regulate the stationing, anchoring and mooring of vessels, and
Harbor de- laying out of cargoes and ballast for the same. The harbor
of the City of Marquette is hereby defined and declared to be
embraced within the following limits, viz: Commencing at a
point on the shore of Lake Superior where the west boundary
of said city strikes the shore; thence north one mile; thence east
on a line to the point therein intersected by a line drawn north
from the point where the south boundary of the city strikes the
shore of Lake Superior; thence southerly on said line to said
last mentioned point on said shore; thence northerly along the
fined, bound-
aries of.
CHAP. VII.]
13
CITY OF MARQUETTE.
•
line of said shore, following the meandering thereof to the place
of beginning; and any offense committed against the laws and
ordinances of the City of Marquette, within said limits, shall be
deemed and considered as having been committed within the
limits of the City of Marquette;
drunkards.
Twelfth, To restrain and punish drunkards, vagrants, street Vagrants and
beggars, and all disorderly persons or keepers of gaming or dis-
orderly houses, or other houses in which drunkards or boister-
ous persons are allowed to congregate and disturb the peace, or
in which any crime or misdemeanor shall be committed by the
knowledge or consent of the occupant of such house;
animals
Thirteenth, To establish, maintain and regulate one or more Pounds.
pounds in said city, and to prohibit, restrain or regulate the
running at large of horses, cattle, sheep, swine, or other ani-
mals, geese or poultry, and authorize the impounding and
sale of the same for the penalty incurred and the cost of keep-
ing. impounding and other expenses; to punish the breaking
of any pound, or any unlawful interference therewith, and to
make all such by-laws, ordinances, rules and regulations in re-
lation to such pound or pounds, and the advertising and selling Selling of
of the animals, geese or poultry therein impounded, as they impounded.
may deem necessary, or as may be advisable for the purpose of
perfecting the title of any property sold in conformity with any
ordinance or by-law, and for preserving the evidence and declar-
ing the legal effect of any and all evidence of any such sale or
sales, and no court other than the circuit court for the county of
Marquette, or the courts held in said city, shall have any juris-
diction of any action of replevin or any action against any
poundmaster of said city, for, or on account of any animal, or
animals, geese or poultry impounded, or for or on account of
any act done by any such poundmaster in pursuance of any
power or duty conferred by any by law or ordinance passed by
the common council of said city;
Fourteenth, To prevent or regulate the running at large of Dogs.
dogs, to impose taxes on the owners of dogs, and to prevent dog
fights in the streets;
ses.
Fifteenth, To prohibit any person from bringing or deposit- Dead carcas-
ing within the limits of said city, any dead carcass, or other
unwholesome or offensive substances; to require the removal or
destruction thereof; if any person shall have on his or her Unsound
premises any such substance or any putrid meats, fish, hides, meats.
or any skins of any kind, and on his or her default, to authorize
the removal or destruction thereof by some officer of the city,
and to provide for ascertaining the expenses thereof, and col-
lecting the same from the person in default:
Sixteenth, To compel all persons in such part or parts of the sidewalks.
city as the common council may deem proper, to keep sidewalks
in front of premises owned or occupied by them clear from
snow, ice, dirt, wood or obstructions; but the city shall never be
liable for any damage sustained by any person in consequence
14
[CHAP. VII.
CHARTER OF THE
Ringing of
of the neglect of any person to keep any such sidewalk clear
from snow, ice, dirt, wood or other obstructions;
Seventeenth, To regulate the ringing of bells and the crying
bells and cry of goods and other commodities for sale at auction or otherwise,
and to prevent disturbing noises in the streets;
ing of goods.
Prescribe
powers and
duties of
officers.
Cemetery.
Paupers.
Markets.
Proviso.
To establish
building
lines.
Fire districts.
Duty of ap-
pointive
officers.
Eighteenth, To prescribe the powers and duty of all the
officers of said city, except as herein otherwise provided, and
their compensation and the fines and penalties for their delin-
quencies;
Nineteenth, To purchase suitable grounds for cemetery pur-
poses, survey and divide the same, in such form and manner
as they may deem proper; fix and determine price of burial
lots, sell and convey the same, ornament, fence and improve
such cemetery or any burial ground now in the city, and
enlarge the same; regulate the burial of the dead; preserve
tombstones and monuments; and exercise a general control over
all burial places in said city; and all burial grounds now belong-
ing to the township of Marquette, and located within said city,
shall vest in and belong to said city for burial purposes; to
purchase and hold for the city suitable grounds for one or more
public parks; improve and ornament the same, make suitable
regulations for their use, and provide for the proper care of
the same.
Twentieth, To provide for the protection and care of paupers
and to prohibit and prevent all persons from bringing to the
city, from any other place, any pauper or other person likely
to become a charge upon said city, and to punish therefor, and
to return any such person so brought to the city to the place
from whence he came or to which he properly belongs;
Twenty-first, To establish, order and regulate markets; to
regulate the vending of wood, hay, meat, vegetables, fruits
and provisions of all kinds and prescribe the time and place of
selling the same, and the fees to be paid by butchers for
license; to prohibit the sale of unwholesome meat, poultry,
fish, vegetables or other articles of food or provisions, impure,
spurious or adulterated wine, spirituous liquors or beer, or
knowingly keeping or offering the same for sale: Provided,
That nothing herein contained shall authorize the common
council to restrict in any way the sale of fresh and wholesome
meats by the quarter within the limits of the city;
Twenty-second, To regulate and establish the line upon
which buildings may be erected upon any street, land or alley
in said city, and to compel such buildings to be erected upon
such line, by a fine upon the owner thereof, not exceeding five
hundred dollars for each offense;
Twenty-third, To establish fire districts, within which no
wooden building, except such as shall be authorized by the
common council, shall be removed, built, repaired, enlarged,
placed or allowed to stand or remain;
Twenty-fourth, To prescribe the duties of all officers
appointed by the mayor, and their compensation, and the pen-
CHAP. VII.]
15
CITY OF MARQUETTE.
alties 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 by law;
pawn brokers
deemed ped-
Twenty-fifth, To license hawkers, peddlers and pawnbrokers, hawkers, ped-
and hawking and peddling, and to regulate or license the sale dlers and
or peddling of goods, wares, merchandise, refreshments or any
kind of property or thing by persons going about from place
to place in the city for that purpose, or from any stand, cart,
vehicle or other device in the streets, highways, or in or upon
the wharves, docks, open places or spaces, public grounds or
buildings in the city, or from boats in the harbor; all persons Who shall be
selling goods within said city, by sample and by hawking and dlers.
carrying such samples for exhibition from house to house and
agreeing to deliver such goods at some future time to be paid
for upon installments or otherwise, shall be deemed hawkers
and peddlers within the meaning of this chapter; to require a
license fee not exceeding one hundred dollars to be paid by
every person, firm or corporation engaging in the retailing and
merchandising of any class or kind of goods, wares or mer-
chandise in said city;
Twenty-sixth, To license and regulate wharfs, boats, and to Wharf boats.
regulate the use of tugs, and other boats as used in and about
the harbor and within the jurisdiction of the city;
saloons, tav-
Twenty-seventh, To regulate and license all taverns and To license
houses of public entertainment, all saloons, restaurants and erns, res-
eating houses; to designate, by ordinance, bounds, limits and taurants, etc.
districts in the said city, within which the business of vending,
selling, or having for sale, spirituous, vinous, malt or brewed
liquors, or any other intoxicating liquors or mixtures thereof,
shall be conducted and carried on, and to prohibit the vending,
selling and furnishing intoxicating liquors, or admixtures
thereof, except within the districts and limits in said ordinance
appointed and limited for the sale thereof, and may provide
for punishment for any violation of such ordinance;
meats.
Twenty-eighth, To provide for and regulate the inspection of Inspectors of
meats, poultry, fish, butter, cheese, lard, vegetables, flour,
meat and other provisions;
Twenty-ninth, To regulate the inspection, weighing and Weights and
measuring of brick, lumber, firewood, coal, hay, and other measures.
articles of merchandise, and to provide for the inspection and
sealing of weights and measures, and to prescribe the penalty
for using false weights and measures;
Thirtieth, To provide for the inspection of buildings and the Inspectors of
safety of their construction, condition and repair, and to buildings.
license plumbers and regulate the plumbing of buildings;
the construc-
Thirty-first, To direct and regulate the construction of cel- To regulate
lars, slips, barns, private drains, sinks and privies, and to com- tion of drains.
pel the owner or occupant to fill up, drain, cleanse, alter, relay
or repair the same or to cause the same to be done by some
proper officer of the corporation, and to assess the expense
16
[CHAP. VII.
CHARTER OF THE
Vehicles.
Census.
Shade trees.
Proviso.
To enact ordi-
nances for the
ment of the
city.
Franchises,
two-thirds
thereof on the lot or premises having such cellar, slip, barn,
private drain, sink or privy thereon;
Thirty-second. To license and regulate all vehicles of every
kind used for the transportation of persons or property for hire
in the city, also all solicitors for passengers or for baggage for
any hotel, tavern, public house, boat or railroad; and to pre-
scribe and designate the stands of carriages of all kinds which
carry persons for hire, and carts and carters, and to prescribe
the rates of fare and charges;
Thirty-third, To provide for taking the census of the inhab-
itants of the city whenever the council shall see fit to direct
and regulate the same;
Thirty-fourth, To regulate and require the setting of shade
trees in the streets of said city and provide for the preserva-
tion of the same: Provided, That until the common council or
street commissioner shall determine the distance trees shall be
set from the margin of any street or highway, the same may be
set at not less than six nor more than ten feet from the margin
thereof.
Thirty-fifth, The common council shall have authority to en-
good govern- act all ordinances and to make all such regulations, consistent
with the laws and constitution of the State, as they may deem
necessary for the safety, order and good government of the city,
and the general welfare of the inhabitants thereof; but no ex-
clusive rights, privileges or permits shall be granted by the
council to any person or persons, or to any corporation for any
purpose whatever; nor shall any rights, privileges or franchises
vote required. be granted to any person, firm or corporation, without the con-
currence of two-thirds of all the members elect of the common
council voting by yeas and nays, nor until the same has been so
passed at two meetings of the common council, at least two
weeks intervening between the same, one of which said meetings
shall be a regular stated meeting; and any such rights, privil-
eges or franchises may be rescinded at the pleasure of the com-
mon council;
Fines and
penalties for
violating or-
dinances.
Prescribing
license fees.
Thirty-sixth, For the purpose of carrying into effect the pow-
ers conferred by this act, the common council shall have power
to prescribe in [any] and by-law or ordinance made by them
that the persons offending against the same shall forfeit and
pay such fine as they deem proper, not exceeding one hundred
dollars, or by imprisonment in the county jail or in the city
jail for a term not exceeding three months, except as herein
otherwise expressly provided, or both such fine and imprison
ment in the discretion of the court who shall try the offender.
SEC. 2. (No such section).
§ 29-SEC. 29. (As Amended 1893). The council may prescribe
and remitting the terms and conditions upon which licenses may be granted,
and may exact and require payment of such reasonable sum for
any licenses as they may deem proper, and may remit license
fees in specific cases, in their discretion, by a vote of the ma-
jority of the aldermen elect, at any regular meeting.
CHAP. VII.]
17
CITY OF MARQUETTE.
license.
§ 30-SEC. 4. No license shall be granted for any term beyond Terms of
the first Monday in June next thereafter, nor shall any license
be transferable. And the common council may provide for
punishment by fine or imprisonment, or both, of any person, who,
without license, shall exercise any occupation, or trade, or do
anything for or in respect to which any license shall be required
by any ordinance or regulation of the council.
License
§ 31-SEC. 5. All sums received for licenses granted for any money to be
purpose by the city or under its authority, shall be paid into the paid into
city treasury to the credit of the contingent fund.
treasury.
streets.
approved by
§ 32-SEC. 6. (As Amended 1893). The common council may Powers
ascertain, establish and settle the boundaries of all streets and relative to
alleys in the said city, and prevent and remove all encroach
ments thereon, and exercise all other powers conferred on them
by this act in relation to highways, the levying of taxes and all
other subjects of municipal regulation not herein expressly pro-
vided. No plat or subdivision of any lands in the city into build-
ing lots or other parcels thereof shall be presented for his Plats to be
approval to the Auditor General of the State, or for record in council.
the office of the register of deeds for the county of Marquette,
until the same shall be made to conform to the general plan of
the streets of the city, and streets shall be laid out thereon in
conformity with said general plan; nor shall any such plat be so
offered for approval or record or be approved or recorded until
the same shall have been submitted to the common council for
their approval, and such changes therein shall have been made
as the common council shall direct, nor until the said plat shall
have been approved by the common council as being in com
pliance with provisions of this section.
council to as-
To appropri-
§ 33-SEC. 7. (As Amended 1895). The common council shall Power of
have power to assess, levy and collect taxes for the purposes of sess. levy and
the corporation upon all property made taxable by law for State collect taxes.
purposes, which taxes shall be liens upon the property taxed
until paid; to appropriate money, provide for the payment of ate money.
the debt and expenses of the city and make regulations concern-
ing the same; to employ all persons confined for the non-pay-
ment of any fine, penalty, forfeiture or costs, or for any offense
under this act or any ordinance of the common council, in any
jail, workhouse or prison, at work or labor either within or
without the same, or upon any street or public work under the
control of the common council; to allow any person thus con-
fined for the non-payment of any fine, penalty, forfeiture or
costs to pay and discharge the same by such work and labor, and
to fix the value and price of such work and labor. The common Power to
council shall have power to make all such other by-laws, ordi- make other
nances and regulations as they may deem necessary for the by-laws.
good government of said city. The common council shall Treasurer to
have power to direct and compel the treasurer of the city bank all mon-
of Marquette to deposit all moneys, bonds, papers and evi- valuable
dences of value in any bank or banks that may be named by papers.
the common council; and to contract with any such bank or
depositin
ey, bonds and
18
[CHAP. VII.
CHARTER OF THE
Proviso.
Council tọ
have power to
for sewers,
drains, etc.
banks for the safe keeping of all public moneys and for the
receipt of interest at a rate not exceeding eight per cent per
annum, upon such moneys of the corporation deposited with
such bank or banks, and to be drawn on account current from
such bank or banks by the corporation or proper officer thereof,
and such interest shall belong and be credited to the general
fund: Provided, That when the common council has directed
the treasurer to deposit said money with any bank or banks,
such bank or banks shall give a bond to the city, with suretics.
in number and in amount to be approved by the common
council, sufficient to protect the city from loss.
§ 34-SEC. 8. (As Amended 1893.) The common council
direct the line shall have the power to direct sewers, drains and vaults, and
lateral sewers therefrom in the streets to the lines of the lots
and parcels of land abutting on said streets, and arches and
bridges, wolls, pumps and reservoirs, to be built in any part of
said city; to establish, open, widen, extend, straighten, alter,
vacate and abolish highways, streets, avenues, lanes, alleys and
public grounds or spaces within said city; and to grade, pave,
repair and otherwise improve the highways, streets, avenues,
lanes, alleys, or interior public spaces created by the intersec
tion of streets, also cross-walks and sidewalks in said city, with
stone, wood, brick and other material, and whenever necessary
for those purposes, to condemn private property as hereinafter
provided; and the common council shall have full power and
authority to provide for paying all the costs and expenses of all
to pay expen- such improvements as in this section they are authorized to
direct, make and construct by assessment upon the property
benefited thereby, in the manner hereinafter provided, which
assessment shall be a lien until paid, on the lots or premises on
which the same are assessed, and shall be collected as herein-
after provided: Provided, That the action of the common
council heretofore had in directing and constructing in the
streets of the city any such sewers and drains, as is herein
authorized, and all proceedings based and had thereon, are here-
by declared to be of the same force and effect as though this
section had been in effect at the time of such action and proceed-
ings.
in
Council to
have power
ses for cortain
improve-
ments.
Proviso.
Power of
council to
ers of lands to
pave, plank,
curb, etc.,
35-SEC. 9 (As Amended 1893.) The common council shall
compel own- also have full power to require by resolution or ordinance, the
owners or occupants of lands, at their own expense, to repair,
construct, make, pave, plank or gravel and curb, and rail all
when propor- sidewalks adjoining said land after the same shall have been
properly graded, within such reasonable time as they may direct,
notice of which action shall be given to the owners or occupants
of such lands in such manner as they shall direct, and if the
same are not completed within the time so ordered it shall be
lawful for the common council to cause the same to be con-
structed forthwith, and to assess the expense thereof upon the
premises in front of which the same are constructed, in such
manner as they shall determine, which assessment shall be a lien
CHAP. VII.]
19
CITY OF MARQUETTE.
until paid, on the lots or premises on which the same are assessed,
and shall be collected as hereinafter provided for the collection
of other special assessments.
the repair of
§ 36-SEC. 10. (As Amended 1893.) The common council council to
may provide for the immediate repair of cross-walks and side- provide for
walks, and for collecting the cost and expense thereof, in such cross-walks.
manner as they may deem proper, subject to the restrictions
herein contained, and they may determine the time and manner
of assessing and collecting all highway taxes, and all other taxes
except as herein otherwise provided, and they may enact such
general by-laws or ordinances in relation to the assessing and
collecting of all such taxes not inconsistent with the constitu-
tion of this State or of the United States, as they may deem
just and proper, and ordain and make such taxes a lien until
paid, upon the lots or premises on which the same are assessed,
and all by-laws or ordinances, rules or regulations adopted by
the common council, by or in pursuance of any of the powers,
conferred upon them in this act, shall be binding upon all
courts and in all places whatsoever.
ways.
§ 37-SEC. 11. It shall be the duty of the common council to Record of
cause such of the streets and highways in said city as shall have public high-
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 recorder of said city, in the book of street records;
and the record of such highways, streets, lanes, or public
grounds so ascertained and described, or which shall hereafter
be laid out and established by the 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, lâne, alley, or public
ground therein described.
treasurer, etc.
statement.
§ 33-SEC. 12. On the second Tuesday in the month of To audit
March in each year, the common council shall audit and settle accounts of
the accounts of the city treasurer, and the accounts of all other
officers and persons having claims against the city, or accounts
with it, and shall make out a statement in detail of the receipts Detailed
and expenditures of the corporation during the preceding year,
in which statement shall be 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 expenses; the amount
raised for lighting and watching the city; the amount of high-
way taxes and assessments; the amount of assessments for open-
ing, 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] condition of said
city.
20
[CHAP. VII.
CHARTER OF THE
Statement to
be published.
Style of
ordinances.
to seats in
common
council.
The said statement
§ 39-SEC. 13. (As Amended 1897.)
shall be signed by the mayor and recorder and filed with the
papers of the city; and the same shall be published previous to
the fourth Tuesday of March thereafter at the expense of the
city, in some newspaper to be designated by the common
council.
§ 40-SEC. 14. (As Amended 1893.) The style of all ordi-
nances shall be "The city of Marquette ordains." The sitting of
the common council shall be public, except upon demand of a
member thereof seconded by one-fourth of all the aldermen in
office, the council shall go into committee of the whole in private
session for consideration of appointments to office, from which
sessions all persons other than the mayor and aldermen shall be
excluded; but no officer shall be appointed or confirmed in
Who entitled any such sessions. The controller, marshal, city attorney,.
street commissioner, health officer, and city engineer, if there
be one, and such other officers as the common council shall
determine shall have like seats in the common council as are
provided for aldermen, and may take part in all its proceed-
ings and deliberations on all subjects relating to their depart-
ments, subject to such rules as the common council shall
from time to time prescribe, but without the right to vote.
Said officers may be required to attend the meetings of the
council in the same manner as members thereof. All sittings
of the common council, except when in committee of the
whole, as in this section provided, shall be public, and full
minutes of the proceedings thereof, together with all ordi-
nances, by-laws regulations and motions adopted, shall be pub-
lished within ten days after such sitting in at least one news-
paper published in said city.
Required to
attend
meetings.
borrow money
improve-
ments.
Limit of
amount.
Council may § 41-SEC. 15. (As Amended 1893.) To enable the common
for municipal council to build or repair bridges, or make any other public
improvement, and fully and effectually carry out and perform
any and all powers conferred upon them by this act, they may
borrow money for municipal improvements, or for the general
purposes of the city, at a rate of interest not exceeding seven
per cent per annum, and issue the bonds of the city therefor,
signed by the mayor and recorder and countersigned by the con-
troller, but no money shall be borrowed for a longer period
than ten years, nor shall the amount of money thus borrowed
exceed the sum of ten thousand dollars in a single year, and if
the common council shall deem it necessary to borrow more
money for municipal purposes or improvements, or for the
purchase of property for municipal purposes than is above pro-
vided for, or to purchase and donate, or to aid in the purchasing
of a site or sites for any State, educational, reformatory or
benevolent institution or institutions, to be located in or in prox-
imity to the city, or to aid in the construction of the same,
or of a county court house or jail, which they may do when
thereto authorized by a vote of the electors, as herein provided,
CHAP. VII.]
21
CITY OF MARQUETTE.
loans to be
electors.
authorized,
the question of raising such loan shall be submitted to the Questions of
qualified electors of said city at some annual or special election submitted to
called for that purpose, and if a majority of such electors
voting at such election shall be in favor of such loan, the com-
mon council shall proceed to make such loan and issue the bonds When loan
of the city therefor as above provided; but before any loan of council to
money shall be authorized by a vote of such electors of said issue bonds.
city, written or printed notices shall be posted by the recorder
in at least two public places in each ward for thirty days, and
such recorder shall cause notice to be published in some news-
paper printed in said city for the same period, specifying the
object or objects for which money is proposed to be borrowed.
The common council may provide by ordinance the manner of
voting upon any question of borrowing money, but the votes
shall be canvassed and the result certified and determined in the
same manner as the results of other votes are canvassed by the
provisions of this act: Provided, That the total indebtedness Proviso.
of the city for borrowed money, exclusive of sums borrowed
by direction and for the use of the board of water and fire com-
missioners of said city, and sums borrowed for water power and
electric lighting purposes, shall never exceed in amount a sum
equal to five per centum of the aggregate of the last annual as-
sessment roll of the taxable property in said city: Aud pro- Further
vided further, That the twenty-five thousand dollars in bonds proviso.
issued by the board of water and fire commissioners under the
provisions of act number two hundred and forty of the local
acts of the legislature of the State of Michigan of the year
eighteen hundred and ninety-one, are hereby declared to be
valid and of full force and effect, anything herein or in the act
of which this act is amendatory to the contrary notwithstanding.
§ 42-SEC. 16. Whenever any money shall be borrowed by Bonds.
the common council by authority from the electors of said city,
the bonds shall be signed by the mayor and recorder; and all
deeds of land sold by the common council shall be executed by
the mayor and recorder, and, when duly acknowledged by them,
may be recorded as other conveyances, and with like effect.
nance
843-SEC. 17. No ordinance of the common council impos- Certain ordi-
ing a fine or imprisonment shall take effect until the same shall be to be
be published in some newspaper printed and published and cir-
culâted in said city for two successive weeks: Provided, That Proviso.
all ordinances in force in said city at the passage of this Act, and
not inconsistent herewith, shall be and remain in full force un-
til amended or repealed by the common council.
§ 44-SEC. 18. All by-laws, regulations, resolutions and or- How proved.
dinances may be proved in the manner provided by an Act, en-
titled "An Act to provide for proving the by-laws, ordinances
and resolutions of incorporated cities and villages in certain
cases," approved March eighteenth, in the year of our Lord one
thousand eight, hundred and sixty-five, being section 7527 of
Howell's Statutes.
§ 45-SEC. 19. The common council may prevent and punish Injury to
property, etc.
22
[CHAP. VII.
CHARTER OF THE
Fiscal year.
Members of
common coun-
interested in
contracts
with city.
the riding or driving of any beast or team upon any sidewalk,
or the doing of any act injurious or dangerous to any of the
property of said city, or of the property of any of the inhabit-
ants thereof, or which shall be dangerous to the life or health of
any of the inhabitants of said city, and whenever by this act
the common council are given any power, they may adopt by-
laws or ordinances, rules and regulations, relative thereto.
§ 46-SEC. 20. The fiscal year of said city shall begin on the
second Tuesday in March.
§ 47-SEC. 21. (As Amended 1893.) No member of the
cil not to be council, or any officers of the corporation, shall be interested,
directly or indirectly, in the profits of any contract, job, work
or services, other than official services to be performed for the
corporation. Any member of the council, or officer of said city,
herein specified, offending against the provisions of this section,
shall upon conviction thereof, be fined not less than one hundred
nor more than one thousand dollars, or be imprisoned in the
county jail not less than one or more than six months, or both in
the discretion of the court, and shall forfeit his office, which
shall be deemed to be vacant from the time of such conviction.
Penalty.
Removal from
office by com-
§ 48-SEC. 22. (As Amended 1893.) Any person appointed
mon council. to office by the mayor or council by authority of this charter,
may be removed therefrom by a vote of the majority of the al-
dermen elect; and the council may expel any alderman or re-
move from any office any person elected thereto, by a concur-
ring vote of two-thirds of all the aldermen elect: Provided,
That provision shall made, by ordinance, for preferring charges
and trying the same; and no removal of any officer shall be
made unless a charge in writing is preferred, and an opportunity
given to make a acfense thereto.
Proviso.
committeos
may issue
subpoenas to
compel
attendance.
Investigating § 49-SEC. 23. (As Amended 1893.)
(As Amended 1893.) To enable the council
or committees thereof to investigate charges against any officer
or such other matters as they may deem proper to investigate,
the
the mayor and chairmen of committees charged by the council
with any investigation are hereby empowered to issue subpoenas
or process by warrant to compel the attendance of persons and
the production of books and papers before the council or any
committee thereof.
Chairman
shall have
necessary
oath.
§ 50-SEC. 24. (As Amended 1893). Whenever the council,
power to ad- or any committee of the members thereof are authorized to
minister the compel the attendance of witnesses for the investigation of mat-
ters which may come before them, the presiding officer of the
council or chairman of such committee for the time being shall
have power to administer the necessary oaths; and such council
or committee shall have the same power to compel the witnesses
to testify as is conferred by law on courts of justices of the
peace.
CHAP. VIII.]
23
CITY OF MARQUETTE,
CHAPTER VIII.
[Entire Chapter New 1893.]
APPROPRIATION OF PRIVATE PROPERTY.
tion of private
§ 51-SEC. 1. Private property may be appropriated for Appropria-
public use, for the purpose of opening, widening, altering and property for
extending streets, alleys and avenues; and for construction of public use.
bridges, for public buildings and structures, for public grounds,
parks, market places and spaces, for public wharves, docks,
slips, basins and landings on navigable waters, and for the im-
provement of water courses; for vaults, sewers, drains and
ditches, for public water-works, electric, gas and steam plants,
for hospitals, pest-houses and public cemeteries, and to lay
through private property public sewers, water, steam and gas
pipes and electric conduits, but such property shall not be taken
therefor without the consent of the owner unless the necessity of
the proposed improvement and the necessity for using such
property and the just compensation to be made therefor shall be Compensa-
determined by a jury of twelve freeholders as hereinafter pro- property to be
vided; nor shall any improvements, requiring the taking of by jury.
private property. be made, except with the concurrence of two-
thirds of all the aldermen elected to office. The council may,
however, acquire such property by negotiation and purchase, in
which case said improvements may be ordered by a majority
vote of said aldermen.
tion for
determined
When council
shall deem
the taking of
shall declare
§ 52-SEC. 2. When the common council shall deem it
necessary to make any public improvement requiring the taking necessary for
or using of private property not acquired by purchase, they private prop-
shall so declare by resolution, describing the proposed improve- erty; they
ment, and each parcel of land designed to be taken by metes and by resolution.
bounds, giving the names of the owners or persons interested
therein so far as known to them, and shall, in the same resolu-
tion, direct the city attorney to institute proceedings in the
circuit court for the county of Marquette to carry out the objects
of such resolution.
resolution to
§ 53-SEC. 3. Upon the passage of such resolution, a certi- Copy of
fied copy thereof shall be furnished by the recorder to the city be furnished
attorney. Upon receiving from the recorder said certified copy city attorney.
of said resolution, it shall be the duty of the city attorney to
file, in the name of the city, in the circuit court for the county
of Marquette, a petition which shall allege the passage of the
said resolution and contain a copy thereof; shall describe all the
lots, tracts and parcels of private property proposed to be
taken, and all lots, tracts or parcels of which the same are a
portion; shall set forth the names of the owners, occupants and
others interested in said parcels of land respectively so far as Jury to be
the same can be ascertained, as respondents. The petition shall impanoled to
allege that it is deemed by said common council necessary to take damages and
and use said property for the public use and benefit, and shall tion.
appraise
fix compensa-
24
[CHAP. VIII.
CHARTER OF THE
to issue sum-
respondents.
pray that a jury be impaneled to determine such necessity, the
damage sustained and just compensation to be paid therefor.
Such petition shall be verified by the city attorney, or some per-
son having knowledge of the facts, and shall be filed in said court
at least thirty days before the first day of a regular term there-
of. Upon receiving such petition it shall be the duty of the
Clerk of court clerk of the said court to issue a summons against the respond-
mons against ents named in said petition and all other persons interested,
stating the object of the petition, and if said petition shall have
been so filed thirty days before the first day of the next term of
said court, commanding them in the name of the people of the
State of Michigan to appear before said court on the first day of
the next term thereof, otherwise so commanding them to appear
on the first day of the term of said court following the said next.
term thereof, or before the circuit judge at chambers at such
time as he shall appoint, not less than thirty days after the filing
of the petition, and to show cause, if any they have, why the
prayer of the petitioner shall not be granted. And when it
minors, etc., shall appear to the court by said petition, or otherwise, that any
of the owners of said property sought to be taken as aforesaid
are infants under the age of twenty-one years, or insane or other-
wise legally incompetent to appear in person, the court shall
appoint some suitable person to act as guardian ad litem to ap-
pear for said infants, insane or otherwise incompetent persons in
said proceeding.
In case of
court to
appoint a
guardian.
Summons to
be served by
sheriff or
constable.
When not
summons to
be left at
residence.
§ 54-SEC. 4. Said summons shall be served by the sheriff
or any constable of said county at least five days before the
return day thereof, if the respondents, or any of them, be found
in the county, it shall be served by exhibiting to each of them
the original summons and delivering a copy thereof, but if the
respondents, or any of them, cannot be found in said county, it
found, copy of shall be served by leaving a copy at their respective residences,
if any they have within the county, with some person of suitable
age and discretion, and service upon all other respondents or
persons shall be made by publishing a copy of said summons in
one of the newspapers in said county at least eight days before
the return day thereof named in said summons, and by posting a
copy of said advertisement in some conspicuous place upon each
of the parcels of land proposed to be taken, and named in said
petition, at least one week before the return day named in said
summons. The return of the officer of service of said summons,
and affidavit showing the posting of said notices, and affidavit
showing due publication of said summons shall be filed with the
elerk of said court before a jury shall be impaneled.
Impaneling
of jury.
§ 55-SEC. 5. The said jury shall be composed of disinterest-
ed freeholders of said county, to be impaneled and shall be im-
paneled as follows: The sheriff or such constable of said county
as the court or judge shall direct, upon said return day, or such
other day thereafter as the court or the judge thereof shall direct,
shall make a list of twenty-four disinterested freeholders of said
county; and the city attorney and the respondents collectively
CHAP. VIII.]
25
CITY OF MARQUETTE.
ties interest-
juror.
shall each have the right to strike six names from said list, and
the twelve persons whose names remain thereon shall be sum-
moned by a venire, issued by the clerk of said court and to be
served by said sheriff, to attend said court at a time stated
in said venire, to be determined by the court, to which time said
proceedings shall be adjourned by the court. If the respond-
ents refuse to strike any names from said list it shall be done by
the circuit julge, and in case any of the said persons so sum-
moned shall not attend at such adjourned time, or shall be ex-
cused for any cause, or shall be peremptorily challenged or set
aside, the court shall require the said officer to summon imme-
diately a sufficient number of competent freeholders of the
county of Marquette until a panel of twelve freeholders shall be
obtained. Each party and every person having any interest in Right of par-
the lands mentioned in the petition shall have a right to chal- ed in land to
lenge any juror for cause, and the court shall determine as to challenge
the competency of the juror. The city shall be entitled to two
peremptory challenges, and the said respondents collectively to
three peremptory challenges. The practice and proceedings
under this act, except as herein otherwise provided, relative to
drawing, summoning and excusing jurors and talesmen, and im-
posing penalties for non-attendance, shall be the same as near as
may be as the practice and proceedings of the circuit courts of
this State relative to juries in civil cases. The fact of any of
the jurors summoned or selected in said proceeding being a tax jurors.
payer of the said city shall not disqualify him as a juror in the
said proceedings, and no person who is especially interested in
said proceedings, or who has property adjoining upon any lands
proposed to be taken, or who is in any way specially affected by
the proposed improvement, or by the said proceedings, shall be
eligible to sit as a juror; and any person claiming an interest in
any of the lands sought to be taken, though not named in said
petition as an owner or party interested, may at any time during
the said proceedings file with the court a statement of his inter-
est in and a description of the property in respect to which he
claims compensation, and shall thereupon be deemed as one of
the respondents in said proceeding.
Eligibility of
Jury to
determine
improvement
§ 56-SEC. 6. Such jury so impaneled shall be sworn to as-
certain and determine the necessity of the proposed improve- necessity of
ment, and of taking the parcel or several parcels of land sought and award
to be taken for the purpose set forth in said petition, and if compensation
taken, to determine and award to each person entitled thereto
the just compensation to be allowed for his or her interest in the
land so taken; and, in the proper case hereinafter provided for,
shall also be sworn to apportion the proper proportion of the
total damages and compensation to be paid for the private prop-
erty so taken together with the cost of private property acquired
or to be acquired by purchase for said improvement, upon the
lots and parcels of land within the assessment district established
therefor liable to assessment in proportion to the benefits they
shall severally receive.
26
[CHAP. VIII.
CHARTER OF THE
Jury to have
copy of reso-
lution, and
tion.
§ 57-SEC. 7. When the jury shall have been sworn, the city
attorney shall deliver to them a copy of the said resolution of
map of loca- the council, and a map or plat of the proposed improvement
showing the location of the parcels of land sought to be taken,
and its position in relation to adjoining lands; and also in cases
hereinafter provided for, the special roll, prepared as hereinafter
provided, for the assessment of a portion of the cost and expense
of said proposed improvement upon the lots and parcels of land
specially benefitted by said improvement, the jury shall hear
the proofs and allegations of the parties, the arguments of the
counsel, and if ordered by the court, shall go to the place of the
intended improvement in charge of an officer and examine the
premises; and they shall be instructed as to their duties and
the law of the case by the judge of the court, and shall retire
under the charge of an officer, and render their verdict in the
same manner as on the trial of an ordinary civil case.
Jury's verdict
what to con-
tain.
Jury in retir-
ing may take
§ 58-SEC. 8. The jury shall determine in their verdict the
necessity of said improvement, and the necessity for taking and
using such private property for the public use and benefit; and
they shall award to the owners of said property, so taken, such
damages and compensation as they shall deem just; and, in the
cases hereinafter provided for, they shall assess and apportion
the proper proportion of the total damages and compensation to
be paid for the private property so taken, together with the
cost of private property acquired or to be acquired, by purchase
for said improvement, upon the lots and parcels of land liable.
to assessment within the assessment district established therefor,
as determined by the common council, as hereinafter provided,
in proportion to the benefits they will severally receive.
§ 59-SEC. 9. To assist the jury at arriving at their verdict,
map or plat. the court or judge may allow the jury, when they retire, to take
with them the said map or plat of the proposed improvement,
and of the said assessment district, if any, showing the location
of all the property to be taken or assessed; and also the said
district assessment roll hereinafter provided for, and may also
submit to them a blank verdict, the form of which shall be set-
tled and approved by the court or judge. The different descrip-
tions of property, and the names of the occupants, owners and
others interested thorcin may be inserted in said blank verdict.
under the direction of the court or judgo before it is submitted
to the jury.
When public
improvement
vate or local
results in pri-
benents, as
sessment for
costs.
§ 60-SEC. 10. When the common council shall deom it nec-
essary to make any public improvement requiring the taking or
using of private property, not wholly acquired by purchase, and
in the opinion of the common council special and particular beno-
fits will result from said improvement to any of the real estate
of the city less than the whole thereof which is liable to assess-
mont for local improvements, they shall so declare by resolution;
and they shall determine and specify in suid resolution what
proportion of the entire cost and expouso of said improvement,
and of the cost of the private property purchased and to be pur-
CHAP. VIII.]
27
CITY OF MARQUETTE.
chased and to be taken for said improvement, shall be paid out
of any general funds of the city applicable to said improvement.
or out of the money borrowed for municipal purposes, and what
proportion of said total cost and expense, and of the said cost
and expense of the real estate to be used therefor, shall be as-
sessed on the lots and parcels of land to be specially and partic-
ularly benefited by said improvement.
ment district
lished and
made.
§ 61-SEC. 11. For the purpose of determining what lots and Local assess-
parcels of real estate in the city will be specially and particu- to be estab-
larly benefited by said improvement, and on which said propor- special assess-
tion of the cost and expense thereof to be assessed shall be as- ment roll
sessed, the controller shall immediately establish and define a
local assessment district which shall embrace all the lots and
parcels of real estate in said city liable to assessment for local
improvements, which in his opinion will receive special and par-
ticular benefit from said improvement, and shall make out a
special district assessment roll, describing each of said lots and
parcels of land within said district liable to assessment as afore-
said, showing the names of the owners and persons interested in
the said lots and parcels respectively, so far as known, and with
a sufficient description of each such lot and parcel of land, and
so arranged that said roll may thereafter be used as a district
assessment roll for spreading thereon of said proportion of said
cost and expense of said improvement, when the same shall be
determined, and so that items for the cost of the land may be
used for said improvement, may be spread thereon separately
from the remainder of said total cost and expense.
submitted to
§ 62-SEC. 12. On the completion of said roll the controller Roll to be
shall immediately submit the same to the common council, who council when
may change the limits of said district or may order a new roll completed.
to be made by the controller embracing such lots and parcels of
land as the common council shall determine will be specially and
particularly benefitted by said improvement. The common
council shall fix a day for the review, correction and confirma-
tion of said roll, or ordering of a new roll; and the recorder shall
give notice of at least six days by publication in some newspaper
published in said city, or by hand-bills posted in at least ten con-
spicuous places within the said district that the common council
will meet on a day and hour specified in said notice, to review,
correct and confirm said roll, or order a new roll to be made; at
which meeting all persons interested in any lots or parcels em-
braced in said district, or which would be embraced therein
should the limits of said district be extended, may be heard
thercon. If a quorum of the common council shall not be pres-
ent at such meeting, or if a revision of such assessment roll can-
not be completed thereat, or a new roll is ordered, said meeting
may be adjourned from time to time for that purpose without
further notice.
§ 63-SEC. 13. When all needful revision and the correction Council to
of said roll has been made to the satisfaction of the common confirm roll.
council, it shall by resolution confirm the same, and the limits of
28
[CHAP. VIII.
CHARTER OF THE
said district shall not be thereafter changed thereon, and the
proportion of the total cost and expense of said improvement,
and of the cost of land therefor to be borne by the lots and
parcels of real estate to be specially benefited thereby, as before
determined, shall be assessed upon the lots and parcels of real
estate liable to assessment in said district as herein provided.
City attorney § 64-SEC. 14. When said roll is confirmed as aforesaid, the
appropriation city attorney shall proceed as in other cases for the appropria-
to proceed to
of private
property.
Total costs to
be spread on
tion of private property for public use, by petition to the cir-
cuit court for the county of Marquette, making the persons in-
terested in the lands in said district liable to assessment, so far
as known, respondents; and like proceedings, as near as may
be, shall be had in all respects as in said other cases provided
for, except that said petition shall refer to the said action of the
common council and controller in the making and confirming of
said district assessment roll, and shall be accompanied with a
certified copy of the proceedings of the common council in rela-
tion thereto, and of said roll, and except as herein otherwise pro-
vided.
§ 65-SEC. 15. The jury shall also apportion and spread on
roll as appor- any such district assessment roll the proper proportion of the
tioned by fury total cost of acquiring by purchase or condemnation, or both, of
all the real estate required and to be acquired for said improve-
ment upon the lots and parcels of real estate within said district
liable to assessment in à just and equitable manner, assessing
upon each lot or parcel of real estate in said district its just pro-
portion of said portion of said cost and expense according to
their best judgment, having reference to the proportionate
amount of benefit to be derived from such improvement by each
of said lots or parcels of real estate, which proportion of said
cost and expense so spread shall be and become a lien, until
paid, against the several lots and parcels of land respectively,
and shall be collected with the other amounts to be spread upon
said roll in such manner as may be authorized by the general
ordinances of said city, and in all subsequent assessments of any
of the cost and expenses of said improvement on the lots and
parcels of land in said district, said lots and parcels of land shall
not be assessed or charged with any part of the cost of acquiring
the land for such improvement, but the same shall be liable to
assessment and shall be assessed on said roll or another roll in
the same manner, as near as may be, as other special assess-
ments are made, for the proper proportion of the total cost and
expense of said improvement other than for the acquiring of
Whon part of
lot is taken,
damage.
land.
§ 66-SEC. 16. If only a part of any lot or parcel of land in
Jury to award said district shall be taken, the jury shall estimate and determine
the whole damages occasioned thereby, and also the just amount
to be charged against the remainder of said lot or parcel of
land, as a portion of the special and particular benefit thereto of
said improvement, the proper proportion of the cost of acquir-
ing by purchase or condemnation, or both, of all the real estate
CHAP. VIII.]
29
CITY OF MARQUETTE.
required, and to be acquired, for said improvement; and shall
award as compensation for the taking of such part of said lot or
parcel, such sum only as shall remain after deducting from the
amount of said damages, so found by them, said portion of the
said benefit; and in all subsequent assessments of any cost and
expense of said improvement on the lots and parcels of land in
said district liable to assessment, the said remainder of any such
lot or parcel of land, a portion of which is so taken, shall not be
assessed or charged with any part of the cost of acquiring the
land for said improvement, but the same shall be liable to assess-
ment the same as other lots and parcels of land in said district
and shall be assessed on said roll or another roll in the same
manner as other special assessments are made, for the proper
proportion of the remainder of the total cost and expense of said
improvement.
jury may be
dered.
§ 67-SEC. 17. The verdict of the jury may be set aside by Verdict of
the court and a new trial ordered, in the same manner, and on set aside and
the same grounds as in ordinary civil actions in the circuit courts new trial or-
of this State; and amendments, either in form or substance, of
the petition, process or proceedings, may be allowed, when they
will not interfere with the substantial rights of the parties.
Rules of practice under this act may be adopted and promul-
gated by the supreme court of this State.
for motion for
§ 68-SEC. 18. Motions for a new trial or to arrest the pro- Limit of time
ceedings shall be made within two days after the rendition of new trial.
the verdict, unless further time is allowed by the court, and if
no such motion is made, or being made is overruled, the court
shall enter an order confirming the verdict of the jury; and such
judgment of confirmation, unless reversed by the supreme court,
shall be final and conclusive as to all persons interested therein.
The damages and compensation assessed by the jury upon any
lot or parcel of land shall be a lien thereon from the time of
such confirmation until paid and satisfied.
peal.
§ 69-SEC. 19. The city or any person, considering himself Right of ap-
aggrieved, may appeal from the judgment of the court confirm-
ing the verdict of the jury, by filing in writing with the clerk of
said court a notice of such appeal within five days after the con-
firmation, and serving within the same time a copy thereof on
the city attorney and filing a bond in said court, to be approved
by the judge thereof, conditioned for the prosecution of said ap-
peal and the payment of the damages assessed against and all
costs that may be awarded against him, in case the judgment
and confirmation of the court shall be affirmed: Provided. That
the city shall not be required to excute a bond as a condition of
taking such appeal.
peal, clerk to
copy of files.
§ 70-SEC. 20. In case of appeals as above it shall be the duty In case of ap-
of the clerk of the court without delay to transmit to the furnish su-
supreme court a certified copy of all the flies, records and preme court
proceedings in the case. And it shall be the duty of the
judge of the court at the request of the appellant to settle and .
sign a case showing the testimony taken on the trial, the objec-
30
[CHAP. VIII.
CHARTER OF THE
Action of su-
preme court.
Duty of clerk
of court below
is confirmed.
tions, rulings and exceptions concerning the same; and the in-
structions of the court to the jury, with the exceptions thereto,
and the same shall be returned by the clerk as a part of the
record in the case.
§ 71-SEC. 21. The said appeal may be brought on for hear-
ing at any term of the supreme court, and said court for any
prejudicial error of law found in the record may affirm or
reverse the proceedings and may grant a new trial. The
said court shall allow the prevailing party his reasonable
costs and expenses to be taxed, and all costs and expenses
awarded to the city may be applied on and deducted from
the damages and compensation, if any, to be paid to the
appellant.
§ 72-SEC. 22. When the verdict of the jury shall have been.
when verdict finally confirmed by the court and the time in which to take
an appeal has expired, or if any appeal is taken, on the fil-
ing in the court below of a certified copy of the order of
the supreme court affirming the judgment of confirmation, it
shall be the duty [of the clerk] of the court below to trans-
mit to the common council a certified copy of the petition,
of the verdict of the jury and of the judgment of confirma-
tion, and of the order, if any, assessing the costs and expenses;
and thereupon the common council may by resolution direct
the treasurer of such city to proceed to collect the benefits
and costs and expenses assessed by the court and jury, in which
case a certified copy of such resolution shall be annexed to the
record transmitted by the clerk of the court, and the same shall
then be delivered to such treasurer. If such assessments are not
tendered or paid to the treasurer within sixty days after the
passage of such resolution, he shall proceed to sell the property
assessed in the same manner as is provided by law for the sale of
real estate upon execution and with the same force and effect.
City treas-
urer to pay
damages as
to
sion of
property.
$73-SEC. 23. Within six months after the confirmation of
the verdict of the jury, or after the judgment of confirmation,
awarded, and shall, on appeal, be affirmed, the common council shall cause
take posses- the city treasurer to pay or tender to the respective persons
entitled to receive the same, the damages and compensation
awarded for taking such private property, according to the
verdict of the jury as finally confirmed; and in case any such
person shall refuse the same, or be unknown, or be a non-
resident of said city, or for any reason be incapacitated from
receiving his amount, or the right thereto be disputed or doubt-
ful, the common council may deposit the amount awarded in
such case, with a statement of facts in relation thereto, in the
city treasury, to the credit of the person or persons entitled
thereto, and the same shall be paid on demand to any person
entitled to receive it, taking a receipt therefor. Upon such
payment, tender or deposit the common council may enter upon,
take possession of, and convert such private property to the
uses and purposes for which it was taken, with the appur-
tenances and the right to occupy the property sought to be used,
CHAP. IX.]
31
CITY OF MARQUETTE.
shall vest in the city, and the council may convert and use the
same, and may remove all buildings, fences and other [obstruc-
tions] obstruction therefrom. The treasurer shall make a cer-
tificate, verified by his oath, showing his action in making such
payment, tender, or deposit, and shall file the same with the
recorder of said city, and it shall be prima facie evidence of the
facts therein stated.
§ 74-SEC. 24. (As Amended 1895.) The expenses of the Expenses of
proceedings for the taking of private property for any improve- proceedings.
ment, including the compensation paid the jury and the costs of
advertising, shall be embraced in and computed as part of the
costs and expenses of any improvement in respect to which they
were incurred, and shall be paid, apportioned and assessed there-
with as are other items of said costs and expenses and as a part
thereof, and the proper proportion of the total cost and expense
of any such improvement, when determined, shall be by the con-
troller levied and spread on said rolls upon the property in the
said assessment district, in proportion, as near as may be, to the essment rolls.
benefits received, according to the verdict of the jury; and the
controller shall annex his warrant thereto, with the same effect
as other assessment rolls of said city. Upon the completion of
said assessment rolls and annexation of the warrant of the con-
troller, the same shall be conclusively presumed by all courts.
and tribunals to be valid, and shall be prima facie evidence of
the validity of the tax or assessment therein named against the
person and the property therein named.
Special ass-
cers, jurors
§ 75-SEc. 25. Officers, jurors and witnesses in any proceed- Fees of offi-
ings under this act shall be entitled to receive from the city insti- and witnesses
tuting the proceedings the same fees and compensation as are
provided by law for similar services in an ordinary action at
law in the circuit courts of this State.
discontinue
of jury.
§ 76-SEC. 26. The common council shall not have power to Council not to
discontinue proceedings under this act after the rendition of the proceedings
verdict of the jury, but they may direct the city attorney to after verdict
move for a new trial, or to arrest the proceedings, or to take an
appeal to the supreme court, and in any such case the same pro-
ceedings shall be taken as are hereinbefore prescribed in the
case of like proceedings on the part of any respondent.
taken accord-
§ 77-SEC. 27. In cases where the common council shall so di- Private prop-
rect, proccedings for the appropriation of private property for erty may be
public use may be had under the provisions of chapter eighty-three ing to statute.
of Howell's annotated statutes, as amended, with like effect as if
no provision therefor had been made in this charter.
CHAPTER IX.
OF THE POWERS AND DUTIES OF OFFICERS.
§ 78-SEC. 1. The mayor shall be chief executive officer of Mayor, power
the city, and shall also be president of the common council, and and duties of.
32
[CHAP. IX.
CHARTER OF THE
Proviso.
Recorder,
powers and
duties of.
shall countersign all orders drawn upon the city treasurer, and
see that all officers of said city faithfully comply with and dis-
charge their official duties; that all laws pertaining to the muni-
cipal government of said city, and all ordinances and resolutions
of the common council are faithfully observed. He shall have
the same power as conservator of the peace within the limits of
the city as any justice of the peace has, or may by law have;
and to this end it may be lawful for him when any person shall,
in his presence, be guilty of a breach of the peace, or a viola-
tion of any of the ordinances of the common council punishable
by fine or imprisonment, to direct the marshal or other officer
forthwith to apprehend such offender or offenders, and take him.
or them before a justice of the peace for said city who shall,
without reasonable delay, proceed to the examination and trial
of the party arrested. He shall have the power, and it shall be
his duty, to preserve order and decorum in the council room
during the session of the common council, and for this purpose
may order any disorderly person to be arrested by the marshal
or other peace officer, for disorderly or contemptuous conduct
in his presence, which disorderly person may be imprisoned in
the charge of the marshal for a period not exceeding twenty-four
hours, as a penalty for such disorderly or contemptuous con-
duct. The mayor, as chief executive of the city, shall have
power over the police officers of the city, consisting of the mar-
shal and his assistants; and the mayor shall have the power to
suspend the marshal, or any police officer of the city: Provided,
In his judgment such officer is not faithfully performing the
duties of his office; And provided, The said marshal or police
officer shall fail to carry out the instructions of the said mayor,
as to the arresting of offenders, or the enforcement of the laws
as directed by the said mayor; such suspension to continue un-
til the next regular or special meeting of the common council at
the pleasure of the mayor; the mayor having the right to rein-
state such officer, and to cancel such order of suspension before
the meeting of the common council. The mayor shall submit to
the common council at its next meeting the reasons for suspend-
ing said officer, and said suspension shall become a removal from
office, unless the common council shall overrule the judgment of
the mayor by a vote of a majority of its members.
79-SEC.
§ 79 SEC. 2. (As Amended 1897.) The recorder shall per-
form all the duties and have all the statutory powers of a town-
ship or city clerk, in respect to the filing and custody of all pa-
pers required to be filed, and the performance of all other stat-
utory duties. He shall be the clerk of the common council, and
shall keep a fair and accurate record of the proceedings of the
common council, and a record of all claims allowed and disal-
lowed by them. He shall draw and sign all orders on the treas-
urer for claims and accounts allowed by the common council,
and shall keep an account, as near as may be, showing to which
funds the same belong. He shall keep the corporate seal and all
the documents, official bonds, oaths of office, papers, files and
CHAP. IX.]
33
CITY OF MARQUETTE.
cer.
records of the city not by this charter or the ordinances or the
resolutions of the common council entrusted to some other offi-
He shall' countersign and register all licenses granted. He
shall, when required, make and certify under the seal of the city
copies of the papers and records filed and kept in his office, and
such copies shall be evidence in all places of all matters therein
contained to the same extent as the originals would be.
He
shall have authority to administer oaths and affirmations, and to
take acknowledgements of deeds and other instruments in writ-
ing. In the discharge of all duties relative to matters coming
within the jurisdiction or control of the common council, as
clerk of said council and in keeping its records, the manner of
performing said. work, and in the performing of all other duties
as clerk of said council, the recorder and his deputy shall be
subject to the direction of the mayor and common council; and
the recorder's office shall be open to the public daily from eight
o'clock in the forenoon to twelve o'clock noon, and in the after-
noon from one o'clock and thirty minutes to five o'clock, Sun-
days and legal holidays excepted.
keep financial
§ 80-SEC. 3. (As Amended 1892.) It shall be the duty of Controller to
the controller to keep financial accounts of the city corporation, accounts.
to countersign all bonds, orders upon the treasurer, licenses,
burial permits, cemetery deeds, and all evidences of deed and
transfer of property which the common council or the city cor-
poration, the board of water and fire commissioners, or the
school board of school district number one of the city of Mar-
quette, or other school districts of said city are authorized to
issue or make, pledging the faith of said city.
accounts and
(a) He shall receive all accounts and demands against said city To receive
and all boards thereof, and school districts therein, examine them demands.
in detail, audit or allow such of them or such parts thereof as to
the correctness of which he has no doubt, and which the claim-
ant 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, dated
and numbered, report the same to the common council, or board
to which the same properly belongs, and when payment shall be
duly authorized by the common council or board respectively,
to countersign and register the orders drawn therefor upon the
treasurer of the funds from which the same are payable. The
said controller in auditing and examining such accounts shall
have the power to issue subpoenas to procure the attendance of
witnesses and examine such witnesses under oath, to be adminis-
tered by him, relative to any account against said city or boards
thereof, and may at all times have free access to and the right to
examine all books, papers, vouchers and accounts of said city or
boards thereof. He shall have power to administer oaths gener- To adminis-
ally, and shall administer oaths of persons free of charge to all af-
fidavits of claims against the city or boards thereof that may be re-
quired. No claims so audited shall be binding upon the city and audited to be
any of its boards until approved by a majority vote of the com- council.
ter oaths.
Claims
approved by
34
[CHAP. IX.
CHARTER OF THE
To keep
record of
bonds.
To advertise
and receive
contracts.
mon council, or the proper board of the city respectively; and
no account or claim or demand except claims for established
salaries shall be received for audit or allowance or be allowed by
the common council, any of said boards or school districts, un-
less it shall be first presented to the controller accompanied by an
affidavit of the person rendering it to the effect that he verily
believes that the services or property therein charged for have
been actually performed or delivered for the city or board, that
the sums charged therefor are reasonable and just, and that to
the best of his knowledge and belief no set-off exists nor pay-
ment has been made on account thereof, except such as are en-
dorsed or referred to in such account or claim. Every such ac-
count shall exhibit in detail all the items making up the amount
claimed and the true date of each. It shall be a sufficient de-
fense in any court in any action or claim against the city or any
of its boards, for the collection of any demand or claim, that it
has never been presented to the controller verified as aforesaid,
for allowance, or that the claim was presented without the affi-
davit aforesaid, and rejected for that reason; or that the action
or proceeding was brought before the common council or board
respectively had had a reasonable time to investigate and pass
upon it.
(b) The controller shall keep a record of all bonds issued on
the faith and credit of the city whether issued by authority of
the common council, any of said boards or any school district of
said city, 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 of said boards
and of the public. He shall also in like manner keep accounts
of all funds, taxes, assessments, receipts and expenditures of
said city and boards thereof, and school districts therein.
(c) The controller shall advertise and receive proposals for
proposals for all contracts for and on behalf of the city, except as in this char-
ter otherwise provided, and report his action thereon to the
common council. He shall sign all contracts and agreements on
behalf of the city, except as in this charter otherwise provided,
subject to the orders of the common council.
To keep
record of
officers and
employes of
city.
To supervise
financial con-
(d) He shall keep a record of all the officers and employés
of the city and of said boards and school districts, and certify
the pay rolls and wages of all such officers and persons to the
common council and boards respectively. He shall be charged
with the leasing, repairs, insurance and general supervison of
the property of the city, under the direction of the common
council, and for his information may require reports from all
officers, boards and persons having any public property in
charge or possession, and report upon the same when required
by the council.
J
(e) It shall be the duty of the controller to take and exercise
cerns of city. the general supervision of the financial concerns of the corpora-
tion, to keep a complete set of books exhibiting the condition of
1
\
CHAP. IX.]
35
CITY OF MARQUETTE.
the said corporation in its various departments and funds, its re-
sources and liabilities, with proper classification thereof of each
fund or appropriation for any distinct part or expenditure, or
class of expenditures. Whenever any such fund or appropria-
tion has been exhausted by warrants already drawn thereon, or
by appropriations, liabilities, debts or expenses actually incur-
red or contracted for, no other warrant shall be drawn against
such fund until another appropriation shall have been made. He
shall have power, and it shall be his duty to inquire into, inspect
and inventory all finances and accounts, property and assets of
all persons, officers, boards, school districts and other cor-
porate bodies of said city charged in any way with the receipt,
collection or disbursement of public funds, or the custody, con-
trol or use of public property; and to require such reports con-
cerning the same as he shall deem for the public interests; and it
shall be the duty of all such persons, officers, boards and bodies
to make to said controller such reports as he may, in pursuance
of his said duty, require to be made; and to permit the inspec-
tion and copying of all books, reports, entries, documents and
accounts under their control, and to permit the inventorying of
all public property under their control.
treasurer
taxes.
(f) The controller shall open an account with the treasurer To charge
in which he shall charge said treasurer with the whole amount with whole
of taxes, special or general, levied in said city and placed in his amount of
hands for collection, all sums received for licenses, and all other
moneys which may be paid into the city treasury, and all bonds,
coupons, notes, leases, mortgages, interest and bills receivable
by said city, of whatever nature. He shall charge to the treas-
urer all taxes which may be placed in his hands for collection,
and all other officers of the corporation with all funds, money or
property placed or being in their possession, 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 to him
seems proper, the interest of the city and the safety of its
property may require; and he shall give said treasurer and all
other officers credit for all money disbursed upon showing proper
vouchers, and for all property consumed, expended and destroyed
by ordinary wear and use and not otherwise.
warrants and
(g) The controller shall make out and attach warrants to all To make
tax rolls in said city whether for State, county, city, general or attach to tax
special assessments or taxes, and such warrants shall be in the rolls.
usual form of law, which shall have the same virtue, force and
legal effect as warrants made by the supervisors of townships
pursuant to the laws of the State.
scribed by
(h) The controller shall also perform such other duties as To perform
are or may be prescribed by the charter of the city or the duties as pre-
ordinances of the common council, or by said boards, not incon- charter or
sistent herewith, and shall receive for his services such annual council.
salary as the common council shall prescribe, which shall be in
full for all services to the city and said boards, as controller, in-
cluding his duties as assessor, and he shall give a bond with
36
[CHAP. IX.
CHARTER OF THE
To make
annual
financial
statement
to council.
Statement,
what to show.
sureties in the sum of not less than five thousand dollars, for the
faithful performance of the duties hereby imposed.
(2) The controller shall also on or before the second Tuesday
of March in each year make out and submit to the common
council a detailed statement of the receipts and expenditures of
the corporation and its boards during the preceding year, which
statement shall distinctly show the amount of taxes raised dur-
ing the preceding year for all purposes, the amount raised for
each fund; the amounts if any, levied by special assessments and
the amount collected on each; the amount of money borrowed
and upon what time and terms and for what purpose, also the
items and amounts received from all other sources during the
year and for what purposes received; the amount expended
during the year and for what purposes, classifying the expendi-
tures for each purpose separately. Said statement shall dis-
tinctly show the amount of all indebtedness outstanding against
said city and for what purpose contracted and whether funded
or floating; the rate of interest payable on the funded debt and
when, where and to whom paid; the amount of salary or com-
pensation paid or payable to the several city officers, the con-
dition of the several funds of the city and the balance therein,
and such other information as may be essential to a full under-
standing of the financial affairs of the city. The account of each
officer shall be stated separately. He shall also embrace therein
a statement in detail of the amounts of money which in his
opinion it will be necessary to raise by taxation for all city and
local purposes for the ensuing year. The heading of said state-
ment shall be as follows, viz.: "Statement of the Receipts and
Expenditures of the City of Marquette for the fiscal year ending
the second Tuesday of March, A.D. 18-(as the case may
be)." Said statement shall be certified and signed by the con-
troller and by him or under his direction shall be spread at
length in a book to be kept in the office of the recorder to be
designated the "Record of Controller's Reports", and a copy
thereof published in one of the newspapers of the city on or be
Controller to fore the fourth Tuesday of March thereafter. The controller
be assessor of shall be the assessor of said city and wherever in the charter or
the ordinance of the city the word "assessor" is used, the same
shall be deemed to refer to and mean the controller, and he shall
have authority to employ such number of clerks from time to
time as may be necessary, subject to the approval of the com-
mon council.
Form of
heading for
statement.
city.
President pro
tem.
Duty of street
commission-
ers.
§ 81-SEC. 4. The president pro tempore of the common
council shall possess the same powers and perform and discharge
the municipal duties of mayor, during the absence, inability,
death, resignation, or removal of the mayor.
§ 82-SEC. 5. (As Amended 1893.) It shall be the duty of
the street commissioner to perform or cause to be performed,
all such labor, repairs and improvements upon the highways,
streets, sidewalks, alleys, bridges, reservoirs, drains. culverts,
sewers, public grounds and parks within the city, as the council
CHAP. IX.]
37
CITY OF MARQUETTE.
monthly re-
shall direct to be done by or under his supervision; and to over-
see and do whatever may be required of him in relation thereto
by the council under such direction as the common council
shall prescribe. He shall make a report to the controller in To make
writing and on oath, once in each month, giving an exact state- port to
ment of all labor performed by him, or under his supervision, controller.
and the charges therefor, the names and place of residence of
each person employed by him, and the dates and amounts of
labor performed by each, and the rates of compensation to be
paid therefor, the amount of material used, and the expense
thereof and the street or place where such material was used, or
labor performed and further showing the items and purpose of
all expenses incurred since his last preceding report, and such
other items as may be required by the council or controller, and
no payment for labor or services performed, or for expenses in-
curred by him, shall be made until reported on oath as aforesaid.
treasurer
§ 83-SEC. 6. (As Amended 1897.) The recorder and treas- Recorder and
urer shall each have authority to appoint and employ, subject may appoint
to the approval of the common council, one deputy, but with- deputies.
out cost to the city for the services of such deputy unless
specially provided for and allowed in advance by the common
council, and for whose official acts he and his bondsmen shall be
responsible, which deputy upon duly qualifying shall be author-
ized to perform any and all the duties of his principal in the
name of such principal; but any such appointment may be re-
voked at any time by the officer making the same and another
person appointed as such deputy.
aldermen.
§ 84 SEC. 7. It shall be the duty of every alderman in said Duty of
city to attend the regular and special meetings of the common
council, to act upon committees when thereto appointed by the
mayor or common council, to order the arrest of all persons
violating the laws of this State, or the ordinances, by-laws, or
police regulations of said city, to report to the mayor all sub-
ordinate officers who are guilty of any official misconduct or
neglect of duty, to maintain peace and good order, and to per-
form all other duties required of them by this act.
§ 85-SEC. 8. (As Amended 1897.) The marshal shall be chief of marshal.
of police of the city. As police officer he shall be subject to the
direction of the mayor. It shall be his duty to see that all the or-
dinances and regulations of the council and laws of this State made
for the preservation of quiet and good order and for the safety and
protection of the inhabitants of the city are properly enforced. He
shall also possess all the powers of a constable under the laws of
this state and such powers as constables possess in townships, and
such other powers as are necessary for the service of civil or crimi-
nal process issued out of justice's courts of the city. As peace
officer he shall be vested with all the powers conferred upon
sheriffs for the preservation of quiet and good order. He shall
suppress all riots, disturbances and breaches of the peace, and
for that purpose may command the aid of citizens in the per-
formance of such duty. It shall be his duty to arrest all dis-
38
[CHAP. IX.
CHARTER OF THE
City attorney
to have
business of
corporation.
Treasurer to
have custody
of moneys.
bonds, and
notes.
orderly persons in the city. He shall arrest upon view, and
with or without process, any person found in the act of commit-
ting any offence against the laws of the State or ordinances of
the city amounting to a breach of the peace, and forthwith take
the person or persons arrested before the proper magistrate or
court for examination or trial. And he may also without pro-
cess arrest and imprison persons found drunk in the streets.
§ 86-SEC. 9. (As Amended 1893.) The city attorney, under
charge of law the direction of the common council, shall have charge of and
conduct all the law business of the corporation and in which it
shall be interested, except otherwise ordered by the common
council in special cases, and shall also advise the common coun-
cil, boards of the city, and their officers and committees upon
all matters appertaining to the public business and the enaction
of laws and ordinances when submitted to him for his opinion.
He shall prosecute for offenses against the ordinances and regu-
lations of the city adopted by the common council, and the
board of water and fire commissioners, and for the violation of
any of the provisions of the charter of the city. He shall ap-
pear in and defend all actions brought against the Peter White
Public Library of the City of Marquette and the trustees thereof.
§ 87-SEC. 10. (As Amended 1893.) The treasurer shall
have custody of all moneys, bonds, mortgages, notes, leases and
evidences of value belonging to the corporation, and every board
of officers except as otherwise provided by law. He shall re-
ceive all money's belonging to and receivable by the corporation,
and keep accurate accounts of all receipts and expenditures
thereon. He shall pay no money out of the treasury except on
a warrant signed by the proper officers or persons and counter-
signed by the controller, which shall specify the purpose for
which the amount thereof is to be paid, except that when re-
quired by law he shall pay over to the county treasurer the
amount of all State and county taxes collected by him. He shall
quarterly to keep an accurate account of and be charged with all taxes and
moneys appropriated, raised or received for each fund, board or
other body; shall keep a separate account for each fund, and
shall pay every warrant out of the particular fund, board and
other body, constituted or raised for the purpose for which said
warrant was issued and having the name of such fund endorsed
thereon by the controller. He shall keep an accurate account
and report to the common council at the end of each quarter,
commencing August first, eighteen hundred and ninety-three, a
detailed statement of all taxes collected and money received, as
well as money disbursed. He shall make a monthly detailed
statement to the controller of the amount received and credited
by him to each fund, board or other body, and on what account
received, and shall also when required, exhibit a general state-
ment showing the financial condition of the treasury, which ac-
count, report and statement, shall be filed in the office of the
controller. The treasurer shall keep an office where the books
and accounts in his charge belonging to the city shall be open
To report
Council.
CHAP. IX.]
39
CITY OF MARQUETTE.
to the inspection of any taxpayer of said city at reasonable
hours in any week day. And where all bonds, coupons and
warrants, the place of payment of which is not otherwise
designated, shall be presented for payment, and the treasurer
shall not discriminate as to parties holding bonds, coupons,
warrants or other lawful demands. The city treasurer shall col- To collect
lect all the State and county taxes assessed and imposed upon the taxes.
real and personal property of said city, and also all city, high-
way, sewer, water, light and power, and school taxes, and all
such special taxes and assessments as may from time to time be
levied by the common council for the improvement of the
streets, the construction of sidewalks, or any other purposes
authorized by this charter 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 and authority upon said treas-
urer to collect by levy and sale, all the taxes set forth upon any
copy or transcript of any general or special roll so placed in his
hands, the same as warrants made by supervisors of townships
under the laws of this State, and such treasurer shall have all
the powers to enforce collection of said taxes as is conferred up-
on township treasurers by the general laws of the State, shall
give receipts for all taxes collected by him and mark the same
paid upon the proper rolls. He shall once in each year, and
oftener if required, settle with the common council, and with
said boards, and shall pay over all moneys in his hands upon the
order of the common council and subject to their order, and shall
deliver all obligations and valuable papers in his possession to
his successor in office when required.
§ 88-SEC. 11. The supervisor of each ward shall have and Supervisors.
exercise within his respective ward all the powers, authority and
functions of supervisors of towns as now provided or as may
hereafter be provided by law, except as assessor, and except as
herein otherwise provided, and they shall be members of the
board of supervisors of the county of Marquette, and as such
shall be entitled to the same compensation, and shall be paid in
the same manner, and they shall perform as supervisors, such
other duties as by this act shall be required of them: Provided, Proviso.
That in case of sickness, absence, disability or resignation of
any supervisor, the common council shall have power to appoint
a supervisor pro tem for the ward for which such supervisor
was elected.
the peace.
§ 89-SEC. 12. The justices of the peace of said city shall file Justices of
their oaths of office in the office of the clerk of the county of
Marquette, and shall have, in addition to the jurisdiction con-
ferred by this act on them, the same jurisdiction, powers, and
duties conferred on justices of the peace in townships, and shall
have jurisdiction of all actions brought for the recovery of any
fine, penalty, or forfeiture imposed by this act or any ordinance
of said city.
40
[CHAP. IX.
CHARTER OF THE
To keep office
in the city.
Fines, etc.,
Justices to
report
monthly.
§90-SEC. 13. It shall be the duty of the justices of the 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 en-
gaged in cases for violation of the ordinances of said city, such
fees as the common council shall by ordinance prescribe.
disposition of § 91-SEC. 14. (As Amended 1893.) All fines, penalties and
forfeitures recovered by any of said justices for the violation of
penal laws, shall, when collected, be paid in to the city treasurer
on the first Monday in each month; and all other fines, penal-
ties and forfeitures recovered by any of the said justices shall,
when collected, be paid to the city treasurer; 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 name of
every person against whom judgment shall have been rendered
for such fine, penalty or forfeiture, and the amount thereof, and
all the moneys by him received for or on account thereof, which
moneys so received or which may be in his hands, collected on
such fines, penaltics or forfeitures, and to be paid into the city
treasury, shall be paid into the city treasury on the first Mon-
day of each and every month during the time such justice shall
exercise the duties of said office. The justices of the peace of
said city shall qualify in the same manner and give like security
as is required by law of justices of the peace elected in town-
ships, and all the laws of this state applicable to justices of the
peace elected in townships and to the court held by such justices.
of the peace (except as otherwise provided in this act) shall ap-
ply to justices of the peace of said city and to courts held by
justices of the peace of said city. The term of office shall com-
mence on the fourth day of July next succeeding their election,
except when elected to fill an existing vacancy, in which case
they shall qualify within ten days after notice of their election,
and may at once enter upon the duties of their office.
To qualify
and give
security.
Terms of
office.
Fines and
penalties.
Duty of
assessor.
Of other
officers.
§ 92-SEC. 15. (As Amended 1893.) All fines, penalties and
recoveries for violations of the ordinances enacted by the com-
mon council, and all ordinances, rules and regulations adopted
by any board of said city, and for violations of this charter,
shall be paid into the city treasury for use and benefit of the
city and such general fund thereof as the common council shall
by ordinance direct.
§ 93-SEC. 16. It shall be the duty of the assessor to make
and complete all assessments on the real and personal property
within the city, which are or may be required by law or the
laws and ordinances of the city to be made therein for any pur-
pose whatever.
§ 94-SEC. 17. All other officers whose duties are not herein
expressly prescribed, and which the common council are herein
authorized to appoint, shall perform such duties and give such
security as the common council may require, and all officers ap-
pointed by the common council or who shall have the control or
CHAP. X.]
41
CITY OF MARQUETTE.
management of any of the money or property of the city may be
required to give such security as the common council may pre-
scribe and approve, and in default thereof the common council
may declare their office vacant.
CHAPTER X.
OF THE PUBLIC HEALTH.
[Entire Chapter as Amended 1893.]
board of
§ 95-SEC. 1. The common council shall be the board of Common
health of said city, and the health officer shall be the chief council to be
executive officer of said board in carrying out the powers con- health.
ferred by this charter for the preservation of the public health. Health officer
He shall also be the city physician.
introduction
§ 96-SEC. 2. The said common council shall have power, To prevent
and it shall be its duty to take such measures as they shall deem of disease.
necessary and effectual to prevent the introduction of disease into
the city; to stop, detain and examine for that purpose every
person coming from any place infected, or believed to be
infected with any such disease; to establish, maintain and reg- To establish
ulate a city hospital for contageous diseases somewhere in the hospital.
city or not exceeding three miles beyond the city limits; to
cause any person not being a resident of said city, or if a resi-
dent of said city who is not an inhabitant of this State, and
who shall be infected or shall be suspected of being infected
with any such disease to be sent to such city hospital; to cause
any other resident of said city to be removed to such city hos-
pital if the health officer and two other physicians of the city,
including the attending physician of said infected person, if
he have one, shall certify that the removal of such person is
necessary for the preservation of the health of the city; to
remove from the city or destroy any furniture, wearing apparel, To destroy in-
goods, wares or merchandise, or other articles or property of
any kind which shall be suspected of being tainted or infected
with any germs of pestilence, or which shall be likely to pass
in such a state as to generate or propagate disease, to require
and enforce the placarding of appurtenances, buildings and
premises where persons are or have lately been sick with any
contagious or infectious diseases deemed by them to be dan-
gerous to the public health, and to punish for the violation of To punish for
any ordinance, rules or regulations passed for that purpose by violations of
fine not exceeding one hundred dollars and costs of prosecution,
or by imprisonment in the county jail for not exceeding ninety
days; to abate all nuisances which are or may be injurious to
the public health and in any manner that may be deemed
expedient, and from time to time to do all acts, and pass all
ordinances which shall be deemed necessary or expedient for
the preservation of the public health and suppression of disease
in the city and to carry into effect and execute all powers here-
by granted.
fected goods.
ordinance.
42
[CHAP. X
CHARTER OF THE
Inn keepers
to report sick
travelers.
report
with conta-
§ 97-SEC. 3. Every keeper of an inn, boarding house or
lodging in the city, who shall have in his house at any time, any
sick traveler or lodger, 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 health officer, or, in his
Physician to absence, to the mayor. Every physician in the city who shall
patients sick have under his care or treatment or who shall professionally
gious diseases visit any patient sick of any infectious or pestilential disease,
or disease pronounced by the State board of health to be dan-
gerous to the public health, shall, within six hours after he
shall have visited such patient, and the character of said dis-
ease shall have become manifest, make out and deliver to the
health officer, or, in his absence, to the mayor, a report in
writing under his hand of the name, residence or abiding place
in said city of such patient, and the disease of which said patient
Violation of shall be sick. A violation of any of the provisions of this sec-
act a misde-
meanor.
Council may
pass ordi-
nances
regulating
draining
grounds,
privies,
cellars, etc.
Abating
nuisances.
tion shall be a misdemeanor punishable by a penalty of fine or
imprisonment, or both, before any justice of the peace of said
city, the penalty not to exceed one hundred dollars and im-
prisonment six months.
§ 98-SEC. 4. The common council shall have the power to
pass and enact such by-laws and ordinances as they shall, from
time to time, deem necessary and proper for the filling up,
draining, collecting, clearing and regulating any grounds, yards,
basements, slips, cesspools, privies or cellars within said city
and for filling around or repairing all sinks, cesspools or privies
in said city and for the mode of constructing them in future,
and to cause all such work which may be necessary for the pur-
pose aforesaid and for the preservation of the public health,
cleanliness and wholesomeness of the city to be executed and
done at the expense of the city on account of the person or prop-
erty respectively upon which the same may be assessed, and for
that purpose, in case the expenditure is upon private property,
Expense to be to cause the cost and expense thereof to be assessed and collected
by special assessment upon the lots and parcels of land upon
which such expense shall be incurred in the same manner as is
or may be provided by law and the ordinance of the city with
respect to the public improvements within said city and with
like effect: Provided, That the lots and parcels of land upon
which the said costs and expenses have been incurred shall be
deemed and held to be the lots and parcels of real estate bene-
fitted thereby; and the sum of money assessed against each lot
or parcel of land shall be the amount of money expended in mak-
ing such improvements upon such premises together with a rat-
able proportion of the expense of assessing and collecting the
money expended in making such improvement.
assessed,
Proviso.
General
powers.
§ 99-SEC. 5. Said common council and said health officer
shall possess all the powers, and be subject to all the duties and
liabilities conferred upon boards of health and health officers by
the general laws of the State now in force or hereafter enacted,
not inconsistent with this charter; and the common council may
·
CHAP. X.]
43
CITY OF MARQUETTE.
prescribe by ordinance penalties for the violation of any lawful
order, rule or regulation made by them or the health officer.
OF LIGHT AND POWER.
§ 100-SEC. 6. The city of Marquette shall be and is hereby Light and
authorized and empowered to purchase, hold and improve lands, Purposes, etc.
water powers, engines, machinery, apparatus and other prop-
erty, and operate and use the same for the purpose of generating,
making and furnishing electricity, gas, power, steam, light and
heat or other form of energy for the lighting of public streets,
avenues, buildings and grounds of the city, or for private light-
ing in said city, and for the purpose of furnishing electric, gas
or steam power, heat or other form of energy for elevators, ma-
chinery or buildings owned by the city or other public corpora-
tion; and for the purpose of selling such electric or gas light,
power, heat or other form of energy to any person, firm or cor-
poration in said city; and said city is hereby empowered to levy
and collect assessments and taxes, and to appropriate and borrow
money and issue bonds for the purpose of paying for property so
purchased, and for such improvements and the operation there-
of, and to pay bonds of the city issued for such purposes.
[Sections 7 to 21 inclusive rendered inoperative by the act in-
corporating the light and power commission, approved
March 18, 1897, being sections 232 to 252 inclusive of this
compilation.]
OF PARKS AND CEMETERIES.
[Secs. 22 to 34 inclusive, new 1895.]
appoint a
commission.
§ 101-SEC. 22. The mayor shall, as soon as practicable after Mayor to
this act shall go into effect, appoint, by and with the consent of park and
the common council, a park and cemetery commission to con- cemetery
sist of three electors of the city, who shall be appointed to serve
from the date of their appointment for the following terms
thereafter and until their successors are appointed and enter
upon the discharge of the duties of their offices, viz.: one for
one year, one for two years, and one for three years from and Term of.
after the fifteenth day of April in the year when appointed.
Upon the expiration of the term of office of any member of said
commission his successor shall be appointed in like manner for
the term of three years from and after the fifteenth day of April
in the year when appointed and until his successor is appointed
and enters upon the duties of his office. Upon the death,
removal or resignation of any member of said commission, the Vacancies.
mayor shall, as soon thereafter as practicable, appoint another
elector of said city as a member of said commission for the
unexpired term. The mayor shall be ex officio a member of the
said commission.
§ 102-SEC. 23. The said commissioners, when appointed How known.
and organized, shall constitute a park and cemetery commission
of the city of Marquette, which shall be known by the name
44
[CHAP. X.
CHARTER OF THE
To choose a
president.
secretary.
Oath.
and style of "The park and cemetery commission of the city of
Marquette". They shall choose one of their number as presi-
dent, who shall hold his office until the fifteenth day of April
next ensuing the date of his election, and until his successor
To appoint a is chosen. They shall also appoint a secretary who shall hold
his office during the pleasure of the board. Before entering
on the duties of their office said commissioners shall take and
file with the recorder an oath or affirmation as in the case of
other officers of said city. Said commissioners may prescribe
the rules governing their proceedings and shall cause full
proceedings. minutes of their proceedings and doings to be kept in a book for
that purpose, which shall be deemed to be a public record,
which shall be at all times open to the inspection and examina-
tion of every citizen or taxpayer of the city of Marquette; which
proceedings shall be published in a newspaper of the city at
least quarter yearly.
May pre-
scribe rules
governing
Proceedings
shall be
published.
Shall have
power to
employ all
nocessary
assistants.
Proviso.
Subject to
certain
exceptions,
to have full
parks and
cemeteries.
To make de-
for improve
tailed plans
ments.
§ 103-SEC. 24. The said commission shall have power to
employ superintendents, clerks, collectors, engineers, surveyors
and such other employes as it may deem necessary to enable it
to perform its duties under this act, and to prescribe their duties
and compensation: Provided, That in no case shall said com-
missioners receive, directly or indirectly, any compensation for
their services.
§ 104-SEC. 25. Subject to the exceptions reservations and
limitations in this chapter contained, said commission shall have
commission the exclusive government, control, direction and management of
control of all the public parks and cemeteries of the city of Marquette, and
all personal and real property belonging thereto, and shall have
and exercise all the powers and duties of the city, of the com-
mon council and of the park and cemetery commissioners,
whose functions and duties they shall have, exercise and per-
form in and about the custody, supervision, management and
control of all the public parks and cemeteries of the city; and
shall make or cause to be made, general and detail plans for the
improvement of the same; and shall carry out said plans as the
common council shall from time to time raise or appropriate
money therefor, or as they shall have funds at their disposal for
Expenditures such purpose. All expenditures of public funds and all public
ments to be or private structures, works or improvements in and about the
public parks and cemeteries shall be under the direction of
the commis- said commissioners, who may make and enforce rules and reg-
ulations for the government and control, and the preservation
of the parks and cemeteries, not in conflict with the ordinances
now in force, or which may be hereafter adopted by the com-
mon council, and shall cause all their rules and regulations to
be entered in a book to be kept for that purpose, and signed
May appoint by the president and secretary. They may appoint and employ
park police. such number of park police as the common council shall
authorize, who shall have the powers of other police officers of
said city, and perform such other duties as said commission shall
require.
and improve-
under the
direction of
sionors.
and employ
CHAP. X.]
45
CITY OF MARQUETTE.
cemeteries
ions to be
§ 105-SEC. 26. Said commissioners shall cause to be made Plats of city
and filed in the office of the recorder, plats of all public ceme- and subdivis-
teries of the city and subdivisions thereof, showing number, made and
name and location of all lots, blocks, parcels, walks, drives and recorded.
other improvements and features, together with an abstract of
all certificates, conveyances or deeds of lots or parcels thereof,
showing to whom granted, date of conveyance, description and
price of lot or parcel and all interments made and monuments
erected therein, and such other particulars as they shall deem
proper to be recorded; and it shall be the duty of the recorder Recorder to
to preserve said plats and abstracts, and also to keep in his office tery record.
a book to be known as "The cemetery record," in which he shall
record said abstracts or the items thereof, and such other partic-
ulars and information as said commissioners may require; which
plats, abstracts and record shall be public records.
keep a ceme-
heretofore
ordinances
§ 106-SEC. 27. The offices of park commissioner and ceme- Offices
tery commissioner, as heretofore existing, are hereby abolished, existing are
but all ordinances of the common council, and parts thereof, abolished.
now in force relating to the parks and cemeteries of the Previous
city, and the duties of the park and cemetery commis- not conflict-
sioners, not inconsistent with this chapter, shall be and remain ing to remain
in force until amended or repealed; and the duties of the park
commissioner, cemetery commissioner and other officers there-
under shall devolve upon, and be performed by said commis-
sion.
in force.
§ 107-SEC. 28. Upon application of said commissioners to Private
the common council therefor, private property may be taken by Property, how
the city for the use of said commission the same as for other
public use; and the same proceedings had for the condemnation
thereof and payment therefor.
council shall
have power
appropriate
use of the
issue bands.
§ 108-SEC. 29. Upon application of said commissioners Common
to the common council therefor, the common council shall have
power in their discretion to appropriate or raise money for the to raise or
use of said commission and to borrow money from time to time money for
for the use of said commission upon the best terms they can commission.
make for such time as they shall deem expedient, and at a rate
of interest not exceeding seven per cent per annum, upon the
credit of said city of Marquette; and shall have authority to is- shall have
sue bonds therefor, pledging the faith and credit of said city for authority to
the payment of the principal and interest of said bonds; which
bonds shall issue and shall be signed, countersigned and regis-
tered as other bonds of said city: Provided, That no such Proviso.
bonds shall be issued until the amount proposed to be raised
shall have been submitted to the electors of said city, and be
authorized by a majority vote therefor by ballot of all the
electors of said city voting at an annual or special election
therein to be ordered, noticed, conducted, held and canvassed
as elsewhere provided in this charter for the purpose of author-
izing the issuing of bonds of said city.
46
[CHAP. X.
CHARTER OF THE
No purchase
shall be made
or contract
entered into
exceeding
$500, without
consent of the
council.
$109-SEC. 30. The said commission shall make no purchase
of real or personal property or enter into any contract or upon
any work or improvement requiring the expenditure therefor of
an amount in excess of five hundred dollars without the consent
of the common council previously obtained; nor shall such com-,
Not to incur mission incur any indebtedness beyond the sum of six thousand
indebtedness dollars, which they may do in anticipation of the collection of
taxes levied or of the receipt of money appropriated or author-
ized to be raised or borrowed for their use.
beyond $6,000.
To make
written re-
port to
common
council, what
to embrace.
$ 110-SEC. 31. Said commissioners shall make a written re-
port to the common council on or before the second Tuesday in
March in each year, which shall embrace a statement of the con-
dition of the property and improvements under their control,
and the doings of said commission in relation thereto for the
preceding year, and of the receipts of said commission from all
sources, and the amounts thereof, together with an itemized ac-
Statement to count of their disbursements for the preceding year, which state-
ment shall be certified by said commissioners, and shall be filed
with the recorder of said city and published with the controller's
annual statement. They shall also make report in writing to the
common council of their doings from time to time as the common
council shall require.
be certified
by commis-
sioners and
filed with
recorder.
Commission-
ors to
Ostimato
anticipated
revenues,
amount
which will bo
otc.
Common
propriate;
§ 111-SEc. 32. It shall be the duty of said commissioners,
prior to the second Monday in June of each year to submit to
the common council of said city an estimate of the anticipated
revenue from the property under their control, and of the
needed, items amount of money which will be needed by them for improve-
ments, current expenses and other necessary disbursements for
the ensuing year, specifying, as near as practicable, the items
and amounts thereof; and the common council is hereby author-
council to ap-ized and empowered to appropriate the same, or such portion
levy tax for. thereof as they shall determine, for such purposes, and to levy
and collect special taxes therefor, or embrace the same in the
next general tax levy for city purposes, as in other cases, and
in the same manner, and with like effect as other city taxes.
Said report shall also embrace a statement of the amount of
bonds issued, bonds of the city issued for park and cemetery purposes, and
interest thereon, which will become due and payable during the
ensuing year, and it shall be the duty of the common council to
make provision for and pay or renew the same.
Report to
embrace
'statement of
All moneys
raised and
Into the city
treasury.
Cemetery
fund.
§ 112-SEC. 33. All moneys raised and appropriated for
appropriated park and cemetery purposes in said city, and all moneys received.
to be pald
from the sale of burial lots, or otherwise, shall be forthwith paid
into the treasury of the city, and so much thereof as is received
from the sale of burial lots shall be paid into a fund to be called
the cemetery fund, which shall be disbursed exclusively for the
care, preservation and ornamentation of the cemetery in which
said burial lots are located, and all accounts and bills payable
for current expenses and other expenditures of said commission.
shall be allowed and certified by said commission, and, when
verified by the claimant as other claims against the city, shall
CHAP. XI.]
47
CITY OF MARQUETTE.
be by the controller audited, and when so audited shall be paid
by the city treasurer out of any funds in his hands appropriated
or applicable thereto, upon an order drawn and signed by the
president and secretary of said commission and countersigned
by the controller.
commission
contract or
§ 113-SEC. 34. No member of said commission shall be in- Members of
terested, either directly or indirectly, in any contract with said not to be
commission or in the sale of any material or the furnishing of interested in
any labor or services to said commission; nor shall said commis- sale of
sion grant any special rights, privileges or franchises without
the concurrence of the common council, nor any exclusive rights,
privileges or franchises whatever.
materials.
CHAPTER XI.
COURTS OF JUSTICE, FINES, PENALTIES AND LEGAL PROCEEDINGS.
§ 114-SEC. 1. The justices of the peace in said city herein- Jurisdiction.
before mentioned shall be deemed justices of the peace in the
county of Marquette, and shall have all the powers and juris-
diction given by the general laws of this State, in relation to
civil and criminal cases before justices of the peace, in town-
ships, and appeals from their judgments and convictions may
be made to the circuit court for the county of Marquette, in
the same manner as appeals from the justices' judgments and
convictions in towns are made: Provided, That all actions Proviso.
within the jurisdiction of justices of the peace may be com-
menced and prosecuted in said justices' courts when the plaintiff
or defendant, or one of the plaintiffs or defendants, resides in
a township adjoining the township of Marquette.
of
authority.
§ 115-SEC. 2. Any justice of the peace residing in said city Power and
of Marquette shall have full power and authority, and it is here-
by made the duty of such justice, upon complaint to him in
writing on oath, to inquire into and hear, try and determine all
offenses which shall be committed within said city against any
the by-laws or ordinances which shall be made by the common.
council in pursuance of the powers granted by this act, and to
punish the offenders as by said by-laws or ordinances shall be
prescribed or directed; to award all process, and take recogniz-
ance for the keeping of the peace, for the appearance of the per-
son charged, and upon appeal, and to commit to prison as occasion
may require. The corporation of the city of Marquette shall Uso of jail.
be allowed the use of the common jail of the county of Mar-
quette for the imprisonment of all persons liable to imprison-
ment under the by-laws and ordinances of the common council;
and all persons committed to jail by any justice of the peace
for any violatton of a by-law or ordinance of said common
council, shall be in the custody of the sheriff of the county, who
shall keep safe the persons so committed, until, [lawfully] dis-
charged as in other cases.
48
[CHAP. XI.
CHARTER OF THE
Justice of
peace to have
exclusive
jurisdiction
of offenses
§ 116-SEC. 3. (As Amended 1893.) The justices of the
peace of said city shall have exclusive jurisdiction in all cases of
offenses committed against any ordinance or by-law, rule or
against city. regulation of said city, and for offenses committed against any
of the provisions of this act, except as herein provided to the
contrary.
Proceedings
before justi-
ces, how
commenced.
Form of
complaint.
§ 117-SEC. 4. (As Amended 1893.) All proceedings be-
fore justices of the peace in said city for violation of any ordi-
nances of said city, and for a violation of any of the provisions of
this charter, shall be by complaint and warrant, except as here-
in provided to the contrary. All ordinances shall be entitled,
but no ordinance shall be held invalid because the title does not
accurately or fully express the object or objects of such ordin-
ance. The following form of complaint shall be sufficient:
STATE OF MICHIGAN,
COUNTY OF MARQUETTE.
day of
"
} =
SS.
being duly sworn, says that on the
18
one
violated an ordinance of the City of Marquette entitled (here
insert the title of the ordinance or number or section or both
as the case may be, or a reference to page and section of the
record of ordinances, or of any printed copy of said ordinance)
for that the said
did (here insert the facts
tending to show a violation of the ordinance).
Subscribed and sworn to before me this..
18...
day of
Justice of the Peace.
be treated as
under
of State.
ter complaint
Complaints to All complaints must be signed and sworn to the same as com-
plaints in criminal cases under the general laws of the State.
general law Complaints for a violation of any of the provisions of this char-
ter may be in the same form except that the number of the sec-
tion and chapter of this charter violated may be stated instead
of the title of the ordinance, and the same complaint may include
a charge of violating any provisions of this charter as well as any
ordinance passed pursuant to the provisions thereof.
Who may en- § 118-SEC. 5. (As Amended 1893.) Such complaint may
be made by any person having cognizance of the facts, or having
good reason to believe that the offense complained of has been
committed, and in all prosecutions for violations of the ordi-
nances of the city, or any of the provisions of this charter, com-
menced by any person other than an officer of the city, before
process shall issue, the court may in his discretion, require the
person making such complaint, to deposit a sufficient sum of
money, not exceeding ten dollars, as security for costs, or to file
security for the payment of the costs of the proceedings in case
the defendant is acquitted or the complaint is dismissed by the
justice.
CHAP. XI.]
49
CITY OF MARQUETTE.
issue warrant
§ 119-SEC. 6. (As Amended 1893.) Upon such complaint Justice to
being made, the justice before whom the same is made shall
issue a warrant for the arrest of the person, or persons, charged
with the offense, which warrant may be substantially as follows:
STATE OF MICHIGAN, }
COUNTY OF MARQUETTE,
1}
SS.
To the marshal or any constable of the city of Marquette:
You are hereby commanded in the name of the people of the
State of Michigan to arrest…--
...and bring
him forthwith before me, the undersigned, a justice of the peace
of said city of Marquette, to answer a complaint made by
for a violation of (here insert the title
of the ordinance, or number of the section, or both, as the case
may be, that are claimed to be violated), the said
being charged in the said complaint with having (here insert the
facts substantially as stated in the complaint which tend to show
a violation of the ordinance, or section and chapter aforesaid).
You are also commanded in the name of said people of the
State of Michigan to summon.
nesses on behalf of the city of Marquette.
Given under my hand this..
day of
as wit-
18
9
Justice of the Peace.
Form of
warrant.
be executed
§ 120 SEC. 7. (As Amended 1893.) Any such warrant may Warrant may
be executed at any place within the State by the marshal, or by anywhere in
any of his deputies, or by any policeman or constable of said State.
city, and the officer executing the same shall have the same
powers as the sheriff in executing criminal warrants against per-
sons accused of crimes or misdemeanors, and he shall bring the
person arrested before the justice who issued said warrant, or in
case such justice is absent from his office, or is unable to try the
case, or has resigned, or is dead, then the officer making the
arrest, or having charge of the person or persons arrested, may
bring him or them before any other justice in said city. All
persons, whether male or female, shall be liable to arrest and Who liable to
imprisonment for violation of any ordinance of said city or of
any of the provisions of this charter, and it shall not be neces-
sary to appoint any guardian for any infant in any suit or pro-
ceeding brought against such infant for a violation of any ordin-
ance of said city.
arrest.
rested to
§ 121-SEC. 8. (As Amended 1893.) Upon the person or Persons ar-
persons arrested being brought before such justice, he or they plead to the
shall plead to the complaint, or, in case of refusal to plead, the complaint.
justice shall enter a plea of not guilty after the complaint is
read, or if such complaint is not sufficient and does not set forth
an offense against the ordinance of said city, or provisions of
this act, may move to quash such complaint. If such com-
plaint is quashed, the defendant shall be discharged from cus-
tody, but such discharge shall not be a bar for further proceed-
ings for the same offense. If such complaint is sufficient, and
50
[CHAP. XI.
CHARTER OF THE
manding jury
to deposit
amount of
fees.
the defendants deny their guilt, they shall plead not guilty of
the offense charged in said complaint, or the court shall enter
a plea of not guilty in case the defendants refuse to plead, and
thereupon such cause shall be deemed at issue between the city of
Marquette, complainant, and said defendant or defendants and
thereafter, in said cause, the same proceedings shall be had up
to and including the rendition of the verdict or judgment as in
civil cases before justices of the peace in townships, except as
Persons de- herein provided to the contrary. Either party may demand a
jury, but no defendant shall be entitled to a jury trial unless he
shall advance and deposit with the justice the fees for the jurors
at the time of demanding such jury, but if said city demands a
jury, no fees for such jurors shall be required to be deposited
Selection of with said justice. Such jury shall be selected in the same man-
ner, and the same challenge shall be allowed, as in criminal cases
before justices, except that it shall not be a cause of challenge
or excuse that any person summoned as a juror, has been on the
jury in said city or county during the preceding year, or that he
is an honorary member of any fire or military company.
Justices, in all such cases, shall have the same power to punish
jurors or witnesses who refuse to attend, and to punish for con-
tempts, and to exercise jurisdiction in all cases arising under the
ordinances of said city or provisions of this act, that justices in
townships have, or may hereafter have, in criminal cases.
jury.
Power of
justices.
When case
adjourned
8 122 SEC. 9. (As Amended 1893.) If any such cause, com-
defendant to menced by complaint and warrant, is adjourned on request.
furnish bond. of either party, the defendant shall, if required by the justice.
before whom he is brought, enter into a bond or recognizance to
the city of Marquette in the sum of not less than fifty dollars,
or more than two hundred dollars in the discretion or the just-
ice, with sufficient surety, conditioned to appear on the adjourned
day before such justice, or before such other justice as the case
may be transferred to, and abide the further order of the court,
and not depart the court without leave. Such bond or recogniz-
ance shall be valid until the final determination of the case in
whatever court the same may be finally determined. When the
case is adjourned, the defendant shall be committed to the city
prison or county jail until the case is tried, unless he shall give
bail as aforesaid, if required by such justice. And upon con-
viction and sentence of the defendant, the marshal or any police-
man or constable of said city present, when ordered by the just-
ice, shall take such defendant into custody until the commit-
ment is ready. If the defendant does not appear on any ad-
journed day, or does not render himself into custody upon con-
viction, the bond of recognizance shall be declared forfeited by
said justice, who shall enter such a forfeiture upon his docket,
briefly reciting the facts, and thereupon the city attorney, or
other authorized agent or attorney of said city shall commence
an action of covenant, or other appropriate action, on said bond
of recognizance on behalf of said city, in any court of compe-
tent jurisdiction in this State, where the sureties may be found.
Upon con-
viction and
sentence
marshal to
take in
charge.
CHAP. XI.]
51
CITY OF MARQUETTE.
The common council shall have power to compromise with such
sureties at any time before judgment.
render
§ 123-SEC. 10. (As Amended 1893.) The justice before Justice to
whom any person is convicted shall thereupon render judgment judgment.
against such person according to the terms of the ordinance or
provisions of this act violated, and for the costs of prosecution,
and shall issue his commitment against such person, and shall
also, on request of the city attorney, forthwith issue execution
to the marshal of the city. commanding him to collect of the
goods and chattels of person so offending the amount of such
fine or recovery, with interest and costs, and for want of goods
and chattels wherewith to satisfy the same, that he take the
body of the defendant and commit him to the city prison or to
the common jail of the county of Marquette, to be safely kept
by the officer in charge until said defendant is discharged by
due course of law; and the defendant shall remain in prison
until the execution, with all costs and charges thereon, shall be
paid or he be discharged by due course of law: Provided, Council may
That the common council may remit such fine in whole or in remit fine.
part, if it shall be made to appear that the person so imprisoned
is unable to pay the same. Any officer herein mentioned, who
neglects or refuses to execute any process authorized under this
chapter, shall be liable to the same penalties or damages which
are incurred by sheriffs for neglecting or refusing to execute
civil process.
§ 124 SEC. 11.
SEC. 11. (As Amended 1893.) The expense of ap- Expense of
prehending, examining and committing offenders against any ing offenders,
law of this State in the said city, or by any officer in said city, how paid.
and their confinement, shall be audited and paid by the board of
supervisors of the county of Marquette, in the same manner as
if such expense had been incurred by any township of said
county; and the board of supervisors of said county of Mar-
quette shall audit and allow all legal charges against said county
presented to said board by any justice of the peace or constable
of said city.
apprehend-
debt or as-
§ 125-SEC. 12. (As Amended 1893.) An action of debt or Action of
assumpsit may be brought by the city attorney or by any mem- sumpsit may
ber of the common council, in the name of the city, for the re- be brought.
covery of any fine, penalty or forfeiture incurred by the viola-
tion of any ordinance of said city, or any of the provisions of
this charter, and the proceedings shall thereupon be commenced
by summons before any justice in said city, which summons
shall be directed to the marshal or any constable of said county,
and shall be returnable in not less than two nor more than
twelve days and shall be served at least two days before the re-
turn thereof, and all subsequent proceedings in such action so
commenced shall be the same as herein provided for in cases
commenced by complaint, and the like execution shall be issued,
if required. Said justice of the peace shall have the same power
to render judgment by default or on confession in all actions,
whether commenced by complaint or summons, as justices of
52
[CHAP. XI.
CHARTER OF THE
Right to
appeal or
certiorari
granted.
Justice to
of all pro-
ceedings.
the peace in townships, now or hereafter may have in civil cases,
and may thereupon issue a commitment and execution, the same
as if the defendant appeared and proceeded to trial.
§ 126-SEC. 13. (As Amended 1893.) The right to appeal
or take a certiorari to the circuit court for the county of Mar-
quette from the justices of the peace of said city in all civil and
criminal cases is hereby given to said city and to all parties to
the same extent and in the same manner and within the same
time as is now or may hereafter be provided by law for like
appeals from justices of the peace in townships under the laws
of this State. Said city shall have the right to appeal to the
circuit court if judgment is rendered against it in any action
brought by it, for a violation of any ordinance of said city, or
any provision of this charter, whether commenced by com-
plaint and warrant or otherwise, and in such case, and on certio-
rari, said city shall not be required to pay to the justice any
costs or fees on appeal or certiorari; nor shall said city be re-
quired to give any bond on such appeal or certiorari, but such
appeal shall be considered as perfected when the city attorney,
or other authorized attorney on behalf of said city, files with the
justice a notice briefly setting forth that said city feels aggrieved
at the judgment rendered and appeals therefrom to the circuit
court. Such notice shall be filed within twenty days after the
rendition of such judgment, whereupon the justice shall make
return of said cause to the circuit court, and thereupon said
cause shall be deemed to be in the circuit court, and may be
noticed for trial therein the same as civil causes. If judg-
ment is rendered against any defendant for a violation of any
ordinance or of any of the provisions of this charter, he may
take a certiorari to the circuit court, in the same manner and
within the same time as in civil cases before justices in town-
ships, and no common law certiorari in any case shall be
allowed.
§ 127-SEC. 14. (.
(As Amended 1893.) The record of all pro-
keep record cecdings and judgment aforesaid shall be kept and entered by
said justice in his general docket, and all the laws of this State,
now or hereafter existing in relation to the entry of judgments
in civil cases by justices of the peace shall apply to proceedings
before justices in said city for a violation of any ordinance of
the city or of any of the provisions of this charter, all judgments
rendered by the justices under the provisions of this chapter
may be proved in the same manner that is now or may hereafter
be provided by law for proving the proceedings or judgments
of justices in townships in civil cases. All other proceedings in
progress of any case, from its commencement until the rendition
of judgment for a violation of any ordinance of said city, or any
provisions of this charter, shall be the same as in civil cases
before justices of the peace in townships, except as herein pro-
Construction vided to the contrary. Whenever it becomes necessary, to give
of cortain effect to any provisions of this act, all courts shall hold the
singular number to mean plural and the plural number to mean
words.
L
CHAP. XI.]
53
CITY OF MARQUETTE.
singular. The words he, his, himself, shall be held to include
she, her and herself whenever used in this act.
in court to be
§ 128-SEC. 15. (As Amended 1893.) All proceedings before Proceedings
said justices, or in any other court having jurisdiction under the construed
provisions of this act, shall be constructed liberally. The return liberally.
of the marshal, or any of his deputies, or any policeman or
constable of said city, to any warrant, summons, or other writ
or process placed in his hands for service, issued by any justice,
of said city under the provisions of this act, shall have the same
effect in giving the justice jurisdiction, and as evidence, as a re-
turn of a sheriff or constable, in any civil process issuing out of
any of the courts of this State. In the trial of any case for the
violation of any ordinance of said city, the justice trying said
case shall take judicial notice of the existence of said ordinance.
mitment.
129-SEC. 16. (As Amended 1893.) All commitments Form of com-
issued against any person sentenced to the city prison or to the
county jail for a violation of any ordinance, or of any of the
provisions of this act, may be substantially as follows:
To the marshal of the city of Marquette, and to the keeper of
the county jail of Marquette county:
WHEREAS,
was
convicted before me, a justice of the peace of the city of Mar-
quette, on the
day of...
18...
of having violated an ordinance of said city entitled (here insert
the title of, or reference to the ordinance, or the number of the
section and chapter of this act violated, or both, as the case may
be), and
WHEREAS, On such conviction I sentenced him (or them) to
pay a fine of (here insert the fine or fine and costs imposed, and
the alternate imprisonment), and said fine and costs have not
been paid; therefore in the name of the people of the State
of Michigan, you are hereby commanded to take the said
and deliver him to the
keeper of the said jail, and you, the said keeper, are hereby
commanded in the name of the said people of the State of Mich-
igan, to safely keep said
custody for
in your
days from the date of said convic-
tion, unless he pays said fine and costs, or is otherwise dis-
charged according to law.
Dated, Marquette, Michigan,
18...
Justice of the Peace.
prison to
payment of
If any person so committed shall pay the fine and costs stated Keeper of
in said commitment to said keeper, together with the accrued discharge
cost of his board, said keeper shall discharge said prisoner, and prisoner on
forthwith pay over such fine and costs to the treasurer of the fine.
city of Marquette, take his receipt therefor and and file said re-
ceipt with the controller. When any person is directed to be
imprisoned in the city prison, the commitment shall be directed
to the keeper of said city prison. The marshal, or any of his
54
[СНАР. ХІ.
CHARTER OF THE
competent as
Jurors.
or
of said city,
The
deputies, or any policeman or constable
shall have the power to execute such commitment.
foregoing form of commitment shall be the final process, except
as herein provided to the contrary, used in all actions under the
ordinances of said city, or provisions of this charter, where judg-
ment is rendered against the defendant, whether commenced by
complaint or summons.
Citizens to be § 130-SEC. 17. (As Amended 1893.) In all suits and pro-
ceedings in which the corporation of the city of Marquette shall
be a party or shall be interested, no inhabitant of said city shall
be deemed incompetent as an officer, witness or juror on account
of his interest in the event of such suit or action: Provided,
Such interest be such only as he has in common with all the in-
habitants of said city.
Party con-
victed of
violation of
ordinance to
pay costs.
Persons in-
jured by
defective
public prop-
orty to lay
30 days.
§ 131-SEC. 18. (As Amended 1893.) In all cases where any
fine is imposed on any person for the violation of any ordinance,
rule or regulation passed or made by the common council, or
any other body of said city authorized by law to pass or make
the same, the court shall impose as an additional penalty the
payment of the costs of prosecution, whether said ordinance,
rule or regulation provides therefor or not.
§ 132-SEC. 19. (As Amended 1893.) The said city shall
not be liable to respond in damages for any injury to person or
property occasioned by any defect or alleged defect in any pub-
claim within lic street, lane, alley, park, walk, public space or public build-
ing or public ground within said city, unless the person claim-
ing such damages shall, within thirty days next after such in-
jury, give written notice to the mayor, recorder or city attorney
of the fact, date and particulars of such injury, and shall within
ninety days next after such injury present such claim to the
controller of said city in writing and under oath, stating the
time, place, cause and manner of such injury and the facts con-
nected therewith and the witnesses, if any, present when such
injury was received and the amount of damages claimed by roa-
son of such injury.
May appeal
by giving ten
§ 133-SEC. 20. (As Amended 1893.) In case any such claim
days notice. is disallowed by the common council or the party claimant is
not content with the amount awarded or tendered such claimant
in settlement thereof, such claimant shall within ten days aftor
notice of the action of the council upon said claim, file with
the city recorder a notice of such claimant's intention to
appeal from such determination and shall within sixty days next
thereafter cause a transcript of such claim, together with a cer-
tified copy of any vote of the council of said city relative to
such claim, to be filed in the office of the clerk of the circuit
court of the county of Marquettto, in the form and manner ap-
peals from justices of the peace are now filed, and it is hereby
made the duty of the recorder to make such certified copy for
said appellant without charge therefor.
Appellant to
give bond.
§ 134-SEC. 21. (As Amended 1893.) Before filing such ap-
peal the clerk of said county shall require the appellant to exe-
CHAP. XII.]
55
CITY OF MARQUETTE.
ap- Proviso.
cute and file a bond in the sum of three hundred dollars, with
one or more sureties conditioned for the payment of all costs
adjudged against the appellant in said action, which bond shall
be filed in said cause: Provided, however, That in case the
pellant shall make affidavit that by reason of poverty such appel-
lant is not able to furnish such security, such bond shall not be
required, except upon motion and showing made to the judge of
said circuit court that the appellant is able to furnish such
security.
appeal to be
city attorney.
§ 135-SEC. 22. (As Amended 1893.) The appellant shall, Notice of
upon filing said appeal, cause notice thereof to be served upon served upon
the city attorney, and after such notice the said cause shall be
proceeded in, in the same manner as prescribed by law in suits
commenced by summons.
claims for
§ 136-SEC. 23. (As Amended 1893.) In all claims for in- Existing
juries to person or property from defective walks or streets of damage to be
said city, oxisting at the date of the passage of this act the claim- presented to
ant or claimants shall present such claim to the controller of said
city within ninety days after this act takes effect.
controller.
act not to af-
§ 137-SEO. 24. (As Amended 1893.) The provisions of this Provisions of
chapter shall not affect any suit, action or proceeding at law, or fect pending
in equity pending and undetermined at the date of its passage.
suits.
CHAPTER XII.
OF TAXATION, TAXES AND THE COLLECTION THEREOF.
mako annual
mannor of
§ 138-SEC. 1. (As Amended 1893.) The controller of said Controller to
city shall, in each and every year, make and complete an assess- assessment
ment roll of all the real and personal property in said city in the roll.
same manner as is or may be from time to time required by law
for the assessment of property in the several townships of this
State, and in so doing shall in all respects, except as otherwise
in this charter provided, conform to the provisions of law gov-
erning the actions of supervisors in the several townships of this
State, in the assessment of property and the levying of taxes.
It shall be the duty of the controller before the first Monday in Timo and
June in each year to assess all the property in said city liable to making
taxation under the laws of this State now or hereafter in force assessmont.
for the purpose of lovying the taxes lawfully imposed thereon,
and he shall for the purpose of making such assessment have all
the powers and perform all the duties of supervisors of town-
ships in this state: Provided, That any personal property in Proviso.
said city at any time between the last day of March and the first
Monday of June in each year, not exempt from taxation, and
not assessed for taxation elsewhere in the State for that same
year, shall be liable to taxation in said city, and shall be
embraced in said assessment roll. The said controller shall
describe the lands, tenements or subdivisions thereof, subject to
56
[CHAP. XII.
CHARTER OF THE
To have pow-
er to demand
statement
and list of
taxable
property.
Board of
review, who
constitute.
assessment or tax in said city, by referring to the number and
block of the lot, and the names of the owners and occupants
thereof, and if the number and block of said lot, or the names
of the owners thereof be not ascertained, then by such other
sufficient description as the said controller shall employ, and if
by mistake or otherwise any person may be improperly desig-
nated as the owner of any lot, tenement or premises, such assess-
ment or tax shall not, for that cause, be vitiated, but the same
shall be a lien on such lot, tenement or premises until paid, and
shall be collected as in other cases. The controller shall have
power and authority to demand of every person owning, or
having in charge, as agent or otherwise, any property taxable
in the city, a list of such property with such description as will
enable him to assess the same. And such controller shall have
and exercise the same power and duties relating to the making
of assessment rolls as are or may be given to the supervisors of
the townships by the general laws of the State, and he shall be
governed by such laws except as herein otherwise provided.
The controller shall deliver such assessment roll to the board of
review at the opening of its meeting on the first Monday of
June.
§ 139-SEC. 2. (As Amended 1897.) On the first Monday
in June, and for so many days next thereafter as may be nec-
essary in each and every year (not exceeding five days addition-
al), it shall be the duty of the mayor and controller, together
with the supervisors of each ward, to meet at nine o'clock in the
forenoon of said day, or days, at the common council room.
In
case of absence from the city, sickness or inability of the mayor,
the president of the common council shall act in his place; and
in case of absence from the sickness or disability of either of
said supervisors, the alderman of his ward having the shortest
time to serve, shall act in his place; and the said mayor, con-
troller and supervisors, or any of said officers, together with
the persons so acting as aforesaid, shall constitute a board of
review for the purpose of reviewing the assessment roll of the
Review and city, and of correcting any and all errors which said board
or a majority of them shall discover in said roll, and of
exercising all the powers which boards of review of
townships are or may from time to time be authorized
by law to exercise at their meetings to be held for the review
and correction of the assessment rolls of their respective town-
ships; and any member of said board is hereby authorized to
examine on oath any person who shall make an application to
said board, and also to administer any oath to any such person,
or any person who may be required to file any affidavit with
Recorder to them, or either of them. It shall be the duty of the recorder
correction of
assessment
roll.
keep record
of proceed-
ings.
to keep a record of all the proceedings of said board in a book
provided for that purpose, to make regular entries of all resolu-
tions and decisions on all questions; to record the vote of each
member of said board on any question submitted to the board,
if required by any member present, and to file and preserve all
CHAP. XII.]
57
CITY OF MARQUETTE.
$
be by motion
petitions, affidavits and other written documents presented to
the board. No assessment shall be changed in any way, or en- Changes to
try of other names or property made, on said roll, except by a or resolution.
motion or resolution regularly put and adopted by a majority of
the members of said board, which motion or resolution shall
state the amount at which the assessment is fixed as reviewed by
said board. Each day's proceedings of said board shall be read,
approved and signed by the chairman thereof. The controller Controller to
shall cause a notice to the taxpayers of said city to be published meetings.
in a newspaper published in said city, for two weeks prior
نگاری
to the time of any meeting of said board of review, stating the
time and place of meeting of said board, and the object for which
it will meet; which notice shall be continued on each publication
day of said paper during the session of said board; but a failure
to give such notice will not invalidate any tax. After the said
board shall complete the review of said roll a majority of said
board shall endorse and sign thereon a statement, the same in
substance as is or shall then be required to be endorsed on the
assessment rolls of townships by boards of review thereof.
When so completed and certified such roll shall have the same
force as evidence of the assessments therein contained, and of
the validity thereof, as township assessment rolls so certified
have or may then have by the general laws of this state. The
omission of such endorsement shall not affect the validity of such
roll.
give notice of
Certificate.
make copy of
as "tax roll”.
delivered to
§ 140-SEC. 3. (As Amended 1893.) When said assessment Controller to
roll shall have been so certified, it shall be the duty of the con- certified roll
troller to forthwith make a copy of said assessment roll, which to be know!!
copy shall be known as the tax roll, and as soon as the city,
school, library, water, light and power and highway taxes, and
other local taxes and assessments are fixed and determined, he
shall apportion, spread and extend on such tax roll all the taxes
authorized to be raised for city, school, library, water and light
and power purposes and other local taxes and assessments in
said city, including the mill tax, and for the. purpose of avoid-
ing fractions may proceed as provided by the general laws of
the State; and on or before the fifteenth day of July, in each Tax roll to be
year, he shall deliver said roll with the said taxes spread, ex- city treasurer
tended and apportioned thereon to the city treasurer, with the
warrant of said controller thereon commanding the collection
of said taxes, the same, as near as may be required by law in
warrants of township treasurers for the collection of State,
county, and township taxes; taking his receipt therefor and
charging him with the amount thereof. Upon the receipt of the
tax roll by the city treasurer as hereinbefore provided, the taxes become debt
therein stated shall become a debt due and payable to the city, to city and
and the city treasurer shall forthwith upon the receipt of said collect.
tax roll give six days' notice by publication in a daily paper
published in said city and by posting the same in at least six
public places in each ward, which notice shall be a sufficient de-
mand for the payment of all taxes on said roll, that such tax
Taxes to
treasurer to
58
[CHAP. XII.
CHARTER OF THE
Controller to
retain assess-
county clerk.
roll has been deposited with him and that payment of the taxes
therein specified may be made to him at any time up to and in-
cluding the thirty-first day of October thereafter, that no ad-
dition will be made to taxes paid before the first day of August,
but that an addition of one per centum of every unpaid tax will
be made thereto on that day and a like addition of one per
centum every month thereafter until the first day of November
next succeeding, and the amount of the tax and of such additions
as are hereinbefore specified shall henceforth be the unpaid tax:
Provided, however, That the failure to give the notice specified
in this section for the payment of such tax shall not invalidate
the said tax nor relieve the persons assessed from the penalties
herein specified.
§ 141 SEC. 4. (As Amended 1893.) When said assessment
ment roll and roll is completed by the board of review as aforesaid, it shall be
deposit with retained by the controller, and it shall be the duty of the con-
troller on or before the second Monday in October in each year,
and at such other times as assessment rolls are required by law
to be produced before boards of supervisors to deposit said
assessment roll with the county clerk of Marquette county at
the office of said county clerk, and it shall be the duty of said
county clerk to produce said roll before the board of super-
visors at its annual meeting, or whenever required by law as
aforesaid. When the board of supervisors have acted on said
roll as is or may be required by law, it shall be returned by the
county clerk to the said controller. The board of supervisors shall
have the same power to equalize said roll and do any and all
acts with and to said roll including the raising of taxes, except
as herein otherwise provided as they now or hereafter may have
or do to township assessment rolls, which roll after equalization
by said board, shall be the assessment roll of said city.
roll.
Spreading of § 142-SEC. 5. (As Amended 1893.) On the first day of
State and
county tax on November the city treasurer shall return said tax roll to the
controller, who shall at once apportion, spread and extend
thereon all State and county taxes certified to him by the board
of supervisors, at the same time and in the same manner as
township supervisors are or may by law be required to do, and
shall annex thereto a warrant directed to the city treasurer of
said city, signed by him, and in all other respects the same as
near as may be as is or may be by law required in warrants of
township treasurers for the collection of State, county and town-
ship taxes, which warrant shall also command the collection of
city and other local taxes remaining unpaid on said roll. The
controller shall, on or before the first day of December, cause
the said tax roll to be delivered to the city treasurer, who shall
Collection of give a receipt therefor, and he be charged therewith. The
treasurer shall collect and receive all taxes on said roll, includ-
ing said local taxes and additions, except such as have been
paid, without charging any percentage thereon until the first day
of January in each year, and shall mark on the roll as paid all
taxes paid to him, and he shall pay to the county treasurer all
same.
CHAP. XII.]
59
CITY OF MARQUETTE.
State and county taxes received by him as and when required
by law: Provided, Security has been given by said city Proviso.
treasurer as required by law or in this act provided; but if
such security shall not have been given by such city treas-
urer in the manner and in the time required,
the com-
mon council shall immediately appoint some suitable person,
who shall give the required security to collect said tax roll,
who shall be styled the city collector; and the person so appoint-
ed shall thereupon be entitled to receive said tax roll. and shall
collect and pay over such taxes, and make return of his doing
thereon in the same manner; and shall have all the powers, and
shall perform all the duties and be subject to the same liabilities
in this act conferred upon the city treasurer of said city, for the
purpose of the collection and return and paying over of said
taxes.
give notice.
§ 143-SEC. 6. (As Amended 1893.)
(As Amended 1893.) Such treasurer shall, Treasurer to
after the tax roll comes into his hands, as provided in the last
preceding section, give notice by publishing the same for two
successive weeks in a newspaper published in said city, and by
posting the same in three public places in each ward of said city,
that the roll is in his hands, and the time when by law he will be
authorized to receive the taxes thereon:
default in said notice or any omission to
visions of this section, shall not invalidate
taxes thereon assessed.
Provided, That any Proviso.
comply with the pro-
said tax roll or any
fees.
§ 144-SEC. 7. (As Amended 1897.)
(As Amended 1897.) For the collection of Collection
all such taxes, the city treasurer, or other persons appointed to
collect the same, shall be entitled to receive such percentage
as is or may at the time be allowed by law to township treas-
urers for the collection of taxes. The said treasurer shall collect
the tax rolls put into his hands by the assessor within the same
time and in the same manner that the several township treas- Duty of
urers are or may be required to collect the taxes in townships,
except as otherwise herein provided; and he shall possess all
the powers and perform all the duties which are or may be pre-
scribed by law for township treasurers of this state and which
are not inconsistent with this act.
Treasurer.
assess taxes.
Limitation on
§ 145-SEC. 8. (As Amended 1897.) The common council Power to
shall have authority to assess, levy and collect taxes on all the
real and personal estate taxable in said city, which taxes shall be
and remain a lien on the property so assessed until the same
shall be paid: Provided, that they shall not raise by general
tax more than one per cent. on the valuation thereof for city city taxes.
purposes, exclusive of state, county, school, water, light and
power, library, and taxes to pay bonded indebtedness and
interest thereon and highway taxes. They may levy a highway
tax not exceeding one-half of one per cent. on the valuation of Highway tax.
taxable property in said city, to be assessed and collected in
money as other city taxes, but placed upon the assessment roll
in the column of highway taxes. In addition to all other taxes
herein provided for the council may also raise such further sums
}
}
60
[CHAP. XII.
CHARTER OF THE
annually, not exceeding one-half of one per cent. of the assessed
valuation of the property of the city, as may be necessary to
Interest and provide an interest and sinking fund to pay the funded debts
sinking fund. of the city and the interest thereon, which shall include school
district bonds, water bonds, and electric light and water power
bonds, as well as all other city bonds. They may also levy and
raise by tax, in addition to all taxes hereinbefore provided for,
Taxes for the such sum as may be required to pay any indebtedness of the city
maturing or to fall due within the year, arising from loans
previously made by the city, or interest thereon.
repayment of
loans.
Poll tax.
Proviso.
Taxes a debt.
Lien of taxes
Lien of per-
sonal taxes
§ 146-SEC. 9. The common council shall have power to
assess and collect from every male inhabitant of said city over
the age of twenty-one years and under the age of fifty years,
except paupers, idiots, lunatics, and persons otherwise exempted
by law, an annual capitation or poll-tax not exceeding one dollar,
and they may provide by their by-laws for the collection of
same: Provided, That any person assessed for a poll tax may
pay the same by one day's labor upon the streets, under the di-
rection of the street commissioner, who shall give to each person
so assessed and electing to pay the same in labor, notice of the
time and place when and where such labor will be required; and
the money raised by such poll-tax, or labor in lieu thereof, shall
be expended or performed under the direction of the common
council.
§ 147-SEC. 10. (As Amended 1897.) All taxes levied as
herein provided, for state, county, city and other purposes, shall
become at once a debt to the city, from the person or persons
owning or occupying the property upon which the same are
levied. All said state and county taxes, assessed on real prop-
erty, shall be a lien on such real property on and after the first
day of December following; and all other taxes so assessed on
on real estate real property shall be a lien on such property on and after the
fifteenth day of July of the year for which they are assessed;
and the lien for such amounts, and for all interest and charges
thereon, shall continue until payment thereof. Taxes assessed
on personal property shall be a lien thereon in accordance with
the provisions of the general tax law of this state.
All state,
county and school taxes in said city, and all city, highway and
other local taxes, which shall be raised by general taxation, shall
be assessed and levied upon the same property, and collected as
near as may be in the same manner, as is or may be provided
by law for the assessment and collection of taxes by township
officers, except as herein otherwise provided. The city treasurer,
or city collector, shall make return to and settlement with the
county treasurer within the same time and in the same manner
as township officers are or shall then be required by law to make
such returns and settlements; and after such return the same
Proceedings proceedings shall be had for the collection of taxes returned de-
linquent, and for the sale of lands for delinquent taxes, as shall
then be prescribed by the general laws of this state for the
collection of delinquent taxes and sale of lands for delinquent
General laws
to govern,
Settlement
with county
treasurer,
for collection.
CHAP. XII.]
61
CITY OF MARQUETTE.
taxes in townships; and all laws that shall from time to time be
in force, relating to the redemption of lands sold for taxes, the
conveyance of such lands after the redemption shall have expir-
ed, and the force and effect of the conveyance given on such sale,
shall apply with equal force thereto, except as herein otherwise
provided. The common council of said city is hereby author-
ized and required to perform the same duties in and for said city Duties of
as are by law imposed upon the township boards in the town- council.
ships of this state, in reference to said county, state and school
taxes, except as is otherwise provided in this act.
common
•
determine
raised.
Controller to
§ 148-SEC. 11. (As Amended 1893.) It shall be the duty Council to
of the common council, on or before the second Monday in June amount of
in each year to determine, by resolution, and direct the amount taxes to be
of money to be raised by taxes in said city for all purposes with-
in said city for such year, and direct the levying thereof and
the levying of all sums required for the use of school district
number one of the city of Marquette, or other school districts
hereafter established in said city, the board of water and fire
commissioners of the city of Marquette, and the trustees of the
Peter White public library of the city of Marquette; and for
such other boards as shall be established by law in said city;
and it is hereby made the duty of the controller of said city to
levy the sums so directed to be levied, and such other taxes as levy taxes.
may be required by law upon the taxable property of said city
in the manner specified in this act. No real or personal proper- Property
ty which shall be exempt from taxation under the laws of this exempt from
State shall be assessed for the ordinary city taxes, nor shall any
public park, square or public ground be assessed for any tax or
assessment whatever. It shall be the duty of the trustees of
school district number one of the city of Marquette annually
and before the first Monday in June in each year to certify, as
otherwise provided by law, to the common council all sums to certified.
be raised by taxation for school purposes in said city during the
current year, and the same shall be levied with the other local
taxes as required by this charter. The board of supervisors of
Marquette county shall have no power to direct the amount of
money to be raised in said city, upon the city tax roll for city
or school purposes except to order the reassessment of rejected
taxes.
taxation.
School taxes
to be
case tax sales
§ 149-SEC. 12. (As Amended 1897.) Whenever it shall be Proceeding in
discovered that the sale of any real estate situated in said city,
, are void.
to the State, for delinquent taxes, heretofore made, or hereafter
to be made, pursuant to the decrce of any court, as provided by
law, is void, either because of the invalidity of the decree for
want of jurisdiction, or for any other reason, or because of any
defect in the proceedings subsequent to such decree, for the sale.
of such real estate, or the report and confirmation thereof, and
the interest acquired by the State on such sale shall still be held
by the State, the auditor general is hereby empowered to cause
a re-sale thereof in the following manner: If the defect is owing
to the invalidity of the decree he shall file a new petition in the re-sale.
Auditor gen-
eral to cause
62
[CHAP. XII.
CHARTER OF THE
General law
to apply.
Decree for
sale.
same court in which said decree was made, alleging the in-
validity of the former decree or decrees, and the grounds there-
of, and also containing the allegations, and making the reference.
for descriptions and amount of taxes, interest and charges, to
schedules, as required by the provisions of the general laws of
this State then in force for proceedings for decree against lands
for delinquent taxes and the sale thereof, and praying for a de-
cree declaring such former decrees null and void, as well as for
a new decree in favor of the State for the payment of such de-
linquent taxes, and in default thereof that such real estate be
sold. All the provisions of the general laws of this State then
in force for proceedings for decree and sale of lands for delin-
quent taxes shall apply to such petition, and the notice of the
pendency thereof, and all subsequent proceedings, to and in-
cluding the sale and conveyance of the lands, shall be in ac-
cordance with such provisions of law. The decree shall be
substantially in the same form as may be prescribed by law
for decrees against lands for delinquent taxes, except that
such former decree or decrees shall thereby be declared void,
and it shall direct the sale of the lands covered thereby to be
made at the time and place appointed by law for the annual sale
of lands for delinquent taxes. The same time shall be allowed
Redemption. for redemption of lands sold on such decree as is allowed by law
on other lands sold for taxes. If there shall be a valid decree,
and the sale is void because of defect in the proceedings subse-
quent thereto, the auditor general may present his petition to
said court, setting forth the defect, referring to the said decree
and the tax record referred to therein, and praying that such
sale may be set aside and a resale ordered. And if the court
shall find that such sale is void it shall so order, and the auditor
general shall thereupon proceed to advertise the said lands and
cause the same to be sold in the same manner as is provided by
law for the sale of lands decreed for sale which for any cause
shall not be sold as advertised. And whenever the common
apply to audi- council of said city shall request the auditor general to take
tor general to proceedings for the re-sale of any such real estate, and shall
furnish a statement of the alleged defects in the proceedings to
obtain such decree or decrees, or to make such sales, it shall be
the duty of the auditor general, if in his opinion such decrees
or sales are void, or if he shall be so advised by the attorney
general to institute the appropriate proceedings for the re-sale
of such lands, as hereinbefore provided. In all cases wherein
the sale of any of the lands in said city, made under the general
tax laws of this State, has been or may be set aside by any court,
or otherwise canceled according to law, and the money paid on
such sale shall have been refunded to the purchaser, his repre-
sentatives or assigns, the lien for the taxes for which such sale
vest in State. was made shall be re-vested in the state, as if no sale had been
made; and the auditor general shall, as soon as practicable,
cause such lien to be foreclosed, and the said lands to be re-sold
in the manner aforesaid.
Common
council may
cause re-sale.
Lien to re-
CHAP. XII.]
63
CITY OF MARQUETTE.
be held in-
§ 150—SEC. 13. (As Amended 1897.) No general or special Taxes not to
tax assessed in said city, upon any property therein, shall be valid, when.
held invalid for want of any matter or thing not affecting the
merits thereof; nor shall any excess of tax render any sale of
personal property invalid, unless the legal amount of tax, costs
and charges were tendered to the officer collecting the same be- Tender of
fore the sale of such property; and in all cases of sales of real
estate for taxes the same may be redeemed within the time, and
in the manner, and upon the terms, as provided for in the gen-
eral laws of this State, and such sales shall have such legal effect
or may be hereafter given in the general law to sales of
lands for taxes.
provements
assessed.
§ 151-SEC. 14. (As Amended 1897.) Whenever the com- Public im-
mon council shall determine the necessity thereof or order any
street or any portion thereof to be opened, widened, graded,
paved, or otherwise improved, or the construction of any sewer,
drain, bridge, culvert, or any other like improvement, it may
acquire the land and right of way therefor. and may enter into Lands for.
a contract for making such improvements according to the pro- Contract.
visions of this charter and the laws and ordinances of the city,
and after the cost and expense thereof has been ascertained, it
shall cause the same to be assessed upon the lots and real estate Cost to be
herein made subject to such assessment, as hereinafter provided;
and in case land or right of way for any such improvement shall
have been heretofore acquired, the cost thereof may be included
in such assessment: Provided, That unless the common council
shall otherwise order by three-fourths vote of the aldermen
elect, the mayor concurring, it shall be necessary before any
liability for any of the cost and expense of any such improve-
ment, other than the cost of the estimate hereinafter provided
for, is incurred, to cause, and the common council is hereby au-
thorized to cause an estimate of the probable cost and expense cost to be
of said improvement to be made by the controller, and cause the made.
amount of said estimate to be assessed upon the lots and parcels
of real estate to be benefitted by said improvement, in the man-
ner, as near as may be, as is herein provided for assessing the
cost and expense of improvements in other cases; in which case
no contract shall be let or liability incurred for such improve- Contract not
ment until at least three-fourths of the said estimated cost and
expense thereof, so assessed, shall have been collected; and in
case the total cost and expense of said improvement when com-
pleted shall exceed the said estimate thereof, the difference be-
tween said total cost and expense thereof and said estimate shall
be assessed and levied by the controller on the said lots and
parcels on the roll upon which said estimate was spread, and the
controller shall attach his warrant thereto commanding the col- Warrant.
lection thereof by the treasurer, and the same shall be collected
as other special assessments. In case the said actual cost and
expense of said improvement when completed shall be less than
Estimates of
to be let, when
the said estimated costs thereof, the difference between the same In case of
shall be refunded pro rata to the persons or corporations who surplus.
64
[CHAP. XII:
CHARTER OF THE
Items to be
embraced in
assessments.
Estimates
and plats.
Notice.
1
have paid the same. A proper charge to be determined by the
common council for plans, superintendence and engineering
services in connection with any such improvement, shall be em-
braced in the items of the costs and expense of any such im-
provement, as well as the cost of land and right of way there-
for. Before ordering any public improvements or repairs, any
part of which is to be defrayed by special assessment, the coun-
cil shall cause estimates of the expenses thereof to be made by
the controller, and also plats and diagrams, when they deem the
same desirable, of the work and of the locality to be improved,
and deposit the same with the controller for public examination;
and they shall direct the recorder to give notice thereof and of
the proposed improvement or work, and of the district to be
assessed, which shall be given by publication for at least ten
days in one of the newspapers of the city, and of the time when
the council will meet and consider any objection thereto. Unless
a majority of the persons owning the property to be assessed
for any such improvement shall petition therefor, no such im-
provement or work shall be ordered, except by the concurrence
of the mayor and two-thirds of the aldermen elect. Provided
further, That the proviso of this section shall not apply to the
construction or repair of sidewalks or assessments therefor.
§ 152-SEC. 15.
For the purpose of
(As Amended 1893.)
such assessment the controller shall immediately proceed to
establish and define a local assessment district embracing all the
lots and parcels of real estate deemed to be benefited by said im-
Assessment provement, and shall make out a special assessment roll of all
the lots and parcels of real estate within such district except
public property and assess the entire cost and expense of such
improvement, or so much thereof as is required, upon the said
Benefits, how lots and parcels of real estate in a just and equitable manner,
assessing each lot or parcel of real estate in each district its just
proportion of the whole amount of such cost and expense accord-
ing to the best of his judgment, having reference to the propor-
tionate amount of benefit to be derived from such improve-
ment by each of said lots or parcels of real estate,
Local
assessment
districts.
roll.
apportioned.
Roll t be
revised by
council.
Notice of
confirmation
§ 153-SEC. 16. (As Amended 1897.) On the completion of
such assessment rolls by the assessor he shall immediately submit
the same to the common council, who shall have power to revise
the same, and may change the limits of the assessment district,
or the amount of assessment upon any lot or parcel of real estate
therein, or may order a new assessment roll to be made by the
assessor and submit to the common council for approval.
§ 154-SEC. 17. After the said assessment roll has been ap-
to be given. proved by the common council, the recorder shall give notice of
at least ten days by publication in some newspaper printed in
said city, or by handbills posted in at least ten conspicuous
places within the said assessment district, that the common council
will meet on a day and at an hour specified in said notice, to
consider the final confirmation of said assessment roll.
quorum of the common council shall not be present at such meet-
If a
CHAP. XII.]
65
CITY OF MARQUETTE.
ing, or if the revision of such assessment roll cannot. be com-
pleted thereat, it may be adjourned from time to time for that
purpose without further notice.
of roll.
assessments.
§ 155-SEC. 18. (As Amended 1897.) When all needful re- Confirmation
vision and correction of such assessment roll shall have been
made, to the satisfaction of the common council, it shall, by res-
olution, confirm the same. Upon the completion and confirma-
tion of such assessment roll the same shall be presumed by all
courts and tribunals to be regular and valid, and shall be prima
facie evidence of the validity of the assessments therein made
against the persons and property therein named.
Upon
and after the confirmation of such roll each of the seve-
ral assessments therein made shall at once be a personal Lien of
charge against the owner of the real estate against which
such assessment was made and, together with all interest
and legal charges, shall be and remain a lien on such real
estate until the same shall be paid. After the confirmation
of any special assessment for any improvement for which the
city may have a lien on real estate, a written notice of lien upon Notice of lien
the lots or parcels of land, or any of them, on which any recorded.
such lien is claimed, may upon the direction of the common
council, be issued and recorded in the office of the Register of
Deeds for the county of Marquette, which notice may briefly
allege that the city of Marquette claims a lien on such parcel or
parcels of land, describing the same, for such special assessment
and costs, charges, penalties and interest, and shall describe the
improvement for which said assesment was made, which notice
shall be subscribed by the recorder and shall bear the seal of the
city, and shall remain on file in the office of said register. If any
such assessment be not paid when due, the cost of recording such
lien may be added to such assessment and other expenses above
referred to and shall be collected as a part thereof. Upon the
payment of any such assessment, with costs, charges, penalties
may be
to be held
and interest, on any parcel of land, a brief certificate of the dis-Discharge of
charge of such lien shall be issued by the officer receiving such notice of lien.
payment, and the same may be filed in the office of such register
and shall authorize the discharge of such lien upon the record
thereof. It shall be the duty of such register of deeds to file
and record such notice of lien and release, upon the tender to
him of the legal fees therefor. No such assessment, whether when assess-
heretofore made, or hereafter to be made, shall be held invalid ments not
in any court on account of any informality in making the same, invalid.
or on account of the omission of the name of the owner of the
property assessed, or on account of the property having been
assessed in the name of any person other than the owner, or on
account of any other irregularity, informality, or omission, or
want of any matter of form or substance in any proceeding that
does not prejudice the property rights of the person whose
property is assessed. And in any suit or proceeding to enforce
or set aside any such assessment, or to foreclose the lien thereof,
66
[CHAP. XII.
CHARTER OF THE
Reasons for
which assess-
such assessment shall be held invalid only for one of the follow-
ing reasons, viz:
First, That no law authorizes such assessment, or that no
ment may be ordinance of the common council authorizes the same;
held void.
Council may
of expense
by city.
Second, That the person or persons authorized to determine
whether such assessment should be made have acted without
jurisdiction, or have not ordered or made such assessment;
Third, That the person or property so assessed was exempt
from such assessment;
Fourth, That the assessor, or person whose duty it was to
make such assessment, in assessing such property, or in appor-
tioning the moneys to be raised upon such assessment, acted
fraudulently, to the injury of the person objecting thereto.
If such illegality, omission, or fraud affects only a portion of
such assessment, it shall be sustained as to the remainder.
§ 156-SEC. 19. (As Amended 1897.) Whenever the common
direct portion council shall deem it just that a portion of the cost and expense
shall be paid of opening, widening, or improving any street, or of construct-
ing or reconstructing any bridge, culvert, or sewer, should be
paid out of any general funds of the city, or out of money bor-
rowed for municipal purposes, it may, at the time such improve-
ment is determined upon and before any liability therefor has
been incurred, and not afterwards, either by resolution or
ordinance determine what proportion of the entire cost and ex-
penses of such improvement, including the cost of land and
right of way therefor, shall be so paid, and the remainder of
such cost and expense shall be assessed upon the lots and parcels
of land deemed to be benefited thereby as herein provided.
When to be
paid out of
fund.
§ 157-SEC. 20. (As Amended 1893.) Whenever it shall be
general road necessary to take up entirely and lay anew the pavement of any
portion of any street previously paved at the expense of the
owners of the adjacent property or their grantors, or to change
the grade established by the city, of any street which has been
graded at the expense of the owners of the adjacent property or
their grantors, it shall be the duty of the common council to
determine in the ordinance providing for such improvement
what proportion of the entire cost and expense thereof, if any,
shall be paid out of the general funds of the city, or out of
money borrowed for municipal purposes, and the remainder of
such cost and expense shall be assessed upon the lots and parcel's
of land on the portion of the streets so improved, proportioned
according to the respective benefits thereto, as near as may be,
in the manner provided in this chapter for the assessment and
collection of the cost and expense of other local improvements.
In case of
invalid
assessment.
§ 158-SEC. 21. Whenever any special assessment for the
improvement of a street or for any other public work shall, in
the opinion of the common council, be invalid, said council may
vacate and set the same aside; and when any such special assess-
ment shall be so vacated, or shall be held invalid by the judg-
ment or decree of any court of competent jurisdiction, said
council may cause a new special assessment to be made for the
CHAP. XII.]
67
CITY OF MARQUETTE.
Such new
purpose for which the original assessment was made.
assessment shall be made in the manner provided for making
original assessments of like nature in force at the time when
such assessment shall be made. And whenever the tax of [or]
any part thereof, assessed upon any lot or parcel of real estate
by the original assessment set aside or held invalid as aforesaid,
has been paid, and shall not have been refunded, it shall be the
duty of the receiver of taxes to apply said payment upon the
re-assessment on said lot or parcel and to make a minute there-
of upon the new assessment roll, and such re-assessment shall,
to the extent of such payment, be deemed paid and satisfied.
All the provisions of the charter making special assessments a
lien upon the lots and parcels of real estate embraced therein,
and also those relating to the collection of special assessments,
shall apply to re-assessments made under this section. The pro-
vision of this section shall apply to special assessments hereto-
fore made by the common council of the village of Marquette,
as well as to those which shall hereafter be made.
special
Suit may be
§ 159 SEC. 22. (As Amended 1897.) The common council Collection of
shall have power to provide by general ordinances for the col- assessments.
lection of all special assessments, by distress and sale of the
personal property of the person liable to pay such assessments,
wherever the same may be found within the county of Marquette,
and in case no such personal property be found, by a sale of the
real estate on which such assessment is levied: Provided, That
the common council may, in the case of any special assessment, brought.
direct a suit to be commenced and prosecuted in the name of the
of the city, in a court of competent jurisdiction, for the re-
covery thereof; and in such case an action of debt or assumpsit
may be maintained thereon, and the several courts of this State
shall have and exercise jurisdiction thereof, in the same manner
and to the same extent as in the case of suits between individuals;
but the institution and prosecution of such suit shall not in any
case be deemed a waiver by the city of its lien upon the real es-
tate for such assessment; And provided further, That the chancery
common council may by resolution or ordinance direct a suit to
be instituted in the circuit court for the county of Marquette,
in chancery, for the enforcement and foreclosure of the lien of
any such assessment or assessments that may be delinquent,
whether heretofore made, or hereafter to be made. Such suit
shall be in the name of the City of Marquette, and any or all
owners and other persons interested in any or all of the real
estate embraced in any one assessment roll, on which such assess-
ments shall be delinquent, may be joined as parties defendant to
such suit. In any bill filed for the commencement of such suit,
it shall be a sufficient allegation of such assessment to set forth Allegations
that the several parcels of real estate, describing them, have
been duly assessed for a local improvement, pursuant to law
and an ordinance or ordinances enacted by the common council
of the city of Marquette, setting forth the nature of the im-
provement and the amount of the assessment upon each parcel
foreclosure.
of bill.
68
[CHAP. XII.
CHARTER OF THE
Decree.
Costs, how
taxed.
Sales.
of real estate embraced in such bill. Such bill shall set forth
that such assessments are due and remain unpaid, and shall state
the name of the owner of each parcel, according to the best
information of the complainant, and the name of any other
Subsequent person who may be known to be interested therein. All sub-
proceedings. sequent proceedings in such suit shall be in accordance with the
established practice of courts of chancery for the foreclosure of
mortgage or other liens on real estate. The decree of the court
shall specify the amount of lien against each parcel of real es-
tate, shall order the payment thereof within some short reason-
able time to be fixed by the court, and the sale of such parcels
as shall not be paid within the time so fixed, or so much thereof
as shall be sufficient to raise the amount decreed against the same
respectively, with interest, costs and expenses of sale, and
which may be sold separately without material injury to the in-
terests of the owner. The cost of such suit shall be taxed
against the several parcels of real estate, and the owners thereof,
and such costs as shall be properly taxable to all shall be ap-
portioned equally among the several parcels. In all other re-
spects the decree shall be substantially the same as an ordinary
decree for the foreclosure of a mortgage or other lien, and the
sales thereunder shall be made in the same manner and upon the
same notice as is required for other sales under chancery decrees
in this State, and the expenses of sale shall be equally divided
among the several parcels advertised for sale under the decree.
If any parcel of real estate shall fail to sell for sufficient to pay
the amount decreed against the same, with interest, costs and
expense of sale, said city shall be entitled to a decree for the
deficiency thereof against the person or persons personally liable
therefor and an execution to collect the same. The officer mak-
ing such sales shall give conveyance and make report as required
by law and the practice of the court; and the practice as to
filing exceptions thereto, and confirmation of such sale, shall be
in accordance with the usual practice of the court in case of sales
under foreclosure decrees. No sale shall be made on any such
decree until after the expiration of one year from the commence
ment of such suit. The City of Marquette shall have power to
become the purchaser on any such sale, or on any sale of real
estate that may be made under the provisions of this charter or
the ordinances of said city, for such assessments. All sales made
under any such decree shall become absolute on the confirma-
tion thereof, and the purchaser shall be entitled to a writ of as-
sistance to obtain possession of the property purchased, as in
case of sales under foreclosures of mortgages.
Decree for
deficiency.
Deed and
report.
City may
purchase.
Writs of
assistance.
Railroads to
maintain
street cross-
ings, etc.
§ 160 SEC. 23. Every person, co-partnership, or corpora-
tion owning or operating any railroad, crossing any of the
streets of said city, shall provide and maintain suitable cross-
ings; and whenever in crossing any street any cut or excavation
shall be made, such person, co-partnership, or corporation shall
build and keep in repair in such manner as shall be approved by
the common council, a good, strong and substantial double track
CHAP. XII.]
69
CITY OF MARQUETTE.
bridge and shall repair strengthen or rebuild the same whenever
ordered by the common council; and if any such person co-
partnership, or corporation shall neglect or refuse to construct,
repair, strengthen, or rebuild any such bridge in the manner and
within such time as the common council shall direct, it shall be
lawful for said common council to procure the same to be done
by contract in the same manner as in the case of street or other
improvements, and may assess the expenses thereof, together
with costs of collection upon the persons, co-partnership or cor-
poration owning or operating said railroad as aforesaid, to be
collected in the manner provided by the ordinances for collect-
ing special assessments: Provided, The common council may, Proviso.
if they shall deem it preferable, fill up such excavation and
assess the expenses thereof as aforesaid.
§ 161-SEC. 24. (As Amended 1893.) There shall be annually Dog taxes.
levied and collected in said city the following tax upon dogs,
viz.: Upon every male dog owned and kept by any person or
family within said city, one dollar and fifty cents; upon every
female dog owned and kept by any person or family; three
dollars, and every person harboring any dog or dogs, or per- who deemed
mitting the same to be and remain about his premises or dwelling, owners of
or any other lot, barn or premises used or occupied by him or dogs.
her, shall be deemed the owners of such dog or dogs within the
meaning of this act.
make list, etc.
cate with
to marshal
§ 162-SEC. 25. (As Amended 1893.) The controller of said Controller to
city at the time of making his annual assessment roll shall inquire
and ascertain the number of dogs liable to be taxed in said city
and shall enter in a list to be made by him the name of every
person in said city owning, keeping or harboring any dog sub-
ject to tax, the number kept by such person, the sex of such
dogs and the amount of tax to be paid by such person. The
controller of said city shall, on or before the first day of July in To file dupli-
each year, make out and file with the recorder a duplicate of said. recorder.
dog tax list as made by him under the provisions of this chapter,
and shall deliver the said list to the marshal of said city with his To deliver list
warrant annexed thereto, authorizing and directing the city with warrant.
marshal to demand and collect from any person named in said
list the amount of such taxes; and the said marshal shall have
the same power to distrain and sell any personal property of the Duty of
owner or owners of said dogs liable to be taxed as is possessed by
the city treasurer in the collection of city taxes upon personal
property. The marshal of said city shall be charged with said taxes Marshal to be
upon the books of the controller and shall within thirty days taxes.
next after said list and warrant is received, demand and re-
ceive from every person named in said list the amount of such
tax, and upon the refusal of any person named in said list to
pay
said tax to levy and collect the same by distress and sale of the
personal property of such person as herein provided.
marshal.
charged with
To collect.
The owner or keeper of any dog or dogs not entered on said Further
list by the controller may apply to the marshal while said list is Entries.
in his hands, and have entry thereof made by the marshal there-
70
[CHAP. XII.
CHARTER OF THE
1
To notify
controller.
Marshal to
treasurer.
in, and the marshal shall also make entries on said list of all
matters required herein to be made by the controller, but
omitted by him, which shall come to the knowledge of the mar-
shal, and all entries herein authorized to be made by the marshal
shall have the like effect as if originally entered upon said list
by the controller, and when so made the marshal shall forthwith
cause the like entry thereof to be made upon the duplicate of
said list on file with the recorder and notify the controller
thereof.
§ 163-SEC. 26. (As Amended 1893.) The marshal shall
pay taxes to within the time limited in said warrant pay over to the city
treasurer the amount of the tax as mentioned in said list, and
take duplicate receipts thereof from the city treasurer and attach
one of the same to said tax list and return the the same to the
office of the treasurer, whose duty it shall be to file and preserve
the same, and entries therein may be made in the same manner
by the treasurer as is herein provided may be made by the mar-
shal with the like effect, which entry shall be forthwith reported
by the treasurer to the recorder, and shall be entered upon the
said duplicate list. The treasurer shall receive and receipt for
any taxes on said list remaining unpaid or entered thereon by
him, which collection shall be reported by him to the controller,
and the common council may direct the collection of any such
taxes remaining unpaid, by any appropriate action, and may
punish for the keeping or harboring of any dog or dogs upon
which said tax has not been paid.
Treasurer
may receive
taxes.
Punishment
for keeping
untaxed dogs.
Marshal
liable, etc.
Recorder to
§ 164-SEC. 27. (As Amended 1893.) The marshal shall be
personally liable to the city for the whole amount of the taxes
mentioned in said lists, excepting such portion thereof as upon
a showing of the reasons of his inability to collect he shall be re-
lieved thereof by the city council. The recorder shall annually
procure tags. in proper time procure at the expense of the city at least the
number of tags that the lists mentioned in this act shall show to
be the number of dogs in said city liable to taxation. The said
tags shall be of brass or iron, shall be one inch in diameter and
shall be numbered consecutively, and shall have upon one side
thereof the words, "Marquette dog tax," with the proper year,
and upon the other side the number of the license hereafter
provided for.
Tags.
Marshal to
To be
§ 165-SEC. 28. (As Amended 1893.) It shall be the duty
give receipts. of the marshal, upon payment of any such dog tax to him, to
deliver to the person or persons paying the same, a receipt there-
for, showing the amount of such tax paid, and the number and
sex of the dog or dogs upon which it is paid. Upon receiving
presented to such receipt it shall be the duty of the person receiving the same
to present the same to the recorder, whose duty it shall be to
note in the duplicate list of dog taxes in his office, the payment
of said taxes and date and amount thereof, and shall deliver to
the person receiving such receipt one of said tags, numbered in
its order, for each dog upon which tax is paid, and shall counter-
sign and return said receipt to such person. It shall be the
recorder, etc.
Duty of
recorder.
CHAP. XII.]
71
CITY OF MARQUETTE.
1
1
attached to
duty of the person receiving such tag or tags and the owner of Tags to be
every dog in said city, to cause one of said tags to be securely dogs.
fastened to or about the neck of each dog owned, kept or har-
bored by such person, by a proper collar of leather, brass, steel,
nickel, iron or other proper material, and kept thereon until the
first day of July next thereafter, and no longer; and in case of
the loss of any such tag, it shall be necessary for such owner or In case of loss
keeper to file an affidavit of such loss with the recorder, and
procure from him a duplicate of said tag and pay therefor a fee
of fifty cents to said recorder, who shall enter on said duplicate
list the fact and date of the issue of said duplicate tag, and shall
pay over said fee to the treasurer and report the same to the
controller.
of tags.
dogs.
§ 166-SEC. 29. (As Amended 1893.) Any dog running at Killing of
large, without such collar having one of such tags attached there-
to, shall be deemed and is hereby declared to be a public nuisance
and may be killed and destroyed by the marshal or any police
officer or nightwatchman of said city, and it is hereby made the
duty of the marshal and the police and nightwatchman of said
city to kill and destroy all such dogs: Provided, The provisions Proviso.
of this section shall not apply to dogs owned by or in charge of
non-residents of said city, temporarily sojourning therein, when
accompanied by their owners or custodians.
animals may
§ 167-SEC. 30. (As Amended 1893.) Any person may kill Dogs worry-
any dog that he may see chasing, killing or wounding any sheep, ing domestic
lamb, swine, cattle or other domestic animal out of the enclosure be killed.
of the owner or keeper, unless the same is done under the direc-
tion of the owner or keeper, or any dog that may suddenly
assault such person while peaceably walking or driving any-
where outside the enclosure or premises of the owners of such
dog.
liable for
§ 168-SEC. 31. (As Amended 1893.) The owner or keeper Owner of
of any dog or dogs shall be liable in an action of trespass on the injury.
case for any damage or injury to any person or domestic animal
by such dog owned or kept by him, and in such action it shall
not be necessary to a recovery to prove the owner or keeper of any
such dog had knowledge of the vicious character of such dog, or
was accustomed to bite, worry or chase any person or domestic
animal, or any team, horse, sleigh, wagon, or other vehicle
outside the enclosure of the owner or keeper.
vicious dogs,
prohibited,
§ 169--SEC. 32. (New 1893.) No person shall keep, harbor Keeping of
or maintain on or about his or her dwelling, barn or other
premises any dog accustomed to biting or chasing persons or etc.
domestic animals, or known to have bitten, chased or worried
any person or domestic animal not the property of such owner
or keeper, and the owner or keeper shall within forty-eight
hours after receiving notice in writing of the vicious character
of such dog cause such dog to be killed.
§ 170 SEC, 33. (New 1893.) No female dog shall, while in Running at
heat, be permitted or allowed to run at large in any place within large, etc., of
said city, and during such period of heat such female dog shall
female dogs.
1

72
[CHAP. XII.
CHARTER OF THE
Spurious tags.
be securely chained up within some building or enclosure in such
manner that such female dog cannot be seen from any public
ground, space, lane or alley within said city, nor from the doors
or windows or any public school or building, nor from the doors
or windows of any dwelling or building within said city.
§ 171-SEC. 34. (New 1893.) No person shall cause or per-
mit any tag made in imitation of the tag mentioned in this act,
or similar in size, shape and material thereto, or any tag issued
to another person or for the tax on any other dog, to be attached
to or worn by any dog in his possession or under his control.
§ 172-SEC. 35. (New 1893.)
(New 1893.) Any person violating any of
this chapter. the provisions of this chapter shall be guilty of misdemeanor
and on conviction thereof shall be sentenced to pay a fine of not
less than ten nor more than one hundred dollars, and be im-
prisoned in the city or county jail not exceeding ninety days or
both at the discretion of the court.

Violation of
how
punished.
Fines, etc.
Collection of
special
on general
tax roll.
Controller
to levy.
§ 173-SEC. 36. (New 1893.) The fines, forfeitures, penalties,
fees and taxes prescribed and levied and collected under this act
shall belong to the contingent fund of said city.
§ 174-SEC. 37. (New 1897.) After any special assess-
assessments ment, heretofore or hereafter made, has become payable the
common council may at any time direct that any or all of
the assessments unpaid thereon, and the costs, charges, penalties
and interest thereon, shall be collected on the general tax roll.
The controller shall levy the amount of such assessments and ac-
crued costs, charges, penalties and interest, to be computed by
him, upon the respective lots and premises against which such
assessments were originally made and against the persons charge
able therewith, as a tax in the assessment and tax rolls next
thereafter to be made, in a column or columns for special assess-
Collection on ments; and thereupon the amount so levied in said rolls shall be
roll.
Sums collect-
ed to be
collected and enforced with the other taxes in said rolls and
shall be returned to the county treasurer and auditor general if
delinquent in the same manner; and subsequent proceedings
shall be had and sales made and deeds given therefor by the
auditor general, the same as on and for sales for other delin-
quent taxes, with the same force and effect; and said taxes shall
continue to be a lien upon the premises assessed until paid.
§ 175-SEC. 38. (New 1897.) All sums collected for such
to city paid special assessment on any such tax roll, including redemptions
and proceeds of sales, less lawful expenses of collection, shall
be accounted for and paid to said city as other local taxes col-
lected on any such rolls.
Collection of
special
assessment
otherwise
than on
general tax
roll.
§ 176 SEC. 39. (New 1897.) Until the common council
shall direct the collection of any special assessment on the gen-
eral tax roll, and until the same has been levied thereon, collec-
tion of the same shall be proceeded with and enforced in such
manner as is or may be provided by the charter and ordinances
of the city; and when any such special assessments shall be
levied on any general tax roll, entry of that fact and of the
1
邮
​1
CHAP. XIII.]
73
CITY OF MARQUETTE.
year's roll on which the same is levied, shall be made on the
special assessment roll on which such assessment was made.
§ 177 SEC. 2. (Act of 1897.) All acts and parts of acts Repeal.
contravening the provisions of this act are hereby repealed.
CHAPTER XIII.
COMPENSATION AND DUTIES OF OFFICERS.
7
f
§ 178-SEC. 1. (As Amended 1893.) The officers of said cor- Mayor.
poration shall be entitled to receive out of the city treasury
f
1
I
+
officers.
marshal.
the following sums in full payment for their services: the mayor
shall not be entitled to receive any compensation; the controller, Appointed
recorder, marshal, city attorney, street commissioner, health
officer, park commissioner, cemetery commissioner, harbor-
master, city engineer and other officers whose compensation is
not herein otherwise provided for shall be entitled to receive
respectively such sums as the common council may allow, and
the marshal shall be entitled to receive the same fees for serving Fees to
process in behalf of the corporation as constables are allowed
for similar services, the treasurer, justices of the peace, and con-
stables shall be allowed the same fees as are by law allowed to
corresponding officers, unless in this act otherwise provided; the
aldermen shall not be allowed to receive more than one dollar Aldermen.
each in any year as compensation for their services, except
when acting upon the board of registration and board of elec-
tion, for which services they shall receive as follows: For ser-
vices upon the board of registration, three dollars per day; and
for services upon the board of election, five dollars for each
election. Supervisors and persons other than aldermen serving Flection
on either of said boards shall receive the same pay as herein
provided for aldermen. Clerks of election shall receive five
dollars for each election. Gatekeepers and other officers of elec-
tion whose compensation is not herein otherwise provided for
shall receive three dollars for each election.
officers.
§ 179 SEC. 2. The supervisors of said city, as herein before Supervisors.
provided, shall receive such compensation for their services,
while actually employed in their duty as supervisors, excepting
when employed as members of the board of supervisors, the same
sum as supervisors performing like duties in townships are, or
may be hereafter, allowed by law, which compensation shall be
audited and paid by the common council of said city.
§ 180-SEC. 3. (As Amended 1893.) The mayor shall be Mayor on
ex officio a member of the board of water and fire commissioners water board.
of said city, but without compensation.
§ 181-SEC. 4. Before [for] the collection of all taxes, the collection
city treasurer or other person appointed to collect the same, fees.
shall be entitled to receive such percentage as is, or shall be,
prescribed by law for township treasurers, and may be added
by him to the taxes in like manner as township treasurers are or
รา
74
[CHAP. XIV.
CHARTER OF THE
may hereafter be authorized to add the same, and for the collec-
tion of all special assessments, the said treasurer or other person
appointed to collect the same shall be entitled to receive such
percentage as the common council shall by general ordinance
prescribe, to be added and collected in the same manner as
special assessments.
1
Power to
administer
oaths.
When guilty
of perjury.
Double costs
in certain
cases.
Duties of
standing
committees.
Meetings of
council.
Suits to be in
corporate
name of city.
Proviso.
CHAPTER XIV.
MISCELLANEOUS PROVISIONS.
§ 182-SEC. 1. The chairman of any committee or special
committee of the common council shall have power to administer
any oath or take any affidavit in respect to any matter pending
before the common council or such committee.
§ 183-SEC. 2. Any person who may be required to take any
oath or affirmation under or by virtue of any provision of this
act, who shall, under such oath or affirmation, in any statement
of [or] affidavit, or otherwise, willfully swear falsely as to any
material fact or matter shall be guilty of perjury.
§ 184-SEC. 3. If any suit shall be commenced against any
person elected or appointed under this act to any office, for any
act done or omitted to be done under such election or appoint-
ment, or against any person for having done any thing or act
by the command of such officer, and if final judgment be render-
ed in such suit, whereby any such defendant shall be entitled to
costs, he shall recover double costs in the manner defined by
law, and no court shall have jurisdiction of any such action
while such person remains a resident of said city, except a court
within such municipality, or the circuit court for the county of
Marquette.
§ 185-SEC. 4. The duties of standing committees shall be
prescribed by general ordinance. Such committees shall have
power to subpoena witnesses, to compel their attendance, and
production of the necessary papers in all examinations pending
before them; and to that end the common council may prescribe
and regulate the necessary proceedings and confer upon the mar-
shal or other officers of the corporation all needful powers for
the purposes aforesaid.
§ 186-SEC. 5. The common council shall hold regular ses-
sions at such times and places as they shall by ordinance or by
resolution direct, and may adjourn regular sessions from time to
time as may be deemed expedient; and they may hold special
sessions and adjourn the same in the same manner as regular
sessions, and they may provide for calling special sessions other-
wise than as herein provided.
§ 187-SEC. 6. All suits by or against said city shall be in
the corporate name thereof, and all process or other papers in
any such suits against said city, shall be served by leaving a
Provid-
thereof with the mayor or recorder of said city:
copy
ed, That after said city shall have appeared in such suit by at-
CHAP XIV.]
75
CITY OF MARQUETTE.
torney, all subsequent notices and papers therein shall be served
on such attorney, as in other cases.
§ 188 SEC. 7. The supervisors of the several wards shall in Jury lists.
each year, at the session of the board of review for the correc-
tion of the assessment roll, select from the names of residents of
their respective wards, appearing on said assessment roll, the
same number of persons qualified to serve as jurors in courts of
record, and return the same to the county clerk in the same
manner as supervisors of townships are or may be required by
law to do, and with like effect.
of township.
§ 189 SEC. 8. The said city shall have its just proportion of of debts, etc.,
the present indebtedness of the township of Marquette, to be
determined by the township board of said township, and the
common council of said city, in the same manner as claims be-
tween townships are adjusted in similar cases, and shall have its
share of the property of the said township, to be divided in a
like manner.
vested in city.
§ 190-SEC. 9. All property, real, personal and mixed, and All property
rights of property in law or in equity, and all debts, fines, pen-
alties, 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 city of Marquette, or to the inhabitants of the said city in
the corporate capacity, shall be and the same are hereby declared
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 maintain-
ed by said corporation in its own name, or in any other lawful
manner, and all actions that may be pending between the com-
mon council of the city of Marquette and any person or persons,
at the time when this act shall take effect, may be prosecuted to
final judgment without abatement or delay in the same manner
as if this act had not been passed, except that in all proceedings
subsequent to this act the corporate name of said city shall be
substituted therein for that of the common council of the city
of Marquette.
ordinances to
§ 191-SEC. 10. All ordinances, by-laws, regulations, reso- Present
lutions and rules of the common council of the city of Mar- continue.
quette now in force and not inconsistent with this act shall
remain in force until altered, amended or repealed by the
common council under this act and after the same shall take
effect.
of city.
§ 192-SEC. 11. (As Amended 1893). The corporation created by To pay debts
this act shall pay and discharge all the debts, obligations, contracts
and liabilities of the city of Marquette; and suits may be brought
and prosecuted thereon in the same manner, either in law or
equity, and with the same effect as they could be brought or pros-
ecuted against the common council of the city of Marquette, if this
act had not been passed; and the action of the common council in
executing a certain lease to the Marquette Valley Milling Com- pany lease.
pany, bearing date September second, eighteen hundred and
Milling Com-
76
[CHAP. XIV.
CHARTER OF THE
Owners of
property
liable for
damages in
certain cases.
Proviso.
Other powers,
etc.
Acts repealed
Of former
acts, etc.
ninety-one, is hereby ratified, and the said lease validated and
declared binding upon the said city.
§ 193-SEC. 12. Whenever an action shall have been main-
tained, and judgment recovered against said city by any person
on account of damages sustained by reason of any defective
sidewalk, or opening in the same occasioned by the wrong or
negligence of the owner or occupant of the premises in front of
which the sidewalk shall be, or on account of any excavation in
the streets by any gas, hydraulic or railroad company, or by
any other corporation, or by any person or persons, and such
owner, occupant, or company, or persons, shall have been reas-
onably notified to appear and defend said action.
The judg-
ment, if any, obtained against said city, shall be conclusive as
to the amount of damages and the validity of the claim of the
city against such owner, occupant or company, or in any other
proper form of action: Provided, That no person or corpora-
tion shall be liable, as provided in this section, to the city on
account of failure to keep any sidewalk in repair, unless such
person or corporation shall have received at least twenty-four
hours' notice to repair or correct the defect complained of,
which occasioned the injury for which damages were recovered
against the city.
§ 194-SEC. 13. The common council of said city is hereby
authorized and required to perform the same duties in and for
said city as are by law imposed upon township boards of the
several townships of this State in reference to all matters not
herein otherwise provided for; and the city clerk or his deputy
shall perform all the duties of township clerk or which township
clerks are authorized to perform, that are necessary to be per-
formed in said city, and not otherwise herein provided.
§ 195-SEC. 14. All former acts and parts of acts relating to
the City of Marquette, which are repugnant to this act are here-
by repealed, but nothing herein contained shall be construed
to destroy, impair or take away any right or remedy acquired
or given by any act hereby repealed; and all proceedings com-
proceedings, menced under any such former act shall be carried out and com-
pleted in the same manner, as near as may be, as provided in
such former act or acts; and all claim or interest of the city in
lands heretofore sold to, or bid in by the City of Marquette for
delinquent taxes assessed in said city, may be sold and conveyed
by the recorder of the city in the same manner that the same
might have been sold and conveyed by the recorder of said city
had not this act been passed, and with like effect; and any pur-
chaser of lands sold for taxes in said city shall, if the lands so
purchased is not redeemed as provided in said act or acts, be en-
titled to a deed from the recorder of the city, in pursuance of
the powers herein conferred, shall be as valid and effectual as
though the same had been executed by the recorder of the City
of Marquette, under and in pursuance of the powers conferred
upon said recorder of said city.
CHAP. XIV.]
77
CITY OF MARQUETTE.
etc., to be en-
§ 196 SEC. 15. All prosecutions for any offense committed, Prosecutions,
or penalty or forfeiture incurred, shall be enforced in the same forced. etc.
manner in all respects and with the same effect, as if this act had
not been passed.
prescribe etc.
§ 197-SEC. 16. In all cases in which any power is conferred Council shall
by this act upon the common council of the city, or upon any
officer mentioned herein, and the manner of exercising or en-
forcing such power is not herein pointed out, or sufficiently and
accurately described, the common council may prescribe the
manner of exercising and enforcing all such powers, and may
pass such ordinances in relation to all such matters and things
not inconsistent with the constitution of the United States and of
this State as they may deem proper.
board con-
§ 198-SEC. 17. The board of water and fire commissioners Certain
of the City of Marquette, created by Act number two hundred tinued, etc.
and forty-three of the session laws of eighteen hundred and
sixty-nine, is hereby continued in existence under the name of
the "Board of fire and water commissioners of the City of Mar-
quette," with all the powers conferred and all the duties pre-
scribed by said act; and all the duties by said act devolved up-
on the president of the village of Marquette are hereby directed
to be performed by the mayor of the City of Marquette; and
the common council of the City of Marquette shall possess all
powers, and perform all duties, by said act conferred upon or
prescribed to the common council of said village, and said act is
hereby declared to be of force in the city of Marquette, hereby
created in the same manner, and to the same effect, as though
the word "city" was used in lieu of the word "village" in said
act, and said board shall possess and exercise the powers given
them by said act, to be possessed and exercised in said village of
Marquette, throughout and in all parts of the city hereby
created.
§ 199-SEC. 18. This act shall be deemed a public act, and Public act.
shall be favorably construed in all courts and places whatsoever.
be held
nated.
§ 200-SEC. 19. If for any reason any place designated by Election may
this act as the place for holding the first election herein provided the that
for or designated by the common council for any subsequent place desig-
election, cannot be used for such purpose, the electors of the
ward who are assembled at such place at the hour for opening
the polls may adjourn thence to any other proper place in the
same ward, and may there meet and hold such election: Pro- Proviso.
vided, That some person of suitable age shall be left at such first
mentioned place, whose duty it shall be to notify all electors
coming there of the place to which said polls have been ad-
journed.
present
mayr for
approval.
§ 201-SEC. 20. (As Amended 1898.) On the same day. or Recorder to
on the week day next following the passage of any ordinance, the ordinance to
recorder shall present the same to the mayor or other person per-
forming the duties of the mayor, for his approval. No ordinance
shall be of any force without the written approval of the mayor
or other person performing for the time-being the duties of his
78
[CHAP. XIV.
CHARTER OF THE
To certify to
the time of
presenting
same.
Revived
ordinance to
office. unless he omit to return it to the recorder with his objec-
tions thereto, within three days, Sundays excepted, after its pres-
entation to him, in which case it shall be deemed regularly enacted.
If after the return of the ordinance, with the objections thereto as
aforesaid, the same shall be passed or re-enacted by a vote of
two-thirds of all the aldermen in office the ordinance shall be
deemed regularly enacted, and the time of its re-enactment shall
be deemed to be the time of its passage.
§ 202-SEC. 21. (As Amended 1893.) At the time of pre-
senting any ordinance to the mayor, or other person perform-
ing the duties of mayor, for his approval, the recorder shall
certify thereon, and also in the journal or record of the pro-
ceedings of the council, the time when the same was so presented,
and shall also certify thereon, and in such journal or record, the
time of the return of such ordinance, and whether approved or
with objections, and shall at the next meeting of the council re-
port any ordinance returned with objections thereto.
§ 203-SEC. 22. (As Amended 1893.) No ordinance shall be
be re-enacted. revived unless the whole or so many as is intended to be revived,
shall be re-enacted. When any section of an ordinance is amended,
the whole section, as amended, shall be re-enacted.
Approved
ordinances to
§ 204-SEC. 23. (As Amended 1893.) All ordinances, when
be recorded. approved by the mayor, or when regularly enacted, shall be im-
mediately recorded by the recorder in a book called "The record
of ordinances," and it shall be the duty of the mayor and the
recorder to authenticate the same by their official signatures upon
such record.
To be pub-
lished in
newspaper.
Limits of
school dis-
one.
Annual
§ 205-SEC. 24. (As Amended 1893.) Within one week after
the approval or re-enactment of any ordinance the same shall
be published in some newspaper printed and circulated within
the city, and the recorder shall immediately after such publica-
tion, or the last publication of any ordinance requiring more
than one publication, enter on the record of ordinances, in a
blank space to be left for such purpose under the recorded or-
dinance, a certificate stating in what newspaper and of what date
or dates such publication was made, and sign the same officially,
and such certificate shall be prima facie evidence of the legal
publication of such ordinance being made.
OF SCHOOL ELECTIONS.
§ 206-SEC. 25. (New 1895.) The limits of school district
trict number number one of the city of Marquette shall be co-extensive with
the boundaries of the city. There shall be held a regular annual
election of school trustees in said district on the first Monday
Such annual election of school
of September of each year.
trustees, as above provided, shall be held at such place in said
The polls
city as the board of school trustees shall designate.
shall be open at nine o'clock in the forenoon and shall continue
open without intermission or adjournment until the hour of eight
o'clock in the afternoon, at which time they shall be finally
election of
school
trustees,
when held.
Polls.
+
CHAP. XIV.]
79
CITY OF MARQUETTE.
|
closed. Said election shall be by ballot, and shall, except as
herein otherwise directed, be conducted in all respects in the
manner provided by law for conducting the election of officers
in graded school districts. Notices of the time and place of Notice.
holding such election shall be given by the secretary of the
board, at least ten days before said election, by posting such
notices in three of the most public places in each ward of the
city, and by publishing a copy thereof in one or more news-
papers published in the city, the same length of time before
the election.
Oath.
(a) The president and secretary of the board of school trus- Board of
tees, and one other trustee, to be designated by the board, inspectors.
shall constitute a board of inspectors of such election, and if
any of said three trustees shall not be present at the time of
the opening of the polls or remain in attendance. the electors
present may choose viva voce such number of such electors as
with the trustee or trustees present shall constitute a board of
three inspectors of such election. Each of said inspectors shall
take the required oath to faithfully perform the duties of
inspector of such election. The president of the board shall
be chairman of the board of inspectors. In his absence the
inspectors shall elect one of their number as such chairman.
Every person shall be entitled to vote at such election who is
a qualified voter of the city or qualified by the laws of the entitled to
State to vote at any election for school officers. The board of
inspectors shall have the same authority and powers in main-
taining and enforcing order and obedience to their lawful com-
mands at such elections and during the canvass of the votes as
are conferred by the general laws of the State upon school
officers in similar cases.
Who shall be
vote.
make poll
(b) The board of inspectors shall make a poll list of the Board to
names of persons voting at such election. They shall also list.
have the right of access to the registration books of the several
wards of the city, if they deem it necessary, and for that pur-
pose they may require the city clerk to attend said election with
such registers.
cast and for
sign state-
(c) When said polls shall be finally closed, the board of Board to pub-
licly count
inspectors shall immediately proceed publicly to count, deter- and declare
mine and declare the number of votes cast and for whom, and number votes
shall, on the same or the next succeeding day, make up and whom.
sign a statement in writing, showing the whole number of
votes cast, and the number votes cast for each person for To make and
whom votes were cast, which statement shall be signed by the ments.
inspectors, and together with the minutes and other papers of
the election, shall be filed with the secretary of the board of
school trustees. The person or persons who shall have received The person
the highest number of votes for such office of trustee for the highest
several terms designated upon the ballot shall be declared elected, votes cast to
and if two or more persons shall have received an equal number be declared
of votes where only one trustee is to be elected, said inspectors
shall choose one of such persons by lot, as such trustee. The
number of
elected.
80
[CHAP. XIV.
CHARTER OF THE CITY OF MARQUETTE.
returned to
box, locked,
sealed, and
deposited
with secre-
Ballots to be ballots shall, when the vote shall have been declared, be returned
to the box, and the box be locked and sealed and deposited with
the secretary at the time of the filing of said statement. Every
person so declared elected to the office of school trustee, under
the provisions of this act shall, within ten days after such elec-
tion, qualify by taking and subscribing the required oath of
office and filing the same with the secretary of the board of
school trustees.
tary.
Oath.
Compensa-
tion and
expenses to
(d) The board of school trustees shall pay all the expenses of
such election from the contingent fund of the district, and shall
be paid from allow each inspector of election the same compensation as is
allowed to inspectors at city elections.
contingent
fund.
General
school law to
(e) When not otherwise provided in this act the general school
govern when law of the State shall govern in regard to all matters pertaining
not otherwise to'said school district.
provided for.
NOTE.—Qualification of Electors at School Elections: Secs. 17 and 18 of
Chap. 2, Act No. 164, Laws 1881, amended by Act No. 15 and Act No.
258, Laws of 1895, are as follows:
SEC. 17. (In effect Aug. 31, 1895.) Every citizen of the age of twenty-
one years, who has property assessed for school taxes in any school
district, and who has resided therein three months next preceding any
school meeting held in said district, or who has resided three months
next preceding such meeting on any territory belonging to such dis-
trict at the time of holding said meeting, shall be a qualified voter in
said meeting upon all questions, and all other citizens who are twenty-
one years of age, and are the parents or legal guardians of any children
included in the school census of the district, and who have for three
months as aforesaid, been residents of said district or upon any terri-
tory belonging thereto at the time of holding any school meeting, shall
be entitled to vote on all questions arising in said district, which do
not directly involve the raising of money by tax.
SEC. 18. If any person offering to vote at a school district meeting
shall be challenged as unqualified by any legal voter in such district,
the chairman presiding at such meeting shall declare to the person
challenged the qualifications of a voter; and if such person shall state
that he is qualified, and the challenge shall not be withdrawn, the
the chairman shall tender to him an oath, in substance as follows:
"You do swear (or affirm) that you are a citizen of the United States,
that you have been for the last three months an actual resident of this
school district, or residing upon territory now attached to this school
district, and that you pay a school district tax therein;" and every per-
son taking this oath shall be permitted to vote upon all questions
proposed as such meetings Or he may take the following oath, to-wit:
"You do swear (or affirm) that you are a citizen of the United States,
that you have been for the last three months an actual resident of
this school district, or residing upon property now attached to this
school district, and that you are the parent or legal guardian of one or
more children now included in the school census of the district;" and
he may vote upon all questions which do not directly involve the rais-
ing of money by tax. If any person so challenged shall refuse to take
such oath, his vote shall be rejected; and any person who shall will-
fully take a false oath, or make a false affirmation, under the pro-
yisions of this section, shall be deemed guilty of perjury. When any
question is taken in any other way than by ballot, a challenge im-
mediately after the vote has been taken shall be deemed to be made
when offering the vote, and treated in the same manner.
FIRE AND WATER COMMISSION.
81
PROVISIONS OF LAW
RELATIVE TO THE
Board of Fire and Water Commissioners
1
OF THE
CITY OF MARQUETTE.
Being Act No. 243, Laws of 1869, as amended by Act No.
297, Local Acts of 1875; and Act No. 240, Local Acts of 1891;
with references to modifying provisions of the city charter.
[ACT No. 243, LAWS 1869.]
AN ACT to create a board of water commissioners in the village
of Marquette, and to define its powers and duties.
ers created.
§ 207-SEC. 1. The People of the State of Michigan enact, Board of
That Joseph W. Edwards. Peter White, Hiram A. Burt, Samuel commission-
P. Ely, and William L. Wetmore, and their successors in office,
be and they are hereby named and constituted a board of water
and fire commissioners of the village of Marquette, in the county
of Marquette, who shall be known by the name and style of the
"Board of Water and Fire Commissioners of the village of Mar-
quette," and by that name shall have power to contract, sue and Corporate
be sued, to purchase, hold and convey personal and real estate, powers.
to have a common seal, to alter and change the same at pleas-
ure, to make by-laws and ordinances, and to do all legal acts
which may be necessary and proper to carry out the effect, in-
tent and object of this act. [See Note below.]
Term of
§ 208-SEC. 2. The said commissioners shall hold their
offices respectively for the term of one, two, three, four, and office.
five years, from the first Tuesday in March, of the year one
thousand eight hundred and sixty-nine; said commissioners
shall, within thirty days after the passage of this act, decide by
lot their respective terms, which decision shall be notified by a lot.
written statement to the common council of said village, which
NOTE TO SEC. 207. The city charter of 1871 continued in existence
this board under the name of the "Board of fire and water commis-
sioners of the city of Marquette." The section continuing the exist-
ence and changing the name of the board has been retained in subse-
quent revisions of the charter and is ? 198 of this compilation, which
see. Since 1893 the mayor has been ex officio a member of the board by
virtue of ? 180 of this compilation.
Decided by
82
FIRE AND WATER COMMISSION.
Common
council to
missioner.
Proviso.
shall be entered of record on the books of said common council;
and at their first regular meeting in the month of February, in
the year one thousand eight hundred and seventy, and annually
thereafter, the said common council shall elect and appoint, on
appoint com- the nomination of the president of said village of Marquette, a
citizen of said village, being a qualified voter, as a commissioner,
who shall hold his office for five years from the first Tuesday in
March next following: Provided, That this section shall not
be so construed as to disqualify any member of the said board
for reappointment; and in case of the death or resignation, or
removal from said village, of any of said commissioners, the
common council shall, as soon thereafter as possible, upon the
nomination of the president of said village, appoint to fill such
vacancy, for the remainder of the term, some citizen of said
village, being a qualified voter.
Choice of
officers.
Vacancy;
how filled.
Oath.
Quorum.
Powers and
duties of
commission-
ers.
May borrow
money.
Issue bonds.
To keep
register of
bonds.
§ 209-SEC. 3. The said commissioners shall choose one of
their own number as president, who shall hold his office until
the first Tuesday of March next ensuing the date of his election;
they shall also appoint a secretary and a treasurer, who shall
hold their offices at the pleasure of the board. The treasurer,
before entering upon the duties of his office, shall give bonds in
such amount as the board may require. In case of a vacancy
occuring in the office of president, the said commissioners
shall have power to fill the vacancy, as in the first instance.
§ 210-SEC. 4. Before entering upon the duties of their office,
said commissioners shall each take and file with the village re
corder, an oath or affirmation, similar to that provided in the
case of other officers of said village.
§ 211-SEC. 5. A majority of said board shall constitute a
quorum for the transaction of business.
§ 212 SEC. 6. It shall be the duty of said commissioners to
examine and consider all matters relative to supplying said
village of Marquette with a sufficient quantity of pure and
wholesome water for domestic use; also, to provide suitable
and efficient means for the extinguishment of fires.
§ 213-SEC. 7. The said commissioners shall have power to
borrow from time to time, upon the best terms they can make,
for such time as they shall deem expedient, and at a rate of in-
terest not exceeding ten per cent. per annum, a sum of money
not exceeding one hundred thousand dollars, upon the credit of
said village of Marquette, and shall have authority to issue
bonds pledging the faith and credit of said village for the pay-
ment of the principal and interest of said bonds which bonds.
shall issue under the seal of said board of commissioners, and
shall be signed by them or a majority of them. And it shall be
the duty of said commissioners to cause to be kept an accurate
register of all the bonds issued by them, showing the number,
date, and amount of each bond, and to whom issued; and it shall
also be their duty to present said bonds to the recorder of said
village, for entry upon the records of said village; and the said
recorder shall certify on each bond that such record has been
FIRE AND WATER COMMISSION.
83
made: Provided, That no such bonds shall be issued, nor in- Proviso.
debtedness be incurred, until the amount proposed to be raised
shall have been submitted to the legal voters of said village, and
been approved by a majority vote, by ballot, of all the electors
of said village, at an annual election therein, due notice of such
submission having been given in the notices of such election; or
at a special election therein, called by the board which is hereby
established, by giving notice thereof, as is required of the re-
corder of said village, in section three of an act entitled "An act
to incorporate the village of Marquette," approved February
10th, 1859.
interest.
§ 214 SEC. 8. It shall be the duty of said commissioners to To pay
pay the interest and principal of the bonds issued as aforesaid.as
the same may become due; and the said commissioners may, May purchase
when they have funds for that purpose, purchase the bonds so bonds.
issued as aforesaid, whether the same have become due or not;
and in case the said commissioners shall at any time not have
funds on hand sufficient to meet any of said bonds at the time Issue new
when they shall become due, they shall have the right to issue
new bonds for such amount, and on such time as they shall deem
expedient, in the place of bonds so becoming due as aforesaid;
the said old bonds to be canceled in the registry thereof, and the
said new bonds to be recorded in the manner herein before pro-
vided.
bonds.
mon council.
§ 215-SEC. 9. It shall be the duty of said commissioners, at To make
least thirty days before the time fixed by the charter of said report to com-
village, for assessing village taxes, to make a special report to,
the common council of said village, what, if any sum, will be
needed by said commissioners over and above the revenue of
said board, to meet the payment of interest or principal of said
bonds issued as aforesaid, or to meet any deficiency in operating
expenses; and it shall be the duty of the common council, and
the said common council is hereby authorized and empowered
to raise said amount by special tax, in addition to the amount
authorized in the charter of said village, in the same manner as
general taxes, to be designated a water tax; and the said
amount shall be paid over to said board by the treasurer of said
village.
illaş
land, etc.
§ 216-SEC. 10. Said commissioners shall have power, and To purchase
it is hereby made their duty, as soon as may be, after the neces-
sary funds have been procured as herein provided, to purchase
such lands and materials, and construct such reservoirs, build-
ings, machinery, and fixtures as shall be deemed necessary to
furnish an ample supply of water for public and private use,
and also to provide such means as shall give an efficient system To guard
of fire protection in said village; and the said commissioners are
hereby empowered and directed to possess and exercise fully
and exclusively all the powers and perform all the duties for the
government, management, maintenance, and direction of the fire
department of the village of Marquette and the premises and
property thereof, which, at the time of the organization of
against fires
84
FIRE AND WATER COMMISSION.
To take
charge of
fire dopart-
ment.
May lay
water-pipos,
fountains.
the said board of commissioners, were possessed by, or were
under the control of the common council of said village; and
the said commissioners shall hereafter have power and authority
to extinguish fires in said village, and it shall be the duty of any
and all persons in possession of any property, real or personal,
belonging to, or set apart for, or in use by or for the fire de-
partment of said village, to deliver the same to the control and
possession of the said commissioners.
§ 217-SEC. 11. Said commissioners shall have power to lay
and construct pipes in and through all the streets and alleys of said village, and
also to construct, in such localities as they may deem expedient,
fire hydrants, and hydrants for public use; and also, with the
consent of the common council of said village, to construct foun-
tains in the public squares, or such other public grounds of said
village as they shall deem expedient.
May employ
clerks.
Proviso.
Water-rates;
assessmont
of.
$218-SEC. 12. Said commissioners shall have power to em-
ploy superintendents, clerks, assessors, collectors, engineers,
surveyors, and such other persons as in their opinion may be
necessary to enable them to perform their duties under this act,
and to specify the duties of the persons so employed, and to fix
their compensation: Provided, That in no case shall said com-
missioners receive, directly or indirectly, any compensation for
their own services.
$219 SEC. 13. Said commissioners shall, from time to
time, cause to be assessed the water rate to be paid by the owner
or occupant of each house or other building having or using
water, upon such basis as they shall deem equitable; and such
water rate shall become a continual lien until paid, upon such
house or other building, and upon the lot or lots upon which such
house or other building is situated.
Collection of. § 220-SEC. 14. Said commissioners shall have power to
make and enforce all necessary by-laws and regulations for the
collection of said water rates, either by the appointment of col-
lectors to demand the same, requiring payment at the office,
shutting off the water, or by a suit at law before any court of
competent jurisdiction, or by sale of the lot or premises upon
which such rates shall have become a lien: Provided, That
such sales shall be conducted in the same manner, and have the
same force and effect of sales of lots delinquent for village taxes;
And provided further, That the attempt to collect said rates by
any process above mentioned, shall not in any way invalidate
the lion upon the said lot or premises.
Proviso.
Ibid.
Commission-
private
property.
§ 221-SEC. 15. The said commissioners, and, under their
ers may take direction, their agents and employes, are hereby authorized to
enter upon any land or water, within or without the corporate
limits of said village, for the purpose of making surveys, and
to agree with the owner of any property which may be required
for the purposes of this act, as to the amount of compensation
to be paid to such owner; and in case of a disagreement between
the commissioners and the owner of any property which may be
required for said purpose, or affected by any operation con-
Make com-
ponsation
therefor.
FIRE AND WATER COMMISSION.
85
nected therewith, as to the amount of compensation to be paid
to such owner, or in case any such owner shall be an infant, or
insane, or absent from this State, the judge of the circuit court
of the judicial district having jurisdiction in the village of Mar-
quette may, upon the application of either party, nominate and
appoint three disinterested persons to examine such property,
and estimate the value thereof, or damage sustained thereby,
and report thereon to said court without delay.
§ 222-SEC. 16. Whenever such report shall have been con- Ibia.
firmed by said court, the said commissioners shall pay to said
owner, or to such person or persons as the court may direct;
the sum mentioned in said report, in full compensation for the
property so required, or for the damage sustained, as the case
may be; and thereupon, the said commissioners shall become
seized in fee of such property, and shall be discharged from all
claim by reason of any such damage.
in caso of
receive
§ 223-SEC. 17. And in case of the refusal by any owner or Proceedings
owners, person or persons, to receive such sum awarded them refusal of
for property required or damages sustained, then the said com-owners to
missioners shall deposit with the village treasurer, the sum so damagos.
awarded, subject to the draft of said owner or owners, person
or persons; and thereupon, the said commissioners, and their
successors in office, shall become seized in fee of such property
so required, and shall be discharged from all claims by reason
of any such damage; and the said village treasurer shall keep
strict account of all sums so deposited, and shall pay out the
same on the drafts of the owner or owners, person or persons,
to the credit of whom such moneys may have been deposited.
exempt from
money for
§ 224-SEC. 18. All materials procured or partially pro- Materials
cured under a contract with said commissioners, shall be ex- execution.
empt from execution; but it shall be the duty of the commis- To whom
sioners to pay the money due for such materials to the judgment same shall be
creditor of the contractor, under whose execution such materials paid.
might otherwise have been sold, upon his producing to them
due proof that his execution would have so attached, and such
payment shall be held a valid payment on the contract.
upon water-
§ 225-SEC. 19. If any person shall, without the authority Trespass
of said commissioners, as delegated through any of their agents, works.
perforate or bore, or cause to be perforated or bored, any main
or distributing pipe belonging to the said water-works, or make
or cause to be made any connection or communication whatever
with the said pipes, or close or cause to be closed, any connec-
tion already made, every person so offending shall, for each Fino.
offense, forfeit a sum not exceeding one hundred dollars and
costs of prosecution, to be recovered in the recorder's court of
said village, or other court of competent jurisdiction.
property or
§ 226-SEO. 20. If any person shall willfully do, or cause to Injury to
be done, any act whereby any work, materials, or property work; how
whatsoever, belonging to or being under the control of said punished.
commissioners or their agents, for the purpose of procuring or
keeping a supply of water, or for the extinguishment of fires,
86
FIRE AND WATER COMMISSION.
Record of
proceedings.
Report of
commission-
of.
shall in any manner be injured, or shall willfully pollute the
water, he shall be deemed guilty of a misdemeanor, and upon
conviction shall be punishable therefor as other misdemeanors
are punished.
§ 227-SEC. 21. The said commissioners shall cause to be
kept an accurate record of all proceedings, together with a list
of all assessments for water rates, which shall be subject to in-
spection at all times.
§ 228-SEC. 22. (As Amended 1875.) It shall be the duty
ers; contents of said commissioners to make report to the common council of
said city on or before the first day of February of each year,
which report shall embrace a statement of the condition and
operation of the works; a statement of the funds and securities
of said board, and all debts due and owing to and from said
board, together with an accurate account of their expenses; also,
a list of fires, alarms, losses, and insurance on all property de-
stroyed during the year, which statement shall be certified by
said commissioners, and shall be entered of record by the re-
corder of said village, and published in such manner as said
common council may direct.
Restrictions
placed on
ers.
§ 229-SEC. 23. No one of said commissioners shall be inter-
commission- ested, either directly or indirectly, in any contract entered into
by them with any other person; nor shall they be interested,
either directly or indirectly, in the purchase of any material to
be used or applied in or about the purposes and uses contem-
plated by this act, nor shall any commissioner be a member of
the common council of said village.
Laws and
ordinances.
§ 230-SEC. 24. The said commissioners are hereby invested
with full power to make and enforce such by-laws, regulations,
and ordinances as may be necessary to carry into effect the ob-
ject and intent of this act, and to supply any mode or power not
already specified herein, and shall cause all such by-laws, reg-
ulations and ordinances to be entered in a book, to be kept for.
that purpose, and signed by the president and secretary, which,
when so entered and signed, shall be evidence in any court of
justice.
P
§ 231-SEC. 25. All acts or parts of acts, contravening the
provisions of this act, are hereby repealed.
SEC. 26. This act shall take immediate effect.
Approved March 2, 1869.
[NOTE.]
By the provisions of § 80 of the city charter, the controller is
to countersign all bonds, etc., and all claims against the board
are to be presented to him for audit before allowance and pay-
ment, and he is to certify all pay-rolls. He is also to keep ac-
counts of receipts, expenditures, etc., of the board, and is to in-
quire into, inspect and inventory all finances and accounts,
property and assets of the board and they are to make such re-
ports to him as may be required.
FIRE AND WATER COMMISSION.
87
[ACT No. 240, LOCAL ACTS OF 1891.]
AN ACT to authorize the Board of Water and Fire Commission-
ers of the City of Marquette to borrow money and issue
bonds therefor.
§ 232-SEC. 1. The People of the State of Michigan enact,
That the board of water and fire commissioners of the city of
Marquette, in the county of Marquette, be and they are hereby
authorized to borrow money to the amount of twenty-five
thousand dollars, to be expended in the erection of additional
buildings and machinery for the water works of said city, for
such time as they shall deem expedient, and at a rate of interest
not exceeding six per cent per annum, upon the credit of said
city of Marquette. And they are hereby authorized to issue
bonds therefor, pledging the faith and credit of said city, for
the payment of the principal and interest of said bonds, which
bonds shall be issued under the seal of said board of commis-
sioners, and shall be signed by them or a majority of them.
Said bonds may be issued with or without interest coupons, and
in such form in other respects as said board shall deem ex-
pedient.
This act is ordered to take immediate effect.
Approved March 21, 1891.
(See last provisó to § 41 of this compilation.)
88
LIGHT AND POWER COMMISSION.
of commis-
sioners
PROVISIONS OF LAW
RELATIVE TO
THE LIGHT AND POWER COMMISSION
OF THE
CITY OF MARQUETTE.
BEING AN ACT OF THE LEGISLATURE, APPROVED
MARCH 18, 1897.
AN ACT To create a Light and Power Commission in the City
of Marquette, Michigan, and to define its powers and duties.
233-SEC. 1. The People of the State of Michigan enact,
Appointment That five citizens of the city of Marquette, Michigan, to be ap-
pointed by the mayor of said city, and confirmed by a two-thirds
vote of the common council of said city, and their successors in
office, when appointed, confirmed and qualified, shall be a board
of light and power commissioners, of the city of Marquette, in
Marquette County, in this State, and they shall be known by the
name and style of "The Light and Power Commission of the city
of Marquette"; and by that name shall have power to contract,
sue and be sued, to purchase and hold real estate, to have a com-
mon seal, to alter and change the same at pleasure, to make by-
laws and ordinances, and to do all legal acts which may be neces-
sary and proper to carry out the effect, intent and object of this
act. Members of the common council of said city shall not be
eligible to appointment on said commission, nor shall any ap-
pointment thereto be made prior to April fifteenth, eighteen.
hundred and ninety-seven.
Corporate
name.
General
powers.
Terms of
office.
Vacancies,
how filled.
§ 234 SEC. 2. The said commissioners shall hold their offices
respectively for the terms of one, two, three, four and five
years, in the order appointed, and for the time designated in the
appointment, from the fifteenth day of April, eighteen hundred
and ninety-seven, and until their respective successors are ap-
pointed and qualified. In the event that any person so named
shall decline to qualify as such commissioner, or shall subse-
quently resign, the vacancy shall be filled for the term for which
he was appointed by nomination by the mayor of a citizen of
said city and confirmation by a two-thirds vote of the common
council of said city, and at the expiration of the term of office
of any commissioner his successor shall be appointed and con-
of successors. firmed in like manner for the term of five years from and after
the fifteenth day of April of the year when appointed, and until
his successor is appointed and qualifies; and in case of the death,
resignation, or removal from said city or removal from office of
any of said commissioners. such vacancy shall be promptly filled
Appointment
Vacancies,
how filled.
کا
1
89
LIGHT AND POWER COMMISSION.
2
in the same manner for the unexpired term. Before entering Oath of office.
upon the duties of their office all appointees to said commission
shall within thirty days after confirmation of their appointment,
take and file with the city recorder the constitutional oath of of-
fice: Provided, That this section shall not be so construed as to
disqualify any member of said commission from re-appointment
thereon.
City treas-
§ 235-SEC. 3. The commissioners shall choose one of their President to
number as president, who shall hold his office until the fifteenth be chosen.
day of April next ensuing the date of his election as said presi-
dent and until a successor is chosen. They shall also choose, a secretary.
secretary from their own number, who shall hold his office at
the pleasure of the commission. The city treasurer shall be the
treasurer of the commission and shall receive out of the funds of urer to be
the commission, fees for collections not exceeding one per cent commission.
thereof, and not exceeding the sum of one hundred and fifty
dollars per annum. In case of a vacancy occurring in the office Vacancy in
of president, said commissioners shall have power to fill the va- president.
cancy as in the first instance. A majority of said commission how filled.
shall constitute a quorum for the transaction of business.
treasurer of
office of
Quorum.
§ 236-SEC. 4. The said commissioners shall cause to be kept Record of
proceedings
an accurate record of all their proceedings, together with a list to beings
of all amounts that shall become due from persons taking power
or light from the said commission which proceedings and list
shall be subject to public inspection at all reasonable times, un-
der the supervision of the officers of the commission charged
with their custody and care, which proceedings shall be pub- Proceedings
lished in a newspaper of the city monthly.
to be pub-
lished.
ers not to be
etc.
§ 237-SEC. 5. No member of said commission shall be in- Commission-
terested either directly or indirectly in any contract entered in- interested in
to by them with any other person, nor shall he be personally contracts,
interested either directly or indirectly in the purchase of any
material to be used or applied in and about the purposes and
uses contemplated by this act, or furnishing of any labor or
services to said commission.
pur-
regulations
made.
§ 238 SEC. 6. The said commissioners are hereby invested By-laws,
with full power to make and enforce such by-laws, regulations and ordinan-
and ordinances as may be necessary to carry into effect the ob- ces may be
ject and intent of this Act, and to supply any mode of power
not specified herein, and shall cause all such by-laws, regulations Record of by-
and ordinances to be entered in a book to be kept for that laws, etc.
pose, and signed by the president and secretary, which when so
entered and signed shall be evidence in courts of justice with
like force and effect as are the statutes of the State of Michigan;
but any such by-laws, regulations or ordinances imposing any
fine or penalty for the violation thereof shall not become opera- Publication
tive until ten days after the publication thereof in a public news- of by-laws,
paper of the city; and a certificate entered in such record by the
secretary that such publication has been duly made shall be
prima facia evidence of the due publication thereof.
etc.
·
90
LIGHT AND POWER COMMISSION.
General
powers and
§ 239--SEC. 7. Said commissioners are hereby authorized and
purposes of empowered to purchase, hold and improve lands, water powers,
commission. engines, machinery, apparatus and other property, and operate
and use the same for the purpose of generating, making and
furnishing electricity, gas, power, steam, light and heat, or
other form of energy for the efficient lighting of public streets,
avenues, buildings and grounds of the city, or for private light-
ing in said city, and for the purpose of furnishing electricity,
gas or steam, power, heat or other form of energy for elevators,
machinery or buildings owned by the city or other public cor-
poration, and for the purpose of selling such electricity or gas,
light, power, heat or other form of energy to any person, firm
or corporation.
Commission
to have
exclusive
management
power
property.
§ 240-SEC. 8. Said commissioners shall have the exclusive
government, control, direction and management of all the lands,
of light and machinery, structures, appliances and property, claims and
causes of action and evidence thereof which at the time of the
organization of said commission are possessed by the said city,
and that have been under the control of the common council and
the light and power commission of said city acquired for electric
lighting and water power purposes, and the title thereto shall
vest and be in said commission and they shall succeed to all the
rights, liabilities and duties of the common council and the light
and power commission in relation thereto.
May sell
and convey
property.
Limit on
power to sell
or lease.
Power to
construct
dams, etc.,
and erect
machinery
tus.
§ 241-SEC. 9. Said commission may sell and dispose of any
personal property or building that may come into their posses-
sion or under their control, when no longer needed by them,
and they may convey any lands under their control for a site for
the use of any state educational reformatory or benevolent in-
stitution which may be located on any part of said land, but
said commissioners shall not lease or convey any water power or
water power site, or any lands which may by the erection of
dams, flumes or other structures be utilized therefor, or lease
any lands for a longer period than four years.
§ 242--SEC. 10. Said commissioners, subject to the limita-
tions in this act, shall have power, and it is hereby made their
duty, to construct such dams, flumes, reservoirs, buildings, and
and appara- to purchase and erect such engines, machinery, apparatus, tow-
ers, poles, wires, pipes, and structures as shall be deemed
necessary by them to enable them to carry out the purposes
named in this act; and for said purpose shall have power to erect
poles, towers, structures, wires and appliances, and to lay and
construct conduits, pipes and man holes in the streets, alleys and
public grounds of said city, and in the highways in the Town-
ship of Marquette, Marquette County, in this State, for the
purposes of its business; but they shall so place and construct
placing and the same as to least interfere with the usual and ordinary use of
said streets, avenues and public grounds and highways and the
free ingress to and egress from properties adjacent thereto,
and shall replace in good order all pavement, macadam and turf
or other improvements disturbed or injured by them in the pros-
Manner of
constructing
poles, con-
duits, etc.
LIGHT AND POWER COMMISSION.
91
streets, parks
ings.
Light, power,
public use
to fix rates
ecution of their work. Said commissioners shall utilize, so far
as practicable, the property under their control for the puposes
for which said commission is established and mentioned in this
act, and to efficiently light the streets, avenues, parks and public Board to light
grounds of the city as they may deem proper, with electricity, etc.
gas or other substance; and, as may be required by the common Light and
council, to furnish such light, heat and power for the public power for
buildings as they are able to furnish, with the property and public build-
equipments under their control. And said commission shall
furnish and sell, under such regulations as they may prescribe, etc., not
to persons and corporations in said city who desire to purchase needed for
the same, any such electricity, gas or other light, heat or power may be sold.
which they are able and equipped to supply, and which is not
needed for public use.
§ 243-SEC. 11. Said commissioners shall fix the rates and Commission
charges to be paid for the various kinds of service furnished by and charges
them, and shall have power to make and enforce all necessary for service.
rules and regulations for the collection of said rates and charges; Collection of
and penalties may be prescribed by them for delinquencies in rates and
the payment thereof, together with interest thereon not exceed-
ing eight per cent per annum from the time when the same be-
comes payable, and the expense of collection thereof; which
they are hereby authorized to charge and collect; and for the
collection thereof they are empowered to require payment to be
made at the office of the commission or of the treasurer, and
may shut off the supply of light, heat or power from delin-
quents and remove apparatus of the commission from the prem-
ises; or they may enforce collection of the same by suit at law
before any court of competent jurisdiction, or otherwise, as
they may determine. All such rates, charges, rules and regula Rates and
tions shall be entered in the record of the commission, but shall charges to be
not go into effect until ten days after the publication of the published.
same in a public newspaper of the city, and a certificate entered
on such record by the secretary that such publication has been
duly made shall be prima facie evidence of the due publication
thereof.
charges.
recorded and
light, etc.
§ 244-SEC. 12. The City of Marquette shall pay monthly city to pay
from its general funds, for all light and power furnished for for public
public streets and buildings and other public purposes at the
rates fixed by such commission; and such payments shall be
made by orders drawn on the city treasurer as other city orders,
upon the filing with the controller of itemized statements certi-
fied by authority of said commission, specifying the light and
power so furnished and the rates and amounts charged for the
same; the vouchers for which payments and appropriate mem-
oranda thereof shall be entered upon the books of the city as for
other city expenditures.
council.
§ 245 SEC. 13. It shall be the duty of said commissioners Reports to
to make report to the common council of said city on or before common
the second Tuesday of March of each year, also at such other
time or times as the council may deem necessary and demand,
92
LIGHT AND POWER COMMISSION.
report.
Contents of which report shall embrace a statement of the condition and
operation of the works, a statement of the funds and securities
of said commission, and all debts due and owing to and from
said commission, together with an accurate account of the whole
of its receipts and disbursements, also a list of light furnished
the city for street lighting and a list of the lights furnished the
city for lighting public buildings, with the amount received
therefor; also a statement of the amount of each kind of, light,
as well as power, that shall be sold by them; also a statement of
all losses incurred or property destroyed during the year or in-
jured in any way, with an estimate of the amount of such in-
Certification jury, which statement shall be certified by said commissioners
of report. and shall be entered upon the records of said city, or filed in
such manner as said common council may direct.
Report to
common
council of
moneys to be
raised by
taxes.
Council to
raise amount
by special
tax.
Power to
borrow
money.
issued.
§ 246--SEC. 14. It shall be the duty of the said commission-
ers, on or before the first Monday of June in each year, to make
a special report to the cominon council of said city what, if any,
sum will be needed by said commissioners over and above the
revenue of said commission to meet the payment of interest or
principal of bonds, or to meet any deficiency in operating ex-
penses; and it shall be the duty of the common council of the
said city, and the said common council is hereby authorized and
empowered to raise said amount by special tax in addition to
the amount authorized in the charter of said city, in the same
manner as general taxes are raised to be designated in said tax
roll as light and power tax, and said amount when collected shall
belong to the fund controlled by said commission and subject to
the order of said commission.
§ 247-SEC. 15. The said commissioners shall have power,
to borrow from time to time upon the best terms they can make
for such time as they shall deem expedient, and at a rate of
interest not exceeding seven per cent per annum, and at as much
lower rate as possible, a sum of money in addition to indebted-
ness existing at the time of the passage of this act, not exceed-
ing fifty thousand dollars, upon the credit of said City of Mar-
Bonds, how quette; and shall have authority to issue bonds, pledging the
faith and credit of said city for the payment of the principal and
interest of said bonds, which bonds shall issue under the seal of
said commission, and shall be signed by three of said commis-
sioners and countersigned by the controller; and it shall be the
duty of said commissioners to cause to be kept an accurate
register of all the bonds issued by them, showing the number,
date and amount of each bond and to whom issued; and it shall
also be their duty to present said bonds to the controller of said
city for entry upon the records of said city kept by him, and the
controller shall certify on each bond that such record has been
made: Provided, That no such bonds shall be issued, until the
amount proposed to be raised shall have been submitted to the
legal voters of said city, and been approved by a majority vote
by ballot of the electors of said city voting at an annual or
special election therein.
Record of
bonds.
Proviso.
Authoriza-
tion by
electors.
LIGHT AND POWER COMMISSION.
93
Council to
borrowing
§ 248-SEC. 16. Upon notice to the common council of any cubmit to
resolution of said commission for the raising of money by bonds electors
the common council and city officers shall at any general elec- question of
tion submit the question to the electors of said city and deter- money.
mine and declare the result in the manner prescribed by the
charter of said city in other cases; or said council shall cause a
special election therefor to be held at such time as shall be des-
ignated by resolution of said commission for like purposes as
aforesaid; and said commission shall determine the form of the Form of
ballots.
to
ballots. how
determined.
to
certain
§ 249--SEC. 17. It shall be the duty of said commissioners Commission-
pay the interest and principal of the bonds heretofore issued est pay
by said city for light and power purposes and hereafter issued bonds.
by said commission as the same may become due. And the said May purchase
commissioners may, when they have funds for that purpose, or renew
purchase any of such bonds whether the same have become due bonds.
or not; and in case the said commissioners shall at any time not
have funds on hand sufficient to meet any of said bonds at the
time when they shall become due, they may issue new bonds for
such amount and on such time as they shall deem expedient, in
the place of the bonds so becoming due; the said old bonds to be
cancelled in the registry thereof, and the said new bonds to be
recorded in the manner hereinbefore provided.
damage or
ence with
a misde-
meanor.
§ 250-SEC. 18. If any person shall wilfully do, or cause to Wilful
be done, any act whereby any work, materials or property destruction
whatsoever belonging to or being under the control of said com- or interfer-
missioners or their agents, for any of the purposes authorized property, etc.
by this act, whereby the same shall in any manner be damaged
or destroyed or shall without the authority of said commission
interfere with or connect or disconnect any of the distributing
wires, pipes or other conductors or apparatus of said commis-
sion or take therefrom any electricity, gas or other power or
substance, without such authority, such person shall be deemed
guilty of a misdemeanor, and upon conviction shall be punish-
able therefor as other misdemeanors are punished.
And any
person so offending shall also for such offense forfeit and pay to Special
said commission a sum of money equal to five times the amount
of such damage or five times the value of such electricity, power
or substance so taken, and the costs of suit to be recovered in
any court of competent jurisdiction.
penalty.
§ 251-SEC. 19. All materials procured, or partially pro- Materials
cured, under a contract with said commissioners shall be exempt exempt.
from execution, and it shall be the duty of the commissioners to
pay the money due for such materials, and when such materials
are furnished to contractors employed by the said commission
in the erection of any of the works under its control above re-
ferred to, and when said contractors shall neglect or refuse to Remedy of
pay for materials purchased for said use, the said creditors of creditors of
the contractor may serve notice upon the president or secretary
of said commission of said indebtedness and an itemized state-
ment of the amount, and if said contractors are not already paid
contractors.
94
LIGHT AND POWER COMMISSION.
Repealing
clause.
for said work and materials, the said commissioners shall re-
tain the amount until the creditors of said contractor shall de-
termine the amount actually due by suit in court, and if no ap-
peal is taken or writ of error sued out from said judgment to a
higher court, the said commissioners are authorized to pay the
said judgment to the said creditors, and charge the same to the
contractors, upon having filed with them a certified copy of the
entry of judgment in the court where the judgment entry is last
made.
§ 252-SEC. 20. All acts or parts of acts contravening or in-
terfering with the provisions of this act are hereby repealed.
This act is ordered to take immediate effect.
Approved March 18, 1897.
[NOTE.]
By the provisions of § 80 of the city charter the controller is
to countersign all bonds, etc., and all claims against the board
are to be presented to him for audit before allowance and pay-
ment, and he is to certify all pay-rolls. He is also to keep ac-
counts of receipts, expenditures, etc., of the board and is to in-
quire into, inspect and inventory all finances and accounts,
property and assets of the board and they are to make such re-
ports to him as may be required.
SCHOOL DISTRICT NUMBER ONE.
95
PROVISIONS OF LAW
RELATIVE TO
School District Number One
OF THE
CITY OF MARQUETTE.
BEING ACT No. 385 OF THE LOCAL ACTS OF 1885, WITH REFER-
ENCES TO THE PROVISIONS OF THE CITY CHARTER
AFFECTING SAID SCHOOL DISTRICT.
[ACT No. 385, LOCAL ACTS OF 1885.]
AN ACT to abolish fractional school district number one of the
of the city and township of Marquette, and to form the terri-
tory of the city of Marquette into a single school district.
corporate
§ 253-SEC. 1. The People of the State of Michigan enact, Territory and
That the territory embraced within the limits of the city of name of
Marquette, in the county of Marquette, be and the same hereby school dis-
is formed into a school district to be known as "School District
Number One," of said city.
trict.
former school
§ 254-SEC. 2. The school district hereby formed shall be successor of
the legal successor of fractional school district number one of district.
the city and township of Marquette, and the officers of the latter
named district shall succeed to like officers in the district here-
by formed during the remainder of the term for which they
were respectively elected.
§ 255-SEC. 3. Fractional school district number one of the Former
city and township of Marquette is hereby abolished.
Ordered to take immediate effect.
Approved June 16, 1885.
[NOTES.]
For provisions of the city charter relative to election of school
trustees and the application of the general school laws to the
district, see § 206 of this compilation and notes.
By 148 of the city charter the trustees are required before
the first Monday in June in each year to certify to the common
council all sums to be raised by taxation for school purposes.
By the provisions of § 80 of the city charter the controller is
to countersign all bonds, etc., and all claims against the district.
are to be presented to him for audit before allowance and pay-
ment, and he is to certify all pay rolls. He is also to keep ac-
counts of receipts, expenditures, etc., of the district, and is to
inquire into, inspect and inventory all finances and accounts,
property and assets of the district, and they are to make such
reports to him as may be required.
school dis-
trict
abolished.
1
96
PETER WHITE PUBLIC LIBRARY.
Mayor to
appoint
trustees.
Terms of.
One to be
appointed
annually.
PROVISIONS OF LAW
RELATIVE TO
THE PETER WHITE PUBLIC LIBRARY
OF THE
CITY OF MARQUETTE.
BEING ACT No. 254 OF THE LOCAL ACTS OF 1891; WITH
REFERENCES TO PROVISIONS OF THE CITY CHARTER
AFFECTING SAID BOARD.
[ACT No. 254 OF THE LOCAL ACTS OF 1891.]
AN ACT to provide for the organization, support and manage-
ment of a free public library in the city of Marquette, to be
known as "The Peter White Public Library of the City of
Marquette".
256-SEC. 1. The People of the State of Michigan enact,
That as soon as may be after this act shall take effect, the mayor
of the city of Marquette, with the consent of the common coun-
cil, shall appoint five persons, residents of the city of Marquette,
to be a board of trustees for a public library of the city of Mar-
quette to be known as "the Peter White public library of the
city of Marquette," one of whom shall hold office for the term
of one year from the first day of May, one thousand eight hund
red and ninety-one, one for the term of two years, one for the
term of three years, one for the term of four years, and one for
the term of five years from said date; and the several appoint.
ments shall designate the term for which each of said trustees so
appointed shall serve; and annually thereafter on or before May
first in that year, said mayor, with the consent of the common
council, shall appoint one trustee for said public library, for the
term of five years next following; and any vacancy occurring in
said board of trustees from death, removal from said city of
Marquette, resignation or otherwise, shall be filled by appoint-
ment in the same manner: Provided, That any person appointed
a trustee as aforesaid shall hold office until his successor is ap-
Proviso as to pointed and qualified: And Provided further, That before en-
tering upon the duties of his office, each trustee so appointed as
aforesaid shall take and subscribe the constitutional oath of office,
which shall be filed in the office of the recorder of the city of
Marquette. None of the said trustees shall receive any pay or
compensation for their services, and any of said trustees may be
removed by said common council for misconduct in the same
manner as other officers of said municipality.
Vacancy.
Proviso.
oath.
To serve
without com-
pensation.
To be a body
corporate.
Name.
§ 257-SEC. 2. Said board of trustees, so appointed and qual-
ified, shall be a body corporate, by the name and style of "the
PETER WHITE PUBLIC LIBRARY.
97
""
school library
ferred to, etc.
trustees of the Peter White public library of the city of Mar-
quette," and by that name may sue and be sued, acquire, hold
and convey property, and the books and property of every kind Books, etc., of
now belonging to the school district library of Marquette shall to be trans-
be transferred to the care, custody, and control of said "trus-
tees of the Peter White public library of the city of Mar-
quette, as soon as they are appointed and duly qualified, and
the title thereto shall thereafter be vested in said board of
trustees; and all public money which is now or may hereafter
be appropriated by law to the support of a school library, or a
public library in the city of Marquette, shall be expended under Title to vest
the direction of said trustees, and the title to the property there- in said
with purchased shall vest in said trustees.
trustees.
§ 258-SEC. 3. The board of trustees shall, on the second President and
Saturday in May in each year, or within ten days thereafter, secretary.
elect one of their number president, and shall also elect one of
their number secretary, who shall hold their respective offices
for one year thereafter, and until their successors shall be elected.
Vacancies in either of said offices shall be filled by said board. Vacancies.
Said board of trustees may make such rules and by-laws as may Rules, etc.
be needed for its own government.
§ 259-SEC. 4. Said board of trustees shall have power to Power to hold
acquire and hold property of every kind which may be suitable property.
or convenient for the purposes of the library, and may receive
property of every kind by grant, devise or otherwise, for the
use and benefit of said library, and they are especially authorized
to receive, hold and care for, as a part of the property of said
trustees, the so called "Peter White library," in said city, on
such terms as may be mutually agreed upon between said trus-
tees and the founder and the trustees of said "Peter White
library, " with a view to the consolidation of said "Peter
White library" with the public library under the control of
said trustees. All the property held by said trustees in trust Property
for said public library shall be exempt from attachment and exempt from
execution, and any judgment recovered against the said "trus- Judgment to
tees of the Peter White public library of the city of Marquette" be assessed
shall be spread upon the tax roll of the said city of Marquette against city.
and collected in the same manner, as near as may be, as if the
judgment was against said city of Marquette, and all such
property shall be exempt from taxes and assessments.
execution.
urer to be
§ 260 SEC. 5. The treasurer of the city of Marquette shall City treas-
be the treasurer of said trustees and no money legally appro- treasurer of
priated to the use and support of said public library, shall be trustees.
paid out by said treasurer except in pursuance of an order of
said trustees, upon a warrant signed by the secretary and coun-
tersigned by the president of said board of trustees; but said
trustees shall not expend any money for any purpose other than
the building up and maintenance of said public library except as
hereinafter provided.
§ 261-SEC. 6. In addition to the moneys which by law are Library tax.
appropriated to the use of the public library in the city of Mar-
98
PETER WHITE PUBLIC LIBRARY.
Limit of.
To provide
rooms.
quette, and which shall hereafter inure to, and stand to the
credit of the trustees of the library hereby incorporated, there
shall be levied and collected annually by tax on the real and per-
sonal property of said city, one-tenth of one cent on each dollar
of the assessed valuation of said city, which money shall be ap-
propriated to the sole purpose and behoof of said library, and
be payable as hereinbefore provided. Said tax shall be levied
and collected in the same manner as the moneys raised to defray
the general expenses of said city, and shall be designated as
"library tax" upon the assessment roll.
§ 262-SEC. 7. For the due and proper care and use of said
public library, said board of trustees shall provide suitable
rooms, by rental or otherwise, in which it may be kept. They
shall have power to receive donations of money or property for
the erection of a library building, and to expend the same for
Council may such purpose. The common council of said city shall have
tax city for
building.
Proviso.
Free circulat-
ing library.
Public
power to raise by tax on the taxable property of said city, such
sums as they shall think proper, not exceeding one-half of one
per cent of the total valuation in any one year, to erect or aid in
erecting a suitable building for said public library: Provided,
The question of raising such tax shall first be submitted to the
electors of said city at an annual city election, or at a special
election called for that purpose; such money when so raised,
shall be expended by and under the direction of said board of
trustees.
§ 263-SEC. 8. Said board of trustees shall keep and main-
tain said library as a free circulating library for the use of the
inhabitants of the city of Marquette, and may maintain a public
reading room in connection therewith, and they shall make all
reading room. all such reasonable rules and regulations relative to the use of
said library and reading room as they may deem expedient, and
for the preservation of the books, maps, charts and pamphlets
in said library, as well as the chairs, tables, desks, carpets, etc.,
therein. Said board shall employ a librarian and such other
assistants as may be needed for the proper care of said library
and the use thereof by the people of said city. All employees
shall be under the control of said board, who shall fix their pay
and designate their duties, and may discharge them at their
pleasure.
Employes.
Annual
reports.
§ 264 SEC. 9. Annually, in the month of March, said board
of trustees shall make to the common council a report showing
the condition of the library and the manner in which all moneys
received by it during the current year have been expended.
This act is ordered to take immediate effect.
Approved March 27, 1891.
[NOTE].
By the provisions of § 80 of the city charter the controller is
to countersign all bonds, etc., and all claims against the board
are to be presented to him for audit before allowance and pay-
ment, and he is to certify all pay-rolls. He is also to keep ac-
GRANT OF PRESQUE ISLE PARK.
99
counts of receipts, expenditures, etc., of the board, and is to in
quire into, inspect and inventory all finances and accounts, prop-
erty and assets of the board and they are to make such reports
to him as may be required.
THE GRANT OF
PRESQUE ISLE PARK
TO THE
CITY OF MARQUETTE.
Being Sec. 2 of Chap. 765 U. S. Statutes at Large 49th Con-
gress, Vol. 24, p. 144, approved July 12, 1886.
TITLE.
CHAP. 765. Authorizing the Secretary of the Interior to transfer
the United States barracks at Baton Rouge, Louisana to the Louisana
State University and Agricultural and Mechanical College at said
place, for educational purposes, and granting to the City of Marquette,
Michigan, certain lands for park purposes.
reserve.
§ 265-SEC. 2. That fractional section one and lot numbered Lands
four, section two, township forty-eight north, range twenty-five granted.
west, in the district of lands subject to sale at Marquette, Mich-
igan, except a tract two hundred and twenty feet by one Light-house
hundred and ninety feet, containing one acre, on the extreme
north end of said tract, being a light-house reservation, be, and
the same are granted to the city of Marquette, Michigan, to be
held in trust for the purpose of a public park, reserving the Right of way.
right of way on the above granted land to the above-excepted
tract: Provided, That if the above-granted land shall cease to Reversion.
be used for park purposes the same shall revert to the United
States: Provided further, That Congress reserves the right at
any time to alter or amend this act.
ว
Uor M
100
[COMMON COUNCIL.
ORDINANCES OF THE
The Administrative and Penal
Ordinances of the City of Marquette.
•
IN FORCE MARCH, 1898.
COMPILED BY AUTHORITY OF THE COMMON COUNCIL.
Regular
meetings.
Special
meetings,
how called.
given.
NUMBER 1.
AN ORDINANCE RELATIVE TO MEETINGS AND PRO-
CEEDINGS OF THE COMMON COUNCIL.
ADOPTED MARCH 8, 1892.
It is hereby ordained by the common council of the city of
Marquette:
§ 266-SEC. 1. Regular meetings of the common council
shall be held at the place provided by the city for that purpose
on the first Monday in each and every month at 8 o'clock P. M.,
except when the same shall fall upon a legal holiday, in which
case said meeting shall be held on the succeeding day at the
same hour. [See Sec. 276.]
$ 267-SEC. 2. Special meetings of the common council
shall be held at any time upon a written call therefor signed by
the mayor or any three aldermen of said city, stating the time,
place and object of said meeting; which shall be filed with the
Notice, how recorder; whereupon each member of the common council shall
be notified in writing of said call and the particulars thereof,
which notice may be served upon him either personally, at
least four hours prior to such meeting, or by mailing the same
to his address in the post office in said city, postage prepaid, at
least thirty-six hours before such meeting, or the same may be
left at his place of residence at least eight hours prior to the
time for said meeting; proof of which notice under oath shall be
produced by the recorder at any such meeting before any busi-
ness shall be transacted thereat.
Proof of
notice.
Reference of
petitions, etc.
§ 268-SEC. 3. All petitions, communications, resolutions,
by-laws, claims or other business presented at any meeting of
the common council shall, unless otherwise ordered by vote of
three-fourths majority of the members present, be referred by
COMMON COUNCIL.]
101
CITY OF MARQUETTE.
the presiding officer to an appropriate committee of said council
for consideration and report thereon, and the same shall not be
further acted upon by the council until a subsequent day, unless
by consent of three-fourths of the members present at such
meeting.
committees.
§ 269-SEC. 4. (As Amended 1895.) The mayor shall, on or Standing
before the first Monday in May of each year, appoint the fol-
lowing standing committees from the members of the common
council, said committees to consist of three members each,
to-wit:
1
Finance and taxation.
Streets and sewers.
Parks and cemeteries.
Public buildings.
Police, public order and litigation.
Ordinances, rules and legislation.
Purchases and claims.
Railways and public conveyances.
Public health.
Salaries and payrolls.
Licenses and trade regulations.
Pounds.
Harbors, wharves and navigation.
Vacancies.
Said appointments shall designate a member of each of said Chairman.
committees to be chairman, thereof, and all vacancies in said
committees shall be filled by appointment by the mayor as soon
as practicable after such vacancy shall occur.
service.
The members of said committees shall serve thereon during Term of
their terms of office as aldermen, or until their successors shall
be appointed by the mayor.
§ 270-SEC. 5. The order of business at every regular.meet- Order of
ing of the common council, unless suspended by a two-thirds business.
vote, shall be as follows:
1. Call of roll.
2. Reading and approval of the minutes of the preceding
meetings.
3. Presentation and references of petitions, communications
and claims.
4. Reports of standing committees.
5. Reports of special committees.
6. Reports of city officers.
7. Motions and resolutions.
8. Adoption of ordinances and by-laws.
9. Miscellaneous business.
10. Adjournment.
The regular order of business may be suspended at any meet- Suspension
ing by a majority vote.
of regular
order.
All motions and resolutions shall be reduced to writing if de- Motions, etc.,
sired by any member.
in writing.
how gov-
§ 271-SEC. 6. Subject to the foregoing rules the proceed- Proceedings,
ings of the meetings of the common council shall be governed erned.
by the ordinary parliamentary law.
102
[RELATIVE TO ORDINANCES.
ORDINANCES OF THE
Amendment
of rules.
These rules shall not be amended or repealed, except by the
affirmative vote of two-thirds of all the members of the common
council.
Record of
ordinances.
Repeal.
NUMBER 2.
AN ORDINANCE RELATIVE TO ORDINANCES.
ADOPTED MARCH 8, 1892.
It is hereby ordained by the common council of the city of
Marquette:
§ 272-SEC. 1. All ordinances and by-laws adopted by the
common council, shall immediately upon becoming law, be
transcribed at length by the recorder into a book to be kept by
him for that purpose and indexed; said book to be known as
"The Record of Ordinances and By-laws of the City of Mar-
quette." The originals of said ordinances and by-laws shall be
filed in the recorder's office, and due proof of the publication of
all ordinances and by-laws, required to be published, shall be
procured by the recorder and be by him attached to said
originals. [NOTE. The mayor and recorder are to authenticate
ordinances in the record. See § 204.]
§ 273-SEC. 2. All ordinances and parts of ordinances incon-
sistent herewith are hereby repealed.
Appoint-
ments, how
made.
NUMBER 3.
AN ORDINANCE PRESCRIBING THE MANNER OF EX-
ERCISING THE POWER OF APPOINTMENT.
AND CONFIRMATION OF CITY OFFICERS.
ADOPTED MAY 3, 1897 [SEE § 197].
The City of Marquette ordains:
$ 274 SEC. 1. All appointments made in pursuance of any
power conferred upon any officer by the charter of said city to
offices provided for therein requiring the confirmation of the com-
mon council, shall be in writing signed by the officer making
such appointment, and shall be presented for confirmation only
at some regular meeting of the common council, and all such
appointments shall be filed by the recorder and be entered at
and recorded. length in the minutes of such meeting.
When pre-
sented.
To be filed
PREFERRING CHARGES.] CITY OF MARQUETTE.
103.
Vote on
§ 275-SEC. 2. Votes upon the confirmation of all such ap- confirmation.
pointments shall be taken separately and by yeas and nays; but
no such vote shall be taken prior to the next regular meeting of When taken.
the common council succeeding the regular meeting at which
any such appointment is presented for confirmation, except up-
on motion that such vote be sooner taken, be adopted by a two-
thirds vote of all the aldermen elect, taken by yeas and nays.
meeting of
§ 276-SEC. 3. The common council shall meet at the council Regular
chamber on the third Monday in April in each year, at eight council.
o'clock p. m., which shall be deemed a regular meeting for the
transaction of any business properly presented, and at which
meeting appointments to office may be presented as at other
regular meetings of the common council.
NUMBER 4.
AN ORDINANCE TO PROVIDE FOR THE PREFERRING
OF CHARGES AGAINST OFFICERS AND
TRYING THE SAME.
ADOPTED JUNE 3, 1895.
The city of Marquette ordains:
how made.
and copy to
§ 277-SEC. 1. That whenever any inhabitant of the city Complaint,
shall make any complaint in writing and under oath, charging
any person appointed to office by the mayor or common council
by authority of the charter of the city or any person elected to
office in the city, with willful neglect of duty, misconduct, or
malfeasance or misfeasance in office, specifying therein the facts
upon which said charges are based; and shall file the said com- Complaint
plaint with the recorder, together with a true copy thereof; the be filed with
recorder shall present said complaint to the common council at recorder.
its next regular, adjourned or special meeting thereafter: Pro-
vided, that if any such complaint shall be made against the per- act, when.
son holding the office of recorder, said complaint and copy shall
be filed with the controller; in which case the controller shall
perform all the duties in relation thereto in this ordinance re-
quired of the recorder.
Controller to
investigation.
§ 278--SEC. 2. The common council, at any meeting thereof, Council may
may, in its discretion, by resolution order an investigation and order
trial of any of the charges contained in any such complaint, and
may order the taking of proofs thereon either before the com-
mon council or any standing committee thereof or any special
committee thereof to be selected in such manner as the common
council shall determine, and may authorize the employment of
counsel to prosecute said charges.
§ 279--SEC. 3. When the common council shall order the Taking
investigation and trial of any charges contained in any such proofs.
complaint they shall fix a time for commencing the taking of
104
ORDINANCES OF THE [PREFERRING CHARGES.
ing proofs.
proofs thereon, not less than six days thereafter; whereupon the
Notice of tak-recorder shall serve or cause to be served upon the accused per-
son at least four days before the time so fixed, a certified copy
of the action of the council in ordering said investigation and
trial and fixing the time for commencing the taking of proofs,
together with the copy of said complaint, either personally or
by leaving the same at the last place of abode of such person in
the city, or by depositing the same in the postoffice at the city
of Marquette, postage prepaid and directed to said person at
his last known place of address in the city.
Proceedings.
if accused is
not served,
§ 280-SEC. 4. The common council, or their committee
charged with said investigation, shall meet at the time so fixed,
as aforesaid, and, in case service has been made upon the ac-
cused person, as required in the preceding section, shall proceed
with all convenient speed and diligence to investigate said
charges and to take the proofs offered in support thereof and in
Adjournment defense of the same, and may adjourn from time to time for
that purpose. In case such service has not been made, adjourn-
ment may be had until the sixth secular day after the date of
publication of the minutes of the meeting of the council order-
ing such investigation and trial, at the same hour and place, at
which time and place they shall again assemble and proceed with
such investigation as though such service had been made. The
Proofs to be testimony taken by them shall be reduced to writing, together
with all objections thereto and all rulings made and exceptions
thereto; and, when taken by a committee, shall be reported to
the common council, together with the findings and recommend-
ations of said committee, as soon as practicable.
taken in
writing.
Time and
notice of
hearing.
Council to
meet for
hearing.
Private
deliberation
by council
Findings
separately.
Report of
findings.
§ 281-SEC. 5. Upon the coming in of said report the com-
mon council shall fix a time for hearing thereon, and shall cause
written notice thereof to be served on the accused person or his
attorney at least two days before the time fixed for said hearing,
in the manner above provided for service on the accused person
of the copy of the action of the common council and copy of the
charges against him. The common council shall meet in the
common council chamber at the time so fixed for said hearing
and shall then or as soon thereafter as practicable, proceed to
hear, try and determine said charges: Provided, That when
any such proofs are taken before the council, such hearing, trial
and determination may be proceeded with upon the closing of
the proofs, without further notice to the accused person.
§ 282-SEC. 6. Upon the close of such hearing the common
council shall exclude from the council chamber the accused and
all persons not members of the common council while deliber-
ating and determining upon said charges, and shall determine
upon each charge and specification thereof separately, whether
the accused is guilty or not guilty as charged, which shall be
determined by such vote thereon as is required for the removal
of the accused from office; and shall report their several findings
thereon in public session and cause the same to be entered in the
minutes of their proceedings; and in case the common council
CITY ENGINEER.]
105
CITY OF MARQUETTE.
removal by
shall so determine the accused to be guilty upon any of said
charges, such person may be removed from office upon such Vote on
vote of the aldermen elect as is required therefor by the charter yeas and
of the city, said vote to be taken by yeas and nays.
nays.
be public,
§ 283 SEC. 7. The meetings of the common council and Meetings to
committees thereof while engaged in any such investigation and when.
taking of proofs and trial, shall, except as above provided, be
public, unless, upon the request of the accused, the council or
committee, in their discretion, shall otherwise order. The accused Rights of
shall have the right by himself or attorney to participate in said accused.
investigation, to cross-examine the witnesses against him, make
objections, take exceptions, introduce testimony and be heard in
his own defense, and reasonable time and opportunity therefor
shall be given.
marshal
§ 284-SEC. 8. The city attorney and marshal shall, when City attorney
required, attend upon the said meetings of the council or any to attend,
such committee, and render such services as may be required in
relation to such investigation.
when.
NUMBER 5.
AN ORDINANCE PROVIDING FOR THE APPOINTMENT
OF A CITY ENGINEER, AND PRESCRIBING
HIS DUTIES.
ADOPTED APRIL 28, 1893.
The City of Marquette Ordains:
when made.
§ 285-SEC. 1. Whenever the common council shall declare Appointment,
by resolution that the services of a city engineer are necessary,
the mayor shall appoint a competent person to such office subject
to the approval of the common council.
§ 286 SEC. 2. Upon such appointment and approval, said Oath and
officer shall take and file with the recorder the constitutional bond.
oath of office, and shall execute and file with the recorder a bond,
in the penal sum of one thousand dollars with at least two
sureties to be approved by the common council conditioned for
the faithful discharge of the duties of his office.
§ 287-SEC. 3. The term of office of said city engineer shall Term of office.
be for the term of one year from the time of the filing of said
bonds, unless such appointment shall be sooner revoked by the
mayor and the common council. Such appointment may be re- Revocation of
voked and said office vacated by the mayor and common council appointment.
whenever they shall deem the services of said officer no longer
required.
§ 288-SEC. 4. The city engineer shall receive such compensa- Compensa-
tion as the common council shall from time to time, by resolu- tion and
tion prescribe; and warrants for the same shall be drawn on the
payment.
106
ORDINANCES OF THE [STREETS AND ALLEYS.
1
Duties of
engineer.
proper fund on the first secular day of each calendar month for
the services said officer rendered prior thereto.
§ 289--SEC. 5. It shall be the duty of the city engineer to pro-
cure to be made, all such surveys, plats, profiles, plans, diagrams
and engineering estimates, as may be required of him in the dis-
charge of their duties by any of the officers of the city, the
common council or committee thereof. He shall perform such
services as may be required of him by the common council in
establishing and changing the grades or routes of streets, and
the grades and routes of railways and street railways, and in
opening new streets in the city. He shall render such assistance
other officers. and engineering services, as may be required in the discharge of
their duties by the controller, city attorney, street commissioner,
park commissioner and cemetery commissioner. He shall,
To superin- under the direction of the common council, have charge of
performance and superintendence over the performance of all contracts
of contracts. with the city for the opening, grading, paving, macad-
To assist
tend
Monthly
reports.
Further
duties re-
quired.
He
amizing and improvement of streets; the laying of sewers and
drains, and the construction of vaults, catch basins, man-
holes, culverts, arches and bridges, and shall inspect and
accept or reject materials and labor therefor, unless, in
particular cases, the common council shall order such services to
be performed by some other officer or person; and when so act-
ing, he shall, in all cases, require rigid performance of all such
contracts in all particulars, except where changes therein are
specifically ordered by resolution of the common council.
shall make detailed monthly reports in writing to the common
council of all services performed by him, and of all works and
improvements done and services performed under his super-
vision during the preceding month and when required, shall
certify to the common council and controller estimates of work
being done under his supervision. He shall perform all such
other services and duties as shall, from time to time, be required
of him by the common council.
Official map
of city.
NUMBER 6.
AN ORDINANCE RELATIVE TO THE GRADING, PAV-
ING AND IMPROVEMENT OF STREETS, ALLEYS
AND PUBLIC PLACES, AND THE USE AND
PROTECTION THEREOF.
[ADOPTED JUNE 1, 1871.]
It is hereby ordained by the common council of the city of Mar-
quette:
§ 290-SEC. 1. There shall be procured by the recorder
a map or plat of the city of Marquette, on which shall be cor-
rectly delineated the several streets, avenues and public places
STREETS AND ALLEYS.] CITY OF MARQUETTE.
107
=
therein, with the names thereof, as well as the several blocks
that are laid out or platted, and the lots in each of said blocks,
with their numbers respectively, which said map, when approved
by the common council, shall remain in the recorder's office, and
shall be the official map of the city.
records.
§ 291-SEC. 2. There shall also be procured by the said re- Book of street
corder a suitable book for street records, in which he shall re-
cord the proper boundaries and descriptions of all highways,
streets, lanes and public grounds in the city, which have been
heretofore laid out, established and settled, and in which he
shall from time to time hereafter record the boundaries and de-
scriptions of all highways, streets, lanes, or public grounds
which shall hereafter be ascertained and described or laid out
and established by the common council.
§ 292-SEC. 3. It shall be the duty of the committee on Street com-
streets, bridges, sewers and public grounds, to ascertain and mitte's duty.
make a description of all such streets and highways in the city
as shall have been used for six years or more as public highways
or streets, and which have not been sufficiently described and
duly recorded, and to report such description to the common
council, and if the common council shall approve thereof they
shall order the same to be recorded in the office of the recorder
in said book of street records.
streets, etc.
§ 293 SEC. 4. Whenever the common council shall establish Profile of
and settle, or change, the grade of any street, highway, lane or
alley, in said city, they shall cause a profile of such grade to be
made and filed with the recorder, together with a full and accur-
ate description thereof, and such profile and description as also
those heretofore so filed, shall be deemed the official record of
such grade.
grade not to
§ 294-SEC. 5. The establishment and settlement of any Adoption of
grade as aforesaid, shall not be construed to authorize any authorize
party, person or firm to fill or excavate streets in front of their filling or
own or any other premises, until such streets have, by the com-
mon council, been ordered filled or excavated to grade.
excavation.
macadam-
§ 295-SEC. 6. All streets or public places hereafter ordered Planking and
to be planked or macadamized shall, unless the common council izing.
otherwise order, be planked or macadamized in the following
manner, after the same have been properly graded, to-wit:
planking.
1st. All such planking shall be constructed of good, sound Manner of
white pine or oak plank, not less than three inches in thickness,
and not more than twelve inches in width, resting upon sleepers
of the same materials, not less than two by six inches in size,
laid not over three feet from center to center, the earth to be
filled in flush with the top of the sleepers, each plank to be prop-
erly spiked to the sleepers at every bearing, the spikes to be
driven at such angle as to be properly toed through the plank
into the sleepers, all plank to be properly squared to make close
joints, and laid so as to break joints.
2nd. All such macadamizing shall be made of hard, well- Manner of
broken stone not more than two inches in diameter, and laid on izing.
macadam-
}
Į
108
[STREETS AND ALLEYS.
ORDINANCES OF THE
Pavement.
Improve-
ments at
charge of
private
property.
Cross-walks
and street
to the depth of at least eight inches, so placed as to form a hard
and smooth wagon road, with gutters on each side, at least eight
inches lower than the center of the street: Provided, That
whenever in the opinion of the street commissioner the nature
of the soil shall in any case render it desirable, the bottom or
lowest stones used in such macadamizing may be of larger size
than herein prescribed, the same to be of such size and laid for
such distance as he shall direct.
3rd. Whenever the common council shall order any Nicholson
pavement, or pavement other than herein specified to be laid, or
shall order bridges, culverts or other improvements on the
streets to be made, they shall by ordinance prescribe in what
manner and of what materials the same shall be constructed.
§ 296-SEC. 7. (As Amended 1898.) Whenever the com-
mon council shall desire to make any improvement, any portion
of which is to be at the charge of private property to be bene-
fited thereby, they shall proceed therein as prescribed by the
charter and ordinances of the city.
§ 297-SEC. 8. (As Amended 1898.) The cost of construc-
intersections. tion and repair of all cross-walks and of all other surface street
work within the intersection of cross streets, shall be at the ex-
pense of the city.
special
Collection of § 298 Sec. 9. (As Amended 1898.) All special assessments
assessments. for street improvements shall be collected in such manner as
may be authorized by the charter, and may be directed by the
common council or prescribed by the general ordinances of the
city.
Rebate of
special
§ 299-SEC. 10. (As Amended 1898.) The common council,
assessments. upon sufficient cause shown, may, where in their opinion injus-
tice may have been done, rebate any special assessment or por-
tion thereof, sufficient in amount to make such assessment just
and fair.
Application
of funds.
Cross-walks,
etc.. to be
paid out of
general road
fund.
Extension of
time of
collection.
Penalty.
§ 300-SEC. 11. All moneys collected on or by virtue of
such assessment shall be considered as appropriated exclusively
for the improvement for which the same was levied, and shall
be used for no other purpose.
§ 301-SEC. 12. The cost of the work within the lines of in-
tersections of cross streets and alleys, and also the cost of cross-
walks, shall be paid out of the general road fund.
§ 302-SEC. 13. (As Amended 1893.) The common council
may, by resolution, extend the warrant and time for collecting
assessments under this ordinance; but they shall not extend the
time more than one hundred and fifty days in addition to the
time provided for in section nine of this ordinance: Provided,
That for every thirty days or fraction thereof that any such as-
sessment shall remain unpaid after ninety days from the date of
such warrant, and during the life thereof, there shall be added
to such assessments and collected as a part thereof, two per
centum thereof, as a penalty, in addition to interest otherwise
provided for.
STREETS AND ALLEYS.] CITY OF MARQUETTE.
109
§ 303-SEC. 14. The common council, instead of collecting
any assessment provided for in this ordinance in the manner
prescribed in the ninth and tenth sections hereof, may direct a
suit to be commenced and prosecuted in the name of the city, in
any court of competent jurisdiction, for the recovery thereof,
in accordance with the provisions of section 22 of the 8th chapter
of the charter of the city of Marquette.
Suit may be
directed.
in streets.
§ 304 SEC. 15. No
person shall place, by himself or Obstructions
another, any stone, timber, lumber, planks, boards, bricks,
or other materials, in or upon any street, alley or other
public space, except for the purpose of building, and not for
that purpose except under permission first obtained from the
common council or street commissioner; and such materials
shall not be allowed to remain in such street, alley or other pub-
lic space after the completion of such building, or the part or
portion of such building for which the materials are required,
or for a longer period than three months, and the same shall
not be allowed to occupy and obstruct more than one-third of
any street or alley; and after such building has been completed
all building material, dirt and rubbish arising therefrom shall
be removed forthwith.
in streets
etc.
Banners,
§ 305-SEC. 16. (As Amended 1895.) No person shall, un- Digging etc.,
less authorized by the common council or the laws of the state, prohibited.
disturb or tear up any macadam, pavement, roadway, green-
sward, sidewalk or cross-walk, except to repair or renew the
same; or shall dig any hole, trench, ditch, cellar, area or other
excavation; or shall plant or erect any pole, post or other struc- Poles and
ture, except shade trees and hitching posts; or shall lay any posts.
pipe, conduit, ditch, drain, sewer, cable or wire; or shall hang, Pipes, ditches
train or string upon poles, posts or other structure any banner,
sign, rope, cable, wire, pipe or similar thing; in, under or upon gian, wires,
any portion of any street, avenue, alley or other public place in etc.
the city, or cause the same to be done; and no person authorized
so to do by the common council or the laws of the state, shall do
any of the acts above mentioned or cause the same to be done, Notice to
without notice first having been given to the street commis- missioner.
sioner and a permit in writing obtained therefor from the street
commissioner; and it is hereby made the duty of the street com- writing.
missioner, upon the receipt of any such notice to forthwith issue Duty of street
to the person, firm or corporation entitled thereto, a permit to commis-
do such work, and to give such reasonable directions in respect
of such work as he may deem for the best interests of the public,
and to enter in a record kept by him memoranda of all such
permits. No such permit shall be valid to authorize the doing
of any of the acts above prohibited in any different manner than
directed by the street commissioner.
street com-
Permit in
sioner.
person
It shall be the duty of every person disturbing or tearing up Duty of
any macadam. pavement, roadway, greensward, sidewalk or thorized to
crosswalk, or digging any hole, trench, ditch, cellar or area, or dig etc., in
planting or erecting any pole, post or other structure in any
street, avenue, alley or other public place, or causing the same
streets.
110
[STREETS AND ALLEYS.
ORDINANCES OF THE
To repair and to be done, to forthwith and as soon as practicable, repair and
replace
streets in
good order,
etc.
Barriers
around
Lights.
put such street or place in as good order and condition as before
such work was commenced, and to the satisfaction of the street
commissioner; and in returning the earth to any such hole or
other excavation every such person shall pound down the earth
so as to make it firm and solid, and carefully, and to the satis-
faction of the street commissioner, replace such earth, macadam,
pavement, roadway, greensward, sidewalk or crosswalk so dis-
turbed or dug up; replacing any material with new when re-
quired by the street commissioner; and any person digging in
excavations. any street, avenue, alley or other public place for any of the
purposes herein before mentioned, or for any purpose whatever,
shall erect and maintain good and sufficient fences, railings or
other barriers around such excavations and place and maintain
thereon in the night time proper lights and in such manner as
to prevent accidents and injury to persons and property. The
street commissioner shall in enforcing this section, act in ac-
cordance with such further ordinances or resolutions of the
common council as may from time to time be in force.
Conditions of § 306--SEC. 17. Any permission given under the foregoing
sections shall be upon the express condition that the person
asking for such permission, or for whose benefit such materials
are deposited or work done, or the owners of any lot in front of,
or on which such cellar may be dug, shall, in addition to the
Liability for penalties prescribed in this ordinance, be severally liable for all
damages which the city may incur by reason thereof, to be re-
covered by the city in an action of assumpsit; and all persons
asking and accepting such permission, or permitting materials
to be deposited, or work done under the same, shall be deemed
and considered to have consented and agreed to the terms and
conditions of this section, whether the same shall have been re-
ferred to, or such condition set forth in the resolution of the
common council granting such permission or not, and that this
section shall have the same force and effect as though a written
contract was entered into and executed between said city and
such person or persons.
permit.
damages.
Deposit of
earth,
prohibited.
§ 307-SEC. 18. No person shall throw, place, deposit or
rubbish, etc., leave in any street, highway, alley or public place, any earth,
ashes, rubbish, cordwood, plaster, mortar, stone, animal or veg-
etable substance, shells, cans, filth or any other article or sub-
stance whatever, except such building materials as he shall have
obtained permission to place thereon, in accordance with the
Earth not to fifteenth section hereof; nor shall any person without the per-
mission of the common council or the street commissioner, dig,
remove or carry away any earth or soil from any street, alley
or public place in the city.
be removed.
Notice to
remove
§ 308-SEC. 19. The mayor, any alderman or any city offi-
obstructions cer is hereby authorized to order any article or thing whatso-
ever which may encumber or obstruct any street, alley or pub-
lic place to be removed; and if such article or thing shall not be
removed within six hours after notice to the owner or person in

STREETS AND ALLEYS.] CITY OF MARQUETTE.
11.
obstructions.
charge thereof, or if the owner cannot readily be found for the
purpose of such notice, to cause the same to be removed to Removal of
some suitable place; and any article or thing which may be re-
moved in accordance with this section shall be advertised one Sale.
week and sold by the marshal, unless the same shall be sooner
reclaimed, and a penalty of five dollars and costs of removal and
sale paid by the owner thereof. The proceeds of such sale shall
be paid into the city treasury, and the balance, after deducting
the aforesaid penalty and costs, shall be paid to any person or
persons furnishing satisfactory proof of ownership.
vehicles in
§ 309-SEC. 20. No person shall leave any horse, mule, oxen Animals and
or team in any street, alley or public space, without being streets.
securely tied; and no person shall halt any wagon, cart, carriage,
sleigh or other vehicle on any cross-way or footway.
ww
buildings
§ 310-SEC. 21. (As Amended 1890.) No person shall re- Moving of
move or cause to be removed, or aid or assist in removing, any prohibited.
building into, along or across any street, alley or other public
space, without permission first obtained from the common coun- Permit.
cil or street commissioner, which permission shall limit the time
such building shall be allowed to be or remain upon such street,
alley or public space, and no building shall be allowed to remain
thereon for any longer time than may be specified in such per-
mission; and the owner of any building so removed, shall in Penalty.
addition to the penalty imposed by this ordinance, be liable to
the city for the damage done to any street, sidewalk, crossing,
bridge or other public property, in consequence of such removal.
Whenever any person shall be engaged in actually moving a Precautions.
building along any street in this city he shall securely close said
street by proper bars and signs at the nearest street crossing on
each side of said house, and shall stop all passage of teams
within the block occupied by such building.

ments.
§ 311-SEC. 22. No person shall erect or place any building, Encroach-
in whole or in part, upon any street, sidewalk or other public
ground in the city.
encroach-
§ 312-SEC. 23. The owner of any building, fence, porch, Removal of
steps, gallery or other obstruction now standing, or which may ments.
hereafter be erected or placed upon any street, alley, or side-
walk, or public ground in the city contrary to the provisions of
any ordinance of the city, or which may be left standing upon
any new street that has been or may be hereafter opened shall
remove the same within such reasonable time not exceeding
thirty and not less than three days, as he shall be required to do Notice.
by a notice in writing from the mayor, street commissioner or
any other city officer; and whenever the owner of any such
building shall refuse or neglect to remove the same after such
notice, or if the owner cannot readily be found for the purpose Encroach-
of such notice, the same shall be deemed a nuisance, and it shall deemed a
be lawful for either the marshal or street commissioner, and it is nuisance.
hereby made their duty to cause the same to be removed or taken Removal.
down at their discretion, in addition to the penalty imposed for
the violation of this ordinance, the expense thereof shall be re-
ments


12
[SIDEWALKS.
ORDINANCES OF THE
4
Կ
Penalty.
Resistance
prohibited.
Injury to
fences, trees,
etc., pro-
hibited.
Penalty for
violation.
Duties of
police.
coverable of the owner in an action of assumpsit, and every
person who shall oppose or resist the execution of the orders of
the marshal or street commissioner in the premises, shall be
deemed guilty of a violation of the provisions of section twenty-
one of the ordinance relative to the prevention of vice and
immorality, and the preservation of public peace and good
order", and punished accordingly.
§ 313-SEC. 24. No person shall fasten any animal to, or
destroy or injure any ferice, railing; ornamental or shade tree or
shrub, in or upon any public ground, street, alley or other pub-
lic place in the city.
$314-SEC. 25. Any violations of the provisions of this
ordinance shall be punished by a fine of not less than two dollars,
and not exceeding one hundred dollars, in the discretion of the
court, before which a conviction shall be had.
§ 315-SEC. 26. It is hereby made the duty of the marshal
marshal and and his deputies, any member of the police, and the street com-
missioner, to see that the provisions of this ordinance are faith-
fully observed, and to make complaint for all violations of the
same.
Superinten-
dence of
street com-
missioner.
Width in
business
district.
Width in
other
portions.
NUMBER 7.
AN ORDINANCE REGULATING THE CONSTRUCTION
OF SIDEWALKS, PROVIDING FOR THE COLLEC-
TION OF ASSESSMENTS THEREFOR, AND
PROHIBITING ENCROACHMENTS
THEREON.
[ADOPTED MAY 29, 1871.]
It is hereby ordained by the common council of the city of Mar-
quette:
316-SEC. 1. (As Amended 1895.) All sidewalks which
shall hereafter be laid in the streets or avenues of the city, shall
be constructed under the superintendence and to the satisfaction
of the street commissioner.
§ 317-SEC. 2. (As Amended 1895.) All sidewalks con-
structed on Front street between Bluff and Rock streets; on
Superior street between Lake and Third streets; on Washington
street between Front and Fourth streets, and on Third street be-
tween Main and Bluff streets, shall, unless the common council
shall otherwise direct, be of the width from the street line to
the curb line on either side thereof, and all sidewalks construct-
ed on any other street or avenue in the city shall, unless the
common council shall otherwise direct, be of the uniform width
of five feet and four inches, the inner edge thereof to be four
SIDEWALKS.]
113
CITY OF MARQUETTE.
feet from the street line unless otherwise ordered by the com-
mon council; and the grade of all sidewalks, unless otherwise Grade.
ordered by the common council, shall be the same as the grade
of the center of the street on which they are constructed, oppo-
site the same.
How laid.
§ 318-SEC. 3. (As Amended 1895.)
All sidewalks shall, Material.
unless the common council shall otherwise direct, be constructed
of good, sound, pine plank not less than two inches in thickness,
and not to exceed eight inches in width, laid on and at right
angles with firmly planted sound pine or hemlock sleepers,
three inches by six inches in size; plank to be firmly nailed to
the sleepers with at least two spikes, not less than twenty penny
in size at each bearing; plank to be laid at right angles with the
course of the street; with at least three such stringers so laid as
to break joints.
other than
struction or
§ 319-SEC. 4. (As Amended 1895.) Sidewalks may, in- Material
stead of plank, be constructed of brick, flagging, stone or con- plank.
crete: Provided, the same is laid of quality equal to sample
thereof, to be approved by the street commissioner.
§ 320-SEC. 5. (As Amended 1895.) Whenever the com- When con-
mon council shall by resolution or ordinance order the construc- repair
tion or repair of any sidewalk by the respective owners and oc- directed.
cupants of the lots and parcels of land adjoining which said side-
walk is located, it shall be the duty of such owners and occu-
pants, within such time not less than six days after notice there-
of, and the common council shall in said resolution or ordinance
direct, to construct or repair or cause to be constructed or re-
paired, those portions respectivly of said sidewalk in front of
their said lands respectively between the side lines of their re-
spective lots extended at right angles to the course of the street
upon which said sidewalk is located; and it shall also be the duty Duty of
of the respective owners and occupants of lots adjoining which owners, etc.
sidewalk is so ordered to be constructed or repaired, and cor-
nering upon streets intersecting any street upon which such
sidewalk is so ordered to be constructed or repaired, and within
said time, to construct or repair, or cause to be constructed or
repaired, such additional portions of any such sidewalk as may
be located between the nearest curb lines of said intersecting
streets, and such portions of said sidewalk in front of said cor-
ner lots respectively between said side lines thereof extended as
aforesaid.
§ 321-SEC. 6. (As Amended 1895.) Notice of any such Minutes
resolution or ordinance requiring the construction or repair of notice.
any sidewalk shall be given to the persons whose duty it shall
be under the preceding section of this ordinance to construct or
repair any portion of such sidewalk by publication of said reso-
lution or ordinance ordering such improvement in the minutes
of the proceedings of the common council; and it shall be the Notice to
duty of the street commissioner to serve or cause to be served construct or
upon each resident owner of each lot or parcel of land in front
of and adjacent to which said sidewalk is so required to be con-
repair.
114
[SIDEWALKS.
ORDINANCES OF THE
How notice
served.
structed or repaired, if known to him, and if the owner be a
non-resident of the city, then upon each resident occupant of
cach said lot or parcel of land, a certified copy of said resolu-
tion or ordinance, either personally of by leaving the same at
the place of residence of any such owner or occupant with any
person deemed of suitable age and discretion, and who is in the
employ or who is a member of the household of such owner or
occupant, or by leaving the same at the place of business or em-
ployment of any such owner or occupant, if in the city, with
any person deemed of suitable age and discretion, and who is
the employer or who is in the employ of such owner or occu-
pant; but in case no person shall be found upon whom to make
said service as aforesaid within four days after the adoption of
any such resolution or ordinance ordering such improvement, a
certified copy of the same shall be posted in a conspicuous place
on the premises of any such owner or occupant not so found, in
front of and adjacent to which premises any portion of said
sidewalk shall be located, but in all cases the publication in the
minutes of the proceedings of the common council of such reso-
lution or ordinance shall be deemed sufficient notice of said
action of the common council to all persons. Affidavits of such
and service. publication and of service and posting shall be filed with the re-
corder.
Proof of
publication
Failure of
owner to
comply.
City may
construct.
§ 322--SEC. 7. (As Amended 1895.) Upon the failure of
any such owner or occupant to construct or repair any portion
of such sidewalk so ordered to be constructed or repaired, as
aforesaid, or cause the same to be done and to complete the
same within the time required therefor, upon the order of the
common council that such portion or portions of such sidewalk
be constructed, repaired or completed by the city and that the
expense thereof be assessed upon the premises in front of which
the same are located; it shall be the duty of the street com-
missioner to forthwith construct or repair and complete the
Expense to be same as the case may be, and certify to the controller the ex-
pense of each said portion thereof so constructed, repaired and
completed by him in front of any of such lots or parcels of
Assessment land respectively; whereupon the controller shall prepare a
special sidewalk assessment roll assessing thereon against each
such lot and parcel of land respectively the said expense of said
portion of said sidewalk so certified to him, and to submit said
roll to the common council for its action thereon.
certified.
of cost.
Review by
council.
Notice of
review.
Collection.
Owners to
323--SEC. 8. (As Amended 1895.) The common council
shall thereupon fix a time for the review, correction and adop-
tion of said roll; five days' notice of which shall be given by the
recorder by publication thereof in a newspaper of said city, at
which time or thereafter the common council, after such review
and correction thereof as they shall deem proper, adopt and
confirm the same, and it shall be the duty of the proper officers
to collect the same as in case of other special asssessment rolls.
§ 324 SEC. 9. (As Amended 1895.) All sidewalks in the
good order. city shall be kept in good order by the owners and occupants of
keep walks in
SIDEWALKS.]
115
CITY OF MARQUETTE.
the lots and premises adjoining which the same are located; and
when in the opinion of the street commissioner the public con-
venience or safety shall require the immediate repair of any Notice to
sidewalk he shall serve or cause to be served upon any resident repair.
owner of the lot or parcel of land adjacent to which such side-
walk is located, if known to him, and if the owner be a non-
resident of the city then upon each resident occupant of said lot
or parcel of land, a notice to forthwith repair said sidewalk,
which notice shall be served either personally or by leaving the How served.
same at the place of residence of any such owner or occupant
with any person deemed of suitable age and discretion and who
is in the employ or who is a member of the household of such
owner or occupant, or by leaving the same at the place of busi
ness or employment of any such owner or occupant, if in the
city, with any person deemed of suitable age and discretion who
is the employer or who is in the employ of any such owner or
occupant; it shall be the duty of any such owner or occupant so Duty of
served with such notice to forthwith and within twenty-four Owners and
hours after the service of such notice to repair such sidewalk or
cause the same to be repaired. Any person who shall neglect Penalty.
or refuse to repair or cause to be repaired any sidewalk, after
notice as aforesaid or notice of the action of the common coun-
cil ordering any such repairs, shall, on conviction thereof forfeit
and pay a fine of five dollars for each offence, together with the
costs of prosecution not exceeding one hundred dollars in all.
Occupants.
missioner, to
§ 325-SEC. 10. (As Amended 1895.) In case no person can be Duty of com-
found upon whom service of the notice mentioned in section nine construct.
above can be made; and also upon the failure of any such owner
or occupant so served to repair any such sidewalk, within twenty-
four hours after service of such notice, it shall be the duty of
the street commissioner to forthwith cause such sidewalk to be
repaired, and to certify his doings in the premises and the cost
and expense of said repairs to the controller whose duty it shall
be to prepare and submit to the common council a special side-
walk assessment roll, 'assessing thereon against such lot or parcel Expense to be
of land, the said cost and expense of said repairs, and to submit
the same to the common council for its action thereon, and the
same proceedings shall be had thereon and with like effect as is
provided in section eight of this ordinance.
assessed.
and encroach-
§ 326--SEC. 11. No porch, gallery, stoops, steps, stair rail- Obstructions
ing or platform shall be allowed to extend into or upon any ments.
sidewalk, nor shall any cellar door rise or project above the sur-
face of the sidewalk more than one inch at the outer edge, or
three inches at the side next the building, nor shall the hinges
thereof, or any other thing connected therewith, project or rise.
above the door; nor shall any staple, lock or other fastening be
placed upon the upper side thereof, and no area beneath the sur- Protection of
face of the sidewalk shall be allowed without sufficient grating areas.
or other protection, under a penalty of five dollars for each of Penalty.
fense, to every person violating any provision in this section;
and a like penalty for every day such violation shall continue
116
[SIDEWALKS.
ORDINANCES OF THE
Posts in
streets.
Penalty.
Ilitching
posts.
Awnings, how
constructed.
Penalty.
Goods in front
of stores.
Penalty.
walks.
after a lapse of three days after notice by the marshal or street
commissioner to remove the same.
§ 327-SEC. 12. No sign post or other posts, except hitching
posts, as hereinafter provided, shall be erected or placed, or if
hereafter erected, be permitted to remain in or upon any side-
walk or street, or other public way, under a penalty of five dol-
lars, and a like penalty for every day such post shall be allowed
to remain after notice to the owner or occupant of the premises
from the marshal or street commissioner to remove the same:
Provided, Nothing herein contained shall prevent the erection
one and not to exceed two posts in front of each building for
the purpose of hitching horses, and which, if of wood, shall not
be less than four inches in diameter, and not to exceed four feet
in height; and be placed in a line within the outer edge or curb
of the sidewalk.
§ 328-SEC. 13. All awnings shall be covered with cloth,
leather, or other light substance, and securely attached to the
building, and properly supported, without posts, by iron or
other metallic fastenings and supports, and shall be elevated at
least eight feet at the lowest part thereof above the top of the
sidewalk, and shall not project over the sidewalk to exceed three-
fourths of the width thereof, so as to leave the sidewalk wholly
unobstructed thereby. No such awning shall be erected or re-
paired, either wholly or in part of wood. Any person who
shall erect any awning contrary to the provisions hereof, or per-
mit any such, heretofore erected, to remain, shall be subject to
a penalty of five dollars for every offense, and to the further
penalty of five dollars for every day he shall fail to comply
with a notice, after a lapse of three days from the service there-
of, from the marshal or street commissioner to remove the
same.
$ 329-SEC. 14. No clothing, goods, wares, merchandise,
signs, boxes, or other article or thing, shall be placed in front
of any store, shop or other place in said city, on or above the
sidewalk, so as to occupy more than three feet next to the build-
ing or premises on such sidewalk, under a penalty of five dollars
for each offense, and a like penalty for every twenty-four hours
the same shall remain after being requested by any city officer
to remove the same.
Goods, etc. on § 330-SEC. 15. No person or persons shall place or keep
upon or suffer to be placed or kept upon any sidewalk any
goods, wares or merchandise which he or they may be receiv-
ing or delivering, without leaving a passage way clear upon
such sidewalk where such goods may be, of six feet wide for the
use of foot passengers; and no such person or persons receiving
or delivering such goods shall suffer the same to be or remain
on such sidewalk (subject nevertheless to the foregoing restric-
tion), for a longer period than twelve hours; and any person or
persons violating any of the provisions of this section shall for-
feit and pay to said city a sum not less than three dollars, nor
more than ten dollars, and shall be subject to a like penalty for
Penalty.
SIDEWALKS.]
117
CITY OF MARQUETTE.
each hour the said goods or any part thereof, shall remain as
aforesaid, after notice from any city officer to remove the same.
crowds.
§ 331-SEC. 16. It shall not be lawful to gather or stand loi- Loitering in
tering in crowds on any sidewalk in the city, so as to incumber
the same or to obstruct or interfere with foot passengers there-
on, under a penalty of not less than one dollar and not exceed- Penalty.
ing three dollars for each and every person violating the pro-
visions of this section.
Animals not
to obstruct
vehicles not
§ 332-SEC. 17. No person shall fasten any horse, team, or
other animal or animals in such a way that said horse, team, walks.
animal or animals or any vehicle to which the same may be at-
tached, shall be an obstacle to the free use of the sidewalk; or
drive; load, or back any horse, mule, ox, cow, or other animal Animals and
or team, or cart, or wheel carriage, or vehicle of any descrip- to be on
tion, upon or along any sidewalk, unless it be in crossing the
same to go into a yard or lot where no other suitable means of
access is provided, under a penalty of not less than one dollar Penalty.
nor more than ten dollars for each offense.
walks.
to be removed
§ 333--SEC. 18. The occupant, or owner, if there be no oc- Snow and ice
cupant, of each and every tenement, building and lot, fronting from walks.
upon any street, the sidewalk of which shall be of plank, stone,
brick or concrete, shall clear the sidewalk in front of such tene-
ment, building or lot, of snow and ice by ten o'clock in the fore-
noon of each day, after the cessation of any storm of snow or
sleet, and keep the same clear of such snow or ice, under a pen-
alty of two dollars for each failure to do so, and a like penalty Penalty.
of two dollars for every twelve hours such sidewalk shall re-
main encumbered with ice and snow.
obstructions
§ 334-SEC. 19. The marshal or street commissioner is auth- Removal of
orized to cause any obstruction, encroachment, article or thing and encroach-
which may be in violation of the provisions of this ordinance, to ments.
be removed, within a reasonable time after notice served upon
the owner or occupant of the premises where such violation oc-
curs, or, without notice, when no such owner, agent or occupant
can be found, and the owner, agent or party causing such viola-
tion shall pay all expenses and costs of removal, in addition to
the penalties aforesaid. Any person who shall wrongfully in- Interference
terfere with such removal shall be fined not less than ten dollars
nor more than twenty-five dollars, and may be imprisoned in Penalty.
the county jail not exceeding thirty days, at the discretion of
the court before which a conviction shall be had.
prohibited.
118
[SEWERS—DRAINAGE.
ORDINANCES OF THE
Supervision
of street com-
missioner.
Permits to be
taken.
on grounds.
Contents of
permit.
NUMBER 8.
AN ORDINANCE TO REGULATE AND CONTROL THE
CONSTRUCTION OF HOUSE SEWER CON-
NECTIONS AND HOUSE DRAINAGE.
ADOPTED JANUARY 5, 1891.
It is hereby ordained by the common council of the city of
Marquette:
§ 335-SEC. 1. The sewers, drains, vaults, urinals and sewer
gas, waste and grease traps and everything pertaining to house
drainage shall be under the care and control of the street com-
missioner, to whom all applications for permits or other infor-
mation should be made.
§ 336-SEC. 2. Permits shall be taken out in each special
case in the name of the owner, agent or person in whose interest
the work is to be done, before the work is commenced, and in no
Permit to be case shall such work be commenced and prosecuted unless such
permit is on the grounds and in possession of the person doing
the work: Each permit shall designate the street and number
of the house and sub-lot and shall include such definite descrip-
tion of the premises as to clearly define the location of the same
upon the map.
§ 337-SEC. 3. All connections with the main or branch
sewer shall be made at the regular connections or junctions,
built in the same, except by special permit from the street com-
missioner.
Sewer
connections.
Branch
junctions.
Sealing of
unused
junctions.
Grease traps.
§ 338-SEC. 4. All branches shall be made with slant or "Y”
junctions; and in no case shall square or straight junctions be
used nor shall openings be cut or broken into the sewer for the
purpose of making such connections; but in all cases where con-
nections are to be made where no junction has been provided, a
a length of pipe shall be removed and a piece inserted with the
proper junction upon it. The junctions not intended for
immediate use shall have their ends closed water tight with
brick or stone and cement.
§ 339-SEC. 5. No connection shall be made with any of the
public sewers of said city for the purpose of draining any house
or other structure unless such connecting sewer or drain shall be
provided with a suitable grease trap through which must pass
Applications all sewerage matter containing grease; and all applications for
for permits. permits, as provided in sections one and two of this ordinance,
shall contain a statement signed by the person in whose interest
the work is to be done or by his or her agent, that a suitable
grease trap has been built as required by this section; and no
permit shall be valid unless such grease trap has previously
been constructed.
Health officer § 340-SEC. 6. All cesspools, vaults and other like recep-
tacles for sewer drainage now constructed and those which may
to control
cesspools.
STREET NUMBERS.]
119
CITY OF MARQUETTE.
hereafter be constructed upon streets where no proper sewerage
is provided, shall be under the care and control of the health
officer and shall be constructed, ventilated and emptied as he shall
direct.
cesspools
§ 341-SEC. 7. On and after the passage of this ordinance no Use of
house, sewer, drain or waste pipes from any buildings or prem- prohibited,
ises shall be discharged into the cesspool, vault and other like when.
receptacle where such building or premises is provided with
proper sewerage accommodation with which the same can be
connected, and if at any future time such premises are provided
with proper sewerage accommodations the further use of such
cesspools, vaults etc, shall be discontinued and the proper sewers
and drains constructed whenever the health officer shall deem Duty of
the public health demands it.
health officer.
punishable.
§ 342-SEC. 8. Every person violating any of the provisions Violations
of this ordinance or disobeying or neglecting to comply with
any lawful direction, given under this ordinance by any officer
of said city, shall upon conviction thereof before any court of
competent jurisdiction be punished by a fine of not less than five Penalty.
nor more than one hundred dollars, or by imprisonment not
more than thirty days, or both such imprisonment and fine, in
the discretion of said court.
NUMBER 9.
AN ORDINANCE TO PROVIDE FOR THE NUMBERING
OF LOTS AND BUILDINGS IN THE CITY OF
MARQUETTE.
ADOPTED JULY 30, 1887.
It is hereby ordained by the common council of the city of Mar-
quette:
§ 343-SEC. 1. On all streets and avenues in the city of Mar- Street
quette the buildings and lots shall be assigned numbers in ac- numbers.
cordance with the plans prescribed by this ordinance.
§ 344-SEC. 2. Buildings and lots on all east and west streets East and west
shall be numbered from Front street as a base line, one hundred streets.
numbers being assigned to each block and the numbers increas-
ing towards the east and towards the west. The even numbers Manner of
shall be on the right hand side advancing from the base line in numbering.
either direction.
south streets.
§ 345-SEC. 3. Houses and lots on all north and south North and
streets shall be numbered each way from Washington street as
a base line, the numbers increasing north and south from that
street, commencing at one hundred, and assigning one hundred Manner of
numbers to each block; the even numbers shall be on the right numbering.
120
[SPECIAL ASSESSMENTS.
ORDINANCES OF THE
Streets, how
designated.
Buildings to
be numbered.
Penalty.
hand of said streets, advancing in either direction from the base
line.
§ 346-SEC. 4. For the purpose of this ordinance all streets
shall be designated north, south, east or west, with reference to
the direction of the street from the base line.
§ 347-SEC. 5. The owners and occupants of all buildings in
said city shall cause the correct numbers to be placed thereon in
accordance with the foregoing plan. Such numbers shall be not
less than two inches long and shall be placed on the front of
said buildings in a conspicuous place. All persons failing to
comply with the provisions of this ordinance within ten days
after it takes effect shall be fined not less than three and not
more than ten dollars, and a like fine for every forty-eight hours
of a failure to comply after the first conviction.
§ 348-SEC. 6. This ordinance shall take effect and be in
force on and after the first day of August, 1887.
Collector's
fees.
Controller's
warrant.
Contents of
warrant.
NUMBER 10.
AN ORDINANCE FOR THE COLLECTION OF SPECIAL
ASSESSMENTS FOR PUBLIC IMPROVEMENTS.
ADOPTED MArch 5, 1894.
The city of Marquette ordains:
§ 349-SEC. 1. Upon the completion of any special assess-
ment roll whereon is assessed the cost and expense of any im-
provement authorized by the charter or ordinances of the city of
Marquette, the amount of such assessment, together with one
per cent thereof in addition, as collector's fees, shall be collected
in the following manner;
§ 350-SEC. 2. It shall be the duty of the controller to attach
to such roll a warrant in due form, signed by him and directed
to the city treasurer, commanding such treasurer to collect from
the several persons named in said roll, the several sums men-
tioned in said roll opposite their respective names, and to retain
in his hands the amount of one per cent fees on collection, and
hold the balance subject to the order of the common council; and
the said warrant shall authorize and direct the city treasurer, in
case any person named in the assessment roll shall neglect or re-
fuse to pay his assessments, to levy the same, by distress and
sale of the goods and chattels of such person; and further com-
manding said treasurer to make returns to the common council
within thirty days thereafter, unless the said warrant and the
time for collecting said assessments shall be extended by the
common council, and in which case he shall make due returns
upon the expiration of the time to which said warrant and time
TAX SALES.]
121
CITY OF MARQUETTE.
Treasurer to
for collecting said assessments shall be extended; and deliver
said roll with said warrant to the said treasurer for collection.
§ 351-SEC. 3. It shall be the duty of the city treasurer, llect.
Test.
upon the receipt of such assessment roll, to proceed at once to
collect such assessments as he is in the warrant thereto attached
commanded; and he shall at the time limited for the return of Return.
such warrant and roll return the same to the recorder, and shall,
in such roll, indicate the names of all persons who have not paid
their assessments thereon, together with a description of the
premises upon which the same was assessed, and also a descrip-
tion of the premises, the owners or occupants of which are not
known, and upon which there are unpaid assessments; whereupon,
said premises, upon which said assessment remains unpaid, shall
be advertised and sold in the manner provided by the ordinances Sales.
of the city relating to the sale of lands for delinquent assess-
ments and redemption thereof.
§ 352-SEC. 4. All moneys collected on or by virtue of any Disposition of
such assessment shall be considered and treated as appropriated moneys.
exclusively for the improvement for which the same was levied,
and shall be used for no other purpose.
time for
§ 353-SEC. 5. The common council may, by resolution ex- Extension of
tend the warrant and time for collecting assessments under this collection.
ordinance; but they shall not extend the time more than one
hundred and fifty days in addition to the thirty days provided
for in section two of this ordinance: Provided, That for every
thirty days or fraction thereof that any such assessments shall
remain unpaid after ninety days from the date of such warrant,
and during the life thereof, there shall be added to such assess- Interest
ments and collected as a part thereof, one per centum thereof, as penalty.
a penalty, in addition to interest otherwise provided for.
collection.
§ 354 SEC. 6. The common council may direct suit to be suits for
commenced and prosecuted in the name of the city in any court
of competent jurisdiction, for the collection and recovery of any
such assessment, in lieu of the method of collection herein pro-
vided for.
NUMBER 11
AN ORDINANCE RELATIVE TO THE SALE OF LANDS
FOR DELINQUENT ASSESSMENTS AND RE-
DEMPTION THEREOF.
ADOPTED APRIL 4, 1872.
It is hereby ordained by the common council of the city of
Marquette:
§ 355-SEC. 1. Whenever the city treasurer shall make due Delinquent
returns that any assessment authorized by virtue of any ordin- return.
ance of the city of Marquette, remains due and uncollected, it
122
[TAX SALES.
ORDINANCES OF THE
sell.
Recorder to shall be the duty of the recorder to proceed and sell any lots or
parcels of real estate on which any such assessment shall be a
lien in the manner hereinafter prescribed.
Recorder to
make list.
list.
§ 356-SEC. 2. (As Amended 1896). After any such return
the recorder shall make out a list of all the lots and parcels of
real estate on which any such assessment remains due and un-
Contents of paid, with the name of the owner or owners thereof, so far as
he can ascertain the same, and the amount of unpaid assess-
ments due on each lot or parcel of real estate and penalties due
for non-payment of the same when due, with interest on the
amount of said assessments and penalties from the time of such
return to the day on which such lots or parcels of real estate are
to be sold as hereinafter provided, at the rate of eight per cent
per annum, together with the costs of advertising, calculated
upon each description of real estate by dividing such charges by
the whole number of descriptions to be advertised together, and
one dollar for expenses of sale and conveyance of each such de-
Notice of sale. scription, and shall cause such list to be published in a public
newspaper of the city, at least once in each week for six success-
ive weeks previous to the day of sale, with a notice thereto at-
tached, that each lot or parcel of real estate described in said
list, or so much thereof as will be necessary to pay the assess-
essment thereon, together with the interest and costs aforesaid,
will be sold by the recorder at his office on a day to be therein
Affidavit of specified. An affidavit of the publication of such list and notice.
shall be procured by the recorder and placed on file in his office.
§ 357-SEC. 3. If the owner or owners, occupant or occu-
pants, or parties in interest in any such lot or lots or parcel or
parcels of real estate, do not pay such assessments with the in-
terest and costs aforesaid thereon, on or before the day desig-
nated in the notice of sale, the recorder shall on that day pro-
ceed to sell the said lots or parcels of real estate, on which the
assessments and charges aforesaid shall not have been paid as
aforesaid, or so much of each lot or parcel thereof as shall be
sufficient to pay the assessment, interest and costs thereon, as
aforesaid, and shall continue the sale from day to day (Sundays
excepted), if necessary, until so much of each of said lots or par-
cels of real estate shall be sold as shall be sufficient to pay
the assessment, interest and charges thereon as aforesaid.
Provided, That every lot or parcel of land embraced in said
To be bid off notice, not sold or otherwise disposed of, shall be bid off to the
publication.
Sale if not
paid.
Manner of
sale.
to city, when.
If less than
whole lot
sold.
by the recorder.
city 358. Sr. 1. In case less than the whole of any lot or par-
cel of real estate described in the list aforesaid shall be sold for
the assessment, interest and cost thereon as aforesaid, the por-
tion thereof sold shall whenever practicable, be taken from one
of the sides of said lot or parcel of real estate, and be bounded
by the two end lines and one of the side lines of such lot or par-
cel, and a line running parallel with such side lines at right
angles to the street on which the same is situated, but when in
the judgment of the recorder such division would not be practi-
TAX SALES.]
123
CITY OF MARQUETTE.
cable, or would operate unjustly or oppressively on the owner
or owners of said lot or parcel, the portion thereof to be sold
may be taken therefrom by some other method of division, to
be determined and stated by the recorder.
amounts bid.
§ 359-SEC. 5. The recorder may at his discretion require Payment of
immediate payment of any person to whom any such lot or par-
cel of real estate or any portion thereof may be struck off, and
in all cases where payment therefor is not made within twenty-
four hours after such sale he may be declare the bid cancelled,
and at his discretion sell the same lot or parcel of real estate Re-sale.
again; and the recorder shall immediately upon the payment of
the amount received for such sales, pay the same over to the
city treasurer, taking his receipt therefor.
cit
of sale.
§ 360 SEC. 6. At the sale aforesaid the recorder shall give Certificate
to the purchasers on the payment of their bids, a certificate in
writing, describing each lot, or parcel of real estate purchased
by them severally and the amount paid therefor, and such certi-
ficate shall be regularly numbered and a copy of each shall be
filed in the office of the recorder.
how deed
§ 361--SEC. 7. On presentation of such certificate of sale to When and
the recorder after the expiration of the time hereinafter pro- executed.
vided for the redemption of the lot or parcel of real estate sold
as aforesaid, unless the same shall have been previously redeemed
as hereinafter provided, the mayor and the recorder shall, in the
name of and for the city, and under the corporate seal thereof,
execute and deliver to the purchaser, his heirs or assigns, a
proper deed of the lot or parcel of real estate, described in such
certificate, duly acknowledged in the manner provided by law.
§ 362-SEC. 8. The recorder shall immediately upon such Record of
sales make a correct record of all the lots or parcels of real estate
sold as aforesaid, showing the time when the assessments were
levied, and the amount thereof, the interest, costs, and charges
thereon, the time when the same were sold and the names of the
purchasers, with such other entries as may be necessary, and
shall deposit such record in the office of the treasurer.
sales.
from sales.
§ 363 SEC. 9. Any person owning any of the lots or parcels Redemption
of real estate sold as aforesaid or any interest therein, may at
any time within one year next succeeding such sale, redeem such
lot or parcel of real estate, or any interest therein, by showing
'to the satisfaction of the treasurer, that he owns that part or
interest in the same which he proposes to redeem, and by pay-
ing to the treasurer the amount for which the same was sold, or Interest
such portion thereof as the part or interest redeemed shall penalty.
amount to, with interest thereon at the rate of twenty per cent.
per annum, of which interest fifteen per cent. shall be paid by
the treasurer to the purchaser, and five per cent. shall belong to
the city, and be passed to the credit of the general fund; and
the treasurer shall refund to the purchaser of such lot or parcel Refund to
of real estate, on return of the certificate of sale, the amount
purchaser.
paid for the redemption thereof, together with the interest
aforesaid.
}
124
[CITY POLICE.
ORDINANCES OF THE
redemption.
Certificates of § 364-SEC. 10. Upon the payment to the treasurer of the
redemption money and interest as aforesaid, he shall issue dupli-
cate certificates of redemption in the usual form, and shall make
an entry of the number of each certificate the time when and the
amount for which it was given, and the name of the person
paying the same; one of such certificates shall be delivered to
the person making the payment and the other shall be filed in
the office of the recorder.
Treasurer to
sell, when.
Duty of
treasurer.
City's inter-
ests may be
purchased.
Deed.
§ 365-SEC. 11. If on the day mentioned in the notice of the
sale the recorder shall neglect or from any cause be unable to be
present at and conduct the sale, then it shall be the duty of the
treasurer to proceed with such sale in the same manner and with
like effect as if the same had been conducted by the recorder,
and in such case the treasurer shall receive payment of bids,
make the like returns, issue certificates of purchase, and make
the same record and perform such other acts in relation thereto
as are hereinbefore required of the recorder.
§ 366-SEC. 12. Any person may purchase the interest
acquired by the city in any lot or parcel of real estate bid in by
the city at any such sale, upon making and filing with the re-
corder an application therefor, and paying to the treasurer the
amount for which the same was bid in by the city, with interest
thereon at the rate of ten per cent. per annum from the time of
such sale to the day of making such application and payment;
and in such case the mayor and recorder shall execute to such
purchaser under the corporate seal of the city, a deed conveying
all the right, title and interest of the city, in and to such lot and
parcel of real estate acquired by such sale.
Police force,
who are.
How
appointed.
NUMBER 12.
AN ORDINANCE PROVIDING FOR THE ORGANIZA-
TION OF A CITY POLICE.
ADOPTED APRIL 4, 1872.
It is hereby ordained by the common council of the city of
Marquette:
§ 367-SEC. 1. The police force of the city of Marquette
shall consist of the marshal, who shall be ex-officio chief of po-
lice, and such number of policemen as may from time be author-
ized by the common council, which number may be increased or
diminished at any time by the common council.
§ 368-SEC. 2. The members of said police force shall be
appointed by the common council, to serve (except the marshal),
during the pleasure of the common council, and may be re-
moved at any time. They shall severally take and subscribe an
CITY POLICE.]
125
CITY OF MARQUETTE.
sation.
oath for the faithful performance of their duties as members of Oath of office.
the police force, which oath shall be filed in the recorder's office,
and they shall receive such pay for their services when actually Compen-
employed as members of the police force as the common council
may from time to time determine. Any member of the police
force may resign and withdraw therefrom by presenting his Resignations.
written resignation at any regular or special meeting of the
common council.
peace, etc.
§ 369-SEC. 3. It shall be the duty of the several members of To preserve
the said police force, within the limits of the city of Marquette,
under the general direction of the chief of police, to preserve
the public peace, to prevent crime, and arrest offenders, to pro-
tect rights of persons and property, to preserve order, to re-
move nuisances existing in the public streets and elsewhere, to
protect property at fires, to quell riots and disturbances, and
generally to the best of their ability enforce the laws and or-
dinances throughout the city. They shall obey the lawful or- To obey
ders of the chief of police, and comply with such rules and reg- rules.
ulations as may be adopted by him or prescribed by ordinance
for their government. They shall have power to arrest all per- Power to
sons in the city found in the act of violating any law or ordin-
ance, or aiding or abetting in any such violation, and shall ar-
rest all persons found under suspicious circumstances, and shall
take all such persons so arrested before the recorder or one of
the justices of the peace of the city of Marquette to be dealt
with according to law.
orders and
arrest.
police.
compen-
§ 370-SEC. 4. (As Amended 1875.) In case of any actual Special
or threatened riot or disturbance, or whenever any other sudden
exigency may require, the mayor may appoint and swear in
such number of suitable persons as he may deem necessary to
act temporarily as special policemen for the occasion only, and
who for the time being shall have and possess all the powers of Powers and
members of the regular police force, and who shall be paid for sation.
their services such reasonable compensation as the common
council shall determine. Any person so appointed as a special
policeman by the mayor as aforesaid, who shall neglect or refuse Penalty for
to serve as such, according to the exigencies of the case, shall refusal to
be subject to a fine of not less than ten nor exceeding one hund-
red dollars, or imprisonment in the county jail or in the jail of
the city of Marquette for a term not exceeding ninety days or
both such fine and imprisonment in the discretion of the court
before whom a conviction is had.
serve.
marshal.
§ 371-SEC. 5. (As Amended 1898.) In case of the absence In absence of
of the marshal, or his inability from any cause to act as chief of
police, the mayor shall designate and appoint some other mem-
ber of the regular police force to act as chief of police during
such absence or disability.
(a) Before entering upon the duties of his office, the marshal of the
shall execute and file with the recorder a bond to the city of marshal.
Marquette, in the penal sum of two thousand dollars, with two To give bond.
or more sureties, or with a surety company, to be approved by
126
[CITY POLICE.
ORDINANCES OF THE
To make
rules.
To serve
papers.
To report
concerning
certain
matters.
Uniform and
badge.
Police uni-
form and
badge.
Of the police.
To attend
fires.
Duties at
fires.
To report to
marshal.
the common council, conditioned for the faithful discharge of
the duties of his office:
(b) The marshal shall and may make rules for the government
of the police and watchmen in the employ of the city not in con-
flict with the charter or the ordinances or resolutions of the
common council, which rules may be amended or revoked by
the marshal, mayor or common council; and it shall be the duty
of all policemen and watchmen to comply with such rules while
in force.
(c) The marshal shall serve all papers and notices relating to
the business of the city which may be delivered to him for that
purpose by the mayor, controller, recorder, treasurer, city at-
torney, health officer or any alderman; and shall communicate to
the health officer any information which he may acquire of the
existence in the city of any contagious disease, or the existence
of any nuisance which may be detrimental to the public health.
(d) He shall report concerning the matters hereinafter set
forth, as follows: Bursted water pipes, to the superintendent
of the board of fire and water commissioners; clogged sewers,
defective sidewalks, culverts, bridges and dangerous places on
streets, to the street commissioner; dangerous buildings, struc-
tures and private premises, to the common council; destitute,
delirious or insane persons to the superintendent of the poor;
and defects in or failure to give proper service of the public
lighting system, to the superintendent of the light and power
commission; leaks in gas pipes, to the superintendent of The
Marquette Gas Light Company; lost and found children, to the
recorder and the parents or guardian of such children, if known;
lights out in buildings or rooms where lights are usually burned
all night, to the proprietors thereof.
(e) The marshal shall, when on duty, wear a suit of blue
clothes, consisting of coat, vest and pants, and on the left breast
of his coat shall wear a badge denoting his office, with the word
"Marshal" thereon.
(f) Each regular policeman and watchman, when on duty,
shall wear a uniform consisting of blue coat, vest and pants, and
shall wear on the left breast of his coat a star with the word
"Police" thereon.
§ 372-SEC. 6. (As Amended 1898.) It shall be the duty of
members of the police force, on the order of marshal, to attend
fires and to assist in preserving, removing and securing property
from damage and theft; to keep away and remove from fires all
idle, disorderly or suspicious persons, and for such purpose may
arrest and temporarily confine any idle and disorderly persons
who refuse to obey the order of the marshal, any member of the
police force or chief of the fire department to move on or go and
remain away from the vicinity of any fire.
(a) It shall be the duty of policemen and watchmen to observe
and report to the marshal in respect of the following matters:
Bursted water pipes, clogged sewers, defective sidewalks, dan-
gerous bridges, culverts and other places in streets or private
CITY POLICE.]
127
CITY OF MARQUETTE.
premises, dangerous buildings and structures, broken electric
wires and structures, destitute, delirious or insane persons, dogs
without license tags, street and store lights out, leaks in gas
pipes, lost and found children, nuisances, obstructions and en-
croachments on streets, all hawkers and peddlers of goods,
wares and merchandise, and persons suspiciously idling and loi-
tering about.
certain
(b) They shall inform themselves of the location of streets, To furnish
public buildings, hotels, boarding houses and the residences of information.
the inhabitants of the city so far as practicable, and impart in-
formation thereof to all persons inquiring.
assistance.
(c) They shall render needed assistance to persons ill or in- To render
jured in the streets or elsewhere in the city, give alarm of fires,
and shall place barriers and lights at dangerous places in the
streets, when that duty shall have been neglected by others.
(d) They shall take up and impound animals found at large To impound
contrary to law or the ordinances of the city; and they may take animals.
up and deliver to any keeper of any livery stable, pound or
other suitable place, for safe keeping at the expense of the own-
ers thereof any animals left exposed to inclement weather.
duty or
(e) Any member of the police force who shall neglect or re- Penalty for
fuse to perform any duty required of him by law, the ordin- neglect of
ances of the city or the rules and regulations of the police force, wrong.
or who shall in the discharge of his official duties be guilty of any
fraud, extortion, oppression, favoritism or wilful wrong or in-
justice, shall forfeit and pay to the city a fine not exceeding one
hundred dollars, and the costs of prosecution, and in default of
the payment of such fine may be committed to the city lock-up
or county jail for a term not exceeding ninety days.
police.
rescue.
§ 373--SEC. 7. (As Amended 1875.) Whoever in the city Resistance to
shall resist any member of the police force in the discharge of
his duty, or shall interfere with, hinder or prevent him from dis-
charging his duty as such member, or shall offer or endeavor so
to do, and whosoever shall in any manner assist any person in Escape and
the custody of any member of the police force, to escape from
such custody, or shall rescue or attempt to rescue any person so
in custody, shall be fined not less than five dollars, nor more than Penalty.
one hundred dollars, and may be imprisoned in the county jail
or in the jail of the city of Marquette for a term not exceeding
ninety days, in the discretion of the court before which a con-
viction is had, or both such fine and imprisonment.
128
[PREVENTION OF VICE.
ORDINANCES OF THE
Vagrants,
who deemed
such.
Penalty.
Houses of ill
fame, etc.
Keepers of.
Penalty.
Lewdness
prohibited.
Penalty.
NUMBER 13.
AN ORDINANCE RELATIVE TO THE PREVENTION
OF VICE AND IMMORALITY AND THE PRESER-
VATION OF PUBLIC PEACE AND
GOOD ORDER.
ADOPTED JULY 17, 1871.
It is hereby ordained by the common council of the city of Mar-
quette:
§ 374-SEC. 1. (As Amended 1875.) All persons who not
having any visible means to maintain themselves, are without
employment, idly loitering or rambling about, or staying in
drinking saloons, houses of ill-fame or houses of bad repute, or
or who shall be trespassing in the night time upon the private
premises of others, or begging upon the streets, or other
thoroughfares, or who go about for the purposes of gaming or
watch stuffing, or do game other practice or disreputable devices,
tricks or artifices to obtain money or any valuable thing from
another thereby, or who shall disturb any place where public or
private schools are held, either on week day or Sabbath,
or where religious worship is held, shall be deemed vag-
rants, and upon conviction shall be fined in a sum not less
than two dollars nor exceeding one hundred dollars, or be im-
prisoned in the county jail or jail of the city of Marquette, for
a term not exceeding ninety days, or both such fine and im-
prisonment, in the discretion of the court before whom a con-
viction is had.
§ 375-SEC. 2. (As Amended 1875.) Any person who shall
be guilty of keeping or maintaining or being an inmate of, or
in any way connected with, or in any way contribute to the sup-
port of any house of ill-fame, any common gaming house, or
place for the practice of fornication, or knowingly own or be in-
terested as proprietor or landlord of any such house, shall,
conviction, be fined in a sum not less than ten dollars nor ex-
ceeding one hundred dollars, or be imprisoned in the county
jail or jail of the city of Marquette, not exceeding ninety days,
or both such fine and imprisonment, in the discretion of the
court before whom a conviction is had.
on
§ 376 SEC. 3. (As Amended 1875.) If any person shall
be guilty of any lewd or indecent act or behavior, or shall ex-
hibit, sell or offer to sell any indecent or lewd book, picture or
other thing, or shall exhibit or perform any indecent, immoral
or lewd play or other representation, he shall be subject to a fine
of not less than five dollars, nor exceeding one hundred dollars,
or imprisonment in the county jail or jail of the city of Mar-
quette, for a term not exceeding ninety days, or both such fine
and imprisonment, in the discretion of the court before whom a
conviction is had.
PREVENTION OF VICE.]
129
CITY OF MARQUETTE.
§ 377-SEC. 4. (As Amended 1875.) If any person shall in- Cruelty to
humanly, unnecessarily or cruelly beat, injure or otherwise animals.
abuse any horse, or other dumb animal, he shall be subject to a
fine of not less than five dollars nor exceeding twenty-five dol- Penalty.
lars, in each case, or imprisoned in the county jail, or jail of the
city of Marquette, for a term not exceeding thirty days, or both
such fine and imprisonment, in the discretion of the court before
whom a conviction is had.
drunk in
§ 378-SEC. 5. (As Amended 1875.) If any person shall be Persons
drunk, or shall be in a state of intoxication in any highway, streets.
street, thoroughfare or public place within the city, or in any
private house or place, to the annoyance of any citizen or per-
son, or shall solicit alms from any person without written per- Beggars.
mission from the mayor or some officer of the city, he shall on
conviction pay a fine of not less than two dollars nor exceeding
twenty-five dollars, or be imprisoned in the county jail, or jail Penalty.
of the city of Marquette, for a term not exceeding thirty days,
or both such fine and imprisonment, in the discretion of the
court before whom a conviction is had.
•
devices pro-
§ 379--SEC. 6. (As Amended 1875.) No person shall have, Gaming
keep or permit to be used in any building or place within this hibited.
city, used, occupied or controlled by such person, any E. O).
table, keno table, billiard table, faro bank, shuffle board, baga-
telle, or any other instrument, device or thing used for gamb-
ling, whereon or with which money, liquor or other articles
shall in any manner be played for, under a fine not exceeding
twenty-five dollars or imprisonment in the county jail, or jail Penalty.
of the city of Marquette, for a term not exceeding thirty days,
or both such fine and imprisonment, in the discretion of the
court before whom a conviction is had.
of religious
§ 380-SEC. 7. (As Amended 1875.) Any person who shall Disturbance
disquiet or disturb any congregation or assembly met for relig- meetings.
ious worship, by making a noise, or by rude and indecent be-
havior or profane discourse within their place of worship, or so
near the same as to disturb the order or solemnity of the meet-
ing, shall be subject to a fine not exceeding twenty-five dollars, Penalty.
or imprisonment in the county jail or jail of the city of Mar-
quette, for a term not exceeding thirty days, or both such finè
and imprisonment, in the discretion of the court before whom a
conviction is had.
devices.
1
§ 381-SEC. 8. (As Amended 1875.) The marshal or his Seizure of
deputies, or any member of the police, may seize any instru-gaming
ment, device, or thing used for the purpose of gaming, or by,
on, or with which money or other articles of value may be lost
or won, and all such instruments, devices or things may be de-
molished or destroyed. Any person obstructing or resisting Resisting
the marshal or any of his deputies, or any member of the police
in the performance of any act authorized by this section, shall
be fined in a sum not exceeding fifty dollars, or confined in the Penalty.
county jail, or jail of the city of Marquette, for sixty days, or
both such fine and imprisonment in the discretion of the court
officers.
130
[PREVENTION OF VICE.
ORDINANCES OF THE
forcibly enter
Officers may before whom such conviction is had. If the owner or keeper of,
houses, when. Or any person within any gambling house or room, any disor-
derly house, or any house of ill-fame within this city, shall re-
fuse to permit the marshal or any of his deputies, or any mem-
ber of the police force, to enter the same, it shall be lawful for
such marshal or deputies, or members of the police to enter, or
cause the same to be entered by force, by breaking the doors or
otherwise, and to arrest, with or without warrant, all suspicious
persons found therein.
Sunday
closing of
saloons, etc.
Penalty.
Discharge of
fire arms
Permits.
Penalty.
1
Fast driving
of horses.
Penalty.
Duty of
officers.
§ 382-SEC. 9. (As Amended 1875.) Any person or per-
sons who shall, on the Sabbath day or night, keep open any tip-
pling house, bar or place where intoxicating drinks are or may
be kept, or who shall, on the Sabbath day or night, sell or give
away within the limits of the city, except for medical purposes,
any whiskey, wine, ale, or other spirituous or fermented liquors,
or who shall suffer any person to play at billiards, cards or
other games on his premises on the Sabbath day or night, shall,
on conviction thereof, be punished by a fine not exceeding
twenty-five dollars and imprisonment in the county jail, or jail
of the city of Marquette, for a term not exceeding thirty days,
or both such fine and imprisonment, in the discretion of the
court before whom such conviction is had, for the first offence,
and not exceeding one hundred dollars on conviction for any
subsequent offence, or imprisonment in the county jail, or jail of
the city of Marquette, for a term not exceeding ninety days, or
both such fine and imprisonment, in the discretion of the court
before whom such conviction is had.
§ 383-SEC. 10. (As Amended 1875.) No person shall fire
or discharge any cannon, gun, fowling piece, pistol or fire-arms
of any description, or fire, explode or set off any squib, cracker
or other thing containing powder or other combustible or ex-
plosive material, without permission from the common council,
or written permission from the mayor, which permission shall
limit the time of such firing, and shall be subject to be revoked
by the mayor or common council at any time after it has been
granted. Any violation hereof shall subject the party so of-
fending to a fine not less than two dollars nor more than twenty
dollars, or imprisonment in the county jail, or jail of the city of
Marquette, for a term not exceeding thirty days, or both such
fine and imprisonment, in the discretion of the court before
whom such conviction is had.
§ 384-SEC. 11. (As Amended 1875.) Any person who shall
immoderately ride or drive any horse in any street, alley or pub-
lic place within the limits of this city, shall be fined not less than
two dollars, nor more than twenty dollars, or be imprisoned for
a term not exceeding thirty days in the county jail, or jail of the
city of Marquettte, or both such fine and imprisonment, in the
discretion of the court before whom a conviction is had. And it
is hereby made the duty of every officer, and it shall be lawful
for any citizen, to stop any person who may be immoderately
riding or driving as aforesaid.
เ
PREVENTION OF VICE.] CITY OF MARQUETTE.
131
poisons, how
§ 385-SEC. 12. No person shall vend, give or deliver, with- Deadly
in the city, any deadly poison, knowing the same to be such, marked.
without marking the same in legible characters, "POISON”, un- Penalty.
der a penalty of five dollars for each offense.
1
to be secure.
§ 386-SEC. 13. (As Amended 1875.) All scaffolds, staging Scaffolds etc.,
and other similar contrivances, erected in the city for use in the
erection or repairing of stone, brick, or other buildings, shall be
well and safely supported, and of sufficient width and properly
secured so as to insure the safety of persons working thereon or
passing under or by the same, against the falling thereof, or of
such materials as may be used, placed or deposited thereon.
Any scaffold which may be otherwise erected, shall be deemed a when a
nuisance, and any person who shall erect or use, or caused to be
erected or used, any scaffold, staging or contrivance contrary to
the provisions hereof, shall be subject to a fine of not less than Penalty.
five dollars and not exceeding one hundred dollars, or imprison-
ment in the county jail, or jail of the city of Marquette, for a
term not exceeding thirty days, or both such fine and imprison-
ment, in the discretion of the court before which a conviction
is had.
nuisance.
in streets
§ 387-SEC. 14. (As Amended 1875.) No person or persons Ball playing
shall play any game of ball in the public streets or use or exer- prohibited.
cise in the public streets any game, sport or exercise likely to
scare horses, injure passengers or embarrass the passage of
vehicles, under a fine for each offence of not less than two dol- Penalty.
lars nor more than ten dollars.
gratings
streets.
§ 388-SEC. 15. (As Amended 1875.) Any person who shall Doors and
keep or leave open any cellar door or grating of any vault, on opening on
any highway or sidewalk, or suffer the same to kept or left open,
or who shall suffer any sidewalk in front of his premises to be- Dangerous
come or continue so broken as to endanger life or limb, shall be sidewalks.
subject to a fine of not exceeding twenty-five dollars in each Penalty.
case.
unwholesome
§ 389-SEC. 16. No person shall sell, offer to sell or dispose sale of
of any impure, unwholesome, adulterated or diluted milk, or impure and
any unwholesome, stale, emaciated, tainted, putrid, or diseased food.
meat, poultry or other provisions, or any that from any cause
are unfit to be eaten, under a penalty of not less than five dol- Penalty.
lars nor exceeding twenty-five dollars for each and every offense.
exhibitions.
§ 390-SEC. 17. (As Amended 1875.) No person shall in- Indecent
decently exhibit or let any stud horse, bull or jack within the
limits of the city, unless in some enclosed place out of public
view, nor shall the owner or owners of any stud horse, bull or
jack, permit the same to run at large in any of the public streets
of the city. Any person or persons violating the provisions of Penalty.
this section, shall be fined not less than five dollars for each
offense.
houses.
8 391-SEC. 18. (As Amended 1875.) If any person or per- Disorderly
sons within the city shall keep a common, ill-governed, disor- and gaming
derly or gaming house, or keep any place or a house or place
for the resort of persons of evil name, or of dishonest conversa-
132
[PREVENTION OF VICE.
ORDINANCES OF THE
Immoral
conduct.
Penalty.
Noise, riot,
disturbance,'
peace, etc.
Unlawful
assemblies.
tion, or shall procure, or suffer to come together at any house
or place persons of evil name or fame; or shall at any house or
place suffer any immoral, indecent or improper conduct or be-
havior, or any reveling, riot or disturbance; every such person-
or persons so offending, or who shall aid, abet or assist in such
offending, shall on conviction thereof be fined in a sum not less
than twenty-five dollars nor exceeding one hundred dollars, or
by imprisonment in the county jail, or jail of the city of Mar-
quette, for a term not exceeding ninety days, or both such fine
and imprisonment, in the discretion of the court before which a
conviction is had.
§ 392--SEC. 19. (As Amended 1875.) Any person who shall
breach of the make, aid, countenance or assist in making any improper noise,
riot, disturbance, false alarm of fire, breach of the peace or im-
proper diversion, or shall use threatening, abusive or obscene
language toward any other person, or language or conduct tend-
ing toward a breach of the peace, in the streets or elsewhere
within the city, and all persons who shall collect in bodies or
crowds for unlawful purposes, or for any purpose to the annoy-
ance or disturbance of citizens or travelers, shall be deemed
guilty of disorderly conduct, and shall be severally subject to a
fine of not less than two dollars nor exceeding fifty dollars, or
imprisonment in the county jail, or jail of the city of Marquette
for a term not exceeding sixty days, or both such fine and im-
prisonment, in the discretion of the court before whom a con-
viction is had.
Penalty.
Obstructing
of officer.
Penalty.
Dangerous
explosives.
Permits.
Penalty.
Saloons open
after eleven
§ 393-SEC. 20. (As Amended 1875.) Any person who
shall wilfully hinder or obstruct any officer of the city in the
performance of any duty required of him, in pursuance of the
charter of incorporation of this city, or the ordinances or reso-
lutions of the common council, shall be subject to a fine of not
less than twenty-five dollars, nor exceeding one hundred dollars,
or be imprisoned in the county jail, or jail of the city of Mar-
quette, for a term not exceeding ninety days, or both such fine
and imprisonment, in the discretion of the court before whom a
conviction is had.
§ 394-SEC. 21. Any person who shall land in the harbor of
this city, or manufacture within the city limits, or transport
through or upon any of the streets of the city, any dualine,
nitro-glycerine or other similar dangerous explosive material or
compound, without the consent of the common council thereto
being first had and obtained, shall be fined not less than twenty-
five dollars nor exceeding one hundred dollars, or imprisoned in
the county jail or jail of the city of Marquette for a term not
exceeding ninety days, or both such fine and imprisonment, in
the discretion of the court before whom a conviction is had.
§ 395--SEC. 22. (As Amended 1873.) No person shall di-
o'clock p. m. rectly or indirectly keep open any drinking saloon, bar or place
where intoxicating drinks are sold or may be sold, nor allow
persons to congregate at such place or places after the hour of
éleven p. m.
PUBLIC PEACE.]
133
CITY OF MARQUETTE.
§ 396--SEC. 23. (As Amended 1875.) Any failure to com- Penalty.
ply with, or violation of any of the provisions of the preceding
section shall be punished by a fine of not less than fifteen dollars
nor exceeding fifty dollars, or by imprisonment in the county
jail or jail of the city of Marquette for a term not exceeding
thirty days, or by both such fine and imprisonment, in the dis-
cretion of the court.
NUMBER 14.
AN ORDINANCE RELATIVE TO THE PRESERVATION
OF PUBLIC PEACE AND GOOD ORDER.
ADOPTED NOV. 22, 1893.
The City of Marquette ordains:
loitering
§ 397-SEC. 1. Persons shall not collect, stand in crowds, or Crowds and
remain loitering on the sidewalk, or in the street or at the cor- prohibited.
ner of streets, or in alleys or in any other public place or in
front of or near to any church, public hall, place of amusement
or place of worship.
streets after
§ 398--SEC. 2. No child under the age of sixteen years shall Children in
loiter, run, stand or be in or upon any street, alley or other pub-nine p. m.
lic place after 9 o'clock in the evening, unless such child be ac-
companied by parent or other person of mature years or be up-
on the business of its parent or guardian.
§ 399-SEC. 3. No one shall annoy or molest by words or by Assaults, etc.
hurling any missile or otherwise any person in any street or
other public place.
§ 400-SEC. 4. Any violation of any provision of this ordin- Penalty.
ance shall be punished by a fine not to exceed fifty dollars and
costs of prosecution.
NUMBER 15.
AN ORDINANCE TO PROHIBIT THE RECKLESS EX-
POSURE OF PERSONS TO INJURY IN CON-
NECTION WITH STREET RAILWAY
CARS, AND THE STEALING OF
RIDES ON SUCH CARS.
ADOPTED JUNE 8, 1896.
Whereas, Persons recklessly disregardful of danger to their Preamble.
personal safety jump upon and off from the platforms, steps,
footboards and other parts of street railway cars while the same
are in motion; and persons for the purpose of annoying drivers
of street railway cars, recklessly and in bravado go upon and
134
[STREET CAR ORD.
ORDINANCES OF THE
Getting on or
off cars in
motion.
Going on
track prohib-
ited, when.
across and stand upon street railway tracks in front of cars then
approaching thereon; and persons recklessly race with such cars.
and go along in dangerous proximity thereto while the same are
in motion, and persons for the purpose of obtaining rides upon
such cars without paying fare therefor go aboard such cars and
get upon the platforms, steps, footboards and other parts there-
of, and leave such cars without paying fare and jump therefrom
in order to avoid being called upon for payment of such fare,
Now therefore, in order to prohibit and punish such conduct,
The City of Marquette ordains:
§ 401--SEC. 1. No person shall wantonly get upon or jump
off from any platform, step, footboard or any other part of any
street railway car while such car is in motion.
or
§ 402-SEC. 2. No person on foot or upon any animal or
vehicle shall wantonly or in bravado go upon or across
stand or be upon any street railway track, or in close proximity
thereto, in front of any street car then approaching thereon; or
Racing with shall race with any street car or go along in dangerous proximity
to any such car while the same is in motion.
cars.
Riding on
steps, etc..
prohibited.
§ 403-SEC. 3. No person shall be upon or cling to any step,
footboard, drawbar, railing or other outside portion of any
street car while the same is in motion, nor while riding upon
any street car shall leave or jump from the same without having
Payment of paid or tendered to the conductor thereof payment of the fare
properly chargable for such ride.
fare.
Violations,
how pun-
ished.
§ 404 SEC. 4. Any person willfully violating any of the
provisions of this ordinance, upon conviction thereof, shall for-
feit and pay to the city a fine, in the discretion of the court
imposing the same, of not less than one dollar nor more than
twenty dollars and the costs of prosecution; and in default of
the payment of the same, shall, in the discretion of the court
before whom such conviction was had, be committed to the
city lockup or to the jail of the county of Marquette until
such fine and costs is paid, not exceeding thirty days in all.
Blowing of
whistles
prohibited.
Exceptions
NUMBER 16.
AN ORDINANCE TO REGULATE THE BLOWING OF
STEAM WHISTLES WITHIN THE CITY LIMITS.
ADOPTED JUNE 5, 1882.
§ 405-SEC. 1. It is hereby ordained by the common council
of the city of Marquette: That the blowing of steam whistles
within the limits of this city, or within the harbor thereof, is
hereby prohibited.
§ 406--SEC. 2. The prohibition of the preceeding section
prohibitions. shall not apply to the use of steam whistles, so far as may be
to above
STEAM WHISTLES.
135
CITY OF MARQUETTE.
SLING SHOTS.
necessary, in cases of public alarm or as signals of danger to
person or property; to the use of a single blast of the whistle
upon manufacturing establishments at such hour as may be ap-
pointed for the assembling of employees for morning and after-
noon work, also a like blast at 12 o'clock noon, and at the close
of work for the day; also to the use of a single blast of the
whistle by steamers lying at docks, as a signal for departure; or
to a single blast by locomotives approaching a station, at such
appropriate distance therefrom as may be appointed. Provided, Duration of
That no such blast, to be given under the permission of this sec-
tion, shall exceed five seconds in duration.
blast.
how pun-
ished
§ 407-SEC. 3. Any person violating the prohibition of this Violations,
ordinance, shall, upon conviction thereof, be punished by a fine
of not less than two dollars nor more than ten dollars for each
offense.
NUMBER 17.
AN ORDINANCE PROHIBITING THE USE OF SLING
SHOTS.
ADOPTED DEC. 3, 1883.
Be it ordained by the common council of the city of Marquette:
stones, etc.,
§ 408. That any person who shall with his hand, a sling shot, Throwing
or any other device, project or throw a stone, shot or any other prohibited.
hard substance at, on or towards any animal or bird, on or in
any private premises, or toward any building in the city of
Marquette shall be punished by a fine of not less than two dol- Penalty.
lars or by imprisonment in the county jail of not less than one
day; or by both such fine and imprisonment in the discretion of
the court.
NUMBER 18.
AN ORDINANCE FOR THE PREVENTION OF COAST-
ING, SKATING OR RIDING ON DOG SLEIGHS.
ADOPTED DEC. 3, 1883.
It is hereby ordained by the common council of the city of
Marquette:
sledding on
§ 409-SEc. 1. (As Amended 1890.) That no person or per- Coasting and
sons shall hereafter indulge in the sport or pastime of coasting, sidewalks
sliding on sleighs, or driving on dog sleighs on the sidewalks of prohibited.
136
[BICYCLE ORDINANCE.
ORDINANCES OF THE
Coasting,
where pro-
hibited.
Violations,
how pun-
ished.
Duty of
officer.
any of the streets of the city of Marquette, and that no person
or persons hereafter shall indulge in the sport or pastime of
coasting upon any portion of Front, Third, Fourth, Fifth, Sixth
and Seventh Streets, between Ridge Street and Washington
Street in said city.
§ 410-SEC. 2. That any person or persons who shall be
found violating this ordinance shall upon conviction thereof be
punished by a fine not exceeding ten dollars or by imprisonment
not exceeding five days, or both such fine and imprisonment in
the discretion of the court before which such conviction is had.
§ 411-SEC. 3. It shall be and is hereby made the duty of
every officer of the city to arrest any person violating this or-
dinance.
Riding of
vehicles on
sidewalks
unlawful.
Exception.
NUMBER 19.
AN ORDINANCE REGULATING THE USE OF BI-
CYCLES, TRICYCLES, VELOCIPEDES, MOTO-
CYCLES, AND OTHER SIMILAR VEHICLES
IN THE STREETS, AVENUES AND PUB-
LIC WAYS.
ADOPTED JULY 6, 1896.
The city of Marquette ordains:
§ 412-SEC. 1. No person shall ride upon or along any side-
walk in any street, avenue or public way in said city, any bi-
cycle, tricycle, velocipede, motocycle or other wheel vehicle de-
signed to be propelled either in whole or in part by the power
of any rider thereof or by any engine, battery, or other me-
chanical means; except wheel chairs for the conveyance of in-
valids or cripples; nor shall any person ride any such vehicle
upon any part of any street, avenue or public way in said city
Alarm bells. unless there shall be properly attached to such vehicle a good
alarm bell, and while so riding approach, cross or attempt to
cross, or shall run or turn into any other street, avenue or pub-
lic way without having first, while so approaching such other or
cross street, vigorously sounded such alarm bell at least three
times within the space of one hundred feet and fifty feet dis-
tant from such other cross street, avenue or public way.
Sounding
alarm.
Violations,
how pun-
ished.
§ 413-SEC. 2. Any person wilfully violating any of the
provisions of this ordinance, upon conviction thereof, shall for-
feit and pay to the city a fine in the discretion of the court, im-
posing the same of not less than one dollar nor more than
twenty dollars, and the costs of prosecution; and in default of
the payment of the same, shall in the discretion of the court be-
fore whom such conviction shall be had, be committed to the
PUBLIC LAMPS.]
137
CITY OF MARQUETTE.
city lockup or to the jail of the county of Marquette until the
same is paid, not exceeding thirty days in all: Provided, That Proviso.
the provisions of this ordinance shall not apply to children un-
der the age of eight years.
NUMBER 20.
AN ORDINANCE RESPECTING THE PUBLIC LAMPS
AND LAMP POSTS.
ADOPTED JUNE 1, 1871.
It is hereby ordained by the common council of the city of
Marquette:
any
public lamps,
§ 414-SEC. 1. That any person who shall carelessly or Injuring
maliciously break, deface or in any way injure or destroy any etc.. pro-
public lamp or lamp post of the city, or climb upon or hitch hibited.
horse or other animal to any public lamp post, or hang or place any
goods or merchandise thereon, or place any goods, boxes, wood
or any other heavy material upon or against the same, or who
shall extinguish or cause to be extinguished, or light or cause to
be lighted any of said lamps, unless duly authorized to do so by
the proper authorities of the city, or by the Marquette Gas
Light Company, shall forfeit the penalty of ten dollars for each Penalty.
and every offense.
NUMBER 21.
AN ORDINANCE FOR THE PROTECTION OF PUBLIC
PARKS, CEMETERIES AND GROUNDS.
ADOPTED JULY 17, 1891.
It is hereby ordained by the common council of the city of Mar-
quette:
sod, plants,
§ 415-SEC. 1. No person, without lawful authority, shall dig Trees, shru b
up, fell, cut, girdle, peel, trim, prune or in any manner injure etc., not to be
or kill, or permit any animal to injure any tree, shrub, brush or injured.
vine, or cut, dig up or remove, drive upon or in any manner
injure any sod, grass, greensward or lawn, or any cultivated
plant or flower, or dig, move or remove any earth, gravel, stone
or rock in or upon any of the public parks, cemeteries or grounds
of the city.
138
[PARK PROTECTION.
ORDINANCES OF THE
Monuments,
fences, etc.,
not to be
injured.
Fires
prohibited.
§ 416-SEC. 2. No person shall, without lawful authority,
take down, remove, deface, injure or destroy any monument,
sign, guide board bridge, walk, steps, fence, railing, seat, stand,
bower, booth, pavilion, building, trellis, fountain, lamp, swing,
flag-staff or other structure or device in any of the public parks,
cemeteries or grounds of the city.
§ 417-SEC. 3. No person shall make, build or start any
open fire or set fire to any brush, grass, leaves or other com-
Firing guns, bustible material, or shoot off, fire or explode any gun, pistol or
other dis-
turbances.
Animals.
Nuisances
prohibited.
Immoderate
driving.
other weapon, or any explosive substance, or make or engage
in any disturbance or improper noise, fight or riot, or be or
become drunk or intoxicated nor shall any person shoot, snare,
trap or catch or injure or kill any animal, bird or fowl, or de-
stroy the nest or destroy the eggs of any bird, in any of the
public parks, cemeteries or grounds of the city.
§ 418--SEC. 4. No person shall commit any nuisance, or place,
deposit or leave any garbage, refuse, rubbish, dead animal or
vegetable substance, wood, lumber, stone or any other article or
substance whatever, or cause the same to be done, in or upon
any of the public parks, cemeteries or grounds of the city, and
each and every day that any person guilty thereof shall neglect
to entirely remove the same therefrom, shall be deemed a separ-
ate offence.
§ 419—SEC. 5. No person shall ride or drive any animal,
wagon, cart, carriage or other vehicle at a dangerous or immod-
Vehicle tires. erate rate of speed, or ride or drive or cause to be ridden or
driven any vehicle with a greater or heavier load thereon than
two hundred pounds for each wheel of said vehicle for each inch
in width of tire thereon, in or upon any of the public parks,
cemeteries or grounds of the city.
Private
devices, and
structures.
Posting or
scattering
bills.
Gainful
occupations
and sports
prohibited.
Violations,
how
punished.
§ 420-SEC. 6. No person shall without lawful authority,
make, erect, maintain or keep any sign, device, stand, bower,
booth, pavilion shed, building, platform or other structure or
scatter, distribute or leave any hand-bill, dodger or advertise-
ment, or make or post up any notice, bill or advertisement, or
cause the same to be done, in or upon any of the public parks,
cemeteries or grounds of the city.
§ 421-SEC. 7. No person shall without lawful authority sell
or offer for sale any goods wares, merchandise or thing, or be
engaged in any business, calling, trade, traffic or occupation for
gain, except the transportation of passengers, or engage in any
sport, show, entertainment or diversion for which pay is de-
manded or received; in any of the public parks, cemeteries or
grounds of the city.
§ 422-SEC. 8. Any person violating any of the provisions
of this ordinance shall upon conviction thereof, be punished by
a fine of not less than ten dollars nor exceeding one hundred
dollars, or by imprisonment in the county jail, or jail of the city
of Marquette, for a term not exceeding ninety days, or both
said fine and imprisonment in the discretion of the court.
REGULATING SALOONS.
FIRE PROTECTION,
s.]
CITY OF MARQUETTE.
139
NUMBER 22.
AN ORDINANCE RELATIVE TO OPENING AND
CLOSING SALOONS.
ADOPTED MAY 3, 1897.
The City of Marquette ordains:
open from
§ 423-SEC. 1. All saloons and other places in said city Saloons may
where spirituous, malt brewed, fermented or vinous liquors are six a. m. to
sold and kept for sale are hereby authorized and empowered to eleven p. m.
open such saloons or other places where such liquors are or any
of them are sold, at six o'clock in the morning of each day, and
remain open until eleven o'clock at night of each day, Sundays
and legal holidays excepted.
NUMBER 23.
AN ORDINANCE DEFINING THE DUTIES OF FIRE
WARDEN, AND FOR THE PROTECTION
OF PROPERTY FROM DAN-
GER BY FIRE.
ADOPTED APRIL 4, 1872.
It is hereby ordained by the common council of the city of
Marquette:
to require
etc.
§ 424-SEC. 1. The fire warden shall notice and correct any Fire wardens
infraction of the laws and ordinances respecting the protection of complianc
the city from fires in the city generally; and in case more than with fire laws
one fire warden shall be appointed by the common council, it
shall be the duty of each of the said fire wardens to act as such
within and for the district designated for that purpose by the wardens.
common council.
District
§ 425-SEC. 2. (As Amended 1872.) It shall be the duty of To enter
the said fire warden, (or fire wardens in their respective districts) buildings.
at least twice in each year, between the first day of November
and the first day of May, between sunrise and sunset and at such
other times as he may deem it necessary or be required by the
common council to enter all buildings and enclosures in the city;
to examine and discover whether the same are in a dangerous
state, and if they are, to give notice to the owner or occupant, owners.
requiring him immediately to place the same in a secure condi-
tion, and if the same be not forthwith done, to report the fact
to the common council. He shall also have the power and it is To enforce
hereby made his duty to see that all chimneys, hearths, fire struction of
places, stoves and pipes thereto, ovens, boilers, fire-arches or etc.
To inspect.
Notice to
proper con-
chimneys,
140
[FIRE PROTECTION.
ORDINANCES OF THE
Ashes and
combustible
materials.
Directions to
be given,
when.
Scuttles
required on
buildings in
fire limits.
Stove pipes
and flues,
any structure or apparatus that may be dangerous in causing or
promoting fires, are constructed or placed in such a manner as
to secure the greatest protection against fire; also to examine
the places where ashes are deposited or other combustible ma-
terials may be lodged; and the said fire warden (or fire wardens)
shall give such directions in regard to the several foregoing mat-
ters, as he may deem expedient, either as to the removal, altera-
tion or better care and management thereof; which directions
shall be obeyed and complied with by the person or persons so
directed, and at their expense.
§ 426-SEC.
426 SEC. 3. (As Amended 1896.) No building shall here-
after be erected within the fire limits, of more than one story in
height which shall not be furnished with a scuttle or door to go
out on the roof, and a convenient stairway leading to the same,
and each month during which such building shall remain without
such scuttle or door and stairs shall be deemed a separate viola-
tion of this section.
§ 427-SEC. 4. No pipe of any stove, fire-place or heating
how erected. apparatus, shall be put up or used in any building, unless the
same be conducted into a chimney of brick or stone; and in all
cases where a stove pipe passes through the wood work of a
building, it shall be separated from such wood work at least six
inches, by metal or other incombustible material.
Care of
combustible
materials.
§ 428 SEC. 5. No person shall place or keep in any exposed
place any hay, straw, wood shavings, or other like easily kindled
combustibles, without having the same securely enclosed, so as
to protect them from flying sparks of fire; and no person shall
Setting fires. set on fire or burn, or cause to be set on fire or burned, any hay,
straw, chips, shavings or other like combustible substances, in
any street or within fifty feet of any building.
Keeping of
ashes.
Open lights
prohibited,
when.
Violations
punishable.
§ 429-SEC. 6. No ashes shall be kept or deposited in any
wooden box or barrel, or in any place or receptacle deemed un-
safe or dangerous by the fire warden.
§ 430-SEC. 7. No lighted candle or lamp shall be used in
any stable, building or other place where hay, straw, shavings,
or other like combustible materials shall be stored or lodged,
unless the same is well secured in a lantern.
§ 431--SEC. 8. Any violation of or failure to comply with
the provisions or requirements of this ordinance, shall be
punished by a fine of not less than five dollars, nor exceeding
one hundred dollars.
FIRE LIMITS.]
141
CITY OF MARQUETTE.
NUMBER 24.
AN ORDINANCE RELATIVE TO THE FIRE LIMITS,
AND THE CONSTRUCTION OF BUILDINGS
THEREIN.
ADOPTED APRIL 4, 1872.
It is hereby ordained by the common council of the city of Mar-
quette:
Boundaries.
§ 432-SEC. 1. (As Amended 1889.) All that part of the Fire limits.
city of Marquette embraced within the following limits shall
constitute and be known as the fire limits of the said city, to-wit:
Beginning at the intersection of the center of Fourth and
Bluff streets, thence on Bluff to the center of Third street,
thence along the center of Third to the center of Ridge, thence
easterly on the center of Ridge street to the west line of lot No.
One in Hewitt's Addition produced to the center of Ridge street,
thence southerly at right angles with Ridge street to the shore
of Lake Superior; thence southerly along the shore of Lake Su-
perior to the center of Fisher street produced to the shore of
Lake Superior; thence westerly along the center of Fisher street.
so produced to the shore of Lake Superior and on the center of
Fisher street to the center of Fourth street; thence northerly on
the center of Fourth street to the place of beginning.
fire limits.
§ 433-SEC. 2. (As Amended 1896.) No person shall erect Erection of
or place and building or part of any building within said fire buildings in
limits (except as hereinafter excepted, or unless duly authorized
thereto by the fire wardens or common council acting in pursu-
ance of the ordinances of the city) unless the same shall be con-
structed in conformity with the following provisions:
First. The outside and party walls of all buildings erected in Walls in cer-
that portion of said fire limits lying between the centers of tain district.
Ridge and Rock streets and Lake and Third streets shall be
made of stone, brick or other fire-proof material.
other places.
Second. In all other parts of the fire limits the outer walls Walls in
of all buildings not made of stone, brick or other fire proof ma-
terial shall be protected by an outside wall of brick or other
fire-proof material at least four inches in thickness: Provided,
That this sub-section shall not apply to buildings used exclusively
for dwellings.
party walls,
Third. The roofs of all buildings erected within the limits Roofs.
in this section above mentioned shall be made of metal, slate,
gravel or other fire-proof material; the gutters shall be of metal,
the cornices shall be of brick, stone or iron securely fastened; Cornices,
the division walls shall be of stone or brick, not less than eight
inches thick, and shall extend at least two feet above the sheet-
ing of the roof, and in no case shall the sheeting of the roof ex·
tend across any division or end wall, and all openings in division
walls shall be protected by tight iron doors on each side thereof.
etc.
142
[FIRE LIMITS.
ORDINANCES OF THE
Thickness of
outside walls.
§ 434-SEC. 3. (Adopted 1898.) Such outside or inclosing
walls shall be of not less than the thickness in inches for the
respective stories prescribed in the following table:

Height of buildings ex-
clusive of basement.
1 Story..
2 Stories.
3 Stories ..
4 Stories
5 Stories.
16 12
16 12 12
24 16 12
24 2016
24 20 16
12
16 12
6 Stories
7 Stories.
•
16 12 12
30 20 20
16
16 16
12
12
36 20 20
| 20
2016
16
16 12 12
Thickness of
All such party or division walls shall be of not less than the
party walls. thickness in inches for the respective stories prescribed in the
following table:

Height of buildings ex-
clusive of basement.
Repairs of
partially
destroyed
buildings.
In 1st Story.
In 2nd Story
In 3rd Story.
In 4th Story.
In 5th Story.
In 6th Story
In 7th Story.
•
·
16
•
·
•
· •
16
∞ ∞
8
24 12
∞ ∞
8
24 12 12
∞
8
24 16 12
12 12 8
12
∞
8
24 20 16 12
30 20 16 16 12 12 8 8
§ 435-SEC. 4. No wooden building in said fire limits which
may be hereafter partially destroyed by fire or otherwise, shall
be repaired, unless the damages thereto are less than fifty per
cent of its value, and if less than fifty per cent, no such building
shall be repaired in such a manner as to be in any portion there-
of higher or to occupy any greater space than before the injury
Damage, how thereto. The extent of damage that may be done to any build-
ing may be determined by three disinterested persons resident
of the city, one of whom shall be selected by the owner of the
building, the second by the common council, and the two so
determined.
FIRE LIMITS.]
143
CITY OF MARQUETTE.
chosen shall elect a third, and the decision of the persons so ap-
pointed or a majority thereof, shall be final and conclusive.
wood build-
§ 436-SEC. 5. No wooden building or part of building Removal of
within the fire limits shall be removed to any other lot within ings.
the same, nor shall any such building be removed into the fire
limits; nor shall any such building within the fire limits be Raising and
raised above its present height, nor enlarged or altered in such enlarging.
a manner as to occupy more space than at the time of the adop-
tion of this ordinance.
permitted.
§ 437-SEC. 6. Sheds not exceeding twelve feet in height at sheds, etc.,
the peak or highest part thereof, and privies not exceeding ten
feet square, and twelve feet in height at the peak, may be con-
structed of wood, and shall not be subject to the provisions of
this ordinance: Provided, That the term "shed" be so con- "Shed"
strued as to mean a structure with a roof sloping only one way, defined.
with one or more sides of such structure entirely open; but all
depositories for ashes, within or without the fire limits, shall be
built of brick or other fire proof material, without wood in any
part thereof.
permit erec-
permits.
council.
§ 438-SEC. 7. (As Amended 1896.) The fire wardens may Wardens may
authorize in writing the erection, enlarging, raising, repairing tion, repairs,
or removal from one lot to another, of wooden buildings within etc.
said fire limits under such restrictions and upon such conditions
as they shall in any case see fit to prescribe, but in no case where
the risk of fire to any adjacent building would in their judgment
be materially increased thereby. The fire wardens shall keep a Record of
record of all such permits issued by them, and file a copy there-
of with the recorder: Provided, That in case any person shall Appeal to
be aggrieved by the action of the fire wardens in refusing any
permit or in prescribing such restrictions and conditions, the
party aggrieved may appeal therefrom to the common council
by filing a notice of such appeal with the recorder and causing
notice thereof to be published in a public newspaper of said city
within ten days from any such action appealed from and the
common council may thereupon by resolution affirm, modify or
revoke such action of the fire wardens; Provided, The appellant
shall have caused notice of such appeal to be published in some
public newspaper of said city at least one week before the meet-
ing at which the common council shall act upon such appeal.
how pun-
§ 439-SEC. 8. Any owner, builder or other person who Violations,
shall own, build or aid in the erection, repairing, enlarging, ished.
raising or removal of any building or part of building within
the said fire limits, contrary to or in any other manner than
authorized by the provisions of this ordinance, shall be subject
to a fine of not less than twenty-five dollars and not exceeding
one hundred dollars, in the discretion of the court or magistrate
for the first offense, and to a like fine for every forty-eight
hours such person shall fail to comply with the provisions of
this ordinance, or continue in violation thereof.
144
[FIRE LIMITS.
ORDINANCES OF THE
Buildings
may be re-
moved as
nuisances.
when.
§ 440-SEC. 9. (As Amended 1896.) Any wooden building
which may be erected, raised, enlarged, removed or repaired or
be in process of erection, raising, enlargement, removal or re-
pair contrary to the provisions of this ordinance, shall be deemed
a nuisance; and it shall be the duty of the fire wardens, after
twenty-four hours notice to the owner, occupant, person in
charge or builder thereof to abate the same, to cause such build-
Owner to pay ing to be razed to the ground, and the expense thereof shall be
reported to the common council for their approval, and when
so approved may be collected of the owner of said building by
suit.
expense.
Plans etc., of
buildings to
filed.
§ 441-SEC. 10. (As Amended 1896.) No person shall erect
or place any building within said fire limits without previously
be erected, to filing with the fire wardens of the city, plans and specifications
of such building for their approval. Such approval being con-
sidered by the common council as a permission to proceed with
the crection of such buil ling, but in case such proposed building
shall not conform to the ordinances of said city, said wardens
shall refuse to approve such plans and specifications.
Stand-pipes
and ladders
required.
How con-
structed.
Notice to
owners.
Unlawful
use.
Prohibited
use of
buildings in
fire limits.
§ 442-SEC. 11. (Adopted 1898.) All buildings, except such
as are used exclusively for private residences, of three or more
stories in height, now or hereafter erected within the fire limits,
shall be provided and equipped with one or more stand-pipes
and ladders combined with cast iron balconies, with suitable
railings, at each floor, firmly secured to the outer walls and in
such location or locations as shall be approved by the fire war-
dens. Such stand-pipes shall be three inches in diameter, of
material approved by the board of fire and water commissioners,
and shall extend from the ground to and above the roof, and
shall have automatic siamese connection at bottom and hose
couplings at top and bottom, to conform to the size and pattern
adopted and used by the board of water and fire commissioners.
Such ladders shall extend from bottom balcony to roof; and all
buildings more than three stories in height used as hotels or for
manufacturing purposes, shall have at least one combined met-
allic stand pipe and ladder approved by the board of fire and
water commissioners; and if more than fifty persons are com-
monly lodged or employed in any such building above the first
story thereof, there shall be at least two such combined ladders
and balconies affixed to the walls of such building.
It shall be the duty of the fire wardens to serve notice in
writing upon the owners or occupants of any building men-
tioned in this section of the requirements thereof, and it shall
be unlawful to continue the use of or to use such building after
one year from such notice if the requirements of this ordinance.
shall not have been complied with.
§ 443--SEC. 12. (Adopted 1898.). No buildings in the fire
limits, except those now so used, shall be hereafter occupied or
used in whole or in part for any of the trades, occupation or
business hereinafter mentioned, to-wit: Planing mills, sash,
door and blind factories, cabinet furniture or wood working
HARBOR.]
145
CITY OF MARQUETTE.
manufactories, box or shingle factories, blacksmith or boiler
shop, saw mills, lime kilns, gas works, dry kilns, or storage oil
tanks of greater capacity than one hundred gallons.
NUMBER 25.
AN ORDINANCE RELATIVE TO THE HARBOR OF
MARQUETTE.
ADOPTED SEPT. 30, 1872.
It is hereby ordained by the common council of the city of Mar-
quette:
prohibited.
§ 444-SEC. 1. No person shall throw or deposit in the har- Deposits
bor of the city of Marquette, any ballast or any other substance
whatever which may in any respect tend to fill up the same or
injure the navigation thereof.
near wharfs.
§ 445-SEC. 2. No steamboat or other vessel shall anchor Anchoring
within one hundred feet of any wharf in said city, or in such
manner to obstruct the free passage of vessels in and out of the
harbor: Provided always, That nothing herein shall be con-
strued to prevent any vessel from lying alongside of any dock,
with the consent of the owner of said dock.
§ 446-SEC. 3. All steamboats and tugs coming to or going Boats to
from the docks shall be moved under a low head of steam and move slowly.
slowly so as not to endanger the docks or other crafts in port;
and all sail vessels shall likewise be moved slowly and under
short sail, so as not to in any case endanger or injure other
vessels. All vessels or crafts of any description, while in the Lights.
harbor, shall have and keep outboard, during the night time, a
conspicuous light, elevated at least six feet above decks, and no
vessel, craft, sail or float shall be suffered to lie in the harbor
adrift, or insecurely fastened.
master.
bond.
§ 447-SEC. 4. The common council may annually appoint, Harbor
at the first regular meeting in April, or at any regular meeting
thereafter, on the nomination of the mayor, a harbor master
who shall hold his office one year, subject to removal by the
mayor for gross misconduct or neglect; and who shall file with
the recorder an oath of office, and give a bond to the city in the Oath and
sum of one hundred dollars for the faithful discharge of his
duties as harbor master. And in case of the sickness or other
disability of said harbor master he may appoint a deputy to per- Deputy.
form his duties during such sickness or disability; and such
harbor master, when so appointed, shall receive for his services
such sum as the common council shall from time to time pre-
scribe.
NOTE TO SEC. 4. Since 1891 the charter has provided manner of
appointment and term of office of the harbor master.
146
[HARBOR...
ORDINANCES OF THE
Duty of
harbor
master.
Authority
of harbor
master.
§ 448-SEC. 5. It shall be the duty of the harbor master to
enforce the execution of the several provisions of this ordinance
and of all other laws and ordinances passed in pursuance of the
charter of the city for regulating and preserving the navigation
of the said harbor, and to make the necessary complaint for
violation thereof.
§ 449--SEC. 6. The said harbor master shall have authority
to protect the owners and the occupants of wharves and docks
within the city in the free and undisturbed use of the same; and
he is authorized to regulate the anchorage of all vessels or crafts
of any description lying in the said harbor, and to give such
orders and regulations relative to the removal of any wreck or
sunken or sinking craft, or to the location and change of
station of any steamboat, tug or other vessel as shall be for the
interests of trade and navigation, having respect at all times to
the rights of occupants of wharves and docks; and to this end
he shall have full authority to go on board of any and move
any steamboat, tug or other vessel or craft that shall be with-
out right or consent occupying any of said docks or wharves,
or anchored contrary to or violating any of the provisions of
this ordinance, and every owner, captain, master, consignee or
liable, when. other person having in charge any such steamboat, tug or other
vessel or craft shall be liable to the penalties of this ordinance
for refusing or neglecting to comply with such order or direction,
and any person who shall obstruct, hinder or resist said officer
in going aboard of said steamer, tug, vessel or craft, in con-
formity to the powers herein vested in him shall be liable to the
penalties of this ordinance.
Owners,
masters, etc.,
Complaints.
Harbor
master to act.
Violations,
how pun-
ished.
Police power
of harbor
master.
§ 450--SEC. 7. Whenever the harbor master shall receive a
written or verbal complaint or information, or in any manner
know of a violation of this ordinance, it shall be his duty forth-
with to repair to the place where such violation has occurred or
is occurring and to exercise any and every power vested in him
to enforce this ordinance. and to complain of the person or per-
sons guilty of said violations; and if such harbor master shall
refuse or neglect to comply with the provisions of this section,
such refusal shall be deemed sufficient ground for his removal
from office.
§ 451-SEC. 8. Every owner, master, captain, consignee or
other person having in charge any steamboat, tug or other vessel
or craft or raft used in violation of this ordinance, and any per-
son or persons violating or failing to comply with the provisions
thereof, shall be punished by a fine not exceeding one hundred
dollars and costs of prosecution for each and every offense, and
in the imposition of any such fine and costs, the court may in
any aggravated case make a further sentence that the offender
or offenders be imprisoned in the county jail until the payment
thereof, for a term not exceeding two months.
§ 452-SEC. 9. The harbor master, appointed under and by
virtue of this ordinance, is hereby invested with all the powers
HARBOR LIMITS.]
147
CITY OF MARQUETTE.
of special policeman, under the charter and ordinances of the
city of Marquette.
NUMBER 26.
AN ORDINANCE TO ESTABLISH HARBOR LIMITS AND
TO REPEAL ALL ORDINANCES INCONSIST-
ENT HEREWITH
ADOPTED MARCH 3, 1888.
It is hereby ordained by the common council of the city of Mar-
quette:
Ilmits.
§ 453-SEC. 1. That the following shall be and is hereby es- Harbor wharf
tablished as the boundary line along the harbor of this city, be-
yond which no structure shall be erected in said harbor, to-wit:
Beginning at a point in the west side of the government break- Boundaries.
water seven hundred and ninety feet from the shore end thereof
and running thence south eighty-seven degrees west, one thou-
sand and forty feet to a point six hundred and sixty-three feet
south along the east end of the Grace Furnace pier, from a brass
post (one and one-half inches in diameter), in the center of Lake
street; thence south eighty-seven degrees west, three hundred
and eighty-five feet; thence south twenty and one-half degrees
west, three thousand one hundred and ninety feet to a point
eleven hundred and twenty-five feet from the outer end of A. R.
Harlow's pier; thence south twelve and three-quarter degrees
east to the cast and west sub-division quarter line produced, of
section twenty-six in township forty-eight north of range twenty-
five west.
§ 454-SEC. 2. No person, company or corporation shall structures
erect or maintain any dock, wharf or other structure beyond prohibited.
said limits in said harbor as defined in section one of this or-
dinance.
able.
§ 455-SEC. 3. Any person, company or corporation violat- Acts punish-
ing the provisions of section two of this ordinance by crecting
or attempting to erect or maintain any dock, wharf or other
structure in said harbor beyond said harbor limits as defined in
section one of this ordinance, shall upon conviction thereof be-
fore a court of competent jurisdiction pay a fine of five hundred
dollars, and every forty-eight hours' continuance of said struc-
ture shall be deemed a new violation of this ordinance.
§ 456-SEC. 4. All ordinances of this city inconsistent with Repeal.
the provisions of this ordinance are hereby repealed. The or-
dinance adopted February 16, 1888, entitled "An ordinance to
establish harbor limits and repeal all ordinances inconsistent
herewith" is hereby repealed.
148
[PUBLIC HEALTH.
ORDINANCES OF THE
board of
health.
NUMBER 27.
AN ORDINANCE RELATIVE TO THE PUBLIC HEALTH.
ADOPTED MARCH 7, 1898.
The City of Marquette ordains:
§ 457-SEC. 1. For the exercise of the powers conferred by
Meetings of law upon the common council as a board of health, all meetings
of the common council, regular and special, shall be deemed
meetings of the board of health, at which any business in the
exercise of such powers may be transacted, and any and all pro-
ceedings in the exercise of such powers taken and concurred in
by a majority of the aldermen elect when assembled at any time.
and place in the city shall be of the same force and effect as
though had at a regular meeting of said board, notwithstanding
such meeting may not have been otherwise duly appointed and
called. The mayor is hereby empowered to appoint and sum-
marily call meetings of the common council as board of health;
and it shall be the duty of each member of said board upon
being notified of such call to comply therewith.
Summary
meetings.
Duties of
§ 458-SEC. 2. In addition to the duties and powers con-
health officer ferred upon him by law, the health officer shall be the sanitary
adviser of the board of health.
To learn,
what.
To inquire
into causes of
disease.
To advise
board.
To investi-
gato all
diseases
(a) He shall inform himself, as far as practicable, respecting
all influences affecting or threatening to affect injuriously the
public health in the city:
(6) He shall inquire into and ascertain, by such means as are
at his disposal, the causes, origin and distribution of discases in
the city, and determine to what extent the same have depended
on conditions capable of removal or mitigation.
(c) He shall advise the board of health on all matters affecting
the health of the city, as to the means of preventing or removing
nuisances and causes of disease, and as to the propriety of
adopting general sanitary regulations or special orders in par-
ticular cases:
(d) He shall take all practicable means to secure early infor-
mation of the occurence of cases of communicable disease, and
dangerous to on receiving notice, or having good reason to believe that there
public.
is, within the city, a case of disease dangerous to the public
health, he shall investigate the subject without delay, advise and
direct the persons competent to act as to the measures required
Vaccination to prevent the extension of the disease, and the vaccination or
isolation of those who have been exposed to dangerous communi-
cable disease:
etc.
Medical care
etc.
Public notice
of danger.
(e) He shall, if necessary in particular cases, furnish the
means for proper medical care and nursing:
(f) He shall give public notice of the presence of dangerous
communicable diseases, and of infected places in the city, in such
manner as he shall deem best, in addition to the placarding
theroof:
PUBLIC HEALTH.]
149
CITY OF MARQUETTE.
teachers of
(g) He shall advise the superintendents and teachers of schools To advise
concerning families in which there are contagious diseases, and schools, etc.
may order the closing of schools when in his opinion the public.
health requires the same:
(h) He shall direct and supervise funerals of persons who die To supervise
from diseases dangerous to the public health:
funerals,
when.
(2) He shall direct and supervise the disinfection of buildings, To direct
rooms, furniture, clothing and all articles likely to be infected, disinfection.
or direct their removal or destruction, if deemed necessary by
him:
and condemnin
(j) He shall, in such cases as he deems best, visit and inspect May inspect
premises, buildings and vessels, and may condemn and prohibit use of
the occupation or use of premises, buildings and rooms when buildings etc.
unfit for human habitation, or when requiring alterations or
cleansing in order to prevent injury to health or person:
(k) He shall direct and enforce the conditions necessary to Lodging
be observed to prevent injury to health and person, in common houses, etc.
lodging houses, manufactories, slaughter houses, livery stables
or other buildings of like character:
of vessels or
(2) He shall from time to time fix, determine and establish Quarantine
the quarantine to be performed by vessels, vehicles and persons persons.
arriving within the city; to reduce the quarantine in particular
cases: 1
quarantine
(m) He shall make and enforce such regulations, not incon- Regulation of
sistent with the laws of the state or the United States or the or- etc.
dinances of the city, as he may deem necessary and proper, con-
cerning the mode of quarantine; the examination, disinfection.
and purification of vessels and goods; the apprehension, separa-
tion and treatment of immigrants and other persons who are
found to be sick with contagious diseases, or who may have
been exposed to infection; and such regulations may be made to
extend to all persons and all goods and effects arriving in vessels
or vehicles from any place, and to all persons who may visit or
go on board of such vessels after their arrival:
of vessels.
(n) He may cause any vessel, railroad car or other vehicle, Quarantine
when it or its cargo is in his opinion so foul or infected as to cars, otc.
endanger the public health, to be removed to such quarantine
ground as may have been determined by him or the board of
health, and cause the same to be thoroughly purified and disin- Disinfection.
fected; and he may also cause all persons arriving in or going
on board of infected vessels, cars or other vehicles, or handling
infected cargo, to be taken to any hospital, or other place desig-
nated for the reception of such persons, and there kept undor
his orders:
entrance of
(0) He shall take such measures as he may deem effectual to To prevent
prevent the entrance of any pestilential or infectious disease in- disenses into
to the city, and may stop, detain and examine, and if deemed city.
best by him, may quarantine for that purpose every person,
vessel, ship, car or other conveyance coming from any place in-
fected, or believed to be infected with any such disonse:
150
[PUBLIC HEALTH.
ORDINANCES OF THE
Destruction
of furniture,
etc.
premises.
(p) He may remove from the city and may destroy any furn-
iture, wearing apparel, goods, wares or merchandise or other
articles of property of any kind which shall be suspected of be-
ing tainted or infected with any germs of pestilence, or which
shall be or be likely to pass into such a state as to generate or
propagate any disease:
Placarding of (9) He shall require and enforce the placarding of appurten-
ances, buildings and premises where persons are or have lately
been sick with any contagious or infectious disease deemed by
him to be dangerous to the public health, and no person with-
out his consent shall cover, deface or remove any placard, flag
or notice posted anywhere by his direction:
May examine
food.
(r) He shall examine milk and food substances supposed to
and condemn be adulterated or unwholesome, and sold, kept or offered for sale
in such supposed condition, and shall condemn and direct the
destruction of such unwholesome food substances, and shall take
measures to prevent the sale or use of such unwholesome sub-
stances for food:
nuisances.
Punishment
Abatement of (s) He shall direct the abatement of nuisances, and shall take
measures for the punishment of persons violating any law of
of offenders. the state or any ordinance of the city for the preservation of
the public health, cleanliness and comfort, and do all acts which
he shall deem necessary and expedient for the preservation of
health and the suppression of disease in the city, and to carry
into effect and execute the powers conferred by law upon the
board of health and the health officer:
Marshal and
police to
(t) He shall and may call to his aid and assistance in the dis-
assist, when. charge of his duties the marshal and police of the city; and it
shall be the duty of the marshal upon the requisition of the
health officer, to detail police officers to serve under the direc-
tion of the health officer in the enforcement of the ordinances of
the city and the orders of the health officer:
Monthly.
reports.
Arrival of
sick persons
to be
reported.
Infected
property not
(u) He shall report monthly to the board of health on the
health and sanitary condition of the city, and his doings since
his last previous report.
§ 459 SEC. 3. The owner, driver, conductor, master or per-
son in charge of any stage, steamboat, vessel, railroad car or
other public conveyance which shall enter the city having on
board any person sick of malignant fever, or pestilential or in-
fectious 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, health officer or some member of the board
of health.
§ 460--SEC. 4. No person shall knowingly bring or procure,
to be brought or cause to be brought into the city any property of any kind
tainted or infected with any malignant fever or pestilential or
infectious disease.
into city.
Certain sick
persons to be
confined.
§ 461-SEC. 5. No person having any contagious disease
shall go about the city; and all persons having small pox, vari-
oloid or other contagious or infectious disease, are hereby re-
PUBLIC HEALTH.]
151
CITY OF MARQUETTE.
quired to be kept closely confined within their respective dwell- Permit to go
ings or places of abode, if they have any, otherwise at such about.
place as shall be ordered by the health officer, and no person
who has been confined with such disease shall leave his or her
place of abode and go about the city, until he or she is furnished
with a certificate by the health officer that it can be done with-
out communicating the disease to others; and the health officer
shall furnish such certificate without charge.
to report
premises.
§ 462-SEC. 6. It shall be the duty of each member of the Aldermen
board of health to ascertain any nuisance which may exist in his nuisances.
ward and to forthwith report the same in writing to the health
officer, and to enter upon the premises and into the house of To enter
every person in his ward as often as he shall deem necessary or
the board of health shall order, and to examine into the health,
cleanliness and the number of persons inhabiting such house,
and inspect the cellars, vaults, privies and sewers on such prem-
ises. Each member of the board of health shall, upon learning To report
that any person in the city is supposed to be infected with a diseases.
malignant or infectious disease, promptly notify the health
officer thereof.
infectious
treated.
§ 463--SEC. 7. When any person coming from abroad or Dangerous
residing in the city shall be infected, or shall lately before have diseases, how
been infected with the small-pox, or other sickness dangerous
to the public health, the health officer shall make effectual pro- Health officer
vision in the manner in which he or the board of health shall to act, how.
judge best for the safety of the inhabitants, by removing such
sick or infected person to a separate house, if it can be done
without danger to his health, and by providing nurses and other
assistance and necessaries, which shall be at the charge of the charge of
person himself, his parents or other persons who may be liable county,
for his support, if able; otherwise, as a charge of the county to
which he belongs: Provided, That the health officer shall keep Account of
and render to the board of health an itemized and separate state- expense.
ment of expenses incurred in so caring for each person.
To be at
when.
against
§ 464-SEC. 8. All bills for nurses and other assistance and Claims
necessaries furnished by order of the health officer or the board county, how
of health and incurred under the preceding section of this ordin- audited.
ance, shall be itemized, sworn to, presented to the controller,
audited and allowed in the same manner as are claims against the
city of Marquette; and in case it is intended to present such
bills to the board of supervisors of any county for payment,
the recorder shall certify to said board of supervisors such al- Recorder to
lowance, and shall keep and render to such board of supervisors render
an itemized and separate statement of expenses incurred in so account.
caring for each person: Provided, That upon the allowance by city may pay
the board of health of any such bills, the city may in the dis- bills and
cretion of the common council, pay the same, and thereafter county.
present such claims in the name of the city to the proper board
of supervisors for payment.
certify and
present to
1
§ 465-SEC. 9. Any person considering himself aggrieved by Appeal to
any order, regulation, requirement, act or conduct of the health health officer.
council from
152
[NUISANCES.
ORDINANCES OF THE
taken.
officer in the exercise of the powers conferred by this órdinance,
may appeal from such order, regulation or requirement and may
How appeal complain of such act or conduct by causing to be filed with the
mayor an affidavit of himself or of some person in his behalf,
setting forth the substance of such order, regulation, act or
conduct, and wherein such person conceives himself aggrieved
thereby. If such person demands an immediate meeting of the
board of health to consider such matter the mayor may in his
discretion call a special meeting of the board of health to be held
at the earliest practicable time, at which meeting said board
shall hear such appeal and may modify or revoke such order,
regulation or requirement, and take such other action on such
appeal as they deem proper: Provided, That any such order,
regulation or requirement shall remain in force until modified or
revoked by such health officer or said board of health.
Violations,
how pun-
ished.
Repeal.
§ 466-SEC. 10. Any failure to comply with or violation of
any of the provisions of this ordinance or of any of the lawful
orders of the board of health, or of any of the lawful orders of
the health officer concurred in by the mayor, shall be punished
by fine or imprisonment, or both, in the discretion of the court,
the fine not to exceed one hundred dollars nor the imprisonment
three months.
$ 467-SEC. 11. All ordinances and parts of ordinances in-
consistent or in any way contravening the provisions of this
ordinance are hereby repealed.
Deposits
prohibited.
Offensive
substances
in private
premises.
NUMBER 28.
AN ORDINANCE RELATIVE TO NUISANCES.
ADOPTED JUNE 1, 1871.
It is hereby ordained by the common council of the city of Mar-
quette:
§ 468-SEC. 1. (As Amended 1898.) No person shall
throw, place, deposit or leave in any street, highway, lane, alley,
public park, space or other place in the city, or in or upon any
private premises, without the consent of the owner or his agent,
any animal or vegetable substance, dead animal, fish, shells,
shavings, dirt, paper, rubbish, excrement, filth, slops, unclean
or nauseous water or liquor, hay, straw, ashes, cinders, soot,
offal, garbage, swill or any other article or substance whatever
which may become a nuisance or cause any noisome, offensive
or unwholesome smell; nor shall any person cause the same to
be done by another.
§ 469 SEC. 2. No person shall keep, place or have on or in
any private house, lot or premises in this city, any dead carcass,
putrid, offensive or unsound beef, pork, fish, hides, skins, bones,
NUISANCES.]
153
CITY OF MARQUETTE.
horns, stinking or rotten soap-grease, tallow, offal, garbage, or
other animal or vegetable matter or substance, which may cause
any unwholesome, noisome or offensive smell.
disposition
§ 470-SEC. 3. When any dumb animal shall die within the Dead animals
limits of the city the owner or person in possession of it shall, of
within twelve hours thereafter, cause the carcass to be removed
to some place beyond the city limits, or buried in the ground
and covered with earth at a depth sufficient to prevent its be-
coming a nuisance or matter of offense.
§ 471-SEC. 4. No owner or occupant of any grocery, cellar, Nuisances
tallow chandler's shop, tannery, butcher shop, slaughter-house, prohibited.
stable, barn, privy, sewer, or other building or place shall allow
any nuisance to exist or remain on his or her premises.
permit.
and permit.
472-SEC. 5. No person shall slaughter any beeves, sheep No slaughter-
or other animals, within the city limits without the permission ing without
of the common council, to be granted only in the manner here-
inafter provided. Any person desiring such permission shall Application
make written application to the common council, specifying the
premises whereon the same is to be conducted and which shall
be so remote from the settled portions of the city, as not to be
offensive to the public. If such application is granted,
the applicant shall enter into a bond, with one or more Bond and
sureties to be approved by the mayor, in the penal sum
of not less than one hundred dollars, conditioned that such
premises shall at all times be kept in a clean, healthy and inof-
fensive condition, and that he will faithfully comply with the
requirements of all ordinances which may be passed by the com-
mon council, upon this subject; or with such rules and regula-
tions as may at any time be prescribed by the board of health.
conditions.
stables to be
§ 473-SEC. 6. The keeper of any livery or other stable shall Livery
keep the stable and stable-yard clean, and shall not permit be- kept clean.
tween the first day of June and the first day of November any
manure to accumulate in or near the same, in such quantities to
be offensive to, the public.
§ 474-SEC. 7. No person shall collect or confine hogs, in Keeping of
pens or otherwise, so as to become offensive to his or her neigh- hogs.
bor or neighbors.
their con-
struction.
§ 475-SEC. 8. Every dwelling-house, store, manufactory, Privies and
or shop, hereafter built in the city, shall be provided with a
suitable privy, the vault of which shall be walled up with two
inch plank, brick or stone, and be sunk at least eight feet below
the level of the earth; the inside of such vault shall be at least
one foot distant from the line of every adjoining highway,
street, lane alley or lot; and when there is a public sewer within Sewer
one hundred feet of such privy, it shall be so constructed as to connection.
be drained into such sewer.
§ 476-SEC. 9. No privy shall be emptied between the fif- Emptying of
teenth day of June and the fifteenth day of September, unless privies.
by the written permission of some member of the board of
health. Privies shall be emptied between the hours of 10 p. m.
and 3 a. m., and at no other time.
154
[NUISANCES.
ORDINANCES OF THE
Swill and
garbage
vehicles.
Steaming and
rendering of
stances.
§ 477--SEC. 10. Any cart, wagon, or other vehicle used, or
intended to be used for the purpose of conveying swill, offal,
garbage, excrement or night soil, shall be perfectly tight and
covered, so as to prevent the contents thereof from leaking or
spilling; and such cart, wagon or other vehicle, when not in use,
shall not be allowed to stand in any street, alley, public place or
square.
§ 478-SEC. 11. No person shall steam or boil, or in any way
animal sub- render any offal, tainted or damaged lard or tallow, or steam or
render any animal substance in such a manner as to occasion
any offensive smell, or which will, by undergoing such process,
so taint the air as to render it unwholesome or offensive to the
smell, within the limits of the city.
Condition
of private
premises.
Animals not
Indecent and
immoral
posters and
to be posted.
pictures not
§ 480-SEC. 13.
§ 479-SEC. 12. No person shall own, occupy or keep any
grounds or other premises in such condition as to be offensive
and a nuisance to the neighborhood, or permit any cellar, vault,
drain, privy, pool, sewer or sink upon premises belonging to or
occupied by him, to become nauseous, foul, offensive or injurious
to the public health.
No person being the owner of any hog,
to be at large. shoat or pig, or of any diseased or old or infirm animal, shall
suffer the same to run or be at large, or be found at large.
§ 481-SEC. 14. (As Amended 1898.) No
(As Amended 1898.) No person shall stick,
post or fasten up anywhere in the city so as to be exposed to
public view any sign, handbill or placard of any description having
thereon any indecent, lewd or immoral picture, representation
or language, or any advertisement calculated to incite attend-
ance upon or the commission of any act or thing the doing of
which is prohibited by law; nor shall any person cause the same
to be done; nor shall any person stick, post or fasten up any
sign, handbill or placard of any description, upon any public
premises, building, bridge, fence or other public structure in
the city, nor on any tree, pole, post, stepping block, curb or
other structure in the streets or public places in the city, nor
upon any private premises, building, fence, or other structure,
without the permission of the owner or his agent: Provided,
That this section shall not be construed to prohibit the posting
upon poles and posts in the streets of notices required by law to
be posted, nor to the posting or tacking up on such poles or
posts of paper posters announcing public meetings and enter-
tainments and such other paper posters as the mayor may in
writing approve and permit to be so posted.
Where bill
posting pro-
hibited.
Certain
posting per-
mitted.
Violations
punishable,
how.
Notice to
abate nuis-
ance.
§ 482-SEC. 15. Any failure to comply with, or violation of
any of the provisions of this ordinance, shall be punished by a
fine of not less than five dollars, nor exceeding one hundred
dollars, or by imprisonment in the county jail for a term not
exceeding three months, or by both such fine and imprisonment
in the discretion of the court.
§ 483-SEC. 16. In all cases where a nuisance shall be found,
in any building, or upon any ground or other premises, within
the jurisdiction of the city, twenty-four hours notice may be
QUARANTINE.]
155
CITY OF MARQUETTE.
given by the marshal or any other officer of the city, or any
member of the board of health, to the owner or occupant of such
building or other premises, where he is known and can be found,
to remove such nuisance, and in case of his refusal or neglect Penalty for
to abate the same in accordance with such notice, he shall be
chargeable with the expenses which may be incurred in the re
moval thereof, to be collected by suit or otherwise, in addition
to the fine or penalty herein before prescribed.
non-compli-
ance.
of health,
§ 484-SEC. 17. The board of health shall have power, and Duty of board
it is hereby made their duty, and each member of such board of marshal and
health, and the marshal and police of said city shall each have police.
the power and it shall be the duty of each to make diligent in-
quiry with respect to all nuisances of every description in said
city, which are or may be injurious to the public health, and
abate the same summarily, and to make and enter a proper com-
plaint for each and every violation of any of the provisions of
this ordinance.
NUMBER 29.
AN ORDINANCE TO PREVENT THE WILLFUL AND
NEGLIGENT INTRODUCTION OF CHOLERA
AND CHOLERINE INTO THE CITY.
ADOPTED SEPTEMBER 8, 1892.
It is hereby ordained by the common council of the city of Mar-
quette:
bodios, per-
sons and
to be brought
§ 485--SEC. 1. No person shall bring or assist in any man- Cortain
ner to bring into the city or cause to be brought into the city
any corpse or remains of any deceased person, knowing, sus- property, not
pecting or having good reasons to suspect or believe that the into city.
death of said person had been caused by cholera or cholerine; or
any sick person, knowing, suspecting or having good reason to
suspect or believe that the sickness of such person is caused by
cholera or cholerine; or any person, property, article or thing,
knowing, suspecting or having good reason to suspect or believe
the same to be infected with the germs of cholera or cholerine.
articles from
§ 486-SEC. 2. No person shall knowingly bring or assist in Porsons and
any manner to bring into the city or cause to be brought into infected
the city any person, property, article or thing recently coming districts.
or brought, directly or indirectly, from any country, city or
place where cholera or cholerine is epidemic or has lately been
epidemic, without a written permit from the health officer of
the city naming said person so brought into the city, or specifi-
cally describing such property, article or thing.
§ 487-SEO. 3. Any violation of any of the provisions of Pormit
this ordinance shall be punished by a fine not exceeding one requirod.
156
[BARBER SHOPS.
ORDINANCES OF THE
Ú
Violations,
how pun-
ished.
hundred dollars for each offense, or by imprisonment in the
county jail of the county of Marquette for a period of not ex-
ceeding ninety days, or both such fine and imprisonment in the
discretion of the court.
Rules for
observance of
barbers.
NUMBER 30.
AN ORDINANCE REGULATING THE SANITARY CON-
DITION OF BARBER SHOPS.
ADOPTED AUGUST 7, 1896.
The City of Marquette ordains:
§ 488-SEC. 1. That the following rules and regulations for
the guidance, continuous observance and practice of barbers in
said city be and they are hereby adopted and prescribed, and
copies thereof to be furnished by the health officer shall be kept
To be posted. conspicuously posted in each and every barber shop by the
proprietor or person in charge thereof.
Care of
hands.
Disinfection
of imple-
ments, etc.
To use
sterilized
(a) Rule 1. Each and every barber while practicing his trade
shall keep his hands in a sanitary condition by paring and clean-
ing his finger nails and washing his hands immediately before
any operation incident to his trade upon any person, in one of
the following solutions; mercury bichloride, one part to two
thousand parts of water, or carbolic acid or creoline, thirty
drops to a pint of water.
Each and every barber shall immediately before
every cutting operation incident to his trade performed by him
disinfect all razors, clippers, scissors and other tools used in
such operations by dipping the cutting portions of such instru-
ments in a bath of undiluted carbolic acid and then washing the
whole instrument in either the carbolic acid or creoline solution
specified under rule one above, and drying the same upon a
towel specially reserved for such purpose, and shall disinfect all
strops, combs and brushes immediately before each use thereof
by washing the same in undiluted alchohol or in the creoline or
carbolic acid solution specified under rule one above.
(c) Rule 3. No barber shall use upon or about any person
towels, etc. being operated on by him any towel or napkin which has been
previously used on or about any other person unless since such
former use the same has been thoroughly cleansed and sterilized
in boiling water.
Application
of toilet
dressings.
Scalding of
soap cups,
etc.
(d) Rule 4. No barber shall apply magnesia, alum, 'bay rum
or other toilet dressings or applications to the head, face or neck
of any person except by means of powder blowers ar atomizers.
(e) Rule 5. Before each and every shaving of any person by
barber he shall thoroughly scald with water at the boiling
point any soap cup or lather dish used therefor.
any
1
BURIALS.]
157
CITY OF MARQUETTE.
of cups,
use.
(f) Rule 6. No barber shall use for shaving any person any Disinfection
soap cup or dish kept for public or promiscuous use unless there brushes, etc.,
shall be kept for use therewith and used only therewith and al- for public
ternately at least two lather brushes, and which brushes shall
while not in actual use have been kept continuously in a bath of
carbolic or creoline solution of the strength specified under rule
one above, or in a bath of undiluted listerine, nor use on any
person any brush not kept for the exclusive use of such person
unless the same has been kept and thoroughly soaked in any
such bath in this rule mentioned.
how pun-
§ 489-SEC. 2. Any person upon being convicted of any Violations,
violation of or failure to observe any of the provisions of this ished.
ordinance shall forfeit and pay to the city a fine of not less than
one dollar and not more than twenty dollars in the discretion of
the court or justice before whom such conviction shall be had
and the costs of prosecution, and in default of the payment of
the same such person may be committed to the city lock up or
the county jail for a term not to exceed sixty days.
NUMBER 31.
AN ORDINANCE RELATIVE TO THE BURIAL AND
REMOVAL OF THE DEAD.
ADOPTED NOV. 1, 1897.
The city of Marquette ordains:
removals not
permit.
§ 490--SEC. 1. No remains of any person whose death oC- Burials and
curred elsewhere than in this city shall be buried, interred or to be made
otherwise disposed of at any place within this city, nor shall without
any corpse of any deceased person be removed from any place
of its interment in this city, unless a permit therefor has been
issued; nor shall any person bury, inter or otherwise dispose of
any such corpse or remove any such corpse unless such permit
therefor shall have been issued.
occurs
elsewhere,
filed.
Contents of
§ 491-SEC. 2. In case the corpse of any person whose death When death
occurred elsewhere than in the city, shall be brought into the occh
city, it shall be the duty of the person having charge thereof, to affidavit to be
forthwith file or cause to be filed with the recorder an affidavit
stating to the best of the knowledge, information and belief of
the affiant, the name, age, sex, nativity and color of such de- affidavit.
ceased person; the date and place of death and the name and
character of the disease or circumstances causing the death of
such deceased person: Provided, That the making and filing of
such affidavit shall not be required in case there be filed with
the recorder a permit for the removal of such corpse issued in
pursuance of law, by the proper officer of any city, village or
township in this state in which said deceased person died.
Proviso.
158
[BURIALS.
ORDINANCES OF THE
Recorder to
issue permits.
Removal
permits.
§ 492-SEC. 3. Upon the filing of such affidavit or removal
permit with him, the recorder shall issue a permit for the burial
or other disposition of such remains. Upon the filing with him
of any written application for a permit for the removal of any
human corpse from its place of burial, endorsed or accompanied
with the written advice and consent of the health officer thereto,
the recorder shall issue a permit for the removal of such corpse
Record to be from its place of interment. The recorder shall keep a record
kept.
Permit to be
deposited
of all such burial and removal permits issued by him.
§ 493-SEC. 4. It shall be the duty of every undertaker, or
with sexton. other person acting as such, having in charge the interment of
the remains of any person who died elsewhere than in this city,
or the removal of any corpse from its place of burial in this
city, to deposit with the sexton, superintendent or other person
in charge of the cemetery wherein such interment is to take
place or from which such removal is to be made, a burial or re-
moval permit therefor, as the case may be, from the recorder,
before any such interment or removal.
Registers to
be kept by
sextons.
Certified
copy to be
filed.
Violations,
how pun-
ished.
§ 494-SEC. 5. It shall be the duty of each of the sextons,
superintendents and persons in charge of any cemetery in the
city to keep or cause to be kept a register of all persons buried
in such cemetery, or removed therefrom; showing the name of
the deceased person, the number of the lot or location in which
the body was buried and the date of burial and removal; a true
copy of which shall be certified to each week by the sexton,
superintendent or other person in charge of such cemetery, and
shall be filed with the recorder.
§ 495-SEC. 6. Any violation of or failure to comply with
any of the provisions of this ordinance shall be punished by a
fine not to exceed one hundred dollars and costs; and in the im-
position of any such fine and costs the court may make a fur-
ther sentence that in default of payment thereof within a time
to be fixed in such sentence, the offender be committed to the
city lock-up or county jail for a period of time not exceeding
ninety days.
NOTE. See Act No. 217, Laws of 1897, providing for the registra-
tion of deaths; printed in this volume.
PUBLIC PARKS.]
159
CITY OF MARQUETTE.
NUMBER 32.
AN ORDINANCE RESPECTING THE PUBLIC PARK
AND CITY CEMETERY, AND PROVIDING FOR
THE APPOINTMENT OF A PARK AND
CEMETERY COMMISSIONER.
ADOPTED APRIL 4, 1872.
It is hereby ordained by the common council of the city of Mar-
quette:
tery'
§ 496-SEC. 1. The burial grounds in the city of Marquette, “City ceme-
lying north of the line of Bluff street, and west of Seventh designated.
street, formerly belonging to the township of Marquette, are
hereby declared to be public burial grounds, and shall be known
and designated as the "City Cemetery"; and the public grounds Washington
next adjoining the said cemetery on the south, and extending to street park.
Washington street, are hereby declared to be and shall remain
a public park.
burial lots.
§ 497-SEC. 2. All lots or plats in said cemetery heretofore Property in
sold for burial purposes, shall be and remain the property of certain
the respective purchasers thereof or their legal representatives
for such purposes only, but subject to such general regulations
respecting the cemetery grounds as may be now or hereafter in
force.
oscoscasco
498-SEC. 3. (Annulled by Charter 1895).
499-SEC. 4.
500-SEC. 5.
(Annulled by Charter 1895).
(Annulled by Charter 1895).
prohibited.
conduct.
§ 501-SEC. 6. If any person shall bury or attempt to bury Burials in
any dead body in any unsold lot in said cemetery, except in such unsold lots
spot or place therein as shall be designated and set apart by
said [park and cemetery] commissioner for the burial of indigent
persons, strangers, etc., or shall bury or attempt to bury any Unlawful
dead body in any lot belonging to another, without permission burials.
of the owner or owners thereof; or shall be found in said park
or cemetery, discharging fire arms, hunting or trespassing in Prohibited
any other manner, or shall behave in a rude, disorderly or in-acts and
decent manner therein; or shall injure, deface or destroy any
tree, shrub, stone, stake, post, fence, monument, vault or other
fixture, building or thing of value or ornament in the said park
or cemetery, or trespass on any grave in the cemetery, he or
they shall severally be subject to a fine of not less than ten dol-
lars nor exceeding one hundred dollars; and the court or magis- Penalty.
trate may in any aggravated case cause the offender to be
imprisoned in the county jail for a period not exceeding ninety
days in addition to the fine.
co
502-SEC. 7. (Annulled by Charter 1895).
503-SEC. 8. (Obsolete).
1
160
[AUCTIONEERS.
ORDINANCES OF THE
Unlicensed
auctioneers
prohibited.
Penalty.
License fee.
NUMBER 33.
AN ORDINANCE RELATIVE TO AUCTIONEERS.
ADOPTED MARCH 9, 1892.
It is hereby ordained by the common council of the city of
Marquette:
§ 504-SEC. 1. No person shall. exercise the business of
auctioneer, or sell or cry off at auction any goods, wares or per-
sonal property of any discription within said city until first
licensed as an auctioneer, and any person that shall assume the
business of auctioneer, or sell or cry off at auction any goods,
wares or merchandise within said city without being first duly
licensed, shall be punished by a fine not less than five dollars nor
more than one hundred dollars and costs of prosecution for each
offense
§ 505--SEC. 2. Before any person shall receive such license
for an auctioneer, he shall pay into the city treasury, for the
benefit of said city, the sum of ten dollars; and he shall also ex-
Bond to city. ecute a bond to the city of Marquette in the penalty of five
hundred dollars, with one or more sufficient sureties, to be ap-
proved by the mayor or person acting as mayor, conditioned for
Conitions of the faithful discharge of his duties as such auctioneer, and to
truly conform to the ordinances of said city relating to auctions
and auctioneers, and pay all penalties which may be recovered
against him for a violation of any ordinance of said city relating
to auctions and auctioneers, and also to pay the said city one
per cent on all sales made by him under such license.
bond.
Sales by
unlicensed
prohibited.
§ 506-SEC. 3. No auctioneer shall employ any agent, clerk
auctioneers or other person to sell or cry off at auction, any goods, wares or
merchandise within said city, unless such agent, clerk or other
person shall at the time of such employment, be a duly licensed
auctioneer of said city, nor shall any auctioneer by such agent,
clerk or other person carry on or conduct two or more auction
sales in said city at the same time; nor shall any such auction
sale be conducted except in the immediate presence and under
the personal supervision of such auctioneer, under a penalty of
not less than five dollars nor more than fifty dollars and costs of
prosecution for each offense.
Mannor of
conducting
business.
Ponalty.
Means of
attracting
attention
§ 507-SEC. 4. No bellman or cryer, nor any drum or fife,
or other instrument of music, nor any show, signal, or means of
prohibited. attaching the attention of passers by, other than a sign or flag,
shall be employed, or suffered or permitted to be used, at or
near any place of sale, or at or near any auction room, or at or
near the residence of any auctioneer, or at or near auction what-
soever, under a penalty of not less than one dollar and not
more than ten dollars and costs of prosecution for each offense,
recoverable from the person using the same, and the auctioneer
or his agent causing, suffering or permitting the same to be used
severally and respectively.
Penalty.
1
AUCTIONEERS.]
161
CITY OF MARQUETTE.
goods from
§ 508-SEC. 5. If any person so licensed shall receive for Not to sell
sale by auction any goods or commodities from any minor or minors, etc.
apprentice, knowing him to be such, or shall make use of,
or suffer to be made use of, any deception or fraud in the sale of Not to use
goods at auction or shall sell or suffer to be sold a quality of deception or
goods inferior to that represented at such sale, or shall deliver
an inferior quality of goods as and for those sold at auction, he
shall be subject to a fine of not less than five dollars or more Penalty.
than fifty dollars and costs of prosecution for each offense.
fraud.
how.
Inspection by
§ 509 SEC. 6. Every auctioneer shall keep a fair and par- To keep
ticular account of all goods and chattels sold by him, of the accounts,
person from whom they were received, and of the prices at
which the same are sold, and which shall be open to inspection
of the mayor or the person discharging the duties of mayor, mayor, etc.
each member of the common council and city attorney, at all
reasonable times when thereto requested, and any auctioneer
violating any of the provisions of this section, shall be punished Penalty.
by a fine of not less than five dollars nor more than fifty dollars
and costs of prosecution for each offense.
prohibited.
§ 510-SEC. 7. No auctioneer by himself, or agent, shall sell Where sales
or expose for sale at auction any goods, wares or merchandise
on any sidewalk, or in any street, lane, alley or public highway
in said city unless by written permission from the mayor of said
city in each case, under a penalty of not less than five dollars, Penalty.
nor more than fifty dollars and the costs of prosecution for each
offense.
whon.
§ 511--SEC. 8. Whenever any licensed auctioneer shall be License may
convicted of any violation of any of the provisions of this ordi- be revoked,
nance; in addition to the penalty herein prescribed, such license
may be revoked by the common council and the same be can-
celled, and a note in writing indorsed on the record of such
license signed by the mayor or person discharging the duties of
mayor, briefly stating the order of revocation and the cause
thereof, shall be deemed sufficient revocation and annullment of
such license.
default of
§ 512-SEC. 9. In default of the payment of any fine, penalty Imprison-
or forfeiture imposed by any of the provisions of this ordinance, ment in
together with the costs of prosecution, the offender may be payment of
sentenced to be imprisoned in the common jail of the county of fine, etc.
Marquette, or jail or work house of said city until the payment
of such fine and costs, for a period of not less than ten days nor
more than ninety days.
162
[HAWKERS-PEDDLERS.
ORDINANCES OF THE
Unlicensed
peddling
prohibited.
Recorder
may license.
License fees.
Term of
license.
Peddlers
vehicles to be
numbered.
carried and
exhibited.
NUMBER 34.
AN ORDINANCE RELATIVE TO HAWKERS AND
PEDDLERS.
ADOPTED MARCH 8, 1892.
It is hereby ordained by the common council of the city of
Marquette:
§ 513-SEC. 1. No person shall follow the business or occu-
pation of hawker or peddler, or engage in hawking or peddling
within the limits of the city without a license from the recorder.
§ 514 SEC. 2. The recorder is hereby authorized to license
any person to follow the business of a hawker or peddler, and
to sell goods by hawking and peddling upon his paying to the
city treasurer the sum prescribed in the next section.
§ 515-SEC. 3. Any person soliciting a license as a hawker
or peddler shall pay to the city treasurer therefor as follows:
For hawking and peddling while traveling on foot, the sum of
$2.00 for the first day, and $1.00 for each subsequent day; for
peddling from hand-carts and stands in the city streets, the
sum of $3.00 for the first day and $1.50 for each subsequent
day; for peddling with any conveyance drawn by one horse or
other animal, $5.00 for the first day and $2.00 for each subse-
quent day; for peddling with any conveyance drawn by two or
more horses or other animals, $10.00 for the first day and $5.00
for each subsequent day: Provided, That no license under this
section shall be issued for a longer period than thirty days, and
each renewal shall be deemed and considered a new license.
§ 516-SEC. 4. Any person using any hand cart, wagon or
other conveyance in peddling under the provisions of this ordin-
ance shall have the number of his license placed in a conspicuous
place on each side of said vehicle, securely fastened to such ve-
hicle so as to be plainly seen; the figures of which shall be not
less than two inches in height.
License to be § 517-SEC. 5. Every person obtaining a license as hawker
or peddler shall at all times while conducting business as such,
have and carry with him his said license, and shall upon the de-
mand of the mayor or any city officer or citizen of said city, ex-
hibit the same and permit inspection thereof.
Manner of
carrying on
business.
§ 518-SEC. 6. All peddlers while carrying on their business
with hand-carts or vehicles shall keep the same in motion, ex-
cept when stopping the same to make sales, upon application of
any customer, when they shall draw up next to the curb, and
remain there only so long as actually engaged with customers
there present. No hawker or peddler or any other person shall
shout or call aloud, or cry out his goods, wares or merchandise
in any of the streets, avenues, alleys or public places of the
ENTERTAINMENTS.]
163
CITY OF MARQUETTE.
etc., prohib-
city, nor shall such peddlers or hawkers blow any horn, ring Horns, bells,
any bell, or use any other similar device to attract attention ited.
within the limits of the city.
§ 519-SEC. 7. This ordinance shall not apply to the selling sales not
or offering for sale of live-stock, vegetables, fruit, berries, milk, requiring
butter, eggs, fresh meat or fresh fish, wood, hay or other farm
produce.
how pun-
§ 520-SEC. 8. Any violation of any of the provisions of Violations,
this ordinance shall be punished by a fine not exceeding one ished.
hundred dollars for each offense, or by imprisonment in the
county jail for a period not exceeding ninety days, or both such
fine and imprisonment in the discretion of the court.
§ 521-SEC. 9. All ordinances and parts of ordinances in- Repeal.
consistent herewith are hereby repealed.
NUMBER 35.
AN ORDINANCE RELATIVE TO PUBLIC
ENTERTAINMENTS.
ADOPTED MARCH 12, 1892.
It is hereby ordained by the common council of the city of
Marquette:
ments
license pro-
hibited.
§ 522-SEC. 1. No person or persons, company or companies, Entertain-
shall make or exhibit in the city any circus, managerie show, without
game or festival or other exhibition, or give any concert or
musical entertainment or exhibit any natural or artificial
curiosity or panorama, or give any public entertainment or
amusement of any kind, for which pay is demanded or received
without a license. And any person or persons giving any such
entertainment without such license, shall forfeit and pay to said Penalty.
city the amount hereinafter required to be paid as a license fee
for any such entertainment, so given, in addition to the fine and
costs hereinafter provided for a violation of any of the provi-
sions of this ordinance: Provided, This ordinance shall not
extend to any exhibition by the pupils of any private or public when no
schools or to any musical entertainment given by the members, required.
and for the benefit of any resident musical society, or to any
exhibition of painting, engraving, sculpture or fine art, executed
by a citizen of Marquette, or to any concert or musical enter-
tainment, fair, festival, or lecture for the benefit of any church
or benevolent society of said city, or to any game of cricket,
polo, la-crosse, base or foot ball, or to any exhibition of archery,
or to any boat race, regatta, or military exhibition or entertain-
ment of like character, given or managed by any association,
club or company of said city.
liceuse
164
[ENTERTAINMENTS.
ORDINANCES OF THE
Recorder to
issue
licenses.
License fees.
Circus and
menagerie.
Museum, etc.
Merry-go-
round, etc.
Curiosities.
Wrestling
matches, etc.
Other exhibi-
tions.
Marquette
opera house.
Casino,
Fraternity
hall, etc.
Acts and
conduct not
to be per-
mitted.
§ 523-SEC. 2. The recorder is hereby authorized to grant
licenses for the purpose aforesaid, subject to the payment to the
city treasurer by the person making the application therefor,
for the use of said city of such sum of money as the recorder
may, in his discretion, in each particular case determine, accord-
ing to the character of the entertainment, exhibition, show or
performance, and the length of the time for which such license
is required, which said license shall not be valid until the said
sum shall have been paid, and the said license shall have been
countersigned by the city treasurer: Provided, That not less
than the following sums shall be fixed for any such license, nor
more than twice said sums, viz:
(a) 1. For a circus, one hundred dollars for each day; for a
menagerie ten dollars for the first entertainment and five dollars
for each subsequent entertainment; for a circus and menagerie
combined one hundred dollars for each day.
(b) 2. For a museum or a zoological garden, permanently
located and established in the city, the sum of twenty dollars.
annually; no such license to be issued for a sum less than twenty
dollars.
(c) 3. For a merry-go-round one dollar per day, and for a
shooting gallery, skating rink, and for games and amusements
of like character, the sum of five dollars per month, no license
under this section to be issued for less than one month.
(d) 4.
For any exhibit of any natural or artificial curiosity,
five dollars for the first day, and two dollars for each subsequent
day.
(e) 5. For any pedestrian match, wrestling match, boxing
match, shooting match or other contest of like character, five
dollars for each day.
(f) 6. For any public exhibit, show, entertainment or
amusement not herein otherwise designated, and for which pay
is demanded or received, five dollars for each entertainment.
(g) Provided, That upon payment in advance into the city
treasury of the sum of twenty-five dollars, quarter yearly, by the
owner, lessee or manager of the Marquette Opera House, so
called, on Washington street; and of twelve and one-half dollars
quarter yearly, by the owner, lessee or manager of the Casino,
so called on Main street, and of Fraternity Hall so called, on
Front street, and other halls of like character and use, if the
same be under lease; the sum so paid shall be in lieu of any other
sum or sums of money required to be paid for a license for any
performance, theatrical or otherwise, that may occur therein; no
such license to be issued for a less sum than required for one
quarter year.
§ 524 SEC. 3. No person or company receiving a license
under this ordinance shall permit in or about his or their place
of amusement or exhibition, any disorderly conduct, or the use
of immoral, profane or indecent language, or permit the sale,
giving away, delivering, drinking or use therein of any beer,
wine, malt or intoxicating liquors or beverages of any descrip-
ENTERTAINMENTS.]
165
CITY OF MARQUETTE.
tion, or have connected with such place of amusement or ex-
hibition by side entrance or otherwise, any bar, saloon or
place where malt or intoxicating liquors are sold or given away;
or permit such place of amusement or exhibition to become and
be a place for the resort of thieves, prostitutes or other dis-
orderly persons.
revocation
council.
§ 525 SEC. 4. The recorder may refuse to issue licenses to Refusal and
the parties and for the purposes aforesaid, and the mayor may of licenses.
revoke any license already issued, for good and satisfactory
reasons, which shall be reported to the common council in writ- Report of to
ing, by the officer so refusing or revoking any license, at its first
session following such refusal or revocation; but any party
aggrieved by the action of the recorder in refusing a license, or
the mayor in revoking a license, may appeal to the common
council, and upon due consideration by said council, the action Council may
of the mayor or recorder may be reversed, and the license be action.
issued, or its revocation annulled, upon a two-thirds vote of all
the aldermen elected.
reverse
§ 526-SEC. 5. Any violation of this ordinance shall be cause Violation and
for revocation of any license issued, and shall be punished by a penalties.
fine of not less than ten dollars, and not exceeding the sum of
one hundred dollars, and the cost of prosecution or imprison-
ment in the county jail for a period not exceeding ninety days,
or both, in the discretion of the court; and in the imposition of
a fine only, the court may make a further sentence, that the
offender be imprisoned until such fine be paid, but for a time
not exceeding that provided herein.
§ 527-SEC. 6. All ordinances and parts of ordinances incon- Repeal.
sistent herewith, are hereby repealed.
NUMBER 36.
AN ORDINANCE RELATIVE TO POUNDS, POUNDMAS-
TERS, AND RESTRAINING ANIMALS AND POUL-
TRY, AND TO REPEAL ALL ORDINANCES, PARTS
OF ORDINANCES AND AMENDMENTS THERETO
PASSED BY THE COMMON COUNCIL OF THE CITY
OF MARQUETTE RELATING TO POUNDS, POUND-
MASTERS AND RESTRAINING ANIMALS AND
POULTRY.
ADOPTED JUNE 12, 1893.
The City of Marquette ordains:
§ 528-SEC. 1. There shall be one or more public pounds in Pounds to be
the city of Marquette, to be located in such place or places as
may hereafter be or as has been heretofore designated by the
located by
council.
166
[POUNDS.
ORDINANCES OF THE
Open entire
year.
Poundmast-
ers, appoint-
ment, term,
oath, bonds.
Compensa-
tion.
Animals not
to run at
large.
Who to take
up and
impound
animals.
Foes
therefor.
Poundmas-
ter to keep
and feed.
Poundmast-
or's record.
Record to
show what.
Cortificate.
common council, and which shall be kept open during the en-
tire year, for the reception of all poultry and animals taken as
hereinafter provided.
§ 529-SEC. 2. The common council shall appoint one or
more poundmasters, who shall hold their office during the pleas-
ure of the common council, who shall take and file the oath of
office, and shall give bonds to the city in the sum of one hundred
dollars, with one or more sureties, to be approved by the com-
mon council, conditioned to pay to the city treasurer all moneys
that shall come into his hand as poundmaster; and such pound-
master shall receive for his services such sum as the common
council shall decide.
§ 530-SEC. 3. No horse, ass, mule, sheep, swine, goat, cow,
calf, neat-cattle, ox, bullock or other animal, and no geese or
other domestic poultry shall run, or be permitted to run at
large anywhere within the limits of the city of Marquette be-
tween the north line of Fair avenue indefinitely produced in
either direction, and the south line of Hampton street indefin-
itely produced in either direction. And no animal or poultry
excepting cows shall run or be permitted to run at large in any
other portion of said city.
§ 531-SEC. 4. It is hereby made the duty of poundmasters,
marshal, policemen and constables, and it shall be lawful for
any other person above the age of twenty years, to take up and
convey to one of the public pounds any animal or poultry which
may be found running at large within such limits of the city as
may be designated by the common council; and for such service
the person performing it shall receive from the city treasurer
the following compensation: For taking to pound any horse,
ass, mule, swine, ox, or bullock, 75 cents a head; any cow or
neat-cattle, 50 cents a head; any calf, sheep or goat, and for all
other animals not especially herein provided for, 25 cents a
head; and for any goose or other domestic poultry, 10 cents a
head.
532-SEC. 5. The poundmaster shall receive, keep and
feed any animal or fowl which may be brought to the pound.
§ 533-SEC. 6. The poundmaster shall record, in a book to
be kept for that purpose and which shall at all times be open
for public inspection, the time when any animal or fowl was
received, the name of the person bringing such animal or fowl
to the pound, the date and the place where such animal or fowl
was found, a description of the animal or fowl, the number of
all animals or fowls redeemed or sold by him and a description
of them, and to whom sold or by whom redeemed, and the
amount received for each animal and fowl redeemed. He shall
not pay any money to persons bringing any animal or fowl to
the pound, but instead thereof shall give a certificate to such
person to the city controller, containing the name of the finder,
the amount due, a description of the animal or fowl, and the
place where found. The person to whom said certificate is
given shall thereupon make affidavit before the controller, that
POUNDS.]
167
CITY OF MARQUETTE.
collected.
the facts set forth in said certificate are true, and thereupon the Fees, how
controller may approve and allow the same, and report the
same to the common council.
§ 534-SEC. 7. The records and books prescribed in section
six to be kept by the poundmaster shall be evidence of all sales Record
and all other matters contained therein.
evidence.
animals.
Owner.
8535-SEC. 8. The poundmaster shall, at the public pounds, Sales of
sell at public auction any horse, ass, mule, sheep, swine, goat,
cow, calf, neat-cattle, ox, bullock and all other animals and any
and all geese and other domestic fowls which have been im-
pounded therein for a period of six days, and are unclaimed, or
whose owners neglect or refuse to pay the fees hereinafter pro-
vided. At least three days prior to such sale, notice of such
sale shall be served by the poundmaster upon the owner of such Notice to
animal or fowl, where the owner is known to the poundmaster,
and such notice shall contain a description as near as may be of
the animal or fowl to be sold, and shall mention the time and
place where such sale shall take place. At least three days
prior to any such sale as is herein provided for of animals and
fowls empounded, the poundmaster shall cause notices of such
sale, containing description as near as may be of the animals and
fowls to be sold and also designating the time and place where
such sale will take place, to be posted in conspicuous positions Notice of sale
in the three following places, to-wit: At the county court to be posted.
house, the pound where such sale is to be held, and at the office.
of worthless
of the city recorder. Provided, That if any animal or fowl Disposition
shall have been empounded which is worthless and ought not to animals.
be retained in the pound, the poundmaster, upon the order of
the controller and the chairman of the committee on pounds,
may summarily dispose of such animal or fowl. The pound-
master shall promptly report every such disposition to the com-
mon council.
paid in
paid owner.
§ 536-SEC. 9. The proceeds arising from the sale of any Moneys to be
animal or fowl, and all fees received by the poundmaster, shall, weekly.
on Monday of each week be paid into the city treasury, and a
receipt taken for the same. After deducting all lawful fees and
costs, the money paid into the city treasury for the sale of any Surplus on
animal or fowl, shall be delivered to the former owner of such sales to be
animal or fowl on satisfactory proof to the controller that he or
she was such owner; and the controller is hereby authorized,
upon such proof of ownership being made to him, to draw an
order on the city treasurer in favor of such former owner of
animals or fowls impounded and sold, for the proper amount,
and such order shall be approved by the common council as in
the case of other claims against the city: Provided, That all When
money deposited in the treasury as aforesaid, which may re-
main unclaimed for the period of one year, shall be transferred
and credited by the treasurer to the general fund.
unclaimed.
ports on oath
§ 537-SEC. 10. The poundmaster shall on Monday of each Weekly re-
week make a report to the city controller, certified to by the of pound-
affidavit of said poundmaster, of all animals and fowls impounded masters.
168
[POUNDS.
ORDINANCES OF THE
Controller to
furnish
books,
purchase
etc.
Report.
Fees of
pound-
masters.
during the preceding week, by whom they were brought to the
pound, where they were found, the number redeemed and the
number sold, the number remaining in the pound, the amount
of money received for each animal or fowl redeemed or sold, to-
gether with the receipt from the city treasurer of the amount
of money paid into the treasurer's office by said poundmaster;
and the controller shall thereupon file and keep the same in his
office.
§ 538-SEC. 11. The controller shall furnish the poundmas-
ter with all necessary books and papers, and shall purchase all
sustenance. necessary supplies for the sustenance of all animals and fowls
impounded; and he shall examine the books of the poundmaster
once in each month and report the same to the common council.
§ 539-SEC. 12. Poundmasters shall demand and receive the
following fees for the benefit of the city of Marquette; for re-
ceiving and discharging or selling any horse, ass, mule, ox,
bullock, cow, swine, neat-cattle or other animal, one dollar;
for receiving and discharging or selling any calf, sheep or goat,
seventy-five cents; for receiving or discharging or selling any
goose or other domestic fowl, ten cents; for keeping and feeding
any horse, ass, mule, cow, ox, bullock, swine or neat-cattle, one
dollar for each day or part of day; for keeping and feeding any
sheep, goat, calf or any other animal not otherwise herein
enumerated, twenty-five cents a day or part of day; for keeping
and feeding any goose or other domestic fowl, ten cents a day
or part of day: Provided, When any animal or fowl is re-
deemed within six hours after being impounded, the pound-
master shall not demand or receive compensation for keeping or
feeding.
Redemption
by owners.
and charges.
§ 540-SEC. 13. The owner of any animal or fowl which has
been impounded may, at any time before the sale of such animal
or fowl, redeem the same upon payment to the poundmaster of
the fees provided for in section twelve of this ordinance: Pro-
Further fees vided, When notices of the sale of any impounded animal have
been served on the owner or have been posted as provided for in
section eight of this ordinance, the poundmaster shall demand
and receive, in addition to the fees provided for in section
twelve, the sum of one dollar; and whenever any impounded
animal is sold, there shall be collected by the poundmaster from
the proceeds of such sale, for the benefit of the city of Mar-
quette, the sum of one dollar in addition to the fees provided for
in section twelve.
Not to re-
ceive certain
animals.
Delivery of
animals only
§ 541-SEC. 14. In no case shall the poundmaster receive
animal or fowl brought to the pound that was found outside
any
the limits designated by the common council, except in cases
where private damages were sustained.*
§ 542-SEC. 15. In no case shall the poundmaster deliver to'
on payment. any person any animal or fowl lawfully impounded before re-
ceiving the established fees, except by order of the common
council.
*NOTE. See general law for such cases, printed in this volume.
POUNDS.]
169
CITY OF MARQUETTE.
§ 543-SEC. 16. Each poundmaster shall place a sign in a Address sign.
conspicuous place at the entrance to the pound with his name
and the number and street of his residence thereon. [See § 554.]
prohibited.
§ 544--SEC. 17. No person shall hinder, delay or interfere Interference
with any one who is driving or carrying any animal or fowl to
the public pound.
§ 545-SEC. 18. No person shall break, or attempt to break, Pound
or assist in breaking into any pound.
breaking.
§ 546-SEC. 19. No person shall take up, drive or carry to Wrongful
the public pound any animal or fowl not legally liable to be im- taking up.
pounded therein.
of pound-
§ 547--SEC. 20. Poundmasters shall possess and exercise the Police powers
powers and duties of policemen for the preservation of the pub- masters.
lic peace.
tion and
$548-SEC. 21. The poundmasters shall not receive any Compensa-
other compensation than that herein provided. They may be removal.
removed at any time by the common council.
animals to be
§ 549--SEC. 22. If any animal or fowl that may have been Escaped and
lawfully impounded shall escape or be rescued, any poundmas- rescued
ter, policeman or constable may, within seven days thereafter, re-taken.
retake such animal or fowl, and the same may be held and sold
as if no escape or rescue had taken place.
on sale
§ 550-SEC. 23. Whenever any animal or fowl sold under Deficiency
the provisions of this ordinance shall not bring enough to pay the recoverable.
lawful charges against such animal or fowl, the deficiency may
be recovered from the owner of such animal or fowl by suit in
the name of the city, prosecuted by the poundmaster, and when
recovered shall be disposed of as hereinbefore provided as to
the proceeds of sales of impounded animals and fowls.
against
ers.
§ 551-SEC. 24. All complaints against poundmasters shall Complaints
be in writing and be investigated by the committee on pounds, poundmast-
and the result of the investigation shall by that committee be
reported to the common council, which shall take such action as
the facts warrant.
how pun-
§ 552-SEC. 25. Any violation of the provisions of this or- Violations,
dinance shall be punished by a fine not to exceed fifty dollars ishable.
and costs, or imprisonment in the county jail or in the jail of the
city of Marquette for a term not exceeding two months, or both
such fine and imprisonment in the discretion of the court before
whom such conviction is had.
$.553-SEC. 26. An ordinance adopted June 1, 1871, Repeal.
(eighteen hundred and seventy-one) entitled "An ordinance rela-
tive to a pound, poundmaster and restraining animals" and all
amendments thereto and all ordinances and parts of ordinances
repugnant to or contravening any of the provisions of this or-
dinance are hereby repealed: Provided, That all poundmasters
heretofore appointed by the mayor and common council shall
hold office for the time for which they were appointed unless
sooner removed.
§ 554-SEc. 27. Poundmasters shall have their office in the Office to be
same room occupied by the city recorder and shall therein keep recorder.
with
170
[TO BORROW MONEY.
ORDINANCES OF THE
all books, records and papers pertaining to their office and these
When record- shall at all times be open to public inspection. In the absence of
er to act.
Notice of
locality of
office.
the poundmaster from his office, it shall be the duty of the re-
corder, and the recorder is hereby given full authority to deliver
to the owner any and all animals and domestic fowls impounded
in any pound in the city, on payment of the established fees.
The poundmaster shall conspicuously post at the entrance to
each pound a notice designating the locality of his office.
NOTE. See Act No. 248, Laws of 1879, to prevent animals from run-
ning at large, in cities and villages of over 7,000 inhabitants; printed
in this volume.
Registration.
NUMBER 37.
AN ORDINANCE PROVIDING THE MANNER OF VOT-
ING UPON ANY QUESTION OF BORROWING
MONEY AND THE HOLDING OF
ELECTIONS THEREON.
ADOPTED JULY 6, 1897.
The City of Marquette ordains:
§ 555--SEC. 1. Whenever any question of authorizing the
raising of money by loan upon bonds to be issued upon the
credit of the city has been ordered to be submitted to the
qualified electors of the city at any annual or special election, it
shall be the duty of the boards of registration of the several
wards on the weekday next preceding any such election to meet
When boards from 8 o'clock a. m. to 8 o'clock p. m. at such places therein as
may have been designated by the common council, for the pur-
pose of completing the list of electors qualified to vote at such
election; and the registers of electors of said wards shall be de-
livered to said boards for that purpose and such registration shall
be conducted in the same manner as the registers of electors
prior to elections for city officers, and said registers shall be
returned forthwith to the recorder.
to meet.
Notice of
election.
Election, how
conducted.
§ 556-SEC. 2. The recorder shall give notice of such
election as required by the charter of the city; which notice
shall contain a copy of the form of the question to be submitted
as the same shall have been adopted for use upon the ballots to
be provided for such election; which notice shall also state the
places designated for holding such registration and election, and
contain an announcement of such meeting of the boards of
egistrationec. 8. On the day appointed for such election the
3.
polls in the several wards shall be open and remain open such
hours as may be required by law for city elections, and such
TO BORROW MONEY.]
171
CITY OF MARQUETTE.
election, except as herein otherwise directed, shall be conducted
in all respects as near as may be in such manner as is or may be
provided by law for elections for city officers.
ballot.
§ 558-SEC. 4. Such elections shall be by printed ballot; the Vote by
question to be voted on to be thereon stated in such form as may
be prescribed, and to the right of such question on said ballot
shall be printed the word "Yes" and the word "No", with
squares for making, in the following manner:
Form of question to be voted on-
Yes.
No.
Form of
question.
missioners
§ 559--SEC. 5. It shall be the duty of the board of election Election com-
commissioners of the city to prepare and furnish the ballots for duty.
such election and appliances for marking the same in the same
manner as for other elections, with the following heading and in-
structions placed at the head of such ballot, followed by the
question to be voted on; to-wit:
OFFICIAL BALLOT. PREPARED BY AUTHORITY.
INSTRUCTIONS.
Form of
ballot.
If you wish to vote in favor of authorizing the raising of the loan Instructions.
mentioned in the question below, and the issue of bonds therefor on
the credit of the city, mark an "X" in the square following the word
"Yes" opposite such question on the ballot:
If you wish to vote against authorizing such loan and the issue of
bonds, mark an "X" in the square following the word "No" opposite
such question on the ballot:
Before leaving the booth fold the ballot so that the initials of the
inspector may be seen on the outside.
QUESTION TO BE VOTED ON:
Form of question to be voted on
Yes.
No.
And said board shall also furnish to the inspectors of election Instruction
of each ward not less than twenty-five instruction ballots; two ballots.
of which shall be hung in each polling room and three on the
outside of each building in which the voting takes place.
etc.
§ 560-SEC. 6. The recorder shall furnish to the boards of reg- Recorder to
istration and the election inspectors, at the expense of the city, all furnish boxes
necessary ballot boxes, poll lists, tally sheets stationery and
blank forms for oaths of election officers and certificates of the
votes cast.
§ 561-SEC. 7. The votes cast at such election shall be can- Canvass and
vassed and returns made as provided by law.
return.
172
ORDINANCES OF THE [MARQUETTE MONUMENT.
Preamble.
Acceptance.
Destruction
of monument
ited.
NUMBER 38.
AN ORDINANCE ACCEPTING THE MARQUETTE MON-
UMENT, AND PROVIDING FOR ITS PRESERVATION.
ADOPTED JULY 15, 1897.
Whereas, Peter White, John M. Longyear, Nathan M. Kauf-
man, Edward N. Breitung, Ellen S. White, Mary B. Longyear,
Charlotte Breitung, John Vertin, G. Mott Williams, the Society
St. Jean Baptiste and numerous other citizens co-operating with
them, have erected and donated to the city a beautiful and appro-
priate monument to the memory of him whose unselfish devotion
to humanity, ardent zeal and heroic deeds contributed to light
the lamp of civilization upon these shores where now the people,
in their organic capacity, proudly bear his name:
The City of Marquette Ordains:
§ 562-SEC. 1. The people comprising this municipality
hereby acknowledge their high appreciation of the public spirit
of the donors; they officially and gratefully accept this magnifi-
cent gift to the public; they assume the guardianship of this
beautiful and enduring conception by Gaetano Trentanove, of
him whose patronymic these people bear, JACQUES MAR-
QUETTE. In order therefore, that said monument may be
preserved to commemorate to posterity the life and deeds of one
who gave so much to make it possible for us and our successors
to here enjoy the blessings of modern civilization, it is further
ordained:
§ 563-SEC. 2. No person shall destroy, injure or deface in
etc., prohib any manner the said monument, the statue of Marquette, its
base, tablets or inscriptions, or any fence, turf, tree, shrub,
plant, flower or other thing placed or kept for use or ornament
in connection with said monument or the premises reserved or
used therefor; nor shall any person attempt to destroy or injure
or deface the same or any part thereof.
Violation,
how pun-
ished,
Preamble.
§ 564-SEC. 3. Any person violating any of the provisions
of this ordinance shall be punished by a fine not exceeding one
hundred dollars, or by imprisonment in the city lock-up or
county jail for a period not exceeding ninety days; or by both
such fine and imprisonment, in the discretion of the court before
which any conviction shall be had.
A RESOLUTION RELATIVE TO DELINQUENT PER-
SONAL TAXES.
ADOPTED MARCH 7, 1898.
Whereas, There are standing charged on the books of the city
against the city treasurer many delinquent personal taxes, most
PERSONAL TAXES.]
173
CITY OF MARQUETTE.
of which are considered uncollectable, and such taxes are likely
to accumulate in future, and
Whereas, It is deemed desirable that all such delinquent taxes Uncollected
as may be considered uncollectable shall not be carried upon the taxes.
books of the city as charges against the treasurer, but as charges
against the persons and property liable to pay the same:
file statement
controller,
§ 565. Resolved, That whenever the city treasurer shall file Treasurer to
with the controller a certificate that any personal taxes, interest with
and charges remaining uncollected for one year after the first
day of March following the levy of such taxes are uncollectable
for want of property on which to levy, the controller shall
credit the treasurer therewith and enter the same in an account Credit given
to be kept by him in a separate book entitled "Delinquent Per- treasurer.
sonal Taxes," as charges against the persons and property as-
sessed for such taxes; and the treasurer shall note on the proper Treasurer to
delinquent personal tax lists in his hands the fact of the entry make entries.
of such taxes in said delinquent personal tax account; and:
Provided, That said taxes and the interest and charges thereon.
shall remain as claims against the persons and property assessed
and shall be collected by the treasurer or otherwise, the same as Taxes to be
though such credit and entry in such account had not been made: reported.
And provided, That the treasurer shall forthwith report to the
controller the collection by him of any such taxes thereafter,
and the controller shall charge the treasurer and credit said ac-
count therewith.
collected and
THE REMITTING OF SPECIAL ASSESSMENTS.
On Oct. 4, 1897, the common council adopted the following
report of the committee on finance and taxation:
"Your committee respectfully report that upon a careful ex-
amination of the equities involved in the matter of special as-
sessment taxes, they recommend that the policy be adopted by
the common council of refusing to rebate or remit special assess-
ments which benefit the property, such as street improvements,
sidewalks and sewers. Such assessments are levied upon the
theory that the money expended is a direct benefit to the prop-
erty assessed, and where benefits of this character are conferred
by the public, there can be no good reason for relieving individ-
uals from their payment.
"We are asked in a number of cases to remit such assessments
upon property owned by very aged people, and should such as-
sessments be remitted, it would in effect directly benefit the
heirs of such persons upon their death, and such heirs, we think,
can very well afford to raise the amount required to pay the as-
sessments to preserve the property from sale."
174
DAVIS SEWER SPECIFICATIONS.

SEWERAGE.
THE DAVIS SEWER SPECIFICATIONS.
PREPARED BY
CHESTER B. DAVIS, CONSULTING ENGINEER.
ADOPTED BY THE COMMON COUNCIL OCTOBER 1, 1887.
GENERAL SPECIFICATIONS AND CONDITIONS
OF AGREEMENT.
Sec. 566-(1). INTENTION. It is in-
tended that these specifications, and each
contract and specification shall cover the
completion of the work to which it re-
lates.
Sec. 567-(2). CITY. By the term city
is meant the City Council of Marquette,
Mich., or the commission appointed by
said council to the general charge of the
work of sewerage construction.
Sec. 568-(3). ENGINEER. Whenev-
er the word "Engineer" is used herein,
it shall be understood to refer to the en-
gineer appointed by the city to the charge
of this work and to his authorized as-
sistants limited by the particular duties
intrusted to them.
Sec. 569-(4). CONTRACTOR. When-
ever the word "Contractor" is used here-
in it shall be understood to refer to the
party or parties contracting to perform
the work to be done under these general
and detail specifications, or to the legal
representative of such party or parties.
Sec. 570-(5). MATERIAL, LABOR,
ETC. The contractor is to furnish at his
own cost and expense all transportation,
plant, tools, labor, materials (except such
materials as are distinctly specified that
the city shall furnish), and all else re-
quisite to execute and complete the work
in the best possible and most expeditious
manner, and according to the drawings
and specifications. He shall employ only
competent foreman and experienced me-
chanics and laborers, and shall discharge
immediately, whenever required to do so
by the engineer, any man considered by
the engineer as incompetent or disposed
to be disorderly; and shall not again em-
ploy such person on the work. Prefer-
ence must be given in the employment of
Cal
laborers and others to residents of Mar-
quette.
Sec. 571-(6). INSPECTION. All ma-
terials furnished and work done will be
inspected by the engineer, and if not in
accordance with these specifications and
the contract, they will be rejected and
shall be immediately removed and other
work done and materials furnished in ac-
cordance therewith. If the contractor re-
fuses to remove the work and materials
as above, when ordered, then the engineer
shall have the right and authority to stop
the contractor and his work at once, and
to supply men and materials to remove
and correct the faulty work and materials
at the cost and expense of the contractor,
such expense to be deducted from any
moneys then due, or to become
due, to the contractor from the
city. The contractor shall furnish all
'necessary facilities, should it be advisa-
ble to make any examination of the work
already completed. If any be found de-
fective in any respect, he shall defray the
expenses of such examination and of sat-
isfactory re-construction.
If all be found satisfactory, such ex-
pense will be paid by the city. The en-
gineer shall have the right to reject, at
any time previous to the final settlement
with the contractor, any work or mater-
ials which may be found to be faulty.
Sec. 572-(7). TIME. The successful
bidder must sign the contract for the
work to be done by him, within six (6)
days after the contract is awarded to him,
and must begin work at any time fixed
by the engineer for him to begin, after
ten (10) days from the date of awarding
the contract. He shall proceed with the
work, prosecuting it with due diligence
DAVIS SEWER SPECIFICATIONS.
175
from day to day, at such time, in such
places and with such force as the engi-
neer may, from time to time, direct dur-
ing the progress of the work, and there
must be done during each month allotted
for doing the work, not less a portion of
the whole work than one month is of the
whole time, and he must complete the
work at or before the time fixed for com-
pleting it.
The
Sec. 573-(8). INSTRUCTIONS.
contractor, in the performance of his
work, must follow strictly and without
delay all instructions and orders given by
the engineer. In the event of the contract-
or's absence from the work, he must
leave it in charge of a duly authorized
representative to whom orders and in-
structions may be given. If he fails to
do this, then the contractor will be held
responsible for the proper carrying out of
such orders and instructions as it may
be necessary for the engineer to give to
any superintendent, foreman, or other
person employed about the work.
Sec. 574-(9). RESPONSIBILITY. The
contractor will have charge of, and be
responsible for, the entire work until com-
pleted and accepted by the city, and until
the contractor is formally released from
his obligations. He is required not to as-
sign or sublet his contract without writ-
ten permission from the city upon the rec-
ommendation of the engineer, but must
keep it under his control until completed
and accepted, and in case of his absence
from the works, must have a duly quali-
fled person to take charge of them.
This section is not to be construed to
prevent the city from entering upon the
use of the whole or any portion of the
work which may be in condition to use
at any time previous to its final accept-
ance, and such is not to be taken as an
acceptance by the city of the whole or any.
part of the work performed under this
contract.
Sec. 575-(10). DELAYS. No charge
made by the contractor for any delays
or hindrance from any cause during the
progress of any portion of the work em-
braced in his contract will be allowed.
If the delay be caused by any act or
neglect of the city, then he will be en-
titled to an extension of the time allowed
for the completion of the work, sufficient
to compensate for the delay, to be deter-
mined by the engineer, provided the con-
tractor shall give the engineer immediate
notice of the cause in writing. If the
contractor fails to complete the work at
the date specified, he shall forfeit to the
city, as liquidated damages, the sum of
twenty-five (25) dollars per day for each
and every day which the completion of
each portion of the work embraced in his
contract is delayed beyond the time fixed
by the contract.
Sec. 576-(11). CLEARING UP. Be-
fore the work will be considered complete
all rubbish and unused material due to,
or connected with the construction must
be removed and the premises left in a
condition satisfactory to the engineer. All
sidewalks and crosswalks must be cleared
up; and streets, curbs, crosswalks, pave-
ments, sidewalks, fences and other pri-
vate and public property disturbed or
damaged, must be restored to their for-
mer condition, and final payment will be
withheld until such work is finished.
Sec. 577 - (12). DISAGREEMENT.
Should any disagreement or differences
arise as to the true meanings of the
drawings or specifications in any point,
the decision of the consulting engineer
shall be final and conclusive and binding
to all parties to the contract.
Sec. 578-(13). CHANGING AMOUNT
OF WORK. The city reserves the right
to increase or decrease the
decrease the amount of
work or any part thereof to the amount
found necessary. No allowance will be
made in case of increase for any real or
supposed damage, or loss of profit occa-
sioned by such diminuation. The time
fixed for the completion of the work will
be proportionately increased or diminished.
Sec. 579-(14). WEATHER. During
unsuitable weather all work must stop
when such work would be liable to be in-
jured, and it must be suitably protected
from such possible injury.
Sec. 580-(15). EXTRA WORK. No
extra work will be paiu for or allowed
unless the same was done upon the writ-
ten order of the engineer. Subject to this
condition, extra work will be paid for ac-
cording to the schedule of price bid. In
the case of work not included in the
schedule, ten per cent advance upon the
actual cost as determined by the engineer,
will be paid to the contractor. All claims
for extra work must be made to the en-
gineer in writing, before the payment of
the next succeeding estimate after the
work shall have been performed and fail-
ing to do this, the contractor shall be con-
sidered as having abandoned his claim.
Sec. 581-(16). LAWS. All city, coun-
ty, or state laws, ordinances, or regula-
tions limiting or controlling the action or
operations of those engaged upon the
work, or affecting the materials applied
to them, must be respected and attended
to,
Sec. 582-(17). CLAIMS. Before final
settlement will be made, the contractor
176
DAVIS SEWER SPECIFICATIONS.
must furnish to the city satisfactory evi-
dence that all persons who have been em-
ployed upon the work, or who have fur-
nished materials for the work under his
contract and according to these specifica-
tions, and who may have been entitled
to a lien, have been fully settled with and
are no longer entitled to a lien. In case
such evidence is not furnished, then the
city may retain from all moneys due to
the contractors, and in its possession,
such an amount as may be deemed neces-
sary to meet all lawful claims, due to the
above mentioned parties until such claims
are fully discharged and the evidence
thereof furnished.
Sec. 583-(18). DAMAGES. The con-
tractor will be required by his contract
to preserve the city harmless from all
claims for damages, from any and all
causes and natures whatever in connec-
tion with his work or any part thereof,
and also to act as defendant in each and
every suit of any kind and nature which
may be brought against the city by rea-
son of work done under his contract.
If
Sec. 584-(19). ABANDONMENT.
the contractor shall abandon his work
under this contract, or if at any time the
engineer shall be of the opinion and shall
so certify to the city that the work or any
part thereof is unnecessarily delayed, or
that the contractor is wilfully violating
any of the conditions of the contract or
executing the same in bad faith, then at
the option of the city the contract may be
declared null and void, the security may
be forfeited, and the materials delivered
at and built into the work shall be the
property of the city. The city may them
at its option proceed to complete the
works either by day's work or by con-
tract, and any and all damages and in-
creased costs of the work to the city will
be deducted from the fund's retained by
the city, and from any sum realized from
the value of the materials reverting to the
city.
Sec. 585-(20). ESTIMATES. Unless
otherwise provided for in the detail spe-
cifications, the engineer, during the first
week of each month, will make an ap-
proximate estimate of the value of the
work completed and materials delivered
and the contractor will be paid the amount
due him under his contract on or before
the tenth (10) of the month. A final es-
timate of all the work done and materials
delivered according to the contract and
these specifications will be made imme-
dlately after the engineer has satisfied
himself that the work has been and is
finally and fully completed in strict ac-
cordance with the contract and specifica-
tions, and the contractor will be paid as
hereinafter provided.
Sec. 586-(21). PLANS AND SPECI-
FICATIONS. The contractor will be fur-
nished with one sel of drawings, prints
or tracings, and a set of specifications,
giving all the details and dimensions nec-
essary for carrying out the work. Dimen-
sions given in figures will have the pref-
erence over the scale where there is any
discrepancy. If the contractor does not
fully understand the plans or specifica-
tions, or is in doubt as to the engineer's
ideas or intentions concerning any part or
portion of the work, he must satisfy him-
self concerning it by inquiry of the engi-
neer before bidding, for he will be held
rigidly to the engineer's interpretation of
The plans after the contract is drawn. The
plans and specifications are intended as
complete, but should anything be omitted
accidentally from the plans and specifi-
cations which is necessary to complete the
work in accordance with the apparent in-
tention of the engineer, it will be supplied
by the contractor and at no extra cost to
the city. Any work done by the contrac-
tor which is strictly extra work will be
settled for as provided above. All ma-
terials, lines, and grades must be in full
accordance with the plans, and no devia-
tion from the plans and specifications will
be allowed, except by written authority
of the engineer.
The copy of the plans and specifications
furnished the contractor must be kept
constantly at work, must be well cared
for, and returned to the engineer when
the work is completed. The engineer will
stake out all the work and set all grade-
stakes, bench-marks, etc., set or estab-
lished along the line of the work until
authorized to remove them. If moved by
carelessness or without authority, they
will be set, if needed, at the expense of
the contractor.
Sec. 587-(22). SECURITY. Each bid-
der will be required to deposit with bids
certified check for three per cent of the
gross amount of his bid-said amount to
'be not less than five hundred dollars, or
cash of the same amount, as a guarantee
that he will enter into a contract with the
city, to do the work according to the
plans and specifications, and for the
amount of his bid. The check or cash
will be forfeited if he fail to enter into
such contract, if the work be awarded to
him. The deposit will be retained and
placed to the credit of the successful bid-
der.
The security for the proper performance
of the work, and the completion of the
contract will be ten per cent of the total
J
DAVIS SEWER SPECIFICATIONS.
177
•
contract price, or at the option of the city,
a penal bond with two good and sufficient
sureties, acceptable to the city. No pay-
ments will be made on the contract until
this, amount, namely, ten per cent, includ-
ing the amount deposited above has been
placed to the credit of the contractor in
accordance with the engineer's estimates,
and this amount will be retained until the
final settlement of the contract. After
the completion and before the acceptance
of the work the contractor will be re-
quired to give bond for the maintenance
of the work as specified.
On or
Sec. 588-(23). PAYMENTS.
before the tenth of each month the con-
tractor will be paid the balance due him
as shown by the engineer's estimates af-
ter deducting ten per cent of the total
amount of his contract, also all previous
payments and all charges against him.
The final payment will be made within
sixty days after the formal acceptance
of the work by the engineer and the city.
If a penal bond be accepted as security
then the monthly payments will be eighty
per cent of the engineer's estimates.
Partial payments made upon the engi-
neer's estimates, either monthly or other-
wise, shall not be construed as a final or
partial acceptance of any portion of the
work or as relieving the contractor in any
way from the responsibility herein con-
templated. Payment will be made by de-
posit to the credit of the contractor in a
national bank in the city of Marquette,
Mich.
Sec. 589-(24). PROPOSALS. Propo-
sals must be enclosed in sealed envelopes
and each must have written on it plainly
the word "Proposal" and a statement also
of the portion of the work for which it is
a proposal. No proposals will be re-
ceived after the limiting time fixed for re-
ceiving proposals, and no bidder will be
allowed to withdraw his proposal after it
has been opened and read, except in the
event of a failure to award contracts for
the work within thirty days after the
time of opening the proposals.
All
Sec. 590. SPECIFICATIONS.
work must be done in strict accordance
with the above general specifications, and
also in strict accordance with the detail
their appropriate
specifications under
headings, and the general and detail spe-
cifications will be attached to and made
a part of the contract to which the detail
specifications relate.
The right is reserved to reject any and
all bids.
DETAIL SPECIFICATIONS.
MATERIALS.
591-(a). VITRIFIED
VITRIFIED
are
Sec. 591-(a).
STONE-
WARE SEWER-PIPE AND SPE-
CIALS. The pipe-sewers will be com-
posed of straight sections, which
herein termed "pipe" and which will be
in two and three feet lengths, and also
of branches, bends, reducers, etc., which
will herein be called "specials."
Sec. 592. The pipe and specials form-
ing the main sewer, branches, laterals,
and lot connections, shall be of the best
quality of salt-glazed, vitrified stone-
ware sewerpipe.
Sec. 593. They must be carefully se-
lected and examined by the contractor be-
fore being delivered at the work.
All ma-
terials used in the work must conform
to the following requirements, and all re-
jecled pipe and specials must be plainly
marked and stored or removed.
Sec. 594. The hubs or sockets must be
of sufficient diameter to leave an annular
space of not less than three-sixteenths of
an inch all around for the cement joints,
and such as to admit to their full depth
the spigot end of the next following pipe
or special without chipping either.
Sec. 595. All blisters, lumps, and other
irregularities and variations from a truly
straight and smooth surface on the inside
of the pipe and specials will cause their
rejection if they are of such size as to
cause any appreciable resistance to the
flow of the sewage or tend to catch float-
ing solids. The pipe need not be rejected
if these irregularities or rough places are
slight and are all on one side of the pipe
so that it may be laid with them at the
top and such that they do not extend
more than one-eighth the circumference
either way from the extreme top.
Sec. 596. Lumps or broken blisters on
the outside of the pipe will not cause the
pipe to be rejected unless it cannot be laid
properly with the blister at the top, and
except where the depth of the blister is
one-quarter of the normal thickness of
the pipe, the length over four inches and
the width more than one-tenth the cir-
cumference of the pipe. When the pipe
must be laid so that the blister comes at
the bottom, they must not exceed one-half
of the limiting size and depth for those al-
lowable for the top of the pipe.
Sec. 597. No pipe having a piece broken
from the hub which is more than one inch
wide will be used unless such pipe can be
178
DAVIS SEWER SPECIFICATIONS.
properly laid with the broken part on the
top, and in this event the width of the
break must not exceed one-twelfth the
circumference of the pipe.
Sec. 598. Any pipe or special having
more than two longitudinal firecracks, or
having two at either end, or having more
than one transverse fire-crack, or having
one crack caused by any other than the
process of burning, shall be rejected.
Sec. 599. No longitudinal fire-crack
over one and a half inches long and no
fire crack extending entirely through the
pipe or specials, or over four inches long
extending half way through, or over sev-
en inches long extending one-quarter way
through, nor any transverse crack longer
than one-tenth of the circumference will
be considered admissable, and pipe or spec-
ials with cracks exceeding these limits
or being more than one-eighth of an inch
wide will be rejected. In case of uncer-
tainty concerning cracks not covered by
the above specifications, the decision of
the engineer in charge must be obtained.
Sec. 600. Fully sixty per cent of all
pipes and specials larger than ten inches
in diameter must be substantially circu-
lar in cross-section, and of those less than
twelve inches in diameter not less than
seventy per cent must be substantially
circular in cross-section. Of the remain-
der, the allowable divergence from
truly circular cross-section shall never
increase or decrease the proper diameter
more than five per cent, and all having
flat places, angles, or sharp curves of any
magnitude, will be rejected.
a
Sec. 601. Pipes and specials poorly
burned or partially vitrified; those made
of improper materials and by improper
methods; those which in their length, when
intended for straight pipe, deviate more
than one-quarter of an inch from a
straight line, or having any palpable de-
fecl other than those enumerated above,
will be rejected.
Sec. 602. The amount of pipe and spe-
cials having the imperfections noted above
which will be accepted is left to the dis-
cretion of the engineer.
Sec. 603-(b). BRICK. All brick used
in the work must be of an acceptable
quality and hard burned sewer brick.
There may be two grades, as follows:
Those of the first which will be known
as first quality and must be carefully se-
lected whole brick. They must be uni-
form in size, the greatest variation al-
lowable in any dimension being one-
eighth of one inch; must be of good shape
and free from swell and warp, the max-
imum deviation from any plane surface
being one-eighth of one inch; must be
homogeneous in texture and free from
lime and gravel; must be tough and made
from well-tempered clay; must be well
and thoroughly burned; must be free from
all drying or fire cracks over one-quarter
inch deep, three inches long or one-six-
teenth inch wide; must ring sharply when
two are struck together. They must have
a reasonably smooth surface.
Sec. 604. Those of the second grade or
second quality brick may be the best
left after selecting the first grade; the
maximum variation in dimension allow-
able is three-sixteenths inch; maximum
swell or wrap allowable is three-sixteenths
of an inch; maximum fire or drying
cracks allowable must not exceed in
width three-sixteenths inch; length four
inches; depth, one-half inch. They must
be hard-burned, homogeneous, well-tem-
pered and well-burned whole brick and
free from lime and no soft or poorly
burned, brittle brick will be accepted.
Sec. 605-(c). STONE. All stones
used in the work must be of a homoge-
neous, fine-grained, hard limestone or
sand stone, free from seams, cracks, lam-
ination, and from pyrites, and other for-
eign substances, and must be of such na-
ture that it will stand the action of frost
and water. It must be of the dimensions
called for by the drawings and required
by the general and detail specifications.
All stone must be laid on their natural
bed.
Sec. 606-(d). CEMENT. American
Hydraulic and Saylor's American Port-
land Cement or Imported Portland Ce-
ment will be used and each must be fully
equal to the best of its kind and class.
All cement must be freshly made, finely
ground and of standard make, and must
be acceptable to the engineer who will
inspect and test it and reject any which
is inferior in quality or unsuitable for the
work. It must be kept well protected.
All rejected cement must be removed im-
mediately from the store-house and from
the vicinity of the works. The city re-
serves the right to purchase at the lowest
market price such cement as may be re-
quired in the work and to furnish the
same at the expense of the contractor if
he fails to provide suitable cement.
Sec. 607-(e). SAND. All sand used
in the work must be clean, fine, sharp
bank sand, and must be screened when
desired by the engineer. All proportions
of sand specified must be determined by
actual measurement.
mortar
Sec. 608-(f). MORTAR. All
used for joints of vitrified pipe and the
inside ring and lower half of brick sew-
ers must be made by mixing when dry
DAVIS SEWER SPECIFICATIONS.
179
one part Saylor's or imported Portland
cement as specified with three parts of
sand.
When thoroughly mixed, enough
water must be added to produce the
proper consistency.
Sec. 609. The mortar to be used in lay-
ing the brick-work of sewers and appur-
tenances other than above may be formed
of one part American hydraulic cement
and two parts of clean, sharp sand, free
from gravel and clay, well mixed when
dry; or one part Saylor's or English Port-
land cement mixed with four parts sand
with water added to make it of proper
consistency.
Sec. 610. All proportions of sand and
cement must be carefully measured be-
fore mixing. Mortar must be mixed only
in such quantities as can be used before
any signs of setting occur, and any which
shows signs of setting must not be used.
Sec. 611-(g). CONCRETE. All con-
crete used will be formed of one part
Portland cement as specified, with three
parts clean, sharp bank sand and the whole
thoroughly incorporated by careful mix-
ing while dry. The least amount of water
needed to form a mortar will be used.
This will then be thoroughly mixed with
three parts clean, coarse bank gravel, or
fine broken stone or broken hard brick ac-
ceptable to the engineer. The concrete
must be made as dry as possible and of
such consistency that the mortar will just
flush the surface when completely
tamped. All mixing must be done in box-
es or on a tight board floor. Concrete
must be placed in layers not over eight
inches thick and the whole must be
well tamped. All parts must be carefully
measured. The brick or stone used must
be thoroughly wetted before being used.
Sec. 612-(h). IRON-WORK. All cast-
iron used in and built into the work must
be of good
good quality strong gray iron,
sound and homogeneous and well-coated
by dipping in asphaltum and coal tar mix-
ture. All wrought iron used must be of
good quality refined merchant iron. All
forging must be well and properly done
and the whole must be thoroughly and
properly coated with asphaltum. All iron
work must be of the form, dimensions and
weight shown or specified.
Sec. 613-(i). LUMBER. All lumber
furnished to be built into the work per-
manently, must be of pine, unless other-
wise specified, and sound and of good
quality, free from large knots, shakes,
dry rot, objectionable cracks, and other
defects which would injure its strength
or durability.
CONSTRUCTION.
The price
Sec. 614. EXCAVATION.
paid for "excavation" will include and
the term "excavation" will mean and cov-
er, the whole cost and work of excavating
the trenches and re-filling them with
earth, restoring the street, walks, curbs,
gutters, etc., to their former condition,
hauling away surplus material, as well as
the cost of pumping, bailing, planking and
shoring, excepting such lumber as may
he left in by express orders of the engi-
neer in charge.
Excavations will be divided into two
kinds: "Ordinary" or "Earth Excava-
tion." and "Rock Excavation."
(1). ORDINARY EXCAVATION.
Sec. 615. By "ordinary excavation" is
understood the taking out of all materials
which can be removed by pick and shovel
or ax, whether hardpan, quicksand, loose
and disintegrated rock, timber and
stumps, boulders not exceeding in dimen-
sion one-half cubic yard, and all other
materials not requiring blasting or the
use of the hammer and chisel to effect
their removal. The ground shall be ex-
cavated in open trenches from the surface
to the necessary depth, and of the width
and length specified elsewhere, and no
tunneling will be allowed except where
shown on the plans or by written consent
of the engineer in charge, and then it
must be in strict accordance with his di-
rections and instructions.
Sec. 616. The trenches will be excavated
in the rough, to the depth of the sewer
center, where they must be in width one
foot greater than the greatest horizontal
diameter of the sewer intended to be laid
in them, unless the nature of the ground
compels a greater width. The sides of the
excavation must have minimum slopes.
Not more than two hundred and fifty feet
of trench shall be fully opened at one
time in advance of, nor shall more than
three hundred feet of trench be left un-
filled back of the completed sewer, except
by permission of the engineer.
Sec. 617. All materials excavated or
delivered for use on the work must be so
placed as to interfere as little as possible
with travel. The cross-walks and foot-
walks must be kept clear of earth, etc.,
for a width of three feet, for which pur-
pose boards shall be placed when needed.
Sec. 618. The contractor is required to
sling, shore up and secure in their places
all water and sewer-pipes without injury,
180
DAVIS SEWER SPECIFICATIONS.
and without interrupting their use, and to
provide for the flow in and maintain all
drainage and water courses, whether on
the surface or underground, which may
be interfered with or interrupted during
the progress of the work. All surface
drainage must be directed away from the
trenches, and the flow from all drainage
and water courses and the sub-soil must
be kept from running through the com-
pleted sewer.
Sec. 619. The contractor must provide
and maintain all necessary fences, walks
and bridgeways, and must prosecute his
work so as not to interfere with the run-
ning of railway cars, and no charges
against the city or railway companies for
extra costs on this account will be al-
lowed.
Sec. 620. The contractor must place
sufficient lights on or near the work and
keep them burning from twilight until
sunrise, and provide watchmen on the
work for the safety of the public when-
ever deemed necessary by the engineer.
Sec. 621. The sides of the trench shall
be properly and securely supported by
shoring, bracing, sheet-piling or other-
wise, whenever there is danger to the
workmen or to the completed sewer or
work, from caving or sliding earth.
Sec. 622. Proper and suitable appli-
ances must be provided by the contractor
for removing all water which may be
found or which may accumulate in the
trenches or other excavations, and he
shall form all dams or other work neces-
sary to keep them entirely clear of water
while the work is being done. The sew-
ers shall not be used for the purpose of
draining the water away unless upon
written permission from the engineer in
charge for each occasion.
Sec. 623. All surplus earth shall be
hauled away and deposited, as directed
by the engineer, at the nearest point pos-
sible.
ROCK EXCAVATION.
Sec. 624. By "rock excavation" is un-
derstood the taking out of all materials
which can only be removed by plug-and-
feather, cold chisel or blasting, and the re-
moval of stones and boulders of greater
volume than one-half cubic yard each.
Sec. 625. No soft, disintegrated lam-
inated rock which may be moved by, pick
and shovel, sledge or bar; no boulders of
less than one-half cubic yard, or loose
rock, rock fillings or earth which may
cave into the trench, will be measured or
allowed for as rock.
Sec. 626. At the centre of the sewer the
trench shall be one foot wider than the
greatest horizontal diameter of the pipe or
sewer, and the bottom shall be hollowed
out approximating the shape of the sewer,
to a depth of six inches below the bottom
of the sewer. The sides of the excavation
are to be given a minimum slope, until a
width sufficient for proper working and
freedom from liability of caving is ob-
tained, then the sides are to be carried up
vertically when possible to the top sur-
face of the rock. Not less than fifty feet
of trench shall be opened in advance of
the completed portion of the sewer.
Sec. 627. When rock is excavated, it
shail be stripped in sections of not less
than fifty (50) feet, and the engineer no-
tified in order that it may be measured
and cross-sectioned. It will be paid for
as measured in place. Rock excavated
or blasted before such measurement will
not be allowed for.
Sec. 628. All blasts must be securely
and properly covered with heavy timber
and the finished portions of the sewer
which are so exposed as to be liable to
be damaged must be properly protected.
After the blast all surplus material must
be removed immediately.
Sec. 629. Whenever water, gas pipe or
sewers intersect the work, all rock exca-
vations within the limit of danger of frac-
turing such pipe, sewer, etc., shall be ac-
complished without blasting, and no extra
allowance shall be made therefor.
RE-FILLING.
Sec. 630. No portion of the sewer will
be covered until it has been examined
carefully by the engineer and instructions
given to proceed with the filling. If this
rule is violated the engineer in charge
will have the right to stop the active work
and not allow it to proceed until the work
has been uncovered, thoroughly cleaned
off and every step taken to admit of thor-
ough inspection.
Sec. 631. In case the contractor refuses
to have the work uncovered, or to grant
the necessary facilities for inspection to
the satisfaction of the engineer in charge,
it shall be left entirely to the engineer's
discretion to employ men at the contrac-
tor's cost and expense to prepare the work
for inspection, or to condemn the work at
once and order its removal.
Sec. 632. As soon as instruction is giv-
en to proceed with the filling, carefully
selected earth. sand if in the immediate
vicinity, free from stones, lumps, or other
hard substances (if over two inches in
diameter in the case of pipe sewers, of
four inches in diameter in the case of
brick sewers) will be carefully shoveled
into the trench to a depth of one foot
above the crown of the sewer. In the
case of newly laid pipe sewers in trenches
DAVIS SEWER SPECIFICATIONS.
181
over six feet deep, the earth must not be
thrown directly on to the pipe, but must
first be shoveled on to a portion already
covered, and then passed along on to the
uncovered portion by à laborer in the
trench: From this point to the surface,
the filling will be placed in layers, free
from stones weighing over thirty pounds
and it must be securely and firmly
tamped and compacted by a heavy roller,
or if this cannot be used, then by heavy
pavior's rammers. If water is available,
the whole, or such portion of the trench
as may be directed by the engineer, shall
be puddled or wet down during the fill-
ing.
Sec. 633. In streets and alleys that are
paved or are soon to be paved the earth
when replaced must be SO securely
tamped that the pavement may properly
be placed at once. In unpaved streets
and alleys, and through public or private
grounds, the earth must be securely
tamped or rolled in layers not exceeding
twelve inches in thickness, and as di-
rected by the engineer.
Sec. 634 On slopes and elsewhere when
directed, dams of brush, boards or other
materials to prevent the washing out of
the trenches, must be built by the con-
tractor, where the engineer deems neces-
sary, and at no additional cost to the city.
Sec. 635. In case good clay is found in
the excavation, if the engineer orders it,
a sufficient amount shall be saved out
and tempered and placed next to the arch
in refilling the trenches of brick sewers.
Walking over sewers will not be allowed
until they have been covered with at least
one foot of earth. All boulders, rocks,
stumps and logs or other objects of over
thirty pounds weight, and such other ma-
terial as the engineer may deem unsuited
for filling, shall be considered as waste
or surplus material, and the engineer may
limit the amount of stones, rocks, etc.,
used in filling.
Sec. 636. If a deficiency occurs in the
amount of earth for filling, it will be
hauled at once, by the contractor, and at
no extra cost to the city.
Sec. 637. All surplus material, will be
removed from the line of the work im-
mediately and the streets and alleys prop-
erly cleaned up.
Sec. 638. All timber for shoring or
other purposes, will be drawn carefully as
the work of filling progresses, but never
in such a way as to allow the banks to
cave or slide.
Sec. 639. The contractor must restore
to as good as their original condition all
street and alley surfaces-all side-walks,
cross-walks, curbs, gutters, etc., and all
3
public and private property disturbed
during the progress of the work, and he
will be required under bond to maintain
such in proper condition for one year from
the date of acceptance of his work.
Sec. 640. PIPE SEWERS. All mater-
ials used must be in full and strict ac-
cordance with the specifications for the
same and the general specifications.
Sec. 641. If not furnished by the con-
tractor they are to be hauled by him at
his own cost and expense and he will be
held responsible for, and charged with the
cost of, all lost or damaged. He must not
deliver at the work any material which
has been rejected.
Sec. 642. Before laying the pipe, the
trench bottom in earth excavation will be
carefully and accurately cut or formed to
the true grade and shape with wet sand
well tamped. Bell holes will be cut in the
bottom to receive the hub or bell of the
pipe, and they must not be so large as
to reduce the bearing of the pipe to less
than fifteen inches of its length. They
will be deep enough to readily admit
making good and proper work at the bot-
tom of the joint. If by accident or care-
lessness the bottom be excavated below
the proper grade, it shall be restored to
grade by filling with wet sand and com-
pactly ramming it, or in such other way
as the engineer may deem necessary to
secure a firm and proper bed.
Sec. 643 lf water accumulates in the
trench or bell-holes, it must be carefully
removed before, making the joint. The
exact grade of the bottom will be ob-
tained by measuring down with an ac-
curately divided pole from pegs driven
in the bank by the engineer, or in any
other way the engineer may approve.
Center line stakes will also be placed by
the engineer, and the greatest care must
be taken to lay the pipe in a perfectly
straight line and perfectly at grade and
to bed it securely and evenly. Any de-
viation, between man holes, either hori-
zontally or vertically from a truly straight
line if over one-half inch, will not be al-
lowed, and the sewer thus out of line
must be taken up and re-laid. Before
lowering into the trench, all pipe, branch-
es and other specials must be carefully
examined and tested for flaws, cracks,
etc., and they must be matched so as to
form a smooth and concentric line of pipe
in the trench. All not strictly in accord-
ance with the accompanying specifica-
tions, for vitrified earthen-ware pipe will
be rejected and must be removed from
the work at once and marked in a con-
spicuous manner to prevent their return
to the work.
182
DAVIS SEWER SPECIFICATIONS.
It
Sec. 644. In laying the pipe the joint
will be made by first inserting the pipe
end into the socket and passing it evenly
and squarely against the shoulder, ad-
justing it so as to be truly in line along
the invert and sides and at grade.
will then be held firmly until a hemp or
oakum gasket has been pressed securely
back into the joint around the whole pipe.
All pipes having defects which are ad-
missible by the specifications will be laid
so that these defects must be well covered
and filled with cement mortar. No pipe
joint will be cemented until at least three
Joints ahead of it have received their gas-
kets, and all pipes must be freed from dirt
before laying, and also, after making the
joints, of any mortar which may have
found its way to the inside.
Sec. 645. At least two inches in depth
of the joint shall be first filled with ce-
ment mortar, as specified above. This will
be rammed into place with a hardwood
rammer when the joint is large enough to
admit of it. The joint will then be com-
pletely filled by pressing into it with the
fingers all the mortar it will hold. The
mortar will be neatly bevelled off from
the outer edge of the hub to the sides of
the pipe, especial care being taken to se-
cure good and proper work at the bottom
of the joint.
Sec. 646. After the joint is made, sand
or fine earth will be firmly pressed into
the bell-hole by hand to hold the mortar
in place. Great care must be taken not
to disturb the joint after it is made, by
stepping on or near the pipe, or laying
material upon it.
Sec. 647. Double "y" junctions or two
single "y" junctions-the lateral branches
being four inches and six inches in dia-
meter unless otherwise specified-will be
placed at the down grade of every lot,
thus making them every eleventh length
when the lots are twenty-two feet wide,
and every tenth length when the lots are
twenty feet wide, and every twelfth and
thirteenth length alternately when the lots
are twenty-five feet wide. No branches
will be placed in the street crossings un-
less specially ordered.
Sec. 648. Unless some connection be
made at once, each lateral branch will
be closed by an earthware cap, bedded in
lime mortar and securely covered with
cement mortar, and a stake must be driv-
en by the contractor at the lot line oppo-
site, or some permanent mark made, to
show its precise location.
Sec. 649. When the bottom or bed of
the trench is too soft, or not a suitable
foundation In the opinion of the engineer,
a foundation will be made as directed by
him, and will be paid for at schedule
prices, or in the manner provided for ex-
tra work.
Sec. 650. The contractor will take the
precaution each time of leaving the work
to securely close up the end of the pipe
and to keep it free from dirt, refuse and
storm water. The sewer must not be used
to drain water from the trench without
permission from the engineer.
Sec. 651. In boltoming out the trenches
to the shape of the pipe, all stones and
other substances less unyielding in their
nature than the earth, and of over three
inches diameter, will when discovered be
removed from within four inches of the
pipe, so that its bearing may be as nearly
perfectly uniform as possible.
Sec. 652. The completed sewer must be
laid so nearly in perfect line that an or-
dinary lantern flame held at the centre of
the sewer at a lamp-hole or a man-hole
may be wholly visible to the eye when at
the level of the sewer centre at the next
man-hole.
Sec. 653. Changes of grade will be
always made at man-holes, and the grade
elevations given for the sewer are for the
invert or the lowest point of the inside of
the sewer.
Sec. 654. In case any specials are omit-
ted from the work which are called for by
the plans and specifications, they will be
supplied and set by the contractor at no
extra expense.
Sec. 655. In cases where sub-soil
drainage is thought necessary by the en-
gineer, suitable drain-tile will be fur-
nished by the city. They will generally be
laid on a level with the bottom or top of
the sewer-pipe either before or after lay-
ing the same, but may be run at such
grades as the engineer may select. The
pipe will be carefully laid at grades and
In line. and the joints will be wrapped
with one thickness of ordinary coarse
wrapping paper or coarse cloth to exclude
loose earth. The head of the tile-drain
will be closed by a flat stone or brick.
The tile will discharge into such places as
the engineer may direct.
Sec. 656. Whenever pipe sewers pass
through or immediately under storm-
water sewers, they must be of cast-iron
pipe in twelve feet length with lead joints
(for iron pipe) and firmly bedded.
Sec. 657. Where the work of two con-
tractors is jointed, the contractor 'build-
ing the man-hole, or the junction in the
larger line will set one length of pipe pro-
jecting toward the work of the other con-
tractor and at proper grade and line.
Sec. 658. BRICK SEWERS. The
trench for receiving brick sewers will be
DAVIS SEWER SPECIFICATIONS.
183
excavated, and the materials entering it
must be, as specified above.
Sec. 659. The greatest care must be
taken to properly bottom the trench and
to lay the invert truly to line and grade.
All brick sewers will have two or more
rings. The inner one will be of first qual-
ity brick laid in cement mortar; no inside
joints must be greater than one-eighth of
an inch. The invert and sides for one
and one-half feet high must be surface-
filled with cement mortar and must be
well rubbed until no projections exceed-
ing one-sixteenth of an inch are left, and
until a reasonably smooth surface is ob-
tained. The outer or second ring may be
laid of second quality brick laid in ce-
ment mortar, and no joint must exceed
one-half inch in thickness but must aver-
age three-eighths inches.
Sec. 660. The brick must be completely
bedded in and all joints must be entirely
filled with mortar, and if inequalities ex-
ist in the crown of the sewer they must
be filled with cement morlar.
Sec. 661. The whole work must be laid
truly to line, circle and grade. The cen-
tres and their supports must be strong,
durable and well made and kept in per-
fect order and every effort must be made
to do the work in a workmanlike and
strictly first-class manner.
Sec. 662. All mortar used must be
fresh, and the brick must be well wetted
immediately before laying. The brick
must be sorted before being delivered at
the work.
Sec. 663. Great care must be taken in
working man-holes, etc., into the sewer,
and no two sections must be joined by
"toothing" together. Unfinished ends
must always be racked back. In the
event of two contractors joining their
work, the one first reaching the end of
his work will rack back his work, extend-
ing the invert as much ahead of the junc-
tion as the crown is back of it.
APPURTENACES.
Sec. 664. MAN-HOLES. Man-holes
will be worked into the arches of brick
sewers, of the size, form and thickness,
and be built in the manner shown on the
plans, and they must be carried up to the
established grade.
Sec. 665. For pipe-sewers they will be
as shown in the drawings. All bends in
sewers less than fifteen inches in diame-
ter will be made in man-holes and all
junctions of main and laterals will be
made in man-holes when the laterals are
less than fifteen inches in diameter. The
brick-work is to be second quality brick
set in cement mortar as specified under
the head "materials."
Sec. 666. Connections with arches of
brick sewers and taper portions must be
truly, securely and well made and must
be worked to lines, not less than eight be-
ing used. The
The joints are to be neatly
struck and pointed on the inside, and the
outside of man-holes must be plastered
with cement mortar.. No joint must ex-
ceed three-eighths of an inch in thickness.
Sec. 667. The foundations for man-
holes for pipe-sewers, and when neces-
sary for those on brick sewers, will be of
concrete and of the depth below the in-
vert of the sewer as shown by the plans.
Sec. 668. Wrought-iron steps or rods,
as shown by detailed drawings will be
built in where shown.
Sec. 669. Man-holes shall be fitted with
cast-iron head and cover of the form and
dimensions shown in plans. Each man-
hole will be completed as the work pro-
gresses.
Sec. 670. LAMP-HOLES. Lamp-holes
on pipe-sewers will be made by turning
the branches of a Tee vertically upward
at the location designated, and extending
a line of pipe vertically upward to the
grade designated. The lamp-hole will be
of six-inch pipe for six and seven inch
sewers. For larger pipe sewers the dia-
meter of the lamp-hole will be eight inch-
es.
Sec. 671. Lamp-holes must be true to
the line and truly vertical, and will ter-
minate, on unpaved streets, one foot be-
low the surface of the ground and will be
fitted with hard-wood caps as shown. On
paved streets, they will terminate so that
the top of the cap will be of iron as
shown by the plans is at grade of the
street. The joints will be made in the
same way as in laying the sewer pipe.
Sec. 672. INLETS OR CATCH BA-
SINS. Inlets or catch basins will be built
wherever shown on the plans of the work
or at such other places as may be di-
rected by the engineer in charge during
the progress of the work. Every inlet or
portion thereof, shall be built with the
materials of the size and form, and in the
manner designated on the plan and up to
the established grade.
Sec. 673. Cast-iron covers and gratings
of the best quality and coated with as-
phaltum, and of the size and shape shown
on the plans will be furnished by the con-
184
DAVIS SEWER SPECIFICATIONS.
tractor, and built securely and properly
into the work.
Sec. 674. The foundation will be of con-
crete, but in the case the nature of the
ground be such that in the opinion of the
engineer plank or stones should be used,
it will be furnished and laid by the con-
tractor.
Sec. 675. The brick work will be of sec-
ond quality brick, laid in cement mortar,
as specified under the heading "Mater-
ials." All inside joints are to be neatly
struck and pointed, and the outside will
be plastered with cement mortar. No
joint must exceed three-eighths of an inch
in thickness.
Sec. 676. All the material or work
needed in connection with the construction
of the catch basins and not specified
herein, will be in accordance with the
plans.
Sec. 677. CONNECTION WITH SEW-
ERS. All connections with branch, in-
tercepting or discharge sewers required,
and with man-holes or catch basins,
whether pipe or brick, are to be newly
built, repaired or re-constructed, as the
case may be, as the work progresses and.
without extra charge therefor. They
must be made carefully and in a perfect
manner the bricks at the joining edges
must be shaped smoothly to the proper
curves, set securely and with a thorough.
bond. Drains discharging into
into brick
sewers wherever necessary or ordered,
are to be built into the wall of the same
with a curve of the largest possible ra-
dius, terminating at an angle of forty-
five degrees with, and in the direction of,
the flow of the current, and at the given
elevation. The junctions of all pipe and
brick sewers will be made in man-holes.
Where connections are made with sewers
carrying water, special care must be tak-
en that no part of the work is built under
water. A flume or dam must be put in
and the new work kept dry until finished.
Sec. 678. The general specifications and
the detail specifications will be attached
and form a part of the contract.
OUTLET PIPE IN THE LAKE.
Sec. 679. The outlet-pipe extending
underwater into the lake will be of cast-
iron water-pipe or its satisfactory equiva-
lent. sixteen inches in diameter and
weighing thirteen hundred pounds per
length of twelve feet. It will be joined
in the usual manner by lead joints well
caulked.
Sec. 680. The trench to receive the pipe
will be excavated so that the bottom of
it shall be at every place at least six feet
deep below the average low-water level
of the lake and this trench will be re-
filled with sand or fine earth after the
pipe is laid.
Sec. 681. The pipe must be bedded in
the bottom with a covering of at least
six inches of earth until a depth of ten
feet of water is reached. It may then lie
on the bottom of the lake.
Sec. 682. The bed of the lake along the
line of the pipe must be made uniform
and suitable to receive the pipe before
it is laid.
BOARD OF FIRE AND WATER COMMISSIONERS.
185
RULES AND RESTRICTIONS
ADOPTED BY THE
BOARD OF FIRE AND WATER COMMISSIONERS
FOR THE GOVERNMENT OF WATER TAKERS.
Sec. 683-(1). PERMIT TO TAP. No
person shall tap any main or distributing
pipe without first having obtained a per-
mit from the board.
Sec. 684-- (2). APPLICATION FOR
PERMIT. All applications must be made
a: the office of the board by the owner of
the pirmises, or some person duly au-
thorized by him; application must de.
scribe fully the locality and state truly the
various uses to which the water is to be
applied.
Sec. 685-(3). WASTE, ETC. In case
of misrepresentation, use of water with-
out permit, willful or needless waste of
water, by allowing constant flow at fau-
cets or otherwise, allowing the occupant
of any building not paying water rates
to use water, the water may be shut off
without notice, and the party violating
this rule will be subject to a fine of not
less than five and not exceeding twenty-
five dollars.
Sec. 686-(4). PAYMENT OF RATES.
Water rates are due and payable in ad-
vance at the office of the treasurer of the
board on the first days of May and No-
vember in each year. Ten per cent will
be added if not paid within thirty days
thereafter, and the water shut off with-
out notice and not turned on again ex-
cept upon the payment of all arrearages
and in addition thereto the sum of two
dollars for closing and opening the street
stop-cock. After expiration of time al-
lowed for payment without addition of
the ten per cent penalty, the same shall
be paid only to the secretary of the board.
Sec. 687-(5). EXAMINATION OF
BUILDINGS. The various officers of the
board, and any person by them delegated
for that purpose, must have access at
proper hours to all parts of every build-
ing where water is used, to examine pipes
and fixtures and ascertain whether there
is any unnecessary waste of water.
Sec. 688 — (6). INTERFERENCE
WITH PIPES, ETC. It shall be unlaw-
ful for any person not duly authorized
to bore any pipe, open any hydrant or
stop-cock, or interfere with any part of
the works; any person interfering shall,
on conviction, pay all damages, and a
penalty of not less than five nor more
than one hundred dollars, as provided by
law, for each offense.
Sec. 689—(7). FOUNTAINS. The play
of fountains is restricted to six hours per
day, and the size of the opening to one-
eighth inch in diameter.
Sec. 690—(8). SPRINKLING HOSE.
The use of sprinkling hose is restricted to
seven hours per day, viz: from 6 a. m.
to 9 a. m., and from 4 p. m. to 8 p. m.,
and the size of opening in hose nozzles to
three-sixteenths inch in diameter. The
use of large nozzle, or allowing hose to
play except during the hours above speci-
fied is strictly forbidden, and the person
violating this rule will be subject to the
penalty prescribed in rule three.
Sec. 691. LOCATION OF MAR-
QUETTE FIRE ALARM BOXES.
First figure of box number indicates
ward in or adjoining which box is located.
No.
Street,
12 Hampton and Allen.
14 Hampton and Division.
16 Genesee and Division.
18 Jackson and Altamont.
22 Rock and Front.
24 Rock and Fourth.
32 Arch and Spruce.
34 Spruce and Hewitt avenue.
36 High and Ohio.
42 Washington and Front.
44 Washington and Third.
46 Washington and Fifth.
52 Superior and Sixth.
54 Washington and Park avenue.
56 Washington and Lincoln avenue.
62 Front and Ridge.
64 Fourth and Ridge.
66 Third and Hewitt avenue.
72 Fourth and Alger.
74 Third and Park.
82 Pine and Crescent.
HOW TO SEND IN AN ALARM.
Break the glass in the box; turn the key;
open door; and pull down the lever, once.
The penalty for sending in a false
alarm is a fine of $2 to $50. See Sec. 392.
186
PETER WHITE PUBLIC LIBRARY.
RULES AND REGULATIONS
OF THE
Peter White Public Library
OF THE CITY OF MARQUETTE, MICHIGAN.
Sec. 692-(1). The library shall be free
for all persons over ten years of age, re-
siding within the city, subject to the fol-
lowing rules:
Sec. 693-(2). Persons temporarily re-
siding in the city may enjoy the priv-
ileges of the library on the same condi-
tions as residents, but transient and ir-
responsible or uncleanly persons will not
be allowed to take books.
Sec. 694-(3). The librarian shall, under
the direction of the board of trustees,
have general charge of the library, and
shall be responsible for the care and safe-
ty of the books and other property, and
for the proper and orderly condition of
the library and reading room.
Sec. 695-(4). The library and reading
room shall be open on all secular days ex-
cept legal holidays, from 9 a. m., to 9
o'clock p. m.
Sec. 696-(5). Any person of good hab-
its and deportment may use the reading
room during the above named hours; but
no person shall be allowed to converse or
lounge about the room; or to make use
of it for any
purpose except
except reading,
writing and the selection and exchange
of books. Particular attention is called
to the prohibition of conversation, avoid-
able noise and unbecoming conduct of ev-
ery kind. The use of tobacco is specially
prohibited. Dogs will not be allowed in
the library or reading room.
Sec. 697-(6). Any resident of Mar-
quette over ten years of age may draw
books from the library by signing an
agreement to observe all of its rules and
regulations, and by complying with either
of the following conditions:
a. By giving satisfactory security in
the form following-to remain in force not
more than one year.
Marquette, Mich.,.........18..
I, the undersigned, a resident taxpayer
of Marquette, hereby certify that..
... residing at No...
·
·
st., is a fit person to enjoy the privileges
of The Peter White Public Library of the
city of Marquette, and that I will be re-
sponsible for the observance by h.... of
the regulations of the library, and will
make good any injury or loss the library
may sustain, or any indebtedness incurred
from the permission to draw books that
may be given in consequence of this cer-
tificate.
Residing at No..
.St.
b. By depositing three dollars with the
librarian and, in special cases such fur-
ther sum as the value of the books asked
for may, in the judgment of that officer,
require.
For such a deposit a receipt shall be
given, and the money will be refunded on
the surrender of the card clear of all lia-
bility, and the return of the receipt by the
depositor in person or on his written order.
The privileges so granted may be revoked
by the librarian for cause, or by the guar-
antor or depositor on the surrender of the
library card. and on the payment of any
indebtedness incurred with it.
The form of agreement is as follows:-
I, the undersigned....years of age, liv-
ing at No.....
...st., hereby
promise in consideration of the use of the
Peter While Public Library of the city of
Marquette, to obey the rules and regula-
tions of said library, to carefully use and
safely return all books borrowed, to pay
on demand all sums accruing for fines, to
replace or pay for books lost or injured,
or for injuries to books borrowed by me.
Sec. 698-(7). Guarantors must be of
legal age, resident tax payers of the city,
and owners of property not exempt by
law from execution. Married women,
business firms or agents are ineligible as
guarantors. No trustee or employe of the
library shall become a guarantor, except
for members of his own family.
Sec. 699-(8). Each person entitled to
PETER WHITE PUBLIC LIBRARY
187
draw books from the library will be sup-
plied with a card inscribed with his or her
name, residence and registered number.
This card must be presented whenever a
book is taken, returned or renewed; and
if lost, it will not be replaced until fifteen
days after the notice of the loss shall have
been given, and the payment of ten cents
to the librarian. The registered holder is
in all cases responsible for books drawn
by means of his or her card, by whomso-
ever presented. To avoid responsibility
for books drawn by unauthorized persons,
the registered holder should give imme-
diate written notice to the librarian of the
loss of the card. Immediate notice of a
change of residence of the book borrower
or guarantor must be given at the library.
Neglect to give this notice will subject
card holder to a forfeiture of privileges.
Sec. 700-(9). The librarian will note
upon the card the condition of every book
when drawn from the library, and it must
be returned in like good condition, or the
damage paid for to the satisfaction of the
librarian, who must enforce the rules of
the library in respect to loss and injury
or mutilation of books. Books are sup-
posed to be in good condition when issued
and the last borrower will be held re-
sponsible for any mutilation or defacement
unless the same is reported when the book
is taken out. Writing or marking in
books is prohibited. All injury to books
beyond reasonable wear, and all losses,
shall be promptly adjusted to the satis-
faction of the librarian. Neglect or re-
fusal to do this shall be sufficient cause
for forfeiting all use of the library until
the same is paid or adjusted. The trus-
tees would call attention to the state law
for the protection of libraries.
Sec. 701-(10). No holder of a card, ex-
cept as hereinafter provided, shall be al-
lowed to have more than one book at any
one time without special permission from
the librarian. Special privileges as to the
number of books drawn, may be accorded
to teachers and other persons making a
special study of a subject or topic, on
application to the librarian, who shall
keep a record thereof, and report the same
to the board.
Sec. 702-(11). Application for books is
to be made on printed slips provided by
the library. Books may be retained for
two weeks and may be once renewed for
the same period, at the discretion of the
librarian, except those of recent purchase
labeled "Seven Day Book," which while
so labeled shall not be retained more than
one week, and shall not be renewed until
after they have been in circulation for the
space of three months.
Sec. 703-(12). Persons may receive
books for consultation in the reference or
reading room by making application on
printed slips furnished for that purpose,
but such books must be returned to the
librarian before the borrower leaves the
room.
Sec. 704-(13). Reference books marked
R. L. (reference library) in the catalogue
can not be taken from the library.
Sec. 705-(14). Rare or costly and ela-
borately illustrated books and such oth-
ers as may be unsuited for general circu-
lation and marked by a star (*) in the
catalogue, can be used in the reading
room, but cannot be taken from the li-
brary except by the written permission of
two of the trustees.
Sec. 706-(15). Neither books, papers,
nor magizines belonging to the reading
room can be taken from the library. No
paper or periodical shall be clipped,
marked, or otherwise mutilated or defaced,
and in case thereof the person offending
shall be subject to the same fine or pen-
alty as if such paper or periodical' were a
bound book, and in extreme cases of
prosecution under the law.
Sec. 707-(16). Books are at all times:
subject to recall for library purposes. All
the books shall be returned for an annual
examination at such time as the trustees
may appoint.
Sec. 708-(17). No person except the
librarian and assistants or a trustee shall
enter the bookroom, or take
any book
from the shelves. No person shall lend
his or her card or book to one not a mem-
ber of the same household. No book will
be exchanged on the same day on which
it is taken out. No book shall be trans-
ferred from one card to another.
Sec. 709-(18). A fine of three cents a
day shall be paid on each book which is
not returned according to the preceding
rules; and no other book will be delivered
to the delinquent until the fine is paid.
Sec. 710-(19). The delinquent will be
notified through the mail three days after
the book is due; and one week thereafter
if the book is not returned, a written no-
tice may be sent by a messenger, who
will be directed to bring in the book and
collect an additional fine of twenty-five
cents. If the book and fine are not fur-
nished to the messenger, the guarantor
will be notified. If the book be not re-
turned in one month, the librarian may
proceed to collect by law the value of the
book with the accrued fines and other
charges to the date of payment. Borrow-
ers are reminded that the sending of no-
tice is merely an act of courtesy, and that
the lack of any notice from the library is
188
PETER WHITE PUBLIC LIBRARY.
not a valid excuse for not returning a
book at the proper time.
Sec. 711-(20). The library cards of
persons by whom fines or charges have
been or shall be incurred, and who shall
neglect to pay such fines or charges for
thirty days after they have been incurred,
shall be cancelled by the librarlan; and
no new card shall be issued to any such
delinquent until all fines and charges have
been paid. A delinquent can neither
draw books himself, nor serve as guar-
antor for any other person.
Sec. 712-(21). Any person abusing the
privileges of the library, or violating these
regulations shall be temporarily suspend-
ed from the use of the library by the 11-
brarian, and the case reported to the board
of trustees for action thereon; and such
persons may, at the discretion of the
board. forfeit all privileges.
THE STATE LAW FOR THE PRO-
TECTION OF LIBRARIES.
Act No. 3 of the laws of 1881.
Sec. 713-(1). The people of the state
of Michigan enact, that any person who
shall, willfully, maliciously or wantonly,
tear, deface or mutilate, or write upon, or
by other means injure any book, pamp-
let, map, chart, painting or picture, be-
longing to any public library, or to any
library, the property of any literary,
scientific, historical, or library society or
association, whether incorporated or un-
incorporated, shall be deemed guilty of a
misdemeanor, and, on conviction thereof,
shall be punished by a fine of not less than
two dollars nor more than fifty dollars,
or by imprisonment in the county jail not
more than sixty days, in the discretion of
the court; and all justices of the peace, in
their respective counties, shall have juris-
diction to hear, try and determine, all
prosecutions under this act.
Sec. 714-(2). Any person who shall
procure, or take in any way, from any
public library, or library of any literary,
scientific, historical or library society, or
association, whether incorporated or not,
any book, pamphlet, map, chart, painting
or picture, with intent to convert the same
to his own use, or with intent to defraud
the owner thereof, or who having pro-
cured or taken any such book, pamphlet,
map, chart,
chart, painting
painting or picture, shall
thereafter convert the same to his own
use, or fraudulently deprive the owner
thereof. shall be punished by a fine of not
less than five nor more than one hundred
dollars, or by imprisonment in the county
jail for not more than three months, in
the discretion of the court.
Sec. 715-(3). A printed copy of this
act shall be posted in at least three con-
spicuous places in such library.
LIGHT AND POWER COMMISSION.
189
RULES AND REGULATIONS
OF THE
Light and Power Commission
OF THE CITY OF MARQUETTE, MICH.
Sec. 716-(1). Regular meetings of the
commission shall be held at the office of
the board in the city building at four
'o'clock p. m. of the fifth day of each cal-
endar month, except when such day is
Sunday or a legal holiday, in which case
such meeting shall be held on the nearest
preceding day which is not Sunday or
a legal holiday.
Sec. 717-(2). Special meetings may be
appointed and called by the secretary, or
any three members of the commission, to
be held at any time; notice of which shall
be given to all members of the commis-
sion in the city, at least one hour before
the time of such meeting.
Sec. 718-(3). All
All claims against the
commission shall be verified and filled with
the secretary before the hour for the reg-
ular meeting of the board in each month.
Sec. 719-(4). Applications for electric
service to be furnished for private prem-
ises must be made upon blanks to be fur-
nished by the commission, but the right
is reserved to require security for the
payment of rates before permitting con-
nection of private premises to be made
with the public electric system.
Sec. 720-(5). All wiring to be con-
nected with the public electric system
shall be subject to the approval of the
commission and shall conform to the rules
and requirements of the National Board
of Fire Underwriters, as now or hereafter
adopted; except as the commission shall
otherwise determine.
Sec. 721-(6). No person shall tap any
wire or connect with any wire, trans-
former or other part of the public electric
system, or with any private wire in con-
nection therewith, without first obtaining
a permit therefor issued by authority of
the commission.
Sec. 722-(7). No wiring to be connected
with the public electric system shall be
done by any person except by or under
the direct personal supervision of some
person licensed as wireman by the com-
mission; and such licenses will be issued
without charge, and only to persons
deemed by the board to be competent to
perform such services in a skillful and
workmanlike manner; which licenses may
be revoked upon satisfactory evidence of
the incompetency of such persons or of
their violation of any of the rules and
regulations of the commission.
Sec. 723-(8). No person shall put in
or use any fuse wire in any electrical cir-
cuit or apparatus connected with the pub-
lic electric system, of greater conductivity
than one-half ampere per sixteen candle
power lamp in main cut-out, where ten or
more lamps are on same; or of greater
conductivity than one ampere per sixteen
candle power lamp, in individual cut-outs.
Sec. 724-(9). In all incandescent light-
ing circuits the electro-motive force of
secondary circuits shall be one hundred
volts.
Sec. 725--(10). Only the following
makes or types of lamp bases and sock-
ets shall be used for electric lamps oper-
ated by current from the public lighting
system: For 8, 10 and 16 candle power,
Sawyer-Mann; for 32 candle power,
Thompson-Houston; for 50 candle power,
Edison; for 75, 100 and 150 candle power,
Westinghouse glass.
Sec. 726-(11). All persons using lights
operated by current from the public elec-
tric system shall report, as often as re-
quired, the number and candle power of
lamps used by them; and when any in-
crease in number or in candle power of
lamps is desired, permission for the use
of such increased number of lamps or for
lamps of greater candle power must be
obtained from the superintendent before
the same shall be used.
Sec. 727-(12). No person shall use on
any circuit supplied from the public elec-
tric system any lamp of greater candle
power, or a greater number of lamps than
thereto authorized by the commission or
Its authorized agent.
Sec. 728--(13). The location of lamps in
buildings must not be changed or candle
power of lamps increased without permis-
sion first obtained from the superintend-
ent; and any such changes must be made
only by a duly licensed wireman.
190
LIGHT AND POWER COMMISSION.
Sec. 729-(14). Users of lights under
"flat rate" charges who desire to reduce
the number of lights used must report
such reduction before deduction in charges
will be made.
Sec. 730-(15). Continuous service is
not guaranteed. Persons receiving elec-
tric service must waive any and all
claims for damages resulting from inter-
ruption or stoppage of current, other than
claims for pro rata rebate upon bills for
such time as service is interrupted: Pro-
vided, that such interruption has been
promptly reported to the person in charge
of the public electric station, and all per-
sons receiving such service are required
to immediately notify the person in charge
of the public electric station, by telephone
or otherwise, of any interruption In the
service.
Sec. 781-(16). All parts of all build-
ings and premises receiving electric ser-
vice from the commission must be sub-
ject to entry and examination at all prop-
er times by the officers and employes of
the commission, for the purpose of in-
specting the wiring and electrical ap-
paratus used therein and of ascertaining
the use made of electric current in such
buildings.
Sec. 732-(17). No wires of the public
electric system shall be raised, cut or in-
terferred with by any person for the mov-
ing of any building or other structure;
except that, upon twenty-four hours no-
tice to the superintendent of the time
when and locallon where it is desired that
any such wires shall be raised or cut to
permit the moving of any building or
other structure, the superintendent may
cause the same to be done by the em-
ployes of the commission; Provided, the
moving of such building or other struc-
ture has been authorized by the common
council of the city of Marquette.
Sec. 733-(18). Bills will be rendered
the first of each calendar month for elec-
tric service and supplies furnished con-
sumers the preceding month; which bills.
are payable to the treasurer at his office
on or before the tenth day of the month
when rendered; if not then pald ten per
cent will be added, and if not paid on or
before the tenth day of the next succeed-
ing calendar month another ten per cent
will be added, service will be discontinued
and will not be resumed until all arrear-
ages and penalties are paid in full: Pro-
vided, that when any such bill shall not
be paid on demand the commission may
Immediately discontinue service to the
person or premises receiving the service
or supplies for which such bill was ren-
dered
Sec. 734-(19). Any violation of or fall-
ure to comply with any of the foregoing
rules and regulations is hereby made pun-
ishable by a fine of not less than one dol-
lar and not exceeding twenty-five dollars.
and imprisonment in the city lock-up or
county jail for a term not exceeding
thirty days, or by both such fine and im-
prisonment in the discretion of the court.
Sec. 785-(20). A liberal reward will be
paid by the commission for any informa-
tion leading to the apprehension and con-
viction of any person violating any of the
rules of this commission or any provision
of section eighteen of act No. 353 of the
local acts of the slate of Michigan of the
year 1897, entitled "An act to create a
lighting and power commission in the city
of Marquette, Michigan, and to define its
powers and duties." (See Sec. 250 of this
volume).
LIGHT AND POWER COMMISSION.
190a
RATES AND CHARGES, RULES AND REGULATIONS,
OF THE
LIGHT AND POWER COMMISSION
OF THE CITY OF MARQUETTE, MICH.
Adopted April 5th, 1898, and Amended November 5th, 1898.
Sec. 716-(1). Regular meetings of the
commission shall be held at the office of
the board in the city building at four
o'clock p. m. of the Afth day of each cal-
endar month, except when such day is
Sunday or a legal holiday, in which case
such meeting shall be held on the nearest
preceding day which is not Sunday or
a legal holiday.
Sec. 717-(2). Special meetings inay be
appointed and called by the secretary, or
any three members of the commission, to
be held at any time; notice of which shall
be given to all members of the commis-
sion in the city, at least one hour before
the time of such meeting.
Sec. 718-(3). All claims against the
commission shall be verified and filed with
the secretary before the hour for the reg-
ular meeting of the board in each month.
Sec. 719-(4). Applications for electrlo
service to be furnished for private prem-
ises must be made upon blanks to be fur-
nished by the commnisslon, but the right
is reserved to require security for the
payment of rates before permitting con-
nection of private premises to be made
with the public electric system.
con-
Sec. 720-(5). All wiring to be
nected with the public electric system
shall be subject to the approval of the
commission and shall conform to the rules
and requirements of the National Board
of Fire Underwriters, as now or hereafter
adopted; except as the commission shall
otherwise determine.
Sec. 721--(6). No person shall tap any
wire or connect with any wire, trans-
former or other part of the public electric
system, or with any private wire in con-
nection therewith, without first obtaining
a permit therefor issued by authority of
the commission.
Sec. 722-(7). No wiring to be connected
with the public electric system shall be
done by any person except by or under
the direct personal supervision of some
person licensed as wireman by the com-
mission; and such licenses will be issued
without charge, and only to persons
deemed by the board to be competent to
perform such services in a skillful and
workmanlike manner; which licenses may
be revoked upon satisfactory evidence of
the incompetency of such persons or of
their violation of any of the rules and
regulations of the commission.
Sec. 723.-(8). No person shall put in
or use any fuse wire in any electrical cir-
cult or apparatus connected with the pub-
le electric system, of greater conductivity
than one-half ampere per sixteen candle
power lamp in main cut-out, where ten or
more lamps are on same; or of greater
conductivity than one ampere per sixteen
candle power lamp, in individual cut-outs.
Sec. 724-(9). In all incandescent light-
ing circuits the electro-motive force of
secondary circuits shall be one hundred
volts.
Sec. 725-(10). Only the following
makes or types of lamp bases and sock-
els shall be used for electric lamps oper-
ated by current from the public lighting
system: For 8, 10 and 16 candle power,
Sawyer-Mann; for 32 candle power,
Thompson-Houston; for 50 candle power,
Edison; for 75, 100 and 150 candle power,
Westinghouse glass.
Sec. 726-(11). All persons using lights
operated by current from the public elec-
tric system shall report, as often as re-
quired, the number and candle power of
lamps used by them; and when any in-
crease in number or in candle power of
lamps is desired, permission for the use
of such increased number of lamps or for
lamps of greater candle power must be
obtained from the superintendent before
the same shall be used.
Sec. 727-(12). No person shall use on
any circuit supplied from the public elec-
tric system any lamp of greater candle
power, or a greater number of lamps than
thereto authorized by the commission or
Its authorized agent.
Sec. 728-(13). The location of lamps in
buildings must not be changed or candle
190b
LIGIIT AND POWER COMMISSION.
power of lamps increased without permis-
sion frst obtained from the superintend-
ent; and any such changes must be made
only by a duly licensed wireman.
Sec. 729-(14). Users of lights under
"flat rate" charges who desire to reduce
the number of lights used must report
such reduction before deduction in charges
will be made.
Sec. 730-(15). Continuous service is
not guaranteed. Persons receiving elec-
tric service must walve any and all
claims for damages resulting from inter-
ruption or stoppage of current, other than
claims for pro rata rebate upon bills for
such time as service is interrupted; Pro-
vided, that such interruption has been
promptly reported to the person in charge
of the public electric station, and all per-
sons receiving such service are required
to immediately notify the person in charge
of the public electric station,by telephone
or otherwise, of any interruption in the
service.
Sec. 731-(16). All parts of all build-
Ings and premises receiving electric ser-
vice from the commission must be sub-
ject to entry and examination at all prop-
er times by the officers and employes of
the commission, for the purpose of in-
specting the wiring and electrical ap-
paratus used therein and of ascertaining
the use made of electric current in such
buildings.
•
Sec. 732-(17). No wires of the public
electric system shall be raised, cut or in-
terfered with by any person for the mov-
ing of any building or other structure;
except that, upon twenty-four hours no-
tice to the superintendent of the time
when and location where it is desired that
any such wires shall be raised or cut to
permit the moving of any bullding or
other structure, the superintendent may
cause the same to be done by the em-
ployes of the commission; Provided, the
moving of such building or other struc-
ture has been authorized by the common
council of the city of Marquette.
Sec. 733-(18). The charges for electio
lighting and power shall be based in each
case as the commission may determine,
upon either the flat rate system, or the
meter system.
The term "flat rate system" shall be
understood to be that of a fixed yearly
charge per lamp or per motor, divided
Into equal monthly payments.
The term meter systom shall be under-
stood to be that of a fixed rate of charge,
for quantity of current used, in units of
1,000 watts or of ampere hours. All me-
ters required will be furnished, owned
!
and kept in order by the commission and
when in use will be kept under the seal
of the commission, and all persons, ex-
cept members and employes of the com-
mission, are prohibited from breaking the
scal or connections on any meter or in
any way tampering with or injuring the
same, or altering the readings of any me-
ter.
All charges for lighting and power and
supplies furnished by this commission
are hereby made due and payable on the
first day of each month for the amount
of the same accruing during the preced-
ing calendar month. Bills will be ren-
dered therefor and shall be paid to the
city treasurer at his office in the City
Hall on or before the fifteenth day of the
month when due; if not then paid a pen-
alty of 10 per cent. will be added, and if
not paid within thirty days thereafter,
service will be discontinued and will not
be resumed until full payment is made,
with interest at the rate of 8 per cent.
per annum; Provided that when any
such bill is not paid on demand, the ser-
vice may be immediately discontinued.
FLAT RATES,
For 2,000 candle power arc lights, the
lamps to be furnished, hung, connected,
carboned and kept in order by the com-
mission and burning all night and every
night, the city of Marquette shall pay
$5.00 per lamp per month, and private
parties shall pay $6.00 per lamp per
month; Provided that private parties
shall do all inside wiring and shall pur-
chase and own the arc lamps for all in-
side lighting.
For the same burning less than the
above, and for inside arc lighting, such
proportion of foregoing rates as the com-
mission may determine in each case.
For incandescent lighting, the follow-
ing rates per lamp per month shall be
paid for all lamps connected and capable
of being used:
For 16 candle power lamps in churches,
15 cents.
For 16 candle power lamps in offices,
stores and business places burning only
to eight o'clock p. m., except Saturday
nights, 30 cents; burning only to six
o'clock p. m., 25 cents.
For 16 candle power lamps in hotels
having twenty or more sleeping rooms if
electric lighted throughout, 25 cents.
For 16 candle power lamps in dwell-
Ings: In common sitting room, back
parlor family rooms, hall, library, bath
rooms and water closets, 40 cents. In
parlor or dining room, not a common sit-
LIGHT AND POWER COMMISSION.
190c
ting room, and in, kitchen, billiard room
and laundry, 25 cents. For elther 16 or
less candle power lamps in bedrooms,
pantry, clothes presses, coal and wood
room or shed, cellar, basement, furnace
rooms, and in private barn, 12½ cents.
All other 16 candle power lamps 40
cents.
FOR INCANDESCENT LAMPS OVER
16 CANDLE POWER:
All Night.
To 8 o'clock To 8 o'cl'k
32 c. p... 65 cts.
p. m.
50 cts.
50 c. p...$1.00
75 cts.
75 c. p... 1.50
$1.15
100 c. p... 2.00
1.50
150 c. p... 3.00
2.25
p. m.
40 cts.
65 cts.
95 cts.
$1.25
1.90
For window lighting with not less than
ten 8 candle power lamps, per lamp 20
cents. Same with 10 candle power lamps,
per lamp 25 cents.
For temporary lighting, or lighting not
covered by the foregoing rates, applica-
tion may be made to the superintendent
for prices.
Lights used on the flat rate system can
not be cut out during the summer
months, but bills for all lamps used on
this system will be rendered for all the
months in the year alike.
FOR POWER: FLAT RATE SYSTEM
For counter or ventilating fans requir-
ing not to exceed 60 watts to run, $1.00
per month each; flat iron or goose in
tallor shop, $2.00 each per month; in pri-
vate house $1.00 per month each.
METER RATES.
Ten cents per 1,000 watt hours; or one
cent per ampere hour at 100 volts.
A minimum meter rate shall be paid
upon the number of lamps connected on
each meter as follows:
20 to 39 lamps.
40 to 74 lamps.
75 to 100 lamps.
•
$1.00 per month.
•
1.50 per month.
2.00 per month.
Over 100 lamps, $3.00 per month.
When the amount of current used dur-
ing the month amounts to the respective
minimum rate or more, the latter will not
be charged. No meter will be furnished
for less than 20 lamps.
For power other than as above, prices
will be made by the commission on ap-
plication to the superintendent.
Sec. 734-(19). Any violation of or fail-
ure to comply with any of the foregoing
rules and regulations is hereby made pun-
ishable by a fine of not less than one dol-
lar and not exceeding twenty-five dollars
and imprisonment in the city lock-up or
county jail for a term not exceeding
thirty days, or by both such fine and im-
prisonment in the discretion of the court.
Sec, 735-(20). A liberal reward will be
pald by the commission for any informa-
tion leading to the apprehension and con-
viction of any person violating any of the
rules of this commission or any provision
of section eighteen of act No. 353 of the
local acts of the state of Michigan of the
year 1897, entitled "An act to create a
lighting and power commission in the city
of Marquette, Michigan, and to define its
powers and duties." (See Sec. 233, et seq.,
"charter and ordinances 1898.")
I hereby certify that the foregoing are
the rates and charges, rules and regula-
tlons of the Light and Power commission
of the city of Marquette, adopted April
5, 1898, and amended Nov. 5, 1898..
JAMES E. SHERMAN,
Secretary of said Commission.
Dated Nov. 10, 1898.
MISCELLANEOUS STATUTES.
191
MISCELLANEOUS PROVISIONS OF
LAW RELATING TO PUBLIC AFFAIRS,
AND
LAWS REQUIRING DUTIES OF PUBLIC OFFICERS.
CAUCUSES AND CONVENTIONS.
Act No. 303, public acts of 1887, p. 416.
Sec. 736-(1). The people of the state of
Michigan enact, If at any political prim-
ary election held by any political party,
organization or association in this state,
any person shall falsely personate and
vote under the name of any other person,
or shall intentionally vote without the
right to do so at such primary, or shall
fraudulently and wrongfully conceal or
destroy ballots cast, or in any manner in-
tentionally and wrongfully deposit ballots
in the ballot box, or take them therefrom,
or shall commit any other fraud or wrong,
tending to defeat or affect the result of
the election, he shall be deemed guilty of
a misdemeanor.
Sec. 737~~(2). The presiding officer and
inspectors at any such election, shall, be-
fore entering upon their duties, severally
sign and swear to an oath in the form
now required of inspectors at general
elections, said oath to be taken before the
clerk of the township, village or city in
which such election is held, or an alder-
man of the ward in which said election is
held, or any notary public. The vote or
ballot of any person offered at such elec-
tion shall, upon challenge by any lawful
voter thereat, be rejected, unless he be
sworn as to his qualifications as such
voter; and the presiding officer or any in-
spector of such primary is hereby em-
powered, and it shall be his duty, to ad-
minister an oath to such person and to
any other persons offering to vote, as he
may deem advisable, to the effect that he
will true answers make to such questions
as shall be put to him touching his qual-
ifications as a voter and his right to vote.
He may then be examined as to such
qualifications and right to vote. If he
shall swear to the necessary qualifications
as a voter, as prescribed by the regula-
tions of the association or political organ-
ization holding the primary or convention,
his vote shall be received. If the person
so sworn and examined shall intentionally
swear falsely as to his qualifications as a
voter, he shall be deemed guilty of per-
jury, and shall, on conviction, be pun-
ished as now prescribed by law for the
crime of perjury.
•
Sec. 738-(3). If any person acting as
inspector, teller or canvasser at any such
primary election shall knowingly receive
the vote of any individual who shall have
been challenged, or who is known to him
not to be entitled by the regulations of the
association holding the primary election
to vote at such primary, unless the same
shall be first sworn in as aforesaid, or
shall in any manner fraudulently and
wrongfully deposit or put any ballots in-
to, or take any from the ballot box of said
primary election, or shall fraudulently or
wrongfully mix any ballots with those
cast at said primary election, or shall
knowingly make any false count, can-
vass, statement, certificate or return of
the ballots cast or vote taken at any such
primary election, he shall be deemed
guilty of a misdemeanor.
Sec. 739-(4). If any person elected a
delegate at any such primary or conven-
tion, shall accept or receive any money
or valuable thing as a consideration for
his vote as such delegate, he shall be
deemed guilty of a misdemeanor.
Sec. 740-(5). The words "primary
election," as used in this act, shall be con-
strued so as to embrace all elections held
by any political party, convention, organ-
ization or association, or delegates there-
from, for the purpose of choosing candi-
dates for office or the election of delegates
to other conventions, or for the purpose
192
CAUCUSES And
MISCELLANEOUS STATUTES.
CONVENTIONS.
of electing officers of any political party,
organization, convention or association.
Sec. 741-(6). No person shall be en-
titled to vote at any primary election un-
less of the age of twenty-one years, and a
duly qualified elector of the state.
Sec. 742-(7). The punishment of any
of the offenses of this act declared to be
misdemeanors shall be a fine not exceed-
ing one thousand dollars, or imprisonment
not exceeding one year, or both such fine
and imprisonment, in the discretion of the
court.
Sec. 743-(8). [Added 1893.] No pri-
mary election shall be held in a saloon,
bar room or in any place adjacent to a
room or place where intoxicating liquors
are sold. Polling places at primary elec-
tions may be so arranged that the ballots
may be received through an open window,
but where the polling or ballot box is in-
side, the room shall be sufficiently large
to admit a reasonable number of persons
in addition to the inspectors, clerks and
challengers.
Sec. 744-(9). [Added 1893.] Primary
elections known as caucuses, for the nom-
ination of candidates for local offices, and
for the appointment of delegates to con-
ventions, shall be made to begin at two
o'clock in the afternoon and continue until
eight o'clock in the evening, and at least
five days' notice thereof shall be given by
publication in one or more daily newspa-
pers in places where such papers are pub-
lished, and in other cases by posting up
notices in at least three public places in
the precinct for which such primary elec-
tion is to be held. The manner of voting
at such elections shall be by ballot; Pro-
vided, that so much of this section as re-
lates to the hours during which primary
elections shall be held, and the manner of
voting thereat, shall be applicable only in
cities having twenty-five thousand inhab-
itants and over, as by the last preceding
federal or state census.
Note. Sec. 18 of act No. 135, laws of
1895, authorizes the common council of
any city of less than fifteen thousand pop-
ulation, by ordinance on confirmation of
the voters of such city, to conduct their
primaries in the same manner as those
cities embraced in said act under fifty-
thousand population.
CHALLENGERS.
Sec. 745. At every election, each of the
political parties shall have the right to
designate and keep not exceeding two
challengers at each place of voting, who
shall be assigned such position immedi-
ately adjoining the inspectors, inside the
polling place, as will enable them to see-
each person as he offers to vote, and a
seat and table or desk on which he may
write within the railing shall be furnished
for the accommodation of one of such
challengers of each political party, and he
shall have the right to inspect the poll
lists as kept by the clerks, and who shall
be protected in the discharge of their duty
by the inspectors and the police. Author-
ity, signed by the recognized chairman or
presiding officer of the chief managing
committee of a party in such county or
township, city, ward or voting precinct,
shall be sufficient evidence of the right of
such challengers to be present inside the
room where the ballot box is kept. The
chairman appointing any challenger may,
at his discretion, remove him and appoint
another. Any challenger shall have the
right and privilege of remaining during
the canvass of the votes and until the re-
turns are duly signed and made. (Sec. 23
of election law, as amended, act 202, pub-
lic acts, 1893).
Note. Challengers must witness
witness the
marking of ballots of infirm persons by
inspectors of election.
PURITY OF POLITICAL CONVENTIONS.
Act No. 203, public acts of 1895, p. 372.
Sec. 746-(1). No delegate elected to
any city, county, congressional or state
political convention shall give a proxy to
any person to represent him at such con-
vention, and no person shall receive a
proxy from any regularly elected delegate
to any such political convention. All va-
cancies occuring in any delegation to any
such convention shall be filled by a ma-
jority vote of such delegation; if in a city
or county convention, of the delegation
from the ward or township; if in a con-
gressional or state convention, by a ma-
jority vote of the delegation from the
county: Provided, that in a city or coun-
ty convention the delegation shall not be
permitted to fill the vacancy which may
occur in its number by any person not a.
resident of the ward or township from
which such absent delegate was chosen
and represented by such delegation, and
that in a congressional or state conven-
tion such delegation shall not be filled by
PURITY OF POLITICAL
193
MISCELLANEOUS STATUTES.
CONVENTIONS.
any person not a resident of the county
from which such absent delegate was
chosen, and any person who shall violate
any provisions of this section shall be
deemed guilty of a misdemeanor.
Sec. 747-(2). Any delegate or member
of any such convention who shall solicit
any candidate for nomination before such
convention, for money, reward, position,
place or preferment for his support in
such convention, or any candidate or oth-
er person who shall promise any such
delegate money, reward, position, place
or preferment for his support, or vote, in
such convention, in favor of any candi-
date, shall be deemed guilty of a misde-
meanor.
Sec. 748-(3). Any candidate or person
who shall pay either money or other val-
uable consideration, or offer to pay mon-
ey or valuable consideration, or the ex-
penses of any delegate or member to or
at any such convention that may be in-
curred, as an inducement or for, the pur-
pose of securing the vote of any such del-
egate in favor of or against any candi-
date that may come before such a con-
vention, shall be deemed guilty of a mis-
demeanor.
Sec. 749—(4). Any person found guilty
of any offense defined in this act as a
misdemeanor shall, upon conviction there-
of, be sentenced to pay a fine of not less
than twenty-five dollars not more than
five hundred dollars, or to be confined in
the county jail not less than ten days nor
more than six months, or both such fine
and imprisonment in the discretion of the
court having jurisdiction thereof.
ELECTION LAWS.
Provisions of act No. 194, public acts 1891.
Sec. 750-(1). GENERAL LAWS AP-
PLICABLE. That all elections hereafter
held in the various cities, villages and
townships in this state, shall be in con-
fomity with the provisions of the laws
governing general elections so far as the
same shall be applicable thereto, and all
the provisions of such laws relative to the
boards of election inspectors, the arrange-
ment of polling places, the manner of vot-
ing and receiving votes, and the canvass
and declaration of the result of such elec-
tion, are hereby made applicable to such
municipal and township elections, but the
time for the opening and closing of the
polls shall not be affected thereby.
Sec. 751-(2). BOARD OF ELECTION
COMMISSIONERS. The township board
of each township, and such persons as
shall be elected therefor by the common
councils of the various cities and villages
in this state, shall be the board of election
commissioners for such township, city, or
village respectively, and shall perform
such duties relative to the preparation and
printing of ballots as are required by law
of the boards of election commissioners of
counties.
Sec. 752-(2). PARTY COMMITTEES.
And like duties and privileges as are en-
joined and granted by the laws governing
general elections upon the various com-
mittees of the different political organiza-
tions are hereby prescribed for the city,
village or township committees in elec-
tions held pursuant hereto; except that it
shall not be necessary for the committees
of the different political organizations to
furnish a vignette or heading for the bal-
lots other than to designate the name of
the party or political organization which
they represent.
Sec. 753-(3). WHEN NAMES TO
BE SUPPLIED. In municipalities gov-
erned by this law, the names of candi-
dates shall be given by the committees
of the various political organizations to
the board of election commissioners of
such municipality not less than five days
before each election, and the proof copy
of the ballot shall be open to the inspec-
tion of the chairman of each committee at
the office of the township clerk, and city
or village clerk or recorder, not less than
two clear secular days before such elec-
tion.
Sec. 754. THE ANTI-FUSION LAW.
The essential features of act 271, laws of
1895, known as the "anti-fusion" law, so
far as applicable to city elections, may be
summarized as follows:
1. The name of no one person is to be
printed in more than one column on the
ballot for the same office.
2.
When the name of the same person
is certified to the commissioners as hav-
ing been nominated by more than one par-
ty, the candidate may, within two days,
after being so certified, notify the com-
missioners in writing, either by personal
delivery or by mail, directed to the chair-
man, in which column he wishes his name
to appear.
3. If the candidate fail to so notify, the
commissioners shall print his name in the
column of the party first certifying his
nomination.
194
OFFENSES AGAINST
MISCELLANEOUS STATUTES.
ELECTION Laws.
OFFENCES AGAINST ELECTION LAWS.
Chapter 325 of Howell's statutes.
Sec. 755-(1). If any officer on whom
any duty is enjoined by law, relative to
general, special, township, or charter elec-
tions, or the canvassing or return of votes
given at any election, shall be guilty of
any willful neglect of such duty, or of
any corrupt conduct in the execution of
the same, he shall, on conviction thereof,
be deemed guilty of a misdemeanor, and
shall be punished by fine not exceeding
one thousand dollars, or imprisonment in
the state prison not exceeding three years.
Sec. 756-(2). If any person shall, by
bribery, menace, or any other corrupt
means or device whatever, either directly
or indirectly, attempt to influence any
elector in giving his vote, or deter him
from, or interrupt him in, giving the same,
at any election held pursuant to the pro-
visions of law, such person shall, on con-
viction thereof, be adjudged guilty of a
misdemeanor, and shall be punished by a
fine not exceeding five hundred dollars, or
by imprisonment in the county jail not
exceeding one year, or both, in the dis-
cretion of the court.
Sec. 757-(3). Every person, not a qual-
ified voter, who shall, at any election,
willfully give in a vote for any officer
then to be chosen, and every qualified
voter who, at such election, shall vote or
offer to vote in any township or ward in
which he does not reside, or who shall
vote or offer to vote more than once at
the same election, either in the same or
any other township or ward, or shall give
in two or more votes folded together, shall
on conviction thereof be adjudged guilty
of a misdemeanor, and shall be punished
by fine not exceeding five hundred dol-
lars, or by imprisonment in the county
jail not exceeding one year, or both, in the
discretion of the court.
Sec. 758-(4). Every person who shall
procure, aid, or counsel any person duly
qualified to vote at the place where the
vote is given or offered, to give or offer
his vote at any such election, and every
person who shall procure, aid, or counsel
any person to go or come into any town-
ship or ward for the purpose of voting
therein, at any election, knowing that
such person is not duly qualified to vote
in such township or ward, shall be deemed
guilty of a misdemeanor, and on convic-
tion thereof shall be punished in the man-
ner prescribed in the third section of this
chapter.
Sec. 759-(5). Any person, not duly au-
thorized by law, who shall, during the
progress of any election in this state, or
after the closing of the polls, and before
the ballots are counted and the result as-
certained, break open or violate the seals
or locks of any ballot-box in which bal-
lots have been deposited at such election,
or who shall obtain undue possession of
such ballot-box containing such ballots,
and conceal, withhold, or destroy the
same, or who shall fradulently or forcibly
add to or diminish the number of ballots
legally deposited, and all persons aiding
or abetting therein, shall be adjudged
guilty of a misdemeanor, and on convic-
tion thereof shall be punished by impris-
onment in the state prison for a term not
exceeding ten years, or by a fine not ex-
ceeding one thousand dollars.
Sec. 760—(6). It shall be the duty of
every inspector of elections, sheriff, con-
stable, and justice of the peace, knowing
or having reason to believe that any of-
fense punishable under the provisions of
this chapter has been committed, to cause
the offendor forthwith to be arrested, and
to give information thereof to the pros-
ecuting attorney without delay; and such
prosecuting attorney shall adopt effectual
measures for the punishment of all per-
sons who shall violate the provisions of
this chapter.
BETTING ON ELECTIONS.
Act 172, laws of 1861.
Sec. 761-(1). Any person who shall,
either directly or indirectly. bet, wager,
or hazard any money, or other property,
upon the result of the election of any of-
ficer of this state, or of the United States,
shall, on conviction thereof, be liable to a
fine at least equal in amount to the
amount of money or the value of the
property so bet, wagered, or hazarded:
Provided, that in no case shall such fine
be less than five nor more than five hun-
dred dollars.
BETTING UPON POLITICAL NOM-
INATIONS, APPOINTMENTS, ETC.
Act 175, laws of 1877.
Sec. 762.-(1). Any person who shall
keep any room or building for the pur-
pose, in part or in whole, of recording or
POLITICAL PURITY.]
195
MISCELLANEOUS STATUTES.
registering bets or wagers, or of selling
pools upon the result of any political nom-
ination, appointment, or election, and any
person who shall record or register bets
or wagers or sell pools on such result, or
any person who shall wager any property,
money, or thing exceeding one hundred
dollars in value on such result, or shall
keep or employ any device or apparatus
for the purpose of registering or recording
bets or wagers, or the selling of such
pools, shall be deemed guilty of a mis-
demeanor, and shall on [upon] conviction
thereof be punished by imprisonment in
the county jail not more than one year,
or by fine not exceeding one thousand
dollars. or by both such fine and imprís-
onment.
Sec. 763-(2). Any person who shall
wager any property, money or thing not
exceeding one hundred dollars in value,
or shall become the custodian or deposi-
tory of any money, property, or thing of
value, staked, wagered, or pledged, upon
the result of any political nomination, ap-
pointment, or election, shall be deemed
guilty of a misdemeanor, and shall upon
conviction thereof be punished by im-
prisonment in the county jail not more
than three months, or by fine not exceed-
ing one hundred dollars, or by both such
fine and imprisonment.
1
MAINTENANCE OF POLITICAL PURITY.
Act No. 190, laws of 1877.
Sec. 764-(1). The following persons
shall be guilty of bribery, and shall be
punished accordingly:
First. Every person who shall, direct-
ly or indirectly, by himself or by any oth-
er person on his behalf, give, lend, or
agree to give or lend, or shall offer or
promise any money or valuable consider-
ation, or promise or endeavor to procure
any money or valuable consideration to or
for any voter, or to or for any person on
behalf of any voter, or to or for any per-
son in order to induce any voter to vote or
refrain from voting, or shall corruptly do
any such act as aforesaid, on account of
such voter having voted or refrained from
voting for any person, candidate or ticket
at any public election in this state;
Second. Every person who shall, di-
rectly or indirectly, by himself or by any
other person on his behalf give or procure,
or agree to give or procure, or offer or
promise any office, place, or employment,
or promise to procure or to endeavor to
procure any office, place, or employment
to or for any voter, or to or for any other
person in order to induce such voter to
vote or refrain from voting, or shall cor-
ruptly do any such act as aforesaid, on
account of any voter having voted or re-
frained from voting for any person, can-
didate or ticket, at any such election;
Third. Every person who shall, direct-
ly or indirectly, by himself or by any oth-
er person on his behalf, make any gift,
loan, offer,
offer, promise, procurement, or
agreement, as aforesaid, to or for any
person, in order to induce such person to
procure or endeavor to procure the elec-
tion of any person to any public office in
this state, or the vote of any voter at any
such election;
Fourth. Every person who shall upon,
or in consequence of any such gift, loan,
offer, promise, procurement, or agree-
ment, procure or engage, promise or en-
deavor to procure the election of any per-
son or persons to any public office or of-
fices in this state, or the vote of any voter
at any such election;
Fifth. Every person who shall advance,
or pay, or cause to be paid any money to,
or to the use of, any other person, with
the intent that such money or any part
thereof shall be expended in bribery at
any such election, or who shall knowingly
pay or cause to be paid any money to
any person in discharge or repayment of
any money, wholly or in part expended
in bribery at any such election.
Sec. 765-(2). Any person offending,ac-
cording to the provisions of the preceding
section, shall be deemed guilty of a mis-
demeanor, and on conviction thereof shall
be punished by a fine of two hundred dol-
lars; but the bona fide payment by any
candidate for office or other person for
the fair and reasonable cost of printing
tickets and slips or pasters, and of adver-
tising in the newspapers or by posters any
political meeting, and the reasonable and
bona fide expenses of holding such meet-
ings and procuring speakers, and getting
out the people to the same, of obtaining
and distributing papers and tickets and of
bringing voters out to the polls; shall be
held to be expenses lawfully incurred, and
the payment thereof shall not be a contra-
vention of this act.
Sec. 766--(3). The following persons
shall also be deemed guilty of bribery and
on conviction thereof shall be punished as
prescribed in the preceding section.
First. Every voter who shall, before or
during any election, directly or indirectly,
by himself or by any other person on his
behalf, ask, solicit, receive, agree or con-
196
[POLITICAL PURITY.
MISCELLANEOUS STATUTES.
tract for any money, gift, loan or valuable
consideration, office, place, or employment
for himself or any other person, for voting
or agreeing to vote, or for refraining or
agreeing to refrain from voting for any
person, candidate, or ticket at any public
election in this state;
Second. Every person who shall after
any election directly or indirectly, by him-
self or by any other person on his behalf,
receive any money or valuable consider-
ation on account of any person having
voted or refrained from voting, or having
induced any other person to vote or to re-
frain from voting for any person, candi-
date, or ticket at any such election.
Sec. 767-(4). No candidate for any
public office shall corruptly, by himself,
or by or with any person, or by any other
way or means on his behalf, at any time
either before or during an election, di-
rectly or indirectly give or provide or
cause to be given or provided, or shall be
accessory to the giving or providing, or
shall pay wholly or in part any expenses
incurred for any meat, drink, refresh-
ment, or provision to or for any person,
in order to be elected or for being elected,
or for the purpose of corruptly influencing
such person or any other person to give
or refrain from giving his vote at such
election; and every person so offending
shall be deemed guilty of corrupt practice,
and on conviction thereof shall be fined
not less than twenty-five or more than
two hundred dollars.
Sec. 768-(5). The giving or causing to
be given to any voter on any election day,
on account of such voter being about to
vote, or having voted, any meat, drink,
or refreshment, or any money or ticket to
enable such voter to procure refreshment,
shall be deemed a corrupt practice, and
persons convicted thereof shall be pun-
ished as provided in the preceding sec-
tion.
Sec. 769-(6). Any person who shall di-
rectly or indirectly discharge or threaten
to discharge any person who may be in
his employ for the purpose of influencing
his vote at any election in this state, and
any priest, pastor, curate or other officer
of any religious association or society,
who shall impose or threaten to impose
any penalty of excommunication, dismis-
sal or expulsion, or who shall command
or advise under pain of religious disap-
proval, for the purpose of influencing any
voter at an election in this state, shall be
deemed guilty of corrupt practice, and on
conviction thereof shall be punished as
provided for in section four of this act.
Sec. 770-(7).
(7). If any candidate for any
public office at any election in this state
•
shall commit bribery, or any corrupt
practice, as defined in this act, the elec-
tion of such candidate, if he has been
elected, shall be void, and if he shall en-
ter into the office for which he was elect-
ed, an information in the nature of a quo
warranto to oust him from such office,
may be filed in the supreme court or the
proper circuit court, under chapter two
hundred and twenty-five of the compiled
laws of eighteen hundred and seventy-
one: Provided, such bribery or corrupt
practice shall be proved by at least two
witnesses.
Sec. 771-(8). Any person who shall di-
rectly or indirectly by himself or by any
other person on his behalf, offer or prom-
ise any office, place, or employment under
the government of the United States, or
promise to procure or to endeavor to pro-
cure any such office, place or employ-
ment, to or for any member of the legis-
lature, or to or for any other person, in
order to induce such member of the leg-
islature to vote or refrain from voting for
any person for the office of United States
senator from this state, or shall corruptly
do any such act as aforesaid, on account
of any member of the legislature having
voted or refrained from voting as afore-
said, shall be deemed guilty of a felony,
and on conviction thereof shall be pun-
ished by imprisonment in the state prison
for a period not exceeding five years, or
by a fine not exceeding one thousand dol-
lars.
Sec. 772-(9). It shall be unlawful for
any person to sell, barter, or give away
any spirituous, vinous or malt liquors, on
the day of any election held within this
state, under the constitution or laws
thereof; and it shall be the duty of all
mayors of cities, presidents of villages,
and supervisors of townships, within five
days previous to the days of election as
aforesaid, to issue a proclamation, warn-
ing the inhabitants of the provisions of
this act, and that all violations of the
same will subject the offender to prompt
and speedy punishment, and requiring
sheriffs, marshals, constables, and police
officers to close, and it shall be the duty
of such officers to close all houses or
places found violating the provisions of
this act, and to report forthwith all vio-
lations of this act. to the prosecuting at-
torney and mayor, president or super-
visors aforesaid, and whose duty it shall
be to immediately prosecute such viola-
tions of this act. Any person who shall
violate any of the provisions of this sec-
tion, shall be deemed guilty of a misde-
meanor, and upon conviction thereof, shall
be punished by a fine of not less than
POLITICAL PURITY.]
197
MISCELLANEOUS STATUTES.
twenty-five dollars, nor more than one
hundred dollars, and costs of prosecution,
and on failure to pay such fine and costs,
shall be imprisoned in the county jail not
less than ten days, nor more than ninety
days, or both such fine and imprisonment,
in the discretion of the court.
deemed a
Sec. 773-(10). It shall be
violation of this act and of the preceding
section to sell, barter or give away spir-
ituous, vinous or malt liquors on any elec-
tion day after the hour at which, by law,
the polls are closed.
PROHIB-
Sec. 774. SOLICITATION
ITED. By Sec. 33 of the election law it
is unlawful for the board of election in-
spectors, or any of them, or any person
in the polling room or any compartment
therewith connected, to persuade or to
endeavor to persuade any person to vote
for or against any particular candidate
or party ticket.
Sec. 775. EXPENDITURES BY CAN-
DIDATES. Sec. 43 of the election law
makes it unlawful for any candidate for
any elective office, with intent to pro-
mote his election, or for any other person,
with the intent to promote the election of
any such candidate, either:
First. To provide or furnish entertain-
ment at his expense to any meeting of
electors, previous to, or during the elec-
tion at which he [shall] may be a candi-
date; or,
Second. To pay for, procure, or en-
gage to pay for any such entertainment;
or,
Third. To contribute money for any
other purpose intended to promote an
election of any particular person or ticket,
except for the defraying the expenses of
office room or hall rent, postage, station-
ary and clerk hire, music at public meet-
ings, the pay and expense of public
speakers, transportation of committeemen,
the pay of challengers at polls, and of
persons to inspect the registration of
voters and of persons employed to make
lists of the voters in election precincts,
and of printing, and the circulation of
handbills and other papers previous to
any such election, or for conveying elec-
tors to the polls.
INSPECTION OF BUILDINGS.
Sec. 776. Act No. 226, laws of 1879, as
amended by Act No. 41, laws of 1881,
(Howell's statutes, 2096-2102) makes pro-
vision for the inspection of public build-
ings in cities and villages, and makes it
unlawful to use such buildings until they
have been properly inspected and ap-
proved for use in accordance with the
law.
Sec. 777. Act No. 182, laws of 1877,
(Howell's statutes, 2091-2094) makes it the
duty of township boards, village trustees,
and the city councils to appoint a com-
mittee of three (one of them the chief of
the fire department, or the fire warden),
to examine all hotels or public houses,
more than two stories high, and having
thirty or more rooms for guests, as to
provisions for protection of guests from
danger by fire, and to report to the ap-
pointing body, which body is required to
cause needed changes to be made in ac-
cordance with the provisions of the act.
The act also makes it their duty (with
the village president or city mayor) to ex-
amine all such hotels or houses, or cause
them to be examined at least once in each
year. Act No. 170, laws of 1883, imposes
duties on township and village boards and
common councils in enforcing the provi-
sions of said act with regard to fire es-
capes in hotels, boarding and lodging
houses, and other places of assembly.
BONDS TO INSURE PAYMENT OF WAGES, AND
FOR MATERIALS USED IN PUBLIC WORKS.
Act No. 94, public acts 1883.
Sec. 778-(1). When public buildings,
or other public works, are about to be
built, repaired, or ornamented under con-
tract, at the expense of this state, or of
any county, city, village, township, or
school district thereof, upon which build-
ings or works liens might attach for labor
or materials, if belonging to private per-
sons, it shall be the duty of the board,
officers, or agents contracting on behalf
of the state, county, city, village, town-
ship, or school district, to require suffi-
cient security, by bond, for the payment
198
[BONDS FOR WAGES.
MISCELLANEOUS STATUTES.
by the contractor, and all sub-contract-
ors, for all labor performed or materials
furnished in the erection, repairing, or or-
namenting of such building.
Sec. 779-(2). Such bond shall be exe-
cuted by such contractor to the people of
the state of Michigan, in such amount,
and with such sureties as shall be ap-
proved by the board, officer, or agent act-
ing on behalf of the state, county, city,
village, township, or school district as
aforesaid, and conditioned for the pay-
ment by such contractor, or any sub-con-
tractor, as the same may become due and
payable, of all indebtedness which may
accrue to any person, firm, or corpora-
tion, on account of any labor performed,
or materials furnished in the erection, re-
pairing, or ornamenting of such building
or works. Such bond shall be deposited.
with, and held by, such board, officer or
agent, for the use of any party interested.
therein.
Sec. 780—(3). Such bond may be pros-
ecuted, and recovery had, by any person,
firm, or corporation, to whom any money
shall be due and payable, on account of
having performed any labor, or furnished
any materials in the erection, repairing,
or ornamenting of such building, or"
works, in the name of the people of this.
state, for the use and benefit of such per-
son, firm, or corporation: Provided, that
the people of this state shall, in no case
brought under the provisions of this act,
be liable for costs.
THE PUBLIC HEALTH.
THE PRESERVATION OF PUBLIC
HEALTH; QUARANTINE, NUI-
SANCES, AND OFFENSIVE
TRADES.
Provisions of chapter 39, Howell's stat-
utes, Secs. 1634-1685.
Sec. 781-(1634). Every township board
of health shall appoint and constantly have
a health officer of the township, who shall,
where practicable, be a physician and san-
itary adviser, and an executive officer of
the board: Provided, that in townships
where it is not practicable to secure the ser-
vices of a well educated and suitable phy-
sician, the board may appoint the super-
visor or some other person as such health
officer. The board of health shall estab-
lish his salary or other compensation, and
shall regulate and audit all fees and
charges of persons employed by them in
the execution of the health laws and of
their own regulations. Within thirty days
after the annual township meeting in each
year, the board of health shall meet for
the transaction of business and shall ap-
point or re-appoint a health officer, and
shall immediately cause to be transmitted
to the secretary of the state board of
health, at Lansing, the full name and
postoffice address of such health officer,
and a statement whether he is a physi-
cian, the supervisor, or some other person
not a physician. A special meeting of the
board may be called by the order of the
president or of any two members of said
board.
Sec. 782-(1635). The board of health
shall make such regulations respecting
nuisances, sources of filth, and causes of
sickness, within their respective town-
ships, and on board of any vessels in their
ports or harbors, as they shall judge nec-
essary for the public health and safety;
and if any person shall violate any such
regulations, he shall forfeit a sum not ex-
ceeding one hundred dollars.
Sec. 783-(1636). The said board shall
also make such regulations as they may
deem necessary for the public health and
safety, respecting any articles which are
capable of containing or conveying any
infection or contagion, or of creating any
sickness, when such articles shall be
brought into, or conveyed from, their
township, or into or from any vessel; and
if any person shall violate any such reg-
ulation, he shall forfeit a sum not exceed-
ing one hundred dollars.
Sec. 784-(1637). The said board shall
also make all regulations which they may
deem necessary for the interment of the
dead, and respecting burying-grounds,
for their township; and it shall also be the
duty of said board to purchase in each
surveyed township so much land for bury-
ing-grounds as shall be necessary for
burying the dead of such township, pro-
vided suitable grounds therefor can be
found and procured within the township,
and if not, they shall then provide such
grounds in the nearest adjoining township
where such suitable grounds can be pro-
cured.
Sec. 785-(1638). The board of health of
the township for which such burying-
grounds shall be procured, and the suc-
PUBLIC HEALTH.]
199
MISCELLANEOUS STATUTES.
cessors in office, shall hold the fee of such
land in trust for such township; and they
shall keep the same, or so much thereof
as shall be necessary, surrounded with a
good and substantial fence; the expenses
of the purchase of such lands, and of
fencing and regulating the same, to be
certified to the town board by the board
of health, and, by the town board, pro-
vided for as a part of the contingent ex-
penses of the township: Provided howev-
er, that the board of health may, when-
ever they think it desirable, sell and con-
vey single or family burial lots in said
township burying-grounds, to such person
or persons as may desire to procure the
same, and apply the proceeds thereof to-
wards the purchase or improvement of
said grounds, certifying the amount of all
such sales and expenditures to the town-
ship board as above provided.
Sec. 786-(1639). Notice shall be given
by the board of health of all regulations
made by them, by publishing same in
some newspaper of the township, if there
be one published therein, and if not, then
by posting them up in five public places
in such township; and such notice of said
regulations shall be deemed legal notice
to all persons.
Sec. 787-(1640). The board of health
shall examine into all nuisances, sources
of filth, and causes of sickness that may,
in their opinion, be injurious to the health
of the inhabitants within their township,
or in any vessel within any harbor or port
of such township; and the same shall de-
stroy, remove, or prevent, as the case
may require.
Sec. 788-(1641). Whenever any such
nuisance, source of filth or cause of sick-
ness shall be found on private property,
the board of health shall order the owner
or occupant thereof. at his own expense,
to remove the same within twenty-four
hours; and if the owner or occupant shall
neglect so to do, he shall forfeit a sum
not exceeding one hundred dollars.
Sec. 789-(1642). If the owner or occu-
pant shall not comply with such order of
the board of health, such board may cause
the said nuisance, source of filth, or cause
of sickness, to be removed, and all ex-
penses incurred thereby shall be paid by
the said owner or occupant or by such
other person as shall have caused or per-
mitted the same.
Sec. 790-(1643). Whenever any per-
son shall be convicted on an indictment
for a common nuisance that may be in-
jurious to the public health, the court
may, in its discretion, order it to be re-
moved or destroyed, at the expense of the
defendant, under the direction of the board
of health of the township where the nui-
sance is found; and the form of the war-
rant to the sheriff or other officer may
be varied accordingly.
Sec. 791-(1644). Whenever the board
of health shall think it necessary for the
preservation of the lives or health of the
inhabitants to enter any building or vessel
in their township; for the purpose of ex-
amining into and destroying, removing, or
preventing any nuisance, source of filth,
or cause of sickness, and shall be refused
such entry, any member of the board may
make complaint, under oath, to any jus-
tice of the peace of his county, whether
such justice be a member of such board
or not, stating the facts of the case, so far
as he has knowledge thereof.
Sec. 792—(1645). Such justice may
thereupon issue a warrant directed to the
sheriff or any constable of the county,
commanding him to take sufficient aid,
and being accompanied by any two or
more members of said board of health,
between the hours of sunrise and sunset,
to repair to the place where such nui-
sance, source of filth, or cause of sickness
complained of may be, and the same de-
stroy, remove. or prevent, under the di-
rection of such members of the board of
health.
Sec. 793-(1646). The board of health
may grant permits for the removal of any
nuisance, infected article, or sick person
within the limits of their township, when
they shall think it safe and proper so to
do.
Sec. 794-(1647). When any person
coming from abroad or residing in any
township within this state, shall be in-
fected, or shall lately before have been
infected with the small-pox, or other sick-
ness dangerous to the public health, the
board of health of the township where
such person may be, shall make effectual
provision in the manner in which they
shall judge best for the safety of the in-
habitants, by removing such sick or in-
fected person to a separate house, if it can
be done without danger to his health, and
by providing nurses and other assistance
and necessaries, which shall be at the
charge of the person himself, his parents
or other persons who may be liable for his
support, if able; otherwise, as a charge
of the county to which he belongs: Pro-
vided, that the health board shall keep
and render an itemized and separate
statement of expenses incurred in so car-
ing for each person.
Sec. 795-(1648). If any such infected
person cannot be removed without danger
to his health, the board of health shall
make provision for him as directed in the
?
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>
>
>
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200
[PUBLIC HEALTH.
MISCELLANEOUS STATUTES.
[
preceding section, in the house in which
he may be, and in such case they may
cause the persons in the neighborhood to
be removed, and may take such other
measures as they may deem necessary
for the safety of the inhabitants.
Sec. 796-(1649). The board of health of
any township near to or bordering upon
either of the neighboring states, may ap-
point, by writing under their hands, suit-
able persons to attend any places by
which travelers may pass from infected
places in other states; and the persons
so appointed may examine such passen-
gers as they may suspect of bringing with
them any infection which may be danger-
ous to the public health, and, if need be,
may restrain them from traveling until
licensed thereto by the board of health
of the township to which such persons
may come; and any person coming from
such infected place, who shall, without li-
cense as aforesaid, travel within this state,
unless it be to travel by the most direct
way to the state from whence he came,
after he shall be cautioned to depart by
the persons appointed as aforesaid, shall
forfeit a sum not exceeding one hundred
dollars.
Sec. 797-(1650). Any two justices of
the peace may, if need be, make out a
warrant under their hands, directed to
the sheriff or any constable of the county,
requiring him, under the direction of the
board of health, to remove any person
infected with contagious sickness, or to
take possession of convenient houses and
lodgings, and to provide nurses, attend-
ants, and other necessaries for the accom-
modation, safety, and relief of the sick.
Sec. 798-(1651). Whenever, on applica-
tion of the board of health, it shall be
made to appear to any justice of the peace
that there is just cause to suspect that any
baggage, clothing, or goods of any kind
found within the township are infected with
any disease which may be dangerous to the
public health, such justice of the peace
shall, by warrant under his hand, directed
to the sheriff or any constable of the
county, require him to take with him as
many men as the said justice shall deem
necessary to secure such baggage, cloth-
ing, or other goods, and to post said men
as a guard over the house or place where
such baggage, clothing, or other goods
shall be lodged, which guard shall take
effectual care to prevent any person re-
moving or coming near to such baggage,
clothing, or other goods, until due inquiry
be made into the circumstances thereof.
Sec. 799-(1652). The said justice may
also, by the same warrant, if it shall ap-
pear to him necessary, require the said
officer, under the direction of the board of
health, to impress and take up convenient
houses or stores for the safe keeping of
such baggage, clothing, or other goods;
and the board of health may cause them.
to be removed to such houses or stores, or
to be otherwise detained, until they shall,
in the opinion of said board of health, be
freed from infection.
Sec. 800--(1653). Such officer, in the ex-
ecution of such warrant, shall, if need be,
break open any house, shop, or any other
place mentioned in said warrant, where
such baggage, clothing, or other goods
shall be; and he may require such aid as
shall be necessary to effect the execution.
of the warrant; and all persons shall, at
the command of any such officer, under
a penalty not exceeding ten dollars, assist.
in the execution of the warrant, if able
to do so.
Sec. 801-(1654). The charges of secur-
ing such baggage, clothing, or other goods,
and of transporting and purifying the
same, shall be paid by the owner or own-
ers thereof, at such rates and prices as
shall be determined by the board of
health.
Sec. 802-(1655). Whenever the sheriff
or other officer shall take possession of
any houses, stores, lodgings or other nec-
essaries, or shall employ any nurse or at-
tendants, as provided in this chapter, the
several parties interested shall be entitled
to a just compensation therefor, to be
paid by the county in which such person
or property shall have been so employed
or taken possession of.
Sec. 803-(1656). Whenever any person
confined in any common jail shall be at-
tacked with any disease, which, in the
opinion of the physician of the board of
health, or of such other physicians as they
may consult, shall be considered danger-
ous to the safety and health of the other
prisoners, or of the inhabitants of the
township, the board of health shall, by
their order in writing, direct the removal
of such person to some hospital or other
place of safety, there to be provided for
and securely kept, so as to prevent his
escape, until their further orders; and if
such prisoner shall recover from the dis-
ease, he shall be returned to such jail.
Sec. 804-(1657). If the person so re-
moved shall have been committed by or-
der of any court, or under any judicial
process, the order for his removal, or a
copy thereof, attested by the presiding
member of said board of health, shall be
returned by him, with the doings thereon,
into the office of the clerk of the circuit
court for the county; and no prisoner, re-
moved as aforesaid, shall be considered
f
PUBLIC HEALTH.]
201
MISCELLANEOUS STATUTES.
as thereby having committed an escape.
Sec. 805-(1658). Whenever any pesti-
lence or contagious disease shall break
out in any county poorhouse in this state,
or in the vicinity thereof, and the physi-
cian to such county poorhouse, or such
other physician as the superintendents
may consult, shall certify that such pesti-
lence or disease is likely to endanger the
health of the persons supported at such
poorhouse, the superintendents of such
county poorhouse shall cause the persons
there supported, or any of them, to be re-
moved to some other suitable place in the
same county, and there to be maintained
and provided for at the expense of the
county, with all necessary medical at-
tendance and care, until they can safely
be returned to such poorhouse, or other-
wise discharged.
QUARANTINE.
Sec. 806 (1659). Any township may es-
tablish a quarantine ground in any suit-
able place, either within or without its
own limits: Provided, that if such place
shall be without its limits, the assent of
the township within whose limits it may
be established shall be first obtained
therefor.
Sec. 807-(1660). Any two or more
townships may, at their joint expense, es-
tablish a quarantine ground for their joint
use, either within or without their own
limits: Provided, that if such place shall
be without their limits, they shall first
obtain the assent of the township within
whose limits the same may be.
Sec. 808-(1661). The board of health
in each township in this state bordering
upon Lake Michigan, Lake Superior, Lake
Huron, Lake St. Clair, or Lake Erie, or
upon any of the principal rivers or straits
connecting together any of the said lakes,
or bordering upon any navigable waters
uniting with any of the said lakes, rivers,
or straits, may from time to time estab-
lish the quarantine to be performed by all
vessels arriving within the limits of such
townships, and may make such quaran-
tine regulations as they shall judge nec-
essary for the health and safety of the
inhabitants.
Sec. 809-(1662). The quarantine regu-
lations so established shall extend to all
persons, and all goods and effects, ar-
riving in such vessels, and to all persons
who may visit or go on board of the same.
Sec. 810-(1663). The said quarantine
regulations, after notice shall have been
given in the manner before provided in
this chapter, shall be observed and com-
plied with by all persons; and any person
who shall violate any such regulations
shall forfeit a sum not less than five dol-
lars and not more than five hundred dol-
lars.
Sec. 811-(1664). The board of health in
each township bordering upon any of the
lakes, rivers, straits, or other navigable
waters hereinbefore mentioned, may at all
times cause any vessel arriving within
the limits of the township, when such
vessel or cargo thereof shall, in their opin-
ion, be foul or infected, so as to endanger
the public health, to be removed to the
quarantine ground, and to be thoroughly
purified, at the expense of the owners,
consignees, or persons in possession of the
same; any they may also cause all per-
sons arriving in or going on board of such
infected vessel, or handling such infected
cargo, to be removed to any hospital un-
der the care of the said board of health,
there to remain under their orders.
Sec. 812-(1665). If any master, sea-
man, or passenger, belonging to any ves-
sel, on board of which any infection may
then be, or may have lately been, or
which may have been at, or which may
have come from, any port or place where
any infectious disease prevails, that may
endanger the public health, shall refuse
to answer on oath, to be administered by
any member of such board, such ques-
tions as may be asked him, relating to
such infection or disease, by any member
of the board of health of the township to:
which such vessel may come, such mas-
ter, seaman, or passenger, so refusing,
shall forfeit a sum not exceeding two
hundred dollars; and in case he shall not
pay such sum, he shall suffer six months"
imprisonment.
Sec. 813--(1666). All expenses incurred
on account of any person, vessel, or
goods, under any quarantine regulations,
shall be paid by such person, or by the
owner of such vessel or goods, respective-
ly.
SMALL-POX AND OTHER DANGER-
OUS DISEASES.
Sec. 814-(1667). The inhabitants of
any township may establish within their
township and be constantly provided with
one or more hospitals for the reception of
persons having the small-pox, or other
disease which may be dangerous to the
public health.
Sec. 815-(1668). All such hospitals:
shall be subject to the orders and regula-
tions of the board of health, or a com-
mittee appointed by such board for that
purpose; but no such hospital shall be es-
tablished within one hundred rods of any
inhabited dwelling house situated in an
202
[PUBLIC HEALTH.
MISCELLANEOUS STATUTES.
adjoining township, without the consent
of such adjoining township.
Sec. 816 (1669). If any person shall in-
oculate any other person, or inoculate
himself, or suffer himself to be inoculated,
with the small-pox, unless at some hos-
pital licensed and authorized by law, he
shall, for each offense, forfeit a sum not
exceeding two hundred dollars.
Sec. 817-(1670). When any hospital
shall be so establish, the physician attend-
ing the same, the persons inoculated or
sick therein, the nurses, attendants, and
all persons who shall approach or come
within the limits of the same, and all such
furniture and other articles as shall be
used or brought there, shall be subject to
such regulations as shall be made by the
board of health, or of the committee ap-
pointed for that purpose.
Sec. 818-(1671). When the small-pox
or any other disease dangerous to the
public health shall break out in any town-
ship, the board of health shall immediately
provide such hospital, or place of recep-
tion for the sick and infected, as they
shall judge best for their accommodation
and the safety of the
safety of the inhabitants; and
such hospitals and places of reception shall
be subject to the regulations of the board
of health, in the same manner as herein-
before provided for established hospitals.
Sec. 819-(1672). The board of health
shall cause such sick or infected persons
to be removed to such hospitals or places
of reception, unless the condition of the
sick person be such as not to admit of re-
moval without danger to life; in which
case the house or place where the sick
shall remain shall be considered as a hos-
pital to every purpose before mentioned,
and all persons residing in or in any way
concerned with the same, shall be subject
to the regulations of the board of health,
as before provided.
Sec. 820-(1673). When the small-pox,
or any other disease dangerous to the
public health, is found to exist in any
township, the board of health shall use all
possible care to prevent the spreading of
the infection, and to give public notice of
infected places to travelers, by such
means as in their judgment shall be most
effectual for the common safety.
Sec. 821-(1674). If any physician or
other person in any of the hospitals or
places of reception before mentioned, or
who shall attend, approach, or be con-
cerned with the same, shall violate any of
the regulations lawfully made in relation
thereto, either with respect to himself, or
his or any other person's property, the
person so offending shall, for each of-
fense, forfeit a sum not less than ten nor
more than one hundred dollars.
Sec. 822-(1675). Whenever any house-
holder, hotel keeper, keeper of a boarding
house, or tenant, shall know, or shall be
informed by a physician, or shall have
reason to believe that any person in his
family, hotel, boarding house or premises,
is taken sick with small-pox, cholera,
diphtheria, scarlet fever, or any other dis-
ease dangerous to the public health, he
shall immediately give notice, in writing,
thereof to the health officer of the town-
ship, city or village in which he resides.
Said notice shall state the name of the
person sick, the name of the disease, if
known, the name of the householder, hotel
keeper, keeper of boarding house or ten-
ant giving the notice, and shall, by street
and number, or otherwise, sufficiently
designate the house in which he resides or
the room in which the sick person may
be; and if he shall refuse or willfully neg-
lect immediately to give such notice, he
shall be deemed guilty of a misdemeanor,
and upon conviction thereof he shall be
punished by a fine of not exceeding one
hundred dollars and costs of prosecution;
or in default of payment thereof, by im-
prisonment not exceeding ninety days in
the county jail, in the discretion of the
court: Provided, that such fine or im-
prisonment shall not be enforced if the
physician in attendance has given to the
health officer or other officer hereinbefore
mentioned an immediate notice of said
sick person and true name of the disease,
in accordance with the requirements of
this section.
Sec. 823-(1676). Whenever any physi-
cian shall know that any person whom he
is called to visit, or who is brought to him
for examination, is infected with small-
pox, cholera, diptheria, scarlet fever, or
any other disease dangerous to the public
health, he shall immediately give notice
thereof to the health officer of the town-
ship, city or village, in which the sick
person may be; and to the householder,
hotel keeper, keeper of a boarding house,
or tenant within whose house or rooms the
sick person may be. The notice to the of-
ficer of the board of health shall state the
name of the disease, the name, age and
sex of the person sick, also the name of
the physician giving the notice; and shall,
by street and number, or otherwise, suf-
ficiently designate the house or room in
which said person sick may be. And ev-
ery physician and person acting as a phy-
sician, who shall refuse or neglect imme-
diately to give such notice shall forfeit for
each such offense a sum not less than ten
nor more than fifty dollars: Provided,
PUBLIC HEALTH.]
203
MISCELLANEOUS STATUTES.
that this penalty shall not be enforced
against a physician if another physician
in attendance has given to the health of-
ficer, or other officer herein before men-
tioned, an immediate notice of said sick
person, and the true name of the disease,
in accordance with the requirement of this
section.
Sec. 824-(1677). Every township may,
at any meeting, make suitable provision
for the inoculation of the inhabitants
thereof with the cow-pox, under the direc-
tion of the board of health or the health
officer of the township, and they shall
raise all necessary sums of money to de-
fray the expenses of such inoculation, in
the same manner that other township
charges are defrayed.
OFFENSIVE TRADES.
Sec. 825-(1678). The township board
of every township, the president and trus-
tees, or council, of every village, and the
mayor and aldermen of every city, re-
spectively, when they shall judge it nec-
essary, shall, from time to time, assign
certain places for the exercising of any
trade or employment offensive to the in-
habitants or dangerous to the public
health; and they shall forbid the exercise
thereof in places not so assigned; and all
such assignments shall be entered in the
records of the township, village, or city,
and they may be revoked when the said
township, village, or city
village, or city officers may
think proper.
Sec. 826-(1679). When any place or
building so assigned shall become a nui-
sance by reason of offensive smells or ex-
halations proceeding therefrom, or shall
become otherwise hurtful or dangerous to
the neighborhood, or to travelers, and the
same shall be made to appear on a trial,
or the admission of the person exercising
such trade or employment, before the cir-
cuit court for the county, upon a com-
plaint made by the board of health, or by
any other person, the said court may re-
voke such assignment, and prohibit the
further use of such place, or building, for
the exercise of either of the aforesaid
trades or employments, and may cause
such nuisance to be removed or prevent-
ed.
Sec. 827-(1680). Any person injured,
either in his comfort or the enjoyment of
his estate, by any such nuisance, may
have an action on the case for the dam-
ages sustained thereby, in which action
the defendants may plead the general is-
sue and give any special matter in evi-
dence.
BOARDS OF HEALTH IN CITIES
AND VILLAGES.
Sec. 828-(1681). The mayor and alder-
men of each incorporated city, and the
president and council, or trustees of each
incorporated village in this state, in which
no board of health is organized under its
charter, shall have and exercise all the
powers and perform all the duties of a
board of health as provided in this chap-
ter, within the limits of the cities or vil-
lages, respectively, of which they are
such officers. The provisions of
of this
chapter, and
and the amendments thereto,
shall, as far as applicable, apply to all
cities and villages in this state, and all
duties which are, by the provisions of this
chapter, to be performed by the board of
health of townships, or by the officers and
inhabitants thereof, shall in like manner
be performed by the board of health and
the officers and inhabitants of such cities
and villages, with a like penalty for the
non-performance of such duties, except-
ing in cases where the charters of such
cities and villages contain provisions in-
consistent herewith.
FREE VACCINATION.
Act No. 146, laws of 1879.
Sec. 829-(1685). The board of health of
each city, village and township, may at
any time direct its health officer or health
physician to offer vaccination with bovine
vaccine virus to every child not previous-
ly vaccinated, and to all other persons
who have not been vaccinated within the
preceding five years, without cost to the
persons [person] vaccinated, but at the
expense of such city, village or township,
as the case may be.
PREVENTION OF THE INTRODUC-
TION OF A DANGEROUS COM-
MUNICABLE DISEASE.
Act No. 45, laws of 1895.
Sec. 830-(1). No
No person sick with
cholera, small-pox, diphtheria, scarlet fe-
ver or any other communicable disease
dangerous to the public health, no corpse
of a person dead from one of the above-
named diseases, or from any other com-
municable disease dangerous to the public
health, and no article which has been in-
fected or is liable to propagate or convey
and such disease, shall come or be brought
into any township, city or village in Mich-
igan, without the special permit of the
board of health or of the health officer of
said township, city or village, and then
only under the supervision of the health
204
[PUBLIC HEALTH.
MISCELLANEOUS STATUTES.
officer of said township, city or village.
Sec. 831-(2). Whoever shall violate the
provisions of section one of this act, or
the order of the health officer made in
pursuance thereof, shall, on conviction,
be deemed guilty of a misdemeanor, and
shall be punished by a fine of not more
than one hundred dollars, or by imprison-
ment in the county jail not exceeding
three months, or by both said fine and
imprisonment.
PREVENTION OF THE SPREAD OF
DANGEROUS COMMUNICABLE
DISEASES.
Act No. 15, laws of 1891.
Sec. 832-(1). No person affected with
small-pox, diphtheria or scarlet fever,
shall willfully enter a public place or a
public conveyance, nor shall in any way
willfully subject another person to dan-
ger of contracting such disease; no per-
son shall knowingly and willfully take,
aid in taking, or cause to be taken, a
child or other irresponsible person, while
affected with any of the aforesaid dis-
eases, into a public place or public con-
veyance, nor in any way knowingly and
willfully subject another person to dan-
ger of contracting any one of the afore-
said diseases from such child or irre-
sponsible person; no person shall know-
ingly and willfully subject another per-
son to danger of contracting any of the
aforesaid diseases from the body of a
person deceased therefrom; no person
shall in any way knowingly and willfully
expose, aid in exposing, or cause to be
exposed a child or other irresponsible per-
son, to danger of contracting any one of
the aforesaid diseases: Provided, that
this section shall not apply to necessary
transportation of patients suffering from
such diseases in proper vehicles provided
for such purposes.
Sec. 833-(2). Whoever shall violate
any of the provisions of section one of
this act shall be deemed guilty of a mis-
demeanor, and on conviction thereof, shall
be punished by a fine of not less than
twenty-five dollars, nor more than one
hundred dollars, or by imprisonment in
the county jail not less than twenty days,
nor more than ninety days.
THE PREVENTION OF BLINDNESS
IN THE NEWLY BORN.
Act No. 43, laws of 1895.
Sec. 834--(1). Should one or both eyes
of an infant become inflamed or swollen,
or reddened, or should any pus or secre-
tion form in the eyes or upon the edge of
the lids, at any time within two weeks
after birth, it shall be the duty of any
midwife, nurse or other person having
charge of such infant, to report in writing
within six hours after discovery of such
inflammation, redness or formation of
pus, or secretion, to the local health of-
ficer or some legally qualified practitioner
of medicine in the city, town or district in
which such case shall occur, the fact that
such inflammation, swelling or redness or
accumulation in the eyes exists.
Sec. 835-(2). Any failure to comply
with the provisions of this act shall be
punished by a fine not to exceed one hun-
dred dollars or imprisonment not to ex-
ceed six months, or both such fine and
imprisonment in the discretion of the
court.
THE REGISTRATION OF DEATHS.
Act No. 217, laws of 1897.
Sec. 836-(1). The body of no person
whose death occurs in the state shall be
interred, deposited in a vault or tomb or
otherwise disposed of, or removed from
the township, village or city in which the
death occurred, until a permit for burial
or removal shall have been properly is-
sued by the clerk of the township, village
or city in which the death occurs, who
shall be the registrar of deaths: Provided,
that in cities that have, or shall institute,
a system of immediate registration of
deaths by the board of health, the health
officer or secretary of the board of health
shall act as registrar of deaths under this
act, in lieu of the city clerk, and shall in
all respects conform to its provisions.
Sec. 837-(2). Whenever any person
shall die, the undertaker, householder,
relative, friend, manager of institution,
sexton or other person superintending the
burial of said deceased person, shall cause
a certificate of death to be filled out with
all of the personal and family particulars
required in section three of this act, and
attested by the signature of a relative or
some competent person acquainted with
·
DEATH REGISTRAT'N.] MISCELLANEOUS STATUTES.
205
the facts. The physician who attended
the deceased person during his last illness,
shall fill out the medical certificate of
cause of death, which death certificate
shall be delivered to the registrar within
the time designated, if any, by the local
board of health. In case of death with-
out the attendance of a physician, or if it
shall appear probable that the deceased
person came to his death by unlawful or
suspicious means, then the registrar shall
refer the certificate to the health officer or
coroner for immediate investigation and
report prior to issuing the permit: Pro-
vided, that when the health officer is not
a physician, and only in such case, the
registrar is authorized to insert the facts
relating to the cause of death from state-
ments of relatives or other competent tes-
timony. Upon the presentation of a cer-
tificate of death properly filled out and
signed, the registrar shall issue a permit
for the burial or removal of the body and
shall immediately record the death in the
register of deaths, numbering all cer-
tificates consecutively in the order in
which they are received, beginning with
number one, for the first death that oc-
curs in each year. In deaths from dan-
gerous communicable diseases, burial or
removal permits shall be granted by the
registrar only in accordance with the
rules of the local board of health and of
the state board of health relating thereto.
Sęc. 838-(3). The certificate of death
shall contain the following facts concern-
ing each decedent:
First Part--Personal and family par-
ticulars:-Date of death, stating year,
month and day; full name; sex; age, in
years, months and days, if known, or the
approximate age if the exact age cannot
be ascertained; color; whether single,
married, widowed, or divorced; if mar-
ried, age at first marriage, and parent of
how many children, of whom how many
are living; place of death, giving ward,
street and number if in a city; birthplace
(state or country if not born in Michigan);
occupation; full names of both parents;
birthplaces of both parents; proposed
place and
time of burial or place and
route for removal of body; signature and
address of reporter certifying to above
facts; signature and address of under-
taker.
Second Part Medical certificate of
cause of death:-Name of disease; imme-
diate cause of death, together with con-
tributory causes or complications, if any;
duration of each cause; date last seen by
medical attendant, or fact of no medical
attendance; in violent deaths, statement
whether death resulted from accident, sui-
cide or homicide; whether a post mortem
was held and results thereof, signature
and address of medical attendant, health
officer or coroner certifying to cause of
death: Provided further, said certificate
and permit shall not be required before
burial in townships where it is imprac-
ticable to obtain the same within a rea-
sonable time after death, but in all such
cases, said certificate shall be obtained
within ten days after death.
Sec. 839-(4). Registers of deaths shall
be supplied by the secretary of state to
registrars for
for recording certificates of
death, together with all blanks required
for the execution of this act. On the
fourth day of each month the registrar of
each township, village and city shall
promptly transmit to the secretary of
state, in an official envelope provided by
the state and stamped with one full letter
stamp, all the certificates of death filed
in his office during the [preceding] pro-
ceeding calendar month, with a statement
of the number of deaths so reported:
Provided, that the registrars of cities,
may in lieu of the original certificates of
deaths transmit certified copies of the
same to the secretary of state. If no
deaths occurred, he shall make a return
to that effect upon a postal card blank.
The certificates of death returned to the
secretary of state shall be permanently
preserved, bound and indexed by him;
the statistical data therein contained shall
be compiled and published in the annual
registration report, and monthly bulletins
shall be issued showing the mortality of
the state in detail, the prevalence of im-
portant causes of death, and such other
information as shall be of public interest
and sanitary value. The registrar shall
also send a transcript monthly to the
clerk of his county containing a record of
all of the deaths entered upon his register
during the preceding calendar month for
entry upon the county record of deaths.
All certificates of death, local registers or
county records authorized under this act
or certified copies thereof shall be prima
facie evidence in all courts and for all
purposes of the facts recorded therein.
Sec. 840-(5). Registrars of deaths
shall receive twenty-five cents for the
proper record and return of each death
including the issue of a burial or removal
permit. The secretary of state shall cer-
tify to each registrar annually the number
of properly executed certificates of deaths
received from him for the preceding cal-
endar year which certified statements
shall be received by the treasurer of the
county in which the registration district
i's situated, and payment made by him in
206
MISCELLANEOUS STATUTES. [DEATH REGISTRAT'N..
accordance with the rate fixed in this sec-
tion: Provided, that the secretary of
state shall not include in the number of
certificates certified for payment any im-
perfect certificates or those not transmit-
ted promptly as required by section four
of this act: Provided further, that the
registrars of cities having a population of
ten thousand inhabitants or more by the
last United States or state census, shall
receive no compensation other than their
salaries for the duties required by this
act.
Sec. 841-(6). Any official failing or re-
fusing to perform his duty under this act,
or any undertaker violating any of its
provisions, shall, upon conviction thereof,
be deemed guilty of a misdemeanor, and
shall be punished by a fine of not less
than five dollars and not exceeding one
hundred dollars, or be imprisoned in the
county jail not exceeding thirty days, or
suffer both fine and imprisonment at the
discretion of the court. Local registrars
shall see that the provisions of this act
are enforced in their jurisdictions; the
secretary of state shall be charged with
the general execution of the law and shall
have supervisory power over registrars,
to the end that this act shall be uniformly
and effectually executed throughout the
state. Prosecuting attorneys shall, upon
the request of a local registrar or of the
secretary of state, assist in the enforce-
ment of the provisions of this act.
Sec. 842-(7). All of that part of act
number one hundred and ninety-four of
eighteen hundred and sixty-seven, as
amended by act number one hundred and
twenty-five of eighteen sixty-nine, relat-
ing to the collection and return of deaths.
and inconsistent with this act, is hereby
repealed: Provided, that the returns of
deaths for the calendar year eighteen hun-
dred and ninety-seven shall be duly col-
lected and compiled under the provisions.
of said act; Provided further, that it
shall be the duty of the local boards of
health to see that the provisions of this.
act are enforced: Provided further, that
in sparsely settled townships, having an
average density of population of less than
five (5) persons per square mile at the
time of the last preceding United States
or state census, the returns of deaths shall
continue to be made under said former
act, and the provisions of this act shall go
into operation when the aforesaid density
of population has been reached.
REGISTRATION OF PHYSICIANS.
Sec. 843. Act No. 167, laws of 1883, re-
quires all who are to be legally-qualified.
practitioners of medicine, surgery or mid-
wifery to file with the clerk of the county
in which they propose to practice, a sworn
statement relative to the opportunites they
have had for gaining a knowledge of their
profession. The act makes it the duty of
the health officer and the supervisor in
each township, village, city, and ward to
enforce this law. As amended by Act
268, laws of 1887, the law. requires super-
visors annually to collect and record with
the clerk of the township, city, or village,
the facts relative to all physicians prac-
ticing within their jurisdiction, and re-
quires the clerk to make report to the sec-
retary of the state board of health.
THE COMPULSORY EDUCATION OF CHILDREN,
AND PUNISHMENT OF TRUANCY.
Act No. 95, approved April 26, 1895.
Sec. 844-(1). (As amended 1897.) Ev-
ery parent, guardian or other person in
the state of Michigan having control and
-charge of any child or children between
the ages of eight and sixteen years and in
cities between the ages of seven and six-
teen years, shall be required to send such
child or children to the public school for
a period of at least four months in each
school year, except that in cities having a
duly constituted police force, the attend-
ance at school shall not be limited to four
months beginning on the first Monday of
the first term commencing in his or her
district after September first of each year.
And such attendance, in cities, shall be
consecutive until each and every pupil
between the ages of seven and sixteen
years shall have attended school the entire
school year previous to the thirtieth day
of June in each school year: Provided,
if it be shown that any such child or chil-
dren are being taught in a private school
In such branches as are usually taught in
the public schools, or have already ac-
quired the ordinary branches of learning™
taught in public schools, or if the person
"TRUANCY.]
207
MISCELLANEOUS STATUTES.
or persons in parental relation to such
child or children present a written state-
ment that such child or children is or are
physically unable to attend school, the
truant officer or district board may em-
ploy a reputable physician to examine
such child or children, and if such phy-
sician shall certify that such child or chil-
dren is or are physically unable to attend
school, such child or children shall be ex-
empt from the provisions of this act. Pro-
vided further, that the school boards in
cities may on the recommendation of the
superintendent of schools and of the tru-
ant officer, exempt children over fourteen
years of age from attendance at school for
either a part or for the whole of the time
until they shall severally reach the age of
sixteen years, for any reason that said
boards may deem sufficient: And further
provided, that in case a public school shall
not be taught for four months during the
time herein specified, within two miles by
the nearest traveled road, of the residence
of any such child or children, such child
or children shall not be liable to the pro-
visions of this act.
Sec. 845-(2). The district board or
board of education in each school district
in the state which has been organized as
a graded school district, or as a township
district according to the laws of the state,
shall, at its first meeting, after this law
goes into effect, and previous to the tenth
day of September of each year, appoint
a truant officer for the term of one year
from and after the first Monday of Sep-
tember of each year. In townships whose
districts have been organized under the
primary school law, the chairman of the
township board of school inspectors shall
be the truant officer and shall perform all
the duties of truant officer, as provided
for in this act, so far as the provisions of
this law applies to the territory over
which he has Jurisdiction: Provided,
that in cities having a duly organized po-
lice force, it shall be the duty of the police
authority, at the request of the school
authorities, to detail one or more members
of said force to perform the duties of tru-
ant officer. The compensation of the tru-
ant officer shall be fixed in graded school
districts by the board which appoints, and
in townships by the township board and
in no case shall such compensation be less
than one dollar and fifty cents per day for
time actually employed under direction of
the school board in performance of his of-
ficial duties. The compensation of truant
officers shall be allowed and paid in the
same manner as incidental expenses are
paid by such boards.
Sec. 846-(2). It shall be the duty of
the truant officer to investigate all cases
of truancy or non-attendance at school
and render all service within his power
to compel children to attend school and
when informed of continued non-attend-
ance by any teacher or resident of the
school district he shall immediately notify
the persons having control of such chil-
dren that, on the following Monday. such
children shall present themselves with the
necessary text books for instruction in the
proper school or schools of the district.
The notice shall inform said parent or
guardian that attendance at school must
be consecutive at least eight half days of
each week until the end of that term, ex-
cept in cities having a duly constituted
police force, attendance in school shall be
continuous. In case any parent, guardian
or other person shall fail to comply with
the provisions of this act, he shall be
deemed guilty of a misdemeanor and shall,
on conviction, be liable to a fine of not
less than five dollars, nor more than fifty
dollars, or by imprisonment in the county
or city jail for not less than two nor more
than ninety days, or by both such fine
and imprisonment in the discretion of the
court.
Sec. 847-(4). In all city school districts
in this state having a school census of
five hundred or more pupils, the school
board or officers having in charge the
schools of such district may establish one
or more ungraded schools for the instruc-
tion of certain children, as defined and set
forth in the following section. They may,
through their truant officer and superin-
tendent of schools, require such children
to attend said ungraded schools, or any
department of their graded schools, as
said board of education may direct.
Sec. 848-(5). The following classes of
persons between the ages of eight and
fourteen years, and in cities between the
ages of seven and sixteen years, shall be
deemed juvenile disorderly persons, and
shall, in the judgment of the proper school
authorities, be assigned to the ungraded
school or schools as provided in section
four of this act: Class one, habitual tru-
ants from any school in which they are
enrolled as pupils; class two, children
who, while attending any school, are in-
corrigibly turbulent, disobedient or insub-
ordinate, or are vicious or immoral in con-
duct; class three, children who are not
attending any school and who habitually
frequent streets and other public places,
having no lawful business, employment or
occupation.
Sec. 849-(6). It shall be the duty of
the truant officer, in case of a violation of
this law, within one week after having
208
[TRUANCY.
MISCELLANEOUS STATUTES.
given the notice to the parent or guar-
dians as specified in section three, to
make a complaint against said parent,
guardian or other person having the legal
charge and control of such child, before
a justice of the peace in the city, village
or township where the party resides, ex-
cept in cities having recorder's or police
court, for such refusal or neglect; and
said justice of the peace, police judge, or
recorder's court shall issue a warrant up-
on said complaint and shall proceed to
hear and determine the same, and upon
conviction thereof said parent, guardian
or other person, as the case may be, shall
be punished according to provisions of
section three of this act. It shall be the
duty of all school officers, superintendents
or teachers, to render such assistance and
furnish such information as they have at
their command, to aid said truant officer
in the fulfillment of his official duties.
Sec. 850--(7). When, in the judgment
of school boards of primary and township
school districts or the superintendent of
city schools and the truant officer, it be-
comes certain that all legal means have
been exhausted in their attempts to com-
pel the attendance at school of a juvenile
disorderly person, the truant officer shall,
in case the person in parental relation to
the child neglects or refuses to do so,
make a complaint against such juvenile
disorderly person before a court of com-
petent jurisdiction that said child is a
juvenile disorderly person as described in
section five of this act. The justice of the
peace or court shall issue a warrant and
proceed to hear such complaint; and if
said justice of the peace or court shall de-
termine that said child is a juvenile dis-
orderly person within the meaning of this.
act, then said justice of the peace or court
* shall thereupon, and after consultation
with the county agent of corrections and
charities, sentence such child, if a boy, to
the Industrial School for Boys at Lansing
for a term not extending beyond the time
when said child shall arrive at the age of
seventeen years unless sooner discharged
by the board of control of said Industrial
School for Boys; or, if a girl, to the In-
dustrial Home for Girls at Adrian, for a
term not extending beyond the time when
said child shall arrive at the age of sev-
enteen years, unless sooner discharged by
the board of control of said Industrial
Home for Girls: Provided, however,
that such sentence shall, in case of the
first offense, be suspended.
AN ACT TO PREVENT CRIME AND PUNISH
Act No. 222, laws of 1887.
TRUANCY.
Sec. 851-(1). (As amended 1897.) That
every boy between the age of ten and six-
teen years, or any girl between the age of
ten and seventeen years, who shall fre-
quent or be found lounging about saloons,
disreputable places, houses of ill fame, or
who shall be an inmate or resident or a
member of a family who [reside] resides
in any house of ill fame, or conduct any
other disreputable place, or who shall fre-
quent other rooms or places where disso-
lute and disreputable people congregate,
or where intoxicating liquors are kept for
sale, or who shall, against the command
of his or her parents or guardian, run
away or willfully absent himself or her-
self from the school he or she is attending,
or from any house, office, shop, firm or
other place where he or she is residing or
legitimately employed with labor, or who
shall against such command of his or her
parents or guardian or for any immoral,
disorderly or dishonest purposes be found
lounging upon public streets, highways
or other public resorts or at places of
amusement of dissolute or improper char-
acter, or who shall against any such
command or for any [such] disorderly or
dishonest purposes attend any public
dance, skating rink, or show shall be-
deemed guilty as a truant or disorderly
child.
Sec. 852-(2). (As amended 1897.) Upon
the complaint upon oath and in writing
made before any justice of the peace,
police justice, or other criminal magis-
trate by the parent or guardian or other
person knowing of the facts of his own
knowledge, that an girl between the age
of ten and seventeen years, or that any
boy between the age of ten and sixteen
years, or by the supervisors of any town-
ship, or mayor of any city, or president
.of any village, and in any city of over
eight thousand population by the chief of
police, mayor or other person knowing of
the facts of his own knowledge that such
minor has been guilty of any of the acts
specified in section one of this act, such
justice or other criminal magistrate shall
issue a warrant for the arrest of such
IMPOUNDING
209
MISCELLANEOUS STATUTES.
M
OF ANIMALS.
minor, and upon conviction such minor,
if a boy, may be sentenced by such jus-
tice or criminal magistrate to the Indus-
trial School for Boys at Lansing, and if
a girl, to the Industrial Home for Girls
at Adrian, boys until eighteen years of
age, and girls until twenty-one years of
age, unless sooner discharged according
to law: Provided, that no person or per-
sons shall be sent to said Industrial
School for Boys or to the Industrial Home
for girls until the sentence therein has
been submitted to and approved by one
[of] the judges of the recorder's court of
the city of Detroit, or judge of the su-
perior court of the city of Grand Rapids,
county in
proceedings
or any circuit judge of the
which such conviction shall be had.
Sec. 853-(3). The same
shall be had upon the trial of any person
charged with being guilty of any of the
effenses mentioned in section one of this
act before the justice before whom such
person is brought as are had in trials for
misdemeanor, as far as the same are ap-
plicable, and the state agent for the care
of juvenile offenders of the county where-
in such offenders may be on trial shall
have authority and take the same action
in the premises as is provided by act
number one hundred and seventy-one of
the session laws of eighteen hundred and
seventy-three of this state.
IMPOUNDING OF ANIMALS.
Act No. 248, laws of 1897.
Secs. 3068-
3079, Howell's statutes.
Sec. 854-(1). It shall not be lawful for
any cattle, horses, mules, sheep, swine,
or goats to run at large in any public
street, lane, alley, park, place, or high-
way in any city or village within this
state having a population of seven thou-
sand or more inhabitants; and it shall be
the duty of every commissioner of high-
ways, pound-master, marshal, deputy
marshal, policeman, and constable of any
such city or village to seize and take into
his possession as herein provided, and
keep until disposed of according to law,
any animal so found running at large:
Provided, the city of Ludington be ex-
empt from the operations of this act.
Sec. 855-(2). It is hereby made the
duty of the common council or board of
trustees of every such city or village to
provide one or more suitable and con-
venient pound or pounds, and to appoint
one or more pound-masters who shall
have charge thereof, and such pound-
master or other person having charge of
such pound shall receive and keep there-
in any animal mentioned in the first sec-
tion of this act, that may have been or
may be found running at large contrary
to said section upon the request of any
person. And it shall be lawful for any
person to seize and take into custody and
retain till disposed of as required by law,
any animal mentioned in said first section
of this act, which may be trespassing up-
on premises owned or occupied by such
person, or such animal may be driven to
and kept in said pound as herein provided,
and any inhabitant of any such city or
village may take into custody till dis-
posed of as required by law, any anímal
found running at large contrary to said
first section of this act, if at the time
there shall not be kept and maintained
within such city or village a suitable
pound within a distance of not more than
two miles from the place where such ani-
mal may be found, or if there shall not be
a pound-master in charge thereof, who
shall receive and keep the same as herein
provided.
Sec. 856—(3). Whenever any such of-
ficer or person shall seize and take into
his possession any animal under the pre-
ceding sections, such animal shall be re-
ceived and kept in such pound, if there
shall be one, and if not the same may be
kept by any such officer or person in any
other suitable place, and if such animal
shall not be claimed and the fees herein-
after provided for paid within two days
thereafter, said pound-master or other
person in charge of said pound, if such
animal shall have been received at such
pound, and if not, then the person by
whom such animal was seized or taken
into custody, shall make immediate com-
plaint in writing, stating the name of the
owner of such animal, if known to him,
and the facts, to the recorder or to any
justice of the peace of any such city or
village, and such recorder or justice shall
thereupon have jurisdiction to hear and
determine such matter, and shall there-
upon proceed in the same manner as in
civil action, except as especially changed
in this act, and shall forthwith issue a
summons under his hand, directed to the
owner if he shall have been named in said
complaint, and stating the fact that such
seizure has been made, and requiring the
210
IMPOUNDING
OF ANIMALS.
MISCELLANEOUS STATUTES.
[IM
owner of such animal, or any party hav-
ing an interest in the same, to show cause
before such recorder or justice, at a time
and place to be specified in such sum-
mons, why such animal should not be
sold and the proceeds applied as directed
by this act, and such time shall no be
less than six nor more than twelve days
from the issuing of said summons. The
said summons may be served by any
marshal, deputy marshal, or constable of
said city or village, or by any elector
thereof authorized so to do by the said
recorder or justice, in writing thereon.
Such service shall be made by delivering
a copy thereof to the owner, if named in
said summons, and if he can be found in
said city or village six days before the
return day thereof; and if the owner shall
not be named in said summons, or if he
cannot be found, then said summons shall
be served by posting copies thereof in at
least three public and conspicuous places
in said city or village, at least five days
before the return day thereof, and one of
said places shall be in the office of the
recorder or clerk of such city or village,
At the time and place appointed for the
return of said summons, the officer or
person by whom such complaint was
made shall appear, and any party or
persons owning or having an interest in
said animal shall be allowed by said re-
corder or justice of the peace to appear
in said proceeding, and on his filing with
said recorder or justice an answer under
oath, subscribed by him or by his agent,
denying any or all of the facts in said com-
plaint, an issue shall be deemed joined in
the said proceeding, and the subsequent
proceedings shall be as in civil actions so
far as they can be except as otherwise
provided in this act, and it is hereby
made the duty of the city or village attor-
ney of all cities and villages included
within this act to appear and conduct all
proceedings under this act on behalf of
the person making such complaint. If no
one shall appear to show cause and the
said summons shall be returned duly
served, or if the jury, or recorder or jus-
tice shall find after a trial that no suffi-
cient cause is shown why such sale should
not be made, as directed by this act, then
said recorder or justice shall issue his
warrant under his hand, directed to any
marshal, deputy marshal or constable of
the said city or village, commanding him
to sell the sald animal at public auction
for the best price he can obtain therefor,
and make return thereof to the said re-
corder or justice at a time and place
therein specified, not less than ten nor
more than twenty days thereafter. The
said sale shall be on the like notice as on
constable's sale on civil process, and the
said sheriff, deputy sheriff or constable
shall make return as required by the said
warrant, and pay the proceeds of said
sale to said recorder or justice. The said
recorder or justice shall thereupon ad-
judge the costs of said proceedings, the
same amounts being allowed as in civil
actions, and in addition he shall allow to
the officer or person making such seizure,
for every horse, mule or colt, one dollar;
for every cow, calf or other cattle, each
fifty cents, and for every goat, sheep or
swine, twenty-five cents, together with
the actual damages sustained by such
person by reason of the trespass or break-
ing of such animal into his premises, and
compensation to such person or officer for
the care and keeping of such animals
from the time of the seizure thereof to the
sale at the rate specified in the next sec-
tion of this act, and the said recorder or
justice shall be allowed the sum of one
dollar for each animal so sold, and the
marshal, deputy marshal or constable, the
same fees as for service of a summons
and execution in civil actions. If, after
paying the sums aforesaid, there shall be
any surplus of the proceeds of said sale,
the said recorder or justice shall pay the
same to the owner or person establishing
before him, on the return of such sum-
mons, or at such other time as he shall
appoint, the right to the same.
If no per-
son shall claim said surplus within one
year after such seizure, the said recorder
or justice shall pay the same to the treas-
urer of such city or village for the benefit
of the contingent fund. If such owner or
person interested shall not appear and
demand such surplus within said year,
he shall be forever precluded from recov-
ering any part of such moneys, and the
receipt of the treasurer of said city or vil-
lage, given at any time after the expira-
tion of said year, shall be a full discharge
to said recorder or justice for the same.
Sec. 857--(4). The owner of any ani-
mal which shall have been seized or im-
pounded under and pursuant to the fore-
going provisions may at any time before
the making of the complaint hereinbefore
provided for, demand and shall be en-
titled to the possession of such animal
upon the payment to the poundmaster or
the person in charge of such pound, if
such animal shall have been impounded,
and if not, then upon payment to the per-
son or officer who shall have seized or
taken such animals into his possession,
the fees provided for in the preceding sec-
tions for the seizure of such animal; and
if such animal shall have been impound-
IMPOUNDING
211
MISCELLANEOUS STATUTES.
OF ANIMALS.,
as
ed, the farther fee of fifty cents for ev-
ery horse, mule, colt, cow, calf, or other
cattle, and twenty-five cents for every
goat, sheep or swine, which said fee shall
belong to such pound-master or person
in charge of such pound, and the farther
sum of one dollar per day as compensa-
tion for keeping every such horse, mule
or colt, and seventy-five cents per day
for every cow, calf or other cattle, and
fifty cents per day for every goat, sheep
or swine for each day since and includ-
ing the day such animal was seized, im-
pounded or taken into possession
aforesaid. At any time after the making
of said complaint and before the sale of
said animal, the owner thereof may make
demand and claim for such animal before
the recorder or justice before whom said
proceedings shall have been commenced;
and upon making satisfactory proof of
ownership of said animal before said re-
corder or justice, and upon paying to him
the fees and compensation for keeping
such animal hereinbefore in this section
provided for, and [all] other fees and ex-
penses that shall have accrued up to the
time of making such demand and proof,
he shall be entitled to the custody and
possession of such animal. And the said
recorder or justice shall fix and determine
the amount of the fees, expenses and
compensation in accordance with the pro-
visions of this act, and shall pay the
same to the officer or person entitled
thereto.
Sec. 858-(5). In case the animal so
seized under the foregoing provisions of
this act shall have been so running at
large by the wilfull act of any other per-
son than the owner, such person shall be
liable to the owner in a penalty not less
than twenty-five dollars and not more
than one hundred dollars, which penalty
may be recovered by such owner for his
benefit in an action on the case in any
court of competent jurisdiction.
Sec. 859-(6). An appeal may be taken
by either party who shall have appeared
and contested in said proceeding before
such recorder or justice to the circuit
court for the county, and all the laws re-
lating to appeals from judgments of jus-
tices' courts and the jurisdiction, powers,
and duties of circuit courts, to hear and
determine such appeals, and the proceed-
ings therein shall be applicable to ap-
peals under this act, so far as the same
can be applied and are consistent with
this act. But such appeal can only be
taken from the finding or determination
that cause exists or does not exist for the
sale aforesaid; and such appeal when
made by the [a] claimant shall not be
effectual for any purpose unless the bond
required on appeals to the circuit court
contains a clause that in case the finding
or determination shall be affirmed, the
claimant will pay all such sums as the
court shall determine and adjudge for the
costs, penalties and allowances so as
aforesaid, and after the approval by the
recorder or justice of such bond, said
recorder or justice shall forthwith direct
the sale not to be had, and shall order the
said animal to be delivered to the appel-
lant, if it shall appear to him that said ap-
pellant is the owner, or is entitled to the
possession thereof.
Sec. 860-(7). The pound-master or oth-
er person in charge of said pound shall
purchase all necessary supplies for the
sustenance of all animals impounded, and
all animals impounded or seized under
this act shall be supplied with suitable
food and drink for their sustenance; and
such pound-master or other person in
charge of the pound shall keep a record
in a book kept for that purpose and
which shall at all reasonable times be
open for public inspection, of the time
when each animal was received into such
pound, and the time when discharged
therefrom, and of the name of the person
to whom the same was delivered, and al-
so a record of all moneys paid to him.
Sec. 861-(8). The provisions of this
act shall not be construed to deprive the
party claiming the ownership of said
property from bringing his action in re-
plevin for the recovery of the same in
case the same has been unlawfully seized.
Sec. 862-(9). (Added
(Added 1881, act 196.)
If any person shall rescue any animal
mentioned in this act, when impounded,
or while being driven or taken to the
pound or other place of custody by any
officer or person in charge of such ani-
mals, or while such animals are shut up
by and in the custody of any person for
trespassing upon premises, or for unlaw-
fully running at large under this act, he
shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be pun-
ished by fine not more than fifty dollars
nor less than ten dollars, with costs of
prosecution, or by imprisonment in the
county jail not exceeding thirty days, or
by both such fine and imprisonment in the
discretion of the court.
Sec. 863-(10). (Added 1881. Ib.) If
any person shall take any animal not run-
ning at large contrary to law from the
stable, pasture, or any enclosure or other
place where such animals are lawfully
and rightfully kept, or may be, or drive,
or let them out, or untie, or unloose the
same, or shall knowingly seize or take the
212
IMPOUNDING
MISCELLANEOUS STATUTES.
OF ANIMALS,
same from the custody of any person
driving or taking the same on the public
highway or streets to or from a pasture
or to or from any other place where the
same may be lawfully taken or driven,
for the purpose of impounding such ani-
mals contrary to law, he shall be deemed
guilty of a misdemeanor, and upon con-
viction thereof shall be punished by fine
of not more than ten dollars nor less than
five dollars, with costs of prosecution, or
by imprisonment in the county jail not
exceeding ten days, or by both such fine
and imprisonment in the discretion of the
court.
Sec. 864-(11). (Added 1881. Ib.) The
distraining and impounding of animals
under this act shall be governed by cap-
ter two hundred and fourteen of the com-
piled laws of eighteen hundred and sev-
enty-one, for "Distraining and replevying
beasts," except as otherwise provided in
this act. (Secs. 8355-8376, Howell's stat-
utes).
Sec. 865-(12). (Added 1881. Ib.) In
all criminal matters under this act, it
shall be the duty of the city attorney to
appear before the magistrate entering
[entertaining] the complaint and act as
counsel on behalf of the people of this
state, and in case of his absence, neglect,
or refusal to so act on request of the
magistrate, any attorney at law, un re-
1
quest of such magistrate, may act as such.
counsel for the people.
VICIOUS DOGS.
Sec 3 of Act No. 161, 'laws of 1850, being
Sec. 2120 of Howell's statutes.
Sec. 866—(3). The owner or keeper of
any dog which has been chasing, worry-
ing, wounding or killing any sheep, lamb,
swine or cattle (not the property of such
owner or keeper), out of his enclosure,
or which has assaulted or bitten any per-
son while peaceably walking or riding out
of the enclosure of the owner or keeper,
shall, within forty-eight hours after hav-
ing received notice thereof in writing,
cause such dog to be killed. For every
neglect so to do he shall forfeit the sum of
three dollars, and the further sum of one
dollar and fifty cents for every forty-
eight hours thereafter, until such dog
shall be killed, unless it shall satisfactor-
ily appear to the court before which a
suit shall be brought for the recovery of
said penalty, that it was not in the power
of such owner or keeper to kill such dog.
But no recovery shall be had, unless it
shall satisfactorily appear that such dog
has done the mischief of which such
owner or keeper has had notice as afore-
said.
THE LAW OF THE ROAD, AND THE REGULATION
OF PUBLIC CARRIAGES.
Chapter 30, Secs. 1456-1461, Howell's stat-
utes.
Sec. 867-(1456). (1). Whenever any per-
sons shall meet each other on any bridge or
road, traveling with carriages, wagons,
carts, sleds, sleighs, or other vehicles,
each person shall seasonably drive his
carriage or other vehicle to the right of
the middle of the traveled part of such
bridge or road, so that the respective car-
riages, or other vehicles aforesaid, may
pass each other without interference.
Sec. 868-(1457). (2). Every person offend-
ing against the provisions of the preced-
ing section shall, for each offense, forfeit
a sum not exceeding twenty dollars, and
shall also be liable to the party injured
for all damages sustained by reason of
such offense: Provided, that proceedings
shall be commenced for the recovery of
such forfeiture within three months after
the offense shall have been committed,
and any action for such damages shall be
commenced within one year after the
cause of action shall have accrued.
Sec. 869-(1458). (3). No person owning,
or having the direction or control of any
coach, or other carriage or vehicle, run-
ning or traveling upon any road in this
state, for the conveyance of passengers,
shall employ, or continue in employment,
any person to drive such coach, carriage,
or other vehicle, who is addicted to
drunkenness, or to the excessive use of
intoxicating liquors; and if any such per-
son shall violate the provisions of this
section, he shall forfeit at the rate of five
dollars per day for all the time during
which he shall have kept such driver in
such employment.
Sec.870―(1459). (4). If any driver, whilst
actually employed in driving such coach,
LAW OF THE ROAD.]
213
MISCELLANEOUS STATUTES.
carriage, or vehicle, shall be guilty of in-
toxication, it shall be the duty of the
owner or person having the charge or
control of such coach, carriage, or other
vehicle, on receiving written notice of the
fact, signed by any passenger who wit-
nessed the same, and certified by him un-
der oath, forthwith to discharge such
driver from such employment; and ev-
ery person who .shall retain or have in
such service within six months after the
receipt of such notice, any driver who
shall have been so intoxicated, shall for-
feit at the rate of five dollars per day for
all the time during which he shall keep
any such driver in such employment af-
ter receiving such notice.
Sec. 871-(1460). (5). No person driving
any carriage or vehicle for the conveyance
of passengers for hire upon any road or
highway in this state, with or without
passengers therein, shall run his horses,
or cause or permit them to run,
upon any occasion, or for any
purpose whatever; and every per-
son who shall offend against the pro-
visions of this section, shall be deemed
guilty of a misdemeanor, and on convic-
tion thereof, shall be punished by a fine
not exceeding one hundred dollars, or by
imprisonment in the county jail not ex-
ceeding thirty days, or both, at the dis-
cretion of the court.
Sec. 872-(1461). (6). It shall not be
lawful for the driver of any carriage used
for the conveyance of passengers for hire,
to leave the horses attached thereto, while
any passenger remains in or upon the
same, without making such horses fast
with a sufficient halter, rope, or chain, or
without some suitable person to take the
charge and guidance of them, so as to
prevent their running; and if any such
driver shall violate the provisions of this
section, he shall forfeit a sum not exceed-
ing twenty dollars; but no prosecution
shall be commenced therefor after the ex-
piration of three months from the time of
committing the offense.
Sec. 873-(1462). (7). The owners of
every carriage running or traveling upon
any turnpike road or public highway, for
the conveyance of passengers for hire,
shall be liable, jointly and severally, to
the party injured, in all cases, for all in-
juries and damage done by any person in
the employment of such owners as a
driver, while driving such carriage, to
any person, or to the property of any per-
son, whether the act occasioning such in-
jury or damage be willful, negligent, or
otherwise, in the same manner as such
driver would be liable.
USE OF BELLS ON TEAMS AND
SLEIGHS IN THE UPPER PEN-
INSULA.
Act No. 19, laws of 1885.
Sec. 874-(1). If any person or persons
shall drive or cause to be driven, faster
than on a walk, on any public highway
or private road used by the public in this
state, or on any street of an incorporated
city or village therein, any sleigh or cut-
ter or other vehicle used as a substitute
for either, drawn by horses or mules, or
by a horse or mule, during the season of
sleighing without having bells on at least
one of the animals so used, or without
having bells attached to such sleigh, cut-
ter, or other vehicle so drawn, in such a
manner as to warn foot travelers of its
approach, he or they shall, on conviction
thereof, be fined in a sum not exceeding
twenty-five dollars, or in default of pay-
ment of said fine shall be imprisoned in
the county jail for a period not exceeding
ten days, in the discretion of the court
before whom the conviction is had: Pro-
vided, that the provisions of this act shall
apply to the upper peninsula alone.
PUBLIC PEACE AND MORALITY.
CARRYING OF CONCEALED WEAP-
ONS.
Act No. 129, laws of 1887. Howell's stat-
utes Sec. 9113a.
Sec. 875-(1). That it shall be unlawful
for any person, except officers of the
peace and night-watches legitimately em-
ployed as such, to go armed with a dirk,
dagger, sword, pistol, air-gun, stiletto,
metallic knuckes, pocket-billie, sand-bag,
skull-cracker, slung-shot, razor, or other
offensive and dangerous weapon or in-
strument concealed upon his person.
AN ACT TO PROMOTE MORALITY
AND TO PREVENT CRIME.
Act No. 209, laws of 1885. Howell's stat-
utes 9314f-9314h.
Sec. 876—(1). (Amended 1889.) It shall
be unlawful for any person to post, place,
or display on any sign-board, bill-board,
fence, building, sidewalk or other object,
or in any street, road or other public
place, any sign, picture, painting, or oth-
er representation of murder, assassina-
tion, stabbing, fighting, or of any personal
violence, or of the commission of any
214
[PUBLIC PEACE.
·
MISCELLANEOUS STATUTES.
crime, or any representation of the hu-
man form in an attitude or dress which
would be indecent in the case of a living
person, if such person so appeared in
any public street, square or highway.
Sec. 877—(2). That it shall be unlawful
for any person or persons, for any pur-
pose whatever, to take or convey to, or
to employ, receive, detain or suffer to re-
main in any house of prostitution, house
of ill-fame, bawdy-house, house of assig-
nation, or in any house or place for the
resort of prostitutes or other disorderly
persons, any female of the age of seven-
teen years or under.
HOUSES OF ILL FAME, ETC.
Howell's statutes 9286.
Sec. 878. Every person who shall keep
a house of ill-fame, resorted to for the
purpose of prostitution or lewdness, and
every person who shall solicit, or in any
manner induce a female to enter such
house for the purpose of becoming a pros-
titute, or shall by force, fraud, deceit, or
in any like manner procure a female to
enter such house for the purpose of pros-
titution, or of becoming a prostitute, shall
be deemed guilty of a felony, and upon
conviction thereof shall be punished by
imprisonment in the state prison not more
than five years, or in the county jail not
more than one year, or by fine not ex-
ceeding one thousand dollars, or by both
such fine and imprisonment, in the dis-
cretion of the court.
AN ACT TO PUNISH DRUNK AND
INTOXICATED PERSONS.
Act No. 4, laws of 1887. Howell's stat-
utes 93141.
Sec. 879-(1). Any person who shall be
drunk or intoxicated in any hotel, tavern,
inn or place of public business, or in any
railway car, or street car, or in any
street, alley, lane, highway, or railway,
or other public place, or in any public as-
semblage of people, shall, on conviction
thereof before any court of competent
jurisdiction, be punished' by a fine not
exceeding twenty dollars and the costs
of prosecution, or by imprisonment in the
common jail of the county not exceeding
thirty days, or both such fine and impris-
onment in the discretion of the court.
DISORDERLY PERSONS.
Act No. 264, laws of 1889. Howell's stat-
utes 1997a.
Sec. 880-(1). All persons who run
threaten to run away, and
away, or
leave their wives or children a burden
on the public; all persons who, being of
sufficient ability, refuse or neglect to
support their families, or who leave their
wives or children a burden on the public;
all persons pretending to tell fortunes, or
with whom lost or stolen goods are found;
all common prostitutes; all keepers of
bawdy houses, or houses for the resort of
prostitutes; all drunkards, tipplers, game-
sters; all persons knowingly selling or
giving intoxicating liquors to drunkards
and tipplers or other disorderly persons,
or who do, for the most part, support
themselves by gaming; all jugglers, com-
mon showmen, and mountebanks, who
exhibit or perform for profit any puppet
show, wire or rope dancing, or other idle
show, acts or feats; all persons who keep
in any highway, or in other public place,
any gaming table, wheel of fortune, box,
machine, instrument or device for the
purpose of gaming; all persons who go
about with such table, wheel of fortune,
box, machine, instrument or device, ex-
hibiting tricks or gaming therewith; all
persons who play in the public streets or
highways with cards, dice, or any instru-
ment or device for gaming, and all va-
grants, shall be deemed disorderly per-
sons: Provided, that in cases under this
act triable by a justice of the peace, the
person complained of shall be entitled to
a jury trial, as provided in cases of mis-
demeanor cognizable by justices of the
peace.
FURNISHING TOBACCO TO MINORS.
Act No. 77, laws of 1889. Howell's stat-
utes 9122cd.
Sec. 881-(1). It shall not be lawful
for any person by himself, his clerk or
agent, to sell, give or furnish any cigar,
cigarette, cheroot, chewing or smoking
tobacco, or tobacco in any form whatsoever.
to any minor under seventeen years of
age, unless upon the written order of the
parent or guardian of said minor.
Sec. 882-(2). Any person who shall
willfully violate any of the provisions of
this act shall be deemed guilty of a mis-
demeanor, and, upon conviction thereof,
shall be punished by a fine of not less
than five dollars nor more than fifty dol-
lars, or by imprisonment in the county
jail for a term of not less than ten days
nor more than thirty days, or by both
such fine and imprisonment in the discre-
tion of the court.
IMPROPER LANGUAGE IN THE
PRESENCE OF WOMEN ÓR
CHILDREN.
Act No. 219, public acts of 1897.
Sec. 883-(1). It shall be unlawful for
any person or persons to use any inde-
cent, immoral, obscene, vulgar or insult-
SUNDAY
215
MISCELLANEOUS STATUTES.
OBSERVANCE.
ing language in the presence or hearing
of any woman or child within the limits
of any township, village or city in the
state of Michigan.
Sec. 884-(2). Any person who shall
violate any of the provisions of this act
shall, upon conviction thereof, be pun-
ished by a fine of not more than one hun-
dred dollars or imprisonment in the
county jail not exceeding ninety days,
and in case of the non-payment of such
fine when imposed, the court trying the
same may make a further sentence that
the offender be imprisoned in the county
jail for a definite period not exceeding
ninety days unless said fine shall be soon-
er paid.
SUNDAY OBSERVANCE, GAMING, BETTING.
Provisions of Chapter 54, Howell's stat-
utes. Secs. 2015, etc.
Sec. 885-(2015). (1). LABOR, BUSI-
NESS, SHOWS AND SPORTS. No per-
son shall keep open his shop, warehouse,
or workhouse, or shall do any manner of
labor, business, or work, or be present at
any dancing, or at any public diversion,
show, or entertainment, or take part in
any sport, game, or play on the first day
of the week. The foregoing provisions
shall not apply to works of necessity and
charity, nor to the making of mutual
promises of marriage, nor to the solemni-
zation of marriages. And every person
so offending shall be punished by fine not
exceeding ten dollars for each offense.
Sec. 886-(2016). (2). TAVERN KEEP-
ERS, ETC. No tavern keeper, retailer of
spirituous liquors, or other person keep-
ing a house of public entertainment, shall
entertain any persons, not being travelers,
strangers, or lodgers in his house, on the
said first day of the week, or shall suffer
any such person on said day to abide or
remain in his house, or in the buildings,
yards, or orchards or fields appertaining
to the same, drinking, or spending their
time idly, or at play, or in doing any sec-
ular business.
Sec. 887-(2018). (4). PRESENCE AT
GAMES AND SPORTS. No person
shall be present at any game, sport, play,
or public diversion, or resort to any pub-
lic assembly, excepting meetings for re-
ligious worship or moral instruction, or
concerts of sacred music, upon the even-
ing of the said first day of the week; and .
every person so offending shall be pun-
ished by a fine not exceeding five dollars
for each offense.
Sec. 888-(2019). (5). SERVICE OF
PROCESS. No person shall serve or ex-
ecute any civil process from midnight
preceding to midnight following the said
first day of the week; but such service
shall be void, and the person serving or
executing such process shall be liable in
damages to the party aggrieved, in like
manner as if he had not had any such
process.
Sec. 889-(2020). (6). DISTURBANCE
OF WORSHIP. If any person shall on
the first day of the week, by rude and in-
decent behavior, or in any other way, in-
tentionally interrupt or disturb any as-
sembly of people met for the purpose of
worshiping God, he shall be punished by
a fine not less than two nor more than
fifty dollars, or by imprisonment in the
county jail not exceeding thirty days.
Sec. 890-2021). (7). WHO NOT LI-
ABLE. No person who conscientiously
believes that the seventh day of the week
ought to be observed as the Sabbath, and
actually refrains from secular business
and labor on that day, shall be liable to
the penalties provided in this chapter, for
performing secular business or labor on
the said first day of the week, provided
he disturb no other person.
Sec. 891-(2022). (8). DAY DEFINED.
For the purposes of the provisions of this
chapter, the said first day of the week
shall be understood to include all the time
between the midnight preceding and the
midnight following the said day; and no
prosecution for any fine or penalty in-
curred under any of the preceding pro-
visions of this chapter, shall be com-
menced after the expiration of three
months from the time when the offense
shall have been committed.
Sec. 892-(2023. (9). GAMING AND
BETTING. If any person by playing
at cards, dice, or any other game, or by
betting or putting up money on cards, or
by any other means or device in the na-
ture of betting on cards, or betting of any
kind, shall win or obtain any sum of
money, or any goods, or any article of
value whatever, such person shall be
deemed guilty of a misdemeanor, and on
conviction, if the money, goods or arti-
cles so won or obtained be of less value
than twenty-five dollars, shall be pun-
216
SUNDAY
MISCELLANEOUS STATUTES.
OBSERVANCE.
ished by imprisonment in the county jail
not exceeding three months, or by a fine
not exceeding one hundred dollars, or by
both such fine and imprisonment, at the
discretion of the court; and if the money,
goods, or articles so won or obtained be
of the value of twenty-five dollars or ov-
er, such person shall, on conviction, be
punished by imprisonment for a period
not exceeding one year, or by a fine not
exceeding five hundred dollars, or by
both such fine and imprisonment, in the
discretion of the court; and any person
that shall lose any sum of money, or any
goods or articles of value, by playing or
betting on cards, or by any other device
in the nature of such playing and betting,
and shall pay or deliver the same or any
part thereof to the winner, the person so
paying or delivering the same may sue
for and recover such money in an action
for money had and received, to the use of
the plaintiff; and such goods or other
articles of value in an action of replevin,
or the value thereof in an action of trov-
er, or in a special action on the case.
Sec. 893 (2028). (12). PENALTY
FOR BETTING. Every person who
shall win or lose, at any time or sitting,
by gaming, or betting on the hands or
sides of such as are gaming, any money
or goods to the value of five dollars or
more, whether the same be paid over or
delivered, or not, shall forfeit and pay
three times the value of such money or
goods: Provided, that a prosecution shall
be commenced therefor within six months
after the committing of the offense.
Sec. 894-(2029). (15). GAMBLING
ROOMS, ETC. Any person who shall for
hire, gain, or reward keep or maintain a
gaming room, or a gaming table, or any
game of skill or chance, or partly of skill
and partly of chance, used for gaming, or
who shall knowingly suffer a gaming
room, or gaming table, or any such game
to be kept, maintained or played on any
premises occupied or controlled by him,
shall be deemed guilty of a misdemeanor,
and upon conviction thereof, be punished
by fine not exceeding five hundred dol-
lars, or imprisonment not exceeding six
months, or both, in the discretion of the
court; and any person aiding, assisting,
or abetting in the keeping or maintaining
of any such gaming room, gaming table,
or game shall be deemed guilty of a mis-
demeanor, and upon conviction thereof,
shall be punished by fine not exceeding
five hundred dollars, or imprisonment not
exceeding three months, or both, in the
discretion of the court.
Sec. 895-(16). NINE-PIN ALLEYS.
If any person shall keep, or knowingly
suffer to be kept, in any house, building,
yard, garden, or dependency thereof, or
in any field by him owned or occupied,
any nine-pin alley, or any alley to be
used in the playing of nine-pins, or any
other like game, whether to be played
with one or more balls, or with nine or
any other number of pins, for hire, gain,
or reward, or shall. for hire, gain, or re-
ward, suffer any person to resort to the
same for the purpose of playing at any
such game, every such person so offend-
ing shall, for every such offence, forfeit
a sum not exceeding fifty dollars, and
shall further recognize for his good be-
haviour, in like manner as is required of
a person convicted of any offence men-
tioned in the preceding section.
Sec. 896-(17). UNLAWFUL GAMES.
If any person shall play at billiards,
cards, dice, nine-pins, or any other un-
lawful game, at any such table or alley
kept or used as mentioned in the two last
preceding sections, or shall play at cards
or dice, at any place within this state, he
shall forfeit a sum not less than two dol-
lars nor more than one hundred dollars
for each offence.
Sec. 897--(18). SEARCH WARRANTS.
If any person shall make oath before any
justice of the peace that he suspects, or
has probable cause to suspect, that any
house or other building is unlawfully
used as and for a common gaming house,
for the purpose of gaming for money or
other property, and that idle and disso-
lute persons resort to the same for that
purpose, such justice, whether the name
of the persons last mentioned are known
to the complainant or not, shall issue a
warrant, conimanding the sheriff or any
constable to enter into such house or
building, and there to arrest all persons
who shall be there found playing for
money, or otherwise, and also the keep-
ers of the same, and to take into their
custody all the implements of gaming
there found, and to bring the said per-
sons and implements before such justice,.
to be dealt with according to law.
LIQUOR LAW.]
217
MISCELLANEOUS STATUTES.
PENAL PROVISIONS OF THE LIQUOR LAW.
Act No. 313, public acts of 1887. 3 How-
ell's statutes, 2283c6, etc.
Sec. 898-(3). DRUGGISTS The pen-
al provisions of this act shall not apply to
druggists who sell liquors for chemical,
scientific, medicinal, mechanical, or sac-
remental purposes only, and in strict
compliance with law. It shall not be law-
ful for any druggist, nor for any person
whose business consists in whole or in
part of the sale of drugs and medicines,
directly or indirectly, by himself, his
clerk, agent or servant, at any time, to
sell, furnish, give or deliver, any spirit-
uous, malt, brewed, fermented, or vin-
ous liquor, or any mixed liquor, a part of
which is spirituous, malt, brewed, fer-
mented or vinous, to a minor, except for
medicinal or mechanical purposes, on the
written order of the parent or guardian
of such minor, nor to any adult person
whatever, who is at the time intoxicated,
nor to any person in the habit of getting
intoxicated, nor to any Indian, or any
person of Indian descent, nor to any per-
son when forbidden in writing so to do by
husband, wife, parent, child, guardian, or
employer of such person, or by the super-
visor of the township, or mayor, or di-
rector of the poor, or any supervisor or
alderman of the city, or president or trus-
tee of any village or superintendent of
the poor of the county in which such per-
son shall reside or temporarily remain,
nor to any other person to be used as a
beverage, nor to any person to be drank
on the premises, nor to be mixed and
drank with any beverage drawn from a
soda-fountain or other apparatus or de-
vice for dispensing aerated or other bev-
erages.
*
*
*
}
Whenever any druggist shall violate
any of the provisions of this section he
shall, on conviction thereof, be deemed
guilty of a misdemeanor, and be punished
by a fine of not less than one hundred nor
more than five hundred dollars and costs
of prosecution, or imprisonment in the
county jail not less than ninety days nor
more than one year, or both such fine and
imprisonment, in the discretion of the
court: *
* Provided, that every
drug clerk shall be responsible for violat-
ing the provisions of this act, for his per-
sonal act or violation and be subject to
the same penalties as proprietors or em-
ployers.
Sec. 899-(6).
CEIPT.
NOTICE AND RE-
Before commencing
or doing any business for the time for
which such tax is paid, and the receipt
is given, the said notice and receipt (to
be furnished by the county treasurer)
shall be posted up and at all times dis-
played in a conspicuous place in the room
or place where the sale of the liquors or
in
beverages named this act, and for
which the tax was paid, is carried on, so
that such receipt and notice shall be dis-
played in a conspicuous manner to all
persons visiting or frequenting such room
or place.
Sec. 900-(7). VIOLATIONS AND
PUNISHMENT. If any person or per-
sons shall engage or be engaged in any
business requiring the payment of a tax
under section one of this act without
having paid in full the tax required by
this act, and without having the receipt
and notice for such tax posted up as re-
quired by this act, or without having
made, executed and delivered the bond
required by this act, or shall in any man-
ner violate any of the provisions of this
act, such person or persons shall be
deemed guilty of a misdemeanor, and,
upon conviction thereof, if there is no
specific penalty provided therefor by this
act, shall be punished by a fine of not
more than two hundred dolars and costs
of prosecution, or by imprisonment in the
county jail not less than ten days nor
more than ninety days, or both such fine
and imprisonment, in the discretion of the
court. And in case such fine and costs
shall not have been paid at the time such
imprisonment expires the person serving
out such sentence shall be further de-
tained in jail until such fine and costs
shall have been fully paid: Provided,
that in no case shall the whole term of
imprisonment exceed six months.
Each violation of any of the provisions
of this act shall be construed to constitute
a separate and complete offense, and for
each violation on the same day, or on dif-
ferent days, the person or persons offend-
ing shall be liable to the penalties and
forfeitures herein provided.
*
* *
*
Sec. 901. NEW BOND REQUIRED.
Sec. 8 provides for the giving and ap-
proval of a bond by each liquor dealer,
and provides that "the principal shall not
be allowed to sell spirtuous, malt, brewed,
fermented, vinous liquors in any other
building or place than that specified in
said bond, without giving notice and ex-
ecuting another bond in the manner above
218
[LIQUOR LAW
MISCELLANEOUS STATUTES.
prescribed. A new bond shall be re-
quired by the county treasurer with
whom such bond was originally, in case
of the death, insolvency, or removal of
either of the sureties.
Sec. 902-(10). DUTY OF OFFICERS.
It shall be the duty of every county
treasurer, sheriff, deputy sheriff, police
officer or other person having notice or
knowledge of any violation of the pro-
visions of this act, to immediately notify
the prosecuting attorney of the county
thereof, and it shall be the duty of such
prosecuting attorney when complaint on
oath is made forthwith to prosecute every
person violating any of the provisions of
this act, and for each and every violation
thereof.
Sec. 903-(13). SALES TO MINORS,
DRUNKARDS, ETC. It shall not be
lawful for any person, except a druggist,
who shall be governed by section two of
this act, to sell, furnish, or give any
spirituous, malt, brewed, fermented, or
vinous liquors, or any beverage, liquor,
spirituous,
or
liquids containing any
malt, brewed, fermented, or vinous liquor
to any minor, to any intoxicated person,
nor to any person in the habit of getting
intoxicated, nor to any Indian, nor any
person of Indian descent, nor to any per-
son when forbidden in writing so to do
by the husband. wife, parent, child, guar-
dian or employer of such person, or by
the supervisor of the township, mayor, or
director of the poor, or the superintendent
of the poor of the county where such per-
son shall reside or temporarily remain.
The fact of selling, giving, or furnishing
any liquid in any place where intoxicat-
ing liquors are sold, or kept for sale, to
any minor, or to any intoxicated person,
or to any person in the habit of getting
intoxicated, or to any Indian, or person of
Indian descent, or to any person when
forbidden in writing so to do by the hus-
band, wife, parent, child, guardian, or
employer of such person, or by the super-
visor of the township, mayor, or director
of the poor, or superintendent of the poor
of the county where such person shall re-
side or temporarily remain, shall be pri-
ma facie evidence of an intent, on the part
of the person selling, giving, or furnishing
such liquid, to violate the law.
Sec. 904-(14). STUDENTS AND MI-
NORS GAMING. It shall not be lawful
for any person by himself, his clerk or
agent, to permit any student in attend-
ance at any public or private institution
of learning in this state, or any minor, to
play at cards, dice, billiards or any game
of chance, in any part of any building,
in which spirituous liquors or intoxicating
1
drinks are sold; nor shall it be lawful for
any person, by himself, his clerk or
agent, to sell or give to any student in at-
tendance at any public or private insti-
tution of learning in this state, any spirit-
uous or intoxicating drinks, except when
prescribed by a regular physician for
medicinal purposes; and any person who
shall offend against either of the forego-
ing provisions of this section shall be
deemed to have been guilty of a misde-
meanor, and on conviction thereof shall
be punished as provided in section seven
of this act.
Sec. 905—(15). MINORS IN SALOONS.
It shall not be lawful for any person to
allow any minor to visit or remain in any
room where such liquors are sold, or kept
for sale unless accompanied by his or
her father or other legal guardian.
HALLS,
Sec. 905-(16). CONCERT
ETC. It shall not be lawful for any per-
son to sell, offer to sell, furnish, give or
have in his possession any of the liquors
mentioned in this act in any concert hall,
variety show, theater, or other place of
amusement, nor in any room in any
building opening into where any such
variety show, theater, or
other place of amusement may be.
concert hall,
Sec. 907-(17). WHEN SALOONS TO
BE CLOSED. All saloons, restaurants,
bars, in taverns or elsewhere, and all oth-
er places, except drug stores, where any
of the liquors mentioned in this act are
sold, or kept for sale, either at wholesale
or retail, shall be closed on the first day
of the week, commonly called Sunday, on
all election days, on all legal holidays,
and until seven o'clock of the following
morning, and on each week-day night
from and after the hour of nine o'clock
until seven o'clock of the morning of the
succeeding day. The word "closed" in
this section shall be construed to apply to
the back door or other entrance as well
as to the front door. And in prosecutions
under this section it shall not be neces-
sary to prove that any liquor was sold:
Provided, that in all cities and incorpo-
rated villages the common council or
board of trustees, or council, may, by or-
dinance, allow the saloons and other
places where said liquors shall be sold
to open at six o'clock in the forenoon and
to remain open not later than eleven
o'clock in the afternoon and no longer of
any week-day night, except on election
days and holidays.
Sec. 908-(19). DISCLOSURES BY
PERSONS FOUND INTOXICATED.
Whenever complaint shall be made by
any person, on oath, before any justice of
the peace in any county, or other officer
LIQUOR LAW.]
219
MISCELLANEOUS STATUTES.
or magistrate having jurisdiction, that
any person is found intoxicated, or has
been intoxicated in any hotel, store, pub-
lic building, street, alley, highway, or
other public place, it shall be the duty of
such justice, municipal or police court to
issue a subpoena to compel the attendance
of such person so found intoxicated, or
who has been intoxicated, as aforesaid,
to appear before the justice or court is-
suing the same, to testify in regard to
the person or persons of whom, and the
time when, and the place where, and the
manner in which the liquor producing his
intoxication was procured; and if such
person, when subpoenaed, shall neglect
or refuse to obey such writ, the said jus-
tice or court who issued the same shall
have the same power and authority to
compel the attendance of the person so
subpoenaed and to enforce obedience to
such writ as in other civil cases. When-
ever the person so subpoenaed shall ap-
pear before the justice, municipal or po-
lice court, to testify as aforesaid, he shall
be required to answer, on oath, the fol-
lowing questions, to-wit: When, where
and of whom did you procure, obtain, or
receive the liquor or beverage, the drink-
ing or using of which has contributed to
the cause of the intoxication mentioned
in the complaint? And if such person
shall refuse to answer fully and fairly
such questions, on oath, he shall be pun-
ished and dealt with in the same manner
as for a contempt of court as in other
cases. If it shall appear from the testi-
mony of such person that any of the of-
fenses specified in this act have been
committed such justice or court before
whom such testimony is given shall make
a true record of the same and cause it to
be subscribed by such witness; and the
said testimony or answers, when sub-
scribed as aforesaid, shall be deemed and
taken to be sufficient complaint to au-
thorize the issuing of a warrant to arrest
any person or persons who may appear
from said complaint to be guilty of hav-
ing violated any of the provisions of this
act. Any person arrested on a warrant
issued pursuant to the provisions of this
section shall be brought before the jus-
tice or court issuing the same, and all
subsequent proceedings in such suit or
prosecution shall be governed by and
subject to the provisions of this act and
the rules of law applicable thereto: Pro-
vided, that the person so testifying under
the provisions of this section shall not be
held or prosecuted for the intoxication
concerning which such testimony shall
be given: And provided further, that
nothing herein contained shall be so con-
•
strued as to prevent prosecuting persons
for becoming drunk or intoxicated when
the testimony of said person is not sought
under the provisions of this section.
Sec. 909-(22). DUTY OF MARSHAL.
It shall be the duty of village and city
marshals, and, in cities having no mar-
shal, of the chief of police, or some sub-
ordinate appointed by such chief, to visit,
at least once in each week, all places
within their respective jurisdictions where
any of said liquors are sold or kept, to
learn if any of the provisions of this act
have been or are being violated; and
whenever any of the officers above men-
tioned shall learn of a violation of any
of the provisions of this act, it shall be his
duty to enter complaint before some jus-
tice of the peace of the proper township
or city, or police justice, as the case may
be, and to do whatever shall be necessary
to bring the offender to justice.
Sec. 910-(24). WHO LIABLE FOR
VIOLATIONS. All persons engaged in
the business of selling or keeping for sale
any of the liquors mentioned in this act,
whether as owner or as clerk, agent or
servant or employe, shall be equally lia-
ble as principals for any violation of any
of the provisions of this act, and any per-
son or principal shall be liable for the
acts of his clerk, servant, agent or em-
ploye for any violation of the provisions
of this act.
Sec. 911-(25). ADULTERATION OF
LIQUORS. If any person shall adulter-
ate any spirituous or alcoholic liquors
used or intended for drink by mixing the
same in the manufacture or preparation
thereof, or by process of rectifying, or
otherwise, with any deleterious drug, sub-
stance, or liquid, which is poisonous or
injurious to health, except as hereinafter
provided, or if any person shall sell, or
offer to sell, any wine, or spirituous, or
alcoholic liquors, or shall import into this
state any wine or spirituous or intoxicat-
ing liquors, and sell or offer for sale such
liquors, knowing the same to be adulter-
ated, or shall sell or offer to sell any spir-
ituous or intoxicating liquors from any
barrel, cask or other vessel containing the
same, and not branded as hereinafter
provided, he shall be deemed guilty of a
misdemeanor, and upon conviction there-
of shall be punished by a fine not ex-
ceeding five hundred dollars, nor less
than fifty dollars, and shall be imprisoned
in the county jail of the county nor more
than six months nor less than ten days.
Sec. 912-(26). BRANDING OF BAR-
RELS, ETC. It shall be the duty of ev-
ery person or persons engaged in the
manufacture and sale of malt, spirituous
220
LIQUOR LAW.
MISCELLANEOUS STATUTES.
CRIMES AND PUNISHMENT.
or alcoholic liquors, or in rectifying or
preparing the same in any way, to brand
on each barrel, cask, or other vessel con-
taining the same, the name or names of
the person, company, or firm manufac-
turing, rectifying, or preparing the same,
and also these words, "Pure, and without
drugs or poison."
Sec. 913-(27). SALES PROHIBITED.
No person shall sell at wholesale or retail
any ale, rum, wine, or other malt or spir-
ituous liquors from any barrel, cask, or
vessel unless the same shall have been
branded and marked as aforesaid.
Sec. 914-(28). DRUGGED OR POI-
SONED LIQUOR. If any berrel, cask
or vessel containing any drugged or poi-
soned liquor shall be found in the pos-
session of any wholesale or retail dealer in
liquors, or in the possession of any person
holding himself out as such a dealer, it
shall be deemed prima facie evidence of
the violation of the provisions of this act.
Sec. 915—(29). DRUGGED AND
ADULTERATED LIQUOR. Any per-
son who shall put into any barrel, cask
or other vessel, branded or marked as re-
quired by this act, any liquors drugged
or adulterated as aforesaid, or who shall
sell or offer for sale any such liquors, for
the purpose and with the intent of de-
ceiving any person in the sale thereof, or
shall violate any of the provisions of sec-
tions twenty-six, twenty-seven, or twen-
ty-eight of this act shall be deemed guilty
of a misdemeanor, and upon conviction
thereof shall be punished as provided in
section twenty-five of this act.
AND
Sec. 916—(31). CURTAINS
SCREENS TO BE REMOVED. During
the time when by the provisions of this
act places where liquor is sold or kept
for sale must be closed, all curtains,
screens, partitions and other things that
obstruct the view from the sidewalk,
street, alley or road in front of or at the
3
side or end of said building, of the bar
or place in said room where said liquors
are sold or kept for sale, shall be re-
moved. Any person who shall violate
any of the provisions of this section, shall,
upon conviction thereof, be punished as
provided in section seven of this act.
FEMALES AS BARKEEPERS, ETC.
Act No. 170, laws of 1897.
Sec. 917-(1). No person shall employ
any girl or woman as barkeeper, or to
serve liquors, or to furnish music, or for
dancing in any saloon, or barroom where
spirituous or intoxicating liquors, or malt,
brewed or fermented liquors are sold or
kept for sale.
Sec. 918-(2). No girl or woman shall
be employed to tend bar, serve liquors, to
dance or furnish music in any saloon or
barroom where spirituous or intoxicating
liquors, or malt. brewed or fermented
liquors are sold or kept for sale.
Sec. 919-(3). No keeper or proprietor
of a saloon where spirituous or intoxicat-
ing liquors or malt, brewed or fermented
liquors are sold or kept for sale shall per-
mit any girl or woman to tend bar, serve
liquors, dance or furnish music for hire
in his saloon or barroom: Provided, that
this act shall not be so construed as to
prevent the wife or other females who are
bona fide members of the family of a
proprietor of a saloon from tending bar
or serving liquors in his saloon.
Sec. 920-(4). Any person who shall
violate any of the provisions of this act
shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be pun-
ished by a fine not to exceed fifty dollars
and costs of prosecution, or by imprison-
ment in the county jail for a term not to
exceed thirty days, or by both such fine
and imprisonment, in the discretion of the
court.
CRIMES AND THE PUNISHMENT THEREOF.
Title XXXIX Howell's statutes.
Sec. 921. Duties are required of local
police officers in the enforcement of var-
ious provisions of the above title, and
particularly the following chapters:
Chapter 317. Offenses against the lives
and persons of individuals.
Chapter 318. Offenses against property.
Chapter 319. Forgery and counterfeit-
ing.
Chapter 320. Offenses against public
justice.
Chapter 321. Offenses against the pub-
lic peace.
Chapter 322.
Offenses against chastity,
morality, and decency.
Chapter 323. Offenses against the pub-
lic health.
Chapter 324. Offenses against public
policy.
Chapter 325.
laws.
Offenses against election
Chapter 326. The racing of animals.
Chapter 327. The prevention of cruelty
to animals.
་
THE SAFE KEEPING
221
MISCELLANEOUS STATUTES.
OF PUBLIC MONEYS._
THE SAFE KEEPING OF PUBLIC MONEYS.
Act No. 131, laws of 1875. Secs. 423-430,
Howell's statutes.
Sec. 922-(1). All moneys which shall
come into the hands of any officer of the
state, or of any officer of any county, or
of any township, school district, highway
district, city or village, or of any other
municipal or public corporation within
this state, pursuant to any provision of
law authorizing such officer to receive the
same, shall be denominated public mon-
eys within the meaning of this act.
Sec. 923-(2). It shall be the duty of
every officer charged with the receiving,
keeping, or disbursing of public moneys
to keep the same separate and apart from
his own money, and he shall not commin-
gle the same with his own money, nor
with the money of any other person, firm,
or corporation.
Sec. 924-(3). No such officer shall,
under any pretext, use, nor allow to be
used, any such moneys for any purpose
other than in accordance with the pro-
visions of law; nor shall he use the same
for his own private use, nor loan the same
to any person, firm, or corporation with-
out legal authority so to do.
Sec. 925-(4). In all cases where public
moneys are authorized to be deposited in
any bank, or to be loaned to any individ-
ual, firm, or corporation, for interest, the
interest accruing upon such public mon-
eys shall belong to and constitute a gen-
eral fund of the state, county, or other
public or municipal corporation, as the
case may be.
Sec. 926—(5). In no case shall any such
officer, directly or indirectly, receive any
pecuniary or valuable consideration as an
inducement for the deposit of any public
moneys with any particular bank, person,
firm or corporation.
Sec. 927-(6). The provisions of this
act shall apply to all deputies of such of-
ficer or officers, and to all clerks, agents,
and servants of such officer or officers.
Sec. 928—(7). Any person guilty of a
violation of any of the provisions of this
act shall, on conviction thereof, be pun-
ished by a fine not exceeding one thou-
sand dollars, or imprisonment in the
county jail not exceeding six months, or
both such fine and imprisonment in the
discretion of the court: Provided, that
nothing in this act contained shall prevent
a prosecution under the general statute
for embezzlement in cases where the
facts warrant a prosecution under such
general statute.
Sec. 929 (8). Any officer who shall
willfully or corruptly draw or issue any
warrant, order, or certificate for the pay-
ment of money in excess of the amount
authorized by law, or for a purpose not
authorized by law, shall be deemed guilty
of a misdemeanor, and may be punished
as provided in the preceding section.
LOOSING HORSES, TEAMS AND BOATS.
Sec. 930.
HORSES AND TEAMS.
(Act 97, laws of 1885.) Every person
who shall willfully and maliciously, or
wantonly, and without authority unhitch
any horse or team belonging to another,
and lawfully hitched or standing in any
street, alley, or other place, or who in
like manner shall ride or drive such horse
or team away shall be deemed guilty of a
misdemeanor, and on conviction thereof
shall be punished by a fine not exceeding
one hundred dollars or by imprisonment
not exceeding ninety days, or both, in the
discretion of the court.
Sec. 931. BOATS. (Howell's statutes,
9199.) Any person or persons who shall
willfully remove any boat or boats from
their fastenings moored upon any lake,
river, or stream in this state, without the
consent of the owner, or who shall mali-
ciously loose any boat or boats fastened
by lock, chains, or other fastening, to the
bank or shore of any lake, river, or
stream, and suffer the same to float away
without the consent of the owner or per-
son having in charge said boat or boats,
or who shall rent or hire any such boat
or boats, and shall without any cause
leave such boat or boats, and abandon the
same without giving the owner or owners,
or person having charge thereof, notice of
such abandonment, shall be deemed guilty
of a nisdemeanor, and upon conviction
thereof, shall be punished by a fine not
less than ten dollars or more than one
hundred dollars, or by imprisonment in
the county jail not exceeding three
months, or by both such fine and im-
prisonment in the discretion of the court.
222
PARLIAMENTARY PRACTICE.
PARLIAMENTARY PRACTICE.
SEC. 932.--Table of Rules Relating to Motions.
EXPLANATION OF THE TABLE.-An x shows that
the rule heading the column in which it stands applies
to the motion opposite to which it is placed; a cipher
shows that the rule does not apply; a figure shows
that the rule only partially applies, the figure refer-
ring to the note showing the limitations; that it is
"undebatable" and "cannot be amended;" and that an
affirmative vote on it (as shown in note 5) "cannot be
reconsidered;"--the other four columns containing
ciphers show that this motion does not "open the
main question to debate:" that it does not "require a
two-thirds vote;" that it does "require to be seconded;"
and that it is not "in order when another member
has the floor".
Adjourn
Adjourn, Fix the time to which to.
Amend [3]..
Amend an Amendment..
Amend the Rules...
•
Appeal, relating to indecorum, etc. [4]
Appeal, all other cases.
Call to Order....
Close Debate, motion to..
Commit...
Extend the limits of Debate, motion to.
Fix the time to which to Adjourn
•
•
Leave to Continue Speaking after Indecorum.
Lie on the Table.
Limit Debate, motion to....
Objection to Consideration of a Question [6].
Orders of the Day, motion for the.
Postpone to a Certain Time..
Postpone Indefinitely.
Previous Question [8]
• •
•
Priority of Business, questions relating to.
Privilege, questions of...
Reading Papers..
• •
•
Undebatable.
Opens Main Question to Debate.
Cannot be Amended.
Requires a Two-Thirds Vote.-See Note 1.
Cannot be Reconsidered.
In Order When Another Has the Floor.
Does Not Require to be Seconded.
x0 x
X000
2000000
0
0000
00
000
00
x 0
X
00
00
0x00
X 0 0 x
x000 x
X
X 00 X X
00 x00
0x00000
x00000
200000 0
x 0
x 0 x 5
0000
0
x000x00
X
x0 X X X
X
00 X X
7000
010
0 x x0
00
X x0 X 00
x000000
00000 x0
x0 x10101010
PARLIAMENTARY PRACTICE.
223
PRECEDENCE OF MOTIONS.
When a question is pending, no motion is in order
but
1. To fix the time to which to adjourn.
2.
To adjourn [when unqualified].
3. To take a recess.
4.
For the orders of the day.
5.
To lay on the table.
6.
For the previous question.
7.
To postpone to a certain time.
8. To commit.
9. To amend.
10. To postpone indefinitely.
Which motions take precedence in the order in
which they stand arranged. When a recess is taken
during the pendency of any question, the considera-
tion of such question is resumed upon reassembling,
unless otherwise ordered.
Recess, Motion for.
Reconsider a Debatable Question.
Reconsider an Undebatable Question.
Refer (same as Commit)
Rise (in Committee equals Adjourn)
Shall the Question be Discussed? [6]
Special Order, to make a..
Substitute (same as Amend).
Suspend Rules.
Take from the Table..
•
•
Take up a Question out of its Proper Order.
Withdrawal of a Motion...
NOTES.
Undebatable.
Opens Main Question to Debate.
Requires a Two-Thirds Vote-See Note 1.
In Order When Another Has the Floor.
Does not Require to be Seconded.
Cannot be Reconsidered.
Cannot be Amended.
009
09
X00000
X
X
Χ
000000
X
X
X
0
X 0
X
00
010 x0
X X
000
X
00
00
00
X
X 00
0
5000
X 0
x0 X 0
•
X
0
x00 0
(1). Every Motion in this column has the effect of suspending some rule or
established right of deliberative assemblies and therefore requires a two-thirds
vote, unless a special rule to the contrary is adopted.
(2). Undebatable if made when another question is before the assembly.
(3). An Amendment may be either (1) by "adding" or (2) by "striking out"
words or paragraphs; or (3) by "striking out certain words and inserting others;" or (4)
by "substituting" a different motion on the same subject; or (5) by “dividing the ques-
tion" into two or more questions, as specified by the mover, so as to get a separate
vote on any particular point or points.
(4). An Appeal is undebatable only when relating to indecorum, or to trans-
gressions of the rule of speaking, or to the priority of business, or when made
while the previous question is pending. When debatable, only one speech from
each member is permitted. On a tie vote the decision of the chair is sustained.
(5). An affirmative vote on this motion cannot be reconsidered.
(6). The objection can only be made when the question is first introduced for
debate.
(7). Allows of but limited debate upon the propriety of the postponement.
(8). The previous question, if adopted, cuts off debate and brings the assembly
to a vote on the pending question only, except where the pending motion is an
amendment or a motion to commit, when it also applies to the question to be
amended or committed.
(9). Can be moved and entered on the record when another has the floor, but
cannot interrupt business then before the assembly; must be made on the day the
original vote was taken and by one who voted with the prevailing side.
224
FEES OF OFFICERS IN
MISCELLANEOUS STATUTES.
CRIMINAL CASES.
FEES OF OFFICERS IN CRIMINAL CASES.
Secs. 9053 and 9054, Howell's statutes.
Sec. 933-(2). (As amended 1897.)
JUSTICES OF THE PEACE.
For a
complant on oath, twenty-five cents; a
warrant, twenty-five cents; for entering
any cause upon the docket, twenty-five
cents; a bond or recognizance, twenty-
five cents; for approving the same, ten
cents; a subpoena (not exceeding four in
any one case), ten cents; for certifying
cause to other magistrates of court, fif-
teen cents; for commitment or mittimus,
twenty-five cents; for an adjournment,
fifteen cents; for certificate of conviction
to file with the clerk, twenty-five cents;
for making and filing return on appeal, or
where a party is bound over to the circuit
court, or any other court having concur-
rent jurisdiction, one dollar; for notifying
county agent for the care of juvenile of-
fenders of the pendency of the case
against any juvenile offender,
offender, twenty-
five cents; for each arraignment and re-
ceiving a plea of guilty, in case such plea
is entered, one dollar and fifty cents; for
each arraignment where the plea of not
guilty is entered, or where examination
is waived or demanded, one dollar and
fifty cents.
For holding examinations including the
taking of testimony and swearing of wit-
nesses, and for the trial of any cause
which shall include the swearing of all
witnesses, the constable and jury, if one
be called, also the judgment and record
of any exceptions or motions made during
the trial, three dollars per day for each
day and one dollar and fifty cents for
each one-half day while actually engaged
in such examination or trial, or while en-
gaged in hearing any motion, relative to
such trial or examination, or final dispo-
sition of any pause, but such per diem
shall not be allowed until such examina-
tion or trial shall have been actually be-
gun, and no justices of the peace shall re-
ceive any other fees or compensation for
any services rendered in any criminal
case than such as are hereinbefore pro-
vided.
Sec. 934-(3). CONSTABLES. For
serving a warrant or other process for the
arrest of any person, issued by any mag-
istrate or court, fifty cents; for traveling
to make such service, going only,
only, ten
cents per mile, and where an arrest has
been made, ten cents per mile return
travel from the place of arrest to the
place of return; for taking a prisoner to
jail or to the house of correction, ten
cents per mile, going only; for serving a
mittimus, fifteen cents; serving a sub-
poena, fifteen cents for each witness, and
eight cents per mile for the distance act-
ually and necessarily traveled in going
to make such service; for summoning a
jury, seventy-five cents; for attending the
same, fifty cents; for attending any court
by order of the magistrate or officer be-
fore whom a trial or examination is being
held, when not in charge of a jury, one
dollar per day for each day, and fifty
cents for each half day so actually at-
tending. The board of supervisors of
each county may allow such further com-
pensation for the services of process and
the expenses and trouble attending the
same as they shall deem reasonable. For
other services in criminal cases, for
which no compensation is especially pro-
vided by law, such sum as the board of
supervisors shall allow.
PENALTIES.] ORDINANCES OF THE CITY OF MARQUETTE.
225
NUMBER 39.
AN ORDINANCE DEFINING OFFENSES, PRESCRIBING
PENALTIES AND PROVIDING FOR THE EMPLOY-
MENT OF OFFENDERS.
ADOPTED APRIL 25, 1898.
The City of Marquette ordains:
ful authority
§ 935-SEO. 1. When the doing, causing, directing, inciting, without law-
aiding or permitting to be done of any act without lawful defined.
authority is prohibited or made punishable by any ordinance,
rule or regulation of the city; the doing, causing, directing,
inciting, aiding or permitting to be done of any such act shall
be punishable when not done by authority of law or by express
authority of the owner or the person, officer or municipal body
having the lawful custody, management or control of the prop-
erty or premises in or in respect to which such act is done.
936-SEC. 2. Every person convicted of the doing, caus- Punishment
ing, directing, inciting, aiding, or permitting to be done by not otherwise
their direction or consent of any act, or of any use or occupation prescribed.
of any place, property, person or thing, which by any ordinance,
by-law or regulation of the city is prohibited or declared to be
unlawful; and every person convicted of any willful neglect or
failure to do or perform any act or duty the performance of
which is required by any ordinance, by-law or regulation of the
city, shall, in case the punishment therefor is not otherwise
prescribed by ordinance, be punished by a fine of not less than
one dollar nor more than thirty dollars, or by imprisonment in
the city lock-up or county jail for a term not to exceed forty
days, or by both such fine and imprisonment, in the discretion
of the court.
Offenders to
be committed
§ 937-SEC. 3. In all cases where any fine is imposed on any
person for the violation of any ordinance, rule or regulation
passed or made by the common council, the court shall commit
the offender to the city lock-up or county jail until such fine and
the costs of prosecution are paid or until discharged in accord-
ance with law; and such person shall be so confined and may be
employed at work and labor by order of the mayor, as provided Employment
in the next section of this ordinance; Provided, That the court authorized.
may in its discretion suspend the execution of any such sentence
not exceeding ten days.
of prisoners
ployment of
§ 938-SEC. 4. Any person confined in any jail, work-house, Mayor may
or prison for the non-payment of any fine, penalty, forfeiture or order cm-
costs, or for any offense under the charter of the city or any offenders.
ordinance of the common council, and termed "offender" herein
shall, when required by written order of the mayor, perform all
such work and labor within such place of confinement or upon
any street or public work under the control of the common
226
[POLICE
ORDINANCES OF THE
be in custody
council for not exceeding twelve (12) hours per day; which
work and labor shall be performed under and while such offender
Offenders to is in the temporary custody of such officer or person as may be
while at work. designated by the mayor; and such officer or person so desig-
nated shall, during the hours of labor so required and while tak-
ing such offender to the place of such work and his return to
such place of confinement, have the custody of such offender,
and shall have full power and authority to require and compel
the performance by such offender in a fair and proper manner
of such work and labor; and any refusal by such offender to
labor, escape fairly and properly perform any such work and labor; and any
ance punish- escape or attempt to escape or resistance by any such offender to
such officer or person having the temporary custody of such
offender, shall be punished by imprisonment not less than ten
days and not exceeding ninety days, in the discretion of the
court; such imprisonment to commence immediately upon the
discharge or expiration of the term for which such offender was
confined at the time of such offense.
Refusal to
and resist-
able.
Credit of
labor on fine
ment.
}
§ 939 SEC. 5. Upon the certificate of the mayor or the
and imprison- Officer or person having the temporary custody of such offender
that such offender has fully, fairly and satisfactorily performed
any such work and labor, and the time thereof, such offender
shall be credited therewith at the rate of 15 cents per hour, upon
any fine and costs in default of the payment of which he may be
confined; and for each day of ten hours of such work and labor
so certified to be fairly and satisfactorily performed, the term
of imprisonment of such offender shall be reduced one day; but
in no such case shall such offender be discharged until the fine,
costs and the cost of jail keep of such offender be fully paid in
labor or otherwise, except upon the full expiration of the time
for which such offender was sentenced.
NUMBER 40.
AN ORDINANCE RELATIVE TO POLICE.
ADOPTED APRIL 25, 1898.
The City of Marquette ordains:
Appointment § 940-SEC. 1. The appointment and maintenance of a force
of regular and
reserve police of sixteen policemen is hereby authorized; six of whom shall be
appointed and known as regular police, and ten of whom shall
be appointed and known as reserve police; all of whom shall be
electors of the city and shall be appointed under and shall qual-
ify as required by an ordinance entitled, "An ordinance pro-
viding for the organization of a city police," adopted April 4,
1872, as amended, and shall be subject to all the provisions and
requirements of said ordinance, except as herein otherwise pro-
vided.
Overloaded VEHICLES.] CITY OF MARQUETTE.
227
1
duties of reg-
§ 941-SEC. 2. Each of said regular police shall at all times Powers and
have and exercise all the powers and perform all the duties of ular police.
policemen of the city under the charter, ordinances and rules
thereof.
serve police.
§ 942-SEC. 3. Each of said reserve police shall at all times Powers and
have and exercise all the powers and perform all the duties of duties of re-
policemen of the city under the charter, ordinances and rules
thereof, except as follows:
tive duty.
tion.
(a) They shall not be required to perform active police duty when on ac-
except upon direction of the mayor or the marshal, under such
circumstances and for such time as he may require; nor shall
they be required when on duty to wear police uniform.
(b) They shall receive no compensation, except for services Compensa-
actually rendered by order or authority of the mayor or mar-
shal; or while on active duty by order of the mayor or marshal;
and for such services they shall be allowed and paid at the
rate of two dollars and fifty cents per day of twelve hours; bills
therefor to be made, certified by the mayor or marshal, pre-
sented, audited and paid as other claims against the city.
marshal may
§ 943-SEC. 4. The mayor is hereby authorized to direct and Mayor and
require the performance by any of such reserve police of special call out re-
police duty; and the marshal is hereby authorized to direct and serve police.
require the performance of active duty by any of such reserve
police whenever and so long as in his judgment occasion re-
quires, subject however to modification or revocation by the
mayor or the common council; and it is hereby made the duty
in rotation.
of the marshal, so far as practicable, to employ the members of Reserves to
such reserve police in rotation, to the end that they may each in be employed
succession render an equal amount of active service and acquire
experience therein.
lice to be ap-
944-SEC. 5. Hereafter all vacancies in such regular police Regular po-
shall be filled and appointments thereto shall be made only from pointed from
members of such reserve police; and all vacancies in such re- reserves.
serve police shall be filled by appointment thereto of electors of
the city.
NUMBER 41.
AN ORDINANCE PROHIBITING THE USE OF OVER-
LOADED VEHICLES.
ADOPTED APRIL 25, 1898.
The City of Marquette ordains:
loaded vehi-
§ 945-SEC. 1. No person shall drive, use or employ, or Use of over-
cause to be driven, used or employed upon any public highway, cles prohi-
street, avenue or alley, any truck, cart, wagon or other wheeled bited.
vehicle with a greater or heavier load thereon than seventy (70)
pounds advoirdupois for each wheel of such vehicle for each
228
Penalty.
ORDINANCES OF THE CITY OF MARQUETTE.
PARLIAMENTARY ›
PRACTICE.
quarter inch in width of tire thereof; and any person convicted
thereof shall be punished by a fine of not less than five dollars
nor to exceed one hundred dollars, or by imprisonment not ex-
ceeding ninety days, or both such fine and imprisonment in the
discretion of the court.
Rules govern-
ing council.
NUMBER 42.
AN ORDINANCE ADOPTING RULES OF PARLIAMEN-
TARY PRACTICE.
ADOPTED, APRIL 25, 1898.
The City of Marquette ordains:
§ 946-SEC. 1. That the rules of parliamentary practice
embraced in the table of rules relating to motions, precedence of
motions and the notes thereto upon pages 222 and 223 of the
volume containing the charter, ordinances, etc., of the city (now
being printed); be and they are hereby adopted for the govern-
ment of the proceedings of the common council, a copy of the
same being hereto attached.
RESOLUTION RELATIVE TO THIS VOLUME.
8947-At a meeting of the common council held on April 7,
1898, the following resolution was adopted:
Resolved, That the committee on ordinances, by-laws and
legislation are hereby authorized to include in the volume of
charter and ordinances now being prepared, the acts incorporat-
ing the several boards and public bodies of the city; such mis-
cellaneous acts and provisions of law relating to public affairs,
health, peace and good order, and laws requiring duties of local
officers; also such cuts and other matter as they shall deem
proper to print in said volume.
INDEX TO CITY CHARTER AND BOARD ACTS.
229
INDEX TO CITY CHARTER
AND BOARD ACTS.
(THE REFERENCES ARE TO SECTION NUMBERS.)
·
of officers from council, council may
impose fine
ADJOURNMENT, of causes before
justices of the peace..
SEC.
No.
SEC.
No.
ABSENCE, of mayor and president;
council to appoint member to
preside
28
•
28
•
1.22
conduct of..
•
28
ANIMALS, council to restrain and
regulate running at large.. (13th) 28
carcasses of, to be prohibited..(15th) 28
council to prohibit, restrain and li-
cense exhibitions of
ANNUAL ELECTION,
ANNUAL STATEMENT, and con-
• •
notice
(4th) 28
and
20
•
79
tents..
180
· • •
to be recorded by recorder.
APPEAL, to circuit court from jus-
180
888
•
a80
tices....
126
126
•
a80
of council, by less than majority...
ACCOUNTS, to be kept by recorder.
against city, boards, and schools to
be verified and audited and al-
lowed by controller
not binding on city or boards until
approved
38
of treasurer, to be' audited..
ACTIONS, on claims, not verified and
presented to controller, etc..... a80
for injuries on sidewalks; who lia-
ble.....
..(16th) 28, 132, 193
for violation of charter or ordi-
nances
pending, not to be affected.
•
• •
double costs against officers.
notice to property owners to defend
•
•
: 125
137
·
184
injury cases
193
ADVERTISEMENT, by controller,
for proposals, for contracts.... c80
ADVERTISEMENT, see publication.
ALDERMEN, election of....
12
6
18
•
•
20
25
28
28
members of board of registration...
terms of office...
inspectors of election
•
·
vacancies in office how filled
•
'are members of council..
may be fined for non-attendance..
when may be expelled by council... 48
to attend meetings of council..
bond on not required of city..
bond on in sidewalk injury cases... 134
notice of in sidewalk injury cases.. 135
APPOINTMENT, by mayor of offi-
cers to be confirmed by council 13
of park and cemetery commissioners 101
of fire and water commissioners.... 208
of light and power
and power
ers..
•
commission-
233-234
256
of trustees of Peter White public
library....
APPROPRIATION, of private prop-
erty for public use...
Chap. VIII, Secs. 51-77
under general law
of private property for park and
cemetery purposes
APPROPRIATIONS, by council for
expenses of city, etc..
77
107
• ·
► •
33
•
e80
when exhausted warrants not to be
drawn......
APPROVAL, by mayor, of resolu-
tions involving expenditures.... 28
by mayor, of ordinances..
ARREST, may be ordered by alder-
201
·
84
• •
to act upon committees..
84
men.
84
• •
to report official misconduct...
84
•
•
marshal to make without process
to maintain peace and good order.. 84
may order arrests
when......
85
84
when to be members of board of re-
who liable, for violations of charter
and ordinances
120
•
view
139
proceedings upon
121
..
compensation of..
178
ASSESSMENT, see special assess-
ALLEYS, and streets, council to es-
ments.
tablish boundaries
32
AMENDMENT, of ordinances, how
power of council in relation to... . . .
lien of assessments on lots...
34
34
made
203
expenses of sidewalks to be assessed 35
230
INDEX TO CITY CHARTER AND BOARD ACTS.
SEC.
No.
SEC.
No.
ASSESSMENT (continued).
BOARD OF HEALTH (continued).
to be collected by treasurer.
87
persons or property....
98
cost of work for
preservation of
public health
98
may be made for light and power
power to punish violation of rules..
general laws to govern..
BOARD OF REGISTRATION, see
99
99
• • ·
purposes..
100
registration.
ASSESSMENT, of expense of abating
compensation of members
178
nuisances..
97
BOARD OF REVIEW, who to con-
taxes.
•
ASSESSMENT OF TAXES, see
ASSESSMENT
FOR TAXES, how made by
controller
ASSESSMENT ROLL, controller to
make and deliver to board of re-
view..
review of by board of review
force, effect and validity.
stitute and powers and duties of 139
when and where to meet.
139
OF PROPERTY
BOARD OF SUPERVISORS, to audit
138
1
. • •
138
• • •
139
• W • • •
•
139
•
to be submitted to board of super-
visors
141
•
power of board of supervisors in re-
lation thereto
141
•
ASSESSOR, controller to be.
ATTORNEY, see city attorney.
AUCTIONS, council may restrain and
regulate
180
by persons under arrest.
forfeiture and suit on.
•
(3rd) 28
city
149
.
21
council to regulate ringing of bells
and crying of goods........(17th) 28
AUDITOR GENERAL, duties of in
case of void tax sales...
BALLOT BOXES, to be provided by
common council
BANK, council may
council may contract with,
for safekeeping of moneys, and
direct deposit of public moneys
with....
on appeal of sidewalk injury cases.
to circuit court
h80
+
122
122
134
• D • •
(24th) 28
•
33
41
• · •
41
·
BONDS, of city officers to be pre-
scribed by council..
of banks, to secure deposit of public
•
•
moneys
when and how may be issued.
issue of water and fire, ratified.
to be signed by mayor and recorder 42
controller to keep record of, when
issued by city, boards or school
districts
and pay expenses of punishing
offenders..
to equalize assessment roll..
not to direct taxes to be raised in
BOARDING HOUSE KEEPERS, to
report sick lodgers
BOATS AND WHARFS, licensing of
BOND, of treasurer and marshal.. 20
of controller
124
141
• •
148
•
97
...
(26th) 28
25
95
96
to establish and maintain hospitals..
to care for infected persons.
96
96
33
b80
...
BEGGING, in streets, council to pro-
hibit....
...(12th) 28
BELL RINGING, in streets, council
to regulate
BILLIARD TABLES, for gaming,
..
...(17th) 28
may be issued for light and power
purposes
how issued for park and cemetery
purposes
100
108
council to restrain
TORS, see elections and inspec-
tors of election.
BOARD OF FIRE AND WATER
COMMISSIONERS, see fire and
water commission.
BOARD OF HEALTH,
council to be......
common
to prevent introduction of disease.
•
to examine persons coming from in-
fected places
. (22d) 28
issued by fire and water commission 213
popular vote on
213
BOARD OF ELECTION INSPEC-
issue of by fire and water commis-
sion to renew old bonds.....
214
fire and water commission author-
ized to issue
232
corporated
96
of wards
to remove or destroy infected prop-
erty
how issued and recorded by author-
ity of light and power commision 247
light and power commission may
pay or renew....
BONFIRES, council may regulate or
prohibit
·
249
(7th) 28
BOUNDARIES, of city, territory in-
•
個
​• •
BREACHES OF THE PEACE, mar-
27 3
96
•
shal to suppress
85
•
to require placarding of infected,
places
BRIDGES, power of council to con-
96
struct
151
to punish violation of health ordi-
nances and rules
improvements of, at joint expense
96
to abate nuisances, etc..
to pass ordinances, etc., for preser-
vation of public health, cleanli-
ness, etc., at expense of private.
96
•
of city and property.
to be maintained by railroads.
BUILDINGS AND PROPERTY, of
city under management and
control of council
156
'160
28
INDEX TO CITY CHARTER AND BOARD ACTS.
231
SEC.
No.
BUILDINGS etc. (continued).
r
SEC.
No.
CITY (continued).
council may prescribe lines for (22d) 28
inspection and plumbing to be reg-
ulated by council
BURIAL PERMITS,
(30th 28
controller to
countersign....
80
BY-LAWS, see ordinances.
to pay monthly for light and power
for streets and buildings..
grant of Presque Isle park..
CITY ATTORNEY, appointment and
confirmation of…...
term of office of...
• •
244
265
·
13
•
16
•
seat in council meetings and right to
debate
40
238
•
under direction of common council..
to conduct law business of corpora-
tion
to advise council, boards, officers,
etc....
86
86
86
fire and water commission to make 230
to be adopted, recorded and pub-
lished, by light and power com-
mission
•
CANVASS OF VOTES, council to de-
termine who elected to office..20-22
CARCASSES, removal or ...... (15th) 28
CARRIAGE STANDS, council to des-
(32nd) 28
·
• •
ignate
CELLARS, slips, barns, drains, etc.,
regulation by council
CEMETERIES, see park and ceme-
tery commission.
council to purchase, maintain and
control
8
to prosecute for offences against
city ordinances and regulations 86
to prosecute under ordinances and
water
regulations of
and fire
commissioners
•
(31st) 28
86
to
(19th) 28
to prosecute for violation of charter 86
defend actions' against Peter
White public library..
notice to of sidewalk injuries..
notice to of appeals in sidewalk in-
jury cases....
86
132
•
135
recorder to keep cemetery record... 105
CEMETERY FUND, how disbursed 112
CENSUS, council to provide for tak-
ing......
(33rd) 28
20
20
CERTIFICATE OF ELECTION, by
election inspectors
•
by recorder, to persons elected.
CERTIORARI, appeal on to circuit
court
CHAIRMEN, of council, committees
20
126
may administer oaths when.... 182
CHALLENGE and excuse of jurors.. 121
CHANGE, of voting places.
CHARTER, violation punishable be-
fore justices
•
violation of, complaint for.
a public act, how construed
•
•
•
200
117
•
117
199
CIRCUIT COURT, appeals to on
claims for sidewalk injuries.... 133
may sue and be sued..
112
compensation to be fixed by council 178
CITY COLLECTOR of taxes, to be
appointed by common
when....
council
142
·
142
13
powers and duties of..
CITY ENGINEER, appointment and
confirmation of....
•
seat in council meetings and right to
debate
40
compensation to be fixed by council 178
CITY PHYSICIAN, health officer to
be
13, 95
CITY TREASURER, see treasurer.
CLAIMS, against city boards and
schools to be verified and au-
dited and allowed by controller a80
not binding on city or boards until
approved
• ·
•
a80
for injuries in streets, when to be
presented
132-136
CLERKS OF ELECTION, how ap-
•
20
178
•
pointed, and oath of..
compensation of......
COLLECTION, see special assess-
ments, taxes, dog taxes, treas'r.
COMMISSION, commissioners; see
street commissioner, fire and wa-
ter commission, light and power
commission, park and cemetery
commission.
CIRCUSES, power to license....(4th) 28
CITY, name and style of..
1
implied and incidental powers.
1
right to hold and dispose of real and
personal estate
boundaries, territory incorporated...
limit on indebtedness for borrowed
money
41
may hold and improve lands, water
powers, engines, etc., for light
and power
100
may appropriate and borrow money
for light and power......
may use jail of county of Marquette 115
right to appeal to circuit court
from justices
100
40
126
49
•
159
·
187
•
•
• •
when..
182
187
·
may regulate their proceedings..
185
with
may empower marshal
185
189
duties to be prescribed by ordinance 185
title to property to vest in...
190
•
may subpoena witnesses, etc....... 185
D
• • • •
may purchase at sales for assess-
ments....
suits to be in corporate name.
how process against served..
adjustment of indebtedness
township
COMMITTEE of the whole of council
on appointments
COMMITTEES, may issue subpoenas
and warrants when
chairmen may administer oaths
232
INDEX TO CITY CHARTER AND BOARD ACTS.
SEC.
No.
SEC.
No.
COMMITMENT, to whom directed.. 129
form of for offenders....
COMMON COUNCIL, confirmation of
129
mayor's appointments
13
may provide for appointment of of-
ficers by mayor
13
may remove officers appointed by
their authority....
13
may remove city engineer..
13
to prescribe powers and duties of of-
•
ficers appointed by their author-
ity..
13
to designate places where elections
are to be held...
COMMON COUNCIL (continued).
may regulate and prohibit discharge
of firearms..
.......(7th) 28
to prevent incumbering of streets,
sidewalks, etc..
to prevent and punish horse racing
and immoderate driving .... (9th) 28
to prevent accidents at street cross-
ings....
to determine routes of street rail-
ways and routes and grades of
railroads, etc
(8th) 28
..(9th) 28
•
(10th) 28
20
to regulate navigation of harbor....
to meet and determine who elected
to office.
(11th) 28
20-22
to provide ballot boxes.
duties of upon vacancy in office of
21
• *
to direct and regulate anchoring of
vessels, etc......
• · ·
(11th) 28
alderman...
25
•
to provide for and preserve the pur-
ity of waters
.(11th) 28
to direct notices of elections to fill
vacancies..
to prevent structures in and filling
27
of harbor
mayor and aldermen constitute.
majority of whole a quorum.
•
(11th) 28
28
· •
28
drunkards,
•
less than a majority may adjourn..
may be summoned by mayor to meet 28
may impose fines for non-attend-
28
(12th) 28
pounds, etc..
..(13th) 28
ance
28
28
• • •
·
when to appoint one of its members
to preside
may establish, enforce, annul,
amend and repeal ordinances,
by-laws, rules and regulations..
may dispose of property of city.... 28
to manage and control city finances,
etc......
28
28
may make rules and by-laws relat-
ing to city finances and property 28
resolutions involving expenditure of
public money to be approved by
mayor
resolutions involving expenditure of
public money may be passed
notwithstanding objection of
mayor.
•
to restrain and punish
vagrants, etc....
to establish. maintain and locate
to restrain the running at large of
animals..
(13th) 28
to prevent and regulate the running
at large of dogs, etc........(14th) 28
to impose tax on owners of dogs..
(14th) 28
may prohibit deposit of dead ani-
mals, etc..
•
.
.(15th) 28
to compel the clearing of sidewalks
of snow, ice, etc...
•
(16th) 28
(17th) 28
to regulate the ringing of bells, cry-
ing of goods, etc..
to prescribe powers, duties, compen-
sation, etc. of officers..... (18th) 28
purchase and maintain
teries..
28
to
28
to preserve public peace and good
order.....
. (1st) 28
...
to organize, maintain and regulate
police force..
. (1st) 28
may prohibit furnishing
minors, etc
duties in relation to disorderly and
gaming houses, houses of ill
fame and gaming.... . (2nd) 28
may restrain and regulate auction's,
etc...
(3rd) 28
liquor to
.(3rd) 28
•
• • • •
•
(3rd) 28
·
•
may prohibit opening of saloons,
etc. on Sunday
may prohibit, restrain, licence and
regulate sports, entertainments,
(4th) 28
etc..
to abate or remove nuisances..(5th) 28
may prohibit slaughter houses and
storing of explosives
(6th) 28
may regulate sale and use of fire-
works and explosives .....(7th) 28
ceme-
• •
•
• . · •
(19th) 28
to provide for the protection and
care of paupers and prevent the
bringing in of paupers.....(20th) 28
to establish and regulate markets,
vending of wood, hay, etc.. (21st) 28
to regulate and establish building
lines
. (22nd) 28
to establish fire districts or
its..
•
•
· •
lim-
(23rd) 28
to prescribe duties, compensation
and bonds of officers.... (24th) 28
to license hawkers, peddlers and
pawnbrokers
(25th) 28
to license and regulate wharves,
boats, tugs, etc..
(26th) 28
to regulate and license taverns,
houses of public entertainment,
etc....
(27th) 28
to designate districts in which liquor
selling shall be carried on. (27th) 28
to regulate inspection of meats, poul-
try, fisn and other provisions..
(28th) 28
!
+
233
INDEX TO CITY CHARTER AND BOARD ACTS.
SEC.
No.
SEC.
No.
COMMON COUNCIL (continued).
to regulate inspection, weighing and
measuring of brick, lumber,
wood, coal, hay, etc. and sealing
of weights and measures...(29th) 28
to provide for the inspection of
buildings, safety of their con-
struction, etc., and license
plumbers
. (30th) 28
to direct and regulate construction
and maintenance of cellars,
slips, barns, drains, sinks, etc.
COMMON COUNCIL (continued).
to cause the recording of highways,
streets, etc....
37
to settle accounts of city treasurer,
other officers, etc....
38
to make annual statement of re-
ceipts and expenditures
when private meetings may be held
to provide seats in council chamber
for city officers
38
•
40
40
officers may be required to attend
meetings
40
(31st) 28
to license and regulate vehicles kept
for hire and solicitors for pass-
engers, etc....
officers may take part in debate,
when
40
•
.(32nd) 28
to provide for the taking of cen-
sus
•
(33d) 28
•
...
nances
• • • •
29
to regulate and require the setting
of shade trees
(34th) 28
authority to make ordinances for
safety, order, good government
and general welfare
(35th) 28
restriction on granting of fran-
chises....
. (35th) 28
authorized to prescribe fine and im-
prisonment for violation of ordi-
(36th) 28
to prescribe terms and conditions of
licenses, and may remit fees....
may punish exercise of unlicensed
minutes to be published..
authorized to borrow money, when
may provide manner of voting on
questions of borrowing money..
may prevent driving on sidewalks,
etc..
40
41
41
45
•
power to adopt ordinances..
may expel aldermen and remove of-
ficers, when.....
may issue subpoenas and warrants,
when
presiding officer or committee chair-
man may administer oaths,
when....
45
48
·
49
50
attendance of witnesses, how com-
pelled
50
occupations, etc......
30
may direct appropriation of private
property for public use..
general powers of in relation to
streets, alleys, etc....
32
approval of plats
32
power to make ordinances and by-
laws......
33
• ·
•
• •
general power to assess, levy and
collect taxes....
33
to employ prisoners
33
· • •
to direct deposit of public moneys,
etc......
33
general powers in relation to sew-
ers, drains, vaults, etc......
34
of in relation to highways, streets,
public grounds, etc....
34
Chap. VIII., Secs. 51-77
action of on suspension of marshal 78
direction of controller in leasing, re-
pairs, insurance, etc., of proper-
ty.
president pro tem..
not to pav for labor and services
performed under street commis-
sioner, unless reported on oath
to direct city attorney when......
quarterly reports to, by treasurer..
annual settlement of treasurer with 87
to fill vacancies in office of super-
visor......
d80
81
•
to grade, pave and improve high-
ways, streets, etc....
34
•
to order construction of sidewalks,
etc....
34
to fix fees of justices of the peace..
reports from justices of the peace...
to prescribe duties and security to
be given by officers..
authorized to collect costs of im-
provements by special assess-
ments..
to be board of health.
60 288 2888
82
86
87
90
91
94
95
see "board of health.”
34
action of council in constructing
sewers ratified....
34
to adopt ordinances for filling up,
clearing, etc., grounds, cess-
pools, etc......
general powers in relation to con-
struction of sidewalks
35
assessments of expenses
of con-
general health laws to govern...
may appropriate and borrow money
for light and power..
•
88
98
99
100
•
struction of sidewalks....
35
may collect taxes for light and pow-
may provide for repair of cross
er...
100
•
walks and sidewalks
36
power to assess and collect taxes..
36
may authorize appointment of park
police.....
104
by-laws, ordinances, rules, etc.,
binding on courts....
36
may take private property for park
and cemetery commission
107
234
INDEX TO CITY CHARTER AND BOARD ACTS.
SEC.
No.
SEC.
No.
COMMON COUNCIL (continued).
may appropriate, raise and borrow
money for park and cemetery
commission....
COMMON COUNCIL (continued).
special assessments
159
108
to direct railroads to maintain street
crossings and bridges
160
may issue bonds therefor when au-
thorized by electors
108
consent of for expenditures of park
and cemetery commission
reports of park and cemetery com- /
mission
may fill up railway excavations..
may direct suit for dog taxes.
may punish for keeping untaxed
160
163
·
109
dogs
163
110
•
•
•
authorized to appropriate money for
expenditures of park and ceme-
tery commission
·· •
to levy and collect special taxes for
same.
• •
concurrence of in granting certain
privileges and franchises
111
•
urer...
111
may direct collection of special as-
sessments on general tax roll... 174
to fix compensation of officers...... 178
may prescribe percentage on special
assessments for fees of treas-
committee chairman may administer
181
oaths when
182
113
may compromise with sureties on
recognizance
to
122
•
regular and special sessions thereof 186
perform duties of township
boards
194
•
·
•
may remit fines when.
action of on sidewalk injuries....
to appoint city collector of taxes
when
power to assess and collect taxes... 145
limitation on power to assess taxes. 145
to levy highway taxes.
may levy interest and sinking fund
1
• •
123
133
to prescribe manner of exercising
and enforcing powers
197
142
to have powers of village council
under fire and water act..
198
145
• •
• •
•
tax
may levy taxes to pay indebtedness 145
power to assess poll tax..
146
145
to perform duties of township boards
in reference to taxes
147
•
to determine amount of local taxes
to be raised and direct the levy
thereof
148
to levy sums required by school dis-
tricts and municipal boards.... 148
may apply to auditor general for re-
sale of tax lands.
may re-enact ordinances against ob-
jection of mayor....
how ordinances to be amended..
to appoint fire and water commis-
sioners on nomination of mayor 208
to raise by taxes sums required by
fire and water commission......
.. 215
to publish annual statement of fire
and water commission
228
confirmation by two-thirds vote of
light and power commissioners 233-4
reports to by light and power com-
mission
201
203
•
245
149
·
•
may acquire lands for public im-
provements
151
record and filing of reports of light
and power commission
to raise by tax amounts required by
light and power commission... 246
to submit to electors question of
245
may make contracts for public im-
provements and assess cost
thereof
151
borrowing money for light and
power commission
confirmation of trustees of Peter
248
...
to cause estimates of cost to be
made and assessed
White public library
256
151
limitation on power to make public
improvements....
may remove trustees of Peter White
public library..
256
• •
151
to embrace certain items in cost of
public improvements
power to raise tax for library build-
ing..
262
•
151
to cause plats, diagrams and esti-
mates to be made of public im-
provements
annual report to by Peter White
public library..
264
...
151
to revise and correct special assess-
ment rolls
153, 155
•
may direct payment of portion of
street improvements out of gen-
eral funds
156
•
to determine portion paid by city for
renewing street work
proceedings in case special assess-
ments are invalid
157
D
COMPETENCY, of officers, witnesses
and jurors, in city cases..
COMPLAINT, for violations of char-
ter and ordinances
by whom made....
CONDEMNATION, see appropriation
of private property, Chap. VII.
CONFIRMATION, by council of ap-
pointments..13, 101, 208, 233, 244, 256
130
•
117
118
of special assessments.
155
•
158
CONSTABLES, election of..
12
•
may provide for collection of special
terms of office.
16
assessments..
159
4
to serve warrants.
120
may order suits for collection of
fees of......
178
INDEX TO CITY CHARTER AND BOARD ACTS.
235
SEC.
No.
SEC.
No.
со
CONSTRUCTION of words..
CONTAGIOUS DISEASES, physi-
cians to report....
CONTRACTS, aldermen and officers
not to be interested in.
commissioners not to be interested
in..
controller to sign.....
to advertise for proposals..
for public improvements, to be made
127
97
•
CONTROLLER (continued).
to require annual settlements by of-
ficers....
f80
·
47
•
113, 229, 237
to credit treasurer and other offi-
cers for money, property, etc... f80
to attach warrants to tax and as-
sessment rolls...
•
g80
€80
C80
•
to perform duties required by coun-
cil and boards....
h80
salary prescribed by council..
h80
when....
CONTROLLER,
151
to give bond..
h80
•
appointment
and
confirmation of..
to be assessor....
term of office of..
•
·
to give security.
•
seat in council meetings and right
to debate.....
% số sẽ có có
13
to submit to council annual state-
ment....
180
13
16
annual statement of, what to show.. 180
to be assessor of the city...
180
·
• •
20
may employ clerks on approval of
council.
•
180
•
40
80
monthly statements to, by treasurer 87
to make assessments..
93
b80
b80
•
€80
d80
to keep financial accounts of city....
to countersign bonds, orders, licen-
ses, burial permits and deeds.... 80
audit accounts and demands
against city, boards and schools a80
to countersign and register orders
to
drawn in payment of claims.... a80
may subpoena and examine wit-
nesses relative to accounts...... a80
to examine books, papers and ac-
counts of city and boards...... a80
power to administer oaths generally a80
to keep a record of bonds issued by
city, boards and schools.....
to keep account of funds, taxes, as-
sessments, licenses and expendi-
tures of city, boards and school
districts...
to advertise and receive proposals
for contracts.....
to sign contracts and agreements.. c80
to keep record of officers and em-
ployes of city,boards and schools d80
to certify pay rolls and wages of
officers..
to audit claims against park and
cemetery commission
•
112
to make annual assessment roll in
accordance with general law.... 138
to assess all property liable to tax-
ation.
•
138
to assess all personal property in the
city between March and June.. 138
how to assess real estate..
138
power to demand lists of property.. 138
to have powers of township super-
to spread state and county taxes on
tax roll...
*
visors....
138
to deliver roll to board of review... 138
to give notice of meetings of board
of review...
to
to deliver assessment roll to county
clerk......
139
to be member of board of review... 139
make tax roll and warrant for
collection. . . .
140
141
142
-
to have leasing, repairs, insurance
and general supervision of prop-
erty of city....
d80
to annex warrant to tax roll and de-
liver to treasurer for collection.. 142
to levy taxes directed by council... 148
to make estimates of expenses of
improvements....
151
may require reports from officers,
boards and persons in charge of
public property...
warrant of for collection of special
assessments
151
280
to exercise general supervision of
the financial concerns
e80
how to make special assessment roll 152
to make and deliver to marshal dog
tax list..
"
162
not to draw warrants on funds ex-
hausted....
e80
•
to keep books exhibiting condition
of corporation....
to file duplicate with recorder..
when to levy special assessments on
general tax roll..
162
174
e80
•
to inquire into, inspect and inven-
tory finances and property of of-
ficers, boards, etc....
e80
to require reports from officers,
boards, etc......
e80
to charge treasurer with special and
general taxes, licenses, etc...... 180
to charge treasurer and other offi-
cers with money and property in
their possession...
....
180
compensation to be fixed by council 178
to enter in books memoranda of ex-
penditures for light and power.. 244
to spread library tax annually..... 261
CORPORATION, name, powers and
rights of, see city.
not dissolved by failure to hold elec-
tion....
COSTS, security for
in enforcement of state laws to be
paid by county...
22
118
124
236
INDEX TO CITY CHARTER AND BOARD ACTS.
SEC.
No.
SEC.
No.
COSTS (continued).
DOG TAXES (continued).
to be added to fines as additional
penalty...
131
marshal to pay taxes and deliver list
to treasurer......
163
how taxed on foreclosure of assess-
ments...
suit for collection of..
163
• • •
159
•
marshal charged with, may be re-
184
115
124
•
.
141
double, in certain cases.
COUNTY, jail of, city to use....
to pay expense of prosecutions un-
der state laws....
clerk, to produce assessment roll be-
fore board of supervisors....... 141
to return assessment roll to control-
ler....
recorder to procure tags.
marshal to give receipts for.
tags to be attached to dogs.
lost tags, how replaced..
untaxed dogs may be killed..
counterfeit and improper tags pro-
lieved when……….
164
•
•
164
•
165
•
165
..
165
166
hibited....
171
COURTS, jurisdiction in replevin for
impounded animals
(13th) 28
by-laws, ordinances, etc., binding
•
imitation and improper tags prohib-
ited......
171
on.
36
• •
.. •
jurisdiction in suits against officers 184
CROSS-WALKS, see sidewalks.
CURIOSITIES, council to prohibit,
restrain or license exhibitions of
(4th) 28
DAMAGES, for injuries by defects in
streets, etc......
132
owners of dog's liable for injuries by 168
property owners and others liable
for injuries by defective side-
walks, openings in streets, etc.. 193
DEBT, limit on municipal..
41
DECREE, on foreclosure of special
assessments....
belong to contingent fund..
DRAINS AND VAULTS, ETC., di-
rection of council
DRAYS, and other vehicles may be li-
censed.....
EATING HOUSES, council to regu-
late and license..
ELECTIONS, officers elected on city
and ward tickets..
•
of justices of the peace in 1896 and
after....
notices of to be posted and published 20
places where held to be designated
•
20
by council..
inspectors of, who to constitute.. 20-22
vacancies in board of inspectors,
how filled..
penalties for violations of dog tax
provisions..
172
•
173
•
34
•
•
(32nd) 28
•
...(27th) 28
12
•
19
how conducted..
..Chap V., 20-22
159
...
DEEDS, to be signed by mayor and
recorder.....
42
countersigned by controller
DEFECTIVE SIDEWALKS, when
80
20-22
owners liable for injuries....... 193
DEPOSIT of public moneys in banks 33
DEPUTY, recorder and treasurer
may appoint deputies
DISEASES, power of council in re-
lation to....
Chap. X, 95-99
physicians to report.
DISORDERLY HOUSES, houses of
ill fame, council
DISORDERLY PERSONS, to be ar-
etc....
rested by marshal
DISTURBANCES, marshal to sur-
clerks of, how appointed..
ballot boxes to be provided by com-
mon council....
20
•
21
83
•
97
• •
powers of inspectors same as in
townships..
tie votes, how determined..
plurality of votes elects to office..
governed by general laws relative
township
elections
except
where charter provides other-
wise......
• •
failure to hold, effect of..
to fill vacancies in office of alder-
men..
21
• •
►
21
21
៨ ៨៨៨
•
•
to prevent,
(2nd) 28
to
21-22
85
22
25
press..
85
DOCKET, of justices of the peace... 127
DOGS, council to regulate the running
•
to fill vacancies, notice of..
special on borrowing money
notice of....
• •
41
REE
27
41
at large
(14th) 28
to authorize bonds for park and
untaxed may be killed when.
166
•
cemetery.
108
..
•
when may be killed....
167
owners liable for injuries..
168
keeping of vicious dogs prohibited.. 169
when to be chained up......
170
DOG TAXES, to be paid by owners..
161
who deemed owners
161
..
•
roll to be made by controller and de-
livered to marshal..
162
compensation of inspectors
compensation of clerks
compensation of gate keepers, etc.. 178
polling places, change in..
to authorize issue of bonds by fire
and water commission
qualification of electors at school
elections
178
D
•
•
•
178
·
•
200
•
213
•
206 note
copy to be filled with recorder.
162
•
see school district No. 1.
marshal to collect
162
ELECTORS AND REGISTRATION
marshal may add to dog tax list.... 162
Chap. III, 4-11
INDEX TO CITY CHARTER AND BOARD ACTS.
237
SEC.
No.
SEC.
No.
4
5
8
· • •
10
250
•
14
ELECTORS, qualifications of...
residence, of, where to vote...
transfer of names on registers.
unlawful to vote unless registered..
qualification of at school elections
206 note
challenge of at school elections. 206 note
vote of to authorize raising of mon-
ey for library building....
vote on authorizing issue of bonds
262
by light and power commission 247
vote on authorizing issue of bonds
by fire and water commission.. 213
ELECTRICITY, taking without au-
thority....
ELIGIBILITY of persons to hold of-
fice......
•
city attorney to advise, when..
council to levy taxes for sums re-
mayor member of board..
FIRE AND WATER COMMISSION,
issue of certain bonds by rati-
fied....
41
controller to countersign bonds; or-
ders, licenses, deeds, etc...
accounts against to be audited and
allowed by controller
controller to inspect and inventory
finances, accounts and property
of, and to whom reports must be
made
80
a80
• •
e80
•
888888
86
quired...
148
•
180
•
continued in existence, power and
duties of...
198
•
EMPLOYMENT of prisoners
ENCROACHMENTS on streets and
alleys...
33
act incorporating
207-232
•
corporate powers.
207
•
32
terms of office
208
• ·
•
EQUALIZATION, of assessment roll
by board of supervisors........ 141
ESTIMATES of expenses of public
151
improvements, when necessary.. 151
to be publicly exhibited..
EVIDENCE, papers and records cer-
tified by recorder
•
by-laws, regulations and ordinances
79
of light and power commission. 238
of publication of rates, charges, etc.,
132
of light and power commission.. 243
EXCAVATIONS, owner liable for in-
juries by....
EXECUTION, for collection of fines
123, 125
EXHIBITIONS and entertainments,
council may regulate, etc..(4th) 28
EXPLOSIVES, council may prohibit
storing of...
.(6th) 28
•
•
FEES, of auctioneers, may be fixed
by council....
(3rd) 28
90-178
of justices of the peace, fixed by
council.....
•
of marshal, constable and treasurer 178
of treasurer for collection of taxes.. 144
of treasurer for collection of special
assessments to be prescribed by
ordinance
•
181
FEMALES, liable to arrest for viola-
tions of charter and ordinances.. 120
FINANCES, under control and man-
agement of council..
annual statement to be published...
FINES, council may impose for non-
attendance....
labor in discharge of..
disposition of penalties and
888888
mayor to nominate commissioners.. 208
commissioners to be citizens quali-
to choose president and secretary..
treasurer to give bond...
fied to vote
208
vacancies in board how filled
208
•
209
209
vacancy in office of president, how
filled....
209
president, term of office..
209
·
secretary and treasurer, terms of of-
fice..
209
•
210
211
212
213
213
•
to file oath of office
majority a quorum
•
general powers and duties of.
power to borrow money..
to issue bonds on credit of city
how bonds issued and registered... 213
limitation on power to borrow.
to pay bonds and interest..
may purchase certain bonds..
may issue new bonds when.
to report to council sums needed to
be raised by taxes..
to purchase lands....
• •
•
213
214
•
214
214
215
216
•
to furnish water and fire protection 216
power to lay water pipes, etc....... 217
to employ superintendants, clerks,
etc..
•
218
commissioners to receive no compen-
sation....
218
28
·
· •
·
to assess water rate to be paid by
consumers
219
39
water rate a lien on premises.
219
•
28
may enforce collection of water
rates.....
220
33
may take private property..
221
for-
91-92
• · ..
compensation for, how determined.. 221
proceedings on the taking of private
property...
221-3
224
to pay creditors of contractors..
unauthorized interference with
224
• •
alty......
131
• .
pipes, etc...
225
for violation of charter belong to
contingent fund....
willful injury to work and property
173
of punishable....
226
feitures...
council may remit..
•
collection of, by execution..
123
123, 125
discharge of prisoner on payment of 129
and costs to be paid to treasurer... 129
costs to be added as additional pen-
materials furnished to be exempt
from execution....
238
INDEX TO CITY CHARTER AND BOARD ACTS.

SEO.
No.
FIRE AND WATER COMMISSION
HARBOR (continued).
(continued).
•
to keep record of proceedings.....
to keep list of assessments for water
rates....
227
227
to make annual report to council.... 228
contents of annual report to council 228
statement to be certified, entered of
SEO.
No.
council to direct and regulate an-
choring of vessels, etc......(11th) 28
HAWKERS AND PEDDLERS, who
deemed such
(25th) 28
council to license and regulate. (25th) 28
HEALTH, see hoard of health.
HEALTHL OFFICER, appointment
and confirmation and qualifica-
tions of....
•
to be city physician
term of office of....
record and published
members not to be interested in
contracts and purchases
members not to be members of coun-
228
13
*229
13, 95
16
cil......
229
40
230
executive officer of board of health
reports to of sick lodgers and dan-
gerous diseases..
95
97
·
•
•
seat in council meetings and right
to debate......
230
230
232
power to make and enforce by-laws,
regulations and ordinances
by-laws, regulations and ordinances
to be entered in book and signed 230
by-laws, regulations and ordinances
as evidence......
president and secretary to sign by-
laws, etc......
authorized to borrow money and is-
sue bonds....
FIREARMS, council may
may regulate
and prohibit the discharge of (7th) 28
FIRE LIMITS DISTRICTS, council
to establish....
FIRE WARDENS. appointment and
confirmation of....
•
(23rd) 28
13
(7th) 28
46
FIREWORKS, council may regulate
sale and use..
FISCAL YEAR, of the city..
FORFEITURE of recognizance for
•
.. •
FRANCHISES, restriction on grant-
122
appearance....
ing of......
(35th) 28
park and cemetery commission not
to grant
113
•
FUNDS, controller to
keep books
showing condition of
e80
when exhausted warrants not to be
drawn on....
e80
GAMING, council to prevent and re-
strain....
(2nd) 28
GATEKEEPERS, of election pay of 178
GENERAL TAX ROLL, collection
of special assessments on....... 174
GRADE and route of railways, coun-
cil to determine..
(10th) 28
GRADING, powers of council to
grade, pave and improve streets,
etc..
GUNPOWDER, council to regulate
use of....
HACKS, council to license and regu-
late......
•
··
HARBOR MASTER, appointment
and confirmation of....
term of office.
powers and duties under general law 99
compensation to be fixed by council 178
HIGHWAYS, powers of council over 34
record of......
•
•
•
37
council may levy highway tax. 145
HORSE RACING, council may pre-
vent and punish...
(9th) 28
IMMODERATE DRIVING, council
151
may prevent and punish....(9th) 28
IMPROVEMENTS, assessments for. 151
proceedings for making
INDEBTEDNESS, limit of city for
borrowed money....
payable at the office of treasurer..
INFECTION, of persons, property
and premises, prevention of..... 96
INJURIES, on sidewalks, streets,
41
87
etc., claims how presented... 132
how claims appealed to circuit
court......
133
134
bond on appeal of suits for, to
circuit court...
notice of appeal and proceedings.. 135
in streets, liability for damages... 193
INFANT, guardian not to be appoint-
•
ed in prosecution against.... 120
INNKEEPERS, etc., to report sick
lodgers
97
INSPECTION, council to regulate in-
spection of meats, poultry, fish
and other provisions.. (22nd) 28
council to regulate weighing and
measuring of brick, lumber, fire-
wood, coal, hay, etc.... ...(29th) 28
council to provide for inspection of
buildings..
...(30th) 28
INSPECTORS OF ELECTION, who
to constitute..
20, 22
powers of, same as in townships.... 21
to determine election of ward offi-
cers..
曲
​34
...
(7th) 28
(32nd) 28
13
20, 22
16
178
178
(11th) 28
d80
..
INTERPRETATION, words,
how
(11th) 28
construed....
127
...(11th) 28
rested and imprisoned..
85
compensation fixed by council.
HARBOR, boundaries of...
council
...
•
to preserve and regulate
navigation....
...
to prevent obstructions and filling
of......
...
compensation of...
INSURANCE, of buildings, under su-
pervision of controller
INTOXICATED PERSONS, to be ar-
INDEX TO CITY CHARTER AND BOARD ACTS.
239
SEC.
No.
SEC.
No.
INTOXICATING LIQUORS, council
may prohibit furnishing to mi-
nors, etc......
tinued).
..(3rd) 28
council to designate districts in
which business shall be carried
on....
JUSTICES OF THE PEACE (con-
returns of officers to..
judicial notice taken by.
128
•
128
(27th) 28
com-
form of commitment of offenders.. 129
to impose costs in addition to fine... 131
fees of..
178
mittees..
50
•
of vicious character..
dered....
122-123
體 ​•
KILLING OF DOGS not taxed and
tagged.....
notice to owner....
166
167-169
169
• •
123
•
127
•
•
•
• •
LABOR, of prisoners in jail or
streets....
on
33
127
• • • • •
• •
259
INVESTIGATION, powers of
JAIL, city may use that of county... 115
JUDGMENTS, of justices, how ren-
execution on..
to be recorded in docket.
how proved
+
against Peter White public library
to be spread on tax roll..
JURISDICTION, of
of courts in re-
plevin of impounded animals
(13th) 28
• D
• •
of justices, see justices of the peace.
JURY, in trials before justices.. 121
fees in trials before justices... 121
selection of in trials before justices. 121
exemption of jurors.
competency of jurors
•
•
- D
LANDS, assessment and taxation of,
see taxes.
sales for special assessments..
LEASE of Marquette Valley Milling
Co. validated....
159
192
LEASING of property. by controller d80
LIBRARY, see Peter White public li-
brary.
LIBRARY TAXES, how spread and
collected.....
261
(25th) 28
LICENSE, council to license hawk-
ers, peddlers and pawnbrokers
council to license and regulate
wharves, boats, tugs, etc.. (26th) 28
council to license plumbers and reg-
ulate plumbing of buildings (30th) 28
of vehicles and solicitors for pass-
(32nd) 28
engers....
council to prescribe terms and con-
....
130
JURY LISTS, to be made by super-
visor and returned to county
clerk....
188
·
·
17
19
20
•
23
89
90
•
90
•
·
91
91
91
ditions and may remit fees..... 29
30
terms and expiration of...
fees to be paid into contingent fund 31
countersigned by controller
LIEN. of taxes, see 'taxes.
•
80
·
•
91
of assessments, see special assess-
92
ments.
•
114
• •
115
• • •
of cost and repair of sidewalks.. 35-36
of water rate upon premises..
LIGHT AND POWER COMMIS-
219
nances, etc......
116
JUSTICES OF THE PEACE, terms
of office of….....
elections of in 1896 and after.
certificate of election of..
vacancies in office...
oath, jurisdiction, powers and duties
duties and compensation of....
fees to be fixed by council..
reports to council....
disposition of fines, penalties, etc..
to qualify and give security.
term of office.
•
disposition of fines, penalties, etc..
jurisdiction of under state laws..
jurisdiction under ordinances
exclusive jurisdiction under ordi-
complaint for violation of ordinances 117
complaints, by whom made.
118
•
may require security for costs.
118
form of warrant....
119
• ·
need not appoint guardian for infant
defendant....
120
•
proceedings before on arrest.
121
•
may punish jurors and witnesses for
non-attendance, etc....
...
a80
SION, accounts against audited
by controller....
controller to inspect and inventory
finances, accounts and property
of, and to whom reports must be
made......
• •
city attorney to advise when..
annual and other settlements of
treasurer with.
e80
8888
87
121
121
122
•
•
123
·
• •
123
proceedings before, how governed... 127
to construe charter liberally...
128
jurisdiction of, how exercised.
proceedings and adjourments
how judgment rendered by.
to issue execution how..
'when to issue summons for violation
of charter and ordinances....... 125
jurisdiction of to render judgment.. 125
appeal on certiorari to circuit court 126
docket, how kept.....
127
to make by-laws and ordinances..
members not to belong to common
council......
members to file oath of office..
city authorized to buy and hold
lands, water powers, engines, etc 100
council to levy taxes for sums re-
quired....
148
appointment and general powers of 233
corporate name
233
power to contract, sue and be sued,
etc.......
233
·
233
•
233
234
240
INDEX TO CITY CHARTER AND BOARD ACTS.
SEC.
No.
SEC.
No.
LIGHT AND POWER COMMIS-
SION (continued).
LIGHT AND POWER
SION (continued).
COMMIS-
terms of office...
234
vacancies, how filled..
234
statements to be certified by com-
missioners.....
245
to choose president from their num-
ber....
special annual report to common
235
•
term of office of president..
235
council of moneys needed....... 246
power to borrow money and issue
to choose secretary from their num-
ber.....
bonds....
247
235
city treasurer to be treasurer of
commission....
bonds, how issued and recorded.. 247
when to determine form of ballots of
•
235
electors....
248
compensation of treasurer
235
to pay certain bonds..
249
vacancy in office of president how
filled.....
235
majority to constitute a quorum. 235
to keep record of proceedings.. 236
to keep list of amounts due from
consumers..
..
may purchase and renew bonds.... 249
penalties for willful injury to work
and property of....
250
penalty for taking electricity with-
out authority....
250
236
· •
materials procured by to be exempt
proceedings and lists subject to pub-
lic inspection....
from execution....
251
236
236
proceedings to be published.
members not to be interested in
contracts, purchases or labor.... 237
power to make and enforce by-
laws, regulations and ordinances 238
same to be entered in book, signed
and published......
to pay creditors of contractors when 251
LIMITATION on amount of taxes.... 145
LIQUORS, see intoxicating liquors.
LOANS, how authorized
41
MARKETS, council may establish
and regulate
(21st) 28
MARSHAL, appointment and confir-
238
mation of......
13
president and secretary to sign by-
term of office of...
laws, etc......
238
to give security
authorized to purchase lands, water
powers, engines, etc..
239
seat in council meetings and right to
debate......
92
16
20
40
general powers of commission..
239
mayor may suspend when..
78-
to have exclusive management of
light and power property.
240
to be chief of police, subject to di-
rection of mayor
85
may sell and convey property.
limit on power to sell or lease lands 241
power to construct dams, etc., and
direct machinery etc....
may lay pipes, etc., in streets of city
241
to see that ordinances and laws are
enforced....
85
242
and township of Marquette..... 242
manner of construction of works... 242
to light streets, parks, etc..
242
to light public buildings.
242
•
may sell light and power not needed
for public use....
242
•
to fix rates and charges for services 243
to make and enforce regulations for
the collection of rates and
243
charges..
penalties and interests on rates.... 243
may enforce collection by suit...... 243
rates, charges, rules and regulations
•
to be entered of record and pub-
lished..
243
secretary to certify publication of
rates, charges, rules, etc....... 243
city to pay monthly for public ser-
›
to have powers of constables for
service of civil and criminal
process issued by justices...... 85
as peace officer has powers of sheriff
to suppress riots, disturbances,
etc....
may command the aid of citizens in
the performance of duty......
duty to arrest disorderly persons..
to arrest without process persons
committing certain offences
may serve warrants
85
85
2088 2089568
85
120
power to execute commitment..
to pay dog taxes and deliver list to
treasurer
129
• •
163
•
charged with dog taxes, may be re-
lieved when......
164
to give receipts for dog taxes.
may kill untaxed dogs....
165
166
to receive fees for serving process.. 178
compensation to be fixed by council. 178
MARQUETTE VALLEY MILLING
vice....
244
CO. lease to, validated..
•
monthly itemized statements of
public services to be filled with
treasurer....
MAYOR, election of......
244
'to report annually or oftener to
to appoint certain officers.
term of office of...
•
common council....
245
member of common council, when
contents of report……….
245
to vote......
192
12
13
16
28
INDEX TO CITY CHARTER AND BOARD ACTS.
241
SEC.
No.
SEC.
No.
MAYOR (continued).
NOTICE (continued).
may summon meetings of common
council......
28
to approve resolutions involving ex-
penditure of public money......
28
of elections to be posted and pub-
lished....
to be given by recorder to persons
elected to office
·
veto of resolutions involving expen-
diture....
28
to sign annual statement..
39
•
of election, effect of failure to give..
of election, to fill vacancies, how
given
2 223
20
20
25, 27
to sign bonds and deeds..
42
•
general powers and duties of..
president of council....
78
to property owners of construction
of sidewalk
35
·
78
to mayor, recorder or city attorney
to countersign orders on treasurer.
to see that officers discharge their
duties....
78
of injuries by defects in streets,
etc....
132
78
to see that laws, ordinances and res-
olutions are observed
78
of meeting of board of review.
by treasurer of receipt of tax roll 140, 143
of poll tax labor..
139
•
•
146
•
power as conservator of the peace..
to direct marshal and officers to ap-
prehend offenders
78
of plats, diagrams and estimates for
public improvements..
151
78
to preserve order and decorum in
council room....
78
of confirmation of assessment roll.. 154
of lien of assessments may be re-
corded.
155
•
•
to have power over police officers.. 78
may suspend marshal when..
78
marshal to be subject to direction of 85
member of park and cemetery com-
mission....
•
•
•
•
155
168
+
*
193
•
•
101
132
180
to have powers of president of vil-
lage under fire and water act.... 198
approval and veto of ordinances..
to authenticate adoption of ordi-
201
nances...
204
•
•
to nominate fire and water commis-
sioners......
208
· •
to appoint light and power commis-
sioners....
233-4
• •
to appoint trustees of Peter White
public library…….
.... 256
MEETINGS, regular and special of
186
to be published
40
to be kept by recorder..
79
of park and cemetery commission to
be kept and published....
102
•
·
•
of fire and water commission to be
kept
227
•
of light and power commission to be
kept and published
236
on
33
· • • •
•
41
•
D
·
notice to of sidewalk injuries...
to be member of board of review.
.. 139
to serve without compensation... 178
member of board of fire and water
commissioners
council......
MINUTES, of proceedings of council
MONEY, deposit of in bank, interest
power of council to borrow.
discharge of notice of lien.
to owners, to kill vicious dogs.
to property owners and occupants to
defend injury cases
of school elections, see school dis-
trict No. 1.
NOTES, to be in custody of treasurer 87
NUISANCES. council to abate... (5th) 28
council to order removal of..... (15th) 28
injurious to health, to be abated.. 96
expense of abating may be assessed 97
dogs not taxed
166
•
OATH OF OFFICE, to be taken
within ten days after notice………. 20
of park and cemetery commissioners 102
of fire and water commissioners.... 210
of light and power commissioners... 234
of trustees of Peter White public li-
brary....
chairmen..
OATHS, administered by committee
D
• •
256
182
.(11th) 28
OBSTRUCTIONS to navigation, coun-
cil to prohibit
OFFENSIVE substances and prem-
ises, see nuisances.
OFFICE, of treasurer to be open
week days
• •
OFFICERS, election, appointment
87
and tenure of office. Chap. IV., 12-19
elected on city and ward tickets... 12
appointment and confirmation of.... 13
powers and duties of to be pres-
cribed by ordinance
13
who eligible to offices..
14
treasurer to have custody of..
MORTGAGES, custody of treasurer..
NAME OF CORPORATION ..
NAVIGATION, council to prevent ob-
structions, filling, etc. in harbor
(11th) 28
NOTICE, of registration, general law
to govern
87
•
87
change of residence vacates office...
incumbents to continue in office..
terms of office of
14
15
•
16, 17, 18
•
1
notice to be given to persons elected
to office..
20
•
7
oath of office to be taken within ten
days......
election of in wards to be determined
•
by inspectors of election...... 20, 22
20
242
INDEX TO CITY CHARTER AND BOARD ACTS.
of council...
40
not to be interested in contracts,
jobs, etc..
47
removal of………..
48
investigation of charges against..
mayor, general powers and duties of
recorder, general powers and duties
49
78
SEC.
No.
SEC.
No.
OFFICERS (continued).
OFFICERS (continued).
...
20, 23
fire and water commissioners how
appointed
208
neglect to file oath and give secur-
ity, vacates office
powers, duties, compensation, etc., to
be prescribed by council... (18th) 28
duties, compensation and bonds of
appointed officers prescribed by
council....
.(24th) 28
may be required to attend meetings
of council..
40
• •
•
40
seats for in council chamber..
may take part in proceedings when 40
may be required to attend meetings
appointment and confirmation of
light and power commissioners 233-4
OFFICE HOURS, of recorder....
79
OPENING OF STREETS, grading,
•
32
etc......
ORDINANCES, to provide for the
safety, order, good government
and general welfare.. ....(35th) 28
council may prescribe penalties for
violation...
• • •
power of council to make..
by-laws, etc., binding on courts.
style of....
publication of ordinances and by-
laws
imposing fine or imprisonment not
-
..(36th) 28
33
36
· •
40
40
of....
•
79
controller, general powers and duties
of....
to take effect until published.... 43
existing to remain in force..
manner of proving..
43
•
44
80
•
e80
street commissioner,
record of to be kept by controller... d80
controller to inspect and inventory
finances, accounts and property
of and to whom reports must be
made....
to make annual and other settle-
ments required by controller.... f80
and
powers
powers of council relative to..
violations prosecuted by city attor-
ney...
in relation to parks and cemeteries
to remain in force..
jurisdiction of justices of the peace
45
•
86
·
106
1
under..
115
D
exclusive jurisdiction under, of jus-
tices..
116
duties of....
82'
to be entitled
117
•
recorder and treasurer may appoint
deputies
83
aldermen, duties of....
84
to remain in force..
official misconduct of to be reported
by aldermen to mayor..
marshal, powers and duties of..
84
•
85
•
costs to be imposed as penalty for
violation..
to prescribe manner of exercising
and enforcing powers of council
and officers....
..
131
191
•
197
city attorney, powers and duties of 86
87
treasurer, powers and duties of....
treasurer to keep office open week
days....
to be presented to mayor for approv-
al...
201
•
87
when not to be of force without ap-
proval of mayor…………….
201
•
supervisors, powers and duties of...
supervisors, vacancies in office how
filled
88
return to recorder with objections of
mayor.
88
• •
controller, to make assessments.
council to prescribe duties and se-
93
mayor..
curity..
94
•
•
•
•
amendments of, how made..
•
re-enactment of against objection of
•
re-enactment of....
health officer
95
·
park and cemetery commission, ap-
pointment, etc...
to be authenticated by mayor and
recorder and recorded
101
•
•
•
of park and cemetery commission... 102
penalty for neglect or refusal to ex-
ecute process....
publication of....
evidence of publication....
201
•
203
203
204
205
205
123
•
marshal, policemen and constable to
execute commitment
129
•
competency to act in suits..
130
compensation to be fixed by council 178
compensation of supervisors
double costs in actions against....
council to prescribe manner of exer-
cising and enforcing powers..... 197
inspectors of school elections, duties
and compensation....
179
184
206
fire and water commission to make 230
to be adopted, recorded and pub-
lished by light and power com-
mission
ORDERS, ON TREASURER, coun-
tersigned by mayor
drawn and signed by recorder.
countersigned by controller
not to be drawn on funds or appro-
priations exhausted
PARK AND CEMETERY COM-
MISSION, how appointed and
terms of office..
•
•
238
78
79
80'
•
e80
101
INDEX TO CITY CHARTER AND BOARD ACTS.
243
SEC.
No.
PARK
AND CEMETERY COM-
MISSION (continued).
vacancies' how filled
101
mayor, a member
101
•
name and style of..
102
to choose president and secretary. 102
to file oath of office.
• ▼
to prescribe rules of proceeding and
keep minutes
PETER WHITE PUBLIC LI-
BRARY (continued).
controller to inspect and inventory
finances, accounts and property
of, and to whom reports must be
made....
city attorney
SEC.
No.
...
e80
• •
102
to defend actions
against
•
86
102
102
· • • *
city attorney to advise when..
annual and other settlements of
86
treasurer with
87
103
appointment and terms of trustees.. 256
vacancies, how filled
256
•
103
trustees to file oath and serve with-
256
proceedings of to be published..
power to employ superintendents
and employes....
commissioners not to receive com-
pensation
to have exclusive government, con-
trol of parks and cemeteries).... 104
to exercise certain powers and du-
ties of council, etc....
to make and carry out improvement
plans
•
• •
to supervise expenditures
•
•
·
• •
104
·
104
104
104
to make and enforce rules and reg-
ulations
to appoint and employ park police... 104
to make and file plats of cemeteries 105
to make and file abstracts of con-
out compensation..
corporate name, seal and powers of 257
to elect president and secretary out
of their number
terms of office of president and sec-
retary..
258
•
258
vacancies in office of president and
secretary how filled
258
trustees to make rules and by-laws 258
power to acquire and hold property 259
property to be exempt from attach-
ment, execution and taxation.... 259
judgments against to be spread on
veyances..
105
to succeed to duties of former com-
missioner
city tax roll……….
106
to apply to council for money...... 108
restrictions on purchases and expen-
ditures..
259
city treasurer to be treasurer of.. 260
money not to be paid out except on
warrants of trustees
•
260
109
purposes for which money may be
to make annual and other reports to
council....
expended
260
110
president and secretary to sign war-
to annually submit estimates of dis-
bursements to council ...
allowance and payment of claims by 112
members not to be interested in con-
tracts
rants....
260
111
•
library tax to be spread annually.. 261
to provide rooms..
262
•
may receive donations
262
•
113
to direct expenditure of money for
not to grant franchises..
113
building
•
262
PARKS, city may purchase and hold
council to levy taxes for sums re-
grounds for
(19th) 28
quired
262
PAUPERS, protection and care of,
prevention against
(20th) 28
PAVEMENT. renewing
157
D
PAWNBROKERS, council to license
and regulate
(25th) 28
PAY ROLLS, to be certified by con-
•
troller....
d80
PEDDLERS, council to license and
•
to maintain free circulating library
and public reading room..
to make rules and regulations for
use of library and reading room 263
to employ librarian and other assist-
ants
263
employes of to be under control of
board
2.63
•
263
regulate .. .. ..
(25th) 28
who deemed such
•
(25th) 28
to fix pay and designate duties of
employes
263
PENALTIES. to be prescribed by
·
.(36th) 28
33
125
council for violations of ordi-
nançes..
employment of prisoners for..
suits for recovery of...
for non-payment of taxes when due. 140
PERJURY, when persons guilty of... 183
PERSONAL PROPERTY taxable if
in city between March and June 138
.sale of for special assessments...... 159
PETER WHITE PUBLIC LI-
BRARY, accounts against to be
audited and allowed by controller a80
PHYSICIANS, to report dangerous
PLACARDS, at infected premises...
PLATS, of proposed improvements... 151
to conform to general plan of city..
not to be recorded until approved by
council
PLEA, to complaint
32
32
121
to make annual report to common
council
264
PETITION, of property owners for
public improvements
151
diseases....
97
96
244
INDEX TO CITY CHARTER AND BOARD ACTS.
200
•
sess
•
146
may be paid in labor.
146
SEC.
No.
PLUMBERS AND PLUMBING, li-
cense and regulation of by coun-
cil
.... (30th) 28
POLICE, council to organize, main-
... (1st) 28
tain and regulate....
powers and duties of to be defined
by the council....
marshal to be chief of.
· •
(1st) 28
85
120
•
policemen may serve warrants..
POLLING PLACES, council to fix... 20
change of
• • •
POLL TAX, power of council to as-
PROSECUTIONS, by city attorney
for violations of ordinances and
local regulations
SEC.
No.
86
for violations of ordinances...... 117-131
under state law, expense to be paid
•
PROVISIONS, régulation of the sell-
by county
ing....
124
(21st) 28
PUBLICATION, of annual statement 39
•
of minutes, ordinances, etc..
of ordinances imposing fine or im-
prisonment
of proceedings of park and cemetery
commission
40
43
....
102
...
POSTING of notice of receipt of tax
roll by treasurer..
POUNDMASTERS, replevin against
140, 143
of notice of meetings of board of re-
view
notice of receipt of tax roll by
139
(13th) 28
POUNDS, council to establish, main-
tain and locate
.(13th) 28
jurisdiction of courts in replevin
of impounded animals.. ..(13th) 28
POWERS, manner of exercise pres-
cribed by council....
treasurer
143
of notice relative to-plats, diagrams
and estimates for public im-
provements...
151
of notice of confirmation of assess-
ment rolls
154
197
PRESIDENT OF THE COUNCIL,
appointment and
of ordinances and evidence of..
of notice of school election..
205
•
206
confirmation
of..
13
of annual statement of fire and wa-
ter commission
228
to preside in absence of mayor.
may summon meetings of council in
13
of proceedings of light and power
commission
236
•
•
..
•
•
case of absence or inability of
mayor
28
of by-laws, etc., of light and power
commission
238
•
.. •
duties of
81
when to be member of board of re-
view
139
by light and power commission of
rates, charges, rules and regu-
lations
243
PRESQUE ISLE PARK, grant to the
city
PRISONERS, employment of by or-
der of council
265
PUBLIC BUILDINGS, to be lighted
by light and power commission.. 242
PUBLIC ENTERTAINMENTS,
council to regulate and license..
33
PRIVATE PROPERTY, see appro-
priation of private property.
may be taken by fire and water
commission
221
PRIVATE SESSSIONS of council on
appointments
40
·
•
PROCEEDINGS
of council and
boards, see minutes.
before justices for violations of laws
and ordinances
to be liberally construed.
•
•
• •
177-131
128
•
123
PROCESS, against city, how served.. 187
neglect of officer to execute..
PROOF of by-laws, ordinances, etc... 44
of publication of ordinances..
PROPERTY, of city, under manage-
ment and control of council..
(4th) 28
PUBLIC HEALTH. Chap. X., Secs. 95-99
see board of health.
hibit, restrain or license... (4th) 28
PUBLIC IMPROVEMENTS, how
how special assessment roll made.. 152
see special assessments.
at joint expense of city and prop-
156
erty
change of grade, etc., in streets..... 157
renewal at joint expense of city and
property
•
PUBLIC MONEYS, resolutions invol-
ing expenditure to be approved
by mayor......
157
205
·
28
28
•
taxable for city purposes..
33
council may direct deposit in bank 33
PUBLIC PEACE and good order,
appropriation of for public use 51, 77, 107
title to vest in city....
190
PROPERTY OWNERS, petition of
for public improvements
151
liable for injuries, see damages.
PROPOSALS, for contracts, controller
council to preserve
PURCHASE, by city at sales of lands
for assessments
QUALIFICATIONS
city elections
at school elections
(1st) 28
159
•
of electors at
•
to advertise for
c80
of officers, eligibility
4
a206
14
PUBLIC HOUSES, council to pro-
made
151
INDEX TO CITY CHARTER AND BOARD ACTS.
245
20
གྶལྕ
23
39
42
79
clerk of council
•
223
79
SEC.
No.
SEC.
No.
QUARANTINE, council may estab-
lish
QUORUM, of council, majority of
whole
RECORDER (continued).
96
28
less than a majority may adjourn. 28
fire and water commissioners, a ma-
jority...
211
to issue dog tax tags and counter-
sign receipts..
165
compensation to be fixed by council 178
to perform duties of township clerk. 194
to present ordinances to mayor for
approval
•
201
·
..
majority of light and power com-
mission..
RAILROADS. council to determine
routes and grades and regulate
use of locomotives, etc....(10th) 28
to maintain street crossings and
bridges
REAL ESTATE, sale of for taxes..
for special assessments
RECOGNIZANCE before justices of
235
to certify presentation of ordinances
to mayor and time of return.... 202
to certify approval or objections of
mayor to ordinances
202
160
to
to report to council ordinances ob-
jected to by mayor..
authenticate and record ordi-
202
•
nances
204
147, 149
159
the peace
forfeiture of
RECORDER, election of
term of office of...
to give notice to persons elected to
office
to certify election of justices of the
peace
•
•
to notify county clerk of vacancy
in office of justice of the peace.
to sign annual statement..
to sign bonds and deeds.
general powers and duties of....
statutory powers of township or
city clerk
122
122
2229 2
to certify publication of ordinances.. 205
to record annual statement of fire
and water commission
RECORD, of streets, highways, etc..
of claims against city..
of officers and employes..
of controller's reports
•
•
37
cemetery, to be kept by recorder.. 105
of proceedings and judgment of jus-
228
...
79
d80
180
tices
127
•
D
of ordinances
RE-ENACTMENT, of ordinances af-
204
ter veto
201
•
how revived..
203
constitute
•
•
79
to keep record of proceedings of
council
79
to keep record of claims allowed
and disallowed
79
REGISTER OF DEEDS, to record
and discharge notices of lien.... 155
REGISTRATION, boards of, who
aldermen members of board of.
vacancies in board, how filled
notices of, general law to govern..
new wards, duties of boards..
unlawful to vote unless registered..
re-registration in 1894, 1898, 1892,
6
• •
6
6
•
7
8-9
10
•
to draw and sign orders on the
treasurer
etc..
10
79
to keep account of funds on which
orders are drawn
unlawful placing of names on reg-
isters
11
79
to keep seal, documents, etc..
79
to countersign and register licenses 79
to make and certify copies of pa-
pers, etc.....
222
79
authorized to administer oaths and
take acknowledgements
79
subject to direction of mayor and
council
office hours of
may appoint deputy how..
•
22%2
• . •
•
105
to keep the cemetery record.
notice to of sidewalk injuries.... 132
to record proceedings of board of
review
REPORT, controller's annual..
180
•
street commissioner's monthly
82
•
139
treasurer's, monthly
87
to give notice of plats, diagrams
and estimates for public im-
treasurer's, quarterly
87
justices, monthly
91
provements
151
•
to give notice of confirmation of as-
sessment rolls
154
• •
by inn-keepers, etc., of sick persons 97
by physicians, of infectious diseases 97
RESIDENCE, of electors
5
to procure dog tax tags..
164
of officers, change of vacates office 14
city registration books to be fur-
nished for school elections......b206
REGULATIONS, park and cemetery
commission to make
fire and water commission to make 230
light and power commission to make 238
to be adopted, recorded and pub-
lished by light and power com-
mission
REMIT of fines by council
REPAIRS, of buildings, under super-
vision of controller
238
•
123
d80
RE-PAVING, of streets, payment for 157
104
246
INDEX TO CITY CHARTER AND BOARD ACTS.
SEC.
No.
SEC.
No.
RESOLUTIONS, involving expendi-
ture of public money to be ap-
proved by mayor
28
SCHOOL DISTRICT No. 1 (con-
tinued).
compensation of inspectors
..d206
RESTAURANTS, council to regulate
general laws to govern..
•
e206
and license
..(27th) 28
territory and corporate name of dis-
REVIEW of assessments, by board
trict
253
of review
139
successor of former district.
254
·
RIOTS, marshal to suppress.
85
former district abolished
255
SALARIES, see common council.
SCHOOL ELECTIONS
206
• •
SALES, power of treasurer to make
for taxes
SCHOOL TAXES, trustees to certify
87
to council
148
for taxes, legal effect of..
150
•
of land on foreclosure of assess-
ments
SEAL, corporation may have and alter 1
fire and water commissioners may
159
have and alter
207
...
city may purchase at..
159
•
•
light and power
commission
may
of lands to enforce payment of water
rates
have and alter
233
220
SECURITY, controller, treasurer and
SALOONS,
council may prohibit
marshal to give....
20
opening on Sunday
council to regulate and license. (27th)
SAVING CLAUSE
SCHOOL DISTRICT No. 1, controller
to countersign bonds, orders, li-
censes, deeds, etc....
(3rd) 28
justices to give
91
..
28
195
•
for costs may be required by jus-
tices......
118
city attorney to advise when..
80
accounts against to be audited and
allowed by controller
controller to inspect and inventory
finances, accounts and property
of, and to whom reports must be
made....
a80
e80
to certify to council sums to be
raised for taxes
148
• •
limits of
206
annual election of trustees.
206
trustees to designate place of annual
election
206
when place of election to be open.... 206
elections to be conducted
as in
888888
...
206
graded school districts
notice of time and place of elections 206
inspectors of election
a206
•
president to be chairman of election
inspectors
...a206
elections, qualification of electors..a206
powers of inspectors of election.....a206
vacancies in election inspectors, how
SERVICE, of process, by marshal..
SEWERS, council to direct construc-
tion of sewers, drains, etc......
improvement at joint expense of city
and property
SHADE TREES, setting and regula-
SHOWS, council to prohibit, restrain
or license
•
SIDEWALK INJURIES, when own-
ers of property liable for dam-
ages..
SIDEWALKS, council to prevent in-
cumbering
council to compel clearing of snow,
ice, dirt, etc....
power of council to construct..
council may construct
collection of cost of construction..
council to prevent riding or driving
on
liability of city for injury upon.
claims for injuries upon, how pre-
sented
85
34
156
tion of
..(34th) 28
• • •
(4th) 28
193
..(8th) 28
•
(16th) 28
34
35
36
•
45
132
132
•
• •
•
claims for injuries, how appealed
filled
..a206
to circuit court
133
elections, qualifications of voters at.a206
elections, canvass of votes..
notice to repair
193
• .
a206
liability of property
owners for
•
elections, poll list to be kept..
.b206
•
elections, inspectors to have city
registration books
b206
may prohibit
elections, counting and declaring
vote
.c206
returns how made
..c206
disposition of ballots and boxes..... c206
sidewalk injuries
SLAUGHTER HOUSES, council
SPECIAL ASSESSMENTS, peti-
tions of property owners for
improvements
estimated cost of public improve-
193
.....
(6th) 28
qualification by persons elected
ments
trustees
..0206
roll how made
election, expenses to be paid by dis-
trict
.d206
•
inspectors to be paid same as at city
elections
council to revise and correct.
notice of confirmation of rolls.
confirmation of
d206
presumption of validity
151
•
151
•
152
· · • ·
•
153
·
• •
154
155
155
to pay election expenses from con-
tingent fund
d206
a lien against persons and property 155
notice of lien may be recorded..... 155
INDEX TO CITY CHARTER AND BOARD ACTS.
247
SPECIAL
ASSESSMENTS
tinued).
SEC.
No.
(con-
STREETS (continued).
SEC.
No.
cost of notice to be added to assess-
ment
•
discharge of notice of lien.
•
when not to be held invalid..
proceedings in case of invalidity
when new may be made..
vacating invalid
collection of....
•
suit for collection of.
•
159
159
•
chancery foreclosure of....
proceedings on foreclosure
159
159
155
155
155
• 4
•
158
158
•
158
railroads to maintain crossings and
bridges
liabilities for damages for injuries
160
1
159
• •
184
• •
187
•
·
on sidewalks, excavations, etc.. 193
light and power commission to light 242
SUITS, city may sue and be sued.
by city for special assessments.
double costs against officers.
to be in corporate name of city.
process, how served against city... 187
notice to property owners to defend
injury cases ...
•
193
costs of foreclosure how taxed.... 159
sales on foreclosure
159
by and against fire and water com-
mission
207
•
decree for deficiency on sales.
159
deed and report on sale.
city may purchase at sales.
writs of assistance
159
159
•
·
·
and ordinances
159
collection of on general tax roll....
collected on general tax roll to be
174
paid to city
175
for collection of water rates.
SUMMONS, for violation of charter
SUNDAY, council may prohibit open-
(3rd)
ing of saloons, etc.. on....(3rd)
SUPERVISORS, terms of office of... 16
inspectors of election
220
• •
•
125
•
28
20
collection of..
176
fees of treasurer
SPORTS and entertainments, council
may prohibit, restrain or li-
181
•
powers and duties of.
vacancies in office how filled.
to be members of board of review.
compensation of
88
•
88
D • • ·
139
179
•
cense
•
(4th) 28
STATEMENT, annual statement
of
to make and return to county clerk
jury lists
188
receipts and disbursements
annual statement to be signed and
published
38
see board of supervisors.
TAGS, for dogs, see dog tax.
39
contents of annual
180
to be recorded by recorder..
180
STREET COMMISSIONER, appoint-
ment and confirmation of..
13
U
term of office of....
16
•
•
seat in council meetings and right
to debate
40
powers and duties of..
82
•
to make monthly report to controller
to direct labor performed for poll
tax
82
146
to give notice of time and place of
poll tax labor....
146
compensation to be fixed by council 178
STREET RAILWAYS, council to de-
termine and designate routes,
etc.....
.(10th) 28
council to prevent accidents at street
crossings
(10th) 28
TAXATION.... Chap. XII., Secs. 138-177
TAXES, council may impose on own-
ers of dogs
..
on dogs, see dog taxes.
general powers of council to levy...
to be lien on property taxed...
power of council to assess and col-
lect
•
lien upon premises
to be collected by treasurer.
may be collected for light and pow-
er purposes
•
to become due and payable when... 140
additions for non-payment
140
144
•
fees of treasurer for collection.
council to assess, levy and collect... 145
a lien on property assessed.
limitation on amount
. (14th) 28
33
33
♡ co co co co
36
36
87
100
• • •
•
145
145
•
highway money tax
145
•
interest and sinking fund.
145
•
to pay indebtedness
145
STREETS, council to prevent incum
bering
. (8th) 28
council to establish building lines..
(22nd) 28
•
a debt to city from owners and oc-
cupants of property
147
state and county, a lien on real prop-
• •
general powers of council in relation
to
34
record of..
37
erty Dec. 1st..
147
local, a lien on real property July 15 147
lien on personal property under gen-
eral law......
147
work to be done under direction of
street commissioner
82
to be levied under provisions of gen-
eral law
147
•
improvement of at joint expense of
city and property
156
•
new pavement, etc., of.
157
renewing of at joint expense of city
and property
157
collection of under general laws.
exemption of property from taxa-
tion
proceedings, when tax sales void... 149
when not to be held invalid....
148
• •
150
248
INDEX TO CITY CHARTER AND BOARD ACTS.
SEC.
No.
SEC.
No.
TAXES (continued).
sales, legal effect of...
150
library tax to be spread annually.. 261
special assessments, collected on gen-
eral tax roll
174
assessments collected on general tax
roll to be paid to city..
175
fees of treasurer on collection.
for fire and water commission.
for light and power commission.... 246
judgments against Peter White pub-
lic library to be spread on tax
roll
181
•
215
•
TREASURER (continued).
authority conferred by warrant of
controller
powers to enforce collection of taxes 87
to settle annually or oftener with
common council and boards..... 87
to give notice of receipt of tax roll.. 140
to return tax roll to controller..
tax roll to be delivered to..
87
142
142
to receive and collect taxes upon roll 142
to pay county treasurer state
state and
county taxes
142
259
failing to give security, council to
may be raised for library building
on vote of electors
appoint city collector
142
262
TAX ROLL, controller to make..
spreading of local taxes and assess-
140
• • ..
to give notice of receipt of tax roll. 143
percentage for collection of taxes.. 144
when to collect taxes..
144
..
ments
140
to have powers of township treas-
warrant to be annexed to..
140
urers
144
140
•
140
256
2
to be delivered to treasurer.
notice of receipt to be published by
treasurer
TERMS OF OFFICE, of city officers
16, 17, 18
of park and cemetery commissioners 101
of fire and water commissioners.... 207
of light and power commissioners... 233
of trustees of Peter White public li-
brary
TERRITORY INCORPORATED
THEATRES, council to prohibit, re-
strain or license exhibitions at
(4th) 28
TIE VOTE in council, mayor may
vote
TITLE, ordinances to have..
•
to be treasurer of light and power
commission
VACANCIES, in board of registra-
tion, how filled
in board of election inspectors, how
filled
VACANCIES IN OFFICE, removal
to settle with county treasurer......
to report to recorder payment of dog
147
taxes
•
163
to receipt and report dog taxes. 163
fees of..
•
178
fees of on collections
181
•
•
235
to be treasurer of Peter White pub-
lic library
not to pay library money except on
warrants properly signed
260
260
TRUSTEES of Peter White public li-
brary, see Peter White public li-
brary.
1
28
·
6
117
TREASURER, election of..
term of office of..
12
•
• ...
20, 22
16
to give security
20
causes
when to deposit public moneys in
bank
14
33
to be charged and credited
moneys, etc., by controller…….
may employ deputy how
to have custody of moneys, bonds,
etc.....
to keep account of receipts and ex-
with
neglect to file oath of office and give
security to vacate office...
what occasions
{
20, 23
£80
• •
82
•
•
of appointive officers, how filled.. 23
. of aldermen, how filled.
****
23
24
87
penditures
87
when filled by appointment of mayor 26
supervisor, common council to fill... 88
in park and cemetery commission
•
•
• •
how filled
101
to pay money only on proper war-
rants
87
to keep account of taxes and
amounts received for each fund,
board or body..
in fire and water commission how
filled
208
in light and power commission how
filled
234
87
to report to common council quar-
terly of moneys received and
disbursed
of president of light and power com-
mission
235
•
87
VALIDITY OF ASSESSMENTS,
to make monthly detailed statement
to controller
presumptions
155
87
to keep office and books open to in-
spection all week days..
87
...
VEHICLES and carriages kept for
hire, council to license and reg-
ulate
.(32nd) 28
not to discriminate in payments..
to collect state, county, city, school.
and other taxes and assess-
ments
87
VETO, by mayor of resolutions in-
volving the expenditure of pub-
lic money
87
of ordinances by mayor...
•
26
28
201
INDEX TO CITY CHARTER AND BOARD ACTS.
249
SEC.
No.
VICE AND IMMORALITY, council
•
(1st) 28
28
to prevent
VOTE, of members of council.......
VOTERS, see electors.
LO
5
200
VOTING, where electors to vote......
on issue of bonds, see electors.
unlawful to vote unless registered... 10
place of may be changed....
WATER AND FIRE COMMISSION-
ERS, see fire and water com-
missioners.
WARDS, number and boundaries of.. 3
new, duties of boards of registra-
tion....
8-9
WARRANT, of arrest, form of....... 119
WARRANTS, not to be drawn on
funds or appropriations when
exhausted
see orders.
for collection of taxes, see taxes.
for collection of assessments,
special assessments.
SEC.
No.
219
WATER RATES, lien upon prem-
ises..
commission may enforce payment.. 220
sales of land to enforce payment.... 220
council to provide for and preserve
purity..
.(11th) 28
WEIGHTS AND MEASURES, coun-
cil to regulate inspection and
sealing of
. (29th) 29
WITNESSES, may be compelled to
attend upon investigation, etc... 50
130
competency of in city suits..
may be subpoenaed by committees.. 185
WOMEN, liable to arrest for viola-
(
tion of charter and ordinances.. 120
WORDS, interpretation and construc-
tion
127
e80
WORK AND LABOR, in discharge
of fines, etc........
33
see
WRITS OF ASSISTANCE, on sales
for assessments....
159
YEAR, fiscal, of city..
46
•
250 INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
INDEX TO
ORDINANCES, LOCAL REGULATIONS, ETC.
(THE REFERENCES ARE TO SECTION NUMBERS.)
ment
562
•
ACCIDENTS, police to render as-
ABATEMENT of nuisances, see nui-
sances
•
•
• •
SEC.
No.
483
ALLEYS, see streets.
record of boundaries
·
ABUSIVE LANGUAGE, use of….. 392
ACCEPTANCE of Marquette monu-
SEC.
No.
291
profile and description of grade. 293
AMENDMENT of rules of council... 271
AMUSEMENT PLACES, crowds and
loitering near
397
sistance at
c372
ACCOUNT of sales to be kept by
liquors not to be furnished at.
AMUSEMENTS, license of
905
• •
522, 523
auctioneers
509
disorderly conduct and intoxicating
of delinquent personal taxes..
565
liquors at
524
ACTION, see suit.
ANCHORAGE, harbor master to di-
for recovery of damages occasioned
by use of street for building ma-
terials
rect
ANIMALS, see pounds.
449
•
306
•
•
for cost of removing street obstruct-
ions
312
etc...
ADULTERATION OF LIQUORS.. 911
ADVERTISEMENT, see notice.
of sale of articles incumbering
streets
308
of sale to be embraced in special as-
sessments
356
•
AFFIDAVIT of publication, service
and posting of notice to construct
or repair sidewalks
321
•
concerning corpse brought into city 491
ALARM OF FIRE, boxes for..
•
not to be left in streets unless tied.. 309
fastening of to fences, railings, trees,
upon sidewalks
police to impound
· •
police to care for exposed.
cruelty to..
• • •
indecent exhibition of
• ·
313
332
•
•
d372
d372
.
377
390
injury by to trees, shrubbery, etc.... 415
shooting and trapping in parks and
cemeteries....
•
• •
417
immoderate driving in parks, etc... 419
not to be at large..
not to run at large..
•
480
•
530
taking up and impounding animals. 531
fees for taking up and impounding.. 531
record of impounding
691
691
392, 691
sales of impounded
267
how to send in..
penalty for false
ALDERMEN, any three may call
·
special meeting
to be notified of special meetings... 267
term of service of on committees... 269
may order removal of obstructions
533
535
•
disposition of worthless impounded.. 535
owners entitled to net proceeds of
sale of
redemption of impounded
interference with persons taking ani-
mals to pounds
536
540
•
from streets
marshal to serve notices for.
duty to attend meetings of board of
health
308
.c371
544
•
unlawful impounding of
546
•
457
to inspect premises, report nuisances.
and infectious diseases.
462
escape and rescue of, retaking of....
recovery of deficiency on sale of...
trespassing may be taken up and
549
550
impounded
855
may give notice to abate nuisances 483
to make complaint for violation of
ordinance relative to nuisances. 484
may inspect accounts of auctioneers 509
state law for impounding of.... 854-865
proceedings when damage has been
done by
854-865
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
251
BARBERS (continued).
SEC.
No.
SEC.
No.
ANNOYANCE, of persons in streets
and public places
399
ANTI-FUSION LAW
754
APPEAL from fire wardens to council 438
from health officer to council.
from recorder to council
465
• •
525
•
APPOINTMENT of city engineer... 285
of city engineer may be revoked..
APPOINTMENTS, how and when to
be made and presented..
to scald soap cups and lather dishes 488
to disinfect lather brushes and cups 488
BARNS, nuisances prohibited
BARKEEPERS, females as
BARRIERS, around excavations in
streets
•
•
671
917-920
305
287
• •
274
BARROOMS, to be closed at 11 p. m.
BEGGARS, police to report..
BEGGING, prohibited
.a372
•
378
to be filed by recorder and entered
in minutes.
BELLMEN not to be employed by
274
auctioneers...
507
how and when vote taken on con-
firmation ".
275
300
license
•
326
412
•
519
892-894
761
APPROPRIATION of proceeds of
special assessments
AREAS under sidewalks, protection
of......
ARREST, powers of police to make.. 369
ASHES, not to be deposited in streets 307
fire wardens, to direct deposit of.... 425
place of deposit of..
deposit of in streets, parks, and pri-
vate premises
ASSAULTS, in streets and public
places
AUCTIONEERS to be licensed.
license fees of
BELLS, on vehicles drawn by animals 874
on bicycles. etc....
BERRIES, may be peddled without
BETTING AND GAMING..
BETTING on elections
on nominations, appointments, etc 762-763
BICYCLES, riding on sidewalks.. 412
bells on....
412
•
429
BILLS for electric service, when and
where payable
733
468
•
BIRDS AND NESTS, destruction of
3.99
in parks and cemeteries..
BLINDNESS, prevention of in newly
417
504
born
•
834
505
505
BLOWING OF WHISTLES. 405, 406
penalty for....
• • •
407
506
506
•
•
BOARD OF FIRE AND WATER
COMMISSIONERS, rules and
506
•
restrictions of
683-691
not to employ bellmen, cryers, etc.. 507
not to sell goods obtained from mi-
permit of to tap water pipes.
683
687
nors
•
to execute bond to city.
sales by unlicensed
• •
manner of conducting business.
penalty, violation
512
•
•
508
not to use deception and fraud.. 508
to keep account of sales...
509
not to sell in streets without permit 510
license may be revoked by council.. 511
may be committed for violation of
ordinance
AWNINGS, material and manner of
to examine buildings
when to require bonds to insure
payment of wages and materials
BOARD OF HEALTH, regular and
special meetings of
778-780
457
construction
328
...
BADGE of marshal
.e371
all meetings of council deemed meet-
ings of board of health.
457
may summarily call meetings.. 457
duty of aldermen to attend meetings
called by mayor
•
•
457
of police.
£371
allowance by of claims concerning
BICYCLES, use of in streets..
412
contagious diseases
464
BALL PLAYING, games and sports
in streets
387
may modify or revoke regulations of
health officer
.465
BALLOT, proof copy of....
753
names of candidates not to be dupli-
cated on
754
•
558-559
form of at elections for borrowing
money
BANNERS. hanging of in streets.... 305
BOARD OF ELECTION COMMIS-
SIONERS, see election commis-
sioners.
•
BARBERS, rules for observance by. 488
to keep rules posted in shops.... 488
to keep hands in sanitary condition.. 488
to disinfect razors, scissors and
tools used
D
488
to use fresh towels and napkins.... 488
to use powder blowers and atomi-
zers
• •
•
488
to inquire into and summarily abate
nuisances
laws governing
may provide free vaccination..
BOARD OF SUPERVISORS, pres-
entation to of claims in relation
to of contagious diseases..
BOARDING HOUSE KEEPERS,
464
to report dangerous diseases... 822
BOATS, loosing or removing
931
425
286
a371
·
472
505
•
529
•
•
BOILERS. fire wardens to direct con-
struction and care of.
BOND of city engineer
of marshal
on permit for slaughtering
of auctioneers to city
of poundmasters
•
•
484
781-834
829
252
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
BOOKS, see Peter White public li-
SEC.
SEC.
No.
No.
BONDS required of contractors for
BURIAL PERMIT to be issued by
construction and repair of build-
recorder
492
ings and public works
BONFIRES, in streets and
778-780
..
• •
near
for persons dying outside city.
for removal of corpses
490
..
490
buildings
428
affidavit of death concerning corpse
brought into city
491
brary.
to be deposited with sexton
BURIALS, when unauthorized in cem-
493
•
291
eteries
501
523
· •
392
BUSINESS, transaction of in parks
'and cemeteries
421
prohibited
471
519
268
•
•
272
BOUNDARIES of streets and high-
ways to be recorded
BOXING MATCH, license fee for..
BREACHES OF THE PEACE..
BRIBERY of delegates to conventions 748
BRIBERY and corruption at elec-
tions
755-760
BRIDGES, police to report defects in. a372
'defects in to be reported by mar-
BUTCHER SHOPS, nuisances in
BUTTER, may be peddled..
BY-LAWS, to be referred
record of
originals to be filed with recorder.. 272
proof of publication of
•
272
272
authentication of..
CABLES, laying and hanging of.. 305
CANDIDATES, names of to be fur-
nished by party committees.... 753
to notify election commissioners in
respect to ballot
expenditures by
• •
CANVASS and return of elections on
borrowing money
•
shal
construction of to be under direction
of common council, and in charge
of city engineer
d371
289
BUILDING MATERIAL,
use of
street for
•
304, 306
owner liable for damages.
BUILDINGS, moving of, permit, pre-
306
D
754
.
cautions, etc
310
775
not to be erected upon streets, side-
walks or public grounds..
material and manner of construction
of awnings
312
•
561
..
328
of....
470
signs, merchandise, etc., in front of 329
use of cesspools with
•
341
to be assigned street numbers..
injuries, to be reported by marshal.d371
lights out, to be reported by mar-
343
CARTS for swill, garbage, etc.
CASINO, license fee of
476
523
shal......
police to report dangerous
..d371
•
CATCH BASINS, material and man-
ner of construction
CAUCUSES AND CONVENTIONS.
672-676
a372
•
736-744
scaffolds and staging how to be
erected
386
CARCASSES of animals, disposition
in fire limits, scuttles and stairways 426
use of open lights in...
erection of in fire limits.
•
repairs to in fire limits..
430
433, 434
435
>
removal in and into fire limits..
436
• · ··
raising and enlarging of in fire lim-
its
436
fire wardens to raze when.
440
CEMETERIES, digging in and injury
to trees, shrubbery, flowers, etc 415
defacing and injuring monuments,
signs, fences, etc....
fires, fire-arms, disturbances
drunk and intoxicated persons.
shooting and trapping animals
destroying of birds nests in..
nuisances in....
416
·
417
•
• · •
417
• •
•
417
417
418
•
plans and permit for erection of in
fire limits
442
deposit of garbage, refuse, etc., in.. 418
immoderate driving in
419
use of vehicles in..
419
in fire limits, stand-pipes and lad-
ders required
442
inspection, disinfection and condem-
signs. stands and structures in.
distribution and posting of hand bills
420
• •
•
in....
420
nation of by health officer..
458
sales of merchandise in
421
nuisances prohibited
471
access to for examination by water
commissioners
687
subject to examination of officers
business, trade and traffic in..
sports, shows and entertainments in 421
removal permits to be filed with sex-
421
•
}
ton
493
and employes of light and power
commission
731
sextons to keep burial register and
•
moving, notice of to superintendent
of electric station
certify weekly to recorder...
494
location of
496
732
public, not to be used until inspected
and approved
burial lots in, and regulations of.
497
unauthorized burials in
501
776
trespassing in..
501
•
hotels, etc., inspection of..
777
conduct and behavior in
501
BURIAL GROUNDS, see cemetery.. 496
BURIAL LOTS, property in
497
defacing and destroying monuments,
fences, trees and ornaments.... 501
subject to regulations
497
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
253
SEC.
No.
SEC.
No.
CERTIFICATE of sale for assess-
CITY ENGINEER (continued).
ments
360
of redemption from sale..
364
to require rigid performance of con-
tracts
289
•
•
by health officer of
recovery from
contagious disease....
461
to make monthly reports in writing
to council
289
...
by poundmaster of taking up ani-
• •
mals
CESSPOOLS, when under control of
533
to certify estimates of work to coun-
cil and controller
289
health officer
341
to perform all services required by
council
289
•
use of, when prohibited
342
·
•
CLAIMS, to be referred unless other-
CHALLENGERS, political parties to
wise ordered..
268
•
•
have
745
CHARTER, publication of
..
CHARGES, against officers..
proceedings on
CHILDREN. lost, to be reported by
277
280-284
947
marshal
.d371
•
police to report when lost.
a372
•
·
not to be in streets nights..
education of and punishment for
398
•
•
warrant for
..
on account of contagious diseases... 464
for fees for taking up animals..
against light and power commission,
how verified and filed..
for services by reserve police..
COASTING, on sidewalks and streets 409
COLLECTION of special assessments,
fees of treasurer for
350
•
533
718
942
• •
·
350
•
•
truancy
844-850
truant or disorderly
851
of special assessments and return.. 351
extension of time
353
use of indecent and insultinglan-
guage in presence of
CHIMNEYS, fire wardens to direct
883
of special assessments by suit.
COMBUSTIBLE MATERIAL care of 428
COMMITTEE, on streets to make
354
construction and care
CHOLERA, remains of persons dying
with, not to be brought into city 485
persons sick with, not to be brought
into the city
425
• •
•
485
·
districts
·
CIRCUS, license of..
property
infected with not to be
brought into city
persons and property from infected
permit for entry of persons and
property from infected districts. 486
CHURCHES, crowds and loitering
near
CIGARETTES, furnishing of to mi-
nors...
description of streets..
COMMITTEES, of political parties,
duties
COMMITMENT
of offenders for
non-payment of fines and costs. 937
COMMON COUNCIL, see board of
292
!
752
485
..
health.
486
special meetings, how called...
proof of notice of special meeting.. 267
standing committees of and how ap-
267
pointed
269
•
397
522, 523
order of business at regular meet-
ings ...
270
•
when motions and resolutions to be
in writing
270
·
881
CIGARS, furnishing of to minors..
881
CINDERS, deposit of.....
468, 469
CITY, official map of...
290
when lots to be bid off to..
357
proceedings, how governed
parliamentary practice of
ordinances and by-laws to be re-
corded and filed with proof of
publication
271
•
•
•
• •
932, 946
272
CITY ATTORNEY, to assist in inves-
tigation of charges against offi-
regular meetings
266
business to be referred
268
cers
284
annual regular meeting
276
marshal to serve notice for.
may inspect accounts of auctioneers 509
to act as counsel on behalf of the
people under pound act........ 865
CITY CEMETERY, location of..
CITY ENGINEER, when may be ap-
pointed
.c371
•
to
order investigation of charges
against officers....
278
•
employment of counsel
278
496
•
may revoke appointment of city en-
gineer
287
285
to declare when city engineer is nec-
essary
285
to file oath and bond
286
•
term of office and revocation of ap-
pointment
to approve appointment of city en-
gineer
285
•
287
compensation prescribed by council 288
duties of......
to fix compensation of city engineer 288
to direct city engineer
289
289
to make surveys, plats, etc..
to assist treasurer, attorney, street
commissioner, etc...
289
•
•
duty in relation to streets and high-
ways....
292
289
to have charge of street and sewer
contracts, etc....
289
to cause profile and description of
grade of streets to be filed...... 293
may direct planking, macadamizing
or paving of streets
295
254 INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
SEC.
No.
SEC..
No..
COMMON COUNCIL (continued).
to direct how street improvements be
made
improvements by at charge of pri-
COMMON COUNCIL (continued).
when to require bonds to insure pay-
295
to
vate property
296
ment of wages and materials 778-780
provide pounds and appoint
poundmasters
855
•
may rebate special assessments.... 299
may extend warrant and time for
collecting assessments
may direct suit for recovery of as-
sessments
may grant permission for building
material in streets
may authorize digging in streets,
planting of posts, hanging of
signs, banners, etc..
parlimentary practice of..
932
appointment of regular and reserve
302
•
police
940
303
to fill vacancies in regular police
from reserve force
944
rules of parlimentary practice of,
304, 306
adopted
946
305
permit of to dig and remove earth
council
from streets, etc....
307
permit for moving buildings..
310
to order construction or repair of
sidewalks by owners and occu-
pants
made, filed, etc....
• •
320
•
•
322
•
regulations
against poundmasters
942
•
· • •
277
•
450.
448
551
may construct, repair and collect
cost of sidewalks
special assessments for construction
or repair of sidewalks.. 323, 325
may direct suit for collection of as-
sessments
to authorize number of police..
may amend or revoke rules of mar-
shal....
354
·
·
367
.b371
383
may permit discharge of firearms,
fireworks, etc....
may permit, landing, manufacture
•
and transportation of explosives 394
action on appeal from fire wardens. 438
confirmation of harbor master.
447
to fix compensation of harbor mas-
ter....
allowance and payment of claims
concerning contagious diseases.. 464
465
•
447
COMMUNICATIONS, to be referred 268
COMPENSATION, of city engineer.. 288
COMPENSATION of police fixed by
of reserve police, how paid..
COMPLAINT against officers, how
to harbor master
by harbor master for violation of
368.
against truant or disorderly child... 852
COMPULSORY
EDUCATION of
children and punishment of tru-
ancy
CONCEALED WEAPONS
844-850*
875
522*
CONCERTS, license of....
CONDUCTORS of railroad cars to re-
port arrival of sick persons..... 459.
CONFIRMATION of appointments,
how and when vote taken.... 275
CONSTABLES, to take up and im-
·
pound animals and poultry.. 531
fees for same
531
to retake escaped and rescued ani-
mals....
549**
854-865、
934
•
duties under state law for impound-
ing of animals
•
•
• • • •
fees of in criminal cases..
CONTAGIOUS DISEASES, see health
officer.
appeal to from health officer..
may revoke license of auctioneer.. 511
may reverse refusal of recorder to
license entertainments
•
525
to designate pounds
528
to appoint poundmasters to serve
during their pleasure
arrival of persons afflicted with, to
be reported
459,
529
persons afflicted with, when to be
to approve bonds and fix compensa-
tion of poundmasters
529
may designate limits for running at
large of animals
confined
461
aldermen to investigate and report.. 462
duties of health officer to provide
•
531
concerning
463
may order release of impounded ani-
mals
542
allowance of bills concerning.
certificate of bills to board of super-
464
•
may remove poundmasters
548
•
action on complaints against pound-
masters
551
to designate place of registration for
election on borrowing of money. 555
to elect board of election commis-
sioners....
751
to appoint inspectors of hotels and
public houses
visors
payment and presentation of bills... 464
persons and property infected with
cholera not to be brought into
city
CONTROLLER, to receive and pre-
sent complaints against recorder 277
to prepare special sidewalk assess-
ment rolls
464.
485.
322*
777
•
duty of in respect to fire escapes in
hotels and public buildings.
to prepare and submit to council
special sidewalk repair assess-
777
ment roll
325
3
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
255
SEC.
No.
SEC.
No.
CONTROLLER (continued).
DEATH, affidavit of
concerning
warrant of for collection of special
assessments
350
marshal to serve notices for.
to allow and report fees for taking
up animals
c371
· •
bodies brought into city
DEATHS, registration of .... 836-842
DECEPTION and fraud by auction-
491
eers
508
•
533
to draw order for proceeds of sale of
animals
DEED, on sales for special assess-
ments
361
536
366
•
to furnish poundmasters books, pa-
pers and supplies
538
•
550
•
to examine books of poundmasters
monthly
935
538
•
•
565
of
to keep delinquent personal tax ac-
count
CONVENTIONS and caucuses 736-744
CONVENTIONS, delegates, proxies
and bribery at
746-749
307
•
CORDWOOD, not to be placed in
streets
• •
CORNICES, of buildings in fire limits 433
CORPSES, burial and removal of.. 490-5
COSTS, see penalty.
of sale to be embraced in assess-
ments
356
offenders to be committed for non-
payment of
937
fenders
• •
on purchase of city's interest.
DEFICIENCY on sale of impounded
animals, recovery of....
DEFINING of offenses
•
DELEGATES to conventions... 746-749
DELINQUENT personal taxes, record
DEPOSIT of rubbish, filth, etc.
565
307, 468, 469
DESTITUTE PERSONS, police to
report
....a372
DIGGING in streets, when unlawful. 305
permit for must be first obtained.... 305
to be under direction of street com-
missioner
how to be done and left.
in parks and cemeteries..
DIRT, deposit of in streets, etc..
·
• •
305
305
415
307, 468, 469
DISCLOSURES, by persons found in-
toxicated....
•
DISEASES, duty of health officer in
relation to......
COUNTY, presentation to of claims in
relation to contagious diseases.. 464
CREDIT, of labor on sentence of of-
..
CRIME, police to prevent..
•
punishment for, section titles.
CROSS-WALKS, not to be disturbed
or torn up
to be at the expense of city.... 397, 301
CROWDS, unlawful upon sidewalks. 331
for unlawful purposes
when an annoyance prohibited.
disturbance by, prohibited
loitering in, or streets..
CRUELTY to animals
•
CRYERS, not to be employed by auc-
tioneers
CULVERTS, defects in to be reported
by marshal
908
•
939
48
1
369
921
to be reported by marshal to health
officer
.c371
305
brought into city
laws relative to....
392
•
•
392
property infected with, not to be
DISINFECTION, health officer to re-
quire
DISORDERLY
460
814-824, 830-833
458
CHILDREN, who
392
deemed
851
397
complaints against
852
377
•
DISORDERLY CONDUCT, defined
and punished
392
507
...
in cemeteries
501
DISORDERLY
HOUSES, keeping
.d371
and being inmate of.
police to report defects in.
a372
• •
375, 391, 877, 878
CURIOSITIES, license of
522-3
•
DISORDERLY PERSONS
877, 880
CURTAINS and screens, when to be
removed from saloons
916
DAMAGES, to streets
streets in moving
buildings
310
DANGEROUS DISEASES, (see con-
DISTURBANCE, police to quell. 369
of religious meetings
prohibited
DITCHES, construction of in streets 305
DOCKS, harbor master to protect use
•
380
392
tagious diseases).
463
....
laws relative to......... 814-824, 830-833
DANGEROUS EXPLOSIVES, land-
ing, manufacture and transpor-
tation of
DAVIS SEWER SPECIFICATIONS
of
limits of in harbor.
• •
•
:
• ·
construction of in harbor
449
•
453
1
454
394
DOGS, police to report unlicensed....a372
vicious, notice to owner to kill...... 866
DOG SLEIGHS, on sidewalks and
566-682
streets
•
DRAINS, see sewers.
laying of in streets..
•
468, 469
DRIVING, immoderate
470
DEAD ANIMALS, deposit of in
streets, parks and private prem-
ises
disposition of..
• •
DEAD, bodies of the, burial and re-
moval
490-5
•
409
•
• •
305
384, 419
DRIVERS of public carriages.... 869-870
of public carriages to make horses
fast
•
872
256 INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
SEC.
No.
DRUGGISTS, penal provisions of law
in relation to
•
898-916
DRUNK or intoxicated persons...... 879
DRUNKARDS, sales of liquors to... 903
DRUNKENNESS prohibited
in parks and cemeteries
378
...
417
DUALINE, landing, manufacture and
transportation of....
394
DWELLING HOUSES, use of vaults
with
475
•
EARTH, not to be placed in or re-
moved from streets
307
quired
D
468
• •
EDUCATION of children, and pun-
· •
•
844-850
519
to
558-9
751
561
•
556
•
deposit of in streets, etc.
ishment of truancy
EGGS, may be peddled..
ELECTION COMMISSIONERS,
prepare ballots
to be elected by council.
ELECTIONS, canvas and return of on
borrowing money
notice of on borrowing money.
conduct of for borrowing money... 557
commissioners to prepare ballot for
750
election on borrowing money.558-559
general laws applicable
challengers, political parties to have 745
offenses against
unlawful solicitation
FALSE ALARM OF FIRE.
FARE, paying of on street cars.
FAST DRIVING, in streets, etc..
in parks and cemeteries
FARM PRODUCE, may be peddled. 519
FEES, to be paid by hawkers and
·
lights
•
in streets, etc....
SEC.
No.
ENCROACHMENTS (continued).
removal of from streets, etc..
312
on sidewalks
326
ENTERTAINMENTS, see public en-
tertainments.
...
penalty
. • •
•
etc..
license fees for
ESCAPE of persons
of offenders from custody.
EVIDENCE, pound record
EXCAVATIONS in streets, permit re-
to be provided with barriers and
EXCREMENT, deposit of in streets,
EXHIBITION, indecent, of animals.. 390
523
under arrest,
373
•
938
534
•
305
305
•
307
371, 468, 469
license for..
522
EXPLOSIVES, not to be fired with-
out permit....
383
landing, manufacture and transpor-
tation of
394
392
• • • •
403
• ·
384
• ·
419
755-760
• •
in polling
rooms
774
•
•
peddlers
515
betting on
761
• •
•
ELECTRIC CIRCUITS, electro mo-
tive force of.....
7.24
license of public entertainments...
for taking up and impounding ani-
mals..
523
•
531
ELECTRIC LAMPS, types of bases
and sockets for
725
ELECTRIC LIGHTS, users to report
to treasurer
for taking up animals, how paid.... 533
collected by poundmasters to be paid
536
number and candle power of... 726
permit for use of....
726
use of greater candle power than au-
thorized
to be charged by poundmasters.. 539
of treasurer on collection of special
assessments
350
•
of justices of the peace in criminal
cases
•
waiver of damages, etc...
bills for, when and where payable.. 733
penalty for failure to pay..
730
733
may be discontinued for failure to
pay bills
727
use of more lamps than authorized. 727
permit required for change of loca-
tion or candle power..
728
reduction in number to be reported.. 729
continuous service not guaranteed,
933
of constables in criminal cases..... 934
FEMALES under seventeen years of
age in houses of ill fame, etc.... 877
inducing of to enter houses of ill
fame, etc.....
878
•
917-920
FENCES, injury or destruction of.... 313
FESTIVALS, license of
as barkeepers
522
733
ELECTRIC SERVICE, application
and security for
719
bills for, when and where payable.. 733
penalty for failure to pay....
may be discontinued for failure to
pay bills
733
FEVER, property infected with not to
be brought into city..
FIGHTS in parks and cemeteries..
FILTH, deposit of in streets, etc.
460
417
•
371, 468, 469
733
FINES, see penalty.
ELECTRIC WIRES, rules for wiring 720
not to be tapped without permit..... 721
to be connected only by licensed
offenders to be committed for non-
payment of
937
credit on for labor
939
•
wiremen
722
..
conductivity of fuses
723
FIRE ALARM, false
location of boxes
392
691
•
not to be raised, cut or interfered
with for moving buildings
ENCROACHMENTS, on streets and
how to send in..
691
732
penalty for false
691
FIRE ARCHES, fire wardens to di-
sidewalks, etc., by buildings.... 311
rect construction and care of.... 425
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
257
SEC.
No.
SEC.
No.
FIRE AND WATER COMMISSION,
see board of fire and water com-
missioners..
FIRE ARMS, discharging of.
383
in parks and cemeteries
417
FUSE WIRE, conductivity of.....
FUSION, of parties, ballot law..
GAMBLING rooms and games.
GAMING AND BETTING...
GAMING DEVICES
723
754
894
892-894
379
•
•
FIRE LIMITS, scuttles and stairways 426
seizure of
381
•
boundaries of
432
GAMING HOUSES and rooms.
erection of buildings in..
repairs of partially destroyed build-
1
433, 434
375, 391, 894
381
·
ings
435
381
removal of buildings in and into.
436
raising and enlarging of buildings in 436
construction of sheds in..
437
•
day
441
....
plans and permit for erection of
buildings..
stand pipes and ladders required.... 442
trades and occupations prohibited in 443
storage oil tanks in....
may be forcibly broken into...
arrests in
GAMING, by students and minors.... 904
GAMES, played or permitted on Sun-
•
prohibited in streets
license for
GAMES, unlawful
GARBAGE, deposit of in streets, etc.
382
· • •
387
522, 523
894-896
443
307, 468, 469
FIRE PLACES, fire wardens to direct
476
construction and care of..
425
GAS, police to report leaks of
a372
•
FIRES, police to protect property at.. 369
duties of police at..
.d371
police to give alarms
372
.c372
in parks and cemeteries.
417
•
•
setting of in streets or near buildings 428
FIRE WARDENS, to require com-
pliance with fire laws and ordi-
nances..
GARBAGE carts, use of..
marshal to report leaks of.
GREASE TRAPS, in house sewers... 339
control of street commissioner..
GREENSWARD, disturbing of
GUARDIANS, complaint by, against
•
• •
335
305
truant or disorderly children.... 852
duties of in relation to education of
children
424
844-850
to direct concerning ashes..
429
HAND BILLS, distribution of in
to enter buildings semi-annually..
425
parks and cemeteries
420
to give warning to owners and occu-
pants of buildings
indecent and immoral
481
425
HAWKERS AND PEDDLERS, po-
to see that chimneys, stoves, pipes,
lice to report
.a372'
ovens, etc., are secure..
to examine places of deposit of ashes
and combustibles
425
• •
to procure license
513:
recorder to license
514
425
• •
to give directions in regard to build-
ings and deposit of combustibles 425
to notify council of failure to comply
with orders
license fees to be paid by.
term of license......
515
•
515
516
• •
517
•
425
518
•
•
permit for erection, repair and re-
518
moval of buildings in fire limits. 438
to keep record of permits..
438
FIREWORKS, discharge of without
•
license numbers on vehicles.
to carry and exhibit license.
manner of carrying on business.
not to call out or cry goods..
not to blow horns or ring bells..
HARBOR, blowing of steam whistles
in..
deposits in
•
1
anchoring of vessels in.
moving of steam craft in.
lights and vessels in..
fastening of vessels in.
•
•
•
· •
518
405, 406
•
use of vessels in subject to order of
harbor master
wharf limits in......
444
445
.446
to raze buildings erected in violation
of ordinance
440
to serve notice that stand pipes and
ladders are required on buildings
in fire limits
442
D
446
446
permit
383
FISH, deposit of.
·
•
468, 469
449
may be peddled
519
• · •
453
•
FOOD, sale of impure.
389
• •
erection of structures in..
454
•
•
examination, condemnation and sale
HARBOR
MASTER, appointment,
of
458
·
FOUNTAINS, injury to
416
play of, restricted....
oath and bond of..
appointment of deputy
447
447
•
689
compensation of....
447
FRATERNITY HALL, license fee of 523
FRAUD and deception by auctioneers 508
mayor may remove
447
FRESH MEAT and fish, may be
to enforce laws and ordinances reg-
ulating navigation
448
peddled
-
519
to protect use of wharves..
449
FRUIT, may be peddled..
519
FUNERALS, when health officer to
to regulate anchorage of vessels..
to order removal of wrecks..
449
449
·
direct
458
FURNITURE, destruction of infected 458
to order location of vessels..
may move vessels
449
449
258
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
SEC.
No.
SEC.
No.
HARBOR MASTER (continued).
action of on complaints..
HEALTH OFFICER (continued).
450
neglect ground for removal..
450
>
powers of special policeman.
452
•
HAY, deposit of in streets, etc 307, 468, 469
or county
may be peddled
519
to keep and render account.
laws relative to....
HEALTH, ordinance relative to.. 457-467
HEALTH OFFICER, control
781-834
over
receptacles for sewer drainage,
etc., on streets without sewers.. 340
control over cesspools, drains, etc.. 341
marshal to serve notices for...
.c371
•
458
to be sanitary adviser of board of
health
to learn influences affecting health..a458
to ascertain causes and distribution
of disease
to advise means of preventing dis-
ease
to investigate and advise vaccina-
tion, isolation, etc.....
to provide medical care and nurs-
ing..
to give public notice of danger.
to advertise dangerous sickness and
order closing of schools..
to supervise certain funerals.
to direct disinfection
to remove infected persons, to pro-
vide nurses, attendance
necessaries at charge of persons
appeal from to council.
laws governing
permit by for entry of persons and
and
463
463
• •
•
465
781-834
property from infected districts. 486
permit for removal of corpse..
HEARTHS, fire wardens to direct
492
construction and care of..
425
HIGHWAYS, see streets.
record of boundaries
291
•
•
1
• • · •
·
• •
•
.b458
c458
not to be at large..
•
..d458
in use for six years to be recorded.. 292
profile and description of grade..... 293
HITCHING POSTS, when permitted. 327
HOGS, keeping of
474
480
HORSES, fast driving in streets... 384
HORSES AND TEAMS, loosing or
driving away of
930
.e458
HOSE, use of, for sprinkling..
690
• • • •
.£458
HOSPITALS, establishment of
814
HOTEL KEEPERS, to report dan-
• •
• ·
g458
.h458
gerous diseases
822
HOTELS, inspection of.
777
.1458
HOUSEHOLDERS, to report danger-
•
•
to inspect and condemn premises,
buildings and vessels
ous diseases
822
.j458
HOUSE OF ILL FAME, keeping of,
to enforce safe and sanitary condi-
tions in lodging houses, manu-
facturies, slaughter houses, liv-
ery stables, etc.....
•
..k458
eta..
taking to and receiving girls in……….. 877
enticing females into
HYDRANTS, unauthorized opening
375, 878
878
•
D
of
.1458
...
688
• •
INFECTED PROPERTY not to be
ICE to be removed from sidewalks.. 333
IDLERS, police to report
IMMODERATE DRIVING, in
ILLEGAL VOTING..
streets, etc....
in parks and cemeteries
brought into city
INFECTIOUS DISEASES, see con-
a372
757
384
419
460, 485
tagious diseases..
462
..0458
IMMORAL CONDUCT……….
374-6, 391-2, 877-8, 880, 883
IMMORAL PLAYS, prohibited
376
IMMORAL LANGUAGE in presence
883
876
to determine quarantine
to make regulations for quarantine
and disinfection of vessels and
goods and treatment of sick
persons
m458
to order to quarantine and disinfec-
tion of cars and vessels and con-
finement of infected persons....n458
to prevent introduction of disease,
to quarantine persons, vessels
and conveyances
•
to remove and destroy infected fur-
niture and other property.......p458
to enforce placarding of premises...q458
examine milk and food sub-
stances, condemn and direct de-
struction of unwholesome food
and prevent its sale....
to
.r458
to direct abatement of nuisances, to
cause violations to be punished.s458
to require aid and assistance of mar-
shal
....t458
to report monthly to council.
to direct places of confinement of
persons sick with contagious.
diseases
certificate of recovery from contagi-
ous diseases
461
- 461
of women and children..
IMMORAL POSTERS, etc...
IMPRISONMENT, see penalty.
for non-payment of fine and costs. 937
credit for labor performed....... 939
IMPROVEMENTS, at charge of pri-
vate property
296
IMPOUNDING of animals
•
528, 554
u458
state law for...
854, 865
• •
• •
IMPROPER DIVERSIONS, noise,
riot, false alarm of fire, etc...... 392
IMPURE FOOD, sale of...
389
INCANDESCENT LIGHTS, electro
motive force of circuits....
724
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
259
334
•
381, 393
544
688
879
903
908
382
SEC.
No.
SEC.
No.
INDECENT books and pictures, sell-
LAMPS (continued).
ing of
376
electric, types of bases and sockets
conduct
374-6, 391-2, 876-8, 883
for
725
exhibition of animals
language in presence of women and
children
INJURY to trees, shrubbery, etc., by
animals
390
LANES, see streets.
record of boundaries..
291
•
883
•
415
to monuments, signs, fences, trees,
etc..
416, 501
•
376
•
.d371
•
.a372
INSANE PERSONS, to be reported
by marshal
police to report
•
INSPECTION of public buildings.... 776
INSULTING LANGUAGE, use of... 392
in presence of women and children.. 883
INTEREST, on special assessments. 356
INTERFERENCE with removal of
obstructions
with officers
...
• • •
with persons taking animals to
pounds
with water pipes
INTOXICATED PERSONS
sales of liquors to..
disclosures by
D
INTOXICATING LIQUORS, not to
be furnished on Sunday.
·
places of sale to be closed at 11 p.
profile and description of grade.... 293
LAW OF THE ROAD..
867
LAWFUL AUTHORITY, defined.. 935
LEGAL HOLIDAY, regular meet-
ings of council not to be held.. 266
LEWDNESS, prohibited
LIBRARY, see Peter White Public
Library.
law for the protection of..
LICENSE of auctioneers.
•
713-715
504
505
•
511
513
514-515
• • •
522-3
fees to be paid by auctioneers
revocation of auctioneers..
for hawkers and peddlers.
of hawkers and peddlers..
hawkers and peddlers to exhibit.. 517
of public entertainments..
of Opera House, Casino, Fraternity
Hall and other public halls.... 523
refusal to issue for entertainments 525
appeal from recorder to council.... 525
for entertainments may be revoked
by mayor
525
of electric wiremen.
722
m..
•
•
423, 907
not to be furnished at places of
amusement
524
not to be furnished election days 772, 773
penal laws relating to...
898-916
LIGHT AND POWER COMMIS-
•
·
sion, regular meetings...
special meetings, how called..
claims against, how verified and
filed
716
717
718
sales to minors, drunkards, etc..... 903
not to be furnished students or mi-
nors
not to be furnished in
904
•
amusement
places
905
applications to for electric service. 719
security to for payment of rates... 719
to license electric wiremen..
may revoke license of electric wire-
men
722
•
722
adulteration of..
911
•
•
917-920
·
378
417
branding of barrels, etc..... 912-913
drugged, poisoned or adultrated 914-915
females as barkeepers....
INTOXICATION prohibited
in parks and cemeteries..
INVESTIGATION of charges against
officers
278-284
of complaints against poundmasters 551
JUMPING on and off street cars...... 401
JUSTICES OF PEACE, jurisdiction.
of concerning impounded ani-
mals
be placed at excavations
streets
marshal to report concerning.
police to report concerning..
use of open in buildings..
LIQUOR LAW, penal provisions of
LIVE STOCK may be peddled...... 519
LIVERY STABLES, sanitary con-
when to require bonds to insure
payment of wages and ma-
terials
•
778-780
LIGHTS on vessels in harbor..
to
446
•
in
305
d371
· •
•
a372
•
•
430
898-916
856
fees of in criminal cases..
933
to commit offenders for non-pay-
ment of fine and costs..
937
•
dition of.....
458, 473
LOCOMOTIVES. blowing of whistles. 406
LODGING HOUSES, sanitary con-
•
may suspend sentence, when..
JUVENILE OFFENDERS, appre-
hension and punishment of..851-853
LADDERS, required on buildings in
fire limits....
937
·
dition of..
458
LOITERING, in crowds on side-
walk
331
442
LOOSING or driving away of horses
•
LAMP HOLES, materials and man-
ner of construction...... 670-671
LAMPS, lighting, extinguishing and
injury to....
and teams
930
of boats from fastenings..
931
LOST CHILDREN, to be reported
414
by marshal......
..d371
use of in stables, etc..
430
LOTS to be assigned street numbers 343
260 INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.

...326, 334
328
to be chief of police..
bond of..
SEC.
No.
MACADAM, how to be laid in streets 295
not to be disturbed or torn up..
MAINTENANCE of political purity
...
305
764-773
MALFEASANCE, complaint against
officers for.......
MANHOLES, materials and manner
of construction..
MANUFACTORIES, sanitary
dition of... . . . .
..664-669
MARSHAL (continued).
to visit saloons weekly and enter
complaint......
fees of in criminal cases..
serve police
complaint by, against truant or dis-
SEC.
No.
909
• •
•
• • • •
934
may require active service by re-
.. 277
!
942, 943
orderly children.....
852
con-..
MAYOR may call special meetings
458
of council..
267
475
to be notified of special meetings
of council....
267
..
290
to refer all business presented to
council unless otherwise ordered
by three-fourths vote.
268.
to appoint standing committees of
council and committee, chair
men
269
•
use of vaults with..
MANUFACTURE of explosives.... 394
MAP, recorder to procure official
map of city..
MARQUETTE MONUMENT, ac-
523
ceptance and protection of.. 562-564
MARQUETTE OPERA HOUSE,
license fee of..
MARSHAL, duties of on investiga-
tion of charges against officers. 284
when to advertise and sell articles
obstructing streets
•
308
to cause removal of encroachments
on streets.....
312
duty to enforce street ordinance.. 315
to give notice of and to remove ob-
structions and encroachments
on sidewalks.
notice by to remove improper awn-
ings
to authenticate record of ordinances. 272
appointments to be in writing and
presented at regular meeting of
council....
when to appoint city engineer.
with council may revoke appoint-
ment of city engineer...
may order removal of obstructions
from streets
274
285
•
287
..308, 312
to execute deeds on assessment
sales
361
to execute deed of city's interest... 366
may appoint and swear in special
367
police
370
• •
.a371
to make rules
for government of
police and watchmen..
to serve papers and notices for city
officers
in absence of marshal to designate
chief of police...
371
*
b371
may amend or revoke rules of mar-
shal
b371
c371
marshal to serve notices for..
.c371
to notify health officer of diseases
and nuisances.
.c371
may permit discharge of firearms,
fireworks, etc...
383
to report bursted water pipes,
clogged sewers, defective side-
to appoint harbor master.
447
walks, etc...
d371
when may remove harbor master.. 447,
may call special meetings of board
uniform and badge of..
e371
•
absence or disability of..
371
of health..
when to call special meeting of board
457
•
may break into gaming houses..
381
may arrest without warrant per-
sons in gaming houses.
381
of health
may inspect account of auctioneers 509
may permit auction sales in streets
465
may seize and destroy gaming de-
vices
etc
510
381
to arrest persons coasting, etc...... 411
to assist health officer..
to give notice to abate nuisances.. 483
to inquire into and summarily abate
nuisances
•
458
to note revocation of auctioneers'
license
may demand
511
hawkers
and ped-
484
dlers to exhibit license.....
may revoke licenses for public en-
tertainments
517
525
• • •
•
to make complaint for violation of
ordinance relative to nuisances 484
to take up and impound animals
and poultry......
fees for taking up and impounding
animals
proclamation of concerning main-
tenance of political purity..... 772
examination of hotels and public
531
houses
777
531
complaint by, against truant or
disorderly children.....
852
•
·
•
duties under state law for impound-
ing of animals
may require offenders to perform
854-865
labor
938
•
to notify prosecuting attorney of
violation of liquor law..
to certify performance of labor by
902
offenders
939
•
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
261
SEC.
No.
267
•
how gov-
271
276
457
•
•
• ►
•
457
MARSHAL (continued).
may require active service by re-
serve police ...
• •
.942, 943
843
MEDICINE, practioners to be regis-
tered
MEETINGS of council, regular.... 266
of council, special how called..
of council, proceedings
erned
annual regular
▼
• •
of Board of Health.
special, how called.
NOTICE, of special meetings of coun-
cil
...
to officers of taking of proofs..
SEC.
No.
267
279
to street commissioner of digging,
planting posts, etc., in streets.... 305
to remove obstructions in streets.... 308
remove
from
encroachments
to
streets, etc
312
to owners and occupants to con-
struct or repair sidewalks....
to construct sidewalks, service and
posting of
321
4 •
321
regular, of light and power com-
publication of minutes to be..
321
mission
716
of review of sidewalk assessment
special of light and power commis-
sion
roll
323
•
717
to repair sidewalks
324
parliamentary practice..
..932, 946
MENAGERIE, license of..
MERCHANDISE, on sidewalks. 329, 330
piling of against lamp posts..
destruction of when infected.
MERRY-GO-ROUND, license
for
MIDWIVES,
to report concerning
522, 523
to remove improper awnings.
to be served by marshal...
328
•
•
.c371
•
414
of publication of appeal from fire
wardens to council
438
•
·
•
458
•
fee
of danger by health officer.
to abate nuisances
458
• • •
483
•
•
523
of sales of impounded animals.
to be posted on pounds..
535
•
•
554
•
the newly born..
834
•
to be registered
843
of registration and election on bor-
rowing money
556
MILK, sale of impure..
389
to electric station of interruption in
•
.
examination,
condemnation and
service
730
sale of..
458
to owner to kill vicious dog.
866
may be peddled without license..
MINORS, auctioneers not to sell
519
NOISE, improper, prohibited
392
•
•
NUISANCES, substances not to be
goods obtained from....
furnishing of cigars and tobacco to 881
508
deposited in streets
307
encroachments on streets
312
sales of liquors to..
903
police to remove
369
• •
gaming by..
904
to be reported by marshal to health
officer
.c371
not allowed in saloons.
905
•
MISCONDUCT,
complaint
complaint
against
police to report
.a372
officers for
in parks and cemeteries..
418
277
MISFEASANCE, complaint against
when buildings deemed
440
health officer to abate
458
officers for
277
MISSILES, hurling of
399, 408
MOLESTATION,
of persons in
streets and public places....... 399
MONEYS, proceeds of special assess-
ments, how applied..
safe keeping of public..
MONUMENT, to Marquette,
to be reported by aldermen..
deposit of substances in streets and
private premises
disposition of dead animals
in tanneries, slaughter houses, etc... 471
slaughtering of animals
462
•
468, 469
470
D
352
922-929
472
•
livery stables
473
• •
D
•
accept-
ance and protection of..
MONUMENTS, injury to..
keeping of hogs
474
D
•
· •
• •
• •
562-564
privies, vaults, etc.
475
• •
•
a
416
MORTAR, not
not to be deposited in
emptying of vaults
476
notice to abate
483
streets
307
NUMBERS, buildings and lots to
MOTIONS, when to be reduced to
have
343
writing
270
NURSES to report concerning
the
parliamentary practice
932
•
•
MOVING OF BUILDINGS, permit,
newly born
834
OATH of city engineer.
286
precautions, etc....
310
of police
368.
notice of to superintendent of electric
station
of poundmasters
529
732
MUSEUM, license fee for..
523
NEGLECT OF DUTY, complaint
OBSCENE LANGUAGE, use of..... 392
in presence of women and children. 883
OBSTRUCTIONS in streets
against officers for
277
on sidewalks
NINEPIN ALLEYS
895
OBSTRUCTING officers
NITRO-GLYCERINE, landing, man-
OCCUPANTS, of lots to construct and
ufacture and transportation of.. 394
repair sidewalks
304
326
334, 381, 393
320, 324
262 INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
}
SEC.
No.
SEC..
No..
OCCUPANTS (continued).
OVENS, fire wardens to direct con-
to remove snow and ice from side-
walks
333
to remove
obstructions from side-
struction and care of.....
OWNERS AND OCCUPANTS, to
construct and repair sidewalks
.425
walks
334
320, 324
to place street numbers on build-
ings
347
to remove snow and ice from side-
walks
333
to observe orders of fire wardens 425, 440
when not to use buildings without
stand pipes and ladders..
to remove obstructions and encroach-
ments on sidewalks
334
442
to observe orders of fire wardens
to keep premises wholesome..
479
425, 440
to pay expenses of removal of nui-
sances
483
when to erect stand pipes and lad-
ders
442
937
938
• •
OFFENDERS to be committed for
default in payment of fine and
costs
•
when and how may be employed.
credit to for labor performed... 939
OFFENSES against election laws 755, 760
against political purity
definition of
punishment of, not otherwise pro-
vided
PAPER, deposit of in streets, etc. 468, 469
PARENTS, duties of in relation to
education of children
complaints by against truant or dis-
orderly children
SION, when to require bond to
insure payment of
payment of wages and·
to place numbers on buildings..
347
to keep premises wholesome......
479
PANORAMAS, license of
522
844-850-
764-773
935
•
852-
•
PARK AND CEMETERY COMMIS-
936
OFFENSIVE SMELLS, abatement of
468, 469, 478, 479
OFFENSIVE SUBSTANCES, depo-
materials
778-780
PARKS, see public parks.
sit of...
•
468, 469
PARLIMENTARY PRACTICE, rules
•
OFFICERS, how appointments to be
of
932, 946
made, filed and recorded...
complaints against, how made..
274
277
PARTY WALLS in fire limits.
PAVEMENT, not to be disturbed or
434
•
investigation of charges against.
taking of proofs on trial of.
278
torn up.
305.
..
•
279
proceedings on charges against.. 280-284
PEACE, police to preserve..
369
appointment of city engineer..
285
PEDDLERS, see hawkers and ped-
may order removal of obstructions
dlers
513
from streets
308
PENALTY, for non-payment of spe-
may give notice to remove encroach-
ments from streets, etc.
cial assessments
302
312
312
• •
for violation of street ordinance.... 314
324
for neglect to repair sidewalks....
for permitting obstructions and en-
croachments on sidewalks
•
326-
529
548
736-929
922-929
942
•
resistance to
may give notice to abate nuisances 483
obstructing and hindering of 334, 381, 393
may examine peddlers' license......
.. 517
appointment, oath,bond and compen-
sation of poundmasters.
removal of poundmasters
powers and duties of under general
laws
safe keeping of public moneys by..
•
appointment and qualification of
regular and reserve police...... 940
powers and duties of regular police. 941
powers and duties, and compensa-
tion of reserve police..
·
for erecting and keeping awnings.. 328
for placing signs, merchandise, etc.,
on sidewalks
for obstructing or driving upon
for loitering in crowds on
walks
329, 330-
side-
331
sidewalks
332-
for failure to remove snow and ice
from sidewalks
333
for interfering with removal of ob-
structions and
encroachments
on sidewalks.....
334
OIL TANKS, in fire limits.
443
•
•
for violation of ordinance relative to
sewers and drainage
342
OPERA HOUSE, license fee of.
.ORDER OF BUSINESS, of common
council
523
•
for failure to place street numbers
on buildings
347
270
for non-payment of special assess-
ORDINANCES, record of
272
ments
353
originals to be filed with recorder... 272
proof of publication of..
272
for refusal to serve as special police 370.
for neglect of duty, fraud, etc., by
• •
authentication of...
272
policemen
...e372
•
for street construction
295
for resistance to police, escapes and
publication of.....
OVER-LOADED VEHICLES
947
rescues
373:
945
for vagrancy
374
•
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
263
Γι
Q
SEC.
No.
SEC.
No.
PENALTY (continued).
for keeping gaming houses.
for lewdness, 'indecency, etc.
for cruelty to animals....
for intoxication and begging.
for keeping gaming devices.
PENALTY (continued).
375
•
376
for violation of ordinance
to fire limits.
relative
439
377
for violation of ordinance
relative
378
to harbor
451
379
for erection of docks and wharves
for disturbance of religious meet-
ings
380
for resistance to officers seizing
gaming devices....
381
for opening saloons and playing of
games on Sunday...
382
for discharge of fire arms, fire-
works, etc..
383
· • • •
• •
for fast driving in streets.
for furnishing poisons not marked. 385
for use of unsafe scaffolds and
staging
384
•
outside of wharf limits.
for violation of health ordinance
and orders of health officer.... 466
for violation of ordinances relative
to nuisances......
for posting indecent and immoral
bills, pictures, etc..
for posting signs, bills, etc.,
buildings, trees, posts, etc..
for introduction of cholera
455
• •
•
482
•
482
• •
on
482
into
city....
487
386
}
for ball playing and other games
sports in streets.
for leaving doors and gratings
open in streets, sidewalks, etc. 388
for sale of impure and unwhole-
some food.....
for failure by barbers to post and
observe rules
489
387
·
for violation of ordinance relative
to burial and removal of the
dead
495
395
389
for indecent exhibition of animals.. 390
for keeping disorderly and gaming
houses and for immoral and in-
decent conduct..
•
•
•
391
392
for disorderly conduct.
for improper noise, riot, disturb-
ance, false alarm of fire, abus-
ive and obscene language, etc.. 392
for hindering or obstructing officers 393
for landing, manufacture and
transportation of explosives.... 394
for keeping open saloons or permit-
ting persons therein after 11 p.
m..
for unlawful burial, trespass upon
and improper conduct in ceme-
teries
for selling at auction without license
501
504-506
for employing bellmen, cryers..... 507
for sale by auctioneers of goods
obtained from minors, fraud, etc 508
for failure to keep account of sales
by auctioneers
for auction sales in streets, etc.,
without permit
•
for violation of ordinance relative
to auctioneers
509
510
512
for collecting in crowds and loiter-
ing in streets, etc...
400
•
for children in streets or public
places, evenings
400
• •
• •
•
for assaults, molestation and an-
noyance
400
for violation of ordinance relative
to hawkers and peddlers...... 520
for giving unlicensed public enter-
tainments
for violation of ordinance relative
to public entertainments..
for violation of pound ordinance. 552
for injury to statue of Marquette,
522
•
526
$
for going on street railway tracks,
jumping on and off, racing with
or stealing rides upon street
• •
etc..
for waste of water..
564
685
•
for unauthorized interference with
cars
404
for blowing steam whistles..
407
for throwing missiles and use of
sling shots
water pipes, hydrants, etc...... 688
for improper use of sprinkling hose 690
for false alarm of fire..
691
408
for coasting and driving dog sleighs
on sidewalks, etc......
410
for removal or damage to books,
papers and magazines of public
library
706
•
for riding vehicles upon sidewalks
and improper use of
etc
bicycles,
for violation of rules of light and
power commission
734
413
•
•
{
•
for lighting, extinguishing and in-
juring public lamps, etc........ 414
for violation of ordinance for pro-
tection of parks, cemeteries
and grounds
422
·
for violation of ordinance for pro-
tection of property from fire..... 431
for use of overloaded vehicles..
PERMIT of street commissioner for
digging, planting posts, etc., in
streets
•
for offenses not otherwise
vided
pro-
936
for escape or resistance of offend-
ers
938
·
945
305
胄
​264 INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
SEC.
No.
SEC.
No.
PERMIT (continued).
conditions of for digging in streets.. 306
for moving buildings
PETER WHITE PUBLIC
LI-
BRARY (continued).
310
•
no one to lend card or book..
708
for construction of sewer, etc..... 336
for discharge of firearms and fire-
works
books not to be exchanged on the
day taken
708.
383
for landing, manufacture and trans-
portation of explosives
books not to be transferred on cards 708
fines for detention of books.
709-710
394
notice of detention of books..
710
for erection repairs, etc., of build-
ings in..
438
notice to guarantors of detention.... 710-
collection of fines, charges, and val-
for erection of buildings in fire lim-
its
ue of books....
710
442
cancellation of library cards.
711
for slaughtering animals
472
for entry of persons and property
from infected districts
486
490
• •
for burial of deceased person.
for removal of deceased person..... 490
for burial or removal of corpse.... 492
for burial to be filed with sexton.... 493
for auction sales in streets, etc..... 510
application for to tap water pipes... 684
for tapping of electric wires..
for the use of electric lamps..
PERSONAL TAXES, record of de-
linquent
•
suspension of privileges
law for the protection of libraries 713-715,
when to require bonds to insure
payment of wages and material
778-780
PETITIONS, to be referred unless
otherwise ordered by three-
fourths vote
712
268
PHYSICIANS, to report dangerous
721
diseases
823
726
to report concerning the newly born 834
registration of
843
565
PICTURES, indecent and immoral
PETER WHITE
PUBLIC LI-
481, 876
BRARY, rules and regulations
of
692-712
PIPES, laying of in streets..
PLACARDS, on premises,
305
fences,
library free to residents of over ten
years of age
trees, posts, etc......
481
692
at infected premises
458.
privileges of non-residents
who not allowed to take books..
librarian responsible for care
books
library when to be open
use of reading room
693
·
693
streets
• •
of
PLANK, specifications for laying in
sidewalks, how constructed
295
318
• •
694
PLASTER, not to be deposited in
695
streets
307
·
696
PLAYING BALL, and games and
conversation, noise, etc..
696
·
sports in streets
387
dogs not permitted
696
POISONS, to be marked..
385,
•
conditions on which books may be
taken
697
.. ·
·
POLES, planting of in streets.
POLICE, duty to enforce street ordi-
305.
security to be given..
697
nance
315
privileges may be revoked by li-
who constitute
367
·
brarian
697
marshal to be chief of..
367
· •
•
form of agreement of book takers... 697
qualifications of guarantors
698
council
•
library card
699
holders of library cards responsible. 699
notice of lost library card..
number authorized by
pleasure of council
common
367
to be appointed and serve
during
368
699
oath of office of…...
368
notice of change of residence of book
takers and guarantors
librarian to note condition of books. 700
damage to books to be made good... 700
librarian to enforce rules..
writing and marking in books.
699
•
compensation fixed by council.
resignations
368
• •
368.
powers and duties of.
369
to obey orders of chief..
369
700
mayor may appoint and swear in
700
D
special
370
702
703
D
704
•
·
707
708
special privileges, how granted.. 701
application for books, how made.... 702
books to be retained only two weeks 702
renewal of books
use of books in reading room..
reference books not to be taken.
books used only in reading room.... 705
books, papers, and magazines not to
be removed, clipped or defaced.. 706
books subject to recall....
no admittance to book room..
to render assistance to ill or injured
to give alarms of fire..
powers and compensation of special. 370
marshal to make rules for.
.b371
uniform and badge of..
f371
to advise location of streets, hotels,
etc.....
..b372
persons
.c372
..c372
·
•
to secure dangerous places in street.c372
to take up and impound animals....d372
to care for exposed animals.
.d372.
•
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC
265
SEC.
No.
SEC.
No.
372
..a372
• •
• · •
381
• ·
vices
381
..
may arrest without warrant persons
in gaming houses
381
POLICE (continued).
penalty for neglect of duty, fraud,
etc....
..
•
e372
to attend fires on order of marshal.. 372
duties at fires
what to report to marshal.
may break into gaming houses.
may sieze and destroy gaming de-
POUNDMASTER (continued).
compensation fixed by common
council
fees for taking up and impounding
animals
•
529
531
...
531
to take up and impound animals
and poultry
to receive, keep and feed animals.. 532
keep record of animals im-
pounded
what record to show
to
533
• •
533
to prevent fast driving
384
to give certificate to persons taking
to arrest persons coasting, etc.
411
• ·
up animals
533
sances
power of harbor master
to assist health officer
to make complaints relative to nui-
to inquire into and abate nuisances. 484
to take up and impound animals.... 531
fees for taking up and impounding
animals
531
poundmasters to have police powers 547
to retake escaped and rescued ani-
mals
452
458
•
when to sell animals impounded... 535
to give and post notices of sales... 535
to report sales of animals.
535
484
to pay weekly to treasurer moneys
collected
536
to report weekly to controller.
to be furnished books, papers and
537
D ·
supplies
538
fees to be charged by...
539
duties upon sale and redemption of
549
animals
540
duties under state law for impound-
ing of animals
when not to receive animals.
541
• • •
854-865
...
to notify prosecuting attorney of
violations of liquor law..
appointment of regular and reserve
authorized
902
not to deliver animals when.
to place address sign at pounds... 543
to have police powers....
542
•
547
940
how to qualify.
940
•
•
compensation and removal of..
to retake escaped and rescued ani-
mals
548
•
549
powers and duties of regular.
941
•
powers and duties of reserve....
reserve, when to perform active
may prosecute suit for recovery of
942
duties
942
deficiency on sale of animals.... 550
complaints against....
551
to keep office with recorder.
554
not required to wear uniform..
942
•
• •
to receive compensation only when
on duty...
942
absence of, recorder to act.
to post notice of office..
duties under state law for impound-
554
• • • •
554
•
942
• •
•
854-865
944
see
compensation of, how paid..
vacancies in regular to be filled
from reserve force...
POLITICAL CONVENTIONS,
conventions.
POLITICAL PARTIES, challengers 745
duties of committees of..
• •
752-753
....764-773
POLITICAL PURITY, offenses
against
POLLS, when open on elections for
borrowing money.
POSTERS, in parks, etc..
•
etc
on buildings, fences, trees, poles,
·
ing of animals
POUNDS, to be designated by council 528
to be kept open entire year..
528
•
who entitled to fees for taking up
animals
531
record, evidence of sales, etc..
address sign on......
534
·
543
interference with persons taking ani-
mals to
544
557
fees to be charged for keeping,
feeding, etc..
539
420
redemption of animals sold..
540
481
when poundmaster not to receive
animals
541
481, 876
animals not to be released when...
542
·
breaking into
545
321
• • ·
q458
unlawful taking up of animals......
escaped and rescued animals may be
546
retaken ..
549
•
535
543, 554
555-556
state law concerning running at
large of and damage by animals
854-865
to be provided by council.
PRECEDENCE of motions
PREMISES, aldermen to enter and
855
932
examine
462
indecent and immoral.
POSTING, of notice to construct or
repair sidewalk
of notice of contagious disease.
of sanitary rules in barber shops.... 488
of sale of impounded animals...
of signs on pounds ..
of registration and election..
see posters.
· •
J • • •
POSTS, planting of in streets....... 305
POUNDMASTERS, to be appointed
by council
to file oath and give bond.
529
·
529
266 INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
SEC.
No.
SEC.
No.
397
523
PREMISES (continued).
deposit in of rubbish and nuisances
468, 469
nuisances not to be allowed on...... 471
not to be offensive
479
PRISONERS, when and how may be
employed
PUBLIC HALLS, crowds and loiter-
ing near
license fee of..
PUBLIC HEALTH, see health offi-
cer, board of health.
ordinance relative to...
457-467
credit for labor performed
PROCEEDINGS of council, how gov-
erned
.. 938
939
premises not to be injurious to..... 479
quarantine, nuisances,
offensive
781-834
• ·
•
•
•
• ..
271, 932, 946
280-284
781-834
•
extin-
414
·
on investigation of charges
PROCLAMATION by mayor con-
cerning maintenance of political
purity
772
• • • ·
293
PROFILE, of grade of streets, etc.,
to be filed
PROPERTY, destruction of infected. 458
infected not to be brought into city.. 460
PROPERTY OWNERS, to construct
and repair sidewalks
320, 324
to remove snow and ice from side-
walks
to
333
334
remove obstructions and en-
croachments from sidewalks
to place numbers on buildings...
.. 347
to observe orders of fire wardens 425, 440
to pay expense of razing buildings. 440
to equip buildings in fire limits with
stand-pipes and ladders
·
to keep premises wholesome.
to pay expense of abatement of nui-
sances
PROSTITUTION, houses of ill-fame,
trades, etc..
laws in respect to..
PUBLIC LAMPS, lighting,
guishing and injury to..
PUBLIC LIBRARY, see Peter White
public library.
PUBLIC MONEYS, safe keeping of
922-929
415
415
•
PUBLIC PARKS, digging and injury
to trees, shrubbery, flowers, etc 415
injury to trees, shrubbery, flowers,
etc.....
digging and driving in..
defacing and injuring monuments,
signs, fences, fountains, etc.... 416
building of fires, firing guns and
•
417
other disturbances
drunk and intoxicated persons in... 417
destroying of birds nests in..
nuisances in.....
·
417
418
•
deposit of garbage, refuse etc., in... 418
use of vehicles in.
immoderate driving in..
•
442
•
479
419
419
483.
etc....
375, 877, 878
PROTECTION OF LIBRARIES 713, 715
PROXIES not to be given to conven-
tions
746-749
signs, stands and structures in. 420
distribution and posting of hand bills 420
sales of merchandise in....
business, trade and traffic in.
sports, shows and entertainments in 521
deposit in of rubbish and nuisances.
•
421
421
•
•
PUBLIC AMUSEMENTS, license and
468, 469
conduct of
522-527
liquors not to be furnished at..
see public entertainments.
PUBLICATION of ordinances, proof
905
park on Washington street..
496
PUBLIC PEACE, police to preserve.. 369
PUBLIC PLACES, children in, even-
ings
•
398
of....
272
of notice to repair sidewalks..
321
of notice of sale for assessments.... 356
PUBLIC BUILDINGS, inspection of 777
bonds required of contractors for
construction and repair of.. 778-780
PUBLIC CARRIAGES, employment
of drunken drivers
for offenses not otherwise provided 936
PURCHASE by city of lands sold for
PUBLIC POUNDS, see pounds.
PUBLIC WORKS, bonds required of
contractors for construction and
repair of
778-780
PUNISHMENT, see penalty.
869-870
•
•
special assessments
357
running of horses
871
of city's bids on sales for special as-
871
•
872
873
li-
522-527
drivers of......
horses to be made fast.
liability of owners for injuries.
PUBLIC ENTERTAINMENTS,
cense and conduct of..
entertainments exempt from license 522
disorderly, indecent and immoral
QUARANTINE, duties of health offl-
RACING and riding near street cars 402
sessments
366
•
cer in relation to
458
state law for
806-813
RAILWAYS, quarantine and disin-
fection of cars
458
conduct at....
524
D
conductors to report arrival of sick
sale of intoxicating beverages at..
bars and saloons in connection with 524
disorderly persons at....
524
persons..
459
REBATE of special assessments..
565
524
license for may be revoked by mayor 525
PUBLIC GROUNDS, see public parks.
record of boundaries
RECORD of ordinances and by-laws. 272
of streets and highways..
292
291
...
of grade of streets, highways, etc.. 293
362
of sales for assessments
1
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC
267
SEC.
SEC.
No.
No.
RECORD (continued).
of animals impounded
533
REFERENCE, of business to com-
mittees....
268
•
pound, evidence of sales.
534
•
RECORDER, to notify of special
REFUND, to purchaser of assess-
ment bid
363
council meetings
267
of special assessments
565
to keep and index record of ordi-
nances and by-laws
272
to procure proof of publication of or-
dinances and by-laws
272
to authenticate record of ordinances 272
to receive and present
complaints
against officers
277
to procure official map of city
290
• •
to procure and keep book of street
records
291
to record streets and highways.
to file profile of streets, etc..
292
293
to sell lands delinquent for special
assessments
RELIGIOUS
ance of
355
to publish notice of sale of lands for
special assessments
356
to procure and file proof of publica-
tion of notice
356
• •
when and how to sell lands for spe-
cial assessments
REGISTRATION OF DEATHS. 836-842
REGISTRATION of electors on bor-
rowing money
of physicians and midwives
REGULAR MEETINGS of council
of council as board of health..
of light and power commission.
REGULAR POLICE, appointment
and qualification of
powers and duties of..
REMITTING of special assessments. 565
REMOVAL of officers, trial for... 279-284
of police by council.
of buildings in and into fire limits... 436
of poundmasters
of dead, permit for...
555
843
MEETINGS,
•
266, 276
457
716
• •
940
941
disturb-
380
•
•
368
· • •
548
492
357
when to bid off lots to city..
357
how to sell lots for special assess-
permit to be filed with sexton..
RENDERING, nuisances prohibited.. 471
of animal substances
493
· •
478
..
ments
358
• •
REPAIR, of streets by persons dig-
may require immediate payment of
bids
ging
305
359
366
marshal to serve notices for
to certify and render
c371
account of
contagious
..
464
492
492
•
•
...
• •
may cancel bids and re-sell when.. 359
to pay treasurer proceeds of sale. 359
certificate of sale for assessments... 360
to execute deeds on assessment sales 361
to execute deed under purchase of
city's interest
claims concerning
diseases
permit for removal of corpse..
to keep record of burial and removal
permits
to license hawkers and peddlers.. 514
to license public entertainments. 523
may refuse to license entertainments 525
grounds of refusal to be reported to
by marshal of defects in streets, and
other matters
of arrival of sick persons.
of poundmaster to controller
RESCUE of persons under arrest,
penalty
RESERVE POLICE, appointment
and qualification of....
powers and duties of...
when to perform active duty.
not required to wear uniform.
to receive compensation only when
on duty
compensation of, how paid
see police.
RESERVE POLICE may be required
by mayor or marshal to perform
active duties
RESIGNATION of police
council
525
...
•
appeal to council from refusal of re-
corder
525
•
council may reverse refusal of re-
corder
525
943
when to perform duties of pound-
masters
368
554
to deliver registers to board of reg-
istration
RESISTANCE, to officers
312, 393
to police, penalty for..
373
555
•
•
to give notice of registration and
election on borrowing money.... 556
to furnish articles to boards of reg-
istration and election
to officers seizing gaming devices..
to harbor master
381
• •
449
•
by offenders in custody.
RESOLUTIONS, to be referred un-
938
• •
560
duties of in relation to registration
of deaths
REDEMPTION from sales for as-
836-842
less otherwise ordered
when to be reduced to writing..
ordering investigation of charges
268
•
270
against officers
278
sessments
of impounded animals
•
363, 364
540
relative to publication of charter,
ordinances, etc....
947
...
REPEAL of rules of council, vote re-
quired
271
REPORT by police and watchmen to
marshal
..a372
d371
•
•
459
D ·
•
537
·
•
373
•
•
940
942
·
•
942
• •
•
•
942
•
•
942
• •
942
•
·
268
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
SEC.
No.
SEC.
RETURN of treasurer of delinquent
special assessments
REVIEW, of sidewalk assessment
rolls
No.
351
SALOONS, to be closed on Sunday... 382
to be closed at 11 p. m.
when may be open
395
•
423
323
*
REWARD for conviction of persons
violating charter and rules of
light and power commission..... 735
RIDING near street cars..
402
on steps and outside of street cars.. 403
on street cars without paying fare.. 403
RIOT, police to quell..
369
mayor may appoint special police.. 370
prohibited
•
to be closed election days.... 772, 773
penal provisions in relation to.. 898-916
minors not allowed in.
905
when to be closed,
907
• •
marshal to visit weekly...
909
curtains and screens to be removed
when
916
females as barkeepers
917-920
392
SCAFFOLDS, how to be erected.
SCHOOLS, closing of by health offi-
386
ROAD, law of.
•
• · 4
•
867
cer
458
ROADWAYS, not to be disturbed or
torn up
305
ROOFS, of buildings in fire limits.
ROPES, hanging of in streets..
RUBBISH, deposit of in streets, parks
and private premises
433
305
•
468, 469
RULES for electric wiring.
RULES for government of council,
how amended or repealed..
marshal may make for police and
watchmen
720
▪
271
.b371
may be amended or revoked by mar-
shal or council
..b371
of parlimentary practice
932, 946
SAFE KEEPING of public moneys..
922-929
SCHOOL DISTRICT No. 1, when to
require bonds to insure payment
of wages and materials.. 778-780
to appoint truant officers.
845
SCHOOLS, attendance at, of chil-
dren
..844-850
SCREENS, when to be removed
from saloons
SCUTTLES, in buildings in fire
limits
SEARCH WARRANTS
SECURITY, for payment of labor
and materials in public works
SEIZURE, of gaming devices..... 381
SENTENCE on non-payment of fine
•
916
426
897
778-780
..
SALES of property for delinquent
and costs
937
special assessments
351
....
•
•
suspension of.
937
•
of lands, for delinquent assessments,
list and notice
SERVICE, see notice.
356
of notice of special meetings of
proof of publication of notice..
interest, cost of advertising and sale
to be included
356
council
267
356
same, of light and power commis-
sion
717
to be made by recorder, how. 356, 357
what part of lot to be sold..
immediate payment of bids may be
required
•
SEWERS, laying of.
289
358
laying of in streets..
305
• D
359
•
cancellation of bid and re-sale.
359
sewerage and grease traps to be
under control of street commis-
sioner
335
certificate of purchase
360
deed how and when executed..
record to be made and deposited
361
•
permits for construction of....
clogging of, to be reported by mar-
336
shal
..d371
with treasurer
362
redemption from
363
363
•
•
refund to purchaser of bid..
certificate on redemption from. .. 364
treasurer to sell if recorder neglects. 365
purchase of city's bid, terms of..... 366
deed upon purchase of city's bid.... 366
of poisons not marked
police to report clogging of.
connections with main or branch
sewers
how branches and junctions to be
made
..a372
•
•
337
338
•
385
...
of impure milk and food..
389
grease traps required.
permit for connection with..
houses not to be connected without
339
•
•
339
of merchandise in parks and ceme-
teries
grease traps
339
•
421
sewerage on streets without sewer
of milk and unwholesome food sub-
stances
458
under control of health officer.. 340
nuisances prohibited....
471
at auction, unlicensed
506
vaults to be connected with..
475
live stock, vegetables, fruit, etc., ex-
materials, labor and manner of
empt from requirement of ordi-
construction
.566-682
...
nance relative to peddlers..
519
pound record, evidence of..
534
of animals impounded
535
•
by poundmasters, proceeds to be
paid treasurer
536
Davis sewer specifications......566-682
SEXTONS to certify weekly to re-
corder copy of register....
duties of in relation to registration
of deaths......
•
494
.836-842
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
269
SHAVINGS, deposit of.
SHEDS, in fire limits.
SHELLS, deposit
SHOOTING GALLERIES
•
•
SEC.
No.
468, 469
437
468, 469
AND
nuisances prohibited
MATCHES, license fee for.... 523
SHOWS in parks and cemeteries. 421
license of
L
SKATING RINK, license fee for.. 523
SLAUGHTER HOUSES, sanitary
condition of
SLAUGHTERING, permit for
SLEIGHS, on sidewalks and certain
SEC.
No.
458
471
472
•
•
•
·
streets..
409
•
522, 523
bells on
874
liquors not to be furnished at......
SICK PERSONS, arrival of to be
.. 905
• • •
SLING SHOTS and throwing of
missiles
408
reported
459
SLOPS, deposit of in streets, parks,
to be kept confined when..
461
·
when not to be brought into city... 485
SIDEWALKS, not to be disturbed
and private premises
SMALLPOX, persons afflicted with
..468, 469
or torn up....
305
building, encroachments....
311
to be constructed under superin-
tendence and to the satisfaction
to be confined...
461
laws relative to...
814-824, 830-833
SNOW, to be removed from side-
walks by owners and occupants 333
SPECIAL ASSESSMENTS sale for
•
of street commissioner.
316
delinquent. See sale.
width, location and grade of.
317
• •
how collected
298
material and manner of construc-
tion of plank walks.
when may be constructed of other
material than plank.....
318
cil
proceeds, how appropriated..
318
when Owners and occupants
of
lands required to construct or
repair
may be rebated by common coun-
extension of time for collection. 302, 353
penalties for deferring payment of. 302
council may direct suit for collec-
299
300
·
•
320
•
notice to and duty or persons to
construct or repair.
321
common council may construct and
repair and assess costs on
property
tion of
for sidewalks, how collected.
for construction and repair of side-
walks.
303
•
•
323
• a
322
review correction and adoption of
322
when immediate repair of may be
ordered by street commissioner 324
to be kept in repair by owners and
occupants of lots..
obstructions and encroachments... 326
protection of areas under..
roll for sidewalks, and notice.. 323
for cost and expense of sidewalk
repairs
collection of
325
349
324
warrant of controller for collection. 350
delivery of roll and warrant to
326
treasurer
350
•
penalty for obstructions
and en-
croachments upon
326
posts in
327
signs, merchandise, etc., upon.. 329
receiving and delivering merchan-
dise over
•
duty of treasurer to collect and
make return.
advertisement and sale of property
for
351
•
351
proceeds of, how applied..
352
• •
330
loitering in crowds upon..
331
extension of time for collection.... 353
interest penalty upon..
353
animals and vehicles not to ob-
struct or be driven upon.
332
council may direct suit for collec-
tion of
354
snow and ice to be removed by
owners and occupants..
interest, cost of advertisement and
333
sale
356
removal of obstructions and
en-
croachments at expense
of
property owners
334
recorder to make and publish list
and notice of sale of lands de-
linquent for special assess-
defects in to be reported by mar-
ments
356
shal
.d371
police to report defects in.
.a372
•
open doors and gratings in..
388
· •
recorder to procure and file proof
of publication of list and notice
of sale
356
broken and dangerous, prohibited.. 388
crowds and loitering on..
397
coasting on
409
interest, cost of advertising and of
sale to be added.
certificates of sale under.
356
•
360
• •
• •
riding of vehicles upon.
412
deeds on sales
361
SIGN POSTS in streets.
327
record of sales for.
362
•
SIGNS, hanging of, in streets.
305
to be placed on pounds..
542
indecent and immoral..
481
redemption from sales for..
certificate of treasurer on redemp-
tion from sale for....
363
364
on premises, fences, trees, posts, etc 481
when treasurer to make sales...
365
270 INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
•
SEC.
No.
SPECIAL ASSESSMENT (continued).
purchase of city's bids on sales for. 366
rebating and remitting of....
565
SPECIAL MEETINGS of council.. 267
SPECIFICATIONS, for sewers..566-682
SPORTS prohibited in streets.... 387
coasting on sidewalks and certain
streets
•
409
•
421
690
in parks and cemeteries.
SPRINKLING HOSE, use and size
of nozzles for.....
•
STABLES, use of open lights in. 430
nuisances prohibited
STAGE OWNERS and drivers to re-
port arrival of sick persons..
STAGING, how to be erected..
STAIRWAYS, to roof in buildings
in fire limits
• ·
STAND-PIPES required in build-
•
ings in fire limits..
STATUE, of Marquette, acceptance
and protection of
STEAMBOATS, management of in
harbor..
lights on
STREET
COMMISSIONER (con-
tinued).
notice by to remove obstructions and
encroachments on sidewalks
notice by to remove improper awn-
ings
to cause obstructions and encroach-
ments on sidewalks to be re-
moved
•
duties under state law for impound-
STREET NUMBERS, buildings and
ing of animals
·
lots to be assigned
how assigned
•
• • ·
SEC.
No.
326
328.
334
854-865
343
344-346.
347
to be placed on premises and build-
ings
STREET RAILWAYS, jumping on
or off steps and platforms of
persons not to be on steps or outside
471
....
• D
• •
...
459
386
426
car's
401
442
going upon tracks in front of cars.. 402
racing with cars
402
562-564
446
parts of cars
payment of fares on..
403
403
• •
•
•
446
•
•
•
harbor master to direct use of..
owners and masters to report arrival
•
STEAM WHISTLES, blowing of 405, 406
penalty for going on tracks, jumping
449
•
of sick persons
penalty for blowing ·
407
STONE, not to be deposited in streets 307
STOP COCKS, unauthorized opening
of
688
STORES, use of vaults
475
STOVES AND PIPES, fire wardens
to direct construction and care
of
425
manner of use
427
459
on or off of, racing with or
stealing rides upon cars
STREETS, opening, grading, etc..
record of boundaries
in use six years to be recorded.
profile and description of grade..... 293
unauthorized filling or excavation
of
294
how planked and macadamized.. 295
materials and manner of construct-
ion to be prescribed
walks at intersection of streets to be
permission for building material to
404
289
·
291
292
• · ·
295
at expense of city..
·
297, 301
STRAW, deposit of in streets, etc 468, 469
remain in
304
STREET CARS, see street railways.
STREET COMMISSIONER, to di-
obstructions in
304
unauthorized digging
305.
rect laying of macadam in
streets
planting of posts in..
305,
295
may grant permission for building
material in streets
304
permit of to dig and remove earth
from streets, etc..
307
laying of pipes, sewers, etc., in. 305,
hanging of banners, signs, etc., in... 305
to be repaired and replaced by per-
sons digging therein
barriers to be placed around excava-
•
· ·
305.
•
permit for the moving of buildings.. 310
to cause removal of encroachments
on streets
notice by to remove encroachments
from streets, etc..
tions
305
312
312
►
duty to enforce street ordinance.. 315
to superintend construction of side-
lights to be placed at excavations... 305.
deposit of earth, rubbish, etc...
digging and removal of earth
mayor, aldermen and officers may
order removal of encumbrances
and obstructions
307
•
307
308
walks
316
..
to notify owners and occupants to
construct or repair sidewalks... 321
to construct and repair sidewalks
and certify expense
animals in, not to be left untied.. 309
vehicles, not to be upon cross-ways
or foot-ways
309
•
322
•
moving of buildings, permit, pre-
cautions, etc
310
when may order immediate repair of
sidewalks
building encroachments
311
324
removal of encroachments..
312
..
when to repair sidewalks..
325
fastening of animals to fences, rail-
to report to controller cost and ex-
ings, trees, etc......
313
pense of sidewalk repairs....
325
posts and signs in
327
INDEX TO ORDINANCES, LOCAL REGULATIONS, ETC.
271
440
550
• •
permitted on
382
saloons to be closed.
382
•
opening of shops,
business and
use of carts
games on....
drinking and idling in taverns..
presence at games, sports, etc.
disturbance of worship on..
SUPERVISORS, complaint by, against
•
truant or disorderly children.... 852
843
SURGEONS, to be registered..
SUSPENSION of order of business... 270
SWILL, deposit of in streets, parks
and private premises
TANNERY, nuisances prohibited..
TAXES, unpaid personal, statement
of to be filed with treasurer..... 565
treasurer to be credited with..
565
treasurer to collect and report..
.. 565
TEAMS, loosing or driving away of.. 930
TENANTS, to report dangerous dis-
885
886
•
887
•
889
SEC.
No.
SEC.
No.
STREETS (continued).
TREASURER (continued).
material and construction of 'awn-
ings
328
•
buildings and lots to be assigned
numbers
marshal to serve notices for........c371
to file statement of uncollected per-
sonal taxes
565
• •
343
defects in to be reported by mar-
shal
to be credited with delinquent per-
sonal taxes
565
d371
police to report defects, obstructions
and encroachments
dangerous places in to be secured by
police
to note entry of taxes in delinquent
personal tax book
565
..a372
c372
• •
open doors and gratings in
388
• • •
• • •
•
to collect and report taxes entered in
delinquent personal tax book.... 565
TREES, injury or destruction of.
injury to
313
415
397
children in, evenings
398
TRESPASS in cemeteries
TIME, extension of, for collection
501
409
412
of special assessments......... 353
TRIAL, of officers, proceedings in
468, 469
• •
945
904
crowds and loitering in..
coasting on
use of bicycles. etc., upon..
deposit in of rubbish and nuisances
• •
•
use of over-loaded vehicles on.
STUDENTS, gaming by
SUIT, common council may direct for
collection of special assessments 303
for collection of special assessments 354
for collection of expense razing
buildings
for recovery of deficiency on sale of
impounded animals
SUNDAY, games not to be played nor
279-284
TRUANCY, and compulsory educa-
•
tion of children..
..844-850
TRUANT CHILDREN, who deemed 851
complaint against
852
TRUANT OFFICERS, appointment,
duties and compensation of.844-850
TOBACCO, furnishing of to minors.. 881
TUGS, management and use of in
•
446
446
•
harbor master to direct use of... 449
UNDERTAKERS, to deposit burial
and removal permits with sex-
tons
duties of in relation to registration
493
836-842
e371
..f371
harbor
lights on
of deaths
•
UNIFORM of marshal
• ·
of police.....
UNWHOLESOME FOOD, sale of.. 389
VACCINATION,
of
duty
health
officer
458
board of health
may provide for
free
829
468, 469
476
471
· • •
alty
punishment of
VAGRANTS, who deemed and pen-
VACANCIES, in standing commit-
tees, how filled...
374.
880
269
•
eases
822
in regular police to be filled by ap-
pointment from reserve force.. 944
VARIOLOID, persons afflicted with
to be confined....
461
THEATERS, liquors not to be fur-
VAULTS to be connected with
nished in
905
sewers
475
THREATENING LANGUAGE, use
emptying of
476
of
392
VEGETABLES may be peddled
THROWING, of missiles
408
.
without license
519
•
TIRES, width of, on vehicles.... 419, 945
TREASURER, deposit of moneys re-
ceived from poundmasters
VEHICLES not to be halted on
536
fees on collection of special assess-
ments
cross-ways or foot-ways..
not to obstruct or be driven upon
sidewalks
309
•
•
332
350
to collect special assessments and
make returns
riding on sidewalks
use of bicycles, etc..
412
•
412
351
loads and width of tires permitted
when to refund assessment bids.
when to make sales for special as-
363
• •
in parks and cemeteries....419, 945
owners and drivers to report
sessments
365
rival of sick persons in..
ar-
459
272 INDEX TO ORDINANCES, LOCAL LOC
REGULATIONS, ETC.

SEC.
No.
SEC.
No.
VEHICLES (continued).
for swill, garbage, etc.
WATER (continued).
476
to be shut off for failure to pay
law of the road relative to.
867
rates
686
•
874
use of for sprinkling..
690
•
945
•
WATER PIPES, bursting of to be
reported by marshal.
d371
· •
446
a372
•
683.
bells to be used on..
use of overloaded..
VESSELS, management of in harbor 446
lights on
•
... 458
459
harbor master to direct use of..... 449
quarantine and disinfection of..
owners and masters to report ar-
rival of sick persons..
VOTE, three-fourths of council neces-
sary to act on business without
reference to committee..
three-fourths of council necessary
to act on business on same day
presented
•
•
•
268
two-thirds required to amend or
repeal rules of council..
police to report bursting of..
permit to tap...
application for permit to tap....... 684
unauthorized interference with.... 688
WATER RATES, when and where
payable
• •
•
penalty for failure to pay
WATER WORKS,
interference with
anchoring
686
686
.. ► •
unauthorized
688.
of vessels
445
harbor master to protect use of.... 449
limits of in harbor.
454
WHARVES,
268
✔
near
271
by yeas and nays on confirmation
of appointments....
when taken on confirmation of ap-
pointments
275
...
•
WEAPONS, carrying of concealed.. 875
WHISTLES, blowing of in city..405, 406
penalty for blowing..
407
275
WIRE, hanging of in streets..
305
•
canvass and return of on elections
for borrowing money.
561
..
VOTING, illegal......
757
WALKING MATCH, license fee for 523
WALLS, of buildings in fire limits
police to report broken electric.. a372
conductivity of electrical fuse...
electric, not to be tapped without
permit
•
723.
721
433, 434
electric, to be connected only by
licensed wiremen..
722
WARRANTS to be drawn for com-
pensation of city engineer..
for search
288
897
WIREMEN, to be licensed..
WIRING,rules for electric...
WOMEN, use of indecent and insult-
722
720
•
WASHINGTON STREET, park on 496
ing language in presence of.... 883.
WOOD, may be peddled..
519
WATCHMEN,
rules for
WASTE OF WATER..
marshal to make
uniform and badge of.
what to report to marshal.
WATER, filthy, deposit in
etc......
use and waste of..
685
·
•
WORSHIP, places of, crowds and
loitering near
397
.b371
WRECKS, harbor master to direct
f371
• •
removal
449.
a372
•
•
•
streets
WRESTLING MATCH, license fee
for
523
307
ZOOLOGICAL GARDENS, license
685
fee for
523

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